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HomeMy WebLinkAboutNCC240421_FRO Submitted_20240214 111 WAKE 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 CARUI.INA 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. Project Name Willow Landing Lot 25 2. Location of land-disturbing activity: Jurisdiction Wake County (Wake Co. or Municipality) Highway/Street7648 Redwood Ridge WayLatitude -78.694 Longitude 35.579 3. Approximate date land-disturbing activity will commence: 2/22/2024 4. Type of development(residential, commercial, industrial, institutional, etc.): Residential 5. Total acreage disturbed or uncovered (including off-site utilities and borrow/waste areas): 0.54 6. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name Jimmy Gaskins E-mail Address jagaskins@kbhome.com Telephone 919-768-7988 Cell# 919-868-5391 Fax# N/A 7. Landowner(s)of Record (attach accompanied page to list additional owners): KB Home Raleigh-Durham, Inc. 919-768-7988 N/A Name(s) Telephone Fax or E-mail address 1800 Perimeter Park Dr., Ste. 140 Same Current Mailing Address Current Street Address Morrisville NC 27560 City State Zip City State Zip 8. Deed Book No. 019501 Page No. 00330 Provide a copy of the most current deed. Part B. 1. Person(s) or firm(s) who are financially responsible for the land-disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet. Include requested information): KB Home Raleigh-Durham, Inc. jagaskins@kbhome.com Name E-mail Address 1800 Perimeter Park Dr., Ste. 140 Same Current Mailing Address Current Street Address Morrisville NC 27560 City State Zip City State Zip Telephone 919-768-7988 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: Doug Schwartz dschwartz@kbhome.com Name E-mail Address 1405 Willow Landing Way Same Current Mailing Address Current Street Address Willow Spring NC 27592 City State Zip City State Zip Telephone 919-768-7988 Fax Number N/A (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: Corporation Service Company compliancemail@cscglobal.com Name of Registered Agent E-mail Address 2626 Glenwood Avenue, Ste. 550 Same Current Mailing Address Current Street Address Raleigh NC 27608 City State Zip City State Zip Telephone 800-927-9800 Fax Number Account#: 7227849 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. Doug Schwartz Division President, KB Home Raleigh-Durham, Inc. Type or print name Title or Authority \-1u 1-v Signature/ Date I, .C\ Q0\�0��— , a Notary Public of the County of(-- thr(- r\ State of North Carolina, hereby certify that to.)c\ appeared personally before me this day and being duly sworn acknowlgdged that the above form was executed by him. Witness my hand and notarial seal, this \ day of �v�v, w\ , 20 Notary Seal ERIN N POLLOCK NOTARY PUBLIC My commission expires .),r Z \1 ' 0)\)\ Johnston County North Carolina My Commission Expires June 17,2024 BK019501PG00330 WAKE COUNTY, NC TAMMY L. BRUNNER REGISTER OF DEEDS PRESENTED & RECORDED ON 12-15-2023 AT 15:04:14 STATE OF NC REAL ESTATE EXCISE TAX: $3,762.00 BOOK: 019501 PAGE: 00330-00334 Excise Tax: $3,762.00 Parcel Identifier No. Lot 1: 0498869, Lot 2: 0498870, Lot 3: 0498871, Lot 24: 0498892, Lot 25: 0498893,Lot 26: 0498894,Lot 39: 0498907,Lot 40: 0498908,Lot 41: 0498909,Lot 42: 0498910, Lot 43: 0498911, Lot 44: 0498912, Lot 45: 0498913, Lot 46: 0498914, Lot 47: 0498915, Lot 48: 0498916, Lot 49: 0498917 and Lot 70: 0498945 This instrument was prepared by: Bagwell Holt Smith P.A., 111 Cloister Court, Ste. 200, Chapel Hill,NC 27514 When recorded, return to: Grantee GRANT DEED WITH REPURCHASE RIGHT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, Willow Landing - Willow Spring, L.P., a Delaware limited partnership ("Grantor"), with a mailing address of 23975 Park Sorrento, Suite 220, Calabasas, CA 91302, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY to KB HOME Raleigh-Durham Inc.,a Delaware corporation("Grantee"),with a mailing address of 4506 S. Miami Blvd., #100, Durham, NC 27703, that certain real property ("Property") in the Middle Creek Township, Wake County, State of North Carolina, which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference,together with all improvements located thereon and all rights,privileges,easements, tenements, and appurtenances pertaining thereto. This conveyance is made subject to all general and special real property taxes and assessments,and covenants,conditions, restrictions,rights of way,rights,interests,easements and reservations of record or otherwise known to Grantee, and further subject to the release of Grantor included below and Grantor's repurchase right as set forth and limited in Section 23(c) (Owner's Right to Repurchase Lots) of that certain Option and Development Agreement between Grantor and Grantee, dated September 15, 2022, for reference purposes (together, the "Permitted Exceptions"). Said repurchase right is a continuing right and shall only be extinguished upon Grantor's recording of a quit claim deed relinquishing such repurchase right with respect to the Property or an applicable portion thereof in the official records of Wake County,North Carolina, provided, however, that such repurchase right shall automatically terminate with respect to any single lot within the Property upon (i) the closing of the sale of such lot with a substantially Submitted electronically by "Bagwell Holt Smith 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. BK019501 PG00331 completed home thereon to a member of the homebuying public, or (ii)the conveyance of any such lot to a homeowner's association that includes or has a right to annex the Property. All or a portion of the Property does not include the primary residence of Grantor. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, onto Grantee, its successors, legal representatives and assigns forever; and Grantor does hereby bind itself and its legal representatives to WARRANT and FOREVER DEFEND, all and singular the said premises unto Grantee, its successors, legal representatives and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor but not otherwise,subject to the Permitted Exceptions. [SIGNATURE PAGE FOLLOWS] BK019501 P000332 IN WITNESS WHEREOF,Grantor has caused this Grant Deed with Repurchase Right to be executed as of the /1jtl+ day of December,2023. Willow Landing—Willow Spring,L.P., a Delaware limited partnership By: Cal Hearthstone PBLO GP, LLC, a Delaware limited liability company, General Partner By: Cal Hearthstone Public Builder Lot Option,LLC, a Delaware limited liability company, Sole Member By: Hearthstone Professionals—CS, L.P., a Delaware limited Partnership, Member Manager By: Steven C. Porath Authorized Person BK019501 PG00333 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On December 14, 2023 , before me, Karen S. Hornback (insert name of notary) Notary Public,personally appeared Steven C. Porath who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature`s (Seal) A4� 0eth KAREN S.HORNBACK r-��9 Notary Public•California 3,i-i.� Ventura County 1 �* Commission N 2413766 'ino+'� My Comm.Expires Aug 24,2026 BK019501 P000334 Exhibit A—Legal Description Being all of Lots 1, 2, 3,24, 25,26, 39, 40,41,42,43, 44,45, 46,47, 48,49 and 70 as shown on Plat entitled "Willow Landing" of record in Book of Maps 2022 Pages 1369 through 1372, inclusive, Wake County Registry.