HomeMy WebLinkAboutNCC232698_FRO Submitted_20230922 Check if this project is ARPA-funded ❑
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, including any
activity under a common plan of development of this size as covered by the NCG01 permit, 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 Middle Creek Greenway
*If this project involves American Rescue Plan Act (ARPA) funds, list the Project Name below
under which you applied for funding through the Division of Water Infrastructure (DWI).
2. Location of land-disturbing activity: County Wake City or Township Apex
Sunset Lake Rd 35.681393 -78.8254
Highway/Street Latltude(decimaldegrees) Long itude(decimal degrees)
3. Approximate date land-disturbing activity will commence: Sept 2023
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Greenway construction
5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 1 '55
6. Amount of fee enclosed: $200 . 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 ❑x Enclosed ❑ No ❑
8. Person to contact should erosion and sediment control issues arise during land-disturbing activity:
Name Angela Reincke E-mail Address angela.reincke@apexnc.org
Phone: Office# 919.372.7468 Mobile#
9. Landowner(s) of Record (attach accompanied page to list additional owners):
Sunset Hills Homeowners Association
Name Phone: Office# Mobile#
5601 Executive Center Dr Ste 201
Current Mailing Address Current Street Address
Charlotte, NC 2812-8841
City State Zip City State Zip
10. Deed Book No. 1 0032 Page No. 1 809 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 paity(ies).
Town of Apex craig.setzer@apexnc.org
Company Name E-mail Address
73 Hunter Street
Current Mailing Address Current Street Address
Apex, NC 27502
City State Zip City State Zip
Phone: Office# 919.249.3511 Mobile#
Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form the landowners 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
The Town has legal public greenway easements for the entirety of the project.
Agent
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)
(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)
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:
Triangle Greenways Council
Name Phone: Office# Mobile#
520 Polk St
Current Mailing Address Current Street Address
Raleigh, NC 27604-1960
City State Zip City State Zip
Deed Book No. 15545 page No. 1140 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.
(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.
Type or print name Title or Authority
427 -GZ3
Signature Date
I, AshkN , a Notary Public of the County of NAP---C.,
State of North Carolina, hereby certify that `,f to vVv r to Y\') S 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 3C-f:4-0hr11,(4 ; 20 a
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Bit0100-32PGO- 8-0-9
RAKE COUNTY, NC 246
LAURA N RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
04/08/2003 AT 10:44:35
800K:010032 PAGE:01809 - 01812
ElttGll '7 •.'C
Prepared by and return to:
Anthony R.Devm P.I.N.No.0750221956
Hyatt&Stubblefield,P.C.
225 Peachtree Street,N.B.,Suite 1200
Atlanta,Georgia 30303
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED ("Deed") is made and entered into as of the
date set forth below,by and between D.R.Horton,Inc.,a Delaware corporation,("Grantor")and
SUNSET HILLS HOMEOWNERS' ASSOCIATION, a North Carolina nonprofit corporation,
("Grantee")located at 3949 Browning Place,Raleigh,North Carolina 27609;
WITNESSETH
That for and in consideration of the sum of Ten($10.00)Dollars and other valuable
consideration, the receipt and sufficiency whereof are hereby acknowledged, Grantor does
hereby grant,bargain,sell,convey,assign,transfer,and set over unto Grantee and the successors
and assigns of Grantee all of the following described land and interests in land, estates,
easements, rights, improvements, property, fixtures, equipment, furniture, furnishings,
appliances,and appurtenances.
All that tract or parcel of land located in White Oak Township,Wake County,North
Carolina,being more particularly described on Exhibit"A,"attached hereto and by this reference
made a part hereof("Property");and all structures,and other improvements now and hereafter
located on the Property;and all easements,rights-of-way,strips and gores of land,vaults,streets,
ways,passages,sewer rights,water,water courses,water rights and powers,minerals,trees,
timber,and other emblements now or hereafter located on the Property or under or above the
same or any part or parcel thereof,and all estates,rights,titles,interests,privileges,liberties,
tenements,hereditaments,and appurtenances,reversion and reversions,remainder and
remainders,whatsoever,in any way belonging,relating,or appertaining to the Property,subject
to those matters set forth on Exhibit"B"attached hereto and by this reference incorporated
herein("Permitted Title Exceptions").
BK0101332 PG01810
TO HAVE AND TO HOLD the Property and all parts, rights, members, and
appurtenances thereof,to the use,benefit, and behoof of Grantee and the successors and assigns
of Grantee,IN FEE SIMPLE,forever. Subject to the Permitted Title Exceptions, Grantor does
warrant and will forever defend the title to the Property against the claims of all persons
whomsoever claiming by,through,or under Grantor.
IN WITNESS WHEREOF, Grantor has caused this Deed to be signed, scaled, and
delivered the date first above written.
IN WITNESS WHEREOF, the Declarant herein, hereby executes this instrument
under seal by and through the duly authorized corporate this Z6 day of - ,
2003.
DECLARANT: D.R.HORTON,INC.
1
By: !jli`.
St lib
r h,Vice President
NORTH CAROLINA )
WAKE COUNTY )
I, Stephanie L. Ware. Notary Public, certify that Stephen D. Leach personally came
before me this day and acknowledged that he is Vice President of D.R. Horton, Inc., a
corporation, and that he as Vice President,being authorized to do so,executed the foregoing on
behalf of the corporation.
Witness my hand and official seal this .,?2f day ofQ// c..., ,2003.
(Official Seal)
g
Notary Public
My Commission Expires:
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EXHIBIT"A"
Legal Description
ALL THAT TRACT OR PARCEL OF LAND lying and being in White Oak Township,
Wake County,North Carolina,and being more particularly described as follows:
BEGINNING at the southeast corner of the Private Open Space shown on the final plat of
Sunset Hills Subdivision,Phase 1, Section 1,recorded in the office of the Register of Deeds of
Wake County,North Carolina,in Map Book 1997, Page 1103,said point being on the existing
75-foot right-of-way of Sunset Lake Road,proceeding along the eastern boundary of said Private
Open Space N14°50'35"E a distance of 8.65 feet;thence N06°40'16"E a distance of 146.65 feet
to a point; thence N19°02'46"W a distance of 342,69 feet to a point; thence NO2°38'50"E a
distance of 235.73 feet to a point;thence N7°53'l5"E a distance of 309.17 feet to a point;thence
N35°10'25"W a distance of 345.61 feet to a point;thence N48°17'21"E a distance of 38.74 feet to
a point; thence S41°42'39"E a distance of 164.94 feet to a point;thence S35°55'43"E a distance
of 452.91 feet to a point; thence S32°23'21"W a distance of 61.99 feet to a point; thence
S22°11'28"E a distance of 79.03 feet to a point;thence S 12°40'03"W a distance of 45.37 feet to a
point;thence S19°18'43"E a distance of 38.29 feet to a point; S36°28'08"W a distance of 68.48
feet to a point; thence S00°47'09"W a distance of 65.96 feet to a point; thence S33°28'20"E a
distance of 57.40 feet to a point;thence S13°03'06"W a distance of 168.22 feet to a point;thence
S24°12'20"E a distance of 48.53 feet to a point;thence S03°10'25"W a distance of 196.06 feet to
a point;thence S 16°12'29"W a distance of 58.33 feet to a point;thence S10°33'07"E a distance of
44.45 feet to a point; thence S22°49'47"W a distance of 20.86 feet to a point; thence
N70°54'40"W a distance of 62.87 feet to a point; thence N71°12'22"W a distance of 113.32 feet
to a point; thence N14°50'35"E a distance of 15.04 feet to the POINT OF BEGINNING, such
parcel containing 5.81 acres, as shown on that certain plat of survey prepared for D.R. Horton,
Inc. by Priest, Craven& Associates under the professional seal of Jane E. Hoyle, PLS No. L-
2462,dated March 12,2003,reference to which is hereby made for a more particular description.
BKO16-032PG81812 -
Laura t Riddick
Reptster of Deads
Wake Gouunty, ppNL II II
IIIIIII'1111III11IIIitIII IIIIIIIIIIIg'11111IIIII1IIIIIIIII
Book : 010033E Page : 01889 - 01812
Yellow probate sheet is a vital part of your recorded document.
Please retain with original document and submit for rerecording.
WWI
Wake County Register of Deeds
WAKE Laura M. Riddick
COUNTY Register of Deeds
NORTH CAROLINA
North Carolina-Wake County
The foregoing certificate_ of
S4CtniL t \ I4&
Notary(ies)Public is (are) certified to be correct. This instrument
and this certificate are duly registered at the date and time and in the book and
page shown on the first page hereof.
Laurat,Riddick,Register of D et K-
By: A4C jtd C..
Assistant/Deputy
This Customer Group This Document
# of Time Stamps Needed J#New Time Stamp
of Pages
BK015545PG01140
WAKE COUNTY, NC 222
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED & RECORDED ON
1.2/30/2013 AT 13:22:36
B00K:015545 PAGE:01140 - 01143
Excise Tax: $ -0 -
Parcel No.: "Out of" 0750.03-14-9493
Account No.: "Out of" 0005557
After recording return to:
This instrument was prepared by: Barry D. Mann of Manning,Fulton&Skinner,P.A.
(WITHOUT TITLE EXAMINATION)
Brief description for the Index: 14.0008 acres, White Oak Township
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED is made as of the day of December,2013, by and between
GRANTOR GRANTEE
HSA PROPERTIES LLC, TRIANGLE GREENWAYS COUNCIL,
a North Carolina limited liability company a North Carolina non-profit corporation
1401 Sunday Drive, Suite 1 1 3 520 Polk Street
Raleigh,North Carolina 27607 Raleigh,North Carolina 27604
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 near the Town of Holly
Springs, White Oak Township, Wake County,North Carolina and more particularly described as
follows (the "Property"):
See Exhibit A attached hereto and incorporated herein by reference,
775357.E DM.MISBDM,00015
BK015545PG01141
The property hereinabove described was acquired by Grantor by instruments recorded in Book
10611,Page 223, Wake County Registry.
TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And Grantor covenants with 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,except for the exceptions hereinafter stated.
Title to the Property hereinabove described is subject to the following exceptions:
Covenants,restrictions,easements,rights-of-way and riparian rights of record affecting
said Property and ad valorem taxes subsequent to 2013.
THE PROPERTY HEREIN CONVEYED DOES NOT INCLUDE THE PRIMARY RESIDENCE
OF GRANTOR.
IN WITNESS WHEREOF,the Grantor has caused this instrument to be duly executed and delivered.
HSA PROPERTIES LLC,
a North Carolina limited liability company
By: __,. -'''
William T. arker,Jr.,Manager
STATE OF NORTH CAROLINA
COUNTY OF \h/M e
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 T. Barker,Jr.
Date: December 30 `, 2013 Notary Public: p r TAA-40-4---
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BK015545PG01142
EXHIBIT A
COMMENCING AT A POINT LOCATED ON THE NORTHERN RIGHT-OF-WAY LINE OF
SUNSET LAKE ROAD AND ALSO BEING THE SOUTHWESTERN PROPERTY CORNER OF
TRACT 2 AS SHOWN IN BOOK OF MAPS 1994, PAGE 161, WAKE COUNTY REGISTRY;
THENCE LEAVING SAID RIGHT-OF-WAY ALONG AND WITH SAID WES FERN
PROPERTY LINE NORTH 04°05'15"EAST A DISTANCE OF 347.11 FEET TO A POINT,THE
SOUTHEASTERN PROPERTY CORNER OF A PORTION OF THE NEW PROPOSED NCDOT
HIGHWAY RIGHT-OF-WAY(PROJECT#6.401078)AS DESCRIBED IN DEED BOOK 9180,
PAGE 13, WAKE COUNTY REGISTRY; THENCE ALONG AND WITH SAID PROPOSED
RIGHT-OF-WAY NORTH 04°05'15" EAST A DISTANCE OF 361.00 FEET TO A POINT;
THENCE NORTH 04°50'16" EAST A DISTANCE OF 372.87 FEET TO THE POINT OF
BEGINNING; THENCE ALONG THE NORTHERN RIGHT-OF-WAY OF SAID NCDOT
HIGHWAY RIGHT-OF-WAY NORTH 32'30'32" WEST A DISTANCE OF 286.22 FEET TO A
POINT; THENCE NORTH 40°26'56" WEST A DISTANCE OF 662.31 FEET; THENCE
LEAVING SAID RIGHT-OF-WAY NORTH 07°09'17"EAST A DISTANCE OF 917.84 FEET TO
A POINT LOCA FED ON THE SOUTHERNMOST PROPERTY LINE OF TRACT 2 AS SHOWN
IN BOOK OF MAPS 1998 PAGE 2005,WAKE COUNTY REGISTRY;THENCE ALONG AND
WITH SAID SOUTHERN PROPERTY LINE SOUTH 86°11'13"EAST A DISTANCE OF 277.74
FEET TO A POINT,THE NORTHWES FERN PROPERTY CORNER OF TRACT 1 AS SHOWN
IN BOOK OF MAPS 1994,PAGE 161,WAKE COUNTY REGISTRY;THENCE ALONG AND
WITH SAID WES FERN PROPERTY REFERENCE LINE (THE CENTERLINE OF MIDDLE
CREEK IS THE ACTUAL PROPERTY LINE)SOUTH 09°24'55"WEST A DISTANCE OF 143.63
FEET TO A POINT;THENCE SOUTH 83°34'34"WEST A DISTANCE OF 61.37 FEET TO TO A
POINT; THENCE SOUTH 33°41'50" WEST A DISTANCE OF 47.06 FEET TO A POINT;
THENCE SOUTH 76°02'48" WEST A DISTANCE OF 42.44 FEET TO A POINT; THENCE
SOUTH 11°12'39" EAST A DISTANCE OF 79.46 FEET TO A POINT; THENCE SOUTH
88°08'54"EAST A DISTANCE OF 40.42 FEET TO A POINT;THENCE SOUTH 18°24'23"EAST
A DISTANCE OF 55.95 FEET TO A POINT;THENCE NORTH 41°21'04"EAST A DISTANCE
OF 65.24 FEET TO A POINT; THENCE SOUTH 04°21'22" WEST A DISTANCE OF 129.49
FEET TO A POINT; THENCE NORTH 79°32'04" WEST A DISTANCE OF 56.86 FEET TO A
POINT; THENCE SOUTH 02°29'48" EAST A DISTANCE OF 30.63 FEET TO A POINT;
THENCE SOUTH 77°34'18" EAST A DISTANCE OF 11.00 FEET TO A POINT; THENCE
SOUTH 77°34'18" EAST A DISTANCE OF 379.50 FEET TO A POINT; THENCE SOUTH
04°25'42" WEST A DISTANCE OF 742.31 FEET TO A POINT; THENCE SOUTH 04°50'16"
WEST A DISTANCE OF 384.13 FEET TO THE POINT OF BEGINNING,CONTAINING 14.0008
ACRES, MORE OR LESS, ALL AS SHOWN ON THAT MAP ENTITLED "EXEMPT PLAT
PROPERTY OF HSA PROPER PIES LLC",DATED DECEMBER 17,2013 AND PREPARED BY
BASS,NIXON&KENNEDY, INC., CONSULTING ENGINEERS.
775357.BDM.M]SBDM.00015
BK015545PG01143
111111111111111
DM. B00K:015545 PAGE:01140 - 01143
01011....11.11111114
01111.111.11%*+.
WAKE
COUNTY
NORTH CA ROLI NA
Please retain yellow trailer page
It is part of the recorded document and must be submitted with the original for re-
recording.
Laura M. Riddick
Register of Deeds
Wake County Justice Center
300 South Salisbury Street, Suite 1700
Raleigh, NC 27601
❑ New Time Stamp ❑ $25 Non-Standard Fee
Additional Document Fee ❑ Additional Reference Fee
This Customer Group This D cument
# of Time Stamps Needed #of Pages
EL