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HomeMy WebLinkAboutNCC232444_FRO Submitted_20230814 Check if this project is ARPA-funded 0 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 NCGO1 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 Town of Holly Springs Operations Campus - Phase 1A *If this project involves American Rescue Plan Act (ARPA) funds, list the Project Name below under which you applied for funding through the Division of Water Infrastructure (DWI). 2. Location of land-disturbing activity: County Wake City or Township Holly Springs Highway/Street 0 I rving Pkwy Latitude decimaid degrees)35.646359 -78.854976 ( es ) Longltude�decima�degrees) 3. Approximate date land-disturbing activity will commence: Spring/Summer 2023 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Municipal 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 15+1=16 6. Amount of fee enclosed: $ 1500+100=1600 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 x❑ No ❑ 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name Kimberly Keyes E-mail Address kimberly.keyes@hollyspringsnc.gov Phone: Office# 919-557-2929 Mobile# 9. Landowner(s)of Record (attach accompanied page to list additional owners): Town of Holly Springs Name Phone: Office# Mobile# P.O. Box 8 128 S Main Street Current Mailing Address Current Street Address Holly Springs, NC 27540 Holly Springs, NC 27540 City State Zip City State Zip 10. Deed Book No. 18267 Page No. 2717 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). Town of Holly Springs randy.harrington@hollyspringsnc.gov Company Name E-mail Address P.O. Box 8 128 S Main Street Current Mailing Address Current Street Address Holly Springs, NC 27540 Holly Springs, NC 27540 City State Zip City State Zip Phone: Office# 919-557-3924 Mobile# 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. N/A 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. Rand Harrington Town Manager Type intt na Title or Authority /,,,X,7 Sig ature 1 Date I, r r- , L L,0\-\ , a Notary Public of the County of (,k-btke State of North Carolina, hereby certify that a-r, J J . \-cr r‘ .s-zArm appeared personally before me this day and being duly sworn acknowle d that the above form was executed by him/her. Witness my hand and notarial seal, this I I9 ' day of ,) �l . , 20a3 -/??,& . l_Z-16-6 Notary My commission expires 3-y-a3 KATHRYN L WHITE NOTARY PUBLIC WAKE COUNTY,NC My Conirseion Expires 3.4-2025 Continued from Items 9 & 10 in Part A of the Financial Responsibility/Ownership Form for multiple owners. Attach copies of this page as needed to list all landowners. Landowner 2 of Record: 301 GREEN OAKS, LLC Chris Brewer 813-598-7344 Name Phone: Office# Mobile# 400 North Ashley Drive, Suite 1100 351 GREEN OAKS PKWY Current Mailing Address Current Street Address Tampa, FL 33602-4324 Holly Springs, NC 27540 City State Zip City State Zip Deed Book No.019087 Page No. 01093 Provide a copy of the most current deed. Landowner 3 of Record: FERGUSON ENTERPRISES INC Beth Jones 757-509-6959 Name Phone: Office# Mobile# 12500 JEFFERSON AVE 100 BUMGARDNER DR Current Mailing Address Current Street Address NEWPORT NEWS VA 23602-4314 Holly Springs, NC 27540 City State Zip City State Zip Deed Book No.017269 Page No.01754 Provide a copy of the most current deed. Landowner 4 of Record: S E Q I R U S INC Rodney Lam 919-397-1132 Name Phone: Office# Mobile# 475 GREEN OAKS PKWY 0 HOLLY SPRINGS NEW HILL RD Current Mailing Address Current Street Address HOLLY SPRINGS NC 27540-7976 Holly Springs, NC 27540 City State Zip City State Zip Deed Book No. 016104 Page No. 01384 Provide a copy of the most current deed. Landowner 5 of Record: N/A Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. NORTH CAROLINA SPECIAL WARRANTY DEED WITH EASEMENT RESERVATION Site No.: 104528 Land Unit No.: 1182958 Project No.: 104528-462684 Excise Tax: $1,946.00 Tax Parcel Identifier No.: Portion of 0638454415 Verified by County on the day of ,20 By: Mail/Box to: Grantee This instrument was prepared by: Smith,Anderson,Blount,Dorsett,Mitchell&Jernigan,L.L.P.(DWB) [Without title examination. No title opinion is expressed directly or indirectly by our preparation of this deed] Brief description for the Index: 30.9499 acres,more or less,Holly Springs Twp. (BM 2020 PG 1131 ) THIS DEED made this 22nd day of December,2020,by and between GRANTOR GRANTEE DUKE ENERGY PROGRESS,LLC, TOWN OF HOLLY SPRINGS, a North Carolina limited liability company a North Carolina municipal corporation do Data&Document Management P.O. Box 8 550 South Tryon Street DEC 22A Holly Springs,North Carolina 27540 Charlotte,North Carolina 28202 The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns, and shall include singular,plural,masculine,feminine or neuter as required by context. WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, subject to the restrictive covenants herein set forth and distribution easement reserved unto Grantor herein as set forth on Exhibit B attached hereto and incorporated herein by reference,all of that certain tract,lot,or parcel of land situated in Holly Springs Township,Wake County,North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference(the"Property") #8550356v1 NC Bar Association Form No.6®1/12010,2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association North Carolina Bar Association—NC Bar Form No.6 Submitted electronically by "David N. Bryan, P.A." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Wake County Register of Deeds. All or a portion of the Property herein conveyed does not include the primary residence of Grantor. A map showing the Property described on Exhibit A hereof is recorded in Book of Maps 2020,Page 2133 ,Wake County Registry. The Property conveyed in this Deed shall g include any land below the 260-foot contour or any right,title,or interest whatsoever in or to Grantor's lines,facilities,fixtures,equipment and/or other personal property now located at the Property(if any)or as the same may hereafter be located upon the Property and that shall remain at the Property pursuant to the terms and conditions of the distribution easement herein reserved by Grantor in Exhibit H hereof. RESTRICTIVE COVENANTS Grantee,by the acceptance of this conveyance and the recording of this Deed, on behalf of itself,its successors, assigns,and any subsequent owner(s)of an interest in the Property,agrees that the Property is and shall be subject to the following restrictive covenants, which shall burden and run with title to the Property (collectively the "Restrictive Covenants"): 1. The Property shall not be used for residential purposes. 2. Any and all development, operations, construction, and/or land-disturbing activities conducted at the Property(or any portion thereof)(A)shall comply with all applicable federal,state,and local laws,regulations,ordinances and requirements(including without limitation all permitting requirements)of federal,state and local governmental agencies having jurisdiction associated with or pertaining to protection of surface water quality,protection of groundwater,storm water runoff and storm water management,erosion and sedimentation control,wetlands,stream and riparian buffers,and floodplains(collectively the'Water Quality Laws"), and (B)shall be designed,implemented,managed,conducted, and maintained in a manner that avoids and minimizes any illegal discharges or adverse impacts to Harris Lake,Utley Creek,Thomas Mill Pond; streams, surface waters, wetlands, riparian buffers, and floodplains. Permanent storm water conveyances and permanent storm water control measures shall be designed, installed, operated, and maintained on the Property(and on each portion or outparcel of the Property that is individually developed)to the extent required by and in accordance with applicable Water Quality Laws. 3. Prior to commencing each and every phase of development,construction or land-disturbing activities for which applicable Water Quality Laws requite the person conducting and/or the person financially or otherwise responsible for the construction or land-disturbing activity(the"Responsible Party")to obtain, secure coverage under, and/or maintain any storm water permit or storm water management plan, the Responsible Party shall submit a copy of its proposed storm water management plan(s)to Duke Energy Progress, LLC (addressed to Duke Energy Progress, 5413 Shearon Harris Road,New Hill,N.C. 27562, Attention:Lead EHS Professional)and provide a reasonable opportunity for Duke Energy Progress,LLC to review and comment upon such plan(s)during the development,implementation and closure of such plan(s). 4. Grantee further acknowledges and agrees that Grantor, Grantee, and their respective successors and assigns shall have the right to enforce any violation(s)of the aforesaid Restrictive Covenants pursuant to any available remedies at law or equity,including without limitation the right to bring an action in the Superior Court of Wake County or any other proper venue in the State of North Carolina seeking a mandatory injunction and/or any other appropriate relief to enforce the Restrictive Covenants. #8550356v1 NC Bar Association Form No.6 01/1/2010,2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association North Carolina Bar Association—NC Bar Form No.6 tutu\nuntur Guvenauts whit urantee,treat%ra nor nas cone nowmg to impair sum nue as uranror Ieceivea,ana Grantor will warrant and defend the title against the lawful claims of all persons claiming by,under or through Grantor,other than the following exceptions: 1. The distribution easement reserved unto Grantor in Exhibit B hereof; 2. The Restrictive Covenants set forth in this Deed; 3. All real and personal property taxes and assessments for 2020 and subsequent years not yet due and payable; 4. All present and future environmental and zoning laws, ordinances, resolutions, orders, and regulations of all municipal,county,state,or federal governments having jurisdiction over the Property and/or the use thereof; 5. All liens resulting from the performance of any inspections,work,or activities at the Property by or on behalf of Grantee or any of Grantee's employees,contractors,surveyors, agents,or representatives; 6. All building codes,regulations, ordinances,and restrictions heretofore or hereafter adopted by a public agency, insurance and rating codes and regulations,and any other laws,regulations,ordinances,or requirements affecting the Property and/or its use as heretofore or hereinafter adopted by any federal,state,or local governmental authority having jurisdiction over the Property and the use thereof; 7. Any and all utility easements and rights of way record affecting the Property; 8. Any and all public transportation,mad,and railroad easements and/or rights of way affecting the Property; 9. Any stream buffers affecting the Property or its use that are regulated by governmental authorities having jurisdiction and the rights of others in and to the continued uninterrupted flow of any creeks or streams crossing the Property; 10. All matters shown on that certain plat entitled"Exempt Subdivision& Easement Plat Property of Duke Energy Progress,LLC"(DEP Map No. 104528-007066)dated May 1,2020 (last revised October 7,2020),prepared by Bass,Nixon&Kennedy,Inc.Consulting Engineers,which is recorded in Book of Maps 2020,Page 2233 ,Wake County Registry; 11. All matters that would be revealed by a current survey of the Property;and 12. Grantor's Mortgage and Deed of Trust, dated May 1, 1940, and recorded in Book 845, Page 1,Wake County Registry,as supplemented. (Grantor shall apply for,obtain,and record in the Wake County Registry a release for said Property from said lien within one(1)year after the date this Deed is recorded.) [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW.] #8550356v1 NC Bar Association Form No.6 01/1/2010,2013 This standard loin'has been approved by: Printed by Agreement with the NC Bar Association North Carolina Bar Association-NC Bar Form No.6 DUKE ENERGY PROGRESS,LLC, a North Carolina limited liability company By: 5";‘, Name: Eric J.Rouse Title: Director,Land Services STATE OF NORTH CAROLINA COUNTY OF ROWAN I, the undersigned Notary Public of Powa_j County,North Carolina, certify that Eric J. Rouse personally came before me this day and being personally known to me or proven by satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged that he is the Director,Land Services,an authorized representative of DUKE ENERGY PROGRESS,LLC,a North Carolina limited liability company,and that he,in such capacity,being authorized to do so,executed the foregoing instrument on behalf of the limited liability company for the purposes stated therein. Witness my hand and notarial stamp or seal,this 22 day of December,2020. 1/1?‘'). .Ire _- I Notary Public Signature My Commission Expires: 6(1 ul 2-1-1 Kam F 1/1Q1- Notary Public's Printed or Typed Name `\"s"I II1/I//,// (Affuc Notary Stamp/Seal) \`\`�� P�E f!S y�`,P,';:,/ NOTARY PUBLIC I WI MO #8550356v1 NC Bar Association Form No.6©L/1/2010,2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association North Carolina Bar Association—NC Bar Form No.6 (DESCRIPTION OF THE PROPERTY) Lying and being in Holly Springs Township, Wake County,North Carolina and more particularly described as follows: Being all of"LOT 1"containing 30.9499 acres,more or less,as the same is shown and more particularly described on that plat of survey entitled`Exempt Subdivision&Easement Plat Property of Duke Energy Progress, LLC" (DEP Map No. 104528-007066) dated May 1, 2020 (last revised October 7, 2020), prepared by Bass,Nixon&Kennedy,Inc.Consulting Engineers,which is recorded in Book of Maps 2020, Page 2/33.Wake County Registry,which is incorporated herein by reference and to which reference is made for a more particular description. The above-described Property is a portion of the land described in that deed from Southern Pine Management Company to Carolina Power&Light Company recorded on October 9,1970,in Book 1952, Page 175,Wake County Registry. N8550356v1 NC Bar Association Form No.6®1/1/2010,2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association North Carolina Bar Association—NC Bar Form No.6 SUBJECT TO AND FURTHER RESERVING unto the Grantor,Duke Energy Progress, LLC ("DEP"),its successors,lessees,licensees,transferees,permittees,apportionees,and assigns,the perpetual right,privilege,and easement to go in and upon the Property hereinabove-described on Exhibit A hereof, and to construct,reconstruct,operate,patrol,maintain,inspect,repair,replace,relocate,add to,modify,and remove electric and/or communication facilities thereon,including but not limited to,supporting structures such as poles,cables,wires,guy wires,anchors,underground conduits,enclosures/transformers,vaults,and manholes,and other appurtenant apparatus and equipment(collectively the"Facilities)within an easement area thirty (30) feet wide for the overhead portion of said Facilities and twenty (20)feet wide for the underground portion of said Facilities,together with an easement area ten(10)feet wide on all sides of the foundation of any DEP enclosure/transformer,vault or manhole(the"Easement Area"),for the purpose of transmitting and distributing electrical energy and for communication purposes of DEP and Incumbent Local Exchange Carriers. The centerline of the Facilities shall be the centerline of the Easement Area. The right,privilege and easement reserved by DEP herein shall include the following rights: (a) ingress and egress over the Easement Area and over adjoining portions of the Property (using lanes, driveways and paved areas where practical as determined by DEP); (b) to relocate the Facilities and Easement Area on the Property to conform to any future highway or street relocation, widening or improvement;(c)to trim and keep clear from the Easement Area,now or at any time in the future,trees, limbs,undergrowth,structures or other obstructions,and to trim or clear dead,diseased,weak or leaning trees or limbs outside of the Easement Area which,in the opinion of DEP,might interfere with or fall upon the Facilities;(d)to install guy wires and anchors extending beyond the limits of the Easement Area;and (e)all other rights and privileges reasonably necessary or convenient for DEP's safe,reliable and efficient installation,operation, and maintenance of the Facilities and for the enjoyment and use of the Easement Area for the purposes described herein. DEP shall not install Facilities outside said Easement Area without obtaining another separate easement of record,except for those Facilities that may be installed as set forth above. Notwithstanding anything to the contrary herein,it is understood and agreed that (1)the easement herein reserved is for DEP's Facilities to be installed at any point where needed on the Property and/or where needed to serve adjoining lands,portions of which Facilities may be installed immediately,and other portions installed in the future as the need develops; and (2) any such easement and Facilities shall be installed at locations mutually agreeable to DEP and Grantee. 118550356v1 NC Bar Association Form No.6 01/1/2010,2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association North Carolina Bar Association—NC Bar Form No.6 Return to: Von Crook First National Financial Title Services,LLC 3301 Windy Ridge Parkway,Suite 300 . Atlanta,GA 30339 770-916-4347-NC252109267V Excise Tax:$ /Z) 9 74.00 Real Estate ID No: 0371952 and 0036550 Prepared WITHOUT TITLE EXAMINATION OR TAX ADVICE by: Longleaf Law Partners(DEM) 4509 Creedmoor Road, Suite 302 Raleigh,NC 27612 After Recording: Mail to Grantee Brief Description for the Index: 301 and 351 Green Oaks Parkway,Holly Springs,NC NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this o)II day of June,2022, by and between: GRANTOR GRANTEE WKI INVESTORS,LLC, 301 Green Oaks,LLC, a North Carolina limited liability company a Delaware limited liability company (" I") Property Address: and 351 Green Oaks Parkway Holly Springs,NC Kwang S. Woo and wife, Inja Woo (collectively, "Woo") 130 Constance Spry Way Durham,NC 27713-7586 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. WITNESSETH, that Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid at and before the delivery of these presents, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, Submitted electronically by "First National Financial Title Services, LLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Wake County Register of Deeds. SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. The Property hereinabove described was acquired by Grantor by instruments recorded in Book 13325,Page 771,Wake County Registry,and Book 17351,Page 1876,Wake County Registry. All or a portion of the Property herein conveyed does not include the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to title 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. Notwithstanding the foregoing, the warranties and covenants by Woo, as Grantor, are expressly limited to the WKI Woo Property as defined in Exhibit A attached hereto. Title to the Property is subject to the following exceptions: SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. [Signature page follows] 1.111\A Vl\• WKI INVESTORS, LLC, a North Carolina limited liability company By: Name: Kwang-W.Woo Title: Managing Member K�Gangg.Woo Inja o0 Wake County,North Carolina I certify that the following person personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Kwang W. Woo, individually and as Managing Member of WKI Investors, LLC. ,tttttttkt11111111/,,,,,,I Date: Zn� 2.0 zo aZ ```��.��1�*.,p;, ITC a �, p CARy �.....:. emu , _ My Commission Expires: a�,= � N -./ '_. Notary Public 1 0 -I - ZoZ Ir t •� �( *,,, ,o080 . rmt Name: [Affix Notary Stamp or Seal] ",,, CoU \ --1F-ulllkllttktt�� Wake County,North Carolina I certify that the following person personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Inia Woo. Date: Sne. zo, ?ozL My Commission Expires: t•tt11EHPPlbIl/ Notary Public 0-iN-7..Lj ,,..,t ',Print Name: keAP� [Affix Notary Stamp or Seal] ; _ �C Ry �°�s a• AU 4. BOG A i.. . ............ .. ''`-till!!PPllkko• Being all of Lot 1, containing 14.3bU acres, as shown on plat of survey recorded in Book of Maps 2Ul9 Pages 342 and 343,Wake County Registry. Tract 2 (the"WKI Woo Property") Being all of Lot 2, containing 15.0000 acres as shown on plat entitled "exempt subdivision plat for G&G Properties, Holly Springs, Wake County,NC", dated 3/10/08,prepared by Bass,Nixon& Kennedy, Inc. and recorded in Book of Maps 2008,Page 600, Wake County Registry. 2. Zoning ordinances and all other development ordinances, governmental requirements, rules and regulations affecting the Property. 3. Easements for the installation or maintenance of public utilities serving the Property. 4. Permanent drainage easements, 10' and 20' public utility easements, permanent slope easements 50' Neuse riparian buffer shown on plats recorded in Book of Maps 2008 at Page 600, Book of Maps 2018 Pages 1892 and 1893, and Book of Maps 2019 Pages 342 and 343 and plottable matters approximately shown on Survey. 5. Matters shown on right of way dedication map recorded in Book of Maps 2005 at Page 85,including a permanent slope easement and approximately shown on Survey. 6. Deeds of Easement recorded in Book 3588 at Pages 622 and 625 and approximately shown on Survey. 7. Easement(s)to Carolina Power&Light Company recorded in Book 4743 at Page 190. 8. Deed of Easement recorded in Book 6704 at Page 543 and approximately shown on Survey. 9. Department of Transportation right of way recorded in Book 8308 at Page 09. 10. Consent Judgment-taking of property recorded in Book 8732 at Page 592. 11. Sloping and landscaping easement set forth in Temporary Construction Easement recorded in Book 9845 at Page 410 and approximately shown on Survey. 12. Less and except any portion of subject property conveyed by Special Warranty Deed from WKI Investors, LLC to Ferguson Enterprises, Inc. recorded in Book 17269 Page 1750 and approximately shown on Survey. 13. Terms, conditions, easements, restrictions and assessments set forth in Declaration of Covenants, Conditions and Restrictions for Holly Springs Business Park recorded in Book 13036 Page 1807. 14. Public Utility Easement(20) feet in width as shown on the recorded Book of Maps 1990 Page 160 and approximately shown on Survey. 15. Permanent Drainage Easement recorded in Book of Maps 2005 Page 1484 and approximately shown on Survey. 16. The following matters shown on ALTA/NSPS Land Title Survey prepared by Thomas E. Taebo,NC PLS No. L-3920 on behalf of Bohler Engineering dated October 22, 2021, last o. tiny anu an npariau rxgnts of miters in arm to any creexs, ravers, taxes, streams or other bodies of water or waterways located on or adjoining the Property or any part thereof. c. Portion of gravel road traverses the south adjoiner property. d. Sign located outside of property line. e. Water, sewer, gas, storm water drainage and electric lines not in defined easement areas. STATE OF NORTH CAROLINA COUNTY OF WAKE SPECIAL WARRANTY DEED Prepared by THOMAS A.EARLS,ATTORNEY AT LAW (WITHOUT TITLE EXAMINATION OR TAX ADVICE After recording mail to GRANTEE Revenue Stamps:$ 2,45O.00 Tax ID# O( 92IOG 2S THIS DEED,made this 4 day of September, 2018, from G&G PROPERTIES, a North Carolina general partnership ("Grantor") to FERGUSON ENTERPRISES, INC., a Virginia corporation ("Grantee"), having an address at 12500 Jefferson Avenue, Newport News,Virginia 23602 Attention: Legal/Real Estate. The designation Grantor and Grantee,as used herein, shall include said parties, their heirs,successors, and assigns,and shall include singular,plural,masculine feminine or neuter as required by context. WITNESSETH, that Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid at and before the delivery of these presents, 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 Grantee in fee simple, all of that certain tract or parcel of land, with improvements thereon and appurtenances thereto belonging, lying, being and situate in Holly Springs Township, Wake County, North Carolina and being more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference as if fully set forth herein(the "Property"). The Property was acquired by Grantor by instrument recorded in Book 4384, Page 258, Wake County Registry. • Submitted electronically by Stewart Title Guaranty-Commercial Services in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Wake County Resister of Deeds, ayyLu Lclluuc;cs ulerew oetonging Io urantee in tee simple. 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 following exceptions: (i) the lien of real estate taxes for 2018 and subsequent years, (ii) taxes imposed by special assessment and water, sewer, vault, public space and other public charges which are not yet due and payable, (iii) all applicable laws (including zoning, building ordinances and land use regulations), and (iv) all easements, restrictions, covenants, agreements, conditions, and other matters of record. Except as otherwise set forth in the Agreement for Purchase and Sale of Real Property between the parties, as amended, Grantor makes no warranty or representation as to the condition of the Property or any improvements thereon, including without limitation, any latent or environmental defects in the Property or in any improvements thereon and the serviceability or fitness for a particular purpose of the Property or any improvements thereon, and Grantee accepts the Property and any improvements thereon "AS IS"without recourse against Grantor. [SIGNATURES AND NOTARIAL ACKNOWLEDGEMENTS APPEAR ON FOLLOWING PAGES] 1KUlic emu uc11VC1cU ttb UL LUC UGLLc 1116L illJUVC W1I Loll. G&G PROPERTIES, a North Carolina General Partnership By: ROBERT S. GRIFFIN, GE RAL PARTNER • STATE OF NORTH CAROLINA COUNTY OF WAKE I, the undersigned, a Notary Public in and for the County and State aforesaid, hereby certify that Robert S. Griffin, General Partner of G & G Properties, a North Carolina general partnership, personally known to me or known to me by his presentation of his North Carolina Driver's License, personally appeared before me this day and acknowledged the due and voluntary execution of the foregoing instrument as his act and as the act and deed of said partnership. Witness my hand and seal, this IZ day of October, 2018. THOMAS A EARLS NOTARY PUBLIC tid.01442.4G. &r.,_. WAKE COUNTY,NC My Commission Expires 08-10-2019 Notary Public Printed Name of Notary: (STAMP OR SEAL) TWCP A A.SARas My commission expires: IMMO Mill uviivCreu its Ur me sate first above written. G&G PROPERTIES, a North Carolina General Partnership By: W& G INVESTORS, LLC A NORTH CAROLINA LIMITED LIABILITY COMPANY, GENERAL PARTNER By: K ng Sik W , Manager/Member By: ,/ ��".. Robert S. Griffin, Manager M n-t6er STATE OF NORTH CAROLINA COUNTY OF WAKE I, the undersigned, a Notary Public in and for the County and State aforesaid, hereby certify that Kwang Sik Woo and Robert S. Griffin, each personally known to me or known to me by their presentation of their North Carolina Driver's Licenses, each personally appeared before me this day and acknowledged that they are the Managers/Members of W & G Investors, a North Carolina limited liability company, General Partner of G & G Properties, a North Carolina general partnership, and that by authority duly given and as the act of said Iimited liability company, the foregoing instrument was duly and voluntarily executed in its name by them as its Managers/Members and as the act and deed of said partnership. Witness my hand and seal, this day of October, 2018. THOMAS EARLS a. NOTARYARY PUBLIC f4062,„ WAKE COUNT',NC Notary Public My Commission Expires 00.10.2019 Printed Name of Notary: (STAMP OR SEAL) TWo,n4 s A. SAW My commission expires: name and delivered as of the date first above written. G&G PROPERTIES, a North Carolina General Partnership . AM. ' • BY: — ../ll.% /, . JAMES . OCKE , GE ' A L PARTNER STATE OF TEXAS COUNTY OF Dt,(/1 1 I, the undersigned, a Notary Public in and for the County and State aforesaid, hereby certify that James F. Gockel, General Partner of G & G Properties, a North Carolina general partnership, personally known to me or known to me by his presentation of his Texas Driver's License, personally appeared before me this day and acknowledged the due and voluntary execution of the foregoing instrument as his act and as the act and deed of said partnership. Witness my hand and seal, this ri'ay of September, 2018. ��4%;1.0 McLAUGHLIN11 �' ' ( 4\CHANTELN. 29064 Moir i�totazy Public i�%� bra o �£ of i Notary Public MyCOr+r++Elio.May+8, + Printed Name of Notary: _Lkatitte.( 1/Lat-a111.144 My commission expires: 7a /5, kO d-l G&G PROPERTIES, a North Carolina General Partnership By: THE EDWARD W. KOZIAL IRREVOCABLE TRUST, GENERAL PARTNER By: /-9. / Je" ,,ti,::/;► al, rustee , STATE OF COL O COUNTY OF 11) I, the undersigned, a Notary Public in and for the County and State aforesaid, hereby certify that Jeffrey Kozial, personally known to me or known to me by his presentation of his Colorado Driver's License, personally appeared before me this day and acknowledged that he is the Trustee of The Edward W. Kozial Irrevocable Trust, General Partner of G & G Properties, a North Carolina general partnership, and that he duly and voluntarily executed the foregoing instrument on behalf of said trust and as the act and deed of said partnership. Witness my hand and seal, this 44ay of September, 2018. Notary Publi Printed Nam of Notary: (STAMP OR SEAL) &AIRY L. raykki My commissio expires: Ala Qa9N CATHYLBRYAN w BEGINNING at a rebar found in the southern right-of-way line of Green Oaks Parkway, a variable width public right-of-way, having North Carolina Grid Coordinates of N=692,010.57 and E=2,041,568.39, and being the northwestern corner of the property herein described; runs thence with the southern right-of-way line of Green Oaks Parkway South 87 degrees 28 minutes 39 seconds East 77.93 feet to a rebar found; thence continuing with the southern right-of-way line of Green Oaks Parkway South 03 degrees 15 minutes 23 seconds West 25.15 feet to an iron pipe found; thence continuing with the southern right-of-way line of Green Oaks Parkway South 87 degrees 30 minutes 45 seconds East 579.48 feet to an iron pipe found; thence continuing with the southern right-of-way line of Green Oaks Parkway in a generally easterly direction in a curve to the right having a radius of 850.00 feet an arc distance of 320.20 feet (chord bearing and distance: South 76 degrees 43 minutes 15 seconds East 318.31 feet) to a rebar found, the northeastern corner of the property herein described; thence continuing with the southern right- of-way line of Green Oaks Parkway South 03 degrees 34 minutes 01 seconds West 54.52 feet to an iron pipe found; runs thence, leaving the southern right-of-way line of Green Oaks Parkway and with the "Old Property Line" on recorded map hereinafter referred to, South 03 degrees 34 minutes 01 seconds West 500.63 feet to an iron pipe found, the southeastern corner of the property herein described, a corner with Tract 3 of the property of Sequirus Inc. (now or formerly)as described in deed recorded in Book 16104, Page 1384, Wake County Registry; runs thence with the northern line of said Tract 3 North 88 degrees 21 minutes 11 seconds West 910.10 feet to an iron pipe found; thence continuing with the northern line of said Tract 3 North 89 degrees 56 minutes 07 seconds West 40.04 feet to an iron pipe found,the southwestern corner of the property herein described, a corner with Tract 1 of the property of Sequirus, Inc. (now or formerly)as described in deed recorded in Book 16104,Page 1384, Wake County Registry; runs thence with the eastern line of said Tract 1 North 01 degrees 40 minutes 28 seconds East 654.95 feet to a rebar found in the southern right-of-way line of Green Oaks Parkway, the point and place of BEGINNING, containing 13.607 acres, and BEING the western portion of Tract 5, containing 18.694 total acres, as shown on plat of survey dated 09-06-18, entitled "Recombination Plat For Tract 5 and Lot 1 —G&G Properties, LLC., and WKI Investors, LLC— Holly Springs Township, Wake County, North Carolina", prepared by Stuart E. Plante III, Professional Land Surveyor, Robinson & Plante, P.C., and recorded in Book of Maps 2018, Pages 1892-1893,Wake County Registry. BOOK:016104 PAGE:01384 — 01390 Prepared by: William C. Matthews, Jr., Womble Carlyle Sandridge and Rice, LLP, Suite 3500, 301 South College Street,Charlotte,North Carolina 28202 Return to: Thomas H. Johnson, Jr., Nexsen Pruet, 4141 Parklake Ave. Suite 200, Raleigh, North Carolina 27601 No title examination made by the draftsman of this deed. The property conveyed does not include the personal residence of the Grantor. Parcel/Tax ID:0639914852; 0649119084;0649034509 Excise Tax: 2590 crab. Ob STATE OF NORTH CAROLINA ) } NON-WARRANTY DEED COUNTY OF WAKE ) THIS NON-WARRANTY DEED, dated as of the 31st day of July, 2015, by Novartis Vaccines and Diagnostics, Inc., a Delaware corporation, whose mailing address is 350 Massachusetts Avenue, Cambridge, Massachusetts 02139 ("Grantor"), to Seqirus Inc., a Delaware corporation, whose mailing address is 1020 First Ave., King of Prussia, Pennsylvania 19406 ("Grantee"). The designation Grantor and Grantee, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter,as required by context. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land, together with the buildings and improvements thereon erected, situated, lying and being in Wake County, North Carolina and more particularly described as follows (the"Property"): See Exhibit A attached hereto and incorporated by reference herein. WCSR 341055399v8 i Uut i rit,►c wpm me appurtenances ana au me estate ana rtgnis or me urantor in ana to the Property. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to the Grantee,their successors and assigns in fee simple forever. The Grantor makes no warranty, express or implied, to the title to the property hereinabove conveyed. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 WCSR 34055399v8 yC41 l,fSt QUVVC WiILIC,,. NOVARTIS VACCINES AND DIAGNOSTICS, INC.,a Delaware corporation • ,,��i .....:.....��F�, By: 4�'i% �dip••..` A . Name: Eamon Fitzmau ice . .� • 4G� o 1 Title: Chief Financial Officer • ...t•..''ps.%` By: �,��':�$�' j>''� Nam : Kim Parker Title: Assistant Secretary • • - — - �._. STATE OF NORTH CAROLINA ) COUNTY OF WAKE ) I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document: Eamon Fitzmaurice, as Chief Financial Officer of Novartis Vaccines and Diagnostics, Inc. • A.Date: ..} . ,�r►�=�w..,-.2015 /fl21/�cc- O+5 OT BC,<,4official signature of ota ) Ca ARC O/�57�m« .� �I ,Notary Public (Notary's printed or typed name) BL1 +al v • . My commission expires: /?-�-/G item, • WCSR 34055399v8 LUU[N 1 Y Vr wHrib ) I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document: Kim Parker, as Assistant Secretary of Novartis Vaccines and Diagnostics, Inc. Date: 2 7 , 2015 /)15 Ce. 4 f)tia--- jofficlial sign ure of Notary) al,S cc. is At,(I ,Notary Public (Notary's printed or typed name) -'fAN ' • 0 My commission expires: r 2.— '1-/ro 'Q '7. ,2 r 9 41 0G&LIG aG OVNTM 4 WCSR 34055399v8 Legal Description Wake County,North Carolina Lying and being in Wake County,North Carolina,and more particularly described as follows: Tract 1: BEING ALL OF that certain tract or parcel of land situate in the Town of Holly Springs, North Carolina, and shown as Tract 1 containing 157.9149 acres on that plat entitled "RECOMBINATION PLAT FOR NOVARTIS VACCINES & DIAGNOSTICS, INC," prepared by Bass, Nixon & Kennedy, Inc. Consulting Engineers, dated February 9, 2007, and recorded in Book of Maps 2007, Page 807, Wake County Registry. Tract 2: BEING ALL OF that certain tract or parcel of land situate in the Town of Holly Springs, North Carolina, and shown as Tract 4 on that plat entitled "RECOMBINATION PLAT FOR NOVARTIS VACCINES & DIAGNOSTICS, 1NC." prepared by Bass, Nixon & Kennedy, Inc. Consulting Engineers, dated February 9, 2007, and recorded in Book of Maps 2007, Page 807, Wake County Registry. Tract 3: To locate the Point of Beginning, commence at a spike set in Green Oaks Parkway median curb and gutter bearing NC Grid Coordinates North 692,057.970 and East 2,041,445.374; thence proceed from said spike S 02-07-59 E 702.47 feet (ground distance) to an iron pipe found in a southerly line of the property of, now or formerly, Novartis Vaccines and Diagnostics, Inc. as recorded in Deed Book 12119, Page 2155, and Deed Book 12390, Page 2295, both of Wake County Register of Deeds, also being a northeasterly corner of the property of, now or formerly, Progress Energy Carolinas, Inc., as recorded in Deed Book 1952, Page 175, and Deed Book 2172, Page 637, both of the Wake County Register of Deeds and the Point of Beginning. Thence from the Point of Beginning as so located,run along the southerly line of said property of Novartis Vaccines and Diagnostics, Inc. S 89-55-15 E 77.78 feet to an iron pipe found at a southeasterly corner of said property of Novartis Vaccines and Diagnostics, Inc., also being the southwesterly corner of the property of, now or formerly, G & G Properties as recorded in Deed Book 4384, Page 258, of the Wake County Register of Deeds; thence the following two calls along the southerly line of said property of G & G Properties: (1) S 89-55-15 E 40.08 feet to an iron pipe found; and (2) S 88-21-45 E 910.03 feet to an iron pipe found at the southeasterly corner of said property of G & G Properties, also being in the westerly line of the property of, now or formerly, WKI Investors, LLC as recorded in Deed Book 13325, Page 771, of the Wake County Register of Deeds; thence with the westerly line of said property of WKI Investors, LLC S 00-13-52 E 493.34 feet to an iron pipe found at the southwesterly corner of said property of 5 WCSR 34055399v8 •WV. w aaaa uvaa Yary •va.auu, i• vv-Lv-✓✓ yr L.I✓.U✓ 11,4..1 lV all null J1tJG 1UU11U, `4'I) 1V V 1-I J-'+ i1 860.65 feet to an iron pipe found; and (5) N 00-21-50 W 15.88 feet to an iron pipe found, said iron pipe found being the Point of Beginning. Being all of a 14.455 acre tract of land as shown on that certain Boundary Survey for Novartis Vaccines and Diagnostics, Inc. dated May 27, 2011,prepared by Robinson& Plante, P.C. TOGETHER with (but without any representation or warranty) any and all rights and easements appurtenant to the Property and the improvements including, without limitation, the following rights and easements (to the extent such rights and easements exist): (i) all Grantor's right, title and interest in and to all permits, approvals, licenses, signage rights, access rights, rights of way, roadways, streets, sidewalks, utilities and sewers located on or about the Property and used in connection therewith; (ii) all Grantor's right, title and interest in and to any real property lying in the bed of any street or highway in front of or adjoining the Property, (iii) all right, title and interest of the Grantor in, to and under any award to be made in lieu thereof, any unpaid award for damages to the Property and the improvements by reason of change of grade of any street, (iv)all Grantor's right, title and interest in and to all water,ditch, reservoir and well rights, interests and priorities, decreed or undecreed, customarily used with or upon the Property or appurtenant thereto; and (v) all Grantor's right, title and interest in and to any mineral rights with respect to the Property and any development rights with respect to the Property. 6 WCSR 34055399v8 ---••-������ rnv�•v V1J7V • 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. Laura M. Riddick Register of Deeds Wake County Justice Center 300 South Salisbury Street, Suite 1700 Raleigh, NC 27601 ❑ New Time Stamp ❑ $25 Non-Standard Fee ❑ Additional Document Fee ❑ Additional Reference Fee This Customer Group This Document #of Time Stamps Needed #of Pages