20210818_Calculations

DocuSign Envelope ID: 658464EB-DB5046FE-BC14-30E48503EC3B
- 30
SMITH+GARONER
Orange County Land Disturbance Permit
40
RECEIVED
- AUG 18 2021
UANJ DUALITY
MINING PROGRAM

DocuSign Envelope ID: 658464EB-DB5046FE-BC14-30E4B503EC3B
Planning and Inspections Department
Craig N. Benedict, AICP, Director
Engineering I Erosion
Control I Stormwater 131 W. Margaret Lane
245-2575
Suite 2u1
644 3002 (FAX) ORANGE COUNTY (919)
P.O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
ORANGE COUNTY LAND DISTURBING PERMIT
PERMIT NUMBER: LDP19-0016
Date Approved : 8/5/2020
Date Issued : 8/7/2020
Applicant: MERRITS GRAVEL
PIT INC
Address: 3200 DAMASCUS CHURCH
RD
CHAPEL HILL, NC 27516
Expiration Date : 8/7/2022
Owner: TIKLLC
Address: 3200 DAMASCUS CHURCH RD
CHAPEL HILL, NC 27516
Phone: Phone: [phone]
Financially Responsible Party: TONY MERRITT
Name of Project: Merritt Gravel Pit 3200 Damascus Church Rd
Work Description : URBAN
Property Address
Location:
3200 DAMASCUS CHURCH RD
Disturbed Area
Chapel Hill, NC 27516
(SgFt) :
798455
Parcel Number:
9777367019 (MAIN)
(Acres) :
18.33
Subdivision :
% of Disturbance:
67.27
River Basin:
Cape Fear
Watershed:
University Lake
Tract Size: 27.25
Erosion Control Officer Signature :
Critical, University
Lake Protected
Disturbance Type: URBAN
Mt PM OC ECST_LandMsWr ingPemt2040.9
Reparlcr.W:Bfa12020 363:SOPM

DocuSlgn Envelope ID: 658464EB-DB50-46FE-BC14-30E4B503EC3B
30
SMITH-GARRNER
_-1�1:o2
Town of Carrboro Settlement
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DocuSign Envelope ID: 658464EB-DB50-46FE-BC14-30E4B503EC3B
MEDIATED SETTLEMENT AGREEMENT
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This Mediated Settlement Agreement ("Agreement") is entered as
of the date of the execution by all parties of the Agreement below between
the Town of Carrboro (hereinafter referred to as "the Town") and,
individually and collectively, TIK LLC, Tony Merritt, and Ilene Merritt
(hereinafter individually and collectively referred to as "TIIC).
RECITALS
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WHEREAS, on May 21, 2020, the Town filled a Verified Complaint (the
"Town's Complaint") and Application for Temporary Restraining Order,
Preliminary Injunction, and Order of Abatement against TIK in Orange
County Superior Court in 20 CVS 552, which is incorporated by reference
as if fully set out herein;
WHEREAS, the Town and TIK held a court -ordered mediated settlement
conference in 20 CVS 522 with the Honorable Ron Spivey, Forsyth WW
County Superior Court Judge (Retired) acting as mediator on March 8,
2021, at which the parties fully discussed the foregoing matters of 6W
controversy and the circumstances surrounding them with Judge Spivey,
which conference has resulted in this Mediated Settlement Agreement;
WHEREAS, this Agreement shall not be construed as an admission of
any fact or liability by TIK or the Town with respect to the litigation of 6W
20 CVS 522 or otherwise; and
WHEREAS, the Town, through formal approval of the Town Council, and bow
TIK, through formal approval of its representatives, enters into the
following Agreement in consideration for the commitments of the parties Wod
as follows:
AGREEMENT W
A. Commitments of TIK
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Within 90 days after the execution of this Mediated Settlement
Agreement, TIK shall:
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DocuSign Envelope ID: 658464EB-DB50-46FE-BC14-30E4B503EC3B
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ON (1) Vegetate the circumference of the pond at 870 Smith Level Road
for a distance of at least 60 feet from the top of the bank of the pond with
UO Sericea lespedeza or other suitable vegetation so as to create a 60-foot-
wide vegetative buffer around the pond. TIK is not required to replace
any existing vegetation within this 60 foot buffer. TIK shall have
UO discretion in determining what maintenance of this buffer is necessary
and when said maintenance should be performed.
go (2) Vegetate, with Sericea lespedeza or other suitable vegetation the
buffer area illustrated on the attached recorded survey (Exhibit A
attached hereto) as follows: from the "East Point" to the "west Point" for
a distance of 45 feet from and north of the easement boundary line on
TIK's property as shown on Exhibit .A. (except that no vegetation is
required to exist over any existing pond, or any embankment connected
to any pond, on TIK's property in this area), and this commitment shall
,w exist regardless of whether the easement is extinguished by a court of
law in 20 CVS 1311. No vegetation is required within the location of the
recorded Easement.
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(3) Notify the Town in writing after TIK has fulfilled its
old commitments in (1) and (2) above.
(4) Maintain the foregoing vegetated buffers in (1) and (2) above
No and not disturb those buffers by any future land disturbance activity.
(5) Promptly execute and record a covenant running with the land
UO within the area described in subparagraph (2) above and as shown on
Exhibit B to ensure that the vegetation in said area shall not be disturbed
LW for any reason other than routine maintenance (if any).TIK- shall have
discretion in determining what maintenance is necessary and when said
maintenance should be performed.
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(6) The commitments in (1) through (4) above shall remain in effect
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remain within the regulatory jurisdiction of the Town, and all of these
commitments shall run with the lands at 870 Smith Level Road and 3200
No Damascus Church Road.
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DocuSign Envelope ID: 658464EB-DB50-46FE-BC14-30E4B503EC3B
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(7) In the event that the buffer areas referred to in paragraphs (1) WW
through (4) above are encompassed or otherwise contained within the
area of an active mining permit issued by the State of North Carolina,
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then TIK's commitments regarding the same shall be null and void.
B. Commitments of the Town
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(1) Within 10 days after TIK notifies the Town in writing that TIK
has completed its vegetation commitments in A. above, the Town shall
schedule a time to inspect the vegetative buffers established by TIK, with
said inspection to take place not more than 30 days after the date on
which TIK provides the required written notice to the flown. Following
the inspection, the Town shall inform TIK in writing as to whether TIK
has complied with its commitments in A. above.
(2) If the Town confirms that TIK has satisfied these commitments, Ow
the Town shall, within 10 days after confirming satisfaction of these
commitments, take a dismissal with prejudice in 20 CVS 552 and dismiss
any pending administrative or quasi-judicial proceedings related to this WW
case with prejudice.
(3) If the Town notifies TIK that it has not satisfied its `W
commitments in A. above, the Town shall inform TIK in writing of the
deficiency and the required corrective action that TIK must take to WW
satisfy its commitments in A. above and shall specify a timeframe for TIK
to comply with its commitments in A. above. If TIK disagrees and
contends that it has satisfied the commitments in A. above, the parties WW
agree to reconvene mediation regarding the same prior to any party
seeking court intervention in order to resolve the dispute. If the outcome
of mediation is an impasse, then either party may enforce the
commitments under this Agreement by any remedy actionable at law,
including, but not limited to, an action for specific performance of this
Agreement or any other independent action.
(4) The Town and TIK agree that in the event 20 CVS 552 is bw
dismissed with prejudice by the Town, then the preliminary injunction
has no effect, and the same shall be superseded by this mediated WM
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DocuSlgn Envelope ID: 658464EB-DB50-46FE-BC14-30E4B503EC3B
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settlement agreement. The Town and TIK further specifically agree that
U° this Agreement is not conditioned upon the issuance of a permanent
injunction in 20 CVS 552.
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DocuSign Envelope ID: 658464EB-DB50-46FE-BC14-3OE4B503EC3B
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DocuSign Envelope ID: 658464EB-DB50-46FE-BC14-30E4B503EC3B
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by
STATE OF NORTH CAROLINA
COUNTY OF ORANGE WW
DECLARATION OF RESTRICTIVE COVENANTS
Prepared By and Return to:
This DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration"), made
effective as of the . day of March, 2021, by TIK, LLC, a North Carolina limited liability
company, ("Declarant"), provides as follows;
Recitals:
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A. Declarant is the owner of certain real property (the "Pro a ") known as 3200
Damascus Church Road, Chapel Hill, North Carolina (Orange County Parcel' Identification
Number 9777367019), having acquired the Property by a deed recorded in the Orange County
Registry at Deed Book 5020, page 31, and the Property being more particularly depicted as Tract
2 on a plat of the Property recorded in the Orange County Registry at Plat Book 107, page 120.
B. , Declarant desires to subject the Property to the terms, conditions, covenants, and
restrictions hereinafter set forth.
EXHIBIT "B"
07106 v. 8

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DocuSign Envelope ID: 658464EB-DB50-46FE-BC14-30E4B503EC3B
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Covenants, Conditions and Restrictions:
NOW, THEREFORE, Declarant hereby declares that the Property is and shall be held,
MW transferred, sold, conveyed, leased, used and occupied subject to the covenant, condition, and
restriction that no portion of the buffer area on the attached, previously recorded survey map of
the Property described generally as follows: that area lying between the "East Point" and the
"West Point" for a distance of 45 feet from and north of the easement boundary line on TIK's
Property shall be disturbed in any way except as allowed or required by the Mediated Settlement
Agreement entered into by TIK and the Town of Carrboro, a North Carolina municipality, and
dated March _, 2021.
GENERAL
1.1 Purpose of Declaration. The purpose of this Declaration is to provide for the
administration and enforcement of this Declaration; and generally to preserve the
vegetated buffer in the area described above on the Property.
1.2 Binding Effect and Duration. The covenants, conditions and restrictions of
M, this Declaration shall forever run with and bind the land subject to this Declaration, and
shall inure to the benefit of and be enforceable by Declarant and the Town of Carrboro.
In the event that the buffer area referred to above is encompassed or otherwise contained
LVd within the area of an active mining permit issued by the State of North Carolina, then this
Declaration of Restrictive Covenants shall be null and void.
1.3 Governing Law. This Declaration and the rights, privileges and obligations
40 created hereunder shall be interpreted, construed and enforced in accordance with the
laws of the State of North Carolina.
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6/27106 Y. 8 2
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