23001_Estul Tools _Final_Notice of Brownfields Property_12.23.2019

23001-19-060/ESTUL Tools & Manufacturing (December 23, 2019)

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Property Owner: Ames Station, LLC
Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____

NOTICE OF BROWNFIELDS PROPERTY
Site Name: ESTUL Tools & Manufacturing
Brownfields Project Number: 23001-19-060

This documentary component of a Notice of Brownfields Property (“Notice”), as well
as the plat component, have been filed this _____ day of __________________, 201_ by Ames
Station, LLC (“Prospective Developer”).

This Notice concerns contaminated property.

A copy of this Notice certified by the North Carolina Department of Environmental
Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
(“NCGS”), § 130A-310.35(b).

This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property (“Brownfields Property”) being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”).

Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of
the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer’s name.

The Brownfields Property is located at 215 North Ames Street, Matthews, Mecklenburg County,
North Carolina and consists of one parcel totaling 2.15 acres with an approximately 33,000 square
foot industrial warehouse building. Historically, the Brownfields Property was either residential
property or vacant land until a small commercial warehouse was constructed by ESTUL Tools &

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Manufacturing (ESTUL) in 1954 when they began metal stamping and fabrication operations at
the property. During the fabrication process, cutting oils were used to lubricate and cool metal
components. Scrap metal generated during this process was placed in an uncovered dumpster
located outside of the northwest corner of the warehouse. ESTUL continued to operate at the
Brownfields Property until an unknown date in the 2000s. The Brownfields Property was then
utilized as a motorcycle dealership (Estridge Motorsports) until December 2016 and a storage
facility through February 2017. Groundwater, soil-gas, and indoor air at the Brownfields Property
are known to have been impacted with volatile organic compounds (VOCs) and soil contains
metals.

The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It sets forth the use that may be made of the Brownfields Property and
the measures to be taken to protect public health and the environment, and is required by
NCGS § 130A-310.32. The Brownfields Agreement’s Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property’s regulated substances and contaminants.

Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11", of the survey plat
component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)’s requirement that the Notice identify:

(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.

(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.

Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.

LAND USE RESTRICTIONS

NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.

The land use restrictions below have been excerpted verbatim from paragraph 15 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:

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a. No use may be made of the Brownfields Property other than for industrial, office,
open space, recreation, retail, restaurant, entertainment, institutional, hotel, brewery or food
production facility, parking, and with prior written DEQ approval, other commercial uses and/or
multi-family residential. For purposes of this restriction, the following definitions apply:
i. “Industrial” defined as the assembly, fabrication, processing,
warehousing or distribution of goods or materials;
ii. “Office” defined as the provision of business or professional services;
iii. “Open space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or detention facilities
for storm water;
iv. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products;
v. “Restaurant” defined as a commercial business establishment that
prepares and serves food and beverages to patrons;
vi. “Brewery or Food Production Facility” defined as an establishment for
the manufacture, sale and distribution of beverages or food products, including without limitation
beer and ale, together with associated public roadways and related infrastructure;
vii. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same;
viii. “Recreation” defined as indoor and outdoor exercise-related,
physically focused, or leisure-related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports-related courts and fields,
open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering
areas;
ix. “Entertainment” defined as private, public, and community activities
(such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service;
x. “Institutional” defined as the use of land, buildings or structures for
public, non-profit, quasi-public purposes, such as libraries, community centers, post-secondary
education facilities, or health care facilities;
xi. “Hotel” defined as the provision of overnight lodging to customers, and
to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality,
management and reception services;
xii. “Commercial” defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee; and
xiii. “Multi-Family Residential” defined as multi-unit human dwellings,
such as condominia or apartments. Single family homes, townhomes, duplexes, or other units
with yards are prohibited unless approved in writing by DEQ in advance. Any property outside
the dwelling structures shall be usable by all residents and not privately owned as part of a
particular unit (e.g., privately-owned courtyards are prohibited). Multi-Family Residential shall
include related amenities, such as pools, clubhouses, courtyards, common areas, dog runs,
recreation areas and parking garages.

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b. The Brownfields Property may not be used for child care centers, adult care
centers or schools without the prior written approval of DEQ.

c. Unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance in regard to particular activity or unless in connection with work conducted in
accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in
subparagraph 15.i., no activities that encounter, expose, remove or use groundwater (for
example, installation of water supply wells, ponds, lakes or swimming pools, or construction or
excavation activities that encounter or expose groundwater) may occur on
the Brownfields Property unless and until DEQ states in writing, in advance of the proposed
activity, that said activity may occur if carried out along with any measures DEQ deems
necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a above while fully protecting public health and the environment. Prior
sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed
for such activities, and submittal of the analytical results to DEQ is required. If such results
reflect contaminant concentrations that exceed the standards and screening levels applicable to
the uses authorized for the Brownfields Property, the groundwater-related activities proposed
may only occur in compliance with any written conditions DEQ imposes. Activities may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a. above while fully protecting public
health and the environment.

d. No activity that disturbs soil on the Brownfields Property may occur unless
and until DEQ states in writing, in advance of the proposed activity, that said activity may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; or
iv. in connection to work conducted in accordance with a DEQ-approved
EMP as outlined below in subparagraph 15.i.

e. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined below in subparagraph 15.i.

f. No enclosed building may be constructed on the Brownfields Property nor be
occupied until DEQ determines in writing that:
i. the building is or would be protective of the building’s users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ; or

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ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building’s users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented
to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.

g. On-going indoor air sampling of locations IA-1A, IA-2A, IA-3A, IA-4A, and
IA-5A, as depicted on Figure 3 of the June 25, 2019 Brownfields Assessment Report, shall be
conducted, as outlined in the March 22, 2019 Brownfields Assessment Work Plan Revision 1,
annually until such time as three consecutive annual indoor air sample events indicate that the
risk within the buildings is acceptable for the uses specified above in subparagraph 15.a. or such
time that vapor intrusion mitigation measures approved in advance in writing by DEQ are
installed and/or implemented at the Brownfields Property to the satisfaction of a professional
engineer licensed in North Carolina, as evidenced by said engineer’s professional seal on a report
as provided in subparagraph 15.f.iii. At such time either of the above occurs, a request to
terminate future sampling may be submitted to DEQ that includes the public health rationale for
such termination. Should the data collected from these indoor air monitoring events indicate
exposures at the Brownfields Property that raise the risk to public health or the environment
associated with the Brownfields Property beyond an acceptable range and in a manner or to a
degree not anticipated in this Agreement, DEQ may require that the then owner(s) re-evaluate
that risk for areas potentially subject to said risk and conduct any actions DEQ deems necessary
to reduce said risk to make the Brownfields Property suitable for the uses authorized in
subparagraph 15.a above while fully protecting public health and the environment.

h. No disturbance or alteration of the slab within the existing building footprint,
as depicted on the plat component of the Notice of Brownfields Property referenced in paragraph
20 below, may occur unless in accordance with a DEQ-approved EMP, unless otherwise
approved in advance in writing by DEQ, or unless in the case of emergency circumstances for
repair of underground infrastructure, in which case DEQ shall be provided written notice no later
than the next business day and any related assessment and remedial measures required by DEQ
shall be taken.

i. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:

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i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.

j. No later than January 31 after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment-related activities (other than DEQ IHSB program activities) since the last report,
with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).

k. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.

l. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner conveying an interest may use the following mechanisms to comply with the
obligations of this subparagraph: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing

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compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XV.

m. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. in fluids in vehicles;
iii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment, or in flammable
liquid storage containers totaling no more than 25 gallons;
iv. as constituents of products and materials customarily used and stored in
office, open space, recreation, retail, restaurant, entertainment, institutional, hotel, brewery or
food production facility, and parking environments, provided such products and materials are
stored in original retail packaging and used and disposed of in accordance with applicable laws;
and
v. in products or materials that are brought onto the Brownfields Property,
kept in their original packaging or containers (that is, not used or repackaged) and later removed
from the Brownfields Property in the original packaging or containers.

n. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with, and stating:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.f. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how; and
iv. any data acquired from the indoor air sampling on the Brownfields
Property referenced in paragraph 15.g., above.

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For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ official referenced in subparagraph 35.a. of Exhibit A hereto, at the address stated
therein.

ENFORCEMENT

The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any
of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to
the same violation or as to one occurring prior or subsequent thereto.

FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS

When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this _____ day of _______________, 2019.

Ames Station, LLC

By: __________________________________________
Paul Kardous
Manager

NORTH CAROLINA
MECKLENBURG COUNTY

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I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________
Official Signature of Notary

___________________________________
(Official Seal) Notary’s printed or typed name, Notary Public
My commission expires: _____________________

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************************************

APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

The foregoing Notice of Brownfields Property is hereby approved and certified.

North Carolina Department of Environmental Quality

By: _________________________________________ ________________________
Ellen Lorscheider Date
Deputy Director, Division of Waste Management

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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Ames Station, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) ESTUL Tools & Manufacturing OF 1997, NCGS § 130A-310.30, et seq. ) Company ) 215 North Ames Street Brownfields Project # 23001-19-060 ) Matthews, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Ames Station, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the “Act”) for the property located at 215 N. Ames Street, Matthews, Mecklenburg County
(the “Brownfields Property”). A map showing the location of the Brownfields Property that is
the subject of this Agreement is attached hereto as Exhibit 1.
Ames Station, LLC is a manager-managed North Carolina limited liability company
managed by Paul Kardous, and its mailing address is P.O. Box 12332, Charlotte, NC 28220.
This Agreement pertains to approximately 2.15 acres of land located at 215 N. Ames Street in
the Town of Matthews (Mecklenburg County tax parcel number 19324401). Ames Station, LLC
intends to redevelop the Brownfields Property for no uses other than industrial, office, open
space, recreation, retail, restaurant, entertainment, institutional, hotel, brewery or food
production facility, parking and, with prior written DEQ approval, other commercial uses and/or
multi-family residential. Historically, the Brownfields Property was used for residential
purposes prior to the construction of portions of the current warehouse facility by ESTUL Tools

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& Manufacturing (ESTUL) in 1954. ESTUL utilized the Brownfields Property for metal
stamping and fabrication processes until an unknown date in the 2000s. The Brownfields
Property was then utilized as a motorcycle dealership until December 2016 and a storage facility
through February 2017. The facility is currently vacant and unoccupied.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ’s Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer’s Covenant Not to Sue), the
potential liability of Ames Station, LLC for contaminants at the Brownfields Property.
The Parties agree that Ames Station, LLC’s entry into this Agreement, and the actions
undertaken by Ames Station, LLC in accordance with the Agreement, do not constitute an
admission of any liability by Ames Station, LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit Ames Station, LLC shall
provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean Ames Station, LLC.

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III. STATEMENT OF FACTS
3. The Brownfields Property comprises one parcel totaling approximately 2.15 acres.
Prospective Developer has committed itself to redevelopment for no uses other than industrial,
office, open space, recreation, retail, restaurant, entertainment, institutional, hotel, brewery or
food production facility, parking, and with prior written DEQ approval other commercial uses
and/or multi-family residential.
4. The Brownfields Property is bordered to the north by a Matthews Building Supply Co.
warehouse, West Matthews Street, and undeveloped vacant land; to the east by North Ames
Street followed by two commercial office parks separated by West Matthews Street; and to the
south by a railway operated by CSX Transportation followed by two residential properties.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the “Environmental Reports,” regarding the Brownfields Property:
Title Prepared by Date of Report
Subsurface Contaminant Assessment ESE Biosciences, Inc. October 8, 1991
Subsurface Investigation Report ESE Environmental, Inc. September 5, 1996 Vapor Intrusion Assessment Report Apex Companies, LLC March 15, 2017
Brownfields Assessment Report Hart & Hickman, PC June 25, 2019

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer and/or DEQ files as to the use and ownership of the Brownfields
Property:
a. According to a review of historical directories and aerial photographs, the
Brownfields Property was developed dating back to 1938 with a residential building and a
railroad spur. The residential structure was removed by 1948. A small commercial warehouse

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was constructed by ESTUL Tools & Manufacturing (ESTUL) in 1954 when they began metal
stamping and fabrication operations at the Brownfields Property. During the fabrication process,
cutting oils were used to lubricate and cool metal components. Scrap metal generated during this
process was placed in an uncovered dumpster located outside of the northwest corner of the
Brownfields Property building. ESTUL expanded the warehouse several times during its
occupancy of the Brownfields Property until the current approximately 33,000 square-foot
building configuration was completed, as seen in a 1983 aerial photograph. ESTUL continued to
operate until an unknown date in the 2000s. The Brownfields Property was then utilized as a
motorcycle dealership (Estridge Motorsports) until December 2016 and a storage facility through
February 2017. The warehouse facility is currently vacant.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. The North Carolina Department of Environment, Health and Natural
Resources (DEHNR) (now known as DEQ), collected groundwater samples from several water
supply wells in the vicinity of the Brownfields Property in the early to mid-1990s in response to
complaints made by several nearby businesses of a chemical odor in water coming from their
water supply wells. Analytical results of the groundwater samples indicated the presence of
several volatile organic compounds (VOCs), including benzene, tetrachloroethylene (PCE),
trichloroethylene (TCE), and vinyl chloride. A Notice of Violation (NOV) was issued to ESTUL
on October 22, 1990. A second NOV was also issued to ESTUL on September 27, 1991.
b. A Subsurface Contaminant Assessment report dated October 8, 1991 was
completed by ESE Biosciences, Inc. (ESE) for the Brownfields Property. Three soil borings

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were installed to 15 feet below land surface (ft BLS), and one monitoring well (MW-1) was
installed to 25 ft BLS in the vicinity of the scrap metal dumpster located outside of the northwest
corner of the warehouse building (including on the western adjacent property at 325 W.
Matthews Street). Detections of oil and grease and total VOCs were observed in several soil
samples. Several VOCs were detected above the current (April 1, 2013) North Carolina
Administrative Code (NCAC) Title 15A Subchapter 2L groundwater standards (2L Standards)
including 1,1,2-trichloroethane (1,1,2-TCA), 1,1-dichloroethylene (1,1-DCE), trans-1,2-
dichloroethylene, benzene, carbon tetrachloride, chloroform, methylene chloride, and PCE.
c. A third NOV was issued to ESTUL on April 26, 1996, which was followed by
a Notice of Regulatory Requirements (NORR) on June 19, 1996. ESE Environmental, Inc.
completed a Subsurface Investigation Report in September 1996. Eight soil borings ranging in
depth from 12 to 16 ft BLS were installed surrounding the location of the former scrap metal
dumpster (including on the western adjacent property at 325 W. Matthews Street). VOCs were
not detected at concentrations that exceed the current (May 2019) Residential or
Industrial/Commercial Preliminary Soil Remediation Goals (PSRGs). A groundwater sample
was collected from monitoring well MW-1, and several VOCs were detected at concentrations
exceeding the 2L Standards. The water supply well located at the neighboring (north) Matthews
Building Supply (MBS) facility was also sampled. Several VOCs were detected but only 1,1-
DCE exceeded the 2L Standard. Additionally, a well survey with a 1,500-foot radius from the
Brownfields Property was conducted. Of the five wells identified, three were associated with the
MBS facility (1 water supply well, 1 injection well for receiving coolant water from the air
conditioning system, and 1 water supply well associated with the air conditioning system). The

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two remaining wells were owned by Matthews Country Club and not used for human
consumption. VOCs were detected in the Matthews Country Club wells but at concentrations
below the 2L Standards.
d. Apex Companies, LLC completed a Vapor Intrusion Assessment Report for the
former ESTUL facility on March 15, 2017. Potential vapor intrusion conditions were evaluated
based on the 1991 and 1996 groundwater data as well as data reportedly collected from three
sampling locations (including MW-1) in 2007 by ATC Associates of North Carolina, PC (ATC).
A report documenting the 2007 groundwater sampling activities by ATC was not provided but
groundwater reportedly contained VOCs, including chlorinated solvents, at concentrations
exceeding the Non-Residential Vapor Intrusion Screening Levels (VISLs). Five indoor air
samples and three sub-slab soil gas samples were collected in February 2017. Several VOCs
were detected in the sub-slab soil gas samples but only chloroform exceeded the Non-Residential
VISL in one sample (SS-1) located in the southernmost portion of the building at a concentration
of 640 µg/m3. TCE was detected at concentrations exceeding the Non-Residential Indoor Air
Screening Level (IASL) in two indoor air samples located in the north-central and northwestern
portions of the building. The highest TCE concentration (2.6 µg/m3) was observed in sample IA-
5 in the northwestern portion of the building nearest to the former scrap metal dumpster. In
addition, benzene was detected at concentrations exceeding the Non-Residential VISL in all five
indoor air samples and can likely be attributed to gasoline-powered vehicles present in the
facility during sampling.
e. DEQ Brownfields issued a request for additional assessment letter to the
Prospective Developer on March 4, 2019. A Brownfields Assessment Report was completed by

7 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
Hart & Hickman, PC on June 25, 2019 and included additional soil, sub-slab soil-gas,
groundwater, and indoor air assessment. A shallow soil sample was collected from the former
scrap metal dumpster area, the former loading dock area, and a background location south of the
southern corner of the building. Soil samples were analyzed for VOCs, semi-volatile organic
compounds (SVOCs), and Resource Conservation and Recovery Act (RCRA) metals. A
concentration of arsenic exceeded the Industrial/Commercial PSRGs in one of the soil samples
but is within the range of naturally occurring background levels for arsenic in the region.
Groundwater samples were collected from monitoring well MW-1 and from temporary
monitoring wells located near the southern and eastern corners of the Brownfields Property.
VOCs were present at concentrations exceeding 2L Standards in MW-1, but concentrations for
all constituents had decreased significantly since 1996 with concentrations of PCE decreasing
from 360 µg/L to 95 µg/L and TCE decreasing from 420 µg/L to 33 µg/L. Only PCE exceeded
the 2L Standard in temporary monitoring well TMW-2 at an estimated concentration of 0.94
µg/L.
f. Approximately two weeks prior to the 2019 sub-slab soil gas and indoor air
assessment, cracks in the existing building slab were filled with epoxy and urethane sealants.
Horizontal cracks were sealed with MM-80 (VOC-Free) and vertical cracks were sealed with
Dymeric 240 (Low VOC). Five indoor air samples and two sub-slab soil samples were
collected in the vicinity of the 2017 samples. One additional sub-slab sample (SS-4) was
collected near the southern corner of the building. TCE was detected at concentrations
exceeding the Residential IASL in four of the five indoor air samples, but none of the detections
exceeded the Non-Residential IASL. Concentrations of PCE and TCE exceeded the Residential

8 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
Sub-Slab and Exterior Soil Gas Screening Level (SGSL) in sub-slab sample SS-3A in the
northwestern portion of the warehouse and the Non-Residential SGSL in sub-slab sample SS-2A
in the north-central portion of the warehouse. 1,1-DCE was detected at a concentration
exceeding the Residential SGSL but below the Non-Residential SGSL in sub-slab sample SS-
2A.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on April 26, 2019. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer’s
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated January 4, 2019, acquiring
the Brownfields Property on January 15, 2019, filling cracks in the existing building slab with
epoxy and urethane sealants, and marketing the Brownfields Property to prospective tenants.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);

9 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and technical
means to fully implement this Agreement and assure the safe use of the Brownfields Property;
and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a) (1), and shall make a payment to DEQ of
$6,000 at the time Prospective Developer and DEQ enter into this Agreement, defined for this
purpose as occurring no later than the last day of the public comment period related to this
Agreement. The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the

10 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. the creation of construction jobs for local contractors during redevelopment
activities and the creation of permanent commercial, industrial, and/or retail jobs upon
completion of redevelopment;
c. an increase in tax revenue for affected jurisdictions including both property
taxes and taxes from additional employees;
d. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan

11 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
(EMP) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for industrial,
office, open space, recreation, retail, restaurant, entertainment, institutional, hotel, brewery or
food production facility, parking, and with prior written DEQ approval, other commercial uses
and/or multi-family residential. For purposes of this restriction, the following definitions apply:
i. “Industrial” defined as the assembly, fabrication, processing,
warehousing or distribution of goods or materials;
ii. “Office” defined as the provision of business or professional services;
iii. “Open space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or detention facilities
for storm water;
iv. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products;
v. “Restaurant” defined as a commercial business establishment that
prepares and serves food and beverages to patrons;
vi. “Brewery or Food Production Facility” defined as an establishment for

12 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
the manufacture, sale and distribution of beverages or food products, including without limitation
beer and ale, together with associated public roadways and related infrastructure;
vii. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same;
viii. “Recreation” defined as indoor and outdoor exercise-related,
physically focused, or leisure-related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports-related courts and fields,
open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering
areas;
ix. “Entertainment” defined as private, public, and community activities
(such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service;
x. “Institutional” defined as the use of land, buildings or structures for
public, non-profit, quasi-public purposes, such as libraries, community centers, post-secondary
education facilities, or health care facilities;
xi. “Hotel” defined as the provision of overnight lodging to customers, and
to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality,
management and reception services;
xii. “Commercial” defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee; and
xiii. “Multi-Family Residential” defined as multi-unit human dwellings,
such as condominia or apartments. Single family homes, townhomes, duplexes, or other units

13 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
with yards are prohibited unless approved in writing by DEQ in advance. Any property outside
the dwelling structures shall be usable by all residents and not privately owned as part of a
particular unit (e.g., privately-owned courtyards are prohibited). Multi-Family Residential shall
include related amenities, such as pools, clubhouses, courtyards, common areas, dog runs,
recreation areas and parking garages.
b. The Brownfields Property may not be used for child care centers, adult care
centers or schools without the prior written approval of DEQ.
c. Unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance in regard to particular activity or unless in connection with work conducted in
accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in
subparagraph 15.i., no activities that encounter, expose, remove or use groundwater (for
example, installation of water supply wells, ponds, lakes or swimming pools, or construction or
excavation activities that encounter or expose groundwater) may occur on
the Brownfields Property unless and until DEQ states in writing, in advance of the proposed
activity, that said activity may occur if carried out along with any measures DEQ deems
necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a above while fully protecting public health and the environment. Prior
sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed
for such activities, and submittal of the analytical results to DEQ is required. If such results
reflect contaminant concentrations that exceed the standards and screening levels applicable to
the uses authorized for the Brownfields Property, the groundwater-related activities proposed
may only occur in compliance with any written conditions DEQ imposes. Activities may occur

14 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a. above while fully protecting public
health and the environment.
d. No activity that disturbs soil on the Brownfields Property may occur unless
and until DEQ states in writing, in advance of the proposed activity, that said activity may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; or
iv. in connection to work conducted in accordance with a DEQ-approved
EMP as outlined below in subparagraph 15.i.
e. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined below in subparagraph 15.i.
f. No enclosed building may be constructed on the Brownfields Property nor be
occupied until DEQ determines in writing that:
i. the building is or would be protective of the building’s users, public

15 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
health and the environment from risk of vapor intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ; or
ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building’s users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented
to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
g. On-going indoor air sampling of locations IA-1A, IA-2A, IA-3A, IA-4A, and
IA-5A, as depicted on Figure 3 of the June 25, 2019 Brownfields Assessment Report, shall be
conducted, as outlined in the March 22, 2019 Brownfields Assessment Work Plan Revision 1,
annually until such time as three consecutive annual indoor air sample events indicate that the
risk within the buildings is acceptable for the uses specified above in subparagraph 15.a. or such
time that vapor intrusion mitigation measures approved in advance in writing by DEQ are
installed and/or implemented at the Brownfields Property to the satisfaction of a professional
engineer licensed in North Carolina, as evidenced by said engineer’s professional seal on a report
as provided in subparagraph 15.f.iii. At such time either of the above occurs, a request to

16 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
terminate future sampling may be submitted to DEQ that includes the public health rationale for
such termination. Should the data collected from these indoor air monitoring events indicate
exposures at the Brownfields Property that raise the risk to public health or the environment
associated with the Brownfields Property beyond an acceptable range and in a manner or to a
degree not anticipated in this Agreement, DEQ may require that the then owner(s) re-evaluate
that risk for areas potentially subject to said risk and conduct any actions DEQ deems necessary
to reduce said risk to make the Brownfields Property suitable for the uses authorized in
subparagraph 15.a above while fully protecting public health and the environment.
h. No disturbance or alteration of the slab within the existing building footprint,
as depicted on the plat component of the Notice of Brownfields Property referenced in paragraph
20 below, may occur unless in accordance with a DEQ-approved EMP, unless otherwise
approved in advance in writing by DEQ, or unless in the case of emergency circumstances for
repair of underground infrastructure, in which case DEQ shall be provided written notice no later
than the next business day and any related assessment and remedial measures required by DEQ
shall be taken.
i. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:

17 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
j. No later than January 31 after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment-related activities (other than DEQ IHSB program activities) since the last report,
with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,

18 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
k. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
l. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner conveying an interest may use the following mechanisms to comply with the
obligations of this subparagraph: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest

19 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XV.
m. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. in fluids in vehicles;
iii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment, or in flammable
liquid storage containers totaling no more than 25 gallons;
iv. as constituents of products and materials customarily used and stored in
office, open space, recreation, retail, restaurant, entertainment, institutional, hotel, brewery or
food production facility, and parking environments, provided such products and materials are
stored in original retail packaging and used and disposed of in accordance with applicable laws;
and
v. in products or materials that are brought onto the Brownfields Property,
kept in their original packaging or containers (that is, not used or repackaged) and later removed
from the Brownfields Property in the original packaging or containers.
n. During January of each year after the year in which the Notice referenced

20 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with, and stating:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.f. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how; and
iv. any data acquired from the indoor air sampling on the Brownfields
Property referenced in paragraph 15.g., above.
16. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the

21 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.k. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.

22 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: “This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the

23 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property while Prospective
Developer owns the Brownfields Property, the Prospective Developer shall immediately take all
appropriate action to prevent, abate, or minimize such release or threat of release, shall comply
with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85,
Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the
DEQ Official referenced in subparagraph 35.a. below of any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without

24 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated January 4, 2019 by which it applied for this
Agreement, as modified herein. That use is industrial, office, open space, recreation, retail,
restaurant, entertainment, institutional, hotel, brewery or food production facility, parking, and
with prior written DEQ approval other commercial uses and/or multi-family residential.
Prospective Developer also certifies that to the best of its knowledge and belief it has fully and
accurately disclosed to DEQ all information known to Prospective Developer and all information
in the possession or control of its officers, directors, employees, contractors and agents which
relates in any way to any past use of regulated substances or known contaminants at the
Brownfields Property and to its qualification for this Agreement, including the requirement that
it not have caused or contributed to the contamination at the Brownfields Property.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required

25 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.

26 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ’s Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this

27 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
Agreement or the above-referenced Notice of Brownfields Property.
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
32. Except for the land use restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and

28 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.

29 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management Brownfields Program Mail Service Center 1646 Raleigh, NC 27699-1646
b. for Prospective Developer: Paul Kardous (or successor in function) Ames Station, LLC P.O. Box 12332
Charlotte, NC 28220 Notices and submissions sent by prepaid first class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by

30 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.

31 23001-19-060/ ESTUL Tools & Manufacturing (December 23, 2019)
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By: ____________________________________________________________________________ Ellen Lorscheider Date Deputy Director, Division of Waste Management

IT IS SO AGREED: Ames Station, LLC By: ____________________________________________________________________________
Name typed or printed: Paul Kardous Date
Title typed or printed: Manager
JOB NO. BPP-003 FIGURE NO. 1
DATE: 5/16/2019 REVISION NO. 0
2923 South Tryon Street- Suite 100Charlotte, North Carolina 28203704-586-0007 (p) 704-586-0373 (f)License # C-1269 / #C-245 Geology
SITE LOCATION MAP
ESTUL TOOLS & MANUFACTURING COMPANY215 N. AMES STREET
MATTHEWS, NORTH CAROLINA
0 2,000 4,000
SCALE IN FEET
APPROXIMATEÜ
U.S.G.S QUADRANGLE MAP
MATTHEWS, NORTH CAROLINA, 2016
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
SITE

23001-19-060/ESTUL Tools & Manufacturing

1
Exhibit 2 The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on April 25, 2019. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the concentration found at each sample location, and the applicable standard or screening level. Screening levels and groundwater standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement.
GROUNDWATER Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):

Groundwater Contaminant Sample Location Highest
Concentration
Exceeding
Standard
(µg/L)
Date of
Sampling
Most Recent Concentration
(µg/L)
Date of Sampling 2L Standard
(µg/L)
1,1,1-
Trichloroethane
MW-1

300 8/2/1996 3.2 4/9/2019 200
1,1,2-Trichloroethane 360 3/21/1991 22 4/9/2019 0.6*
1,1-Dichloroethane 360 8/2/1996 29 4/9/2019 6
1,2-Dichloroethane 25 8/2/1996 <0.32 4/9/2019 0.4
1,1-Dichloroethylene 1,200 3/21/1991 7.8 4/9/2019 350
cis-1,2-Dichloroethylene 150 4/9/2019 150 4/9/2019 70
trans-1,2-
Dichloroethylene
110 3/21/1991 <0.62 4/9/2019 100
1,4-Dioxane 33 4/9/2019 33 4/9/2019 3
Carbon Tetrachloride 1,000 3/21/1991 <0.22 4/9/2019 0.3
Benzene 14 3/21/1991 <0.36 4/9/2019 1
Chloroform 71 3/21/1991 1.3 J 4/9/2019 70
Methylene Chloride 84 3/21/1991 <0.68 4/9/2019 5
Tetrachloroethylene 360 8/2/1996 100 4/9/2019 0.7
TMW-2 0.94 J 4/9/2019 0.94 J 4/9/2019 0.7

23001-19-060/ESTUL Tools & Manufacturing

2

Groundwater
Contaminant
Sample
Location
Highest
Concentration
Exceeding
Standard
(µg/L)
Date of
Sampling
Most Recent
Concentration
(µg/L)
Date of
Sampling
2L
Standard
(µg/L)
Trichloroethylene MW-1 420 8/2/1996 36 4/9/2019 3
*NC 2L Standard not established, Interim Maximum Allowable Concentration used instead.
J = compound was detected above the laboratory method detection limit but below the laboratory
reporting limit resulting in an estimated concentration.

GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Non-Residential Vapor Intrusion Screening Levels of the Division of Waste
Management February 2018 version):
Groundwater Contaminant with
Potential for
Vapor Intrusion
Sample Location Highest Concentration
Exceeding
Screening
Level (µg/L)
Date of Sampling Most Recent Concentration
(µg/L)
Date of Sampling Non-Residential
VISL1
(µg/L)
1,1,2-
Trichloroethane
MW-1

360 3/21/1991 22 4/9/2019 5.2
1,1-Dichloroethane 360 8/2/1996 29 4/9/2019 330
1,1-
Dichloroethylene
1,200 3/21/1991 7.8 4/9/2019 160
Carbon Tetrachloride 1,000 3/21/1991 <0.22 4/9/2019 18
Chloroform 71 3/21/1991 1.3 J 4/9/2019 36
Tetrachloroethylene 360 8/2/1996 100 4/9/2019 48
Trichloroethylene 420 8/2/1996 36 4/9/2019 4.4
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.

23001-19-060/ESTUL Tools & Manufacturing

3

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial/Commercial Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (May 2019 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding Screening Level (mg/kg)
Industrial/Comm
ercial Screening Level1 (mg/kg)
Arsenic2 SB-13 0 – 2 4/9/2019 7.2 3.0
Chromium (Total)2 SB-12 0 – 2 4/9/2019 12 6.5/350,0003
SB-13 0 – 2 4/9/2019 63
SB-14 0 – 2 4/9/2019 494
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2Concentrations considered to represent naturally occurring background levels in soil.
3Hexavalent chromium/trivalent chromium Preliminary Soil Remediation Goals. Based on note 9 to the May 2019 PSRGs, if only total chromium is reported, the result may be entered as trivalent chromium if it can be verified that total chromium levels are within natural background concentrations.
4Concentration representative of duplicate from parent sample.
SUB-SLAB SOIL VAPOR OR SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Non-Residential Sub-Slab and Exterior Soil Gas Screening Levels of the Division of Waste Management (February 2018 version):

Soil Gas Contaminant Sample Location Highest Concentration Exceeding
Screening
Level (µg/m3)
Date of Sampling Non-Residential Sub-slab and Exterior Soil Gas
Screening Levels1
(µg/m3)
Chloroform SS-1 640 2/22/2017 530
Tetrachloroethylene SS-2A 7,600 4/25/2019 3,500
Trichloroethylene 410 4/25/2019 180
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.

23001-19-060/ESTUL Tools & Manufacturing

4

INDOOR AIR

Indoor air contaminants in micrograms per cubic meter, the screening levels for which
are derived from Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (February 2018 version):
Indoor Air
Contaminant
Sample
Location1 Highest
Concentration Exceeding Screening
Level (µg/m3)
Date of
Sampling
Most Recent
Concentration
(µg/m3)
Date of
Sampling
Non-
Residential
Indoor Air
Screening
Level2
(µg/m3)
Benzene IA-1/IA-1A 7.43 2/17/2017 0.47 4/24/2019 1.6
IA-2/IA-2A 133 2/17/2017 0.42 4/24/2019
IA-3/IA-3A 153 2/17/2017 0.39 4/24/2019
IA-4/IA-4A 133 2/17/2017 0.41 4/24/2019
IA-5/IA-5A 263,4 2/17/2017 0.40 4/24/2019
Trichloroeth
ylene
IA-4/IA-4A 2.4 2/17/2017 1.1 4/24/2019 1.8
IA-5/IA-5A 2.6 2/17/2017 1.7 4/24/2019
1Indoor air samples ending with an “A” designation were collected in April 2019 in the vicinity of indoor air samples with corresponding naming structure collected in February 2017 (i.e., IA-1A collected in the
vicinity of IA-1).
2Screening limits displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
3Fuels associated with the former motorcycle repair facility present at time of sampling. 4Concentration representative of duplicate from parent sample.
Exhibit C Beginning at a point being located on the northern right of way for North Ames Street being situated in the Town of Matthews, Mecklenburg County, North Carolinas, said point also being located near the centerline of rail road tracks; thence with said tracks a bearing of N 33°35'25" W and a distance of 209.58' to a point; thence with a bearing of N 28°58'25" W and a distance of 70.10' to a point; thence leaving the tracks with the common line of the (now or formerly) Mary C. Hulsey Family LP as recorded in Deed Book 13102, Page 503 with a bearing of N 39°01'35" E and a total distance of 235.31' to a magnetic reading in asphalt (passing a rebar set at 62.29’ and a rebar found at 104.28’); thence continuing with a bearing of N 71°29'45" E and a distance of 88.87' to a rebar found; thence with a bearing of S 46°52'45" E and a distance of 35.00' to a rebar found; thence with a bearing of N 87°46'08" E and a distance of 27.13' to a rebar found on the western right of way of West Matthews Street; thence with said right of way an Arc to the Left, having a Radius of 188.28', and a Length of 65.76', and being Chorded by a bearing of S 40°58'04" E and a distance of 65.43' to a point; thence with a bearing of S 50°58'25" E and a total distance of 77.55' to a rebar set (passing a rebar found at 70.00’); thence with an Arc to the Right, having a Radius of 20.00', and a Length of 31.42', and being Chorded by a bearing of S 5°58'25" E, and a distance of 28.28' to a point; thence with a bearing of S 39°01'35" W and a total distance of 383.18’ to the point of beginning (passing rebars set at 59.00’ and 319.97’), containing 2.151 acres, more or less.