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HomeMy WebLinkAboutNCC220947_FRO Submitted_20220304FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail and/ or fax information unavailable, place NIA in the blank.) Part A. Royscroft Subdivision 1. Project Name 2. Location of land -disturbing activity: CountyCabarrus City or TownshipConcord Highway/Street Flowes Store Road Latitude35.316928 Longitude80.555346 3. Approximate date land -disturbing activity will commence: December 2021 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Residential 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas):175 6. Amount of fee enclosed: $ Paid . The application fee of $100.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: 8.10 ac = $900,00). 7. Has an erosion and sediment control plan been filed? YesYeS No Enclosed 8. Person to contact should erosion and sediment control issues arise during land -disturbing activity: NameDavid Hunter E-mail Address HunterDL@StanieyMartin.com Telephone Cell # 704-477-4179 Fax # 9. Landowner(s) of Record (attach accompanied page to list additional owners): STANLEY MARTIN HOMES. LLC, a Delaware LLC 704-808-1132 Name 11701 Plaza America Dr, Suite 1100 Current Mailing Address Reston VA Telephone Fax Number 11701 Plaza America Dr, Suite 1100 Current Street Address 20190 Reston VA 20190 City State Zip 10, Deed Book No. 15609 Page No. Part B. City 0290 State Zip Provide a copy of the most current deed. Company(ies) or firm(s) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet.) It the company or firm is a sole proprietorship, the name of the owner or manager may be listed as the financially responsible party. Stanley Martin Homes, LLC. WillingRE@StanleyMartin.com Name E-mail Address 820 Forest Point Circle, Suite 100 Current Mailing Address Charlotte, NC 28273 City 820 Forest Point Circle, Suite 100 Current Street Address Charlotte, NC 28273 State Zip City Telephone980-880-4466 Fax Number State Zip 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 Current Street Address State Zip City Telephone Fax Number State Zip (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: CT Corporation _ Name of Registered Agent E-mail Address 160 Mine Lake Ct, Suite 200 Current Mailing Address Current Street Address Raleigh, NC 27615 City State Zip City State Zip Telephone212 894-8940 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 fort 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. Ron Willing Senior Land Development Manager Type r'nt name Signature Title or Authority 1/11/22 Date a Notary Public of the County of Mctkt b� State of North Carolina, hereby certify that ?A., Li'l."5 appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my hand and notarial seal, this HALEY WINTERS NOTARY PUBLIC Mecklenburg County North Carolina my Corn iss- Fxp�s April f 2, 2022 day of V , 20 My c064n expires _IT ' _t°zZ 15609 0290 FILED ELECTRONICALLY CABARRUs COUNTY NC M. iOLYNE NIXON FILED Oct 27, 2021 AT 04:25:00 PM BOOK 15609 START PAGE 0290 END PAGE 0294 INSTRLRMNT # 45918 EXCISE TAX $26,341.00 SPECIAL. WARRANTY DEED Excise Tax: $20,341.00 Tax Pared ID No.553743-9533 and 5537-42-3527 Verified by Cabarrus County On the L--- day of 0CA OVW%&_ , 20_IA_ By: MalVBox to: 12104 Copper Way, Unit 201, Charlotte, NC 28277 This instrument was prepared by: Harvey & Vallini, PLLC Brief description for the Index: 262 Acres Flowes Store Road THIS DEED, made this the 27th day of October, 2021. by and between GRANTOR: BRD Land & Investment, LP, a South Carolina Limited Parfiershlp , as converted to BRD Land & Investrnenk, a South Carolina general partnership, the Articles of Merger Limited Partnership with and into General Partnership are attached hereto and incorporated herewith as Exhibit A whose mailing address Is 259 Texxtiie Way, Ste 102, Fort MID, SC 29715 (herein referred to collectively as Grantor) and GRANTEE: Stanley Martin Homes, LLC, a Delaware Limited Liability Company whose mailing address is 11710 Plaza America Drive, Suite 1100, Reston, VA 20190 (herein referred to collectively as Grantee) ,[Include mailing address for each Grantor and Grantee, marital status of each individual Grantor and Grantee, and type of entity, e.g., corporation, Andled liability company, for each nondndlvfduW Grantor and Grantee.J WITNESSETH: For valuable consideration from Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby gives, grants, bargains, sells and convoys unto Grantee in fee simple, subject to the Exceptions and Reservations hereinafter provided, if any, the following described property located in the City of Concord, County of Cabarrus, State of North Carolina. more particularly described as follows: Lying and being in Number 1 Township, Cabarrus County, North Carolina, on the west side of Fkmms Store Road (SRtf 1132), on the East Side of Reedy Creek, and on the south side of Rocky River, and being more particuarly described as follows: RevisedDEsubmitted electronically by "Harvey b vallini, LLC' In compliance with North carolina statutes governing recordable documents and the terms of the Memorandum of understanding with the office of the Register of Deeds of cabarrus county. NCCS 47-14(ai)(S). 15609 0291 BEGINNING at an existing W iron pipe below pavement surface in the centerline of Ficwes Store Road a corner of L N. Roy and wlfie Grace Roy(Oeed Book 231, Page 241), and runs thence five(5) courses and with Roy, as follows: (1)S 53-WI0 W 502.11 feet to an existing %" pipe; thence (2) 8.04-38-51 E 127.58 feet to an existing K' pipe, thence (3) S 25418-22 E. 160.78 feet to an existing IN pike, thence (4) S 49-54-09 E. 187.49 feet to an existing'/." pipe (pinched), and thence (5) S 59-24-30 E 261.30 feet to an existing 1" pipe (pinched) in the line of Herbert L. McCurdy and wife, Doris B. McCurdy (Deed Book 374. Page 224), a comer of Roy, thence with the fine of McCurdy, Charles Henry Pope and wife, Jolene K Pope (Deed Book 368, Page 114), and Roy R. Sides and wife, Beulah May Sides(Deed Book 364, Page 73), S 07-34-36 W (passing an existing I" pipe (pinched) at 98.25 feet, a comer of McCurdy and Pope), 884.87 feet to an existing'/+" pipe in the line of Sides; thence S 75-33-59 W 790.31 feet to existing r, pipe, a comer of Creole L. Smith and husband Bruce A Smith (Book 857, Page 128) and of Lot No. 11 of the Voluntary Petition of Henry Asbury Estate Lands (Map Book 25, Page 28): thence with the lines of Lot Nos. 11, 10. 9, 8, 7, and 6, and of Smith, Henry W. Asbury, Jr. (Book 857. Page 119). Haywood Asbury (Book 1453. Page 115) Haywood Asbury and wife, Willie Mae Asbury (Book 857, Page 125). Kato B. Asbury (Book 857, Page 113) and Helen C. Asbury (Book 857, Page 116). N. 66-53-17 W [passing an existing 314" pipe at 270.34 feet, an existing'/,' pipe in stone pile at 486.22 feet, an existing'/,' pipe 1.13 feet off line at 699.85 feet, an existing 3J4"pipe 1.25 feet off line at 911.07 feet, an existing %" pipe in stone pile 0.32 feet off line at 1221.59 feet] 1380.51 fleet to an existing #4 rebar in stone, a comer of Helen C. Asbury (and of Lot No.6) and Jerald R Gibson and Kent V. Gibson (Book 1027, Page 222); thence two (2) courses and dances with the line of Gibson as follows: (1) S.67-28-05 W.(passing existing #4 rebar at 400.75 feet and at 714.85 feet)1003.14 feet to an existing #4 rebar in stone; and thence (2) N. 1046-44 W. 1065.39 feet to an existing W rebar in old creek bed; thence N 53-M-59 E. 232.02 feet to an existing 314" threaded rod; thence N. 05.5443 E. 98.97 feet to an existing iron rod; thence N 34-29-00 W 65.96 feet to an existing '/." smooth rod; theme N. 71-16-06 W 197.82 feet to an existing'/4' smooth rod; thence S. 6C-28-55 W 478.50 feet to a point in Reedy Creek; thence forty-two (42) courses and distance with Reedy Creek as follows: (1) N25-34-59 W. 21.12 feet to a Point; thence (2) N. 58-28-07 W. 60.74 feel to a point; thence 3) N. 06A6-12 W 77.05 feet to a point; thence (4) N. 21-22-35 W. 113.94 fleet to a point; theme (5) N 07-29-49 W. 199.28 feet to a point; thence (6) N. 05-49-55 E.36.66 feet. to a point; thence (7) N. 2146-55 E.34.60 feet to a point thence (8) N 62-48-55 E. 310.85 feet to a point; thence (9) N. 564&31 E. 306.53 feet to a point; thence (10) N. 26-54-27 E 118.43 feel to a point; thence (11) N. 19- 06-34 W. 42.42 fleet to a point thence (12) N.66-00-22 W.68.32 feet to a point; thence (13) 85-3D-28 W. 126.90 feet to a point; thence (14) N. 80-58-33 W. 197.37 feet to a point; thence (15) N. 44-5240 W 32.54 feet to a point; thence (16) N. 01-03-63 E. 49.80 feet to a point; thence (17) N. 50-05-31 E. 52.57 feet to a point; thence (18)N. 78-16-31 E. 102.76 feet to a point; thence (19) N. 5442-31 E.113.01 feet to a point; thence (20) N. 20-67-24 E. 360.71 feet to a point; thence. (21) N. 0"2-18 E. 253.23 feet to a point; thence (22) N. 05-05-43 W. 89.07 feet to a point; thence (23) N. 68-37-M W. 81.23 feet to a point thence (24) S. 57- W12 W. 97.84 fleet to a point; thence (25) S. 4840D-46 W. 111.02 feet to a point; thence (28) S. 30-26-49 W. 105.28 feet to a point; thence (27) S. 57-06-42 W 118.61 feet to a point; thence (28) S. 68-21-27 W. 208.55 feet to a point; thence (29) N. W14-47 W. 65.02 feet to a point; thence (30) N. 51-08-67 W. 78.13 feet to a point, thence (31) N. 39-08Z9 W. 230.27 feet to a point; thence (32) N. 26-53-55 W. 72.30 to a point thence (33) N. 13-10-18 W 455.87 feet to a point; thence (34) N. 42-02-02 W. 212.59 feet to a point; thence (35) N. 19-33-00 W. 101.83 feet to a point thence (36) N. 36-0640 E. 32.39 feet to a point; thence (37) N. 54-23-37 E. 58.04 feet to a point, thence (38) N. 62-21-00 E. 252.61 feet to a point; thence (39) N. 80-21-31 E. 96.13 feet to a point; thence (40) S. 72-33-44 E. 270.82 to a point; thence (41) S. 5848-12 E. 432.10 feet to a point; and thence (42) S. 59-11-15 E. 118.52 feet to a point near the intersection with Rocky River, thence leaving Reedy Creek and entering Rocky River, S. 56-30-52 E. 153.76 feet to a point in Rocky River, thence continuing with Rocky River iweive (12) courses and distances (1) S. 45-19-29 E. 228.98 feet to a point, thence (2) S. 64-03-69 E. 229.29 feet to a point thence (3) S. 77-2749.E. 336.56 feet to a point thence (4) S.87-14-33 E. 88,38 feet to a point; thence (5) N.76-35-51 E. 82.80 Beet to a point; thence (6) N. 52 14-51 E. 434.80 feet to a point; thence (7) N. 40-17-36 E. 165.34 feet to a point; thence (8) N. 19-04-11 E. 240.50 feet to a point; thence (9) K05-2247 E. 383.08 feet to a point; thence (10) N. 08-28-56 W. 223.76 feet to a point; thence (11) N. 22-25-27 W. 383.10 feet to a point; thence (12) NOB-07-21 W. 226.13 feet to a point and thence (13) S. 48-47-56 E 69.59 feet to an existing 314" pinched pipe 3 feet below grade on the south bank of Rocky River, and in the line of H. L .Small, Sr. and wife Thelma H. Small (Deed Book 308. Page 578); thence with the line of Small, and with an old road bed S.48-47-56 E. 651.25 feet to an existing pinched pipe below pavement surface in the centerline of Flowes Store Road; thence five (5) courses and distances with the oenterline of Flowes Store Road as follows: (1) S 1847-22 E 529.63.feet to a set PA. nail; thence (2) as said roadway curves in a generally southeasterly direction, at a radius of 950.00 feet for an arc distance of 348.13 feet to a set p.k., nail, a Comer of Jeffrey Lynn Small, Sr_ and wife, Paula Linker Small (Deed Book 637, page 265) and Edwin E. Roy, Jr. and wife, Brandy A White (Hook 1016, Page 43), thence (3) S 39-47-M E 440.05 feet to a set PA. nail In the line of Edwin E. Roy (Deed Book 613. page 222); thence (4) S. 40-02-34 E 1336.36 feet to a set p.k. Nail in the line of McCurdy; and thence (5) S.42-07-00 E. 115.91 feet to the point of BEGINNING, containing 262,421 acres, as surveyed by Scott L Hunter, RLS of ESP Associates, P.A, May 1, 1997. This being the same property conveyed to BIRD Land & Investment, LP, a South Carolina Limited Partnership by deed of James Grady Cook and Brenda E. Cook, dated May 6, 2021 and recorded May 10, 2021, In the Revised December 17, 2W9 15609 0292 Cabarrus County Recording Office in Book 16158 at Page 333, and also by Quit Claim Deed of James Grady Cook and Brenda E. Cook dated May 6, 2021 and recorded May 10, 2021 to Book 15158 at Page 336.. All or a portion of the property herein conveyed includes "or does not include [ X) the primary residence of a Grantor. TO HAVE AND TO HOLD unto Grantee, together with all privileges and appurtenances thereunto belonging, in fee simple, subject to the Exceptions and Reservations hereinafter and bereinabove provided. If any. And Grantor hereby warrants that Grantor is seized of the premises in fee and has the right to convey same in flee simple, that title is marketable and is free and dear of encumbrances other than as set forth herein, and that Grantor will brever warrant and defend the title against the lawful claims of all persons or entities whomsoever. This conveyance Is made subject to the following Exceptions and Reservations: ANY EASEMENTS, RIGHTS -OF -WAY AND RESTRICTIONS OF RECORD AND THE LIEN FOR THE CURRENT YEAR AD VALOREM TAXES WHICH HAVE BEEN PRORATED AT CLOSING AND THE GRANTEE HEREIN ASSUME$ AND AGREES TO PAY. All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and assigns, and shal include the singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Gra r has duly executed the foregoing as of the day and year first above written. BRD n ent, a h Carolina general partnership ay' (SEAL_) Tim'Samuels, A61fibrized Agent County of l certify that the following person(s) personally appeared Tim Samucls as Authorized Agent of BRD Lind & Investment befo this day, acknowledging to me that he or she signed the foregoing document�e Date: "0-13 Notary's Printed or My Commission Expires:,,_ ��a Cd Revised Peoemher 17, 2009 ENDRI MINCE Notary Public, North Carolina Mecklenburg County My Commission Expiraa April 0$, 202B CERTIFIED TO BE ATRUE AND CORRECT COPY AS TAKEN FROM AND COMPARED WITH THE ORIGINAL ON FILE IN THIS OFFICE 1 A106 1B 2021 REFERENCE iD, OS0207 15609 0293 File TO: 210802-1613111 Filing Date: 07/30/2021 ARTICLES OF MERGER LAVIMI) PARTNERSHIP WITH AND INTO GENERAL PARTNERSHIP Pursuant to Sections 3342-2120 and 3341-1310 of the 1976 South Carolina Code of Laws, as amended, the undersigned as the Surviving General Partnership, delivers to the Secretary of State these Articles of Merger executed by the Surviving General Partnership and the Merging Limited Partnership which Merging Limited Partnership is merging with and into the Surviving General Partnership governed under the South Carolina Uniform Partnership Act (the "Act". l . The name of the Surviving General Partnership is: BRD Land & Investment. The address of the Surviving General Partnership is: 259 Textile Way, Suite 102, Fort Mill, South Carolina 29715. The jurisdiction of the Surviving General Partnership is South Carolina. The surviving entity is a general partnership organized under the Act by that certain Agreement of Partnership dated December 17, 2020. 2. The name of the Merging Limited Partnership is: BRIT Land & Investment, LP. The jurisdiction of the Merging Limited Partnership is South Carolina. The Certificate of Limited Partnership of the Merging Limited Partnership on file with the South Carolina Secretary of State was filed on March 13, 2018. 3. The plan of merger has been approved by the required partner consents and is signed by the Surviving General Partnership and the Merging Limited Partnership. 4. The effective date of the merger is upon the filing of these Articles of Merger. 5. Upon the effective date, the Merging Limited Partnership small merge with and into the Surviving General Partnership and the Merging Limited Partnership shall cease to exist. 6. A copy of the plan of merger will be furnished by the Surviving General Partnership on request and without cost, to a partner of the Surviving General Partnership and/or the Merging Limited Partnership. SC Secretary of State Mark Hammond r.F.RTIFIED TO BE A TRUE AND aMRECr OM 15609 0294 AS TAKEN FROM AND OOP A W WITH THE ORIGINAL ON FILE IN THIS OFFICE Aug 18 2021 REMENCE ID: 850207 Dated July 22°d July, 2021 SURVIVING GENERAL PARTNERSHIP: BRD LAND & INVESTMENT, a South Carolina General Partnership By: BRD Land & Investment Management, LLC, Managing General Partner O By: Vernon Lindsay Jarvis, Managing Director of Managing General Partner 2 MERGING LIMITED PARTNERSHIP: BRD LAND & 1,NNWTII ENT, LP a South Carolina Limited PartnersW By: BRD land & Investment Management, LLC, General Partner k' ! f D By: Vernon Lindsay Jarvis, Managing Director of General Partnership