22075_Seaboard Station_PCPkg_20221114

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: Seaboard Station
Brownfields Project Number: 22075-18-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NI. The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than November 16, 2022, and will end no sooner than the
later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest
of the three (3) above -referenced tasks, if such completion occurs later than the date stated herein. All comments
and meeting requests should be addressed as follows:
Seaboard Station/22075-18-092/14Nov2022
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
I

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Seaboard Station
Brownfields Project Number: 22075-18-092
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North Carolina General
Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-310.34, Seaboard
Station Joint Venture LP, as Prospective Developer, has filed with the North Carolina Department of Environmental Quality
("DEQ") a Notice of Intent to Redevelop a Brownfields Property ("Brownfields Property") located at 605 and 721 Halifax
Street, 10 West Franklin Street, and 802 Semart Drive, Raleigh, Wake County, North Carolina. The Brownfields Property,
which is the former site of residential, commercial, warehousing, and retail uses, and is downgradient of a former laundry
and dry cleaning operation, consists of approximately 6.93 acres. Environmental contamination exists on the Brownfields
Property in groundwater, soil, exterior soil gas, and sub -slab vapor. Seaboard Station Joint Venture LP has committed itself
to redevelop the Brownfields Property for no uses other than high -density residential, office, retail, grocery, hotel, restaurant,
recreation, health care facility, educational space, cocktail bar, drop -in childcare, parking, and subject to DEQ's prior written
approval, other commercial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed
Brownfields Agreement between DEQ and Seaboard Station Joint Venture LP, which in turn includes (a) a map showing
the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of the
Property, (c) the above -stated description of the intended future use of the Brownfields Property, and (d) proposed
investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with NCGS §
130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Oberlin Regional Library,
1930 Clark Ave., Raleigh, NC by contacting Robert Lambert, Library Manager, at robert.lambertgwakegov.com or at (919)
856-6710; or at the offices of the N.C. Brownfields Program, 217 West Jones Street, Raleigh, NC by contacting Shirley
Liggins at that address, at shirley.ligginsgncdenr.gov, or at [phone]. The full Notice of Intent to Redevelop a
Brownfields Property may be reviewed online at the DEQ public record database, Laserfiche, by entering the project number
22075-18-092 into the search bar at the following web address:
https://edocs.deq.nc.cov/WasteManagementAVelcome.aspx?dbid=0&repo=WasteMana eg ment
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day
after which all of the following public notice tasks have occurred: the date this Notice is: (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the
Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property.
Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests
for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will
start no sooner than November 16, 2022, and will end no sooner than the later of. 1) 30 and 21 days, respectively, after
that; or 2) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced tasks, if such
completion occurs later than the date stated herein. All public comments and public meeting requests should be addressed
as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Seaboard Station/22075-18-092/14Nov2022

Property Owner: Seaboard I LLC, Seaboard II LLC, Seaboard Station IV LLC, and Seaboard
Station V LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Seaboard Station
Brownfields Project Number: 22075-18-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 202_ by
Seaboard Station Joint Venture LP ("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 605 and 721 Halifax Street, 10 West Franklin Street, and
802 Semart Drive, Raleigh, Wake County. Seaboard Station was originally developed with
single-family residences in the early 1900s. Circa 1940, when the original Seaboard train station
Seaboard Station/22075-18-092/10Nov2022

opened, the area transitioned to commercial uses and warehousing, and then to a variety of
retail uses. A portion of the site was improved with tennis courts in the 1960s for William Peace
University. Site contamination stems from an onsite underground storage tank (UST) release
(DEQ UST Incident No. 26568) for which a Notice of Residual Petroleum was previously
recorded on the Brownfields Property, and from offsite impacts from an upgradient laundry and
drycleaning operation. The Prospective Developer has committed to redeveloping the property
for no uses other than high -density residential, office, retail, grocery, hotel, restaurant, recreation,
health care facility, educational space, cocktail bar, drop -in childcare, parking, and subject to
DEQ's prior written approval, other commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and 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. 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. The Brownfields Agreement's Exhibit 3
consists of the Notice of Residual Petroleum recorded on the deed on October 20, 2004 in the
Wake County Register of Deeds office (Book 011065, Pages 00892-00896).
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, 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 12 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
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on the Brownfields Property:
Land Uses
a. No use may be made of the Brownfields Property other than for high -density
residential, office, retail, grocery, hotel, restaurant, recreation, health care facility, educational
space, cocktail bar, drop -in childcare, parking, and subject to DEQ's prior written approval, other
commercial uses. These land uses and their definitions below apply solely for purposes of this
agreement, and do not waive any local zoning, rule, regulation, or permit requirements:
i. "High -Density Residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas, and parking garages. Single family homes,
townhomes, duplexes, or other units with yards are prohibited.
ii. "Office" is defined as a place where business or professional services
are provided.
iii. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
iv. "Grocery" is defined as a retail store that offers non-perishable food
packaged in bottles, boxes, and cans, perishable food such as baked goods, meats, deli products,
and fresh produce, and which may sell non-food items, such as clothing and household items and
provide pharmacy, financial, or other services.
v. "Hotel" is defined as the provision of overnight lodging to paying
customers, and associated food services, gym, reservation, cleaning, utilities, parking and on -site
hospitality, management and reception services.
vi. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
vii. "Recreation" is 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 or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
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viii. "Health Care Facility" is defined as a hospital, urgent care clinic,
medical clinic (excluding veterinary), rehabilitation center, health maintenance organization
(excluding a group home), which routinely provides for the diagnostics, care, treatment of, and
testing for physical or psychological injury or illness, or disability, and/or for the short-term
boarding of patients.
ix. "Educational Space" is defined as interior space operated by a privately
or publicly -owned institution, facility, or enterprise that provides education to pre-school,
elementary, and older students, including session camps designed for school -age children.
x. "Cocktail bar" is defined as a commercial business establishment that
prepares and serves mixed alcoholic drinks and other beverages, and snacks under all applicable
local, state, and federal regulations to patrons.
xi. "Drop -in Childcare" is defined as short-term care for children that is
excluded from the definition of childcare in NCGS § 110-86(2), and is provided while parents
participate in activities that are not employment -related and where the parents are on the
premises or otherwise easily accessible, or is that provided by an employer for its part-time
employees under the conditions specified in NCGS § 110-86(2)d and § 110-86(2)dl.
xii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
xiii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
Environmental Management Plan
c. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an Environmental Management Plan ("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:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
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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 and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
d. Within 90 days 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 since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: 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).
Demolition of Existing Structures
e. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
Underground Storage Tank Removal
f. Not later than completion of redevelopment, the suspected underground storage
tanks (USTs) and their appurtenances identified above in paragraph 3, if present, shall be
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removed and addressed to the satisfaction of DEQ.
Groundwater
g. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.c. above, or a plan
approved in writing in advance by DEQ.
Soil
h. No activity that disturbs soil on the Brownfields Property as delineated on the
plat component of the Notice of Brownfields Property referenced below in paragraph 16, 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 12.a. above while
fully protecting public health and the environment, except:
inches;
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; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 12.c. above.
i. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways.
j. 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 in subparagraph 12.c.
Vapor Intrusion
k. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
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Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors
into building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Prouerty Access
1. 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.
Monitoring Wells
in. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon all
monitoring wells, injection wells, recovery wells, piezometers and other manmade points of
groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A
of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ.
Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting
forth the procedures and results.
n. Except for the work related to subparagraph 12.m. above, the owner of any
portion of the Brownfields Property where any existing, or subsequently installed, DEQ-
approved monitoring well is damaged by the owner, its contractors, or its tenants, the owner shall
be responsible for repair of any such wells to DEQ's written satisfaction and within a time period
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acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance.
Notification of Tenants
o. 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 Wake County land
records, Book , Page . A copy of any such
instrument shall be sent to the persons listed in Section XVII (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 may use the following mechanisms to comply
with the obligations of this paragraph: (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 XVII (Notices 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 XVII.
Separating Old from New Contamination
p. 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:
in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of products and materials customarily used and stored in
high -density residential, office, retail, grocery, hotel, restaurant, recreation, health care facility,
educational space, cocktail bar, drop -in childcare, parking, and subject to DEQ's prior written
approval, other commercial uses, provided such products and materials are stored in original
retail packaging and used and disposed of in accordance with applicable laws;
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; or
iv. 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.
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Land Use Restriction Update
q. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. If the property is transferred, the grantor shall submit a LURU (as
outlined above) which covers the period of time they owned the property. The submitted LURU
shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, 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 121. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system.
iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the Brownfields Property address, and the
name, mailing address, telephone number, and contact person's e-mail address of the entity
submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is
submitted.
v. A LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 17 and 18 of this Agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases.
vi. A property owners' association or other entity may perform this
LURU's duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the Brownfields property address, and the name,
mailing address, telephone number, and e-mail address of each owner on whose behalf the
LURU is proposed to be submitted.
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For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Unit referenced in subparagraph 31.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.
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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 , 202_.
Seaboard Station Joint Venture LP
By: RBC GPM LLC, its managing member
By: LH 1-Manager LLC, its managing member
LN
NORTH CAROLINA
COUNTY
Shawn Seaman
President
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 Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
Seaboard Station/22075-18-092/lONov2022
11

ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Seaboard Station I LLC
Shawn Seaman Date
NORTH CAROLINA
COUNTY
I certify that the following person(s)
acknowledging to me that he or she voluntaril
stated therein and in the capacity indicated:
Date:
(Official Seal)
y
personally appeared before me this day, each
signed the foregoing document for the purpose
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
Seaboard Station/22075-18-092/lONov2022
12

************************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Seaboard Station II LLC
Shawn Seaman Date
NORTH CAROLINA
COUNTY
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 Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
Seaboard Station/22075-18-092/lONov2022
13

************************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Seaboard Station IV LLC
Shawn Seaman Date
NORTH CAROLINA
COUNTY
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 Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
Seaboard Station/22075-18-092/lONov2022
14

************************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Seaboard Station V LLC
Shawn Seaman Date
NORTH CAROLINA
COUNTY
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 Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
Seaboard Station/22075-18-092/lONov2022
15

************************************
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
Michael E. Scott Date
Director, Division of Waste Management
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16

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Seaboard Station Joint Venture LP
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et SeMc .
Brownfields Project No. 22075-18-092
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
Seaboard Station
605 and 721 Halifax Street
10 West Franklin Street
802 Semart Drive
Raleigh, Wake County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Seaboard Station Joint Venture LP
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et SeMc . (the "Act") for the property located at 605 and 721 Halifax Street, 10 West
Franklin Street, and 802 Semart Drive, Raleigh, NC (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.
The Prospective Developer is Seaboard Station Joint Venture LP, a Limited Partnership,
headquartered at 760 Maine Avenue SW, Washington, DC 20024. Shawn Seamanis the
President of LH 1-Manager LLC, the managing member of RBC GPM LLC, which is the
managing member of Seaboard Station Joint Venture LP, all of which are at the same address.
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 X (Certification), Section XI (DEQ's Covenant Not to Sue and
Seaboard Station/22075-18-092/09Nov2022

Reservation of Rights) and Section XII (Prospective Developer's Covenant Not to Sue), the
potential liability of Seaboard Station Joint Venture LP for contaminants at the Brownfields
Property.
The Parties agree that Seaboard Station Joint Venture LP's entry into this Agreement, and
the actions undertaken by Seaboard Station Joint Venture LP in accordance with the Agreement,
do not constitute an admission of any liability by Seaboard Station Joint Venture LP for
contaminants at the Brownfields Property. The resolution of this potential liability, in exchange
for the benefit Seaboard Station Joint Venture LP shall provide to DEQ, is in the public interest.
11. 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 Seaboard Station Joint Venture LP.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel
IDs
605 Halifax Street (PIN 1704720130) — Block A
721 Halifax Street PIN 1704720443 — Block B
2
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
10 West Franklin Street (PIN 1704627464) — Block C
802 Semart (PIN 1704628864) — Block D
At the time of the Brownfields Property Application, the
Brownfields Property consisted of seven parcels: 1704629079,
1704720186,1704720096,1704629445,1704721405,
1704627406 and 1704628864, but these were recombined as
noted above.
Acreage
Approximately 6.95 acres
605 Halifax Street (PIN 1704720130) - Seaboard Station IV
LLC; it is anticipated that Seaboard Station Apartment A
LLC and Seaboard Station Retail A LLC will have a future
condominium interest
721 Halifax Street (PIN 1704720443) — Seaboard I LLC; it is
Current Property Owner
anticipated that Seaboard Station Retail B LLC will have a
future condominium interest
10 West Franklin Street (PIN 1704627464) — Seaboard
Station V LLC;it is anticipated that Seaboard Station Retail C
LLC will have a future condominium interest
802 Semart PIN 1704628864 — Seaboard II LLC
Current Land Uses
Mixed -use development under construction
William Peace University to the east, rail tracks to the north,
Site Vicinity Land Use(s)
historic Seaboard Station building and rail tracks to the west,
and commercial development to the south.
High -density residential, office, retail, grocery, hotel,
Proposed Reuse(s)
restaurant, recreation, health care facility, educational space,
cocktail bar, drop -in childcare, parking, and subject to DEQ's
prior written approval, other commercial uses.
Increased tax base, spur to additional community investment
Public Benefits of Reuse
and redevelopment, creation of construction and permanent
jobs, and smart growth.
Notice of Residual Petroleum (NORP) for UST Incident No.
26568 located at 804 Semart Drive, Raleigh, was recorded at
the Wake County Registry of Deeds on October 20, 2004 in
Existing Land Use
Book 011065, Pages 00892-00896. The NORP states that
Restrictions Prior to
groundwater from the site is prohibited from use as a water
Brownfields Agreement
supply. Water supply wells of any kind shall not be installed
or operated on the site. This is not in conflict with the
Brownfields land use restrictions in this Agreement and
therefore the NORP remains in force and is not superseded by
this Agreement.
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ENVIRONMENTAL INFORMATION SUMMARY
Seaboard Station was originally developed with single-family
residences in the early 1900s. Circa 1940, when the original
Seaboard train station opened, the area transitioned to
commercial uses and warehousing, and then to a variety of
retail uses. A portion of the site was improved with tennis
courts in the 1960s for William Peace University.
Known contaminant sources include an offsite release of dry-
cleaning solvents from the former Flints Laundry and Dry -
Cleaning facility, located about 1,000 feet to the south and
upgradient of Seaboard Station. The release at this facility
contaminated groundwater throughout the area north of the
dry cleaners, including at Seaboard Station. Flints Laundry
and Dry Cleaning is enrolled in the North Carolina Dry
Cleaning Solvent Clean Up Act (NC DSCA) program, No.
Historical Operations &
DC920046.
Contaminant Sources
A release of petroleum hydrocarbons is documented at 804
Semart Dr. on Block D of the Brownfields Property. The
release is assigned DEQ Undergound Storage Tank (UST)
Section Incident No. 26568. A gasoline UST for vehicle
refueling and a fuel oil UST for boiler fuel were believed to
have operated at this location from at least the 1940s or 1950s
through the 1970s. The USTs were believed to have been
closed in place or removed in the early 1990s, but there are no
available records to support removal of the USTs nor any
contaminated soil. Assessment work for this incident was
completed in 2004. Although petroleum hydrocarbons were
detected in site soil and groundwater, a No Further Action
Letter was issued by NC DENR on October 19, 2004, and a
NORP as noted above was recorded which prohibits the use
of groundwater and the installation of ground water supply
wells at this location.
Current Operations/Activities
Construction of a mixed -use development and leasing of pre-
existing retail and commercials ace.
Soil:
Arsenic, petroleum hydrocarbons, and polynuclear aromatic
hydrocarbons (PAHs) were detected in site soil above their
Contaminated Media
respective Residential Preliminary Soil Remediation Goals
(PSRGs). Most soil represented by data in the environmental
reports in Block A has been removed from the site during
construction activities. Additional excavation is anticipated
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ENVIRONMENTAL INFORMATION SUMMARY
for Blocks B, C, and potentially D.
Groundwater: Benzene, methyl tert-butyl ether, petroleum
hydrocarbons, tetrachloroethene (PCE), trichloroethene
(TCE), and xylenes above their respective NC 2L
Groundwater Standards are detected at the Brownfields
Property. Concentrations of benzene, ethylbenzene, PCE,
TCE, and xylenes also exceed their respective Residential
Vapor Intrusion Screening Levels (VISL) in groundwater.
Exterior Soil Gas: Benzene, chloroform, ethylbenzene, PCE,
TCE, and xylenes detected in exterior soil gas samples at the
Brownfields Property exceed their respective Residential
VISLs in exterior soil gas samples. Additional compounds are
detected but do not have established screening levels
associated with them.
Sub -Slab Vapor: Chloroform, naphthalene and PCE exceed
their respective Residential VISLs in sub -slab samples.
Additional compounds are detected but do not have
established screening levels associated with them.
Indoor Air: No indoor air testing has been conducted because
the existing buildings have been or will be demolished and
vapor intrusion mitigation systems are planned to be installed
in the new buildings.
Surface Water/Sediment: N/A — There are no onsite surface
waters or sediments
North Carolina Dry Cleaning Solvent Clean Up Act —
No. DC920046.
ID Numbers/Permits
North Carolina Underground Storage Tank Program -
Incident No. 26568
Residents, construction workers, non-residential workers,
Onsite Receptors Considered
students, and retail, grocery, hotel, restaurant, drop -in
childcare, and recreational customers, and trespassers.
Potential Offsite Receptors
i. Water supply wells: Water supply wells are identified in
Considered
close proximity to the site in the DSCA environmental reports
for the Flint Laundry and Drycleaners. The closest is an
irrigation well, WSW-2, that is located immediately west of
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ENVIRONMENTAL INFORMATION SUMMARY
Block D and has been used by a plant nursery at this off -site
property.
ii. Residential structures, churches, or childcare centers: None
known.
iii. Surface water: The Pigeon House Branch located west of
the Brownfields Property could be impacted by groundwater
contamination originating from the upgradient former Flint
Laundry and Dry Cleaner location.
Groundwater: Contaminated groundwater originating
Potential offsite migration
upgradient of the Brownfields Property could be migrating to
pathways
the west-northwest to the Pigeon House Branch.
Soil Vapor: None identified at the property boundary.
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Data Gap Assessment Report, Seaboard
Mid -Atlantic Associates, Inc.
August 4, 2022
Station Block C Redevelopment
Confirmation In -Situ Soil Assessment
ECS Southeast, LLP
December 7, 2020
Block B Letter Report
Report of In -Situ Soil Assessment —
ECS Southeast, LLP
August 19, 2020
Block B, Seaboard Station
Report of In -Situ Soil Assessment, Block
ECS Southeast, LLP
August 12, 2020
A, Seaboard Station
Report of Environmental Assessment,
ECS Southeast, LLP
March 16, 2020
Seaboard Station
Environmental Soil and Groundwater
Sampling Report, Seaboard Station and
ECS Southeast, LLP
November 20, 2018
Vicinity Parcels
Soil Sampling and Environmental
ECS Southeast, LLP
October 26, 2018
Screening Report, Seaboard Station and
0
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Title
Prepared by
Date of Report
Vicinity Parcels
Phase I Environmental Site Assessment,
ESC Southeast, LLP
October 3, 2018
Seaboard Station
Soil and Soil Gas Sampling Report,
ESC Southeast, LLP
November 14, 2017
Seaboard Station
b. Other available reports
Title
Prepared by
Date of Report
Phase I Environmental Site Assessment,
Sepi Engineering &
August 15, 2013
Seaboard Properties
Construction
Notice of Residual Petroleum, Incident No.
Jordan Price Wall
26568, certified copy
Gray Jones & Carlton
November 1, 2004
Law Offices
Division of Waste
Notice of No Further Action
Management,
Underground Storage
October 19, 2004
Tank Section
Limited Site Assessment, Additional Site
GeoLogix, Inc.
Follow-UpIncident No. 26568
October 5, 2004
Limited Site Assessment — Phase I Follow -Up
GeoLogix, Inc.
June 16, 2004
to Initial LSA Site Work, Incident No. 26568
Limited Site Assessment — Phase I, Incident
GeoLogix, Inc.
March 25, 2004
No. 26568
Division of
UST Leak Reporting Form
Environmental
September 20, 1995
Management
c. Other applicable off -site reports:
Title
Prepared by
Date of Report
Water Supply Well Sampling, Flint's
Laundry and Dry Cleaning, DSCA Site ID:
Hart & Hickman, PC
July 21, 2021
DC920046
Groundwater Monitoring Report, Flint's
Laundry and Dry Cleaning, DSCA ID:
Hart & Hickman, PC
July 16, 2020
DC920046
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IV. PROSPECTIVE DEVELOPER'S INVOLVEMENT
5. 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 December 10, 2018, and a
revised BPA on April 2, 2021, and the following:
a. On December 13, 2018, Prospective Developer's affiliated companies
purchased the Brownfields Property; which consisted of the following seven parcels:
1704629079, 1704720186 and 1704720096, referred to as Block A; 1704629445 and
1704721405, referred to as Block B; 1704627406, referred to as Block C; and 1704628864,
referred to as Block D;
b. From December 2018 until the start of redevelopment in the fall of 2020,
Prospective Developer continued to lease portions of the Brownfields Property to the existing
Seaboard Station retail tenants;
c. In November 2020, Prospective Developer began redevelopment activities
consisting of demolition of building improvements on Blocks A and B in accordance with the
DEQ-approved Environmental Management Plan required by subparagraph 12.c. below;
d. In December 2020, Prospective Developer began grading and vertical
construction at Block B;
e. On April 30, 2021, July 1, 2022, and August 29, 2022, Prospective
Developer caused the recombination of six of the seven parcels into three new parcels:
1704720130 (Block A), 1704720443 (Block B), and 1704627464 (Block C) respectively; with
Seaboard Station/22075-18-092/09Nov2022

the seventh parcel, Parcel 1704628864 (Block D), maintaining its original parcel number
assignment and boundaries;
f. In the fall of 2022, Prospective Developer began redevelopment activities
consisting of demolition of the existing improvements at Block C and grading and vertical
construction at Blocks A and C.
6. 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);
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
0
Seaboard Station/22075-18-092/09Nov2022

requirements.
7. The Parties agree that a $30,000 "Redevelopment Now" fee Prospective Developer
has paid suffices 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.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property's productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of hundreds of temporary construction jobs and approximately 50
permanent jobs;
d. an increase in tax revenue for affected jurisdictions;
e. additional high -density residential, office, retail, grocery, hotel, restaurant,
recreation, health care facility, educational space, cocktail bar, drop -in childcare, and parking
space for the area;
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
10
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VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI 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
11
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Environmental Management Plan (EMP) as specified in subparagraph 12.c. below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
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. Additionally, all land use restrictions contained in the deed notification entitled
Notice of Residual Petroleum, 804 Semart Ave., Raleigh, Wake County, recorded by Jordan Price
Wall Gray Jones & Carlton on the deed to the Brownfields Property on October 20, 2004 in
Book 011065, Pages 00892-00896 at the Wake County Register of Deeds office, and as attached
hereto as Exhibit 3, remain in force. All references to DEQ shall be understood to include any
successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for high -density
residential, office, retail, grocery, hotel, restaurant, recreation, health care facility, educational
space, cocktail bar, drop -in childcare, parking, and subject to DEQ's prior written approval, other
commercial uses. These land uses and their definitions below apply solely for purposes of this
agreement, and do not waive any local zoning, rule, regulation, or permit requirements:
i. "High -Density Residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
12
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usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas, and parking garages. Single family homes,
townhomes, duplexes, or other units with yards are prohibited.
are provided.
ii. "Office" is defined as a place where business or professional services
iii. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
iv. "Grocery" is defined as a retail store that offers non-perishable food
packaged in bottles, boxes, and cans, perishable food such as baked goods, meats, deli products,
and fresh produce, and which may sell non-food items, such as clothing and household items and
provide pharmacy, financial, or other services.
v. "Hotel" is defined as the provision of overnight lodging to paying
customers, and associated food services, gym, reservation, cleaning, utilities, parking and on -site
hospitality, management and reception services.
vi. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
vii. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
13
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same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
viii. "Health Care Facility" is defined as a hospital, urgent care clinic,
medical clinic (excluding veterinary), rehabilitation center, health maintenance organization
(excluding a group home), which routinely provides for the diagnostics, care, treatment of, and
testing for physical or psychological injury or illness, or disability, and/or for the short-term
boarding of patients.
ix. "Educational Space" is defined as interior space operated by a privately
or publicly -owned institution, facility, or enterprise that provides education to pre-school,
elementary, and older students, including session camps designed for school -age children.
x. "Cocktail bar" is defined as a commercial business establishment that
prepares and serves mixed alcoholic drinks and other beverages, and snacks under all applicable
local, state, and federal regulations to patrons.
xi. "Drop -in Childcare" is defined as short-term care for children that is
excluded from the definition of childcare in NCGS § 110-86(2), and is provided while parents
participate in activities that are not employment -related and where the parents are on the
premises or otherwise easily accessible, or is that provided by an employer for its part-time
employees under the conditions specified in NCGS § 110-86(2)d and § 110-86(2)d1.
xii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
xiii. "Commercial" is defined as an enterprise carried on for profit or
14
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nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
Environmental Management Plan
c. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an Environmental Management Plan ("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:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
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 and DEQ approval of both fill soil
15
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before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
d. Within 90 days 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 since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: 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).
Demolition of Existing Structures
e. Unless compliance with this Land Use Restriction is waived in writing in
16
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advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
Underiround Storage Tank Removal
f. Not later than completion of redevelopment, the suspected underground storage
tanks (USTs) and their appurtenances identified above in paragraph 3, if present, shall be
removed and addressed to the satisfaction of DEQ.
Groundwater
g. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.c. above, or a plan
approved in writing in advance by DEQ.
Soil
h. No activity that disturbs soil on the Brownfields Property as delineated on the
plat component of the Notice of Brownfields Property referenced below in paragraph 16, may
occur unless and until DEQ states in writing, in advance of the proposed activity, that said
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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 12.a. above while
fully protecting public health and the environment, except:
inches;
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; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 12.c. above.
i. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways.
j. 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 in subparagraph 12.c.
Vapor Intrusion
k. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Seaboard Station/22075-18-092/09Nov2022

Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors
into building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
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Property Access
1. 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.
Monitoring Wells
in. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon all
monitoring wells, injection wells, recovery wells, piezometers and other manmade points of
groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A
of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ.
Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting
forth the procedures and results.
n. Except for the work related to subparagraph 12.m. above, the owner of any
portion of the Brownfields Property where any existing, or subsequently installed, DEQ-
approved monitoring well is damaged by the owner, its contractors, or its tenants, the owner shall
be responsible for repair of any such wells to DEQ's written satisfaction and within a time period
acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance.
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Notification of Tenants
o. 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 Wake County land
records, Book , Page
A copy of any such
instrument shall be sent to the persons listed in Section XVII (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 may use the following mechanisms to comply
with the obligations of this paragraph: (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 XVII (Notices 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 XVII.
Separating Old from New Contamination
p. 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
21
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maintenance activities;
ii. as constituents of products and materials customarily used and stored in
high -density residential, office, retail, grocery, hotel, restaurant, recreation, health care facility,
educational space, cocktail bar, drop -in childcare, parking, and subject to DEQ's prior written
approval, other commercial uses, provided such products and materials are stored in original
retail packaging and used and disposed of in accordance with applicable laws;
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; or
iv. 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.
Land Use Restriction Update
q. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. If the property is transferred, the grantor shall submit a LURU (as
outlined above) which covers the period of time they owned the property. The submitted LURU
shall state the following:
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i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, 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 121. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system.
iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the Brownfields Property address, and the
name, mailing address, telephone number, and contact person's e-mail address of the entity
submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is
submitted.
v. A LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 17 and 18 of this Agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
23
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leases.
vi. A property owners' association or other entity may perform this
LURU's duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the Brownfields property address, and the name,
mailing address, telephone number, and e-mail address of each owner on whose behalf the
LURU is proposed to be submitted.
13. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. 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.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.1. 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
24
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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.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property ("Notice") for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) 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 in the Wake 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.
17. This Agreement shall be attached as Exhibit A to the Notice. 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 Wake
County land records, Book , Page " A copy
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of any such instrument shall be sent to the persons listed in Section XVII (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 persons listed in Section XVII (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 XVII.
18. 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.
IX. DUE CARE/COOPERATION
19. 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, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
26
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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 3 La. below
of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated December 10, 2018, and by the Amended
Brownfields Property Application dated April 2, 2021, by which it applied for this Agreement.
That use is that which is provided in paragraph 12.a. of this Agreement. 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.
XI. DEO'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. 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
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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
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
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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.
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.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. 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 SeMc .
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 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.
29
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XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ's Covenant Not To Sue in Section XI 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
Agreement or the above -referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. 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.
XIV. DISCLAIMER
27. 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.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
30
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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.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
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.
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XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, 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:
Shawn Seaman, President (or successor in function)
Seaboard Station Joint Venture LP
760 Maine Avenue
Washington, DC 20024
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.
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XVIII. EFFECTIVE DATE
32. 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 NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section VIII
(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).
XX. CONTRIBUTION PROTECTION
34. 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.
33
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35. 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.
36. 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.
XXI. PUBLIC COMMENT
37. 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:
Michael E. Scott Date
Director, Division of Waste Management
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IT IS SO AGREED:
Seaboard Station Joint Venture LP
By: RBC GPM LLC, its managing member
By: LH 1-Manager LLC, its managing member
Shawn Seaman
President
Date
35
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Exhibit 1
Brownfields Property Name: Seaboard Station
Brownfields Project Number: 22075-18-092
313 � .
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Exhibit 2
Brownfields Property Name: Seaboard Station
Brownfields Project Number: 22075-18-092
The following tables set forth, for contaminants present at the Brownfields Property
above unrestricted use standards or screening levels as reported in the Environmental Reports in
paragraph 4 of the Brownfields Agreement to which this is an exhibit, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and
standards are shown for reference only and are not set forth as cleanup or mitigation 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, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1, 2022 version):
Groundwater
Contaminant
1
Sample Location
Date of
Sampling
Concentration
Exceeding
Standard
m /L
Standard
(mg/L)
Benzene
05/21/2004
3819
1
GW-2
tert-but 1 ether
GW-1
09/8/2004
45.4
20
-Methyl
Petroleum
Hydrocarbons,
ali hatics, C5-C8
GW-1
01 /3 0/2004
521
400
Tetrachloroethene
MW-7
09/ 18/2019
65
0.7
GW-1
09/8/2004
24.2
GW-1
02/05/2020
72.1
GW-2
9.7
GW-4/GW-DUP
3.5/3.4
Trichloroethene
MW-7
09/06/2016
9.95
3
GW-1
02/05/2020
8.3
X lens
GW-1
05/21/2004
585
500
'Note that there are two different sets of wells with the prefix "GW' ; the first dates from 2004 and the second from
2020.
Seaboard Station/22075-18-092/08Nov2022

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 contained
in the Division of Waste Management Vapor Intrusion Guidance, Residential Vapor Intrusion
Screening Levels (VISL) (July 2022 version):
Groundwater
Concentration
Residential
Contaminant with
Potential for Vapor
Sample Location2
Date of
Exceeding
VI Screening
Intrusion
Sampling
Screening
Level
Level (µg/L)
(µg/L)
Benzene
05/21/2004
1.6
GW_2
8195
cis-1,2-
02/OS/2020
22.6
GW_2
Dichloroethene
3?0
NSE
GW-2
09/08/2004
2.9
Ethylbenzene
05/21/2004
3.5
GW-2
4403
Petroleum
Hydrocarbons,
GW-1
01/30/2004
521
1.7
ali hatics, C5-C8
MW-7
09/18/2019
65
GW-1
02/05/2020
72.1
Tetrachloroethene
12
GW-1
09/08/2004
24.2
MW-7
09/06/2016
9.95
GW-1
8.3
Trichloroethene
1.0
02/OS/2020
GW-2
1.2
Xylene
05/21/2004
585
77
GW_2
176.6
1 Screening 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.
Note that there are two different sets of wells with the prefix "GW' ; the first dates from 2004 and the second from
2020.
NSE — No screening level or regulatory standard established
Seaboard Station/22075-18-092/08Nov2022
2

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2022 version):
Concentration
Residential
Soil
Sample
Depth
Date of
Exceeding
Screening
Contaminant
Location
(ft)
Sampling
Screening
Level'
Level
(mg/kg)
(mg/kg)
p-Isopropyltoluene
5-10
10
01/30/2004
0.0048
NSE
5-15
15
01/30/2004
0.87
2-Meth Ina hthalene
5-10
10
01/30/2004
4,890
48
Petroleum
Hydrocarbons,
5-15
15
01/30/2004
163
20
Ali hatics, C9-C 12
Petroleum
5-10
10
01/30/2004
742
Hydrocarbons,
20
Ali hatics, C9-C 18
5-15
15
01/30/2004
83.9
Petroleum
Hydrocarbons,
5-15
15
01/30/2004
90.9
20
Aromatics, C9-C 10
Petroleum
5-10
10
01/30/2004
493
Hydrocarbons,
20
Aromatics, C 11-C22
5-15
15
01/30/2004
138
5-10
10
01/30/2004
2.45
Phenanthrene
NSE
5-15
15
01/30/2004
0.879
'Screening 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.
NSE — No screening level or regulatory standard established
Seaboard Station/22075-18-092/08Nov2022

EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2022 version):
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
(µg/m3)
Benzene
02/4/2020
77.7
12
SG-0
28
Chloroform
ESG-1
06/24/2022
15
4.1
ESG-2
280
ESG-3
5.7
ESG-4
210
ESG-5
40
ESG-6
23
ESG-7
15
ESG-8
4.1
ESG-9
160
SG-7
09/28/2017
8.7
SG-10
02/04/2020
4.2
cis-1,2-Dichloroethene
SG-10
02/04/2020
4.6
NSE
Ethylbenzene
SG-9
02/04/2020
297
37
SG-10
02/04/2020
86.4
4-Ethyltoluene
ESG-1
06/24/2022
3.0
NSE
ESG-2
1.9
ESG-4
0.73 J
ESG-6
1.0
ESG-8
1.8
SG-10
02/04/2020
7.9
Ethanol
ESG-1
06/24/2022
43
NSE
ESG-2
46
ESG-4
28
ESG-5
21
ESG-6
34
ESG-7
43
ESG-8
50
Tetrachloroethene
SG-9
02/04/2020
280
1
3,640
Trichloroethene
SG-10
02/04/2020
85.6
14
Seaboard Station/22075-18-092/08Nov2022
4

Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
(µg/m3)
Trichlorofluoromethane
ESG-1
06/24/2022
77
NSE
ESG-2
49
ESG-3
89
ESG-4
42
ESG-5
130
ESG-6
160
ESG-7
640
ESG-8
22
ESG-9
13
SG-4
09/28/2017
8.9
X lenes
SG-9
02/04/2020
2,065
700
'Screening 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.
NSE - No screening level or regulatory standard established
J — Estimated value between the method detection limit and the laboratory reporting limit.
Seaboard Station/22075-18-092/08Nov2022

SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2022 version):
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level'
(µg/m)
Chloroform
SSSG-3/DUP
06/24/2022
5.415.5
4.1
1,3 Dichlorobenzene
SSSG-2
06/24/2022
1.6
NSE
Ethanol
SSSG-1
06/24/2022
89
NSE
SSSG-2
31
SSSG-3/DUP
17/19
Ethyl Acetate
SSSG-1
06/24/2022
16
NSE
Naphthalene
SG-11
02/03/2020
5.8
2.8
Tetrachloroethylene
SSSG-2
06/24/2022
730
280
SG-11/DUP
02/03/2020
625/518
280
Trichlorofluoromethane
SG-11/DUP
02/03/2020
24.8/28.6
NSE
06/24/2022
.4J
SSSG-2
SSSG-3/DUP
7.4/8.5
'Screening 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.
NSE - No screening level or regulatory standard established
Seaboard Station/22075-18-092/08Nov2022

EXHIBIT 3
NOTICE OF RESIDUAL PETROLEUM
LAW OFFICES
,JORDAN PRICE WALL GRAY .JONES & CARLTON
A PROFESSIONAL LIMfrED LIABILRY COMPANY
.10SEPH E. WALL
R. FRANK GRAY
HENRY W. JONES, JR.
PAULT. FLICK
TERRYJ. CARLTON
HOPE DERBY CARMICHAEL
JONATHAN P. CARR
WILLIAM K. HALE
JEFFREY R. ELLINGER
STEPHEN R. DOLAN
SARA CARRIGAN MOESTA
BRIAN S. EDLIN
JEFFREYJ. GOEBEL
JOSEPH E. PROPST
ROBERT L. ANGE
JOHN R. JORDAN, JR.
ROBERT R. PRICE
KAREN KELLY CARLTON
OF COUNSEL
RALEIGH, NORTH CAROLINA
November 1, 2004
1951 CLARK AVENUE
RALEIGH, NC 27605
MAILING ADDRESS
POST OFFICE BOX 10669
RALEIGH, NC 27605-0669
TELEPHONE
(91 9) 828-2501
FACSIMILE
(9 1 9) 83 1-4484
E-MAIL
[e-mail]
NCDENR — Raleigh Regional Office
UST Section — Robert K. Davies
1628 Mail Service Center r
Raleigh, NC 27699'
Re: Notice of Residual Petroleum — incident # 26568 — Gregory & Parker — Semart D
I
Dear Mr. Davies:
Per your department's instructions relating to recording of Notice of Residtrd troleum;
please find enclosed a certified copy of the recorded Notice affixed with the seal of the Wakd .'
County Register of Deeds. Please note that the Notice was recorded in Book 11065, Page 892, `N
Wake County Registry.
Thank you for your department's assistance in this matter and please let me know if
anything else is required for compliance.
Sincerely,
JORDAN PRICE WALL GRAY JONES & CARLTON, PLLC

0=0�q
WAKE
COUNTY
NORTH CAROLINA
Wake County Register of Deeds
Post Office Box 1897
Raleigh, North Carolina 27602-1897
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Laura M. Riddick
Register Of Deeds
I, LAURA M. RIDDICK, REGISTER OF DEEDS IN AND FOR THE ABOVE NAMED
STATE AND COUNTY, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE
AND EXACT COPY OF AN INSTRUMENT RECORDED IN THE WAKE COUNTY
REGISTRY ON OCTOBER 20, 2004, IN BOOK 11065 PAGE 892.
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED
THE OFFICIAL SEAL OF MY SAID OFFICE TO BE AFFIXED HERETO THIS, THE
28TH DAY OF OCTOBER, 2004.
REGISTER OF DEEDS
M.
* REG TER OF * DEPUTY /
SEAL.

(page 1 of'5)
BK011065PGO0892
WAKE COUNTY. MC 476
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
18r2812884 AT 15:36:42
HOOK:6118Gs PAGE:88892 - 0089G
NOTICE OF RESIDUAL PETROLEUM
804 Semart Ave., Raleigh, Wake County, NC
The property that is the subject of this Notice (hereinafter referred to as the "Site")
contains residual petroleum and is an Underground Storage Tank (UST) incident under North
Carolina's Statutes and Regulations, which consist of N.C.G.S.143-215.94 and regulations
adopted thereunder. This Notice is part of a remedial action for the Site that has been
approved by the Secretary (or his/her delegate) of the North Carolina Department of
Environment and Natural Resources (or its successor in function), as authorized by N.C.G.S.
Section 143B-279.9 and 143B-279.11. The North Carolina Department of Environment and
Natural Resources shill hereinafter be referred to as "DENR".
NOTICE
Petroleum product was released and/or discharged at the Site. Petroleum constituents
remain on the site, but are not a danger to public health and the environment, provided that
the restrictions described herein, and any other measures required by DENR pursuant to
N.C.G.S. Sections 14313279.9 and 143B-279.11, are strictly complied with. This "Notice of
Residual Petroleum" is composed of a description of the property, the location of the residual
petroleum and the land use restrictions on the Site. The Notice has been approved and notarized by
DENR pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11 and has/shall be recorded at the
Wake County Register of Deeds' office.
Source Propertv
Gregory & Parker Inc. of Raleigh, North Carolina is the owner in fee simple of all of the Site, which
is located in the County of Wake, State of MRFC-arolina, and is known and legally described as:
PT Lot #9
Address: 804 Semart Ave., Raleigh, NC 27604
PIN:1704-62-8960
Real Estate ID: 26517
Said parcel is also shcwn on plat entitled "Property of Gregory & Parker" and recorded in Book of
Maps 2003, Page 1924, Wake County Registry.

(,Page 2 of '5)
BKO11065PGO0893
Additional Affected Pro i)erty_Also Subiect to Restrictions
Triangle Transit Authority of Raleigh, North Carolina is the owner of a portion of the Site, which is
located in the County of Wake, State of North Carolina. A right-of-way over and upon said portion
was reserved by CSX Transportation, Inc., the principal office of which is located at 500 Water St.
Jacksonville, Florida. Petroleum contamination is located on this property at the time this Notice is
approved. This property was also owned or controlled by the underground storage tank owner or
operator or another party responsible for the petroleum discharge or release at the time the discharge
or release was discovered or reported, or at any time thereafter. This property is known and legally
described as:
BEING a portion of that certain tract of land described as "RJW Reservation Tract for Semart Drive"
as shown on map entitled "Recombination Map for CSX Transportation, Inc." as recorded in Book
of Maps 1990, Page 406, Wake County Registry. The portion of said tract subject to this notice
begins immediately adjacent to the Source Property and runs in a westerly direction approximately
thirty (30) feet. Said area coincides with the placement of monitoring wells, the location of which
were agreed upon by members of the UST Section of DENR and representatives of the Source
Property ownership during a meeting on May 18, 2004.
For protection of public health and the environment, the following land use restrictions
required by N.C.G.S. Section 143B-279.9(b) shall apply to all of the above -described real property.
These restrictions shall continue in effect as long as residual petroleum remains on the site in excess
of unrestricted use stane;ards and cannot be amended or cancelled unless and until the Wake County
Register of Deeds receives and records the written concurrence of the Secretary (or his/her delegate)
of DENR (or its successor in function).
PERPETUAL LAND USE RESTRICTIONS
Groundwater: Groundwater from the site is prohibited from use as a water supply, Water supply
wells of any kind shall not be installed or operated on the site.
ENFORCEMENT
The above land use restriction(s) shall be enforced by any owner, operator, or other party responsible
for the Site. The above land use restriction(s) may also be enforced by DENR through any of the
remedies provided by law or by means of a civil action, and may also be enforced by any unit of
local government having jurisdiction over any part of the Site. Any attempt to cancel this Notice
without the approval of DENR (or its successor in function) shall be subject to enforcement by
DENR to the full extent': of the law. Failure by any party required or authorized to enforce any of the
above restriction(s) shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to ane occurring prior or subsequent thereto.

(Page 3 of 5)
BK011065PGO0894
IN WITNESS WHEREOF, Jeffrey J. Goebel has caused this Notice to be executed pursuant
to N.C.G.S. Sections 143B-279.9 and 14313-279.11, this _L�_ day of October, 2004.
Lo
STATE OF NORTH CA ROLINA
COUNTY OF WAKE
nc.
I, a Notary Public for the state and county aforesaid, certify that Jeffrey J. Goebel, Attorney
for Gregory & Parker, Inc. personally appeared before me and acknowledged the due execution of
the foregoing instrument. 4
Witness my hand. and official stamp or seal this 1� day of October, 2004.
My Commission Expire:.:
�7_ Notary Public
R.

(page 4 .of 15)
BK011N5PG00895
Approved for the purposes of N.C.G.S. 143B-279.11
signature of Regional Sw—pervisor)
clvr car , Supervisor
(printed name o Regionm� Sum)
1Zr/e.< , Regional Office
(name of Region)
UST Section
Division of Waste Mana;ement
Department of Environrr..ent and Natural Resources
STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public forthecounty
and state aforesaid, do hereby certify that
4%, did person 1y appear ani sign before me this the A day of
&66ez__ , 2004. 9� �
/jam C� � Notary Public
My Commission Expires: tC//

(,Page 5 0&15)
BK011005PGO0896
BOOK:8118GS PAGE:88892 - 888gs
Yellow probate sheet is a vital part of your recorded document.
Please retain with original document and submit for rerecording.
Wake County Register of Deeds
WAKELaura M. Riddick
COUNTY Register of Deeds
HOLM CAROLINA
North Carolina — Wake County
The foregoing certificate sof
_ Notary(ies) Public is (are) certified to be correct. This instrument
and this certificate are duly registered at the date and time and in the book and
page shown on the first page hereof.
Laura M. Riddick, Register of Deeds
By:
Assietantmeputy Ilegister of Deeds
This Customer Group This Document
_ # of Time Stamps Needed / New Time Stamp
# of Pages
2ZO04-7/1I /W

.r i r4
LAND USE RESTRICTIONS
0
e SITE
N -
SITE f SITE
+a
I SITE v.
LZs
W pn-, 5t
o
(NOT TO SCALE)
"I, JOHN A. EDWARDS JR., P.L.S. , certify that this plat was drawn under my
supervision from an actual survey made under my supervision (deed description
recorded in Book N/A , page N/A ,etc.)(other); that the boundaries not surveyed are
clearly indicated as drawn from information found in Book N/A , page N/A ; that the
ratio of precision or positional accuracy as calculated is 1: 20,000+; that this plat was
prepared in accordance with G. S. 47-30 as amended. Witness my original signature,
license number and seal this 14th day of November , A.D., 2022.
Seal or Stamp \O�� "US/0 �/�9 Surveyor
`SEAL q� = L-2776
l License Number
L-2776 QZ
I NARY
o
�Rh "kEVI EW
❑ This survey creates a subdivision of land within the area of a county or
municipality that has an ordinance that regulates parcels;
❑ This survey is located in a portion of a county or municipality that is
unregulated as to an ordinance that regulates parcels of land;
This survey is of an existing parcel or parcels of land;
❑ This survey is of another category, such as the recombination of existing
parcels, a court -ordered survey, or other exception to the definition of
subdivision;
I, John A. Edwards Jr., P.L.S. , do hereby certify that the location of the subject
property has been checked against area maps & information provided by the Federal
Emergency Management Agency (F.E.M.A.) for the National Flood Insurance Program
and that the property ❑ is ® is not located in an area designated as having special
flood hazards. Property is located in Zone "X" as defined by F.I.R.M Community
Panel Number 3720170400K with an effective date of July 19, 2022.
Name of Surveyor
L-2776
License Number
November 14, 2022
Date
I NARY
:-VIEW
for the purposes of N.C.G.S. 130A-310.35
Michael E. Scott, Director Date
Division of Waste Management
State of North Carolina
County of Wake
I JOHN A. EDWARDS, CERTIFY THAT THIS MAP
WAS DRAWN UNDER MY SUPERVISION FROM AN
ACTUAL GPS SURVEY MADE UNDER MY
SUPERVISION AND THE FOLLOWING
INFORMATION WAS USED TO PERFORM THE
SURVEY
(1) CLASS OF SURVEY: CLASS A
(2) POSITIONAL ACCURACY: H: 0.05 US
SURVEY FEET
(3) TYPE OF GPS/FIELD PROCEDURE: REAL
TIME KINEMATICS NETWORK (VRS)
(4) DATE OF SURVEY: 9-14-2021
(5) VERTICAL DATUM: NAVD 88 HORIZONAL
DATUM: NAD 83(2011) NC GRID
EPOCH: 2010.00
(6) PUBLISHED/FIXED CONTROL USE:
NAME:RALEIGH DOT CORS ARP
LAT:35° 45' 49.50795 LONG:78° 34' 44.39448
PID: DG4687 CORS ID: NCRD
(7) GEOID MODEL: GEOID12B
(8) COMBINED GRID FACTO R:0.99990429
(9) UNITS: US SURVEY FEET
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that identifies any restrictions on the current and future use of a Brownfields Property that
are necessary or useful to maintain the level of protection appropriate for the designated current or future use of the property and that are designated in a Brownfields Agreement
pertaining to the property. This survey plat constitutes one of three exhibits to the Notice pertaining to the Brownfields Property depicted on this plat and recorded at the Wake
County Register of Deeds' office. The exhibits to the Notice are: the Brownfields Agreement for the subject property, which is attached as Exhibit A to the Notice; a reduced
version of this survey plat, which is attached as Exhibit B to the Notice; and a legal description for the subject property, which is attached as Exhibit C to the Notice. The land use
restrictions below have been excerpted verbatim from paragraph 12 of the Brownfields Agreement, and all paragraph letters/numbers are the same as those used in
the Brownfields Agreement. The following Land Use Restrictions are hereby imposed on the Brownfields Property and shall remain in force in perpetuity unless
canceled by the Secretary of the North Carolina Department of Environmental Quality (or its successor in function), or his/her designee, after the hazards have been
eliminated, pursuant to NCGS § 130A-310.35(e):
12. By way of the Notice of Brownfields Property referenced below in paragraph 16, 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. Additionally, all land use restrictions contained in the deed notification entitled Notice of Residual Petroleum, 804 Semart Ave., Raleigh,
Wake County, recorded by Jordan Price Wall Gray Jones & Carlton on the deed to the Brownfields Property on October 20, 2004 in Book 011065, Pages 00892-00896 at the
Wake County Register of Deeds office, and as attached hereto as Exhibit 3, remain in force. All references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for high -density residential, office, retail, grocery, hotel, restaurant, recreation, health care facility,
educational space, cocktail bar, drop -in childcare, parking, and subject to DEQ's prior written approval, other commercial uses. These land uses and their definitions below apply
solely for purposes of this agreement, and do not waive any local zoning, rule, regulation, or permit requirements:
i. "High -Density Residential" is defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia,
apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular
unit (e.g., privately -owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas, and parking
garages. Single family homes, townhomes, duplexes, or other units with yards are prohibited.
ii. "Office" is defined as a place where business or professional services are provided.
iii. "Retail" is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal
service, open air markets, festivals, food halls, and the sales of food and beverage products, including from mobile establishments such as food trucks.
iv."Grocery" is defined as a retail store that offers non-perishable food packaged in bottles, boxes, and cans, perishable food such as baked goods, meats, deli
products, and fresh produce, and which may sell non-food items, such as clothing and household items and provide pharmacy, financial, or other services.
v. "Hotel" is defined as the provision of overnight lodging to paying customers, and associated food services, gym, reservation, cleaning, utilities, parking and
on -site hospitality, management and reception services.
vi. "Restaurant" is defined as a commercial business establishment that prepares and serves food and beverages, including alcoholic beverages under all
applicable local, state, and federal regulations, to patrons.
vii. "Recreation" is 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 or wading pools, splash pads, clubhouses, sports -related courts and fields, open space, greenways, parks, playgrounds,
walking paths, picnic and public gathering areas, campgrounds, boat docks, and marinas.
viii. "Health Care Facility" is defined as a hospital, urgent care clinic, medical clinic (excluding veterinary), rehabilitation center, health maintenance organization
(excluding a group home), which routinely provides for the diagnostics, care, treatment of, and testing for physical or psychological injury or illness, or disability, and/or for the
short-term boarding of patients.
ix. "Educational Space" is defined as interior space operated by a privately or publicly -owned institution, facility, or enterprise that provides education to
pre-school, elementary, and older students, including session camps designed for school -age children.
x. "Cocktail bar" is defined as a commercial business establishment that prepares and serves mixed alcoholic drinks and other beverages, and snacks under all
applicable local state and federal regulations to patrons.
Pp 9
A. "Drop -in Childcare" is defined as short-term care for children that is excluded from the definition of childcare in NCGS § 110-86(2), and is provided while
parents participate in activities that are not employment -related and where the parents are on the premises or otherwise easily accessible, or is that provided by an employer for its
art -time employees under the conditions specified in NCGS 110-86 2 d and 110-86 2 dl.
PP § () § ( )
xii. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for same.
xiii. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee, with the exception of educational space and
childcare facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for dry cleaning operations using chlorinated solvents.
Environmental Management Plan
c. Physical redevelopment of the Brownfields Property may not occur other than in accordance, as determined by DEQ, with an Environmental Management Plan
("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:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., LISTS, tanks, drums, septic drain fields, oil -water separators, soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil excavated from
the Brownfields Property during redevelopment.
Redevelopment Summary Report
d. Within 90 days 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 since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section VI: 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).
Demolition of Existing Structures
e. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 16 below shall be in accordance with applicable legal requirements,
including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North
Carolina Department of Health and Human Services.
Underground Storage Tank Removal
f. Not later than completion of redevelopment, the suspected underground storage tanks (LISTS) and their appurtenances identified above in paragraph 3, if present,
shall be removed and addressed to the satisfaction of DEQ.
g. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary
to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health and the environment. Should
groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in subparagraph
12.c. above, or a plan approved in writing in advance by DEQ.
Soil
h. No activity that disturbs soil on the Brownfields Property as delineated on the plat component of the Notice of Brownfields Property referenced below in paragraph 16,
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 12.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
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; and
iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in subparagraph 12.c. above.
i. No use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
j. 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 in subparagraph 12.c.
RECORDED IN BOOK OF MAPS 2022 PAGE
11/14/221
COMMENT REVISIONS
ZCS
11/11/22
COMMENT REVISIONS
ZCS
11/10/22
UPDATE LURS & TABLES
ZCS
11/7/22
UPDATE LURS & TABLES
ZCS
DATE I REVISION
BY
Vapor Intrusion
k. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component
of the Notice of Brownfields Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building's users and public health from the risk of vapor intrusion based on site assessment
data, or a site -specific risk assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into building features in accordance with the most recent and applicable
DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American
Association of Radon Scientists and Technologists (AARST) standards, and that a professional engineer licensed in North Carolina, as evidenced by said
engineer's professional seal, is satisfied that the design is fully protective of public health, and shall include a performance monitoring plan detailing
methodologies and schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with said engineer's professional seal confirming that the engineer
is satisfied that the system was installed per the DEQ approved design. If any deviations from the system design were necessary during installation, then the
report shall include details on said deviations, as well as the engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Property Access
I. 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.
Monitoring Wells
m. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, whichever occurs first, Prospective Developer
shall abandon all monitoring wells, injection wells, recovery wells, piezometers and other manmade points of groundwater access at the Brownfields Property,
in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days
after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results.
n. Except for the work related to subparagraph 12.m. above, the owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants, the owner shall be responsible for repair of any
such wells to DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance.
Notification of Tenants
o. 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 Wake County land records, Book
, Page . A copy of any such instrument shall be sent to the persons listed in Section XVII (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 may use the following mechanisms to comply with the
obligations of this paragraph: (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 XVII (Notices 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
XVII.
Separating Old from New Contamination
None of the contaminants known to be resent in the environmental media at the Brownfields Property, as described in Exhibit 2 of this
p P P Y�
Agreement, and as modified b DE in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property,ma
9 . Y Q 9 pp Y
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. as constituents of products and materials customarily used and stored in high -density residential, office, retail, grocery, hotel, restaurant,
recreation, health care facility, educational space, cocktail bar, drop -in childcare, parking, and subject to DEQ's prior written approval, other commercial uses,
provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws;
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; or
iv. 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.
Land Use Restriction Update
q. During January of each year after the year in which the Notice referenced below in paragraph 16 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 Wake County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions are being complied with. If the property is transferred, the
grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property. The submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address, telephone number, and contact person's e-mail address of the owner,
or board, association or approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any
part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone number, and contact person's e-mail address, if said owner, or each of the owners on
whose behalf a joint LURU is submitted, 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 12.k. above are performing as designed, and
whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have
changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system.
iv. A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the Brownfields
Property address, and the name, mailing address, telephone number, and contact person's e-mail address of the entity submitting the joint LURU as well as
for each of the owners on whose behalf the joint LURU is submitted.
v. A LURU submitted for rental units shall include enough of each lease entered into during the previous calendar year to demonstrate
compliance with lessee notification requirements in paragraphs 17 and 18 of this Agreement provided that if standard form leases are used in every instance,
a copy of such standard form lease may be sent in lieu of copies of actual leases.
vi. A property owners' association or other entity may perform this LURU's duties, on behalf of some or all owners of the Brownfields
Property, if said association or entity has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes at
a minimum, the Brownfields property address, and the name, mailing address, telephone number, and e-mail address of each owner on whose behalf the
LURU is proposed to be submitted.
NInTFC-
1. ALL DISTANCES ARE HORIZONTAL GROUND.
2. ALL DIMENSIONS ARE IN FEET.
3. AREA COMPUTED USING COORDINATE METHOD FROM MEASURED FIELD DATA.
4. BASIS OF BEARINGS IS NORTH CAROLINA GRID NORTH, NAD83(2011). THE SITE WAS LOCALIZED UTILIZING REAL-TIME
KINEMATIC (RTK) GLOBAL POSITIONING SYSTEM (GPS) SOLUTIONS REFERENCING THE CONTINUOUSLY OPERATING
REFERENCE STATION (CORS) NETWORK BASE STATION NCRD, RALEIGH, INC.
5. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY BE SUBJECT TO ANY MATTERS
THAT A FULL TITLE SEARCH WOULD DISCLOSE.
6. ALL REFERENCE ARE MADE TO WAKE COUNTY REGISTRY.
7. HORIZONTAL DATUM IS NAD 83(2011) AND VERTICAL DATUM IS NAVD 88.
7. MONITORING WELLS, SAMPLE LOCATIONS, AND BORE POINTS SHOWN WERE OBTAINED INFORMATION PROVIDED BY
MID ATLANTIC ENGINEERING & ENVIRONMENTAL SOLUTIONS AND ECS SOUTHEAST, LLP.
8. THE SAMPLE LOCATIONS OR DESIGNATED CONTAMINATED AREA(S) AND TYPES OF CONTAMINATION DEPICTED HEREON
ARE APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE TIME OF FILING. A LISTING OF THE
TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS PLAT
9. SEE SHEET 2 FOR LEGEND AND SHEET 5 FOR TABLES
WAKE COUNTY REGISTRY
IHN A. EDWARDS & COMPANY
Consulting Engineers
NC License F-0289
333 Wade Ave., Raleigh, N.C. 27605
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
SCALE: DATE: SEABOARD STATION BROWNFIELDS PROJECT #22075-18-092 SHEET
NO SCALE 9-29-2022 PROSPECTIVE DEVELOPER SEABOARD STATION JOINT VENTURE LP
CURRENT OWNERS
FLD. BK. & PAGE DRAWN BY: SEABOARD STATION I LLC 721 HALIFAX ST. PIN 1704720443
SEABOARD STATION II LLC 802 SEMART DR. PIN 1704628864
CLP / ZCS SEABOARD STATION V LLC 10 W. FRANKLIN ST. PIN 1704627464 OF
SEABOARD STATION IV LLC 605 HALIFAX ST. PIN 1704720130
FILE NO: CHECKED BY: RALEIGH WAKE COUNTY NORTH CAROLINA
5
JAE, JR. SURVEY PLAT -EXHIBIT B TO NOTICE OF BROWNFIELDS PROPERTY

SITE DATA
BLOCK A LOT 1
OWNER
SEABOARD STATION IV LLC
PIN
1704720130
ADDRESS
605 HALIFAX ST.
RALEIGH NC, 27604
AREA
42,460 S.F.
0.9747 AC.
REFERENCES
DB 19190, PG 2625
BM 2022. PG 1548
BLOCK B LOT 1
OWNER
SEABOARD STATION I LLC
PIN
1704720443
ADDRESS
721 HALIFAX ST.
RALEIGH NC, 27604
AREA
93,391 S.F.
2.1440AC.
REFERENCES
DB 17316, PG 1565
BM 2021, PG 540
BLOCK D LOT 3
OWNER
SEABOARD STATION II LLC
PIN
1704728864
ADDRESS
802 SEMART DR.
RALEIGH NC, 27604
AREA
65,295 S.F.
1.4990 AC.
REFERENCES
DB 17316, PG 1580
BM 2021, PG 540
BLOCK C LOT 2
OWNER
SEABOARD STATION V LLC
PIN
1704627464
ADDRESS
10 W FRANKLIN ST.
RALEIGH NC, 27604
AREA
101,733 S.F.
2.3354 AC.
REFERENCES
DB 19169, PG 592
BM 2022, PG 1672
SEE SHEETS 3 & 4 FOR DETAIL OF LOTS
EMAG EX LEAD
MAG PLUG
EMAG
I
N/F I I I
SEABOARD VENTURES L 1
III LLC
DB 15694, PG 280
PIN:1704625109
EIP IN
N/F I
44 WALKER LLC
DB 15707, PG 1753
PIN:1704626175
TACK I--- --
I �I AG
EMAG
SEMART DRIVE
(PRIVATE R/W)
CSX TRANSPORTATION INC
PIN 1704626650
73,400 S.F. (1.6850 AC.)
BM 1990E PG 406
EMAG
EMAG
r�
I ESG-3 CP EMAG
ESG-4 #
"
*
EMAG
ESG-2
\
BLOCK C CP
SSSG-3
■ 2
EIP
EIP
SEABOARD V LLC
BM 2022, PG 1671-1673
101,733 S.F.
ESG-1
2.3354 AC.
(SITE UNDER ESG-9
CONSTRUCTION)
EIP
SSSG-2 SSSG-1
SG-7
e
I � ESG-6 ESG-8
N/F
ESG-5 # #
_ #
STACA TE OF OL NORTH — — —
BM 1990, PG 1277 SEABOARD ES* -7
tz
PIN: 1704616478 STATION DRIVE
(72' PUBLIC R/W) N N r CIDCP
BM 2022, PG 1548 CID CP CP
CP N y b CP SG 4 CP CP
�—
w a EMAG
N
C C
0
SG-11
�./ d ■ C
N EMAG
a N m 00 m GW-2
Q BLOCK B •
CP OGW-1 SG-10 MW-7
A * SEABOARDILLC
W SG-9 BLOCK A EIP • 93,391 S.F.
* 2.1440 AC.
(DBMBM 2021E PG 539-543
(SITE UNDER
CONSTRUCTION)
SEABOARD STATION IV LLC I
42,460 S.F. if
0.9747 AC.
BM 2022, PG 1548 #
(SITE UNDER EMAG � —
CONSTRUCTION)
P
CP
5111, CP
Fnnnr: EMAG
NrlREET
(EX. VARIABLE PUBLIC R/W)
BM 2021, PGs 539-543
N/F
PEACE COLLEGE OF RALEIGH INC.
DB 2699, PG 395
PIN:1704724264
RECORDED IN BOOK OF MAPS 2022 PAGE
EIP
N/F
707 SEMART DRIVE PROPERTY LLC
DB 18825, PG 1283
BM 1990, PG 406
PIN:1704625657
GW-2
GW-1
LEGEND
N/F
NOW OR FORMERLY
BROWNFIELDS PROPERTY BOUNDARY LINE
R/W
RIGHT OF WAY —
— RIGHT OF WAY LINE
BM
BOOK OF MAPS — — —
— — — ADJOINING PROPERTY LINE
EIP
EXISTING IRON PIPE
EASEMENT LINE
PG
PAGE
DB
DEED BOOK
* EXTERIOR SOIL GAS SAMPLE LOCATION
IPS
IRON PIPE SET
SUB -SLAB VAPOR SAMPLE LOCATION
EMAG EXISTING MAGNETIC NAIL
CP
COMPUTED POINT
♦ GROUNDWATER SAMPLE LOCATION
IPS
IRON PIPE SET
0 COMBINED GROUNDWATER AND SOIL SAMPLE LOCATION
SEMART DRIVE
(PRIVATE R/W)
CSX TRANSPORTATION INC
PIN 1704626650
73,400 S.F. (1.6850 AC.)
BM 1990, PG 406
BRASS
CAP
BRASS ❑ ❑ ❑ ❑ ❑ I
CAP ❑ ❑
❑ ❑ ❑
BRASS I I
CAP
BLOCK D
O
SEABOARD II LLC I I
65,295 S.F.
1.4990 AC.
BM 2021, PG 539-543 I I
II
BRASS I I I I
CAP
EMAG ^P EMAG
EM;G III-
13 ❑I
1
❑ II I LOT 1
1GW-1 PEACE UNIVERSITY PROPERTIES
1:3 LLC
DB 15478 PG 2730
o I BM 2009, PG 505
1 PIN: 1704638253
13
jILMAG
EMAG
N/F — EMAG
RESEARCH TRIANGLE
REGIONAL PUBLIC
TRANSPORATATION
DB 10224, PG 2666
,,r i- —
— — — — u _ NO PIN NUMBER
SEABOARD STATION I EIP
_ _
---------_
III LLC
BM 2005, PG 476
PIN:1704629796 I
N/F
EIP
9,502 SF(0.2181 AC. DUKE ENERGY PROGRESS INC
EIPUNFEIP
DB 1932, PG 497
—
I
DB 15289, PG 2439
EIP
TATION
PIN: 1704730092
"MORDECAI SUBSTATION"
G 476
21729 I(115
AC.)I
N/FLOT
6
ISEABOARD
STATION III LLCBM
2005, PG 476
PIN: 1704721710I110,999ASC()
.2525I
I �TEIP
EMAG
I
(EMAG
I I
EIP
�
I
EMAG
WAKE COUNTY REGISTRY
GRAPHIC SCALE
60 0 30 60 120
( IN FEET )
1 inch = 60 ft.

N 03' 04' 34" E
13.53'(TIE)
I
I
z
C
kn
C)
AWE �(D
I �
II
I
i
I BR
Ic N81°44'39"W
I19.72'
I
I I
I
I
I
GW-2
w
w
rn
� N
f W
o
Z1I
S-15
GW-1 0
S-10
N ri
N/F
LOT 1
PEACE UNIVERSITY
PROPERTIES LLC
DB 15478, PG 2730 _
BM 2009, PG 505
PIN: 1704638253 STORMWATER EASEMENT
DB 15478, PG 2742
S 87° 14' 54" E
- 160.16GW-4
❑
❑
❑
❑
❑
o
❑
❑
❑ ❑
0
0
DRAINAGE PIPE
❑ MAINTENANCE
AGREEMENT
DB 1053, PG 42
- DB964, PG 611
❑ _
Cn
S
p o
0
STORMWATER EASEMENT
DB 15478, PG 2742 M
0
EX BUILDING
N/F
RESEARCH TRIANGLE
I REGIONAL PUBLIC
TRANSPORATATION
DB 10224, PG 2666
NO PIN NUMBER
b EMAG II
� I
ih o
o �
a
❑' o
I S 87' 37' 35" E
1-22.06,
EMAG I EMAG
N 03' 06' 35" E BRASS
5.74CAP
N 03' 06' 35" E
3.36'(TIE)
GRAPHIC SCALE
30 0 15 30 60
F
( IN FEET )
1 inch = 30 ft.
Sul\
BLOCK D
0
SEABOARD II LLC
65,295 S.F.
1.4990 AC.
BM 2021. PG 539-543
-185.94' -
N 88-
- POB W. FRANKLIN STREET
EIP (EX. VARIABLE WIDTH PUBLIC R/W)
N=742,678.93' BM 2021, PG 539
E=2,106,771.15' BM 2003, PG 1924
_ NAD 83(2011) BM 2007, PG 382
S83'32'18"E
24.68'
BRASS
CAP
M
M M
O
n C',
N
C
co
c- o
i
i
EIP
NZ� 00
cn�oN_D
O A
Z-'c"-�
0 G)
D
n O
Z
7 EMA
EIP C1� G
C5
POB
N=742,208.77'
E=2,106, 928.59'
NAD 83(2011)
EMAG
EMAG
9146'
gN 7-
SEABOARD EMAG
(EX. VARIABLE WIDTH
PUBLIC R/W)
BM 2021, PG'S 539-543
BM 2022, PG'S 1671-1673
W. PEACE STREET
(EX. VARIABLE WIDTH
PUBLIC RNV)
BM 1965, PG 69
BM 1990, 1277
BM 2022, PG 1548
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
CHORD
CHORD BEARING
TANGENT
C1
31.68'
270.00'
006'43'18"
31.66'
S82°52'09"E
15.86
C2
16.70'
216.50'
004°25'09"
16.69'
S87°25'08"E
8.35
C3
3.99'
283.50'
000°48'23"
3.99'
S89°13'31"E
1.99
C4
36.14'
270.00'
007°40'07"
36.11'
N83°20'34"W
18.10
C5
38.71'
330.00'
006*43'18"
38.69'
N82°52'09"W
19.38
C6
29.22'
26.65'
062°49'22"
27.78'
N34°27'52"E
16.27
C7
72.14'
75.91'
054'27'10"
69.46'
N38°45'45"E
39.06
C8
25.21'
20.00'
072°1TOT
23.57'
N47°36'29"E
14.59
C9
31.46'
226.00'
007°58'32"
31.43'
S61 °58'02"E
15.76
C10
8.26'
1 219.50'
002°09'18"
8.26'
S77°08'05"W
4.13
RECORDED IN BOOK OF MAPS 2022 PAGE WAKE COUNTY REGISTRY
JOHN A. EDWARDS & COMPANY
Consulting Engineers
NC License F-0289
333 Wade Ave., Raleigh, N.C. 27605
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
SCALE:
1" = 30'
11/14/22
COMMENT REVISIONS
ZCS
FLD.BK. &PAGE
11/11/22
COMMENT REVISIONS
ZCS
11/10/22
UPDATE LURS & TABLES
ZCS
FILE NO:
11/7/22
UPDATE LURS & TABLES
ZCS
DATE
REVISION
BY
DATE:
9-29-2022
DRAWN BY:
CLP/ZCS
CHECKED BY:
JAE, JR.
N/F
STATE OF NORTH
CAROLINA
BM 1990, PG 1277
PIN:1704616478
N
N �
� v
N
0
31.89' �
C4 N 87' 10' 37" IN EMAG
EMAG
N 86° 49' 34" W
7.68'
S 02° 49' 23" W I
27.99'
N 80° 15' 42" W
8.06'
;FOUNDATION
EASEMENT
2022, PG 1548
GRAPHIC SCALE
30 0 15 30 60
( IN FEET )
1 inch = 30 ft.
SEABOARD STATION BROWNFIELDS PROJECT #22075-18-092
PROSPECTIVE DEVELOPER SEABOARD STATION JOINT VENTURE LP
CURRENT OWNERS
SEABOARD STATION I LLC 721 HALIFAX ST. PIN 1704720443
SEABOARD STATION II LLC 802 SEMART DR. PIN 1704628864
SEABOARD STATION V LLC 10 W. FRANKLIN ST. PIN 1704627464
SEABOARD STATION IV LLC 605 HALIFAX ST. PIN 1704720130
RALEIGH WAKE COUNTY NORTH CAROLINA
SURVEY PLAT -EXHIBIT B TO NOTICE OF BROWNFIELDS PROPERTY
SHEET
3
OF
5

RECORDED IN BOOK OF MAPS 2022 PAGE WAKE COUNTY REGISTRY
JOHN A. EDWARDS & COMPANY
Consulting Engineers
NC License F-0289
333 Wade Ave., Raleigh, N.C. 27605
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
SCALE:
1" = 30'
11/14/22
COMMENT REVISIONS
ZCS
FLD.BK. &PAGE
11/11/22
COMMENT REVISIONS
ZCS
11/10/22
UPDATE LURS & TABLES
ZCS
FILE NO:
11/7/22
UPDATE LURS & TABLES
ZCS
DATE
REVISION
BY
DATE: SEABOARD STATION BROWNFIELDS PROJECT #22075-18-092 SHEET
9-29-2022 PROSPECTIVE DEVELOPER SEABOARD STATION JOINT VENTURE LP
CURRENT OWNERS
DRAWN BY: SEABOARD STATION I LLC 721 HALIFAX ST. PIN 1704720443 4
SEABOARD STATION II LLC 802 SEMART DR. PIN 1704628864
CLP / ZCS SEABOARD STATION V LLC 10 W. FRANKLIN ST. PIN 1704627464 OF
SEABOARD STATION IV LLC 605 HALIFAX ST. PIN 1704720130
CHECKED BY: RALEIGH WAKE COUNTY NORTH CAROLINA
5
JAE, JR. SURVEY PLAT -EXHIBIT B TO NOTICE OF BROWNFIELDS PROPERTY
)' 34" W I

Exhibit 2
Brownfields Property Name: Seaboard Station
Brortinfields Project Number: 22075-18-092
The following tables set forth. for contaminants present at the Brownfields Property
above unrestricted use standards or screening levels as reported in the Environmental Reports in
paimwWh 4 of the Brow-nfrelds Agreement to which this is an exhibit, the concentration found at
each sample location, and die applicable standard or screening level. Screeching levels and
standards are shown for reference only and are not set forth as cleanup or mitigation levels for
purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of pails per billion).
the standards for which are contained in Title 15A of the North Carolina Administrative Code.
Sube hapter 2L (2L). Rule .02021. or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1. 2072 version):
Groundwater
Contaminant
Scruple Location'
Date of
Sampling
Concentration
Exceeding
Standard
(m )
Standard
(mg/L)
Benzene
05/21/2004
l
OW-2
8I 9
Methyl tert-butyl ether
GW-1
09/8/2004
45.4
20
Petroleum
Hydrocarbons,
aliphatic&, C5-C8
GW-1
01/30/2004
521
400
Tetrachloroethene
MW-7
09/18/2019
65
0.,
GW-1
09/8/2004
24.2
GW-1
02/05/2020
72.1
GW-2
9.7
GW-4/GW-DU.rP
3.5513.4
Trielhloroetlhene
NIW-7
09/06/2016
9.95
3
GW-1
02/05/2020
8.3
x leues
GW-1
05/21/2004
585
500
'Nate that there are two different sets of wells with the prefix '-GW" the first dates from 2004 and the second from
2020.
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (i'Ij in micrograms per liter
(the equivalent of parts per billion). the vapor in husion screening levels for which are contained
in the Division of Waste Managenent Vapor latntsion Guidance. Residential Vapor Litiusion
Screening Levels (VISL) (July 2022 version):
+1
Groundwater
Contaminant with
Concentration
Residential
Potential for Vapor
Sample Location
Date of
Exceeding
'VI Screening
Intrusion
Sanhplithg
Screening
Level
Level GLg/L.)
(1rg1L)
Benzene
05/21/2004
.525
1.6
GW-2
81.9
cis-1,2-Dichloroethe
OW-1
02/05/2020
22.6
OW-2
3.0
NSE
LieeGW-2
09/08/2004
2.9
Ethylbenzene
05/21/2004
350
3.5
GW-2
44
Petroleum
Hydrocarbonn,
GW-1
01130Y2004
521
1.7
aliphatics. C5-C8
MW-7
09/18/2019
65
Tetrachloroethene
12
GW-1
02/05/2020
72.1
Ow-1
09/08/2004
24.2
MW-7
09/0612016
9.95
Triclhloroetheue
1.0
OW-1
02/05/2020
8.3
OW-2
1.2
Xylene
GIN-1
05/21/2004
856
77
1
t Screening levels displayed far non -carcinogens are far a hazard quotient equal to 0.2. Screening Ievels displayed
for carcinogens are for a I.OE-6 lifetime incremental cancer risk.
'Note that there are two different sets of wells with the prefix "GVT'; the first dates from 2004 and the second from
2020.
NSE-No screening level or regulatory standard established
SOD.
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the I"relimiumy Residential Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Supeifund Section (July
2022 version):
Concentration
Residential
Sail
Sample
Depth
Date of
Exceeding
Screening
Contaminant
Location
(ft)
Sampling
Screening
Level'
Level
(uitig)
(mglkg)
5-10
10
01/30/2004
0.0048
p-Isopropyltolitene
NSE
S-15
15
01/30/2004
0.87
2-methylnaplitlhalene
S-10
10
01/3012004
4,890
48
Petroleum
Hydrocarbons,
S-15
15
01/300-004
163
20
Aliphatic&. C9-C 12
Petroleum
S-10
10
01130f2004
742
Hydrocarbons.
24
Aliphatics. C9-C 18
S-15
15
01/3012004
83.9
Petsoleinn
Hydrocarbons,
S-15
15
01/30/2004
90.9
20
Aromatics, C9-C10
Petroleum
S-10
10
01/30f2004
493
Hydrocarbons.
20
Aromatics, CI I-C22
5-15
15
0113012004
138
S-10
10
01/30/2004
2.45
Phenanthrene
NSE
S-15
15
01/30/2004
0.879
15creening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
forcarcinogem are for a 1.0E-6 lifetime incremental cancer risk.
NSE-No screening level orregulatory standard established
EXJERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2022 version):
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level ( 'm?)
Residential
Screening
Levell
(11g:M3)
Benzene
02:4:2020
12
SG-10
287
Chloroform
ESG-1
06.14.2022
15
4.1
ESG-2
280
ESG-3
a_7
ESG-4
210
ESG-5
40
ESG-6
23
ESG-7
15
ESG-8
4.1
ESG_9
160
SG-7
09 28 2017
8.7
SG-10
02.04:2020
4.2
cis-1.2-DIchloroethene
SG-10
0"04:2020
4.6
NSE
Eth�lbenzene
5G-9
02 04 20210
297
37
SG-10
02 �04.�2020
86.4
4-Ethyltoluene
ESG- 1
06 24 2022
3.0
NSE
ESG-2
L9
ESG-3
1.8
E SG-4
0.73 J
ESG-6
L0
ESG-8
1.8
SG-10
02-'04.'2020
7.9
Ethanol
ESG-1
(� �t
06 14' 2022
43
N S r
ESG-2
46
Ei'SG4
28
ESG-a
21
ESG-6
34
E,SG-7
43
ESG-8
50
Tetrachloroethene
02.04.2020
3,640
280
SG-10
777
Tricl>lloroethene
SG-10
02.'04'2020
85.6
14
Trichlorofluoromethane
ESG-1
06, 24 2022
77
NSE
RECORDED IN BOOK OF MAPS 2022 PAGE
--. JOHN A. EDW,
�'O� oFESS/py ifi = Consult'
"..." ANY 11/14/22 COMMENT REVISIONS ZCS NC Lic
1 �F�/ 11/11/22 COMMENT REVISIONS ZCS 333 Wade Ave.
D F 11/10/22 UPDATE LURS & TABLES ZCS Phone: 1
SUR`� �
11/7/22 UPDATE LURS & TABLES ZCS Fax: (9
,,,tutu,U11Y11Y„Itt1t`„\�S°'�����,,.
DATE REVISION RY E-mail: iI
Exterior Soil Gas
Contaminant
TRICHLOROFLUOROMETHANE
Sample
Location
mate of
Sampling
Concentration
Exceeding
Screening
Level m;
Residential
S creening
Levell
m'
ESG-2
49
ESG-3
89
E SG-4
42
ESG-5
130
ESG-6
160
ESG-7
640
ESG-8
22
ESG-4
13
SG-4
09; 28' 2017
8.9
5 �V__lenes
SG-9
0? '0+'70?0
2,065
700
'Screening levels displayed for non-carcmogens are for a hazard quotient equal to 0.2.. Scr"ins levels displayed
forrarcinoeen3 are for a LOF<6lifegme incremmtal cancer fuL
NSE -Nos eiiie level or regulatoov standard established
7- Estimated value between the melhz d dete:tiau limit and the laboratory reporting limit.
SUB -SLAB VAPOR
Sub -slab -vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
+''Management (July 2022 version) -
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (pg.m')
Residential
Screening
Levelr
(�Lw&)
Chloroform
SSSG-3 DUP
06 24. 2022
5.4 '5.5
4.1
1,3 Dichlorobenzene
SSSG-2
06: 24 2022
1.6
NSE
Ethanol
SSSG-1
06 24,2022
89
NSE
SSSG-2
31
SSSG-3.DUP
17.19
Ethyl Acetate
SSSG-1
06"24, 2022
16
NSE
tic htlialene
SG-11
02 `03 2020
�.8
1.8
Tetrachloroetn}�lene
SSSG-2
06 24 2022
730
280
SG-11 DLrP
0103 2020
625 51S
280
Trichlorefiuoromethane
SG -I I DUP
02:-03 202.0
24.8 28.6
_NSE
SSSG-1
05I24, 2022
4.4 J
SSSG-2
8.4
SSSG-3 DiTP
1 7.4 8.5
Screenuhe levels displayed ivr ion -carts- opens are for ahaaad quv6mt equal to 0.2. Sceerrvrg levels duplatied
fcr carCtnoaens are for a 1. DE-6 incremental cancer risk
N SE -Rio sceenicia lev-d ox reeulatery standard established
WAKE COUNTY REGISTRY

EXHIBIT C
LEGAL DESCRIPTION
Block A
Lot 1 - Book of Maps 2022, Page 1548
Situated in the City of Raleigh, Wake County, North Carolina and more particularly described as
follows:
COMMENCING at an existing NCGS monument "Peasal", said monument having North
Carolina grid coordinates ofN=742,092.77', E=2,106,854.77' NAD83(2011); thence from
"Peasal" North 32' 28' 25" East for a distance of 137.50 feet to a point at the intersection of the
new eastern right of way of Seaboard Station Drive and the new southern right of way of
Seaboard Ave. being the northwest corner of lot 1 as shown in Book of Maps 2022, Page 1548,
said point being the true point of BEGINNING and having North Carolina Coordinates of
N=742,208.77' and E=2,106,928.59'; thence from the point of BEGINNING, along the new right
of way Seaboard Ave. for 5 calls South 86' 13' 48" East for a distance of 21.04 feet to a point;
thence along a curve to the right, having an arc length of 31.68 feet, a radius of 270.00 feet and a
chord bearing of South 82' 52' 09" East for a distance of 31.66 feet to a point; thence South 79'
30' 30" East for a distance of 45.36 feet to a point ; thence South 86' 54' 29" East for a distance
of 33.69 feet to an existing iron pipe; thence South 86' 54' 29" East for a distance of 95.92 feet to
an existing magnetic nail on the western right of way of Halifax street; thence along said right of
way South 02' 49' 23" West for a distance of 27.99 feet to a point; thence North 80' 15' 42"
West for a distance of 8.06 feet to a point; thence South 02' 49' 23" West for a distance of
162.30 feet to a point on the northern right of way of West Peace Street; thence along said right
of way North 86' 37' 56" West for a distance of 222.43 feet to a point on the new eastern right of
way of Seaboard Station Drive; thence along said right of way North 03' 46' 12" East for a
distance of 196.62 feet to a point, said point being the point and place of BEGINNING, and
containing 42,460 S.F. or 0.9747 acres.
Block B
Lot 1 - Book of Maps 2021, Pages 539-543
Situated in the City of Raleigh, Wake County, North Carolina and more particularly described as
follows:
BEGINNING at a computed point on the northern right of way of Seaboard Ave., said point
being the southwest corner of lot 1 as shown on Book of Maps 2021, pg 539, said point being the
true point of beginning and having North Carolina grid coordinates of N=742,270.63' and
E=2,106,902.25' NAD 83(2011); Thence from the point of beginning, leaving said right of way
North 02' 27' 21" East for a distance of 52.02 feet to a point; Thence South 87' 32' 39" East for a
distance of 2.50 feet to a point: thence North 02' 27' 21" East for a distance of 98.01 feet to a
point; Thence North 87' 32' 39" West for a distance of 2.50 feet to a point; Thence North 02' 27'
21" East for a distance of 34.03 feet to a point; Thence South 87' 32' 39" East for a distance of
2.50 feet to a point; Thence North 02' 27' 21" East for a distance of 168.60 feet to a point on the
new right of way of West Franklin Street; Thence along said right of way for 6 calls, South 88'
49' 19" East for a distance of 39.58 feet to a point; Thence along a curve to the left, having an arc
length of 3.99 feet, a radius of 283.50 feet, and a chord bearing of South 89' 13' 3 1 " East for a
Seaboard Station/22075-18-092/04Nov2022

distance of 3.99 feet to a point; Thence South 89' 37' 42" East for a distance of 156.14 feet to a
point; Thence along a curve to the right through an arc length of 16.70 feet, a radius of 216.50
feet, and a chord bearing of South 87' 25' 08" East for a distance of 16.69 feet to a point; Thence
South 87' 00' 35" East for a distance of 39.51 feet to a point on the new western right of way of
Halifax Street; Thence along said right of way for 3 calls, South 02' 47' 12" West for a distance
of 351.80 feet to a point; Thence North 86' 49' 34" West for a distance of 7.68 feet to a point;
Thence South 02' 49' 23" West for a distance of 27.21 feet to a point on the new northern right
of way of Seaboard Avenue; Thence along said right of way for 5 calls, North 87' 10' 37" West
for a distance of 31.89 feet to a point; Thence along a curve to the right having an arc length of
36.14 feet, a radius of 270.00 feet, and a chord bearing of North 83' 20' 34" West for a distance
of 36.11 feet to a point; Thence North 79' 30' 30" West for a distance of 91.46 feet to a point;
Thence along a curve to the left having an arc length of 38.71 feet, a radius of 330.00 feet, and a
chord bearing of North 82' 52' 09" West for a distance of 38.69 feet to a point; Thence North 86'
13' 48" West a distance of 51.39 feet to a point, said point being the point and place of
BEGINNING, containing 93,931 S.F. or 2.1440 ac.
Block C
Lot 2 - Book of Maps 2022, Pages 1671-1673
Situated in the City of Raleigh, Wake County, North Carolina and more particularly described as
follows:
Beginning at a computed point on the northern right of way of Seaboard Ave., said point being
the south east corner of lot 2 as shown on Book of Maps 2022, Page 1671, said point being the
true point of beginning and having North Carolina grid coordinates of N=742,270.63' and
E=2,106,902.25' NAD 83(2011); Thence from the point of beginning North 86' 13' 48" West for
a distance of 6.33 feet to a computed point; Thence North 86' 54' 43" West for a distance of
309.51 feet to a computed point on the existing private right of way of Semart Drive; Thence
with said private right of way for 6 calls, North 03 ° 04' 27" East for a distance of 162.51 feet to a
computed point; Thence along a curve to the right having an arc length of 29.22 feet, a radius of
26.65 feet, and a chord bearing of North 34' 27' 52" East for a distance of 27.83 feet to a
computed point; Thence along a curve to the left having an arc length of 72.14 feet, a radius of
75.91 feet, and a chord bearing of North 38' 45' 45" East for a distance of 69.46 feet to a
computed point; Thence North 11 ° 32' 42" East for a distance of 95.20 feet to a computed point;
Thence along a curve to the right having an arc length of 25.21 having a radius of 20.00 feet, and
a chord bearing of North 47' 36' 29" East for a distance of 23.57 feet to a compted point;
Thence, North 83' 58' 42" East for a distance of 44.17 feet to a computed point on the right of
way of West Franklin Street; Thence with said right of way, along a curve to the left having an
arc length of 31.46, a radius of 226.00 feet, and a chord bearing of South 61 ° 58' 02" East for a
distance of 31.43 feet to a computed point on the right of way of West Franklin Street; Thence
South 88' 49' 19" East for a distance of 156.96 feet to a computed point; Thence leaving said
right of way, South 02' 27' 21" West a distance of 168.60 feet to a computed point; Thence
North 87' 32' 39" West for a distance of 2.50 feet to a computed point; Thence South 02' 27' 21"
West for a distance of 34.03 feet to a computed point; Thence South 87' 32' 39" East for a
distance of 2.50 feet to a computed point; Thence South 02' 27' 21" West for a distance of 98.01
feet to a computed point; Thence North 87' 32' 39" West for a distance of 2.50 feet to a
Seaboard Station/22075-18-092/04Nov2022

computed point; Thence South 02' 27' 21" West for a distance of 52.02 feet to a computed point
, said point being the point and place of BEGINNING, containing 101,733 S.F. or 2.3354 ac.
The above -described property and depicted hereon is the same property as described in Title
Insurance Commitment No. 202240167CAO issued by Old Republic National Title Insurance
Company with an effective date of July 11, 2022.
Block D
Lot 3 - Book of Maps 2022, Pages 539-543
Situated in the City of Raleigh, Wake County, North Carolina and more particularly described as
follows:
BEGINNING at a mag nail set at the intersection of the new northern right of way of W.
Franklin St. and the eastern line of Semart Drive (private street right of way), said nail being the
south west corner of lot 3 as shown on Book of Maps 2021, Page 541, said mag nail being the
true point of beginning and having North Carolina grid coordinates of N=742,678.93' and
E=2,106,771.15' NAD 83(2011); Thence from the point of beginning along the private right of
way of Semart Drive for 5 calls, North 03' 06' 35" East for a distance of 5.74 feet to a brass cap;
Thence, North 02' 5701" East for a distance of 194.41 feet to a brass cap; Thence, North 81 °
44' 39" West for a distance of 19.72 feet to a brass cap; Thence, North 02' 55' 49" East for a
distance of 116.82 feet to an existing mag nail; Thence, North 02' 40' 5 1 " East for a distance of
34.66 feet to an existing iron pipe; Thence, South 87' 14' 54" East for a distance of 160.16 feet to
an existing mag nail; Thence, South 02' 55' 0 1 " West for a distance of 47.03 feet to an existing
mag nail; Thence, South 87' 37' 35" East for a distance of 22.06 feet to an existing mag nail;
Thence, South 00' 56' 15" East for a distance of 120.95 feet to a brass cap; Thence, South 83'
32' 18" East for a distance of 24.68 feet to an existing iron pipe; Thence, South 03' 25' 31" West
for a distance of 177.03 feet to a mag nail set on the new northern right of way of W. Franklin
St.; Thence along said right of way for 2 calls, following a curve to the left having a radius of
219.50 feet, arc length of 8.26 feet, chord bearing of South 77' 08' 05" West for a chord distance
of 8.26 feet to a mag nail set; Thence, North 88' 49' 19" West a distance of 185.94 feet to a mag
nail set, said mag nail being the point and place of BEGINNING, containing 65,295 S.F. or
1.4990 ac.
Seaboard Station/22075-18-092/04Nov2022