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HomeMy WebLinkAboutNCC231207_FRO Submitted_20230426 FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail address or phone number is unavailable, place N/A in the blank.) Part A. 1. Project Name Hwy 74 Development 2. Location of land-disturbing activity: County Union City or Township Indian Trail W Hwy 74 35 03'48" 80 38'09" Highway/Street Latitude(decimal degrees) Longltude(decimal degrees) 3. Approximate date land-disturbing activity will commence: 10/15/2022 4. Purpose of development(residential, commercial, industrial, institutional, etc.): Commercial 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 3.10 6. Amount of fee enclosed: $400 . The application fee of$100.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: 8.10-acre application fee is$900). Checks should be addressed to NCDEQ. 7. Has an erosion and sediment control plan been filed? Yes❑ Enclosed ❑x No ❑ 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name Stephen Knudsen E-mail Address stephen.knudsen@durbandevelopment.com Phone: Office# 704-319-8346 Mobile# 9. Landowner(s) of Record (attach accompanied page to list additional owners): Indian Trail PSA, LLC 704-319-8346 Name Phone: Office# Mobile# 106 Foster Ave 106 Foster Ave Current Mailing Address Current Street Address Charlotte NC 28203 Charlotte NC 28203 City State Zip City State Zip 10. Deed Book No. 8442 Page No.0001 Provide a copy of the most current deed. Part B. 1. Company(ies)who are financially responsible for the land-disturbing activity(Provide a comprehensive list of all responsible parties on accompanied page.) If the company is a sole proprietorship or if the landowner(s)is an individual(s), the name(s)of the owner(s)may be listed as the financially responsible party(ies). Indian Trail PSA, LLC stephen.knudsen@durbandevelopment.com Company Name E-mail Address 106 Foster Ave 106 Foster Ave Current Mailing Address Current Street Address Charlotte NC 28203 Charlotte NC 28203 City State Zip City State Zip Phone: Office# 704-319-8346 Mobile# Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form the landowner's signed and dated written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land disturbing activity. 2. (a) If the Financially Responsible Party is a domestic company registered on the NC Secretary of State business registry, give name and street address of the Registered Agent: DBN Durban Management, LLC stephen.knudsen@durbandevelopment.com Name of Registered Agent E-mail Address 106 Foster Ave 106 Foster Ave Current Mailing Address Current Street Address Charlotte NC 28203 Charlotte NC 28203 City State Zip City State Zip Phone: Office# 704-319-8346 Mobile# Stephen Knudsen Name of Individual to Contact(if Registered Agent is a company) (b) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina agent who is registered on the NC Secretary of State business registry: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Name of Individual to Contact(if Registered Agent is a company) (c) If the Financially Responsible Party is engaging in business under an assumed name, give name under which the company is Doing Business As. If the Financially Responsible Party is an individual, General Partnership, or other company not registered and doing business under an assumed name, attach a copy of the Certificate of Assumed Name. Company DBA Name 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(s) 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 Party). I agree to provide corrected information should there be any change in the information provided herein. Glen Cherry Principal / Vivia &v Type or t name Title or Authority 9/26/22 Signature Date I, D_ lQfrw2 -P0 d , a Notary Public of the County of MotectlevavdC State of North Carolina, hereby certify that 6(e4 b• CUew1 appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him/her. Witness my hand and notarial seal, this ?/!) day of sop` 14�''� 20 Z2- D. Ryland Pond NOTARY PUBLIC Notary M6 cklenburg County North Carolina My commission expires 10 �I�' ZOZ My Commission Expires October i4,2025 Continued from Items 9 & 10 in Part A of the Financial Responsibility/Ownership Form for multiple owners. Attach copies of this page as needed to list all landowners. Landowner 2 of Record: Take 5 Carolinas Property Company, LLC 336-207-4985 Name Phone: Office# Mobile# 429 N Sharon Amity, Unit 7D 429 N Sharon Amity, Unit 7D Current Mailing Address Current Street Address Charlotte NC 28211 Charlotte NC 28211 City State Zip City State Zip Deed Book No.8375 Page No. 171 Provide a copy of the most current deed. Landowner 3 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 4 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 5 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Continued from Item 1 in Part B of the Financial Responsibility/Ownership Form for multiple parties. Attach copies of this page as needed to list all financially responsible parties. Company 2 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 3 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 4 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 5 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# FILED UNION COUNTY, NC CRYSTAL D. GILLIARD REGISTER OF DEEDS FILED Mar 31, 2022 AT 03:34 pm BOOK 08442 START PAGE 0001 END PAGE 0003 INSTRUMENT# 12113 Prepared by: EXCISE TAX $1,362.00 Daniel R.Visalli,Esq.,Swindell&Visalli,PLLC JT When recorded,return to Grantee Excise Tax: $1,362.00 Tax Parcel No.: Portion of 07-069-102 Brief Description for Index:Lot 2,Plat Cabinet Q,File 463 STATE OF NORTH CAROLINA NORTH CAROLINA COUNTY OF UNION SPECIAL WARRANTY DEED THIS NORTH CAROLINA SPECIAL WARRANTY DEED is made as of the ag`}" day of March,2022 by GRANTOR: TAKE 5 CAROLINAS PROPERTY COMPANY,LLC a Delaware limited liability company Grantor's Address: 429-D S. Sharon Amity Road Charlotte,NC 28211 to GRANTEE: INDIAN TRAIL PSA,LLC, a North Carolina limited liability company Grantee's Address: 106 Foster Avenue Charlotte,NC 28203 For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does grant, bargain, sell and convey unto Grantee, in fee simple, all of Grantor's right, title and interest in and to that certain real property located in the County of Union, State of North Carolina more particularly described as follows (the "Land"): BEING all of Lot 2 on that plan entitled"Final Plat of: Highway 74 Development Subdivision Plat" prepared by R.B. Pharr& Associates, P.A. and recorded in Plat Cabinet Q,File 463 in the Union County Public Registry. TOGETHER with all buildings and improvements on the Land (jointly, the "Improvements"), and all appurtenances, easements, rights of way, licenses, interests, alleys, strips or gores of land located on or pertaining to the Land (the "Appurtenances")(the Land, the Improvements, and the Appurtenances are collectively referenced herein as the"Real Property"). The Real Property hereinabove described was acquired by Grantor by instrument recorded in Book , Page 11-1 of the Union County Public Registry. All or a portion of the Real Property herein conveyed does not include the primary residence of a Grantor. TO HAVE AND TO HOLD the-aforesaid-Land and-Improvements in-fee-simple,and all privileges and appurtenances thereto belonging,to Grantee. And=the-Grantor-covenants-with-the-Grantee,-that-Grantor-has-done nothing-to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor. This conveyance is SUBJECT TO the following exceptions to title (the "Permitted Exceptions"): 1. Taxes for the year 2022 and subsequent years, not yet due and payable. 2. Zoning Ordinances and other laws applicable to the Real Property; 3. Easements, covenants,restrictions and other matters appearing on the public records which are applicable to the Real Property; and 4. Matters that would appear on a current survey of the Real Property. IN WITNESS WHEREOF, Grantor, by authority duly given, has executed this instrument as of the day and year first above written. GRANTOR: TAKE 5 CAROLINAS PROPERTY COMPANY, LLC,a Delaware limited liability company By: Take 5 Carolinas,LLC, its Sole Member By: 4N,.2e,.,24 e1.. William Mills,Manager STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: William Mills, Manager of Take 5 Carolinas, LLC, a Delaware limited liability company, the sole member of Take 5 Carolinas Property Company,LLC, a Delaware limited liability company. • Date: 3 Q 3—eta a Printed or Typed Name:Do n 1 e• i P- • Vis 1 Notary Public My commission expires: 2-13 - 2-`)L [Official Stamp/Seal] o»`!""'�'"ua,,,, NOTARy�'(- MY COMMISSION EXPIRES ` 2/13/2026 U k A UBL G ,c. ,,��"I, ,,URGCOI"��,. BK 8375 PG 0171 FILED UNION COUNTY, NC CRYSTAL D.GILLIARD REGISTER OF DEEDS FILED Jan 18,2022 AT 11:36 am BOOK 08375 • START PAGE 0171 END PAGE 0174 INSTRUMENT# 02060 EXCISE TAX $2,350.00 PM NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $2,350,00 Parcel Identifier No.07069102 Verified by Union County on the_ day of ,2022 By: Mail/Box to:Grantee This instrument was prepared by:Alexander Rickfl,'LCC,1420 E.T�Street,Suite 100,Charlotte, North Carolina 28204**No title search or opinion rendered by preparer Brief description for the Index:5710 U.S.Hwy 74,Indian Trail,Union County,North Carolina THIS DEED made this day of JanUAn ,2022,by and between: GRANTOR GRANTEE All Niakouei and spouse Zahra Valaie,a Take 5 Carolinas Property Company,LLC, 60%undivided interest as Tenant in Common a Delaware limited liability company and Mehdi N.Shirazl and spouse Laura Mailing Address: Shiraz!,a 40%undivided interest as Tenant In Common 429-D S.Sharon Amity Road Charlotte,North Carolina 28211 Mailing Address: 5710 HWY 74 WEST Indian Trial,NC 28079 $ I 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. II 00274-022/00356063-1 I of 3 BK 8375 PG 0172 • 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,subject to the exceptions and reservations hereinafter provided, all that certain lot or parcel of land situated in or near the City of Indian Trail,Union County, North Carolina,and more particularly described as follows(the"Property"): See Exhibit A Together with all rights,easements and appurtenances thereto, The property herein conveyed does not include the primary residence of a Grantor. 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 exceptions and reservations hereinafter provided. And Grantor warrant and defend the title against the lawful claims of all persons claiming by, through or under Grantor, and none other, subject to: Ad valorem taxes for the current and subsequent years not yet due and payable, any recorded easements, restrictions and other encumbrances of record. [Signature and Acknowledgement on Following Page] 00274-022/CO236063-I 2 of 3 BK 8375 PG 0173 IN WITNESS ,, EREOF,the Grantor has duly executed the foregoing as of the day and year first abAa wr• - a . Ali Niakorg Zahra V la' e di N.Shirazi Laura Shirazi State of Nv a'tt(Cray* County of Li 0110 I certi that-the followin g persons personally appeared before me thisday,each acknowledging to me that he or she signed the foregoing document: All Niakougialliq IY►a,�Valaie. Date: l l! '7ti1.— ,,. ,i,, lO S yl. / Z Notary-Public—V Union -n County n ,Notary Public = My Comm.Exp. • % Notary's Print d or Typed e y 06-10-2023 (Official/Notarial Seal) My commission expires: $ • State of lx . County of I certify that the fo owing person(s)personally appeared before me this day,each acknowledging to me that he or she signed the foregoing document: Mehdi Shirazi and Laura Shirazi. Date: OI 2e12 jc n Autdooh PubilO � UNcklonb e County,NC e. w+ ,Notary Public Commission Exp.April30,2024 Notary's P nb or yped Name /r ! (Official/Notarial Seal) My commission expires: t�.jf NCNW/ 771 1 I 00274-022/00356063-t 3 of 3 BK 8375 PG 0174 EXHIBIT A Legal Description Lying and being situate in Union County,North Carolina,and being more particularly described as follows: Lying and being situate in Union County, North Carolina,and being more particularly described as follows: BEING all of Lots 13, 14, 15,21 and 22 of SUN VALLEY PARK subdivision as shown on the map thereof recorded in Plat Cabinet K at 677 in the Union County Public Registry, 1 i 00274.022/00356063-1 4 of 3 DURBAN GROUP September 16,2022 Re: 5710 W. Highway 74, Indian Trail,NC(the "Property") To Whom It May Concern: The undersigned owns the aforementioned Property located at 5710 W. Highway 74 in Indian Trail, Union County,North Carolina having tax parcel identification number 07069102. The undersigned owner of the Property, on behalf of itself,members/managers and affiliated entities,hereby provides its written consent for Indian Trail PSA, LLC and any of its affiliated entities (including Durban Development, LLC)and their agents (collectively,"Durban"), to act on behalf of the undersigned to file or apply for any permits,approvals and/or general entitlements for development of the aforementioned Property for its intended use, including but not limited to the following: • Submitting a financial responsibility/ownership form(FRO) for the Property; • Authorization for land-disturbing activity on the Property; • Authorization for Durban to maintain erosion control measures throughout all phases of construction until the site is closed out;and/or • Authorization for Durban to provide all adequate measures for any proposed land disturbance. To the extent any additional authorization is required in order for Durban to proceed with obtaining all approvals necessary for development of the Property for the Highway 74 Development(Project ID: UNION-2022-050),the undersigned authorizes same. Take 5 Carolinas Property Company, LLC Signed: Name: l\, A v- /V1, 111 The Durban Group, LLC Charlotte 106 Foster Avenue, Charlotte, NC 28203 Tel: 704-319-8330 / Fax: 704-423-0339 Pittsburgh 5500 Brooktree Road, Suite 303, Wexford, PA 15090 Tel: 724-759-2680 / Fax: 724-759-2725 durbangroup . com