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HomeMy WebLinkAboutNCC215440_FRO Submitted (2)_20210930WAKE COUNTY FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT WAKENo person may initiate any land -disturbing activity on one or more acres as covered by the Wake County Unified Development Ordinance before this form and an acceptable erosion and COUNTY sedimentation control plan have been completed and approved by Wake County Department of NORTH CAROLINA Environmental Services, Water Quality Division. (Please type or print and, if the question is not applicable, place N/A in the blank.) Part A. 1, 2. 3. 4. Project Name The Point Roadway Improvements Location of land -disturbing activity: Jurisdiction Rolesyille (Wake Co. or Municipality) Highway/Street East Young St Latitude 35*54'35" N Approximate date land -disturbing activity will commence: May 2021 Longitude 78*26'50" W Type of development (residential, commercial, industrial, institutional, etc.): Residential 5. Total acreage disturbed or uncovered (including off -site utilities and borrow/waste areas): 2.6 AC 6. Person to contact should erosion and sediment control issues arise during land -disturbing activity: VA Name Marc Chadwick (Ashton Raleigh Residential, LIE) E-mail Address marc.chadwicklashtonwoods.com Telephone 919-418-8821 Cell # N/A Fax # N/A Landowner(s) of Record (attach accompanied page to list additional owners): Ashton Raleigh Residential, LIE 919-232-3095 Name(s) Telephone 5711 Six Forks Road, Suite 300 Current Mailing Address Raleigh NC 27609 City State Zip 8. Deed Book No. 017720 Part B. Page No. 5711 Six Forks Road, Suite 300 Current Street Address raymond.rinkerRashtonwoods.com Fax or E-mail address Raleigh NC 27609 City State Zip 01506-01514 Provide a copy of the most current deed. 1. Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet. Include requested information): Ashton Raleigh Residential, LIE raymond.rinkeriashtonwoods.com Name E-mail Address 5711 Six Forks Road, Suite 300 Current Mailing Address Raleigh NC 27609 City State Zip Telephone 919-232-3655 5711 Six Forks Road, Suite 300 Current Street Address Raleigh NC 27609 City State Zip Fax Number N/A 2. (a) If the Financially Responsible Party is not a resident of Wake County, identify a designated agent in Wake County to receive any notice, process, pleading in any action or legal proceeding arising out of any matter relating to the Wake County Erosion and Sedimentation Control Ordinance and/or Land Disturbance Permit: Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Telephone Fax Number (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an 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 of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Telephone Fax Number 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. Raymond Rinker Type or print name Signa64 Vice President of Land Development Title or Authority Date I, I" Ili 'I 1 K/ allotaryPublicoftheCou6 ty of W State of North Carolina, hereby certify that appeared personally before me this day and being duly sworn acknowl AAA that the abovee form was executed by him. Witness my hand and notarial seal, this `U day of ^�� !`ti{ , 20 2 l1 MARY HILL HEROLD N Y PUBLIC WAOUNTY, N.C. My Commission Expires 9-24-2021. -tii My commission expires_ BKO1772OPGO1506 WAKE COUNTY, NC 219 CHARLES P. GILLIAM REGISTER OF DEEDS PRESENTED & RECORDED ON 01/17r2020 16:49:53 STATE OF NC REAL ESTATE EXCISE TAX: $9.274.08 BOOK:017720 PAGE:01506 - 01514 Revenue stamps: $9,274.06 Real Estate ID: 0010867 PIN: 1768068057 Prepared by and return to: Suzanne B. Allaire, K&L Gates LLP (Vault Box #123) P.O. Box 17047, Raleigh, NC 27619 Brief Description for the Index 4 Tracts, Wake County, North Carolina NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this 11 "day of January, 2020, by and between GRANTOR BYRUM FAMILY LLC, a North Carolina limited liability company with a mailing address of: Attention: David D. Jones 1553 Heritage Links Drive Wake Forest, NC 27587 GRANTEE ASHTON RALEIGH RESIDENTIAL L.L.C, a North Carolina limited liability company with a mailing address of: 5711 Six Forks Road, Suite 300 Raleigh, NC 27609 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. 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. 304236636 Q BK017720PG01507 WITNESSETH, that Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, transferred, conveyed and confirmed and by these presents does grant, bargain, sell, and convey unto the Grantee in fee simple, all those certain tracts or parcels of land lying and being in Wake County, North Carolina, being more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"). All or a portion of the Property herein conveyed does not include the primary residence of Grantor. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple and all of the rights, privileges, appurtenances, hereditaments, easements, reversions, and remainders pertaining to or used in connection with the Property and/or any of the improvements, including, without limitation, all strips and gores, streets, alleys, easements, rights -of -way, public ways, or other rights appurtenant, adjacent, or connected to any of the Property, including, without limitation, all of Grantor's right, title and interest in and to Rolesville Road. 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 is subject to the exceptions listed in Exhibit B attached hereto and incorporated herein by reference. [Signature Page Follows] BKO1772OPGO1508 IN WITNESS WHEREOF, Grantor has caused this instrument to be signed in its name as of the date indicated in the notary acknowledgment below, and delivered as of the date indicated on the first page of this Deed. BYRUM FAMILY LLC, a North Carolina limited liability company By: �,,c.t, Name: Title: Manager WR6 County, 9©2-Vk (1 "A-4 (A I certify that the following person personally appeared before me this day and acknowledged to me that he or she voluntarilypigned the f regoing document for the purpose stated therein and in the capacity indicated: Y►� 1�t .,'Wes [insert name d signatory above] Date: SA0V a 7Z0Z0 My Commission Expires: Print Name [Affix Notary Stamp or Seal below] BARRY D. MANN NOTARY PUBLIC WAKE COUNTY, N.C. My Commission Expires 03-17-2024. BKO1772OPGO1509 Exhibit A BEING ALL of those certain tracts or parcels of land located in the Wake Forest Township, Wake County, North Carolina and being more particularly described as follows: Tract I: Beginning at an iron stake in the road running from Rolesville to Wendell, said stake being on the West side of the said road and in the present South line of the property of W. R. Hagwood, now C. H. Shearon; runs thence North 86 degrees West 2500 feet to an iron stake in George J. Robertson's line; thence South 6 degrees 30 minutes West 303 feet to an iron pipe in Luke Jones's estate line; thence South 76 degrees 30 minutes East 303 feet to an iron pipe; thence South 6 degrees 30 minutes West 467 feet to an iron pipe in L. N. Rogers' estate line; thence along said L. N. Rogers's estate line South 84 degrees 15 minutes East 1749 feet to an iron pin at pine stump; thence North 20 degrees 15 minutes East 350 feet to an iron pin; thence North 77 degrees 40 minutes East 150 feet, North 79 Degrees 30 minutes East 295 feet to the said road where a branch crosses the same; thence North 3 degrees West 430 feet to the place of beginning. Containing 40 acres according to survey made by W. P. Massey, Surveyor, July 6, 1933, being a part of the same property conveyed to W. R. Hagwood by J. B. Debnam by deed now of record in the office of the Register of Deeds for Wake County, N. C., in Book 313, Page 184, and being the same tract conveyed to George J. Robertson by W. R. Hagwood and Mary Hagwood, his wife, by deed dated November 11, 1933, and now of record in the office of the Register of Deeds for Wake County, N. C., in Book 655, Page 465. Tract 11: Being bounded on the North by the lands of Daniel Allen's estate; on the East by the lands of W. R. Hagwood, now C. H. Shearon; on the South by the lands of Nathan Dunn's estate; and on the West by the lands of W. E. Redford's estate. This being the same tract of land heretofore conveyed to J. B. Debnam by R. A. Fleming and others by deed dated August 2, 1911, and recorded in the office of the Register of Deeds for Wake County, N. C., in Book 260, Page 43, being the same tract of land conveyed to George J. Robertson by J. B. Debnam, unmarried, by deed dated December 1927, now of record in the office ' of the Register of Deeds for Wake County, N. C., in Book 512, Page 539, and being the same lands described by plat made by W. P. Massey, Surveyor, dated July 2, 1921, to all of which records reference is hereby made for further description of said lands, beginning at a stone at the meeting of the lines of W. E. Redford's estate and Nathan Dunn's estate; thence runs North 10 degrees 10 minutes East to a stone in the line of Daniel Allen's estate; thence along the line of the said Daniel Allen's estate South 86 degrees 30 minutes East 1840 feet to a stone in the line of W. R. Hagwood, now C. H. Shearon; thence South 4 degrees 20 minutes West 1295 feet to a pile of stones in the line of Nathan Dunn's estate; and thence North 86 degrees 30 minutes West 1980 feet to the beginning, containing 57 acres. EXCEPTING THEREFROM the following land that, pursuant to G. S. 136-104, vested in the North Carolina Department of Transportation by virtue of its filing of a Complaint and Declaration of Taking in the General Court of Justice, Superior Court Division, Wake County, BK017720PG01510 North Carolina, on July 12, 2010, and being Case No. 10 CVS 11667, and by the issuance of summons therein: The areas acquired by the Department of Transportation in the aforesaid action are delineated on the Master Plans for DEPARTMENT OF TRANSPORTATION Project I.D.# R-2814B (WBS# 34506.2GV 1) as Parcel # 19, on file in the Right of Way Branch of the Department of Transportation Building, Raleigh, North Carolina, and also to be recorded, as required by law, in the office of the Register of Deeds of Wake County, to which plans reference is hereby made for greater certainty of the areas and interests conveyed, and said areas and interests are described by metes and bounds as follows: Beginning at Point "2" being S O1°24'57" E 178.93 ft. from -L- 141+50.41, thence along a curve turning to the right, having a radius of 16925.0000 ft. and having a chord with a bearing of S 43°19'45" W and a chord distance of 123.77 ft., an arc distance of 123.77 ft. along said curve to point 3, thence S. 3997 18" W 202.13 ft. to point "4"; thence S. 44°28'27" W 151.25 ft. to point "5"; thence S 54°16'23" W 91.94 ft. to point "6"; thence along a curve turning to the right, having a radius of 16925.0000 ft. and having a chord with a bearing of S 45°54'58" W and a chord distance of 525.24 ft., an arc distance of 525.26 ft. along said curve to point "7", thence S. 89005'53" W 375.52 ft. to point "8"; thence along a curve turning to the left, having a radius of 16675.0000 ft. and having a chord with a bearing of N. 45°08'38" E and a chord distance of 1533.13 ft., an arc distance of 1533.67 ft. along said curve to point "9", thence N 26°50'05" E 111.76 ft. to point "10"; thence S O1°24'57" E 402.54 ft. to point "2"; returning to the place of beginning. Tract III: Adjoining the lands of R. L. Rogers' estate and others, and bounded as follows, viz: BEGINNING at a point in the center of the old Smithfield Road, said point being witnessed by an iron axle on the East side of said road, said point being the Southwest corner of Tract No. 1, the Northwest corner of Tract No. 2, the Northeast corner of Tract No. 3; thence North 1 degree 45 minutes West along the center of said road 840 feet to a Point over the center of a small branch; thence along the center of the small ditch or branch as follows: South 80 degrees 20 minutes West 295 feet; South 78 degrees 15 minutes West 150 feet; South 20 degrees 45 minutes West 350 feet to an iron stake in a pine stump; thence South 3 degrees 45 minutes West 435 feet to an iron axle in the Northwest corner of Tract No. 3 in the R. L. Rogers land line; thence due East along the North line of Tract No. 3 600 feet to the BEGINNING. Being Lot No. 4 of the J. N. Rogers land in accordance with survey, map, and description made by C. L. Mann May 1935 and March 1936, and containing 11.1 acres, and being the same tract of land conveyed to George J. Robertson by C. E. Hagwood and Lula Hagwood, his wife, by deed dated March 18, 1936, and now of record in the office of the Register of Deeds for Wake County, N. C., in Book 712, Page 84. Tract IV: BEGINNING at a point in the center of the old Smithfield Road, said point being witnessed now or formerly by an iron axle on the east side of said road, said point being the southwest corner of BKO1772OPGO1511 Tract #1, the northwest corner of Tract #2, and the southeast corner of Tract #4, as shown on plat of survey of the J. N. Rogers land made by C. L. Mann, Engr., in May, 1935, and March, 1936; and runs thence from said beginning point as the center of said road, South 1 degree 45 minutes East 282.5 feet to a point in the center of said road, a new corner with the said L. S. Rogers heirs; thence a new line with said L. S. Rogers heirs West 634.5 feet to an iron stake, a new corner in the line of Clifton Merritt, formerly R. L. Rogers; thence as said Merritt's line, North 3 degrees 45 minutes East 282.6 feet to a stake, northwest corner of Tract #3, as shown on said plat, now a corner with Dr. C. C. Byrum; thence as said Byrum's line, formerly the southern line of said Tract #4, East 600 feet to the BEGINNING, and being the northernmost portion of Tract #3, as shown on said plat, conveyed to L. S. Rogers, now deceased, by C. E. Hagwood and Lula Hagwood, his wife, by deed dated the 18th day of March, 1936, recorded in Book 712, at page 83, Wake County, Registry, to which said deed reference is hereby made for a more perfect and complete description of said lot or parcel of land herein conveyed. Said lot or parcel of land was devised to Billie E. Rogers, Genavee R. King, Belle R. Gardner, and Bennie R. Dupree by Item 5 of the will of the said L. S. Rogers, dated the 1 Ith day of September, 1962, recorded in Will Book 5, at page 36, in the office of the Clerk of Superior Court of Wake County, North Carolina. See also instrument recorded in Book 2081, at page 555, Wake County Registry. TOGETHER WITH all of Grantor's right, title and interest in and to Rolesville Road. BKO1772OPGO1512 Exhibit B Taxes and assessments for the year 2020 and subsequent years, not yet due and payable. 2. Consent Judgment recorded in Book 17220, Page 496, Wake County Registry. 3. General Warranty Deed of Easement for sanitary sewer purposes to Town of Rolesville recorded in Book 5376, Page 924 and as shown on Book of Maps 1992, Pages 654 through 660, Wake County Registry and as shown on the ALTA/NSPS Land Title Survey dated January 7, 2019, by Steven P. Carson, PLS, bearing Job No. 180521. 4. Communications Systems Right of Way and Easement deeds to Carolina Telephone and Telegraph Company recorded in Book 9920, Pages 2283 (and re -recorded in Book 9939, Page 186) and 2291, Wake County Registry and as shown on the ALTA/NSPS Land Title Survey dated January 7, 2019, by Steven P. Carson, PLS, bearing Job No. 180521. Deeds of Easement for sanitary sewer purposes to City of Raleigh recorded in Book 12249, Page 864 and Book 12466, Page 1149 and as shown on plat recorded in Book of Maps 2006, Page 2216 and 2217, Wake County Registry. 6. Right of Way and Utility Easements recorded in Book 13736, Pages 1287 and 1294 and as shown on plat recorded in Book of Maps 2009, Page 1091, Wake County Registry. 7. Matters affecting the Property as shown on plats recorded in Book of Maps 2007, Pages 1944 and 1945 and Book of Maps 2008, Pages 480 and 481, Wake County Registry. 8. Matters affecting the Property as shown on plat recorded in Book of Maps 2006, Page 1096, Wake County Registry. 9. Memorandum of Action recorded in Book 14010, Page 611, Wake County Registry and Consent Judgment recorded in Book 15000, Page 1216, Wake County Registry. 10. Drainage Easement and Slope Easement to North Carolina Department of Transportation recorded in Book 14839, Page 2660 and as shown on plat of survey recorded in Book of Maps 2012, Pages 463 through 468, Wake County Registry. 11. Title to that portion of the Property within the right-of-way of Highway 401. 12. The following matters as shown on the ALTA/NSPS Land Title Survey dated January 16, 2020, by Steven P. Carson, PLS, bearing Job No. 180521: (a) gap and overlap areas; (b) rights of others in and to the dirt path crossing the Property; (c) ECM; (d) fencing crosses onto adjoining property ;(e) overhead electric lines, utility poles; (f) 20' sanitary sewer easement as shown on Book of Maps 2008, Page 480; (g) slope easements, as shown on Book of Maps 2012, Page 468; (h) drainage easements as shown on Book of Maps 2012, Pages 467 and 468; (i) 15' construction easement as shown on Book of Maps 2009, Page BKO1772OPGO1513 1091; 0) rights of others in and to 60' private street easement as shown on Book of Maps 2009, Page 1091; and (k) 50' gas easement recorded in Book 17220, Page 496. BK017720PG01514 B0.0K:010,7.20 PAGE,e0106 - 01514 WAKE COUNTY NORTH CAROLINA Please retain yellow trailer page It is part of the recorded document and must be submitted with the original for re- recording. Charles P. Gilliam Register of Deeds Wake County Justice Center 300 South Salisbury Street, Suite 17001 Raleigh, NC 27601 j [R(New Time Stamp ❑ Additional Document Fee This Customer Group # of Excessive Entities # of Time Stamps Needed ❑ $25 Non -Standard Fee ❑ Additional Reference Fee This Document # of Pages