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
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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.