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HomeMy WebLinkAboutNCC223293_FRO Submitted_20220921JCN 6423-09 Durham City/County (Office Use Only) Sedimentation and Erosion Control FINANCIAL RESPONSIBILITY/OWNERSHIP FORM WITH LANDOWNER CONSENT FORM No person may initiate any land -disturbing activity covered by the Durham City -County Unified Development Ordinance before a Land Disturbing Permit is issued by the Sedimentation and Erosion Control Office. Issuance of a Land Disturbing Permit does not relieve the permittee of the obligation to obtain any other licenses, permits and approvals as may be required by Federal, State, County or Municipal governments. This office must be notified in writing of any change to the information on this form. PLEASE TYPE OR PRINT 1. Project name: AutoZone Durham NC3612. 2. Road location of land -disturbing activity:2123 TW Alexander Drive Tax Map - Block - Parcel: Parcel ID 202508 PIN: 0758-02-69-1679 3. Square footage of land to be disturbed or uncovered: 57,000 +i- 4. List below the landowner of record. Each landowner must complete Item. 8. (If there are multiple owners, please list on a separate page): NC 2123 LLC Name 2331 Gus Thomasson, Smite 126 Address Dallas TX 75228 City State Zip (214) 321-4151 x 222 dehbie.hnhhsfdatt.net Telephone Fax Email 5. List the person or entity financially responsible for this land -disturbing activity: The financially responsible party shall be (1) the developer or other person who has or holds themselves as having financial or operational control over the land - disturbing activity and/or (2) the land owner or person in possession or control of the land when they have directly or indirectly allowed the land -disturbing activity or have benefited from it and (3) the named parry on the Land Disturbing Permit. AutoZone Development LLC Name 123 S. Front Street Street Address Memphis TN 38103 City State Zip 901-495-8567 gary.hatch@autozone.com Telephone Fax Email The Sedimentation and Pollution Control Act (Act) and the Durham City -County Unified Development Ordinance (Ordinance) includes, but is not limited to, the following legal obligations of the financially responsible party: ■ Maintain a set of approved sedimentation and erosion control plans, if required, on site. ■ Display permit on site. ■ Understand and implement any required plan, including the construction sequence and details. ■ Inspect, maintain and repair sedimentation and erosion control measures, especially after rainfall events. ■ Provided adequate ground cover or otherwise stabilize all areas that have not been actively graded within 21 calendar days. ■ Plan and conduct all land -disturbing activity so as to prevent off -site sedimentation. 201 E. Main St, 5`" Floor, Durham, N.C. 27701 • (919) 560-0735• Fax (919) 560-0740 www.co.durham.nc.us/ceng 6. For business applicants, list below the North Carolina registered agent for the financially responsible entity: CT Corporation System Name 160 Mine Lake Ct Ste 2( Street Address Raleigh City Telephone NC State Fax 27615-6417 Zip Email 7. The above information is true and correct to the best of my knowledge and belief and was provided by me while under oath. I understand that the person or entity listed on Line S above will be: (1) the owner of the Land Disturbing Permit when issued; (2) responsible for ensuring compliance with the Act and Ordinance; and, (3) will be the only person or entity with standing to appeal any action taken or decision made by the Sedimentation and Erosion Control Office. 1-6-22 Date 901-495-6992 Telephone tim.goddard@autozone.com Email Fax Timothy J. Goddard Type or Print Name Vicf President Business Avolicant Provide co orate resolution on signatory authori 1 dames D. Anderson a Notary Public of the County of State of y1{/ f,�C [' , hereby certify that Timothy J. Goddard personally came before me this day and acknowledged that he is Vice President °f + !!!j� L4C and acknowledged, on behalf of & 1 , the due execution of the foregoing instrument. �.itylaand and official seal, this day of OF 1 � , Public �� 7 !ti`IESScE --• I > ¢ommi�siart expires _ 1 � / �� 20 ay. ^V``:: -. lhifMdiial Applicant 1, , a Notary Public of the County of State of , hereby certify that personally appeared before me this date and under oath acknowledged that the above form was executed by them. Witness my hand and official seal, this day of 20 Notary Public My commission expires 20 LAND DISTURBING PERMITS ARE NON -TRANSFERABLE Provide a Notarized Item 8 for each landowner listed in Item 4. 8. Land Owner Consent. As a landowner, I provide my consent for land -disturbing activities to occur on the property Iisted in Item 2 by the person or entity listed in Item 5. T 11 Date �2tt-j : — (2�jq? Telephone Fax A i, raj,, eeu- Business Landowner or Print Name iG or Authority, 7 I, , a Notary Public of the County of State of hereby certify that personally came before me this day and acknowledged that he is of l uL� G and acknowledged, on behalf of , 14<_` 1 ` the due execution of the foregoing instrument. Wi an . dal 139 day of ,L , 20z ID # 115387-9 � o= Notary Publit State of Texas �, Vz7 Nay Comrr scion EXPLres No Public M cg�s�,►�Dn exp►n ' l2fJ23 , 2Q Individual Landowner I, State a Notary Public of the County of her"eby certify that tt•y ,; w.•1 I., personally appeared before me this date and under oath acknowledged that`the above form was executed by them. Witness my hand and official seal, this day of My commission expires 20 Notary Public 20 5E-03 Rev.07/06 CONSENT OF THE SOLE MANAGER OF NC 2123, LLC (Signing Authority) below. This Consent (this "Consent") is made by the sole Manager in accordance with the Recitals set forth RECITALS: A. J. Waymon Levell is the sole Manager of NC 2123, LLC, a North Carolina limited liability company (the "Company"); B. The Company is the owner of certain real property known as Lot 4 of AIexander Village located in Morrisville, Durham County, North Carolina (the "Property"); C. The Company desires to elect a slate of officers and to provide signing authority to J. Waymon Levee, as President of the company, and to Debbie Hobbs, as Vice President of the Company, to sign and deliver documents and otherwise act on behalf of the Company. NOW, THEREFORE, for and in consideration of the premises and the mutual covenant and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, the parties hereto hereby agree as follows: ?.Election of Officers. The undersigned hereby approves, authorizes and consents to the election of J. Waymon Levell, as President of the Company, and Debbie Hobbs, as Vice President and Secretary of the company, so that the current slate of officers of the Company is as follows: J. Waymon Levell President Debbie Hobbs Vice President and Secretary 2 .Ratif cation. Any and all transactions by any of the representatives of Company, for and on behalf and in the name of the Company prior to the date hereof, including, but not limited to, the negotiation and the terms of any and all documents, agreements, affidavits, amendments, releases, assignments, consents, and transfers, are hereby, ratified, confirmed and approved in all respects for all purposes. 3. Coun=arts and Electronic or Facsimile Execution. This Consent may be executed in multiple separate identical counterparts and such counterparts may be combined with other separate counterparts to constitute one original. This Consent may also be executed and delivered by electronic delivery or facsimile delivery, and an electronic or facsimile copy hereof shall be deemed to constitute an original and such signed counterpart will be binding upon a party that has executed and delivered same in that manner. 4_Governing Law. This Consent shall be interpreted, construed and enforced in accordance with the laws of the State of Texas. [Signatures continue on following page] SIGNATURE PAGE TO CONSENT OF THE SOLE MANAGER OF NC 2123, LLC (Signing Authority) IN WITNESS WHEREOF, the undersigned have executed this Consent to be effective as of the day of November, 2019, although the same may not be executed on that date. !'J. Waym Levell, Sole alter Consent of the Sole Manager- Page 3 CERTIFICATE OF SECRETARY OF AUTOZONE INVESTMENT CORPORATION, the sole member of AUTOZONE DEVELOPMENT LLC I, Maria Leggett, do hereby certify that I am the Assistant Secretary of AutoZone Investment Corporation, a corporation organized under the laws of the State of Nevada (the "Company"), and that at a meeting of the Board of Directors of the Company convened and held in accordance with the laws of the State of Nevada and the Bylaws of the Company on the 17"' day of December, 2019, the Board of Directors of the Company adopted the following resolutions, which are currently in full force and effect without amendment: RESOLVED, that any two officers of the Company are hereby authorized and empowered, for and on behalf of the Company, to execute any and all agreements, contracts, deeds, notes, deeds of trust, leases and other instruments in connection with any and all purchases, sales, transfers, leases, or other uses of real property or personal property now or hereafter owned or used by the Company, in the normal course of business, without further authorization by the Board of Directors. BE IT FURTHER RESOLVED, that any two officers of the Company are hereby authorized and empowered, for and on behalf of the Company, from time to time to designate specific corporate employees who are authorized to withdraw funds from designated commercial banks on such terms as may be deemed advisable by said officers, to make short term investments, and to make, execute and deliver checks, notes, renewal notes and extensions, assignments, endorsements, mortgages, deeds of trust, guarantees, and other instruments or instructions as may be deemed advisable by said officers, in the normal course of business, without further authorization by the Board of Directors. BE IT FURTHER RESOLVED, that any resolutions required to be adopted by any bank or other entity transacting business with the Company in the normal course of business shall be deemed to have been adopted by the Board of Directors of the Company as fully as if set forth verbatim herein, and the Secretary or the Assistant Secretary of the Company is hereby authorized to certify to the adoption of any such required resolutions. I further certify that the duly elected and qualified officers of the Company are as follows: William C. Rhodes III William T. Giles Mark A. Finestone Thomas B. Newbern Philip B. Daniele Preston Frazer Ronald B. Griffin William R. Hackney Domingo Hurtado Mitchell Major Charlie Pleas III Albert Saltiel Rick Smith Chairman, President & Chief Executive Officer Executive Vice President & Chief Financial Officer Executive Vice President Executive Vice President Senior Vice President Senior Vice President Senior Vice President & Chief Information Officer Senior Vice President Senior Vice President Senior Vice President Senior Vice President & Controller Senior Vice President Senior Vice President Kristen C. Wright Senior Vice President, General Counsel & Secretary Stephen Agar Vice President Jarvis Allen Vice President Jennie E. Anderson Vice President Edward Beltran Vice President B. Craig Blackwell Vice President Charles Blank Vice President Mauricio Braz Vice President Michael B. Campanaro Vice President Brian L. Campbell Vice President & Treasurer Catherine M. Culnane Vice President Anthony Dudek Vice President Robert Durkin Vice President Bill Edwards Vice President Joseph Espinosa Vice President Duane Findley Vice President Priya A. Galante Vice President, Assistant General Counsel & Assistant Secretary Patricia N. Glancy Vice President Timothy J. Goddard Vice President Eric Gould Vice President Matt Harmon Vice President Matt Henson Vice President Troy L. Hitchcock Vice President Chris Hunter Vice President Joyce Johns Vice President Thomas A. Kliman Vice President Manoj Koratty Vice President John Lammers Vice President Maria Leggett Vice President, Assistant General Counsel & Assistant Secretary Dennis LeRiche Vice President Satwinder Mangat Vice President Samuel J. Maki Vice President Grant McGee Vice President David McKinney Vice President Jason McNeil Vice President J. Scott Murphy Vice President Anthony Dean Rose Jr. Vice President Joe Sellers Vice President Brett Shanaman Vice President Steven M. Stoll Vice President Patrick D. B. Webb Vice President Solomon Woldeslassie Vice President IN WITNESS WHEREOF, I have executed this certificate and caused the seal of the Company to be affixed hereto this day of , 2020. (SEAL) ?oq ; 0 �A v •— Maria Leggett, Vice P sident :. SEAL*:oAssistant General Counsel & Assistant Secretary ;� �'�;•, NEVADA � 4 , '®ikQ,``�� • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online - Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name AutoZone Development LLC Information Sosld: 1407138 Status: Current -Active O Date Formed: 10/16/2014 Citizenship: Foreign State of Incorporation: NV Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: CT Corporation System Addresses Principal Office 123 S. Front Street Memphis, TN 38103-3607 Mailing PO Box 2198 Dept 8088 Memphis, TN 38101-2198 Company Officials Reg Office 160 Mine Lake Ct Ste 200 Raleigh, NC 27615-6417 Reg Mailing 160 Mine Lake Ct Ste 200 Raleigh, NC 27615-6417 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Treasurer Vice President President Secretary Brian Campbell Thomas Kliman William C Rhodes , III Kristen Wright 123 S Front St 123 S Front St 123 S Front St 123 S Front St Memphis TN 38103 Memphis TN 38103 Memphis TN 38103 Memphis TN 38103 Book8737 - Page709 Page 1 of 5 For Registration Sharon A. Davis Register of Deeds Durham County, INC Electronically Recorded 2019 Aug 28 12:22 PM Book: 8737 Page:709 NC Rev Stamp: $ 1900.00 Fee: $ 26.00 Instrument Number: 2019030891 DEED Fxcise Tax '6 1, 9 oo i co Parcel Identifier No. a Mail after recording to: Grantee This instrument was prepared by: Fishman Jackson Ron uillo PLLC 13155 Noel Road Suite 700 Dallas Texas 75240 ( ) without title examination Brief description for the Index: 2123 TW Alexander Drive, Morrisville, North Carolina 27560 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made as of this 26" day of August, 2019 by and between GRANTOR CIRCLE K STORES INC., a Texas corporation 100 Situs Court, Suite 100 Raleigh, North Carolina 27606 Attn: Real Estate Administration GRANTEE NC 2123, LLC, a North Carolina limited liability company 233E Gus Thomasson, Suite 126 Dallas, Texas 75228 Attention: Debbie Hobbs The designation Grantor and Grantee as used herein shall include said parties, their heirs. successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WiTNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City Town of %lorrisville, Durham County, North Carolina, and more particularly described as follows: BEING all of Lot 4, Alexander Village at Brier Creek, as shown on the plat recorded in Plat Book 167, pages 22-24, Durham County Registry (the "Property") The property hereinabove described was acquired by Grantor by instrument(s) recorded in Book 5472. Page 770-773 in the Durham County Registry. The Property herein conveyed does not include the primary residence of Grantor. submitted electronically by "The Pryzwansky Law Firm" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Durham county Register of Deeds. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, subject to the Permitted Exceptions and Reservation of Restrictions hereinafter provided. And Grantor hereby warrants that Grantor has done nothing to impair such title as Grantor received, and Grantor will forever warrant and defend the title against the lawful claims of all persons claiming by. under or through Grantor, except for the Permitted Exceptions hereinafter stated. Title to the property hereinabove described is subject to the "Permitted Exceptions" listed at Exhibit attached hereto and incorporated herein, and is subject to the following restrictions (the -Reservation of Restrictions"): For a period of 50 (fifty) years following the recording of this deed, the Property shall not be used (a) as a convenience store, (b) for retail sale of gasoline. (c) for retail sale of electronic cigarettes, cigarettes, and tobacco products, (d) for the retail sale of beer and wine for off -premises consumption (e) for the sale of food, drinks and/or snacks utilizing a mobile or "food truck" type use, including, without limitation, a moveable trailer, van or truck (f) for the sale of lottery tickets, (g) as a self-service or full -service car wash, or (h) for the operation of a national chain dollar store, including, but not limited to, Dollar General, Dollar Tree, 99 Cents Only or Family Dollar. As used herein, the phrase "sale of gasoline" shall include the sale or lease of any other energy source for motor vehicles as may hereafter be used in conjunction with or as an alternative to gasoline. GRANTEE ON BEHALF OF ITSELF AND ITS SUCESSORS AND ASSIGNS IN TITLE: (A) ACCEPTS THE PROPERTY "AS IS". "WHERE IS" AND "WITH ALL FAULTS-, AND (B) ACKNOWLEDGES THAT. EXCEPT FOR THE SPECIAL WARRANTY OF TITLE SET FORTH HEREIN AND THE REPRESENTATIONS AND WARRANTIES OF GRANTOR SET FORTH IN THE REAL ESTATE SALES AGREEMENT BETWEEN GRANTOR AND GRANTEE CONCERNING THE PROPERTY, GRANTOR HAS NOT MADE, DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS, AND GRANTEE HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY EXPRESS OR IMPLIED WARRANTIES, STATEMENTS, ASSERTIONS, NON -ASSERTIONS, DISCLOSURES OR REPRESENTATIONS TO GRANTEE CONCERNING ANY ASPECT OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO: (i) THE PHYSICAL, ENVIRONMENTAL, STRUCTURAL OR GEOLOGICAL CONDITION OF THE PROPERTY, (ii) THE HABITABILITY, SUITABILITY OR FITNESS OF THE PROPERTY FOR ANY PARTICULAR PURPOSE OR USE, (iii) INCOME TO BE PRODUCED FROM THE.: PROPERTY, (iv) THE COMPLIANCE OR NONCOMPLIANCE OF THE PROPERTY WITH ANY LAWS, RULES. REGULATIONS, JUDICIAL OR ADMINISTRATIVE: ORDERS, ORDINANCES, DECREES OR OTHER REQUIREMENTS OF ANY NATURE: WHATSOEVER IMPOSED OR ENFORCED BY ANY LOCAL, STATE, FEDERAL OR OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AUTHORITY (COLLE:CTIVELY, -GOVERNMENTAL REQUIREMENTS"), OR (v) THE PRESENCE OR ABSENCE: OF ANY LATENT OR PAT ENT DEFECTS AT, IN OR WITH RESPECT TO THE PROPERTY. TO TIIE FULLEST EXTENT PERMITTED BY APPLICABLE: LAW, AND EXCEPT FOR CLAIMS BASED UPON THE FRAUD OR INTENTIONAL MISREPRESENTATION OF GRANTOR OR KNOWING WITHHOLDING OF MATERIAL.. INFORMATION 13Y THI: GRANTOR, GRANTEE FOREVER WAIVES AND RELIEASES TIIE GRANTOR FROM ALL LIABILITY AND RESPONSIBILITY FOR, AND COVENANTS NOT TO SUE TIII: GRANTOR UPON OR IN CONNECTION WITH, ANY AND ALI. OTTIER CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES, DAMAGF,S, LIABILITIES, COSTS. I:XPE:NSI:S. AND COMPENSATION OF WHATEVER KIND, DIRECT OR INDIRECT, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, CONTINGENT OR OTHERWISE, THAT BUYER NOW HAS OR IS ENTITLED TO OR MAY HAVE OR BE ENTITLED TO IN THE FUTURE ARISING FROM OR IN CONNECTION WITH THE CONDITION OR USE OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO ANY ASSERTED OR ACTUAL VIOLATION, WHETHER OCCURRING PRIOR TO, ON OR AFTER THE DATE OF CLOSING, OF ANY APPLICABLE GOVERNMENTAL REQUIREMENTS RELATING TO HEALTH, SAFETY OR THE ENVIRONMENT. (Signature appears on the following page) IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed, the day and year first above written. GRANTOR: CIRCLE K STORES, INC., a Texas corporation b By: Name: , aron Br s Title: Assistant Secretary STATE OF NORTH CAROLINA COUNTY OF WAKE I certify that the following person(s) personally appeared before me this day, and have personal knowledge of the identity of the principal(s) 1 have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal's): each acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Aaron Brooks, Assistant Secretary of Circle R Stores Inc., a Texas corporation on behalf of said corporation. Date: August 26, 2019 Notary Public 01auttttttttuyryrr� P � 6R (print name) (olf", seeal� rARY Nly commission expires:-7 1,2 F;9ia PUBUG �G CDUNd��``. EXHIBIT "A" TO SPECIAL WARRANTY DEED PERMITTED EXCEPTIONS 1. Taxes or assessments for the year 2019, and subsequent years, not yet due or payable. 2. Covenants, conditions, restrictions, easements, and liens provided for in instrument(s) tiled for record in Book 2463, page 376. as amended in Book 2578, page 842; Book 2723. page 808. Book 2791. page 841; Book 280 I ,page 640: and Book 2940, page 577. and any related maps, plans, bylaws and other document(s) and amendment(s). 3. Any right, easement, setback, interest, claim. encroachment, encumbrance, violation, variations or other adverse circumstance as disclosed by plat(s) recorded in Plat Book 167, pages 22-24, Plat Book 165. page 305; Book 143, page 107; Book 156, page 1; Book 157, page 221; and Book 164, page 46. 4. Stormwater Facility Agreements and Covenants with the City of Durham recorded in Book 4732, pa+ore 103 and Book 4732, page 112. 5. Sewer Easement Agreement recorded in Book 2813, page 841. 6. Annexation Ordinance with the City of Durham recorded in Book 3689. page 626. 7. Easement to Duke Power recoded in Book 4606. pace 967. 8. Declaration of Easements and Restrictive Covenants recorded in Book 5006. page 257, as amended in Book 5472, page 758; Book 5715, page 101, Book 7517, page 539, and Book 8124. pace 458. 9. Restrictions contained in that Lease recorded in Book 4829. page 34.