STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF MECKLENBURG 20-Cvs-G Ss Gq dS SAMAR ISMAIEL AHMAD ISMAIEL, Plaintiff, VERIFIED COMPLAIN and MOTION FOR WORLDCOM NETWORK SERVICES, : ION INC. and MSC COLLEGE STREET I, PRELIMINARY INJUNCTION LLC, v. Defendants. NOW COMES THE PLAINTIFF, SAMAR ISMAIEL AHMAD ISMAIEL (the Plaintiff"), by and through counsel, complaining of the Defendants, WORLDCOM NETWORK SERVICES, INC. (“Defendant WorldCom”) and MSC COLLEGE STREET I, LLC (‘Defendant MSC”) (collectively, the “Defendants”), and alleges as follows BACKGROUND 1. The Plaintiff owns a vacant lot of real property, located generally at 900 North Tryon Street (the “Property”), in Uptown Charlotte. The Property is bounded by North Tryon Street to the north, East 12" Street to the west, North College Street to the south, and East 13" Street to the east. A map of the Property, identifying each road, is attached as Exhibit 1 to this Verified Complaint and incorporated herein by reference 2. The Property is zoned for commercial use and is very valuable for its proximity to Uptown Charlotte. North Tryon Street and North College Street are major thoroughfares to and from Uptown Charlotte. 3. On information and belief, Defendant WorldCom owns real property, located generally at 908 North College Street. Defendant WorldCom’s property is situated immediately Page | 1across North College Street from the Plaintiffs’ Property. A genuine and authentic copy of Defendant WorldCom’s deed to this property is attached as Exhibit 2 to this Verified Complaint and incorporated herein by reference. 4, On information and belief, Defendant MSC owns two (2) lots of real property, located generally at 900 and 942 North College Street, Defendant MSC’s properties are also situated immediately across North College Street from the Plaintiffs’ Property and sit on either side of Defendant WorldCom’s property (900 North College Street to the west and 942 North College Street to the east). Genuine and authentic copies of Defendant MCS? deeds to 900 and 942 North College Street are attached as Exhibits 3 and 4, respectively, to this Verified Complaint and incorporated herein by reference 5. Beginning in early March 2020, a homeless encampment was established on the Defendants’ property along North College Street. 6. Since that time, this encampment has continued to grow, and as of the date of this Verified Complaint, now has hundreds of tents and residents.! 7. The Defendants permitted and in fact encouraged the creation of the homeles encampment, with no regard for how it would affect the Plaintiff or other owners. 8. The encampment has made the Plaintiff's Property completely inaccessible from North College Street. 9. Asa result of the homeless encampment, the Plaintiff's Property is continually filled with trash, debris, and human waste. The Plaintiff has been forced to clean the Property at substantial expense to itself. 10, The encampment is an eyesore and the smell is unbearable. * See generally: Graff, Michael, “Special Report: 10 days in tent city with the ‘new faces’ of homeless in Charlotte” Charlotte Agenda, July 17, 2020, nips: (tw: chistoticauenda cown/22:196 /spocial-repon-L0- jomingstar StorageExhibit 2BKs Od092"PG 0897/0099 10340 12.00 SEEK NC EXCISE TAX: 800-00 [xxx |, JUDITH A GIBSON REC OF DEEDS HECK i FILED FOR REGISTRATION 06/05/97 14:97 NECKLENBURG COUNTY MECKLENBURG COUNTY me eS a SATE WSS sae st nen ea a . Excise Tax Excise Tax j xo To $800.00 fcr Te, Bok Pe “ax Lot No, (84-011-10,061.011-09 and pat of 83-01.05 Parcel enter Number Verte by County on ne aay. 0 by “Tax Maiing Address: P.O, Box 21348, Tulsa, OK 74121 Mal ater recording to: J Puyoken Brera 2X2 Soeepn 2 Sue Oy CHES ZNAST “This intument was prepared by: J. Hayden Harel 4658000" 260600 Bret descripion forthe Index. 847 are on North College Steet NORTH CAROLINA GENERAL WARRANTY DEED ‘THIS DEED made tns 57 day of June, 1997, by and between ‘GRANTOR ‘GRANTEE Hany Parker, In, a North Carolina Worm Network Services, Inc. Corporation ost Ofte Box 21348 “ulea, Okohoma 74124 7 ’ “The designation Grantor and Grantee 28 used herein chal Include ssid paris, thelr eis, suenessors, and asslgns, end = | shal ince singular, plural, masculine, feminine or neuter as required by context } wrrnesseTs. thatthe Grantor fr a valuable consideration pad bythe Grantee, the receipt of which is hereby i ‘scknowiedged, has and by these presen does grat, bargain, sel and convey unto the Grantee in fe simple, al thet eran lt Or parcel of land stuated inthe ity of Chart, Charlotte Township, Mecklenburg County, Neth Carolina and ‘more partoulary described as folows: ‘See atachod Exhibit A incorporated herein by reference 133. om sx 6 2 &“The property hereinabove described was sequired by Grants by instrument recorded in Book 4297, page 746 and in Book 4288, page 135 and in Book 6751, page 255. ‘Armap showing the above described property is recorded in Plat Book . Page. ‘TO HAVE AND TO HOLD the aforesaid lot or parce of land and af privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants wih the Grantee, that Grantor is seized ofthe premises in fee simple, has the right to convey the sae nfo since, tat it rasta ad to and ar of a enconbancs, ad that Grant wl waa an dlend tte apie ne aw clams ot at persons whonsoever excep ote exceptions herenat sated, Tie toe propery hereinabove described is subject othe fllowing exceptions: ‘Subject to all those matters set forth on Schedule B, Section 2 ‘of Lawyers Tite Insurance Company Commitment #CA-132261. o Q a Ny 2 o Q g iB MARRY PARKER, INC. (Copcte Mare) OO TS [WETNESS WHEREOF. he Gants Preto at ad nse eer, has cae i tue bee 8 pe ane by (Sy serene a fo sea tbe hat five by aerty oe Gor of Ove he yal ya sabre wen 6 : Ware ceried to be corect. This instrament and tis certificate are duly registered atthe date and time and in the Book | and Page shown on the frst page heeot [REGISTER OF DEEDS FOR county Deputy/Assstant Register of Deeds @668000" 260600 Legal LYING AND BEING in the City of Charlote, County of Mecklenburg, State of North Carolina and being more particularly described as follows: BEGINNING at a set iron pin located in the southeasterly line of North College Street (@ variable right-of-way), said iron pin being located N 77°27°17" W 808.09 feet (ground distance) from NCGS Monument "Brevard" and running thence with the line of Harry Parker, Inc. (now of formerly) S 42°11"58 E 273.10 feet (passing an iron at 198.2] feet) to a set iron pin in the southeastern line of the land of Harry Parker, Inc. (now or formerly) as described in Deed Book 6751, Page 0255 of the Mecklenburg County Public Registry; running thence S 47°55"23" W 148.60 feet to an existing concrete monument in the northeastern line of the lands owned by North College Properties as Described in Deed Book 6245, Page 0368 (now or formerly) of the Mecklenburg County Public Registry; rumning thence along the aforesaid ‘boundary line of North College Properties N 42°08"16" W 279.24 feet (passing an exposed R.R. Rail at 81.36 feet) to an existing concrete monument in the southeasterly line of North College ‘Street and a comer of the property owned by North College Properties; and thence running with the southeasterly line of North College Street the following two (2) calls: (1) N 50°13"31" E 98.80 feet to a set iron pin; and (2) N 50°25°31" E 49.64 feet to the point or place of BEGINNING, and containing 0.941 acres, as shown on ALTA/ACSM Land Title Survey for Worldcom, dated April 24, 1997, and prepared by Marion L. Sandlin, Jr., RLS L-2941, reference to which survey is hereby made for a more particular description. Grantor herein reserves for itself, a nonexclusive easement for "vehicle turn around” over ‘and across a portion of the property conveyed herein, said area containing approximately 375 square feet and being more particularly described as follows: BEGINNING at an iron pin marking the easterlymost comer of the property conveyed herein; thence running from said point of beginning with the southeastern line of the above described property running S 47°55'23" W 5.0 feet to a point; thence leaving the southeastern line of the above described property running N 42"11"58" W approximately 74.89 fect toa point jin the northwesterly line of the tract conveyed to Harry Parker, Inc. described in Deed Book 6751 at Page 255 of the Mecklenburg County Public Registry; thence running with the northwestern line of the above described Harry Parker, Inc. property N 47"55°23" E approximately 5 feet to an iron pin in the northeastern line of the property conveyed herein; ‘thence running with the eastern line the property conveyed herein S 42"11"58" east 74.89 feet to the point of place of BEGINNING. Grantor and Grantee acknowledge that this is a personal right reserved for the Grantor ‘only, and upon the conveyance of the benefitted property retained by Grantor or upon the sale of all or substantially all of the corporate assets of Grantor or the sale of a majority interest in Grantor's corporate stock, this right shall cease and become null and void. Neh ain, Coury of Mrs petpanete nando ee Borde —annuaauacwemarnsbae pew ane) bia we comet. Tis ST JUDITH A. GIBSON, REGISTER OF DEEDS. By: Deputy Reger of DdsExhibit 3Exhibit 4For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2017 Jan 0403:34 PM RE Excise Tax $ 1850.00 Book: 31478 Page: 119 Fee: $ 28.00 Instrument Number. 2017001181 Suck Bb NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $1,650.00 Tax Lot Nos: 087-01 1-23 and O81-01 1s Mail after recording to: Ficst American THe U7? Serth Figutstti reer Sve 400, Los Argeles , CA Gotz This instrument was prepared by: John W. Beddow; James, McElroy & Diehl, P.A. 600 South College Street, Charlotte, NC 28202, Brief description for the Index: 900 N- Colloge Street, Charlotte, NC THIS DEED made this:28 “day of December, 2016, by and between: GRANTOR GRANTEE SILVERGIRLS, LLC, a North Carolina limited | MSC COLLEGE STREET I, LLC, liability company a Delaware limited liability company whose mailing address whose mailing address is; 6707-C: Fairview Road 725 Park Center Drive Charlotte, NC 28210 Matthews, NC 28105 Attention: Mare H. Silverman Attention: Matt Shapiro The designation Grantor and Grantee as utsed herein shall include said parties, their heirs, successors, and assigns, and shall include singutar, 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 those certain lots or parcels of land situated in the City of Chartotte, ‘Mecktenburg County, North Carolina and more particularly described as follows: 6 73SE 2006: 1 compliance with worth carolina statutes governing recordable documents and the terns of the submltter agreement with the Mecklenburg county Register of Deeds.See EXHIBIT A attached hereto and incorporated herein by this reference. ‘The property hereinabove described was acquired by Grantor by instrument recorded in Deed Book 20742, Page 940 in the Meckleoburg County Public 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 lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, ‘And the Grantor covenants with the 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, other than the following exceptions: See EXHIBIT B attached hereto and incorporated herein by this reference, [SIGNATURE PAGE FOLLOWS}EXECUTED as of December 02, 2016, ee LLC, a North Carolina limited liability cor Name: Be Ss. Ls fis Title: Manager STATE OF NORTH CAROLINA county oF MECKLE PORe, | certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document for the purpose stated therein: Lorin S. Stiefel. cy , Date: 2-21 _ chs Cont ial Signature of Notary Pul ere “Rachel irc. se PERC ‘Notary printed or typed name corncayfPayyrany My commission expires: ap frye { i 2 Xs Steuna 29g6aa79vaEXHUBIT The property described below is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in Book 23344, Page 631 in the Mecklenburg County Registry. Lying and being in the City of Charlotie, Mecklenburg County, North Carolina, and more particularly described as follon Tract One: To locate the point and place of beginning, commence at City of Charlotte Monument "27.03" having North Carolina Grid System (SPC-83) coordinates of N: 543,535.80 and E: 1,450,667.73, and run thence N, 68-40-42 E, 2303.93 feet (ground), 2303.6 feet (grid) (combined grid factor 0.999842357) to an existing iron rod having North Carolina Grid System (SPC-83) coordinates of N: 544,373.54, FE: 1,452,813.49 and located in the northwestern margin (approximate) of the 200 foot wide right-of-way of Seaboard Railroad and in the northeastern margin (approximate) of the variable width public right-of-way of East 12th Street, said existing iron rod also located N. 42-37-10 W. 100.23 feet from an existing iron pipe in the westernmost comet of the land conveyed to Alpha Mill, LLC by instrument recorded in Book 19004 Page 538, Mecklenburg County Public Registry (designated as Tax Parcel Number 081-033-08), said existing iron rod further marking the point and place of beginning, and running thence from the point and place of beginning with the northeastern margin (approximate) of the right-of-way of East {2th Street NN, 42-48-12 W. 282.20 feet to an existing iron pipe in the intersection of the northeastem margin (approximate) of the right-of-way of East 12th Street with the southeastern margin (approximate) of the variable width public right-of-way of North College Street; thence with the southeastern margin (epproximate) of the right-of-way of North College Street N. 49-39-12 B., 99.00 feet to a new iron rod in the westernmost comer of the land conveyed to Worldcom Network Services, Inc. by instrument recorded in Book 9092, Page 897, Mecklenburg County Public Registry (designated as Tax Parcel Number 081- 011-09); thence with the southwestern boundary of the Worldcom Network Services, Inc. property (now or formerly) S, 42-03-26 E, 279.29 feet to a new iron rod in the northwestern margin (approximate) of the right-of-way of Seaboard Railroad and in the westernmost corner of the land conveyed to the City of Charlotte by instrument recorded in Book 9411, Page 217, Mecklenburg County Public Registry (designated as Tax Parcel Number 081-01 1-24); and thence with the northwestern margin (approximate) of the right-of-way of the Seaboard Railroad S. 47-59-01 W. 95.28 feet to the point and place of beginning, containing 27,262 square feet or 0.6258 acres, more or less, as shown on survey entitled "Survey Prepared For: Mare Silverman", prepared by Daryl D. Kaseman, North Carolina Professional Land Surveyor L-4559 of R.B. Pharr & Associates, P.A., dated May 2, 2006 and revised May 10, 2006, Job No. 67764, File No. XX-3075, reference to said survey being made in aid of description. ‘Tract Two! To focate the point and place of beginning, commence at City of Charlotte Monument "27.03" having North Carolina Grid System (SPC-83) coordinates of N: 543,535.80 and E: 1,459,667.73, and run thence N, 68-40-42 E. 2303.93 feet (ground), 2303.6 feet (grid) (combined grid factor 0,999842357) to an existing iron rod having North Carolina Grid System (SPC-83) coordinates of N: $44,373.54, E: 1,452,813.49 and located in the northwestern margin (approximate) of the 200 foot wide right-of-way of Seaboard Railroad and in the northeastern margin (approximate) of the variable width public right-of-way of Enst 12th Street, said existing iron rod also located N, 42-37-10 W. 100.23 feet from an existing iron pipe in the westernmost corner of the land conveyed to Alpha Mill, LLC by instrument recorded in Book 19004, Page $38, Mecklenburg County Public Registry (designated as Tax Parcel Number 081-033-08), said existing iron rod further marking the point and place of beginning, and running thence from the point 29980279¥3and place of beginning with the northwestern margin (approximate) of the right-of-way of the Seaboard Railroad N, 47-59-01 E. 95.28 feet to a new iron rod in the westernmost corner of the land conveyed to the City of Charlotte by instrument recorded in Book 9411, Page 217, Mecklenburg County Public Registry (designated as Tax Parcel Number 081-011-24); thence with the southwestern boundary of the City of Charlotte land (now or formerly) S. 42-03-26 E. 100.00 feet to a new iron rod in the northwestern. boundary of the Alpha Mill, LLC land (now or formerly) thence with the westem boundary of the Alpha Mill, LLC land (now or formerly) S. 47-50-59 W. 94:30 feet to an existing iron pipe in the northeastern margin (approximate) of the right-of-way of East 12th Street; and thenco with the northeastem margin (approximate) of the right-of-way of East 12th Street N, 42-37-10 W. 100.23 feet to point and place of beginning, comtaining 9,490 square feet or 0.2179 acres, more or less, as shown on survey entitled "Survey Prepared For: Mare Silverman", prepared by Daryl D. Kaseman, North Carolina Professional Land Surveyor L-4559 of R.B. Pharr & Associates, P.A., dated May 2, 2006 and revised May 10, 2006, Job No. 67764, File No. XX-3075, reference to said survey being made in aid of description, 29s6e27900EXHIBITB Ad valorem taxes for the year 2017 and all subsequent years. ‘Terms, conditions and provisions of Lease executed by AOA Leasing Company, a Minnesota goneral partnership, as Lessor and Adams Outdoor Advertising Limited Partnership, a Minnesota limited partnership, as Lessee recorded in Book 5685, Page 394, Mecklenburg County Registry. Easements and any other facts as shown on Map Book 49, Page 787, Mecklenburg County Registry. Notice of Brownfields Property recorded in Book 23344, Page 631, Mecklenburg County Registry. Rights of way for railroad, switch tracks, spur tracks, railway facilities and other related easements, if any, on and across the property. (Seaboard Railroad). Matters reflected on plat of survey of Andrew B, Baker, NCPLS, dated January 4, 2016 and entitled SALTA/ACSM LAND TITLE SURVEY PREPARED FOR: MORNINGSTAR, PROPERTIES, LLC.” 2996027909Exhibit 5on rexgregin ebibtex@P ee serklaneees ge'as 2018 31102 2G ,38-42 STETTKS. \Qquuunt 2016111370 [Recording Cover Page Must be typed or printed clearly in block ink only, | i _Mecth Caralirx hlan=blaceroly ded Document Title ‘Must appear exactly as the fitst page of the document to be recorded Prepared By: address: One lwe0lls Fargo, 30) S. Colleges. SA. city/state/zip:__ Aare. . 1 After Recording, Mail To: Name: fist Amencon Title Address S. Fig ve S: City/State/Zip: _ Los Aayels, CA door? Cover sheets may be used for documents that do no conferm to March Corline document recording rtondora Suboners may ute this cover sheet or prepare theron. If zing thie cover sheat, zubmiterseszume responsibilty frie completion ond ol ill for te cantent ond information provi.NORTH CAROLINA NON-WARRANTY DEED. 00 Excise Tax: & {No consideration was given or received) ‘Tax Lot Nos.: 08101105 and 08101106 Return To: First American Title Mail after recording to: “777 S. Figueroa Street Los Angeles, CA 90017 This instrument was Attn: prepared by: ‘Troutman Sanders LLP, One Wells Fargo, 301 S. College Street, Suite 3400, Charlotte, NC 28202 (Stuart M. Jones, Jr.) Brief description for the Index: ‘TA and 98 N. College Street, Charlotte, NC ‘THIS DEED made this iow day of August, 2016, by and between: GRANTOR —T- GRANTEE HARRY PARKER, INC, a North Carolina | MSC COLLEGE STREET I, LLC, a Delaware limited corporation liability company ‘whose mailing address is ‘whose mailing address is: jaa S Prive 725 Park Center Drive Matthews, NC 28105 Retention: Patrick Wills Attention: Matt Shapiro ‘The designation Grantor and Grantee as used herein shall include said parties, their heirs, suecessors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for good and 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 those certain lots or parcels of land situated in the City of Charlotte, Mecklenburg County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by this reference. This deed is an absolute conveyance, the Grantor having transferred the property herein described to the Grantee for fair and adequate consideration. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, GRANTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE PROPERTY HEREINABOVE DESCRIBED. [Signature Page Follows) 7713300EXECUTED as of the day and year first above written. HARRY PARKER, INC., a North Carolina corporation STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG 1 certify that the following person(s) personally appeared before me thig day, each acknowledging to me that he signed the foregoing document for the purpose stated there ro fname of printpais) Date: August $2016 Cafu Keb — ‘Offical Senature of Notary Public Ayr Kei EA Notary printed or typed name [OFFICIAL SEAL} My commission expires: 9 ~29-Z0 |"7_‘EXHIBIT A Description of the Property That certain tractor parcel of land situated, lying and being in the City of Charlotte, County of Mecklenburg. State of North Carolina and being more particularly described a follows BEGINNING at an existing iron rod on the southeasterly right-of-way margin of North College Street (ariable width public R/W), said point also being the northeast corner ofthe property of Worldcom Neswork Services Inc. (naw or formerly) as described in Deed Book 9092, Page 897 in the Mecklenburg County Public Regisiry (the “Registry"): Thence with and along sald southeasterly rightof-way margin of North College Street for the folowing three (3) courses and distances: 1) N 49°49'42" E a distance of 147.17 feet to an existing railroad iron: 2) N 42°26'35" W a distance of 1.80 fees to an existing spike; 3) N 49°S737" Ea distance of 90.00 feet to a new iron rod on the southwestern right-of-way of the property of CSK Transportation Ine. (now or formerly); Thence with and along said southwestern right-of-way ofthe property of CSX Transportation Inc, $42°28'40" E a distance of 267.57 feet to.an existing concrete monument on the northwesterly boundary line extended of the property of City of Charlotte (now or formerly), as described in Deed Book 9411, Page 217 in said Registry: Thence with and along said northwesterly boundary line of the property of City of Charlotte S 48°O#'18" W a distance of 239,00 feet to an existing iron rod, said point being ‘he southeast corner of the property of Worldcom Network Services Inc. (now or formerly) as described in Deed Book 9092. Page 897 in said Registry: Thence with and along the northeasterly boundary line of said propery of Worldcom Network Services Inc. N 42°03"19" Wa distance of 273.24 feet to the point of BEGINNING: Having an area of 64,319 square feet or 1.4765 acres, as shown on a survey prepared by R. B. Pharr & Associates, pa. dated February 23, 2016 (map file XX-4258). 2eszaraovExhibit 6ROBERTSON meatier & ASSOCIATES ja waa) July 2, 2020 WorldCom Network Services, Inc. c/o National Registered Agents, Inc., Registered Agent 160 Mine Lake Court, Suite 200 Raleigh, North Carolina 27615 1 ified US Mai WorldCom Network Services, Inc. Post Office Box 21348 Tulsa, Oklahoma 74121 Re: Undisclosed Property Owner v. MSC College Street II, LLC, WorldCom Network Services, Inc. and the City of Charlotte Our File No. 8815 To Whom It Concerns: This Firm is litigation counsel to an undisclosed property owner of property located on North Tryon Street, near Uptown Charlotte, As you may be aware, for the past three months, vacant lots owned by MSC College Street II, LLC, located at 900 and 942 North College Street, and a lot owned by WorldCom Network Services, Inc., located at 908 North College Street, have been converted into makeshift camps for homeless people, evidently displaced by the temporary closure of Urban Ministries’ homeless shelter near Uptown Charlotte as a result of the COVID-19 pandemic. I have enclosed several photographs of the homeless camp with this letter for your reference. While my client is of course sensitive to the unique needs of the homeless population, this camp has become a dangerous eyesore. WorldCom's property is filled with tents and littered with debris, trash, and human waste. My client's business, and the value of its property, has been significantly reduced and irreparably harmed by the creation of this camp, and the City of Charlotte’s apparent refusal to find alternative housing for the homeless or to take steps to ensure that the camp remains orderly and clean. In fact, there is apparently no plan by the City of Charlotte to ensure that the homeless people living in this camp have access to housing during or after the pandemic ends. It is clear that there are more residents in the camp than the homeless shelters can accommodate when the pandemic ends, and the City has provided no details on how it intends to transition these people into temporary housing. P: 704.597.5774 I WWW.RLROBERTSON.COMLu ROBERTSON ‘Therefore, my client demands that WorldCom take immediate action to expel the homeless population from this camp and prevent the creation of any further encampments on its property. If it does not, my client intends to sue MSC, WorldCom, and the City of Charlotte in federal court for permitting this nuisance and for violating my client’s constitutional rights by causing damage to its property value and loss of business. My client would prefer to avoid litigation in this matter, but if WorldCom refuses to exercise control aver its properties and stop causing damage to my client, it will have no choice. Within ten (10) days, WorldCom must provide to me its written assurances that it will take all reasonable steps to remove the homeless from its properties, that it will dismantle the camp, and clean up the debris and trash. If it does not provide these assurances, my clients will file suit and will seek an order from the Court to compel WorldCom to stop the ongoing damage to my client’s property and will seek monetary damages for the loss of revenue and decrease in property values that the existence of this camp has caused. Very Truly Yours, R.Lee Robertson, jr. Enclosures cc: ViA Lyles, Mayor of Charlotte Julie Eislet, Mayor pro tem of Charlotte James Mitchell, jr, Charlotte City Council Braxton Winston, Il, Charlotte City Council Dimple Ajmera, Charlotte City Council Larken Egleston, Charlotte City Council Malcom Graham, Charlotte City Council Victoria Watlington, Charlotte City Council Renee Johnson, Charlotte City Council Matt Newton, Charlotte City Council Tariq Bokhari, Charlotte City Council Edmund H. Driggs, Charlotte City Council CHARLOTTE MM ASHEVILLE WM NASHVILLE 2750 EAST W.T. HARRIS BOULEVARD, SUITE 101, CHARLOTTE, NC 22215-4108, 5734 lll WWW.RLROBERTSON.COM MF: 704.599.5503Proof of Delivery Dear Customer, This notice serves as proof of delivery for the shipment listed below. Tracking Number 12F€98792992762721 Weight 0.00 LBS Service UPS Next Day Air Saver® Shipped / Billed On 07/02/2020 Additional Information Signature Required Delivered On 07/06/2020 10:04 A.M. Delivered To 160 MINE LAKE CT 2.200 RALEIGH, NC, 27615, US Received By SIG ON FILE 0 Left At Office Reference Number(s) 8815 Thank you for giving us this opportunity to serve you. Details are only available for shipments delivered within the last 120 days. Please print for your records if you require this information after 120 days. Sincerely, ups Tracking results provided by UPS: 07/14/2020 9:03 A.M. ESTShipment Receipt | UPS Page | of 1 G ‘Shipment Receipt uly 2, 2020 12F€98792992762721 Where Ship From Ship To Robertson 8 Associates, Herta Wison WeortCom network Services, National 2730 E,W. Hats Bl, 100, CHARLOTTE, Registered Agent, Ine nc 2803 60 Wine Lake Court, 200, RALEIGH, NC hilson@ robertson com, 7045975774 2761s What Package 1 - 12FE98792992762721 Weight Dimensions Reference Delivery Obs UPS Letter Numbers: Confirmation 2815, ‘Slonature Required Service Detalls - UPS Next Day Air Saver Estate Delvery Fay ul 3, 2020, End of Day Additional Options Payment Bu Shipping Charges To: Sper = 9879 - Robertson & Aesoctes Shipping Total Shipping Fees ‘Aditional Option Fees Subtotals Shipping Fees 2608, $25.02 $5.25 ‘Additional Option $5.25 Fees Fue Surcharge $1.96 Combined ous Chara “Transportation Charges: fo serves Ite 2s Contract Rate 91838 uarrted, refunds apply transportation haraes ony, See Terms and Conon inthe fate cade 2 fel Surcharge but xcudes ete arse taxes, cles and ater charges at may apply {othe shomert Scattonal rons te for eustome debrance. 1 reference rates Note: This document sna an voc, ‘Al shipments are subject tothe UPS Tart Terms and Conditions of Service CUPS terms” In efect on the date of shipment, which are alae at ‘win.ups.conyterms.Putsuant to the UPS Terms, UPS's maximum labiltyfo loss o damage to each domestic package or international shipment fied 10 $100, unless the shipper decares a greater value inthe decared value fel of the UPS shipping system used and pays the applicable charge (In which ‘ase UPS's maximum Iblis the declared value). Special tems apply to some services and articles. lease review the UPS Terms fo bil ints, ‘exclusone fom lablty, maximum dered values, profited tems, and other important terms of service. The shipper agrees tat nthe abence of 9 ‘greater decare value, $100 value 2 reasonable mtation under the dreumstances ofthe transportation, aims nat tmely made (generaynatices win ‘Shey cays and fled wehin ne moots, but fled within sty Cay for Intemational shipments) are deemed walved and wl not be pl. See the UPS Terms for deta Under no drcunstances wil UPS be lable for any spec, ncdental or consequential damages. hittps://www.ups.com/ship/core/confirmation?tx=0140461015478793&loc=en_US. 7/2/2020ALERT: DUE TO LIMITED TRANSPORTATION AVAILABILITY AS A RESULT OF NATIONWIDE CO... USPS Tracking’ —_ Track Another Package + Tracking Number: 9314769904300072887926 an Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. In-Transit f July 13, 2020 & In Transit to Next Facility Text & Email Updates Tracking History duly 13, 2020 In Transit to Next Facility Your package is moving within the USPS network and is on track to be delivered to its final destination. Itis currently in transit to the next facility. July 9, 2020, 4:56 am Departed USPS Regional Destination Facility TULSA OK DISTRIBUTION CENTER July 8, 2020, 1:40 pm Arrived at USPS Regional Destination Facility‘TULSA OK DISTRIBUTION CENTER July 6, 2020, 6:51 pm. Departed USPS Regional Facility OMAHA NE DISTRIBUTION CENTER July 6, 2020, 9:42 am Arrived at USPS Regional Facility OMAHA NE DISTRIBUTION CENTER July 8, 2020, 11:37 pm Departed USPS Regional Origin Facility CHARLOTTE NC DISTRIBUTION CENTER July 3, 2020, 10:43 pm Arrived at USPS Regional Origin Facility CHARLOTTE NC DISTRIBUTION CENTER July 8, 2020, 9:28 pm Accepted at USPS Origin Facility CHARLOTTE, NC 28213 July 2, 2020 Pre-Shipment Info Sent to USPS, USPS Awaiting Item. yoegpee Product Information See Less A Can’t find what you’re looking for? Go to our FAQs section to find answers to your tracking questions.Exhibit 7_, an ROBERTSON meee sr & ASSOCIAT! July 2, 2020 MSC College Street Il, LLC c/o Matthew Shapiro 725 Park Center Drive Matthews, North Carolina 28105 Via UPS Delivery MSC College Street II, LLC c/o David M. Benson, Managing Member 725 Park Center Drive Matthews, North Carolina 28105 Re: Undisclosed Property Owner v. MSC College Street II, LLC, WorldCom Network Services, Inc. and the City of Charlotte Our File No. 8815 Dear Mr. Shapiro and Mr. Benson: This Firm is litigation counsel to an undisclosed property owner of property located on North Tryon Street, near Uptown Charlotte. As you may be aware, for the past three months, vacant lots owned by MSC College Street II, LLC, located at 900 and 942 North College Street, and a lot owned by WorldCom Network Services, Inc, located at 908 North College Street, have been converted into makeshift camps for homeless people, evidently displaced by the temporary closure of Urban Ministries’ homeless shelter near Uptown Charlotte as a result of the COVID-19 pandemic. | have enclosed several photographs of the homeless camp with this letter for your reference While my client is of course sensitive to the unique needs of the homeless population, this camp has become a dangerous eyesore. MSC’s properties are filled with tents and littered with debris, trash, and human waste. My client's business, and the value of its property, has been significantly reduced and irreparably harmed by the creation of this camp, and the City of Charlotte’s apparent refusal to find alternative housing for the homeless or to take steps to ensure that the camp remains orderly and clean. In fact, there is apparently no plan by the City of Charlotte to ensure that the homeless people living in this camp have access to housing during or after the pandemic ends. It is clear that there are more residents in the camp than the homeless shelters can accommodate when the pandemic ends, and the City has provided no details on how it intends to transition these people into temporary housing. P: 708.597.5734 I WWW.RLROBERTSON.COM ll FROBERTSON ‘Therefore, my client demands that MSC take immediate action to expel the homeless population from this camp and prevent the creation of any further encampments on its properties. If it does not, my client intends to sue MSC, WorldCom, and the City of Charlotte in federal court for permitting this nuisance and for violating my client’s constitutional rights by causing damage to its property value and loss of business. My client would prefer to avoid litigation in this matter, but if MSC refuses to exercise control over its properties and stop causing damage to my client, it will have no choice. Within ten (10) days, MSC must provide to me its written assurances that it will take all reasonable steps to remove the homeless from its properties, that it will dismantle the camp, and clean up the debris and trash. If it does not provide these assurances, my clients will file suit and will seek an order from the Court to compel MSC to stop the ongoing damage to my client's property and will seek monetary damages for the loss of revenue and decrease in property values that the existence of this camp has caused. Very Truly Yours, gor Jr. Enclosures cc: ViA. Lyles, Mayor of Charlotte Julie Eislet, Mayor pro tem of Charlotte James Mitchell, r., Charlotte City Council Braxton Winston, Il, Charlotte City Council Dimple Ajmera, Charlotte City Council Larken Egleston, Charlotte City Council Malcom Graham, Charlotte City Council Victoria Watlington, Charlotte City Council Renee Johnson, Charlotte City Council Matt Newton, Charlotte City Council Tariq Bokhari, Charlotte City Council Edmund H. Driggs, Charlotte City Council CHARLOTTE M ASHEVILLE I NASHVILLE 2750 EAST W.7, HARRIS BOULEVARD, SUITE 101, CHARLOTTE, NC 28273-4108 P: 704.597.5774 Ill WWW.RLROBERTSON.COM Ill F: 704-599-5603,‘Proof of Delivery Dear Customer, This notice serves as proof of delivery for the shipment listed below. Tracking Number 12FE98792998033285 Weight 0.00 LBS Service UPS Next Day Air Saver® Shipped / Billed On 07/02/2020 Additional Information Signature Req Delivered On 07/03/2020 11:47 A.M. Delivered To 725 PARK CENTER DR MATTHEWS, NC, 28105, US Received By SIG ON FILE COLES /D Left At Front Desk Reference Number(s) 8815 ‘Thank you for giving us this opportunity to serve you. Details are only available for shipments delivered within the last 120 days. Please print for your records if you require this information after 120 days. Sincerely, Ups Tracking results provided by UPS: 07/14/2020 9:04 A.M, ESTShipment Receipt | UPS Page 1 of I Gy sorerenece Sut 2, 2020 12F£98792998033285 Where Ship From Ship To Robeson & Assocs, Herta son NSC Caege Suet, ULL, Davi M. Benson, ZOE. WT. Waris Bi, 100, CHARLOTTE, Managing ember nc 2012 725 Park Cae ive, MATTHEWS, NC 28105 hivson@rtrobertson.com, 704-597-5774 What Package 1 - 12FE98792998033285 Weight Dimensions Reference Delivery ots Urs ter Numbers Confrmation eas Signature Required Service Details - UPS Next Day Air Saver estimated Delvry Fay 3, 2020, End of Day Additional Options Payment A Siping Charges To: Shipper - 9879 - Roberson & Assocs Shipping Total Shipping Fees ‘Additional Option Fees Subtotals Shipping Fees 2608 aso $525 _Adaltiona Option $525 Fees $1.06 Combined 138 charges “Transportation Charges for serves ted os Contract Rate 1838 uerarted, refunds apy to tnsporation hares oly. See Terms and Condon nthe rate ines fe Surcharge, but excludes lanes tanes, duties and other charges that may apply anc high value shipments may require tne pies on cstona rest tne for cuss Crane "our ioe may vary fom the dsployed reference rates Note: This document i nt an invoice. ‘Al shipments are subject tothe UPS Tart Terms and Conditions of Service CUPS terms”) In effect on the date of shipment, whic ae avalable at ‘wr. ups.com/ters. Pursuant to the UPS Terms, UPS's maximum laity fr lss or damage to each domestic package or internatlonl shipment is ited 10 $100, unless the shipper dears a greater vale inthe decard value field ofthe US shipping sytem used and pays the appcabe charge (n wh ‘case UPS's mapamum labltyI the deiaed value). Spell tems eppyto some serdces and ates. Pease review the UPS Ters for labiltyIits, ‘excusions fom labity, maximum declared values, prohibited ems, and ather important terms of sevice. Te shipper agrees that inthe absence of @ ‘greater declared value, $100 vale fea reasonable tation under the creumstances of the transportation Clim nat tmely made (generaty notice thin ‘Sty des and fed within nine months, but fled vthin sty days fr Intemational shipments) are deemed walved and wll ot be paid. See the UPS Terms for detals. Under no crcumstances wil UPS be lable for any spec incidental, or consaquetil damages. hittps://www_ups.com/ship/core/confirmation?tx=72438971267913968eloc=en_US 71212020Proof of Delivery Dear Customer, This notice serves as proof of delivery for the shipment listed below. Tracking Number 1ZFE98792997047076 Weight 0.00 LBS Service UPS Next Day Air Saver® Shipped / Billed On 07/02/2020 Additional Information Signature Required Delivered On 07/03/2020 11:47 AM. Delivered To 725 PARK CENTER DR MATTHEWS, NC, 28105, US Received By SIG ON FILE DEES) Left At Front Desk Reference Number(s) 8815 ‘Thank you for giving us this opportunity to serve you. Details are only available for shipments delivered within the last 120 days. Please print for your records if you require this information after 120 days. Sincerely, ups Tracking results provided by UPS: 07/14/2020 9:02 A.M. ESTShipment Receipt | UPS Page 1 of | G ‘Shipment Receipt July 2, 2020 12F€98792997047076 Where ‘Ship From Ship To Roberson & Associates, Herta Wilson MSC College Street I, LLC, Matthew Shapiro 2730 . W.T Hares Bld, 100, CHARLOTTE, 725 Pack Center Deve, MATTHEWS, NC 28105 Nc 20283, tuilson@rrobertson.com, 704-587-5774 What Package 1 - 12FE98792997047076 Weight Dimensions Reference Delivery Os UPS eter Numbers Confirmation (s5 Signature Required Service Details - UPS Next Day Air Saver Estimate Delivery Fidy uy 3, 2020, End of Day ‘Additional Options Payment Bil Shipsing Charges To: Shipper -FES679- Robertson & Assoctes Shipping Total Shipping Fees ‘Additonal Option Fees Subtotals Package 1 Package 1 ‘Shipping Fees $26.08 UPS Next Day Ar $2502 Delve $525 padRicnsl Option 625 Sover Contrmation fees Fuel Surcharge $1.06 ‘Combined wun Charges “Transportation Charges: for serves Hsted as ‘Contract Rate $1038 uarantee, refunds apply to trensparation {hares only. See Terms and Condon nthe as ead aude ae Surcs Gs Seame Catan cormnoies taxes, lesan ater charges at may apty and high vale shipments may require area ‘ational vans te for customs cearance Your incce may vary fromthe dsplayed reference rates Note: This document isnt an invoice. ‘Al shipments are subject tothe UPS Tarif ferms and Conditions of Service UPS terms) n effect on the date of shigment, which are avaiable at \wro.ups.cor/terms. Pursuant to the UPS Terms, UPS's maximum labltyfrlss or damage to each domestic package or international shipment fs ited to $100, unes the shipper delaes a greater value Inthe decared value fl of the UPS shipping system used and pays te agleable charge (in wich ‘se UPS's maximum fabity I the declared valve). Special terms apply to some services and articles. Please review the UPS Terms fo latalty bts, teclusion fom Fabity, maximum dedared values, prohibited ems, and otber important terms of service, The shipper agres that nthe absence of 9 seater declared value, $100 vale is 2 reasonable mation under the creumstances ofthe ransporttion. Gaims nt timely made (genealy noticed within ‘3hty dys an fled wen nlne mn, but fled win sbty days fr international shipments) are deemed walved and wil ot be pal Se the UPS Terms. {or deta Under ne ercumstarces wil UPS be lable for any spec, Inet, or consequential damages. https://www.ups.com/ship/core/confirmation?tx=23341570804012578&loc=en_US 7/2/2020