NCC242248_FRO Submitted_20240731

Check if this project is ARPA-funded ❑
Attach a copy of the Letter of Intent to Fund
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 Swift Creek Elementary School
*If this project involves American Rescue Plan Act(ARPA) funds, list the Project Name or Project
Number(e.g., SRP-D-ARP-0121) below under which you were approved for funding through the
Division of Water Infrastructure (DWI).
2. Location of land-disturbing activity: County Wake County City or Township Raleigh
Highway/Street Tryon Rd Latitude(decimal degrees)
35 75 g ( degrees) -78.73
Lon nude decimal de rees
3. Approximate date land-disturbing activity will commence: 6/4/24
4. Purpose of development(residential,commercial, industrial, institutional, etc.): Institutional
5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 14.10
6. Amount of fee enclosed: $$1 ,500 . 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 El No ❑
8. Person to contact should erosion and sediment control issues arise during land-disturbing activity:
Name Ronnie Stott E-mail Address [e-mail]
Phone: Office# 919-588-3596 Mobile# N/A
9. Landowner(s)of Record (attach accompanied page to list additional owners):
Wake County 919-856-6160
Name Phone: Office# Mobile#
PO Box 550 337 S Salisbury St
Current Mailing Address Current Street Address
Raleigh NC 27602 Raleigh NC 27601
City State Zip City State Zip
10. Deed Book No. 1 7377 Page No. 1 227 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).
Wake County Board of Education [e-mail]
Company Name E-mail Address
111 Corning Road, Ste 190 same
Current Mailing Address Current Street Address
Cary NC 27518 same
City State Zip City State Zip
Phone: Office# 919-588-3551 Mobile#[phone]
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:
N/A
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:
N/A
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.
David Burnett Assistant Superintendent Facilities,Design and Construction
Type or print name Title or Authority
_),N .
- -
Signature Date
f
I, VAAMAIVQ., 1 CksA 1.daSAa,"-- , a Notary Public of the County of (4-2.-
State of North Carolina, hereby certify that tj1 d )U(fie,HT 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 May day of �)Q , 20 2 3
eiP\L.V kcjuktiz' 4-.490
Notary
KATHERINE GRIFFIN TRAHAN
Seal NOTARY PUBLIC
My commission expires_ Wake County
North Carolina
My Commission Expires August 312027

BK018637PG02666 WAKE COUNTY, NC
TAMMY L. BRUNNER
REGISTER OF DEEDS
PRESENTED&RECORDED ON
08-09-2021 AT 16:52:24
BOOK: 018637 PAGE: 02666-02677
Prepared by and return to:
G. Thomas Lee, Esq.
Womble Bond Dickinson (US)LLP
555 Fayetteville Street, Suite 1100
Raleigh,North Carolina 27601
NORTH CAROLINA
WAKE COUNTY
CONSTRUCTION AND ACQUISITION AGREEMENT
This CONSTRUCTION AND ACQUISITION AGREEMENT, dated as of August 1,
2021 (the "Agreement"), between the COUNTY OF WAKE, NORTH CAROLINA, a body
politic and corporate and a political subdivision existing under the laws of the State of North
Carolina (the "County") and the WAKE COUNTY BOARD OF EDUCATION, a body
corporate existing under the laws of the State of North Carolina(the "Board of Education");
WITNESSETH:
WHEREAS, the County is a body politic and corporate and a political subdivision
existing under the laws of the State of North Carolina vested with the powers and authority
conferred upon counties by the laws of the State of North Carolina, acting through its Board of
Commissioners;
WHEREAS, the Board of Education is a body corporate and a political subdivision
existing under the laws of the State of North Carolina and is the governing board of the Wake
County local school administrative unit of the public school system of the State of North
Carolina, vested with the powers and authority conferred upon boards of education by the laws
of the State of North Carolina, including general control and supervision of all matters pertaining
to the public schools in the County;
WHEREAS, pursuant to Section 153A-158.1, as amended, of the General Statutes of
North Carolina, the County may acquire by any lawful method the fee or any lesser interest in
real or personal property for use by the Board of Education;
Submitted electronically bv.lohn E.Cargill,Attoruev at Law in compliance with North Carolina statutes governing recordable
documents and the terms of the submitter agreement with the Wake County Register of Deeds.

BK018637PG02667
WHEREAS, the County has arranged to provide financing for such construction,
renovation and equipping of improvements and of other improvements to the public school and
community college facilities in the County by entering into an Installment Financing Agreement,
dated as of August 1, 2021 (the "Installment Financing Agreement") with STI Institutional &
Government, inc. (the "Lender") pursuant to North Carolina General Statute G.S. 160A-20,
under which the Lender will make Advancements of funds from time to time to the County for
such purpose and the County will agree to repay the amounts advanced in installments to fall due
at the times and in the amounts set forth in the Installment Financing Agreement;
WHEREAS, the Board of Education has heretofore conveyed to the County the parcels
of real property described in Exhibit A hereto on which schools currently known as Swift Creek
Elementary School, Woods Creek Elementary School, Fuquay-Varina Middle School and Rex
Road Elementary School are or will be located (the "Mortgaged Sites"), and the County's
obligations under the Installment Financing Agreement will be secured by a lien on the
Mortgaged Sites, together with all buildings, improvements and fixtures located and to be
located thereon, all as more fully described in the Deed of Trust, to be dated as of August 1,
2021,from the County to The Fidelity Company for the benefit of the Lender;
WHEREAS, the County, as lessor, and the Board of Education, as lessee, have entered
into a Lease Agreement, of even date herewith (the "Lease"), pursuant to which the County has
leased the Mortgaged Sites and all buildings, improvements and fixtures located and to be
located thereon to the Board of Education;
WHEREAS, pursuant to Section 153A-158.1, as amended, of the General Statutes of
North Carolina, as the same applies to the County, the Board of Education may enter into
contracts and agreements for the erection and repair of school buildings owned in fee simple by
the County; and
WHEREAS, the County desires for the Board of Education to oversee the acquisition,
installation and equipping of the improvements on the Mortgaged Sites (the "Mortgaged Sites
Improvements"), and the Board of Education is willing to undertake such obligation;
WHEREAS, the Board of Education intends to convey to the County the real property
on which the school to be known as Hilltop Needmore Road Elementary School will be located,
and upon such conveyance the County will make such property subject to the Deed of Trust and
thereupon such real property will become one of the Mortgage Sites as described above, and the
Lease will be supplemented to provide that such site and all buildings, improvements and
fixtures located and to be located thereon will be leased by the County to the Board of
Education;
NOW THEREFORE, in consideration of the premises and of the mutual agreements and
covenants contained herein and for other valuable consideration, the parties hereto do hereby
agree as follows:
Section 1. Supervision of Mortgaged Sites Improvements by the Board of Education.
The County and the Board of Education hereby agree and covenant that the Board of Education
shall have supervisory power("Supervisory Power"), subject to the consent provision as set forth
in Section 3 hereof, in connection with the construction, renovation and equipping of the
2

BK018637PG02668
Mortgaged Sites Improvements. The Board of Education shall use its best efforts to cause the
construction,renovation and equipping of the Mortgaged Sites Improvements in accordance with
the plans and specifications therefor and in accordance with the Installment Financing
Agreement and any applicable requirements of governmental authorities and law.
The County and the Board of Education entered into an agreement dated March 20,2007,
of record in Book 12716,Page 1652, Wake County Registry("2007 Agreement")which applied
to various school sites as identified by written agreements between the Wake County Manager
and Wake County School Superintendent. The construction, renovation and equipping of other
public school facilities on such sites shall be pursuant to the agreements and arrangements
therefor as set forth therein. In connection with the Lease and the Installment Financing
Agreement, and upon mutual consent, the County and Board of Education wish to remove the
Mortgaged Sites from the 2007 Agreement, and the 2007 Agreement shall not be apply in any to
the Mortgaged Sites after the date of this Agreement. The parties agree to execute any
documents that may be required by the 2007 Agreement to effectuate the removal of the
Mortgaged Sites from the 2007 Agreement.
Section 2. Covenants as to the Completion of Mortgaged Sites Improvements. In
consideration of the grant of Supervisory Power by the County to the Board of Education
pursuant to Section 1 hereof, the County and the Board of Education hereby agree as follows in
connection with the construction,renovation and equipping of Mortgaged Sites Improvements by
the Board of Education:
(a) The Board of Education shall comply with the provisions of law, including all
applicable laws relating to the procurement of construction and equipment through competitive
bidding, and enter into one or more contracts or purchase orders providing for the renovation,
construction and equipping of Mortgaged Sites Improvements. The Board of Education shall
obtain all orders, permits or similar governmental approvals necessary for the construction and
operation of Mortgaged Sites Improvements as a public school. The Board of Education shall
cause the renovation, construction and equipping of the Mortgaged Sites Improvements to be
carried on expeditiously in accordance with the plans and specifications therefor, all applicable
ordinances and statutes, and in accordance with the requirements of all regularly constituted
authorities having jurisdiction over same. The Board of Education shall cause the Mortgaged
Sites Improvements to be located entirely on the Mortgaged Sites and will ensure that (a)
Mortgaged Sites Improvements does not encroach upon nor overhang any easement or right of
way and (b) Mortgaged Sites Improvements, when erected, will be wholly within the building
restriction lines, however established, and will not violate applicable use or other restrictions
contained in prior conveyances or applicable protective covenants or restrictions.
(b) The County,the Lender and their respective representatives and agents shall have the
right to enter upon and inspect the Mortgaged Sites from time to time, during and after
construction, and the Board of Education agrees to cause any contractor or subcontractor to
cooperate with the County, the Lender and their respective representatives and agents during
such inspections.
3

BK018637PG02669
(c) Payment of Mortgaged Sites Improvements costs shall be made in accordance with
the Installment Financing Agreement. The Board of Education shall submit requests to the
County for payment of costs of Mortgaged Sites Improvements.
(d) The Board of Education shall use its best efforts to cause the construction of
Mortgaged Sites Improvements to be completed.
Section 3. Consent of the County. The County hereby recognizes and covenants that the
Board of Education shall have the right to make any changes in the description of Mortgaged
Sites Improvements or of any component or components thereof subject to the prior consent,oral
or written, of the County in accordance with the Installment Financing Agreement; provided,
however, that any such change shall not alter the purpose of Mortgaged Sites Improvements as a
public school. The Board of Education shall also have the right to approve change orders to any
purchase orders or construction agreements, provided that the Mortgaged Sites Improvements
has sufficient funds for such change orders.
Section 4. Board of Education's Right to Enforce Agreements. The Board of Education
shall have the right to enforce in its own name or the name of the County such purchase orders or
construction agreements at law or in equity; provided, however, that the assignment by the
County shall not prevent the County from asserting said rights and powers in its own behalf.
Section 5. Acceptance. The Board of Education does hereby accept the foregoing
appointment of Supervisory Power over the renovation, construction and equipping of
Mortgaged Sites Improvements as described in Section 1 hereof and does hereby accept the
foregoing delegation of duties as described in Section 2 hereof.
Section 6. Agency Created. The County irrevocably appoints the Board of Education as
its sole agent to carry out all phases of any construction or renovation project undertaken
pursuant to this Agreement. The Board of Education, as the County's agent, assumes all of the
County's rights, duties, and responsibilities regarding any construction or renovation project
undertaken pursuant to this Agreement, including authority to seek, review, approve and execute
any standard and routine permit, application, certification and petition that may be required.
Notwithstanding previous arrangements, this agency shall govern all phases of any construction
or renovation project undertaken pursuant to this Agreement. It is understood and agreed that
nothing herein shall limit, change or remove the Board of Education as a public condemnor
pursuant to the provisions of N.C.G.S. §40A-1 et. seq. and N.C.G.S. §115C. The Board of
Education retains its authority to institute as a public condemnor eminent domain proceedings to
satisfy municipal and/or county and/or state requirements in connection with the construction of
public schools in Wake County.
a. Negotiate and Execute Contracts. The Board of Education, as agent for the
County, shall have sole and exclusive authority to negotiate and execute on behalf of the
County all contracts for the construction or renovation of construction projects
undertaken pursuant to this Agreement, as long as the funds to be expended pursuant to
those contracts are within the project budget established by the Board of Education and
approved by the County.
4

BK018637PG02670
b. Supervise Construction and Renovation Projects. The Board of Education,
as agent for the County, shall be solely responsible for carrying out and maintaining the
construction and renovation projects, and the Board of Education shall have all rights to
supervise the construction and renovation projects. The County shall have no
supervisory authority for the construction and renovation projects.
c. Administer Contracts. The Board of Education, as agent for the County,
shall issue any required purchase orders and preaudit certification for the construction
and renovation projects. The Board of Education shall have authority to approve and
enter into any change orders for any and all identified projects as long as the funds are
within the project budget established by the Board of Education and approved by the
County, including change orders establishing the Guaranteed Maximum Price on CM At
Risk projects. The Board of Education shall have exclusive control of the content of such
contracts. The Board of Education shall act as the County's designated representative for
administering the contracts, and all contracts shall comply with the public procurement
laws and any other State laws applicable to either the Board of Education or the County.
The Board of Education shall ensure that all contractors provide applicable sales and use
tax certificates. The Board of Education shall approve all requests for payment and pay
the contractors from the funds provided by the County.
d. Enforce Contracts. The Board of Education shall have the right to enforce
in its own name or in the County's name such purchase orders, contracts, or change
orders entered into in the County's name or the Board of Education's name for the
construction and renovation projects.
e. Pre-Audit Certification. The County hereby authorizes the Finance Officer
of the Board of Education to act as the Finance Officer of the County for the limited
purpose of pre-auditing as required by State law, on behalf of the County, contracts and
change orders executed pursuant to this Agreement.
f. Easements, Roadway Dedications, and Rights of Way. The Board of
Education, for itself and as agent for the County, shall have the right to negotiate and
execute any easement contract or dedication, or right of way contract or dedication upon
a portion of the Mortgaged Sites that it deems in its best interest to provide access over
the Mortgaged Sites. Should the Board of Education need the County's execution of any
document for easements or other partial interests, the Board of Education, as agent for the
County, shall have the authority to execute any easements, rights of way, and roadway
dedications it deems necessary.
Section 7. Disclaimers of the County. The Board of Education acknowledges and agrees
that the design of Mortgaged Sites Improvements has not been made by the County, that the
County has not supplied any plans or specifications with respect thereto and that the County(a)
is not a manufacturer of, or a dealer in, any of the component parts of Mortgaged Sites
Improvements or similar projects, (b) has not made any recommendation, given any advice or
taken any other action with respect to (i)the choice of any supplier, vendor or designer of, or any
other contractor with respect to, Mortgaged Sites Improvements or any component part thereof
or any property or rights relating thereto, or (ii) any action taken or to be taken with respect to
5

BK018637PG02671
Mortgaged Sites Improvements or any component part thereof or any property or rights relating
thereto at any stage of the renovation or construction thereof, (c)has not at any time had physical
possession of Mortgaged Sites Improvements or any component part thereof or made any
inspection thereof or any property or rights relating thereto, and (d) has not made any warranty
or other representation, express or implied, that Mortgaged Sites Improvements or any
component part thereof or any property or rights relating thereto (i) will not result in or cause
injury or damage to persons or property, (ii) has been or will be properly designed, renovated or
constructed or will accomplish the results which the Board of Education intends therefor, or(iii)
is safe in any manner or respect.
The County makes no express or implied warranty or representation of any kind
whatsoever with respect to Mortgaged Sites Improvements or any component part thereof to the
Board of Education or any other circumstance whatsoever with respect thereto, including, but not
limited to, any warranty or representation with respect to the merchantability or the fitness or
suitability thereof for any purpose; the design or condition thereof the safety, workmanship,
quality or capacity thereof; compliance thereof with the requirements of any law, rule,
specification or agreement pertaining thereto; any latent defect; the ability thereof to perform any
function; that the funds available under the Installment Financing Agreement will be sufficient
(together with other available funds of the County and the Board of Education) to pay the costs
of Mortgaged Sites Improvements; or any other characteristic of Mortgaged Sites Improvements;
it being agreed that all risks relating to Mortgaged Sites Improvements, the completion thereof or
the transactions contemplated hereby or by the Installment Financing Agreement are to be borne
by the Board of Education, and the benefits of any and all implied warranties and representations
of the County are hereby waived by the Board of Education.
Section 8. Indemnification. To the extent permitted by law, the Board of Education shall
indemnify and save the County harmless against and from all claims by or on behalf of any
person, firm, corporation or other legal entity arising from the acquisition, renovation,
construction and equipping of Mortgaged Sites Improvements; provided, however, that the
Board of Education shall not be obligated to pay amounts due under the Installment Financing
Agreement or to indemnify (a) any party to the Installment Financing Agreement for any third-
party claims asserted against any such party relating to the Installment Financing Agreement or
(b) the County for any liability arising from any act of negligence or willful misconduct on the
part of the County or any of its agents, officers or employees. The Board of Education shall be
notified promptly by the County of any action or proceeding brought in connection with any
such claims arising from the acquisition, construction and equipping of Mortgaged Sites
Improvements.
Section 9. Hilltop Needmore Road Elementary School to be Subject to this Agreement.
The Board of Education and the County also intend to finance improvements on the site that will
be the site of Hilltop Needmore Road Elementary School with amounts drawn under the
Installment Financing Agreement, with such property also subject to the Deed of Trust and the
provisions of the Lease. At present, the boundary description of such site is being reestablished.
Following such event, the Board of Education shall convey such site to the County, the County
shall supplement the Deed of Trust to make such site part of the Mortgaged Sites and the Lease
shall be supplemented to make such site and improvements part of the Leased Premises. Upon
such actions, the acquisition, construction, rehabilitation and equipping of Hilltop Needmore
6

BK018637PG02672
Road EIementary School will be subject to the provisions of this Agreement to the same extent
as the other schools covered by this Agreement.
Section 10. Amendments and Further Instruments. The County and the Board
of Education may, from time to time, execute and deliver such amendments to this Agreement
and such further instruments as may be required or desired for carrying out the expressed
intention of this Agreement.
7

BK01 8637PG02673
IN WITNESS WHEREOF, the parties hereto have executed and attested this Agreement
by their duly authorized representatives as of the day and year first written above.
,1�1{It1:ik101 f/
v084 OF ,,�4A COUNTY OF WAKE,NORTH CAROLINA
�`
[SEAL] O I, It
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_ FM �' By OP y:
'' *r C ' financial Officer
ttest: ''�''�'O P& CAR \:,,,:�~�
//httt v
1 - . ty Clerk to the B d ommissioners
ACKNOWLEDGEMENT FOR COUNTY
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, the undersigned, a Notary Public in and for the said County and State, do hereby certify
that Yvonne C. Gilyard, who, being by me duly sworn, says that she is the Deputy Clerk to the
Board of Commissioners for the County of Wake, North Carolina and by authority duly given
and as the act of said County, the foregoing instrument was signed in its name by Emily Lucas,
as Chief Financial Officer, sealed with its seal, and attested by herself as the Deputy Clerk to
said Board of Commissioners.
chand and notarial seal this . day of August, 2021.
�:N[NOL] O __tt_f(- ._f i-L-, /c_7(4-- -zrzif-
// u Notary Pub
�v Printed Name: J ei3 io I FE.4._ I 6"r 51 Th
My commission expires:
/O( tsyaVaa
8

BK018637PG02674
WAKE COUNTY BOARD OF EDUCATION
[SEAL]
By:
Chair
Attest:
lt1S�
ecretary
ACKNOWLEDGEMENT FOR BOARD OF EDUCATION
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I,the undersigned, a Notary Public in and for the said County and State, do hereby certify
that Cathy Q. Moore, who, being by me duly sworn, says that she is the Secretary of the Wake
County Board of Education and by authority duly given and as the act of said Board
of Education, the foregoing instrument was signed in its name by Keith A. Sutton, as Chair
of said Board of Education, sealed with its seal, and attested by herself as the Secretary to said
Board of Education..
Witness my hand and notarial seal this 20 day of L.02_ ,2021.
1-1 VVA
[NOTARIAL SEAL]w'°�'�J��•G'• .....'R0 'mooQ.,4
Notary Public
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s Printed Name
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o P(1B1.� :�V`
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My commission expires:
SO .. /013
9
WBD(US)52274803v2

BK018637PG02675
EXHIBIT A
LEGAL DESCRIPTIONS OF THE MORTGAGED SITES
Swift Creek Elementary School
All of that certain tract or parcel of land located in Wake County, North Carolina, and more
particularly described as follows:
Being all of New Lot 1, containing 15.578 acres, more or less, depicted on that certain
"Recombination Survey of 5601 Tryon Road, 5701 Tryon Road and 6223 Yates Mill Pond Road,
prepared for The Wake County Board of Education (Swift Creek Elementary)", by Henry P.
Fitts, PLS, Sepi Engineering and Construction, Inc., dated July 20, 2020 and revised September
11, 2020, recorded September 29,2020, in Book of Maps 2020,Pages 1557-1558, Wake County
Register of Deeds.
Woods Creek Elementary School
All that certain lot or parcel of land situated in the City of Apex, Buckhorn Township, Wake
County,North Carolina and more particularly described as follows:
That parcel containing 73.587 acres, Exempt Subdivision/Recombination Plat prepared for the
Wake County Board of Education (Proposed E-51 Elementary and Middle School Land Bank
Site), according to a plat recorded at Book of Maps 2019,Page 415,Wake County Registry.
Fuquay-Varina Middle School
WAKE PIN: 0666004705
1201 Bowling Road, Fuquay-Varina,NC
BEING all of that tract containing 81.677 acres as shown on that map entitled "Recombination
Plat" prepared by Bateman Civil Survey Company and recorded in Book of Maps 2020, Pages
569-571, Wake County Registry, LESS AND EXCEPT that certain Tract 1 which contains
16.726 acres as shown on that map entitled "Minor Subdivision Plat Prepared for The Wake
County Board of Education (E-49/Fuquay-Varina Middle School (M-15) Site)," prepared by
Bateman Civil Survey Company and recorded in Book of Maps 2021, Pages 685-686, Wake
County Registry.
Rex Road Elementary School
WAKE PIN: 0637389732
6125 Rex Road,Holly Springs,NC
Tract 1
BEING all that tract of land containing a total area of+/- 31.820 acres (1,386,079 square feet)
located in Holly Springs Township, Wake County, North Carolina; said tract being bounded on
the north by Taylor Morrison of Carolina, Inc., on the east by Karen W. Cody, on the south by
Hanson Aggregates Southeast,LLC and on the west by John B. Ennis, Jeffrey Schuller and wife,
A-1

BK018637PG02676
Stephanie Schuller and being more particularly described by courses based on North Carolina
Grid Coordinate System (NAD83/2011) and distances according to a survey entitled "Corrective
Recombination Plat and Planimetric Survey on the Properties of Gregory W. Hobby, and wife,
Julie K. Hobby and Karen W. Cody for The Wake County Board of Education" prepared by
McKim & Creed, Inc. dated September 21, 2020 and being more particularly described as
follows:
COMMENCING at a rebar and cap, McKim & Creed control point # 1 having NC Grid
(NAD83/2011) coordinates of Northing = 677,722.34 feet, Easting = 2,033,583.87 feet; thence
with tie lines the following two calls: 1) north 73 deg. 39 min. 13 sec. east 578.72 feet to a rebar
and cap McKim & Creed control point#2 and 2)south 69 deg. 14 min. 42 sec. east 62.49 feet to
an iron rod found within the 60' right-of-way of Rex Road(SR 1127) and in the northern line of
Hanson Aggregates Southeast, LLC (Deed Book 17212, Page 2695), the POINT OF
BEGINNING;thence with the northern line of Hanson Aggregates Southeast,LLC north 89 deg.
22 min. 44 sec. west 40.02 feet to a point in the centerline of Rex Road (allowing 60' Public
right-of-way); thence with the centerline of Rex Road the following eleven calls: 1) south 56
deg. 24 min. 00 sec. west 43.40 feet to a point, 2) south 59 deg. 40 min. 30 sec. west 52.62 feet
to a point, 3) south 63 deg. 22 min. 41 sec.west 52.29 feet to a point,4) south 67 deg. 07 min. 20
sec. west 52.10 feet to a point, 5) south 70 deg. 19 min. 21 sec. west 50.77 feet to a point, 6)
south 74 deg. 06 min. 06 sec. west 62.76 feet to a point, 7) south 78 deg. 04 min. 59 sec. west
77.91 feet to a point, 8) south 82 deg. 10 min. 50 sec. west 78.67 feet to a point, 9) south 84 deg.
28 min. 02 sec. west 111.97 feet to a point, 10) south 84 deg. 42 min. 00 sec. west 107.97 feet to
a point and 11) south 83 deg. 01 min. 40 sec. west 73.40 feet to a point; thence leaving the
centerline of Rex Road north 00 deg. 13 min. 59 sec. west 27.23 feet, passing an iron pipe found
2.66 feet south of the northern right-of-way line, to an iron rod set in the northern right-of-way
line (allowing 60 feet) of Rex Road; thence with the eastern line of John B. Ennis (Deed Book
14967, Page 747) north 00 deg. 13 min. 59 sec. west 267.38 feet to an iron rod found, said iron
rod being the northeastern corner of John B. Ennis property; thence with the eastern line of
Jeffrey Schuller and wife, Stephanie Schuller (Deed Book 12707, Page 213) north 00 deg. 40
min. 49 sec. west 1376.17 feet to an iron pipe found in the southern line of Taylor Morrison of
Carolina, Inc. (Deed Book 16830, Page 2668); thence with the southern and eastern lines of
Taylor Morrison of Carolina, Inc. the following three calls: 1) south 88 deg. 31 min. 40 sec. east
464.56 feet to an iron pipe found, 2) north 00 deg. 21 min. 28 sec. west 485.10 feet to an iron
pipe found, and 3) south 86 deg. 35 min. 39 sec. cast 313.13 feet to an iron rod found; said iron
rod being the northwest corner of Karen W. Cody (Deed Book 8247, Page 1723-1724); thence
with the western lines of Karen W. Cody the following two calls: 1) south 00 deg. 24 min. 41
sec. east 1879.70 feet to an iron rod set in the northern right-of-way line (allowing 60 feet) of
Rex Road, and 2) crossing Rex Road south 00 deg. 31 min. 25 sec. east 62.79 feet to an iron rod
found within the right-of-way of Rex Road, the BEGINNING iron rod.
AND
Tract 2
BEING all that tract of land containing a total area of +/- 9.887 acres (430,677 square feet)
located in Holly Springs Township, Wake County, North Carolina; said tract being bounded on
the north by Taylor Morrison of Carolina, Inc., on the east by William Myers, Candace Crupi,
Brenda Judd Williams, Fadna Banks and La Rue Powell, on the south by the southern right-of-
A-2

BK018637PG02677
way (allowing 60 feet) of Rex Road and Hanson Aggregates Southeast, LLC and on the west by
Gregory W. Hobby, and wife, Julie K. Hobby and being more particularly described by courses
based on North Carolina Grid Coordinate System (NAD83/2011) and distances according to a
survey entitled "Corrective Recombination Plat and Planimetric Survey on the Properties of
Gregory W. Hobby, and wife, Julie K. Hobby and Karen W. Cody for The Wake County Board
of Education" prepared by McKim & Creed, Inc. dated September 21, 2020 and being more
particularly described as follows:
COMMENCING at a rebar and cap, McKim & Creed control point # 1 having NC Grid
(NAD83/2011) coordinates of Northing = 677,722.34 feet, Easting = 2,033,583.87 feet; thence
with tie lines the following two calls: 1)north 73 deg. 39 min. 13 sec. east 578.72 feet to a rebar
and cap McKim & Creed control point#2 and 2) south 69 deg. 14 min.42 sec. east 62.49 feet to
an iron rod found within the 60' right-of-way of Rex Road (SR 1127) and in the northern line of
Hanson Aggregates Southeast, LLC (Deed Book 17212, Page 2695), said iron also being the
southeastern corner of Gregory W. Hobby, and wife, Julie K. Hobby, the POINT OF
BEGINNING; thence crossing the right-of-way of Rex Road with the eastern line of Gregory W.
Hobby, and wife, Julie K. Hobby the following two calls: 1) north 00 deg. 31 min. 25 sec. west
62.79 feet to an iron rod set in the northern right-of-way line (allowing 60 feet) of Rex Road and
2) north 00 deg. 24 min. 41 sec. west 1879.70 feet to an iron rod found in the southern line of
Taylor Morrison of Carolina, Inc. (Deed Book 16830, Page 2668), said iron rod being the
northeastern corner of Gregory W. Hobby, and wife, Julie K. Hobby; thence with the southern
line of Taylor Morrison of Carolina, Inc. south 86 deg. 40 min. 33 sec. east 233.56 feet to an iron
rod found, said iron rod being the northwestern corner of William Myers and Candace Crupi
(Deed Book 13969, Page 295); thence with the western line of William Myers and Candace
Crupi south 00 deg. 14 min. 10 sec. east 1085.86 feet to an iron pipe found, said iron pipe being
the northwestern corner of Brenda Judd Williams (Deed Book 16024, Page 2015); thence with
the western line of Brenda Judd Williams south 00 deg. 17 min. 48 sec. east 384.27 feet to an
iron pipe found, said iron pipe being the northwestern corner of Fadna Banks (Deed Book 1234,
Page 61); thence with the western line of Fadna Banks south 00 deg. 05 min. 03 sec. east 268.04
feet to an iron rod found in the northern right-of-way line (allowing 60 feet) of Rex Road; thence
crossing the right-of-way of Rex Road south 00 deg. 15 min. 29 sec. east 64.40 feet to an iron
rod found in the southern right-of-way line of Rex Road; thence with the southern right-of-way
line of Rex Road the following two calls: 1) with a curve to the left having a radius of 771.82
feet, an arc length of 141.84 feet, a chord bearing and distance of south 62 deg. 40 min. 33 sec.
west 141.64 feet to an iron rod set and 2) south 54 deg. 47 min. 13 sec. west 106.44 feet to an
iron rod set in the northern line of Hanson Aggregates Southeast LLC (Deed Book 17212, Page
2695);thence with the northern line of Hanson Aggregates Southeast LLC north 89 deg. 47 min.
31 sec. west 13.45 feet to an iron rod found, the BEGINNING iron rod.
A-3