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HomeMy WebLinkAboutNCC230898_FRO Submitted_20230331WAKE COUNTY FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT WAKENo person may initiate any land -disturbing activity on one or more acres as covered by the Wake County Unified Development Ordinance before this form and an acceptable erosion and COUNTY sedimentation control plan have been completed and approved by Wake County Department of NUR, 11 (AROI INA Environmental Services, Water Quality Division. (Please type or print and, if the question is not applicable, place N/A in the blank.) Part A. 1. Project Name. Willow Landing Lot 67 2. Location of land -disturbing activity: Jurisdiction Wake County (Wake Co. or Municipality) Highway/Street 1417 Willow Landing Way Latitude -78.694 Longitude 35.579 3. Approximate date land -disturbing activity will commence: 3/13/2023 4. Type of development (residential, commercial, industrial, institutional, etc.): Residential 5. Total acreage disturbed or uncovered (including off -site utilities and borrow/waste areas): 0.621 A Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name Jimmy Gaskins E-mail Address jagaskins@kbhome.com Telephone 919-768-7988 Cell # 919-868-5391 Fax # N/A 7. Landowner(s) of Record (attach accompanied page to list additional owners): KB Home Raleigh -Durham, Inc. 919-768-7988 N/A Name(s) Telephone Fax or E-mail address 4506 S. Miami Blvd., Ste. 100 Same Current Mailing Address Current Street Address Durham NC 27703 City State Zip City State Zip 8. Deed Book No. 019284 Page No. 00831-00835 Provide a copy of the most current deed. Part B. 1. Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet. Include requested information): KB Home Raleigh -Durham, Inc. jagaskins@kbhome.com Name E-mail Address 4506 S. Miami Blvd., Ste. 100 Same Current Mailing Address Current Street Address Durham NC 27703 City State Zip City State Zip Telephone 919-768-7988 Fax Number N/A 2. (a) If the Financially Responsible Party is not a resident of Wake County, identify a designated agent in Wake County to receive any notice, process, pleading in any action or legal proceeding arising out of any matter relating to the Wake County Erosion and Sedimentation Control Ordinance and/or Land Disturbance Permit: Doug Schwartz dschwartz@kbhome.com Name E-mail Address 1405 Willow Landing Way Same Current Mailing Address Current Street Address Willow Spring NC 27592 City State Zip City State Zip Telephone 919-768-7988 Fax Number N/A (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Telephone Fax Number The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there be any change in the information provided herein. Doug Schwartz Type or print name ��e-;�gje5_ Signature Division President, KB Home Raleigh -Durham, Inc. Title or Authority 3-Z1, Z'S Date \S0\\ou1 , a Notary Public of the County of 0\ fyc.�-o� State of North Carolina, hereby certify that ���, c� '�)C_V W c.,�A-L appeared personally before me this day and being duly sworn acknowf dged that the above form was executed by him. 5� Witness my hand and notarial seal, this d day ofca ERIN N POLLOCK � l NOTARY PUBLIC Johnston County Notary North Carolina Se by Commission Expires June 17, 2024 My commission expires 7)y\N9- �1 BKO19284PGO0831 Excise Tax: $3,135,00 WAKE COUNTY, NC TAMMY L. BRUNNER REGISTER OF DEEDS PRESENTED & RECORDED ON 03-15-2023 AT 13:56:02 STATE OF NC REAL ESTATE EXCISE TAX: $3,135.00 BOOK: 019284 PAGE: 00831 - 00835 Parcel Identifier No. Lot 7:0498875, Lot 8: 0498876, Lot 9: 0498877, Lot 10: 0498878, Lot 1 1: 0498879, Lot 12: 0498880, Lot 13: 0498881, Lot 14: 0498882, Lot 15: 0498883, Lot 16: 0498884, Lot 61:'0498929, Lot 62: 0498930, Lot 63: 0498931, Lot 64: 0498939 and Lot 67: 0498942 This instrument was prepared by: Bagwell Holt Smith P.A., I 1 I Cloister Court, Ste. 200, Chapel Hill, NC 27514 When recorded, return to: Grantee GRANT DEC, D WITH REPURCHASE RIGHT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, Willow Landing - Willow Spring, L.P., a Delaware limited partnership ("Grantor"), with a mailing address of 23975 Park Sorrento, Suite 220, Calabasas, CA 91302, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY to KB HOME Raleigh -Durham Inc., a Delaware corporation ("Grantee"), with it mailing address of 4506 S. Miami Blvd., # 100, Durham, NC 27703, that certain real property ("Property") in the Middle Creek Township, Wake County, Slate of North Carolina, which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference, together with all improvements located thereon and all rights, privileges, easements, tenements, and appurtenances pertaining thereto. This conveyance is made subject to all general and special real property takes and assessments, and Covenants, conditions, restrictions, rights of way, rights, interests, easements and reservations of record or otherwise known to Grantee, and further sttb,iect to the release of Grantor included below find Grantor's repurchase right as set forth-and.linlited_-in Scctign.23(c) (Owner's Right to Repurchase Lots) of that certain Option and Development Agreement between Grantor and Grantee, dated September 15, 2022, for reference purposes (together, the "Permitted Exceptions"). Said repurchase right is a continuing right and shall only be extinguished upon Grantor's recording of a quit claim deed relinquishing such repurchase right with respect to the Property or an applicable portion thereof in the official records of Wake County, North Carolina, provided, however, that such repurchase right shall automatically terminate with respect to tiny single lot within the Property upon (i) the closing of the sale of such lot with a substantially submitted electronically by "Bagwell Holt smith P.A." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the wake county Register of Deeds. BKO19284PGO0832 completed home thereon to a member of the homebuying public, or (ii) the conveyance of any such lot to a homeowner's association that includes or has a right to annex the Property. All or a portion of the Property does not include the primary residence of Grantor, TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, onto Grantee, its successors, legal representatives and assigns forever; and Grantor does hereby bind itself and its legal representatives to WARRANT and FOREVER DEFEND, all and singular the said premises onto Grantee, its successors, legal representatives and assigns, against every person whomsoever lawfi►ily claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise, subject to the Permitted Exceptions. [SIGNATURE PAGE FOLLOWS] BKO19284PGO0833 IN WITNESS WHEREOF, Grantor has caused this Grant Deed with Repurchase Right to be executed as of the IS�' day of March, 2023. Willow Landing-- Willow Spring, L.P., a Delaware limited partnership By: Cal Hearthstone PBLO GP, LLC, A Delaware limited liability company, General Partner By: Cal Hearthstone Public Builder Lot Option, LLC, a Delaware limited liability company, Sole Member By: Hearthstone Professionals — CS, L.P., a Delaware limited Partnership, Member Manager By: Steven C. Paralh Authorized Person BKO19284PGO0834 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Les On ,2�, ( � 'Za'� , before me, KAW-Cy�rS 464,N OAc tL _. , (insert nnmc or notary) Notary Public, personally appeared C- 4)0- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signatures) oil the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing }paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) .�.,�—. KAREN S. HORNBACK Notary Public • California Ventura County Commission N 24f3766 My Comm, Expires Aug 24, 2026 BKO19284PGO0835 Exhibit A -- Legal Description Being all of Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 61, 62, 63, 64 and 67 as shown on Plat entitled "Willow Landing" of record in Book of Maps 2022 Pages 1369 through 1372, inclusive, Wake County Regishy.