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HomeMy WebLinkAboutNCG060244_Name-Owner Change Supporting Info_20230405 a i Mar l and it inia V y g Milk Producers Cooperative Association i i Date; January 25,2023 Delegation of an Authorized Signatory—Maola High Point 1 t To whom it may concern: This letter serves to designate either a person or specifically described position as an authorized person for signing permit applications, reports, storm water pollution prevention plans, certifications or other information requested by the North Carolina Department of Environmental Quality. The following person or position is hereby authorized to sign reports,plans or certifications,or permit applications: i Jason Thomason,Director of Operations By signing this authorization,I confirm that I meet the following requirements of 40 CFR 122.22. For a corporation. By a responsible corporate officer. For the purpose of this section,a responsible corporate officer means: (i)A president,secretary,treasurer,or vice-president of the corporation in charge of a principal business function,or any other person who performs similar policy-or decision-making functions for the corporation,or (ii)the manager of one or more manufacturing,production, or operating facilities,provided,the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations,and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations;the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements;and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Todd Aarons, xeeutive VP of Operations Jaso ornason,Director of Operations Maryland&Virginia Milk Producers Mafia High Point Cooperative Association,Inc. Date Date BILL OF SALE HARRIS TEETER, LLC, a North Carolina limited liability company ("Seller"), in consideration of Ten and No/100 Dollars ($10.00) and other consideration paid to it by MAOLA HIGH POINT LLC (d/b/a Hunter Farms), a North Carolina limited liability company ('Buyer"), the receipt is which is hereby acknowledged, does hereby grant,sell,transfer and deliver to Buyer the"Furniture,Fixtures and Equipment"and the"Usable Conveying Inventory", as such terms are defined in that certain Asset Sale and Purchase Agreement dated June 23, 2021, by and between Assignor,as"Seller",and Assignee,successor in interest to Maryland and Virginia Milk Producers Cooperative Association,Incorporated, as "Buyer"("the Agreement"). Seller hereby represents and warrants that(1) Seller is the lawful owner and has good and marketable title to the Furniture,Fixtures and Equipment and the Usable Conveying Inventory, (2) the Furniture, Fixtures, and Equipment and the Usable Conveying Inventory are free and clear of all liens and encumbrances, including but not limited to claims by third parties, subject only to taxes, assessments, charges, or levies not yet due and payable, and (3) Seller has good right and full authority to sell the Furniture, Fixtures, and Equipment and the Usable Conveying Inventory, and will warrant and defend the right and title to the same against any and all claims and demands of all persons. Except for the representations and warranties in the preceding paragraph and in the Agreement, all of the Furniture, Fixtures, and Equipment and the Usable Conveying Inventory is being purchased by Buyer and sold by Seller, and is being delivered, in "AS IS, WHERE IS" PHYSICAL CONDITION AS OF THE EFFECTIVE DATE OF THE AGREEMENT,NORMAL WEAR AND TEAR EXCEPTED,"WITH ALL FAULTS", INCLUDING,BUT NOT LIMITED TO, BOTH LATENT AND PATENT DEFECTS, AND BUYER SHALL RELY UPON ITS OWN EXAMINATION THEREOF. OTHER THAN AS SET FORTH EXPRESSLY IN THIS BILL OF SALE AND THE AGREEMENT,NO WARRANTIES,EXPRESS OR IMPLIED,ARE MADE BY SELLER CONCERNING THE FURNITURE, FIXTURES, AND EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBLITY OR FITNESS FOR A PARTICULAR PURPOSE,OR QUALITY. [Remainder of page is blank; signature page follows] SIGNATURE PAGE TO BILL OF SALE IN WITNESS WHEREOF, Seller has caused its corporate name to be hereunto affixed by its duly authorized officers to be effective as of Q 0-bi- 2021. SELLER: HARRIS TEETER,LLC a North C olina limited liability company By, C .c/ Name: Rodney C. Antolock Title: President Book 8503 Page 510 BK: R 8503 PG: 510 -514 NC FEE$26.00 RECORDED: 2021 065557 STATE OF NC 08/31/2021 GUILFORD COUNTY, NC REAL ESTATE 08:09:48 AM JEFF L.THIGPEN DEPUTY-GB REGISTER OF DEEDS EXTX$16270.00 BY:TERESA STEELMAN SPECIAL WARRANTY DEED Excise Tax $ 16,270.00 Parcel Identifier Nos: 189098, 189100, 189107, 189116. The parcels will remain in their current tax parcel configurations. Mail after recording to Lindsay Parris Thompson, Esq., The Van Winkle Law Firm, 11 North Market Street, Asheville,NC 28801 Brief description for the Index: 1914-1916 Montgomery Street, 108 Irbywood Dr, 1900 N. Main St.,and 1910-1912 Irbywood Dr. This instrument prepared by: Lindsay P. Thompson, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. THE STATE OF NORTH CAROLINA ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GUILFORD ) That HARRIS TEETER, LLC, a North Carolina limited liability company, having an address of 701 Crestdale Road, Matthews, North Carolina 28105 ("Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid by MAOLA HIGH POINT LLC, a North Carolina limited liability company ("Grantee"),whose address is 1985 Isaac Newton Square West, Reston, Virginia 20190-5094,the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto Grantee in fee simple the real property described in Exhibit A attached hereto and incorporated herein by this reference, together with all and singular the tenements, hereditaments, rights and appurtenances thereunto belonging or appertaining (the "Property"), subject to the matters appearing on Exhibit B attached hereto and incorporated herein by this reference ("Permitted Exceptions"). THIS PROPERTY DOES NOT INCLUDE GRANTOR'S PRINCIPAL RESIDENCE. TO HAVE AND TO HOLD the property and all privileges and appurtenances thereto belong, unto Grantee, its successors, and assigns, forever, in fee simple, subject to the Permitted Exceptions. submitted electronically by "van winkle Law Firm" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Guilford county Register of Deeds. Book 8503 Page 511 And Grantor covenants with Grantee that Grantor has done nothing to impair such title as Grantor received and that Grantor will warrant and defend the title against the lawful claims of all persons claiming by, and under or through Grantor, except for the Permitted Exceptions. IN WITNESS WHERE F, Grantor has caused this instrument to be executed by its duly authorized officer as of -30 the t°day of August, 2021. GRANTOR: HARRIS TEETER, LLC a North Carolina limizow4tj bility company By: ZMFy C Name: Rodney C. Antolock Title: President State of North Carolina ) ss. County of Mecklenburg ) On this day of August, 2021, before me, the undersigned, a Notary Public in and for said state, personally appeared Rodney C. Antolock, known or identified to me to be the President of Harris Teeter,LLC,and acknowledged to me that he/she executed same on behalf of such limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. S. ++�����rHrrrrrryrr � �.r'� .=oMmisslon'�, fs's.,� atary Public for the State of N. Carolina �G Residing at Me s No. I - My commission expires t2_! t!,o 1.,40 3, t m_ 'OU8L1G s c} [notary seal] '' +�ol,eURG C ,,�•°�a �rhrl NIP INl11N Book 8503 Page 512 EXHIBIT A TRACT 1: Parcel A: BEING all of Lot No. 5 of the S. D. Gibson Jr. Subdivision,a plat of which is duly recorded in the Office of the Register of Deeds for Guilford County,North Carolina, in Plat Book 19 at Page 14, and being the property shown on survey made by William F.Freeman,Engineers, dated 8-10-50. Parcel B: BEING all of Lot#6 of S.D. Gibson,Jr. Subdivision,plat of which is duly recorded in the Office of the Register of Deeds of Guilford County,North Carolina, in Book 19,at Page 14, according to survey prepared by William F. Freeman, Engineer, dated 7-7-50 and designated as Job No. 8831 to which reference is hereby made. Together with an easement for sewer line leading to Irbywood Drive crossing Lot#5 and located approximately 10 feet from the southwest line thereof. Parcel C: BEGINNING at a stake in the east side of North Main Street,which stake is located 120 feet south of the southeast point of intersection of North Main and Irbywood Drive,which stake also marks the southwest corner of Lot#23 of the S. D. Gibson, Jr.property, map of which is recorded in Plat Book 13,at Page 100 in the Office of the Register of Deeds of Guilford County,North Carolina;thence along the east side of North Main Street South 23 degrees 15 minutes East 480 feet to a stake in the east side of North Main Street, which stake is located 300 feet north of the northeast corner of the intersection of North Main and Hammer Streets, the same being the northwest corner of Lot#16 of the S.D. Gibson,Jr.property, and running thence along the north line of Lot Nos. 16, 17, 18 and 22 North 66 degrees 45 minutes east 450 feet to a stake in the West side of Montgomery Place,the northeast corner of Lot#22; thence along the west side of Montgomery Place North 23 degrees 15 minutes West of 480 feet to a stake in the west side of Montgomery Place,the southeast corner of Lot#28;thence along the south line of Lot Nos. 28,27,26,25 and 23 of the S. D. Gibson,Jr.property South 66 degrees 45 minutes West 450 feet to the point and place of BEGINNING. The same being an unnumbered lot shown on the S. D. Gibson,Jr. subdivision map of which is recorded in Plat Book 13, Page 100, in the Office of the Register of Deeds of Guilford County,North Carolina,and also being the property of S. D. Gibson,Jr., High Point,North Carolina,as shown by a survey made by William F. Freeman, Engineer, High Point Carolina, June 4, 1949, revised June 9, 1949. Job No. 7989. TRACT 2: BEING all of New Lot`B"containing approximately 3.136 acres as shown on plat entitled "Property of Lyles Holdings, Inc. and Harris Teeter, Inc."on Montgomery Street as recorded in Plat Book 176 at Page 52-53 in the Office of the Register of Deeds of Guilford County, North Carolina. Book 8503 Page 513 TRACT 3: BEING all of Lot No.4 of the S. D. Gibson,Jr. Subdivision,map of which is recorded in Plat Book 19,Page 14 in the Office of the Register of Deeds of Guilford County,North Carolina. TRACT 4: BEING all of New Lot"A"as shown on a plat entitled"Property of Lyles Holdings, Inc. and Harris Teeter,Inc."on Montgomery Street as recorded in Plat Book 176 at Page 52-53 in the office of the Register of Deeds of Guildford County,North Carolina. The following_property is conveyed without warranty,express or implied,as to title: Being all of that property acquired by Harris Teeter by virtue of the closure of a portion of Montgomery Street as described in That Resolution by the City Council of the City of Highpoint which Resolution is recorded in Book R 6964,page 1746 of the Guilford County Registry and for which a further map of the area so closed is recorded in that Exclusion Plat recorded in Book 176,page 52-53 of the Guilford County Registry. Said property together with Parcel C of Tract 1 aboveabove being also shown as New Lot "C"on that Exclusion Plat recorded in Book 176, page 52-53 of the Guilford County Registry. Book 8503 Page 514 EXHIBIT B Permitted Exceptions 1, The lien of all taxes for the year 2021 and thereafter, which are not yet due and payable.. 2. Declaration of covenants, conditions, restrictions, and easements recorded in Book 1336, Page 585 and Book 2157, Page 179 and any amendments and/or supplements thereto. 3. Building restriction lines, easements, and any other matters shown on map or plat recorded in Plat Book 176, Page 52 and 53; Plat Book 13, Page 12; Plat Book 13, Page 100 and Plat Book 19, Page 14, 4. Easement(s) or right(s)-of-way in favor of State Highway Commission recorded in Book 2235, Page 51. 5. Easement(s) or right(s)-of-way in favor of City of High Point recorded in Book 2010, Pam. 6. Sewer Line Easement recorded in Book 1688, Page 600 and Book 3802, Page 455. 7. Utility Easement retained in That Resolution by the City Council of the City of Highpoint recorded in Book 6964 Page 1746. 8. Rights or claims of Duke Power Company in possession as tenant under an unrecorded lease, a Memorandum or Short Form evidencing same being recorded in Book 1749, Page 39. 9, Title to that portion of the Land within the bounds of North Main Street, Irbywood Drive and Montgomery Street. 10. Easement(s) or rights)-of-way in favor of Duke Power Company recorded in Book 7830, Page 2140. 11. Resolution of Street Abandonment recorded in Book 6964, Page 1746. 12. Declaration of Reciprocal Easements recorded in Book 7008 Page 629. 13. Easement Deed recorded in Book 7570. Page 1711. 14. Declaration of Withdrawal recorded in Book 6944, Page 300 and as shown on Plat Book 13, Page 100 and Plat Book 19, Page 14. 15. Johnson Street School Outfall Right of Way Deed recorded in Book 2895. Page 579. 16. Building restriction lines, easements, and any other matters shown on map or plat recorded in Plat Book 19, Page 14; Plat Book 13. Page 100; Plat Book 13. Page 12. 23. Right, title, and interest of the North Carolina Department of Transportation (or other public governmental entity) in and to the legally enforceable right of way(s) of any roads or highways together with rights, easements, and limitations appurtenant thereto. OUTFALLS AND POTENTIAL POLLUTANTS OUTFALL SIC CODE POTENTIAL CONTAMINANT DISCUSSION SECTOR Outfa11001 7.38 acres/321,325 sq. ft. Dry Raw Materials(milk powder, Rupture of containers during loading flavorings,additives) and unloading. Exhausted material Lat: 35.980282 from vents to the roof. Lon: -80.021437 Milk Products Spills and leaks from silos Concrete storm water drainage pipe headwall that discharges from the east side of Montgomery St.adjacent to the wastewater Ammonia Leak or rupture of refrigeration units. treatment building into an unnamed intermittent stream branch located on owned property. This branch flows easterly Sanitation chemicals Spills or leaks during transfer approximately 300 ft. and intersects a second unnamed stream branch located alongthe eastern undeveloped portion of the site, SIC Code p p 2026 Wastewater Overflow from equalization tank that flowing northerly approximately 185 ft.to a headwall located in the overflows containment south right of way of Irbywood Dr. Flow continues northerly in a storm sewer approximately 1,450 ft.into an unnamed branch Debris from trash compactor Spills during handling or removal. located north of E.Parris Ave. The unnamed branch flows northeasterly approximately 1850 ft.into an unidentified surface pond located along the southeastern right of way of Johnson St. Discharge from this pond flows northeasterly approximately 1850 ft. into the southern fork of Oak Hollow Lake. Oak Hollow Lake is located on the West Fork of Deep River. This segment is classified at WS-IV CA;AL rating I;REC rating NR*; Stressors: fecal coliform,source MS4 NPDES Outfa11002 Milk Products Rupture of containers during loading 0.98 acres/42,570 sq. ft. and unloading or staging. Lat: 35.980768 Ammonia Leak or rupture of refrigeration units. Lon: -80.019936 SIC Codes Discharges by overland flow from the paved parking and drives 2026 Spillage during truck loading orcontainer leak. areas on the west side of the facility and into the High Point stormwater collection system by curb inlet on the eastern side of Fuels,Oil&Lubes Vehicle fuel and lubricant leaks from North Main St. parking areas OUTFALLS AND POTENTIAL POLLUTANTS OUTFALL SIC CODE POTENTIAL CONTAMINANT DISCUSSION SECTOR Outfa11003 Milk Products Rupture of containers during loading 2.39 acres/ 104,223 sq. and unloading or staging. ft. Lat: 35.980158 Ammonia Leak or rupture of refrigeration units. Lon: -80.018892 SIC Codes 2026 Spillage during truck loading or Discharges through curb cuts into an unnamed intermittent stream container leak. branch located on owned property. This branch flows northerly and intersects a unnamed stream branch containing discharge from Fuels,Oil&Lubes Vehicle fuel and lubricant leaks from Outfall 001. parking areas N LW N Z � � 0 N a_ u� LL LL = Z z F_ OCONCRETE < z O EMPLOYEE Ow PARKING 0 00 Q O Z w = 0 o PROPERTY LINE NON-INDUSTRIAL OUTFACE r u § 3p 1 _ PROPERTV 002 � o I oocK I s< � \ siow.c CONCRETE \ FREEZER C.Tj J Lx OUTFACE III iPARKING ❑ E \ —X� / / I � �7 \ OUTFALL 001 dUTFALL 002 /' 7.38 ACRES ------- 4.98 ACRES POLY wx eum / 21,325 SQ FT ai a°ate° // N Qa.�aER oP N I \ uneE NON-IN STRIAE / N a PROPE / \ wEa wAaExo sE / O / v *— O�"— ------- —————— O O CONCRETE O ^ TRAILER `o) PAWING / m I O O / 0 O w�xRoa, !I a I OUTFALL 003 / 2.39 ACRES OUTFALL / I / 104,223 SO FT 003 I NG y uaee ALL CURB CUTS / d c°oL[x I o—---------—------ ------------- / PROPERTY LINE — — — — — — — — — — — — — — , GUARD / I / U /PROPERTYUNE BUILDING WALL U- STRIP CENTERa F 17 / = c�� / o F- / �� U N / �Z Z w o / .1p BUILDING WALL U / �� y,n^�O STRIP CENTER F Vl Z w H > LU F 0 /. / 0 IZ � o OUTFALLS a / OUTFALL 001 LAT 35.980282 LON 80.021437 W OUTFALL 002 LAT 35.980768 LON 80.019936 / U OUTFALL 003 LAT 35.980158 LON 80.018892 / w �wwrn a Z w EAST DAYTON AVENUE 0. 100' 200' Z 0 Q=N Lj APPROXIMATE SCALE ()ZOO, w��m