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HomeMy WebLinkAboutNCC240496_FRO Submitted_20240222 PLAN REVIEW/FINANCIAL RESPONSIBILITY/OWNERSHIP FORM CATAWBA COUNTY CODE OF ORDINANCES, CHAPTER 16 ARTICLE V SOIL EROSION AND SEDIMENTATION CONTROL No person may initiate any land-disturbing activity on one or more acres as covered by the Ordinance before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Catawba County Utilities and Engineering Department. (Please type or print, and if question is not applicable,please N/A in the blank) PART A 1. Job Name Shannon Woods-Phases 2-4 2. PIN or 911 Address 369605090747,368608997482,368704800340,369717001165,368704906578 3. Purpose of development(residential, commercial, industrial, institutional,etc.)1 Residential 4. Approximate soil disturbance date February,2024 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas) 1190 6. Has an erosion and sedimentation control been filed? ' Yes --- No a- Attached 7. If you have an Erosion Control billing account,would you like this to be billed? r Yes I No Account Number PEOPLE 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity Name Jon Haston E-mail address jon.haston@lennar.com Telephone 704-759-6000 Cell# 980-395-5632 Fax# 9. Landowner(s) of Record(attach accompanied page to list additional owners) Name 'Kt,LB Buy 1, LLC c/o Lennar Carolirb Telephone 704-759-6000 Fax# Current Mailing Address 6701 Carmel Road,Suite 425 City Charlotte State I NC Zip 28226 Current Street Address City State Zip 10. Deed Book No. 3851 Page No. 570 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 attached sheet): Name Lennar(Contact:Jon Haston) E-mail address ljon.haston@lennar.com Current Mailing Address 6701 Carmel Road,Suite 425 City Charlotte State NC Zip 28226 Current Street Address I 6701 Carmel Road,Suite 425 City Charlotte State INC Zip 28226 Telephone 704-759-6000 Fax# 980-395-5632 2. (a) If the financially responsible party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: Name E-mail address Current Mailing Address City I State Zip Current Street Address City State Zip Telephone Fax# 2. (b) If the financially responsible party is a Partnership or other person engaging in business under 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 E-mail address Current Mailing Address City State Zip Current Street Address City State Zip Telephone Fax# 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. Mark Henninger Division President Type or,. ' .-�". Title of A thority l 301241 Signature Date I, Pi eAls,SCl �!`1 r�S , a Notary Public of the County of - ti rus State of North Carolina,hereby certify that H ar He,y\C11 appeared personally before me this day and being duly sworn acknowledge that the above form was execute by him. Witness my hand and notary seal,this 'J I`�" day of Jc r\tt 4 Seal MELISA CUMMINS Notary _... NOTARY PUBLIC My Commission expires Jute i-a-o2.<` Cabanas County North Carolina Print Form My Commission Expires July 4,2028 3851-0570 FILED ELECTRONICALLY CATAWBA COUNTY NC DONNA HICKS SPENCER FILED Jan 18, 2024 AT 01:22:00 PM BOOK 03851 START PAGE 0570 END PAGE 0576 INSTRUMENT # 00923 EXCISE TAX $14,288.00 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $14,288.00 REID/Parcel ID No.: 0014965/3687-048-00340 This instrument was prepared b : St.Amand&Efird,PLLC,3315 Springbank Lane, Suite 308, Charlotte,North Carolina 28226(JSE). Delinquent taxes,if any,to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. After recording return to: Grantee Brief description for the Index: Shannon Woods-Phases 2-4(243.737 ac) Catawba County,Maiden,North Carolina THIS DEED is made this 17th day of January,2024,by and between GRANTOR GRANTEE SHANNON WOODS PARTNERS,LLC, ) KL LB BUY 1 LLC, a Georgia limited liability company j a Delaware limited liability company Address: Address: 3840 Windermere Parkway, Suite 402 d o KL Servicers,LLC Cumming,Georgia 30041 6900 E. Camelback Road,Suite 1090 Scottsdale,Arizona 85251 Attn: Tricia Patton Address for Tax Notices: c/o Lennar Carolinas,LLC 6701 Carmel Road, Suite 425 Charlotte,North Carolina 28226 Attn: Mark Henniner,Vice President For valuable consideration from Grantee to Grantor,the receipt and sufficiency of which is hereby acknowledged,Grantor hereby gives,grants,bargains,sells and conveys unto Grantee in fee simple,subject to the Exceptions hereinafter provided, if any, the property located in Catawba County, North Carolina, more particularly described as follows(the"Property"): submitted electronically by "st. Amand & Efird PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Catawba County Register of Deeds. 3851-0571 The Property is described on Exhibit"A"attached hereto and incorporated herein. The Property having been previously conveyed to Grantor by the following instruments recorded in the Catawba County Public Registry: • Book 1018,Page 823 • Book 1253,Page 949 • Book 1253,Page 951 • Book 1345,Page 105 • Book 1632,Page 940 • Book 1708,Page 591 • Book 2730,Page 162 • Book 3623,Page 1223 • Book 3752,Page 165 • Book 3768,Page 1429 All or a portion of the Property herein conveyed does not include the primary residence of Grantor. TO HAVE AND TO HOLD unto Grantee, together with all privileges and appurtenances thereunto belonging,in fee simple,subject only to exceptions set forth on Exhibit"B"attached hereto and incorporated herein. Grantor hereby warrants that Grantor is seized of the Property in fee simple and has the right to convey same in fee simple, subject only to the Exceptions hereinabove defined, if any; that title is marketable and is free and clear of encumbrances other than the Exceptions defined herein;and that Grantor will forever warrant and defend the title against the lawful claims of all persons or entities claiming by, under,or through Grantor,but not otherwise. All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and assigns,and shall include the singular,plural,masculine, feminine or neuter as required by context. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] -2- 13465709v2 3851-0572 IN WITNESS WHEREOF,Grantor has duly executed the foregoing under seal as of the day and year first above written. GRANTOR: SHANNON WOODS PAR ►. RS,LLC, a Georgia limi •• coin 1 latO By: a. 4.- 0.7.I11114 (SEAL) Dou=s W. Co ;� r.,Manager STATE OF C--eD, COUNTY OF ` o ,1 t I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document: Douglas W.Cotter,Jr. Date: 41 /f Z/Zo 2-p-f Notary Public [affix notarial stamp below] J e f SSkr+t- vol►umwrKi Notary's Printed or Name rpr p�1,lE Silj' ao\ ►��OTA$'w's' 4 I t L My Commission Expires: 67 (a s(707-7 !lidA5 ,27 rS 'rrrr,0m,„„fl,st"oo -3- 13465709v2 3851-0573 Exhibit"A" Legal Description of the Property THAT 243.737 ACRE PARCEL OF LAND CONVEYED TO SHANNON WOODS PARTNERS, LLC, A GEORGIA LIMITED LIABILITY COMPANY BY DEEDS RECORDED IN DEED BOOK 03623, PAGES 1203-1218,DEED BOOK 03623,PAGES 1219-1222,DEED BOOK 03623,PAGES 1223-1228, DEED BOOK 03623,PAGES 1229-1231,DEED BOOK 03623,PAGES 1232-1237,DEED BOOK 03623, PAGES 1238-1239,DEED BOOK 03623,PAGES 1240-1243,DEED BOOK 03623,PAGES 1244-1247, DEED BOOK 03623,PAGES 1252-1255,DEED BOOK 03623,PAGES 1256-1259,AND DEED BOOK 03632, PAGES 1639-1642 OF THE CATAWBA COUNTY PUBLIC REGISTRY, SITUATED IN MOUNTAIN CREEK TOWNSHIP,CATAWBA COUNTY,NORTH CAROLINA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1/2" IRON PIPE, SAID IRON PIPE HAVING NORTH CAROLINA STATE PLANE GRID COORDINAI'ES (NAD83) OF N: 667,476.83, E: 1,386,318.12; THENCE N41°57'10"E A DISTANCE OF 1,067.73 FEET TO A FOUND 1 1/2" IRON PIPE, SAID IRON PIPE BEING ON THE LINE OF JERRY L.HICKS AND CAROLYN D.HICKS(DEED BOOK 2105-697 OF THE CATAWBA COUNTY PUBLIC REGISTRY),SAID IRON PIPE ALSO BEING THE POINT AND PLACE OF BEGINNING; THENCE ALONG THE LINE OF HICKS THE FOLLOWING TWO (2) CALLS: (1) N35°03'37"W A DISTANCE OF 115.47 FEET TO A FOUND 1/2" IRON PIPE; (2) N37°16'36"W, PASSING THROUGH A FOUND #4 REBAR AT 328.53 FEET FOR A TOTAL DISTANCE OF 1,219.17 FEET TO A FOUND STONE, SAID STONE BEING ON THE LINE OF JONATHAN E. FOS TER AND MARCIE H. FOSTER (DEED BOOK 3793-229 OF SAID PUBLIC REGISTRY); THENCE LEAVING THE LINE OF HICKS AND CONTINUING ALONG THE LINE OF FOSTER N 03°40'02"E,PASSING THROUGH A FOUND#5 CAPPED REBAR AT 373.95 FEET FOR A TOTAL DISTANCE OF 386.29 FEET TO A COMPUTED POINT IN ANDERSON CREEK;THENCE LEAVING THE LINE OF FOSTER AND RUNNING ALONG THE MEANDERS OF ANDERSON CREEK THE FOLLOWING FIVE (5) CALLS: (1)N26°50'28"E A DISTANCE OF 94.63 FEET TO A COMPUTED POINT; (2)N49°29'36"E A DISTANCE OF 72.02 FEET TO A COMPUTED POINT; (3) S79°16'46"E A DISTANCE OF 35.42 FEET TO A COMPUTED POINT;(4)N43°18'32"E A DISTANCE OF 37.30 FEET TO A COMPUTED POINT; (5)N 06°45'52" W A DISTANCE OF 39.67 FEET TO A COMPU 1'ED PONT, SAID POINT BEING AT THE INTERSECTION OF A BRANCH; THENCE LEAVING ANDERSON CREEK AND WITHIN SAID BRANCH N49°22'07"W A DISTANCE OF 81.51 FEET TO A COMPUTED POINT,SAID COMPUTED POINT BEING ON THE LINE OF WILLENE C. LITTLE AND THOMAS JEFFERY LITTLE(DEED BOOK 3111-1558 OF SAID PUBLIC REGISTRY); THENCE LEAVING SAID BRANCH AND ALONG THE LINE OF LI ITLE THE FOLLOWING FOUR (4) CALLS: (1)N47°27'43"E, PASSING THROUGH A FOUND #5 CAPPED REBAR AT 19.95 FEET FOR A TOTAL DISTANCE OF 555.10 FEET TO A FOUND STONE; (2) N29°15'00"E, PASSING THROUGH A FOUND#4 REBAR AT 799.70 FEET FOR A TOTAL DISTANCE OF 1,794.94 FEET TO A FOUND STONE; (3) N26°16'55"E A DISTANCE OF 315.71 FEET TO A FOUND 2" IRON PIPE WITH A NAIL AT BASE; (4) S82°47'40"E A DISTANCE OF 2,305.28 FEET TO A FOUND STONE, SAID STONE BEING ON THE LINE OF CROSS-COUNTRY CAMPGROUNDS, INC. (DEED BOOK 927-86 OF SAID PUBLIC REGISTRY); THENCE LEAVING THE LINE OF LITTLE AND ALONG THE LINE OF CROSS-COUNTRY CAMPGROUNDS, INC. S 08°06'35"W A DISTANCE OF 693.06 FEET TO A FOUND PK NAIL SET IN CONCRETE, SAID PK NAIL BEING ON THE LINE OF DONALD B.LI FILE(DEED BOOK 3295-1715 OF SAID PUBLIC REGISTRY);THENCE LEAVING THE LINE OF CROSS-COUNTRY CAMPGROUNDS, INC. AND ALONG THE LINE OF DONALD B.LITTLE THE FOLLOWING SEVEN(7)CALLS:(1)S 00°11'03"E,PASSING THROUGH A FOUND 1"IRON PIPE AT 285.54 FEET AND A FOUND RIGHT-OF-WAY MARKER AT 374.20 FEET FOR A TOTAL DISTANCE OF 399.36 FEET TO A FOUND #4 REBAR; (2) S33°18'37"E A DISTANCE OF -4- 13465709v2 3851-0574 209.73 FEET TO A FOUND 3/4"IRON PIPE; (3) S33°11'37"E A DISTANCE OF 767.11 FEET TO A FOUND #5 REBAR; (4) S33°21'34"E A DISTANCE OF 366.79 FEET TO A FOUND 1/4"IRON PIPE BENT;(5)S28°34'07"W A DISTANCE OF 138.88 FEET TO A FOUND#5 REBAR;(6) S27°21'36"E A DISTANCE OF 329.96 FEET TO A FOUND WALNUT TREE; (7) S39°34'32"W A DISTANCE OF 510.29 FEET TO A FOUND#5 REBAR,SAID REBAR BEING ON THE LINE OF SHANNON WOODS SUBDIVISION, PHASE 1C (MAP BOOK 86, PAGES47-51 AND PAGE 56 OF SAID PUBLIC REGISTRY); THENCE LEAVING THE LINE OF DONALD B. LI LI'LE AND ALONG THE LINE OF SHANNON WOODS SUBDIVISION, PHASE 1C THE FOLLOWING THIRTY-EIGHT (38) CALLS: (1) N47°14'37"W A DISTANCE OF 360.87 FEET TO A FOUND #5 REBAR; (2) N62°05'57"W A DISTANCE OF 140.00 FEET TO A FOUND #5 REBAR; (3) 15.58 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 625.00 FEET,A CHORD BEARING OF N27°03'30"E A CHORD DISTANCE OF 15.58 FEET TO A FOUND#5 REBAR; (4)N63°40'08"W A DISTANCE OF 50.03 FEET TO A SET#4 REBAR;(5)N63°07'50"W,PASSING THROUGH A FOUND#5 REBAR AT 96.91 FEET FOR A TOTAL DISTANCE OF 151.90 FEET TO A FOUND#5 REBAR; (6)N26°49'30"E A DISTANCE OF 116.56 FEET TO A FOUND#5 REBAR; (7) 14.42 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 440.00 FEET,A CHORD BEARING OF NI0°03'29"E A CHORD DISTANCE OF 14.42 FEET TO A FOUND#5 REBAR;(8)N 08°58'35"E A DISTANCE OF 40.03 FEET TO A FOUND #5 REBAR; (9) S68°12'43"W, PASSING THROUGH FOUND #5 REBAR AT 58.30 FEET AND 141.51 FEET FOR A TOTAL DISTANCE OF 224.55 FEET TO A FOUND #5 REBAR; (10)N63°10'19"W,PASSING THROUGH FOUND#5 REBAR AT 55.08 FEET, 110.09 FEET, 165.04 FEET, 220.03 FEET, 274.94 FEET, AND 340.00 FEET FOR A TOTAL DISTANCE OF 389.98 FEET TO A FOUND #5 REBAR; (11) S26°51'35"W A DISTANCE OF 115.14 FEET TO A SET #4 REBAR;(12)31.41 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 20.00 FEET, A CHORD BEARING OF S71°51'35"W A CHORD DISTANCE OF 28.28 FEET TO A FOUND#5 REBAR;(13)S26°51'35"W A DISTANCE OF 50.00 FEET TO A SET#4 REBAR;(14)31.41 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, A CHORD BEARING OF S 18°08'25"E A CHORD DISTANCE OF 28.28 FEET TO A FOUND#5 REBAR; (15)S26°33'18"W A DISTANCE OF 18.56 FEET TO A FOUND#5 REBAR;(16)446.21 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 776.71 FEET, A CHORD BEARING OF S43°20'22"W A CHORD DISTANCE OF 440.10 FEET TO A FOUND#5 REBAR; (17) 26.05 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 16.00 FEET, A CHORD BEARING OF N73°44'39"W A CHORD DISTANCE OF 23.27 FEET TO A FOUND #5 REBAR;(18)N27°06'40"W A DISTANCE OF 9.01 FEET TO A FOUND#5 REBAR;(19)S62°53'20"W A DISTANCE OF 50.00 FEET TO A FOUND #5 REBAR; (20) S27°06'40"E A DISTANCE OF 9.01 FEET TO A FOUND #5 REBAR BENT; (21)26.00 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 16.00 FEET, A CHORD BEARING OF S19°25'53"W A CHORD DISTANCE OF 23.23 FEET TO A FOUND #5 REBAR; (22) 256.76 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 776.71 FEET, A CHORD BEARING OF S75°27'00"W A CHORD DISTANCE OF 255.59 FEET TO A FOUND#5 REBAR;(23)S85°00'29"W A DISTANCE OF 261.93 FEET TO A FOUND#5 REBAR; (24) 160.54 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 685.00 FEET,A CHORD BEARING OF S78°15'55"W A CHORD DISTANCE OF 160.17 FEET TO A FOUND#5 REBAR; (25)N18°24'34"W A DISTANCE OF 302.59 FEET TO A FOUND#5 REBAR; (26) S71°35'24"W A DISTANCE OF 238.19 FEET TO A SET #4 REBAR; (27) S30°21'29"W A DISTANCE OF 238.08 FEET TO A FOUND #5 REBAR; (28) 157.46 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 625.00 FEET, A CHORD BEARING OF N66°54'47"W A CHORD DISTANCE OF 157.04 FEET TO A SET#4 REBAR; (29) S15°47'46"W A DISTANCE OF 50.00 FEET TO A COMPUTED POINT AT A WATER VALVE; (30)49.54 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,PASSING THROUGH A FOUND #5 REBAR AT 4.89 FEET, HAVING A RADIUS OF 575.00 FEET, A CHORD BEARING OF S71°43'40"E A CHORD DISTANCE OF 49.52 FEET TO A FOUND #5 REBAR; (31) S37°02'29"W, PASSING THROUGH FOUND#5 REBAR AT 68.63 FEET, 133.63 FEET, 198.63 FEET,263.63 FEET, -5- 13465709v2 3851-0575 AND 328.55 FEET FOR A TOTAL DISTANCE OF 393.63 FEET TO A FOUND #5 REBAR; (32) S37°09'00"W A DISTANCE OF 64.89 FEET TO A SET#4 REBAR; (33) S37°26'01"W A DISTANCE OF 33.40 FEET TO A SET#4 REBAR;(34) S40°03'38"W A DISTANCE OF 18.25 FEET TO A SET#4 REBAR;(35)S43°38'I1"W A DISTANCE OF 61.61 FEET TO A SET#4 REBAR;(36)S49°09'13"W A DISTANCE OF 61.61 FEET TO A SET#4 REBAR; (37) S54°37'51"W A DISTANCE OF 24.25 FEET TO A FOUND #5 REBAR; (38) S68°39'32"W A DISTANCE OF 273.42 FEET TO THE POINT AND PLACE OF BEGINNING HAVING AN AREA OF 243.737 ACRES (10,617,191 SQUARE FEET)OF LAND, MORE OR LESS. TOGETHER WITH: That easement contained or conveyed in that certain Construction,Sewer and Access Easement Agreement recorded in Book 3674,Page 2 in the Office of the Register of Deeds for Catawba County,North Carolina, as amended by that certain First Amendment to Construction, Sewer and Access Easement Agreement recorded in Book 3847, Page 1273 in the Office of the Register of Deeds for Catawba County, North Carolina. -6- 13465709v2 3851-0576 Exhibit"B" Permitted Exceptions Taxes for the Property for the year 2024 and subsequent years,not yet due and payable. 2. Any right,easement, setback, interest,claim,encroachment, encumbrance,violation,variation, or other adverse circumstance affecting the Title disclosed by Preliminary ALTA/NSPS Land Title Survey for Lennar Carolinas,LLC,a Delaware Limited Liability Company by Tracy Thane Bishop, PLS,dated January 11,2024: a)Encroachment of chain link fence onto adjoining property; b) Water Valve(s); c)Gas Test(s); d)Electric Box(s); e)Cleanout(s); f) Water Hydrant(s); g) Sight Triangle(s); h)Headwall(s). 3. Right(s)-of-way/Easement(s)to Duke Power Company recorded in Book 1286,Page 653,Catawba County Registry. 4. Terms, provisions, options, right of first refusal, covenants, conditions, restrictions, easements, charges, assessments, and liens provided for in instrument(s) filed for record in Book 3760,Page 1803,and any related maps,plans,bylaws and other document(s)and amendment(s), but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. 5. Right(s)-of-way/Easement(s)to Duke Energy Carolinas,LLC recorded in Book 3696,Page 1394, Catawba County Registry. 6. The creation or loss of Land by natural or artificial changes along water forming part of the boundary of the Land; and rights of others in and to the continuous and uninterrupted flow of the waters bounding or crossing the Land and riparian and/or littoral rights incident to the Land. 7. Bylaws of Shannon Woods Homeowners Association of Catawba, Inc. recorded in Book 3761, Page 1828,Catawba County Registry. 8. Any right,easement, setback, interest, claim, encroachment,encumbrance,violation,variation,or other adverse circumstance affecting the Title disclosed by plat(s) entitled "Survey of Final Plat: Shannon Woods Phase 1C" recorded in Plat Book 86, Pages 47 through 51, Catawba County Registry. -7- 13465709v2