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HomeMy WebLinkAboutSW7080719_HISTORICAL FILE_20081114STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑. COMPLIANCE. EVALUATION INSPECTION DOC DATE YYYYMM D RESPONSE TO COMMENTS November 12, 2008 Samir Dumpor, PE State of North Carolina Department of Environmental and Natural Resources Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 Subject: 12-3403AA — US Highway 17 Stormwater Pond Plan Revision Stormwater Permit No. SW7080719 Dear Mr. Dumpor: F Comprehensive C E S1 Engineering . Services, Inc. "LCndfans'/firaag! Qaatity amllaammtion" NOV 14 Z008 Attached for your review are two copies of a proposed revision to the aforementioned project. Due to a misinterpretation of survey data, the location Of' file scour hole as previously designed and permitted has been relocated to the north. In addition, the pipe system from the control structure to the scour hole has been upsired to 30" to account for losses in the system and the 48" pipe between the two ponds has been lowered and stone berms have been added as requested by NCDOT. It should be noted that these changes do not affect the projects area or the proposed pond volumes. please review the attached and let me know if you need any additional materials to approve this revision. If you have any questions or need any additional information, please do not hesitate to call me at 407-423-1600, Ext. 213. C: Steve Chun, 13.1-L Sincerely yours, Comprehensive Engineering Services, Inc. V � Eric Arp Senior Engineer Page 1 of 1 201 S. Orange Ave., Suite 1300 • Orlando, Florida 32801 e Tele: (407) 423-1600 • Fax (407) 423-9614 I'.AI t,A07004noA. r.i u..I,Hdu\N(:_,,AIII 111N SC )AQ' H11 uun,pncn„c July 31, 2008 Harborside 1 artners, LLC Attn.: Ru II L. Mills 2404 . Rio Grande Ave. Orl do, FL 32804 Subject: Dear Mr. Mills Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Colcen 11. Sullins, Director Division of Water Quality Stormwater Review SW7080719 R-3403AA-Pond Craven County This office received a Coastal Stormwater permit application and plans for the subject project on July 25, 2008. A preliminary review of your project indicates that before a State Stormwater permit can be issued the following additional information is needed: 1. Sheets 6-38 are not signed and sealed. Please revise. 2. On sheet 7 of the plans, add pond overall dimensions (for both sections of the pond) and add the inverts for inlet pipe, connecting pipe and the outlet pipe. 3. Provide the Drainage Easement for connecting pipe if needed (if pipe is crossing over the adjoiners property). 4. If the wetlands delineation is done, please provide the wetlands line at the. point where the pond is discharging. 5. Provide the supplement and the Operation and Maintenance agreement fix level spreader (you can find the at http://h2o.enr.state.nc.us/su/bmp_forms.htm). 6. Provide 2 sets of signed and sealed plan sheets and documents. The above requested information must be received in this office prior to August 7, 2008 or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to me at the Letterhead address and include the application number on the request. The request must include justification for the amount of additional time needed. The request will only be granted for justifiable delays that are unforeseen and beyond the owner or consultant's control. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $25,000 pear day. Please reference the Stormwater Project Number above on all correspondence. If you have questions, please feel free to contact me at (252) 948-3959. Sincerely, Samir Dumpor, PE Environmental Engineer Washington Regional Office North Carolina Division of Water Quality Internet www.ncwateroualitv.ora One 943 Washington Square Mall Phone (252) 946-6481 NorthCarolina Washington, NC 27889 Fax (252) 946-9215 Naturally An Equal Opportunity/Affirmative Action Employer —50%Recycled110% Post Consumer Paper cc: Washington Regional Office Eric Arp, PE, Comprehensive Engineering Services, Inc. (201 S. Orange Ave., Suite 1300, Orlando, FL 32801) �OF W ATFq� Michael 1'. Easley, Governor �0 G William G. Ross Jr., Secretary h r North Carolina Department of Environment and Natural Resources 1 � Coleen It. Sullins, Director Division of Water Quality November 18, 2008 Mr. Russel Mills, Sr. Harbor i e 17 Partners, LLC 2404A. Rio Grande Ave. Orlando, FL 32804 Subject: Approved Plan Revision R-3403AA — US HWY 17 Stormwatelr Pond Stormwater Project No. SW7080719 Craven County Dear Mr. Mills: On November 14, 2008, the Washington Regional Office received a plan revision for Stormwater Management Permit Number SW7080719. The revisions include: the relocation of scour hole, upsizing of the pond outlet pipe to 30" and lowering of 48" connecting pipe between the forebay and the main pond. It has been determined that a formal permit modification is not required for the proposed changes. We are forwarding you an approved copy of the revised plans for your files. Please replace the old approved plan sheet(s) with the new one(s) {OR Please add the attached plans to the previously approved Plan sheet.} Please be aware that all terms and conditions of the permit issued on August 13, 2008 remain in full force and effect. Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Permit is done on a case -by -case basis. Any other changes to this project must be submitted to and approved through the Division of Water Quality prior to construction. The issuance of this plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please do not hesitate to call me at (252)946-6481. Sincerely, �f I Samir Dumpor Environmental Engineer II AH\xx: S:\WQS\STORMWATER\PERMIT\SW7080719 cc: Eric Arp, PE, Comprehensive Engineering Services, Inc. Craven County Building Inspections (/Washington Regional Office Central Files e XhCarolina tura!/y North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 I7AX (252) 946-9215 Internet: W W W.nCWatCrqualitv.org 943 Washington Square Mail, Washington, NC 27989 An Equal OpportunitylAKnnadve Acton Employer— 50%Recycled110% Post Consumer Paper Customer Service 1-IM-623-6748 North Carolina Secretary of State http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitem Id=8002149 CORPORATIONS North Carolina Elaine F. Marshall DEPARTMENT OFTHE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 i919}807-2000 Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B2B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 7/29/2008 Click here to: View Document Filings I Sign Up for E-Notifications I no- apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC Harborside Legal 17 Partners, LLC Limited Liability Company Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: 0854475 Current -Active 6/29/2006 Foreign FL Perpetual CorpDirect Agents, Inc 176 Mine Lake Court, Ste. 100 Raleigh NC 27615 176 Mine Lake Court, Ste. 100 Raleigh NC 27615 200 S. Orange Avenue, Ste. 2025 Orlando FL 32801 200 S. Orange Avenue, Ste, 2025 Orlando FL 32801 I of 1 7/29/2008 10:09 AM OF RESPONSE TO COMMENTS August 6, 2008 Samir Dumper, PE State of North Carolina Department of Environmental and Natural Resources Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 Subject: R-3403AA-POND Response to Request for Additional Information Stormwater Review SW7080719 Dear Mr. Dumpor: CF Comprehensive CI Engineering . Services, Inc. 'Erm((emn `Birougr, Galley and Dumvm ion" EXPRESS AUG 0 8 2008 NC CIENR Comprehensive Engineering Services, Inc. (CES) is pleased to have this opportunity to address your review comments dated July 31, 2008. The following revised information is included in this resubmittal: • 2 copies of revised plans Below are your comments followed by our responses in bold. Comment: Sheets 6-38 are not signed and sealed. Please revise. Response: Sheets 6-38 have been signed and sealed'on the revised plans.. Comment: On sheet 7 of the plans, add pond overall dimensions (for both sections of the pond) and add the inverts for the inlet pipe, connecting pipe and the outlet pipe. Response: Pond dimensions have been added to sheet 7. Pipe inverts have been added to sheet 3. Comment: Provide the Drainage Easement for connecting pipe if needed (if pipe is crossing over the adjoiners property). Response: The connecting pipe is located on Harborside 17 property. Comment: If the wetland delineation is done, please provide the wetlands line at the point where the pond is discharging. Response: The wetland has been delineated by Avolis Engineering and approved by USACOE, but it has not been surveyed. The approximate wetland line has Page 1 of 2 201 S. Orange Ave., Suite 1300 • Orlando, Florida 32801 • Tele: (407) 423-1600 • Fax (407) 423-9614 DPP:\oe.o6.na>'CUWt � Ru,,.— . Commcnu d- been added to Sheet 3 of the construction plans in the area of the pond for reference Comment: Provide the supplement and the Operation and Maintenance agreement for level spreader. Response: As discussed, this BMP is in reality a scour hole and has beein relabeled as such on sheet 3. The O&M agreement for this scour hole will be faxed to your office on August 11th and a hard copy will be delivered to your office shortly thereafter. Comment: Provide 2 sets of signed and sealed plan sheets and documents. Response: Two signed and sealed sets of plans are included with this resubmitttal. If you have any questions or need any additional information, please do not hesitate to call me at 407-423-1600, Ext. 213. C: Steve Chun, P.E. Sincerely yours, Comprehensive Engineering Services, Inc. U Ol I Eric Arp Senior Engineer ryr 242 :j ' (R-30 3Ak- {o�i D 13G-�J>GE7�N STORMWATER SUBMITTAL REQUIREMENTS WET DETENTION POND Objective A. V' Collect all runoff from all BUA (proposed and/or existing and/or offsite) as the case may be, by any means including piping or swales, and direct it to the pond. B. ✓ Check the proposed pond design to make sure it meets or exceeds the minimum design criteria for surface area, volume and drawdown. If. What makes up a complete wet detention pond application package? A. /Two sets of sealed, signed & dated layout & grading plans with appropriate details. B. %(Additional sets of plans may be requested for projects in certain counties) Completed application with supplement(s), SWU-101, SW401-Wet Pond, and inspection and N,kmaintenance agreements. C. Deed restriction document, if applicable (for subdivisions & projects with out parcels) 1 D. V/Sealed, signed & dated calculations. E. Estimated seasonal high water table elevation at all pond locations. F.N Chlorides test results must be provided if the project is within ''/z mile of SR waters (Phase 11). (This is only required to test out of SR water treatment requirements) III. BIMS entry (for DWQ use only) Enter & track application acknowledged date, review date, add info requested/received dates, permit issue dates, and drainage area info. Best done after the add info letter is written and before sending permit up for signature. IV. Shell documents (for DWQ use only) Permit shells: s:\wqs\stormwater\shells\highcompond s:\wqs\stormwater\shells\highsubpond s:\wqs\stormwater\shelis\HDhybrid Spreadsheet: s:\wqs\stormwater\excel spreadsheets\pond VI. Review Procedure A. APPLICATION 1. V 'An original signature is required. Photocopied signatures cannot be accepted. 2. VA completed wet detention pond supplement and a signed, dated and notarized wet detention pond Inspection and Maintenance Agreement with an original signature. 3. The numbers on the supplement match up to the numbers used in the! calculations and shown on the plan details. 4. Built -upon areas are reported in square feet in Section 111.6. 5.✓Receiving stream name and classification. This is important because in the non -Phase II counties, a wet pond cannot be used on a project that is within Y: mile of and draining o SA waters. For Phase 11, a wet pond is allowed within '/2 mile of SA waters. 6.✓tSection 111.6 is filled in -cannot be left blank. One column must be filled in for each /proposed wet pond. If the applicant is a corporation, partnership or LLC, look it up on the Secretary of State Corporations Database. Make sure corporation is spelled correctly (capitalization and punctuation matter) and that the person signing the application is at least a vice- president in the,corporation,'a General Partner in the partnership, a member in a member -managed LLC, or the manager of a manager -managed 'LLC. Need documentation to support if the Articles of Incorporation do not list the members or managers of the LLC. If an agent signs, then a letter of authorization is needed from the president, vice president, general partner, member or manager. 80/A-For subdivided projects, a signed and notarized deed restriction statement must be provided. 1 Wet Detention Pond, cont. B. CALCULATIONS 1. I/ The orifice is sized based on drawing down the calculated minimum volume in 2-5 days. The average head to use in the orifice equation is approximately one-third of the distance between the permanent pool elevation (PPE) and the elevation of the next available outlet above the permanent pool. The elevation of the next available outlet must be either the elevation where the minimum volume is provided, or it can be higher. The temporary pool elevation (TPE) to report on the supplement will be the elevation of the next available outlet above the PPE. The temporary pool volume (TPV) to report on the supplement is the volume between the specified PPE and the TPE. 2 .�//kFor Phase II projects that are within '/z mile of and draining to SR waters, the difference in runoff from the predevelopment and post -development conditions for the 1 year 24 hour storm must be controlled and treated. 3.ljhFor Phase II projects, the discharge rate leaving the pond can be no more than the 4. r�/ For Phase pl projent cts draining to SAwater, nodischarge harge rate for the 1 r24 hour tto surface waters may occur from wet ponds. The discharge leaving the orifice must be effectively infiltrated prior to 5. ✓reaching surface waters. The average pond depth is the permanent pool volume divided by the permanent pool surface area. The result must be between 3 ft. and 7.5 ft. Parts of the pond can be ✓ deeper than 7.5 ft., but in no case can any part of the pond be less than 3 ft deep. 6. If the 85% TSS chart is used a 30' vegetated filter must be provided at the outlet of the /pond. If the 90% TSS chart is used, no filter is required. 7. V Use the correct SA/DA TSS chart from the BMP Manual noting that there are different charts for different areas of the State. 8. Required surface area at permanent pool. 9. ✓Provided surface area at permanent pool (Based on pond dimensions) 10. ✓Required volume calculation based on 1.5" storm for Phase II projects* and 1" storm for all others projects. *unless the project is Phase II and within Yz mile of and draining to SR waters then the volume calculation must be based on difference between the pre wand post development conditions for the 1-yr 24-hr storm. 11. Table of elevations, areas, incremental volumes and accumulated volumes for overall rify umes 12.'/pond and for Forebay designed to hold e20% olf he permanent pool volume. (Range of 18%-22% OK.) 13!v Non -erosive flow for 10 yr. storm in the vegetated filter, if using 85% TSS. ? 14. The seasonal high water table must be at or below the proposed permanent pool elevation to assure that the necessary volume will be available above the permanent pool. 15 ✓Rounding numbers off during the calculation process can result in deficiencies. Do not ' /round the numbers until you get to the final result. 16.�"An additional one foot must be excavated below the bottom elevation of the pond. The 1 foot sediment accumulation depth is not included in the average depth calculation. 11 f an4 = 0,125 ctr t Wet Detention Pond, cont. C. PLANS- Due to storage space constraints, plan sheets should be kept to a minimum. For small commercial single wet pond projects, the plan set could consist of only 2 or 3 sheets, layout, grading and details. For larger projects, show as much information as possible on as few heets as possible, without cluttering them up. 1Development/Project Name 2. ✓Engineer name and firm. 3. ✓Legend 4. t North Arrow 5. v/Location Map with nearest intersection of two major roads shown. Major road is any 1, 2, or 3 digit NC, US or interstate highway. 6. V Scale- standard engineering scale, no off-the-wall stuff. 7. ✓'/Date 8. y Revision number and date, if applicable. 9. ✓Original contours, proposed contours, spot elevations, finished floor elevations, pipe inverts, swale inverts, etc. 10.1•' Existing drainage (piping, swales, ditches, ponds, etc.), including off -site. Include a map delineating the offsite drainage areas. 11 ✓Property/Project boundary lines, bearing & distances. 12A/can High Water Line or Normal High Water Line, if applicable. 13.VThe permanent pool elevation must be above the SHWT and above the lowest elevation of adjacent wetlands. Evaluate the need for a liner and/or berm/slurry wall to z prevent dewatering the wetland. 14. Drainage easement widths, pipe sizes and swale inverts are provided. 15.✓Wetlands delineated, or a note on the plans that none exist. Get a copy of the wetlands delineation map signed by the Corps of Engineers, or have the applicant include a copy oythe unsigned delineation map submitted to the Corps. Wet ponds may not be located fi wetlands unless a permit to fill those wetlands has been obtained. 16.y Details for the roads, parking, cul-de-sacs, including sidewalk width, radii, dimensions & slopes. 17.�AApartment / Condo development- Provide a typical building footprint with dimensions and note all concrete and wood deck areas. 18.i/The drainage area for each wet pond is clearly delineated and numbered to match up to the calculations and supplement. Drainage area delineation is best done as a separate plan sheet. 19.,/,A pond section detail to include the forebay, a 10 foot wide vegetated shelf, pertinent elevations for the bottom, permanent pool, temporary pool, and SHWT, 3:1 slopes above the permanent pool, and the weir elevation between the main pond and the forebay. 204/ he 10 vegetated shelf extends 6" below and 6" above the permanent pool elevation. 21 VAn outlet structure detail showing a trash rack with :56" square openings, the necessary orifice invert elevation (i.e., the permanent pool), orifice size and temporary pool elevation. 22. Dimensions for each line and arc formed by the permanent pool contour. 230/AWhere the 85% TSS chart was used, a 30 ft. vegetated filter strip is required to be hown on the plans & detailed (elevations, inverts, slopes, and flow spreader MM.. echanism). Please note that the filter strip is not a ditch. 24: A forebay is provided for each inlet and located so as to prevent short-circuiting. 25.t/The pond must have a minimum 1.5:1 length to width ratio and a minimum 311 flow path length. Artificial "baffles" of timber, vinyl, or earth can be used to create a longer flow path. The top elevation of the baffle should be set at the temporary pool elevation or A Vegetation plan is specified for the pond, including slopes. Wetlands species are listed for planting on the 10:1 shelf. Weeping Love Grass is not suitable as a permanent vegetated cover for pond slopes. All roof drainage must be directed to the pond. Show the roof drain collection lines on the plan. This is necessary for projects where the buildings back up the property lines where roof drainage may leave the site prior to going through the pond. �f �prto` (�th�@ nyr`OnS 2 �f .'.ncr .Spas At...{ Odle- FO>J� . a e�� NCDENR North Carolina Department of Environment and Natural Resources Request for Express Permit Review FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. Include this form with the application package because it helps us to distinguish, which projects are going through the express review and not the routine review: EXPRESS • Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee(C ncmad.net • Mooresville & Asheville Region -Patrick Grogan 704-663-3772 or patrick.Urogan a(d)ncmail.net JUL 2 6 2008 • Washington Region -Lyn Hardison 252-946-9215 or Ivn.hardison(ancmail.net ���p • Wilmington Region -Cameron Weaver or Janet Russell 910-350-2004 or cameron.weaver(a).ncmail.net orLrW sJi1[tllAarpdil.net Project application received after 12 noon will be stamped in the following work day. APPLICANT Name Russell L. Mills Company Harborside 17 Partners, LLC. Address 2404 N. Rio Grande Ave. City/State Orlando, FL Zip 32804 Phone 321.281.8004 Fax407.426.2339 Email millsaMusainvest.com PROJECT SYSTEM(S) TRIBUTARY TO Neuse River SURFACE WATER CLASSIFICATION Sc, Sw, NSW PROJECT Name R-3403AA-POND County Craven PROJECT LOCATION (ADDRESS) US 17 (a) W. Hickory St. ENGINEER/CONSULTANT Eric Arp Company Comprehensive Engineering Services, Inc. Address 201 S. Orange Ave., Suite 1300 City/State Orlando, FL Zip 32801 Phone 407.423.1600x213 Fax 407.423.9614 Email earp(acescivil.com State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑Yes ❑ No ❑ STREAM ORIGIN Determination: of Stream calls; Stream Name ® STORMWA TER ❑ COASTAL MANAGEME ❑Low Density ❑ High Density -Detention Pond ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration Excavation & Fill ❑ Bridges & Culverts Upland Development n Marina Developme ❑ High Density -Other ❑ Off Site ❑ Structures Information ❑ Urban Waterfront ® LAND QUALITY ® Erosion and Sedimentation Control Plan with 3.46 acres to be disturbed.(CM; # (for DENR use)) WETLANDS QUESTIONS MUST BE ADDRESSED BELOW ❑ WETLANDS (401): Check all that apply / Isolated wetland on Property ❑ Yes ❑ No Wetlands on Site ❑ Yes ❑ No / Buffer Impacts: ❑ No ❑ YES: --acre(s) ' Wetlands Delineation has been completed: ❑ Yes ❑ No / Minor Variance: ❑ No ❑ YES / Major General Variance ❑ No ❑ 'YES US ACOE Approval of Delineation completed: ❑ Yes ❑ No / 401 Application required: ❑Yes ❑ No If YES, ❑ Regular 404 Application in Process w/ US ACOE: ❑ Yes ❑ No / Permit Received from US ACOE ❑ Yes ❑ No Perennial, Blue line stream, etc on site ❑ yes ❑ No The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications. DENR use only Fee Split for multiple permits: (Check # f�o-1 no e, ) Total Fee Amount S '�Ice)O SUBMITTAL DATES Fee I SUBMITTAL DATES Fee CAMA I Variance ❑ Ma'; ❑ Min SW D; ❑ LD 401: LQS 3 1 Stream Deter,_ ('A Soil & Environmental Consultants, 13A 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com eFp 17 2007 September 10, 2007 S&EC Project #: 10843.S I Harborside 17 Partners, LLC Attn: Sue Nelson 2404 North Rio Grande Avenue Orlando, FL 32801 Re: Detailed Soils Evaluation at proposed Harborside Development located adjacent to Hwy 17 in Bridgeton, Craven County, NC. Dear Mrs. Nelson: Soil& Environmental Consultants, PA (S&EC) performed a detailed soils evaluation at theq site mentioned above. A map was provided by Mayo Surveying showing three JUL 2 51� anions that were staked in the field where soil borings should be performed by S&EC. At the indicated locations the following were performed: a profile description to seven feet;(or as deep as possible with hand augers), observed water table measurement, estimation of permeability, hydraulic conductivity, and seasonal high water table based on soil color. The purpose of this evaluation was to provide you with additional information for designing a storm water wet detention pond. The following is a brief report of the methods utilized in this evaluation and the results obtained. Soil/Site Evaluation & Results A site evaluation was performed by Walter Cole and Sarah Menser (Licensed Soil Scientist and SSIT) to acquire the information you needed. The evaluation was performed by making hand auger borings to a depth of 7 feet at five locations which were located with a GPS receiver and are shown on the attached map and identifying and recording the soil morphological conditions at those five locations in order to develop soil profile descriptions, which are also included with this report and shown on the attached map. Soil borings revealed a mucky organic surface horizons and coarse to fine loamy sand and sand subsurface horizons with some cementation. The auger borings at locations 2 & 3 contained a 6-8 inch think "spodic" subsurface soil horizon containing brittle cemented sand created from accumulated illuvial, amorphous organic matter — sesquioxide complex that coats the soil particles and fills in the soil pores. These soil horizons formed from the chemical interactions between the sesquioxides; hummic, fulvic, and tannic acids from the overlying organic material and the sandy soil parent material, and this condition results in a "perched" water table, which in turn slows the decay of organic matter in a cycle. Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704)720-9405 Phone: (336)540-8234 Fax: (704)720-9406 Fax: (336)540-8235 We were able to directly measure the observed water table at the three locations during the time of our evaluation and also base the soil wetness on low chroma colors in the Munsell Soil Color Chart. The observed water table ranged from 34" @ 1 hour to 52" @ 20 minutes. The seasonal high water table based on soil color is less than 12" from natural ground level for all three borings. Please keep in mind that this site is located on an active blueberry farm with various integrated ditches for drainage, so the only accurate way of measuring the water table would be to perform ground water monitoring; via wells and ground water modeling for data analysis, however with the amount of organic matter in the soil, the spodic horizon in the soil, and the color of the soil, one could reasonably assume that the seasonal high wetness condition is at or near the natural ground surface. Soil borings 1-3 all had organic mucky surface horizons that would have an estimated permeability in the range of 0.6 — 2.0 inches per hour and an estimated hydraulic conductivity ranging from 0.14-1.4 inches per hour. The 6-8 inch thick spodic horizon in borings 2 and 3 containing cemented sand would have an estimated permeability in the range of 2-6 inches per hour and an estimated hydraulic conductivity ranging from 1.4-14 inches per hour. The underlying loamy sand and sand subsurface horizons at soil borings 2 and 3 would have an estimated permeability in the range of 6-20 inches per hour and an estimated hydraulic conductivity >14" per hour. All of these estimates obtained from one or more of the following: Craven County Soil Survey Table 15 "Physical & Chemical Properties of the Soil - Permeability"; Dorovan & Murville Soil Series and/or 1JSDA- NRCS (United States Department of Agriculture - Natural Resource Conservation Service) official series description, and/or "NRCS Field Book for Describing & Sampling Soils". The permeability estimates are based on the soil texture. No actual site specific; testing of hydraulic conductivity was performed. Soil & Environmental Consultants, PA is pleased to be of service in this matter and we look forward to assisting in the successful completion of the project. Please feel free to call with any questions or comments. Since 7 Walter Cole Sarah Menser NC Licensed Soil Scientist 91267 NCSSIT Harborside Development - Hwy 17 Project Project #: 10843.Sl Profile # 1 USDA Color Mottle Texture Structure Moist Notes USDA Permeability estimated K-sat in/hr Horizon Depth Description Consistency Y in/hr in/hr Matrix Mottle Oi 0-8 7.5 YR 3/1 Muck SLS MA V FR < 17 % RUBBED 0.6-2.0 0.14-1.4 Oat 8-36 7.5 YR 2.5/1 Muck SLS MA V FR <17%RUBBED 0.6-2.0 0.14-1.4 Oa2 36-84+ 7.5 YR 2.5/2 Muck SLS MA V FR <l7%RUBBED 0.6-2.0 0.14-1.4 observed Water Table: 36" @ 20 Min. 34" @ 1 Hr. SHWT based on soil color: <12" Soil Series: Dorovan Harborside Development - Hwy 17 Project Project #: 10843.S1 Profile # 2 USDA USDA Color Mottle Texture Structure Moist Notes Permeability estimated K Horizon Depth on Description Consistency in/hr sat in/hr Matrix Mottle Oi 0-12 7.5 YR 3/1 Muck SLS MA V FR <17% RUBBED 0.6-2.0 0.14-1.4 Oa 12-30 7.5 YR 2.5/1 Muck SLS MA V FR <17% RUBBED 0.6-2.0 0.14-i.4 A 30-40 10 YR 2/1 S SLS MA V FR MUCKY MINERAL 6-20" >14" AE 40-46 10 YR 212 LS WK GR V FR 6-20" >14" E 46-60 10 YR 3/4 LS WK GR V FR 6-20" >14" Bh 60-66 10 YR 3l6 LS SLS MA FR CEMENTED SAND 2-6" 1.4-14 C 66-84+ 10 YR 416 LS SLS MA V FR 6-20" >14" 10 YR 5/6 Observed Water Table: SHWT based on Similar Soil Series: 48" @ 20 Min. 48" @ 40 Min. soil color: <12" Lynnhaven, Murville Harborside Development - Hwy 17 Project Project #: 10843.S1 Profile # 3 Horizon Depth Color Mottle Description Texture Structure Moist Consistency Notes USDA Permeability in/hr USDA estimated K sat inlhr Matrix Mottle Oa 0-24 7.5 YR 3/1 Muck SLS MA V FR <17% RUBBED 0.6-2.0 0.14-1.4 A 24-36 10 YR 2/1 S WK GR V FR MUCKY MINERAL 6-20"' >14" Bh 36-56 7.5 YR 2.5/1 S SLS MA V FR CEMENTED SAND 2-6" 1.4-14 Bh/C 56-64 7.5 YR 2.5/3 S SLS MA V FR 2-6" 1.4-14 C1 64-70 2.5 Y 4/4 S SLS MA V FR 6-20" >14" C2 70-84+ 5 Y 5/4 S SLS MA FR 6-20" >14" Observed Water Table: 52" @ 20 Min. SHWT based on soil color: <12" Similar Soil Series: Lynnhaven, Murville ui!� LINIUTED LIABILITYCOMPANY ANNUAL REPORT NAME' OF LIMITED LIABBJTY COMPANY: llorborside 17 Parmers, LLC SECRETARY OF STATE R.L.L. P. rD NUM1IFR: 0854773 SOS I D: 0854475 Date Filed: 1/9/20075:10:00 PM Elaine F. Marshall North Carolina Secretary of Stale C200700800720 STATE OF INCORPORATION: FL NAI URE Ol' BUSINESS: use genera! purpose clause OR m0• and d1 business not prohibited by NCGS REGISTERED AGENT: Cort Direct Agentr, Inc. REGISTERED OFFICE MAILING ADDRESS: 176:Llint Lokt Cmvq .Suite N10 Ruleigh. ,VC 27615 REGISTERED OFFICE STREET ADDRESS: 176 Aline Lake Court, Suite 100 Ralrigh, SC 176!l111I5 WakeL{Counnn�• S IGNATJRE OF THE NEW REGITMRF,D AGENT': (UTA(U�fi&i Cristal Harris — Asst. SeC. SIOHAII IRE CONSTITUTES CONSENT TO THE APPOR.I'MENT PRINC [PAL OFFICE TELEPHONE NUMBER: 407-245.8352 PRINCIPAL OFFICE MAILING ADDRESS: 200 S Orange Anuve. Suite 2025 Orlando. hL 32801 PRINCIPAL OFFICE STREET ADDRESS: 200 S Orarge Avemq Suite 2025 Orlando. FL 3280/ MANAGERS/MEMBERSIORGANIZERS: None: Jupiter USi. bre. Title: AImrager Address: 200 S. Oresnge Avenue. Suite 2023 Orlando, FL 32801 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES tup,W USA. Inc. R)RM MUST BE SIGNED BY A AiANAGER/MFAfaF.R 2007(H05 DATE Jupiter USA, Inc. Mmwger! TYPE OR PRINT NAME TYPE OR iRINT TRLE ANNUAL REPORT FEE: E-Paid MAII. TO: Saaeury of Slae • Carporatiau Division • Pw Offica Boa 29323 • Raklph NC 27625-0523 I� FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT EXPRESS PERMITTING OPTION 08012007 No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.) Part A. 1. Project Name US 17 (R-3403A) 2. Location of land -disturbing activity: County Craven City or Township Bridgeton Highway/Street US 17 from Mill St. to N&S RR Latitude 3507'21"N Longitude 77"1'11"W 3. Approximate date land -disturbing activity will commence: September 2008 4. Purpose of development (residential, commercial, industrial, institutional, etc.): roadway 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 13.87 ac. 6. Amount of fee enclosed: $2,910.00. The Express Permitting application fee is a dual charge. The normal fee of $65.00 per acre is assessed without a ceiling amount. In addition, the Express Permitting supplement is $250.00 per acre up to eight acres, after which the Express Permitting supplemental fee is a fixed $2,000.00 (Example: 9 acres total is $2,585). NOTE: Both fees are rounded up to the next whole acre and need to be paid by separate checks to NCDENR. 7. Has an erosion and sediment control plan been filed? Yes No Enclosed X 8. Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name Russell L. Mills Telephone 321-281-8004 E-mail Address millsCaiusainvest.com Cell# Fa<# 407-426-2339 9. Landowner(s) of Record (attach accompanied page to list additional owners): pond site Harborside 17 Partners, LLC by: Jupiter USA Inc. it's manager Name 2404 N. Rio Grande Ave Current Mailing Address 321-281-8004 Telephone Current Street Address Orlando FL 32804 _ City State Zip City 407-426-2239 Fax Number Landowner(s) of Record (attach accompanied page to list additional owners): roadway North Carolina Dept. of Transportation Name 1 S. Wilmington St Current Mailing Address Raleigh NC 27611 City State Zip Telephone Fax Number Current Street Address State 10. Deed Book No. G Page No. 66 Provide a copy of the most current deed. Zip Zip Part B. 1. Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet): Harborside 17 Partners, LLC by Jupiter USA Inc., it's manager Name 2404 N. Rio Grande Ave. Current Mailing Address Orlando FL 32804 City State Zip Telephone 321-281-8004 mi Ils(a)i usainverst.com E-mail Address Current Street Address State Fax Number 407-426-2239 Zip 2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: Thomas Wvnn Name 3416 Belmont Blvd Current Mailing Address New Bern NC 28562 City State Zip Telephone 252-670-4662 twynnocconnect.net E-mail Address Current Street Address City Fax Number State Zip (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name of Registered Agent Current Mailing Address City State Zip Telephone Address Current Street Address City State Zip Fax (c) In order to facilitate Express Permitting, it is necessary to be able to contact the Engineer or other consultant who can assist in providing any necessary information regarding the plan and its preparation: Comprehensive Engineering Services Inc earp(acescivil.com Engineering Firm or other consultant E-mail Address Eric Arp 407-423-1600 x213 407-423-9614 Individual contact person (type or print) Telephone Fax Number The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney -in - fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there be any change in the jnformation provided herein. zmilis Sr. Vice President print name Title or Authority re Date 1, 5 S*r3 T Ne Sot j a Notary Public of the County of (ylrct� State of Ft hereby certify that 4&s S 01 als appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my hand and notarial seal, this _day of Q , 20 O? Notary Seal My commission expires C�4 ;to ryvpy SUSANJ.NELSON MY COMMISSION & 401159 EXPIRES;Apn121, 2009 ��.ar.,r e„weMONoteryPL�U�o�u* Development Division 2404 N. Rio Grande Ave. Orlando, FL 32804 November 27, 2007 VIA CERTIFIED MAIL, RETURN RECEIPT REQUIRED Clyde E. Nelson, III 4133 Beresford Road Charlotte, NC 28211 Phone:321-281-8004 Fax:407-426-2339 nelson@j usainvest.com RE: Option Agreement dated April 13, 2007 made by and between Clyde E. Nelson, et al and Harborside 17 Partners, LLC Dear Mr. Nelson: Pursuant to Paragraph 2 of the Option Agreement, notice is hereby given to you that Harborside 17 Partners, LLC has elected to exercise its option to purchase the Property (as defined on Page 2 of the Option Agreement and Paragraph 13b.) pursuant to the terms of the Option to Purchase. This notice shall be deemed to be given effective as of December 15, 2007. In accordance with Paragraph 4 of the Option Agreement, the closing of the purchase and sale of the Property shall take place at the office of John W King, Jr., Esq. no earlier than January 3, 2008 or later than 60 days after the expiration of the Option Agreement (February 13, 2008). Sincerely, HARBORSIDE 17 ARTNERS, LLC By: Jupiter USA, Irk . It's Managing Member Russell Mill- Sr. Vice President cc: John W. King, Jr., Esq. 1tIot'i'. f ioo 1'1_i. _Fk.4.. IIIIIIIIIIIIIIIIIIIIlllllllllllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIII Recorded: 05/02/2007e6 �t j 1TVpe 52C 31 PM Fee Amt: $56.00 Peg of Deeds Cr even,B rpjohard ReQi::ter sherd aK2596 44 NORTH CAROLINA OPTION AGREEMENT CRAVEN COUNTY THIS OPTION AGREEMENT ("Option Agreement"), dated L1/13 , 2007, is made by and between Clyde E. Nelson, I11, and wife, Laurie B. Nelson, Larne W. Nelson, widow, Maxine Nelson Dunbar and husband, Mark Dunbar, Donna Nelson Stocks and husband, James Stocks, Debbie Nelson Gustafson and husband, Harold Gustafson, herein collectively referred to as the "Seller' and "Seller -parties," and individually as a "Seller -party"; and Harborside 17 Partners, LLC, a Florida limited liability company, herein referred to as the 'Buyer'. The terms "Seller," "Seller -parties," "Seller -party," and 'Buyer" as used herein shall mean the parties indicated above, whether one or more, and their heirs, legal representatives and assigns. WITNESSETH: That the Seller, for and in consideration of the payment of the sum of One :Hundred Fifty Thousand and no/100 Dollars ($150,000.00) by Buyer, herein referred to as the "Option Money', to be paid to Seller upon the execution of this Option Agreement does hereby give and grant unto Buyer, and Buyers successors and assigns, the exclusive right and option to purchase (the "Option") the following described real property, herein referred to as the 'Property", to wit: Prepared by: John W. King, Jr. Attorney at Law New Bern, NC 28560 Imaqe I0: 000001255765 7vpe: 0RP Pape 2 of 15 aK2596 Pa347 All of those certain tracts of land lying in the Town of Bridgeton.. Township 2, Craven County, North Carolina, and being more: particularly described as follows: Tax Parcel ID 2-004-013, Address: 200 South E Street, Bridgeton Tax Parcel ID 2-004-120, Address: E Street, Bridgeton Tax Parcel ID 2-036-027 Address: 325 E NC Hwy 55, Bridgeton Tax Parcel ID 2-036-135 Address: E NC Hwy 55, Bridgeton Said property being described in one or more deeds, including the deed recorded in Book 1225 at Page 1078. There shall be excepted from the foregoing as property retained by the Seller the following property, all of which shall be shown on Surveys to be completed within 90 days from the date of this Option Agreement to the satisfaction of Buyer and Seller: u An area of land including and extending the current boundaries of the parcels retained by Seller -parties Stocks and Dunbar sufficient to increase the size of each such retained parcel to three (3) acres; o A septic easement lying to the southeast of the parcel retained by Seller -party Dunbar consisting of her existing septic drain field which will remain in place until such time as public or community sewer is available to the retained Dunbar parcel; a An area of land necessary to extend the "Homesite" retained by Seller -party Larue W. Nelson in a westerly direction to an existing ditch; o Access easements to and from a public road for each the parcels retained by Seller -parties Stocks, Dunbar, and Lame W. Nelson. The access easements shall be over the existing driveways cmTently used by the Sellers of the parcels; and o A 300' by 300' parcel will be excluded from the northwestern sections of the portions of the Property identified as Tax Parcels 2-004-013 and 2-004-3000. o Tax Parcel ID 2-036-119 Address: E Bridge Street, Bridgeton u Tax Parcel ID 2-004-3000 Address: E Bridge Street, Bridgeton Image ID: 000001255766 Type: CRP 34s' of jr, Po THE TERMS AND CONDITIONS OF THIS OPTION ARE AS FOLLOWS: Term. The term of this Option shall commence upon the execution of this Option Agreement and shall exist and continue until 5:00 o'clock P.M., E.S.T., on December 15, 2007. 2. Exercise of Option. At any time during the term of this Option Buyer may exercise this Option by hand delivery or deposit of written notice in the United States Mail, certified or registered, return receipt requested, to Seller at the following address: Clyde E. Nelson. III 4133 Beresford Road Charlotte, NC 28211 Each of the Seller -parties agrees that notice to Clyde E. Nelson III constitutes notice for the purpose of receipt of any notice given pursuant to this Option Agreement, and any notice to Clyde E. Nelson, III shall be deemed notice to all such Seller -parties. 3. Purchase Price. The purchase price for the Property should Buyer elect to exercise this Option shall be the sum of Two Million and no/100 Dollars (`.;2,000,000.00) payable in lawful money of the United States of America at closing, less any Option Money paid to Seller pursuant to the terms of this Option Agreement. 4. Closing. Closing of the purchase and sale of the Property shall take place in New Bern, North Carolina, at the law office of Buyer's attorney, on a date and at a time that is mutually agreeable to the parties, but in no event earlier than January 3, 2008 or later than sixty days after the expiration of this Option Agreement. At closing, Seller shall deliver to Buyer a general warranty deed conveying to Buyer, or Buyer's designee, marketable fee simple title to the Property free of any liens or encumbrances. All liens against the Property, if any, shall be paid and canceled at closing. Ad Valorem taxes shall be pro -rated to the date of closing, taxes being prorated on a calendar -year basis. 5. Right of Entry. So long as this option remains in effect, Buyer, and agents of Buyer, shall have the right to enter the Property for purposes of making soil borings, 3 Image ID: 000001255767 Ty De: CRP Pape 4 of 15 BK2596PG349 environmental site assessments, surveys of the Property, and appraisals; provided, however, Buyer shall repair any damage to the Property caused by such entry or work related thereto and promptly restore the Property to the condition existing immediately prior to such entry. In no way shall Buyer or anyone working on Buyer's behalf interfere with or otherwise hinder Seller's farming, harvesting, sales or related activities. Any material interference by Buyer of Seller's farming, harvesting, sales or related will be a "default of Buyer". Furthermore. Buyer hereby releases and agrees to indemnify and hold Seller harmless from and against any claims for personal injury by Buyer or Buyer's agents arising or resulting from entry upon the Property as herein provided. Any entry by Buyer on to the Property shall be with reasonable notice to Seller. 6. Failure to Exercise Option or Restriction on Use. In the event Buyer fails to exercise this option as herein provided, all sums paid by Buyer to Seller, including the Option Money, shall be retained by Seller as consideration for the grant of this option, and thereafter neither party shall have any further rights, duties or obligations hereunder. Provided, however, that if Buyer fails to purchase the Property due to a default of Seller then Buyer may receive a refund of the Option Money in addition to any other remedies Buyer may have at law or in equity. In addition, if during the term of this Option the condition of the property substantially changes or if as determined in a Phase I Environmental report environmental hazards or materials are discovered on the Property, then the Buyer shall have the right to terminate this Option and receive a refund of all Option Monies paid. Said right to terminate this Option as determined by a Phase I Environmental report finding environmental hazards or materials shall expire 90 days from the date of this Option. 7. Assignment. Buyer's rights hereunder may not be assigned without the prior written consent of Seller, which consent shall not be unreasonably withheld. 8. Survey. Except as otherwise provided herein, Buyer, at the expense of Buyer, shall cause the Property to be surveyed prior to closing hereunder by a Registered Land Surveyor licensed by the State of North Carolina ("Survey"), and the Property shall be described according 9 Image ID: 000001255755 Type: CRP Pape 5 of 15 BK2596 Pa350 to such Survey in the conveyance hereunder. In addition, within 30 days from the date of this Option, Buyer will engage a surveyor and make every reasonable and prudent efl.ort to have the surveyor provide a map or plat of those portions of the property being retained by Seller, and to provide such map or plat within a reasonable time to Seller. If within 90 days of the date of this Option Agreement, surveys and metes and bounds descriptions of those properties and easements excluded from the Property as properties and easements retained by the Seller to the satisfaction of Buyer and Seller have not been completed, this Option Agreement will terminate and all option moneys will be returned to Buyer. Upon completion of the survey of the retained parcels, the parties agree that it shall become an Exhibit to this Option. Seller shall bear the cost not to exceed $2,200.00 of the preparation of those portions of the Survey depicting the parcels and access easements to be excluded from the Property as property and easements retained by the Seller, all of which shall be shown on the aforesaid Survey. If Buyer will advance such costs (up to $2,200.00) to Seller and the advance will be deducted from the Purchase Price at Closing; or, if there is no Closing for any reason other than a breach of this Option Agreement by Buyer, Seller will refund the advance to Buyer upon the termination or expiration of this Option Agreement. 9. Binding Effect. This Option Agreement shall be binding upon, and inure to the benefit of, the parties hereto, and their respective heirs, legal representatives, and ;lssigns. 10. Governing Law. This Option Agreement shall be governed by and construed under the laws of the State of North Carolina. 11. Cooperation. During the term of this Option, Buyer shall have the exclusive right to apply for and obtain upon terms acceptable to Buyer issuance of all consents, licenses, permits and approvals necessary or appropriate for Buyer's development of, construction upon, and intended use for the Property or any other property located in the Town of Bridgeton in the vicinity of the Property, from all governmental and regulatory agencies claiming jurisdiction over the Property or such other properties. Seller shall cooperate with and, upon request, 5 Image IU: 000001255760 Type; CRP Page 6 of 15 SK2596 PG351 actively support Buyer's efforts to obtain all approvals, rezoning, comprehensive plan revisions, annexation, platting, consents, licenses, permits, agreements, contracts, formal actions and other assurances by all applicable governmental agencies and all other parties which may be required for Buyer to develop, use and occupy the Property or such other properties for Buyer's intended use. Such active support by Seller shall include, without limitation, Seller's joinder in or execution of all applications to or filings with any applicable governmental agencies whose consent, approval or other official action may be required in connection with Buyer's proposed development of the Property or such other properties, as well as the execution and transmittal of such documents and letters or other communications manifesting or otherwise expressing such active support or approval by Seller as may reasonably be requested by Buyer. Furthermore, Seller agrees to cooperate with Buyer in the assignment and transfer of any and all development permits that are issued and/or applied for relating to the Property or such other properties. Such cooperation shall not result in any expense to Seller. Buyer acknowledges and aggees that any amendment or revisions to the existing zoning, development approvals and other governmental and/or regulatory restrictions regarding the Property shall not be effective prior to the closing of the purchase of the Property by Buyer pursuant to this Option without Seller's written consent, which may be granted or withheld in Seller's sole discretion. Buyer shall provide Seller with copies of any drawings, maps, studies, and reports relating to the Property and prepared at the direction of Buyer during the term of this Option as and when the same are received or prepared by Buyer. 12. Counterparts. This Option Agreement may be executed simultaneously in two or more counterparts and by facsimile, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Option Agreement shall have no force or effect until all Seller -Parties have executed same and have returned a signed copy to the Buyer. 0 Image ID: 000001255Q7770 O Type: CRP BK2596 PD35Is 2 13. Additional Matters. a. At Closing, Seller shall grant to Buyer a right of first refusal to purchase those parcels retained by any Seller and excluded from the Property as set forth herein. Said right of first refusal shall consist of Seller's notification to Buyer of Seller's intention to sell any or all of those parcels retained by any Seller and excluded from the Property as set forth herein and Buyer's right of first refusal on these properties. b. Concurrent herewith, and as a condition hereof for the benefit of Buyer, Seller -parties Larue W. Nelson and Dunbar shall, in consideration of the payment of $10,000.00 by Buyer to such Sellers, grant to Buyer an option to purchase Tay: Parcel 2-002- 2000 for $200,000.00. Said option shall otherwise be on the same terms as this Option Agreement. c. Buyer will not destroy, impair or otherwise damage the existing power, water or other utility services and/or delivery lines of the residential properties of Sellers Larue W. Nelson, Maxine Nelson Dunbar, or Donna Nelson Stocks. Sellers ;agree that said services may need to be relocated in the future, at Buyer's expense and discretion. IN WITNESS WHEREOF, said Seller and Buyer have caused this instrument to be properly executed in such form as to be binding after proper authority having been given this the day and year first above written. [THE SIGNATURES BEGIN ON THE NEXT PAGE] 7 iiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiuiiiiiiiiiiiiiiii 11111iiiiiiiii1 Image ID: 0000012255771 of Pe: CRP Page 815 BK2596 P0353 SIGNATURE PAGE FOR NELSON-HARBORSIDE OPTION AGREEMENT Date: MKC4 'L X"_7 Date:UaA,GGI 2'6) 2a Date: Date: Date: Date: Date: f (Seal) Cly . Nelson, III Q ,.� 807 N (Seal) Laurie B. Nelson Larne W. Nelson Maxine Nelson Dunbar Mark Dunbar Donna Nelson Stocks James Stocks Debbie Nelson Gustafson Harold Gustafson HARBORSIDE 17 PARTNERS, LLC (Seal) By Jupiter USA, Inc., its Managing Member Date: By: Carl -Christian Thier, President Illlllllllillllllllllllllllllllllllllllllllllllllllllllllllillllllllllllllllllll Image ID: 000001255772 Npe: CRP Page 9 of 15 BK2596 P0354 SIGNATURE PAGE FOR NELSON-HARBORSIDE OPTION AGREEMENT Date: Date: Date: 3 ` z F- U Date : 02% Date: Date: -3- 2 7 Date: 3 - . Date: 13- Date:J'-Zg' rQ Date: Clyde E. Nelson, III (Seat) L rie B. Nelson eal) n ems- faxine Nelson Dunbar Yip. i1� D� (Seat) MnxlneNelson-Dun LaRue N. Nelson I / 17 n L '/-[?� Seal) Mark Dunbar �i i.)� / � -(Seal) Donna Nelson Stocks (Seal) Jaifies Stocks HARBORSIDE 17 PARTNERS, LLC (Seal) By Jupiter USA, Inc., its Managing Member By; (Seal) Carl -Christian Thier, President IIIII III IIII I I III I IIII IIIII IIIII IIIII IIIII IIII IIIII Illf I IIIII IIIII IIIII III II II Image ID: 000001255773 Type: CRP Page eK2596 Ra35510 " 15 North Carolina Craven County I certify that on this the Q� (0 day of 2007, before me personally appeared Clyde E. Nelson, III, and wife, Laurie B. Nelson, who [_ I is personally known to me or [ ✓] has produced j� Q—A] L' as identification and voluntarily signed the foregoing or attached instrument for the purposes therein stated and in the capacity indicated. Public Printed or tJped name of otaEy Public 1 My Commission Expires l' Notary seal or stamp must appear within this box. Image ID: 000001255774 Type: CRP Page 11 of 15 BK2596 PD356 North Carolina Craven County I certify that on this the af day of 17%)aA, 2007, before me personally appeared Larne W. Nelson, personally known to me or LJ produced as identification and voluntarily signed the foregoing or attached instrument for the purposes therein stated and in the capacity indicated. Notary seal or stamp must appear within this box. L Signature of/Notary Public iV i /) 11 � D v✓E- Printed or typed name o Not ry Public My Commission Expires: P, 10 CRP Pape 12 of 16 BK2596 PG357 SIGNATURE PAGE FOR NELSON-FARBORSIDE OPTION AGREEMENT Date: :jQ-O 4�ZO-AP eal) Maxine Nelson DUnbar Date: Date: —o "0 Date: ^/ - U - Date: Date: y12-1e) "!' r-f::-�''j Sea[) Mark Dunbar [ 0 NOL 0040r- (Seal) Donna Nelson Stocks (Seal) mcs Stocks HARBORSIDE 17 PARTNERS, LLC (Seal) By Jupiter U rrltl, its Managing Member Date: µ 3 7 By: _(Seal) Carl -Christian Thier, President 11 Image ID: 000001255776 TYPe: CV Page 13 of 15 SK2596 P0358 &apgz, COUNTY STA"FE OF a' a 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: Carl -Christian Thier, President of Jupiter, USA, Inc Managing, Member of Harborside 17 Partners. LLC. Date q'_I310-1 (Official Seal) MY COMMISSION A EXPIRES: APC Signature ojNofaf' y Publi¢ �Uso , T /1��Lso0,J , Notary Public Printed or typed name �( My commission expires: T "rX - ,�00`j Notary seal or stamp must appear within this box. 12 Imape ID; 000001255777 Type; cnP 591q of 15 SK2596 P03 NORTH CAROLINA CRAVEN COUNTY I, a Notary Public of PAMLICO County, North Carolina, certify that on this day before me personally appeared Maxine Nelson Dunbar personally known to me or who produced satisfactory evidence of identification and voluntarily signed the foregoing or attached instrument for the purposes therein expressed and in the capacity indicated. WITNESS my hand and official stamp or seal this the 30th day of March, 2007. r: NORTH CAROLINA CRAVEN COUNTY Signature of Notary Public My Commission Expires: 9/13/09 ROSALIE PARADIAE Typed or Printed Name of Notary Public I, a Notary Public of PAMLICO County, North Carolina, certify that on this day before me personally appeared Donna Nelson Stocks personally known to me or who produced satisfactory evidence of identification and voluntarily signed the foregoing or attached instrument for the purposes therein expressed and in the capacity indicated. WITNESS my hand and official stamp or seal this the 29 ° day of March, 2007. Signature of Notary Public Kl i✓ My Commission Expires: 9/13/09 ROSALIE PARADIRE Typed or Printed Name of Notary Public 13 Image I0: 00000122555577785TYPO 150RP page 1BK2596 Pr360 NORTH CAROLINA CRAVEN COUNTY 1, a Notary Public of PAMICO County, North Carolina, certify that on this day before me personally appeared James Stocks, Debbie Nelson Gustafson and Harold Gustafson personally known to me or who produced satisfactory evidence of identification and voluntarily signed the foregoing or attached instrument for the purposes therein expressed and in the capacity indicated. WITNESS my hand and official stamp or seal this the 2nd day of April, 2007. gP*-- d!r� Signat re of Notary Public pY�t%7` My Commission Expires: 9/13/09 c: ¢ ROSALIE PARADINE Typed or Printed Name of Notary Public �f('Co...0 JLty�, NORTH CAROLINA CRAVEN COUNTY I, a Notary Public of PAMLICO County, North Carolina, certify that on this day before me personally appeared Mark Dunbar personally known to me or who produced satisfactory evidence of identification and voluntarily signed the foregoing or attached instrument for the purposes therein expressed and in the capacity indicated. WITNESS my hand and official stamp or seal this the 4th day of April, 2007. Signature of Notary Public My Commission Expires: 9/13/09 ROSALIE PARADINE Typed or Printed Name of Notary Public 14 d Workflow No. 498953 I II IIII I ull I III IIIII IIIII I Ilu I I ul III II Illu II O IIIII IIII I II I II I IIII IIII IIII Image ID: 000001009384 TVpe: CRP Recorded: 07/25/2006 at 03:04:28 PM Fee Ant: $30 056.00 Page 1 of 15 Excise Tax: 40,000.00 Craven, NC Sherri B. Richard Register of Deeds BK2485 PD660 ,Prepared by: c.///John W. King, Jr., Attorney at Law 310 Craven Street New Bern, NC 28560 Parcel No. 2-035-1001;122;123;123A;2-002-049;055; 2-001-014;2-001-010;2-001- 009;2-001-023; 2-001-033; 2-001-006;2-001-035; 2-001-011;2-001-007; 2-001-008;2- 001-025 Revenue Stamps $ '3C). DOD• (5 NORTH CAROLINA CRAVEN COUNTY SPECIAL WARRANTY DEED, THIS SPECIAL WARRANTY DEED, dated the 21 st day of July, 2006, is made by and between Harborside Joint Venture, LLC, a Delaware limited liability company, (herein called the "Grantor"); and Harborside 17 Partners, LLC, a Florida limited liability company, (herein called the "Grantee") whose address is 5950 Hazeltine National Drive, Suite 515, Orlando, Florida 32822. The terms "Grantor" and "Grantee" as used herein shall mean and include the parties indicated, whether one or more, and their heirs, legal representatives, successors and assigns, and - shall include singular, plural, masculine, feminine or neuter as required by the context. WITNESSETH: That Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, the following described real property; to wit: See Exhibit A attached hereto and incorporated herein by reference. Image ID: 000001009385 Type: GFP Page 2 of 15 BN2485 Pa669. TO HAVE AND TO HOLD the aforesaid real property and all privileges and appurtenances thereunto belonging to Grantee in fee simple. And Grantor covenants with Grantee that Grantor has not placed nor suffered to be placed any presently existing lien or encumbrance on said premises and that Grantor will warrant and defend the title to the same against the lawful claims of all persons claiming by, through or on account of Grantor, but no further. IN WITNESS WHEREOF, Grantor has caused this deed to be executed in such form as to be binding, the day and year first above written. Harborside Joint Venture, LLC By: y — 2a6�rf f'r:a v ;J�J�tanager State of `Gu/ZiDf� County of t-�7401,160 1, HIV IVIIS1Na7191V (print or type name of Notary Public) a Notary Public ofthe county and state aforesaid, certify that on this date before me personally appeared S; r 4100'1 7. (print or type name of manager), Manager of Harborside Joint Venture, LLC, a limited liability company, personally known to me or who produced a valid driver's license as identification and voluntarily signed the foregoing or attached instrument for the purposes therein stated and in the capacity indicated. WITNESS my hand and official stamp or seal this the day of July, 2006. > Notary Public Stale of Flo fda Lin 10Hoisinglon Notky Public 7 My Cornrowon DD445499 Expires wro7rzees My Commission Expires: edto re istrallon at,�� o'clock Thl 20 Register of Dee'>'U :: ounty Sherri B. i;iuhd- J EXHIBIT A LEGAL DESCRIPTION FOR COLLINS PROPERTY All that certain tract or parcel of land lying and being situate in Number 2 Township. Craven COMM, North Carolina and being more particularly described as follows: Beginning at a point where the northern right of way line of Pine Street intersects the eastern right of -way line of "B" Street. Thence from this point of beginning so located and running along and with the eastern right of way line of"B" Street North 39° 09' IS" West 227.62 feet to a point; thence continuing along the eastern right of way line of"B" Street along a curve to the right having a radius of 464.87 feet, a chord bearing of North 29' 39' 44" West and a chord distance of 150.78 feet to a point; thence North 27' 28' 47" West 17.62 feel to a point: thence leaving the eastern right of way line of "B" Street and running North 50' 50' 1 1" East 209.82 feet to a point; thence North 50' 54' 30" East 97.62 feet to the western right of way line of "C" Street: thence along and with the western right of way line of "C" Street the following courses and distances: South 18' 16' 51" East 58.29 feet, South 19' 33' 1 I East 39.86 feet, South 20' 45' 15" East 52.14 feet, South 22° 32' 46" East 52.05 feet, South 23' 46' 53" East 34.08 leet, South 24' 41' 39" East 37.40 feet. South 26' 07' 3 V East 52.97 feet, South 27° 42' 1 1" East 52.99 feet. South 28' 46' 21" East 25.79 feet. and South 300 01' 39" East 5.03 feet to a point marking the intersection of the western right of way line of "C" Street and the Northern right of way line of Pine Street (said point being located North 40' 13' 35" West 108.20 feet from NCGS Monunent "WEST PINE 1981"); thence along and with the northern right of way line of Pine Street South 51' 01' 31" West 224.12 feet to the point and place of beginning. LEGAL DESCRIPTION FOR BROADWAY ON HWY 17 All that certain tract or parcel of land lying and being situate in Number 2 Township, Town of Bridgeton. North Carolina, and being more particularly described as follows: Beginning at a point at the intersection of the eastern right of way line of "C" Street and the southern right of way line of Pine Street, which point is located North 02' 067 54" East 77.12 feet from NCGS Monument "WEST PINE 1981". THENCE FROM THIS POINT OF BEGINNING SO LOCATED, running along and with the southern right of way line of-13" Street North 500 59' 48" East 174.59 feet to the western right of way line of US I-lighway 17; thence along and with the western right of wav line of US Highway 17 South 38° 58' 23" East 226.75 feet to a point: thence South 51° 17' 06" West 193.54 feet to a point in the eastern right of way of-C" Street; thence along and with the eastern right of way line of "C" Street the follow courses: North 37' 42' 23" West 25.01 feet; North 36' 42' 34" West 34.93 feet: North 35' 19' 47" West 34.51 feet: North 33' 55' 08" West 51.80 feet; North 32' 17' 18" West 50.67 feet and North 30' 33' 11" West 29.82 feet to the southern right of way of Pine Street, the point and place of beginning. Said property containing 0.969 acres according to a survey entitled "Survey for I-larborside Joint Venture. LLC, dated February 1, 2006 by Mayo and Associates, P.A. Illlll��lll�llll�ll�ll�llllllillll�llllllll�llllll IIIIIIIIIII�IIIII Image ID: 000001009386 Type: CRP Pepe 3 of 15 EIK2485 PG662 urk I\Burllg11W4227I v02\7124/06111:51:00AM\7721-1.010600 LEGAL DESCRIPTION FOR SUNDANCE PROPERTY All that certain tract or parcel of land lying and being situate in Number 2 Township, Town of Bridgeton, Craven County, North Carolina, and being more particularly described as follows: BEGINNING at an iron pipe set in the western right of way line of "B" Street, said point being located South 19' 05 ' 44" West 350.02 feet from NCGS monument, "West Pine" having Grid coordinates: North 506,992,55 East 2,590,425.63; THENCE FROM THE POINT OF BEGINNING with the centerline of a ditch South 52° 00' 00" West 516.89 feet to a set iron pipe in said line near the bank of the Neuse River; THENCE, continuing with the extension of said line to the mean high water line of the Neuse River; THENCE, in a northerly direction with the various courses of the said mean high water line of the Neuse River to a point being the intersection of the said mean high hater line and the southern line extended of the Brian Whewell property as described in Deed Book 1213, Page 815 of the Craven County Registry; THENCE, North 570 40' 00" East with the southern line of the Brain Whewell property to a set iron pipe; THENCE, continuing North 57' 40' 00" East 307.84 feet to a set iron pipe in the western right of way line of B Street: THENCE, with a curve to the left having a delta angle of 18140' 00" with a radius of 514.87 feet and an are distance of 167.74 feet and a chard of South 23° 55' 00" East 167.00 feet to a point of tangency in the western right of way line of B Street; THENCE, with the western right of way line of B Street South 33° IT 00" East 549.77 feet to the POINT OF BEGINNING, containing 7.48 acres, more or less, this being the same parcel of land conveyed to Harborside Joint Venture, LLC, a Delaware limited liability company, by Sundance Farms, Inc., by deed recorded in Book 2402 at Page 353, Craven County Registry. Also beine described as: Beginning at a point in the western right of way of "B" Street which point is located North 65' 3 P 46" West 559.62 feet from NCGS Monument "West Pine 1981". THENCE FROM TH{S POINT OF BEGINNING SO LOCATED, running along and with the western right of way line of "B" Street a curve to the left having a radius of 514.87 feet, a Chord bearing of South 29' 39' 44" East, and a distance of 167.00 feet to a point; thence continuing with the western right of way of `B" Street South 38' 59' 44" East 549.77 feet to a point; thence along and with the centerline of a ditch South 46' 14' 30" West 485.53 feet to a point in the highwater line of the Neuse River; thence along and with the highwater line of the Neuse River the following courses and distances: North 31' 37' 00" West 7.47 feet; North 310 37' 00" West 159.97 feet; North 80' 52' 20" West 17.73 feet; North 55' IS' 09" West 3.46 feet; North 33' 20' 56' East 4.65 feet; North 66' 17' 49" East 11.04 feet; North 09' 08' 53" East 30.84 feet; North 33' 23' 11" West 39,27 feet; North 490 00' 27" West 40.30 feet; North 61' 07' 15" West 85.88 feet; North 39' 18' 38" West 9.60 feet; North 30' 42' 37" West 70.34 feet; North 280 04' 14" West 14.33 feet; North 15' 14' 14" East 25.03 feet; North 29' 43' 51" West 27.98 feet; North 560 01' 37" West 96.71 feet; North 35' 50' 15" West 8.98 feet; North 380 17' 43" East 7.86 feet; North 51' 58' 14" East 18.74 feet; North 04' 48' 32" East 66.30 feet; North 020 21' 23" West 103.03 feet; North 14' 20' 47" East 19.03 feet; Nortlt 20' 28' 49" East 38.30 feet; thence leaving the highwater line of the Neuse River and running North 51' 55' 16" East 307.84 feet to the point and place of beginning, according to a survey entitled "Survey for Harborside Joint Venture, LLC, dated July 1, 2006 by Mayo and Associates, P.A IIIIIIIIIIIIII Illllllllllu Illlllllullllllllll IIIIIIIIII IIIII IIIII uul IIII IIII Image ID: 00000100938P7 Teof ,pe015 BK2485 Pc663 ort-rstrBanieyHW422nvo2vrz4ro6tu:49:00AMV7214.010600 2 LEGAL DESCUPTION FOR BROADWAY ON B STREET All that certain tract or parcel of land lying and being situate in Number 2 Township, Town of Bridgeton, Craven County, North Carolina and being more particularly described as follows: Beginning at a point where the western right of way line of "C" Street intersects the southern right of way line of Pine Street, which point is located North 48' 51' 47" West 59.07 feet from NCGS Monument "WEST PINE 1961". Thence from this point of beginning so located running along and with the western right of way line of "C" Street the following courses and distances: South 310 02, 53" East 22.02 feet; South 32' 17' 18" East 52.31 feet; South 33' 55' 08" East 53.40 feet; South 350 19' 47" East 35.96 feet and South 36' 45' 03" East 37.76 feet to a point; thence leaving the western right of way line "C" street and running South 51' 17' 06" West 199.03 feet to the eastern right of way line of "B" Street; thence running along and with the eastern right of way line of "B" Street North 380 5 V 10" Wes: 199.67 feet to the southern right of way line of Pine Street; thence along and with the southern right of way line of Pine Street North 5 io 01' 33" East 216.18 feet to the point and place of beginning. Said property containing 0.945 acres according to a survey entitled "Survey for: Harborside Joint Venture, LLC", dated February 1, 2006, prepared by Mayo and Associates, P.A. LEGAL DESCRIPTION FOR MURRAY Beginning at a point where the eastern right of way line of "B" Street intersects the northern right of way line of Academy Street. THENCE FROM THIS POINT OF BEGINNING SO LOCATED, running along and with the eastern right of way line of "B" Street North 38° 40' 13" West 100.24 feet to a point; THENCE, North 51' 13' 51" East 200.03 feet to the western right of way line of "C" Street; THENCE, along and with the western right of way line of "C" Street South 38° 42' 18" East 99.99 feet to the intersection of the western right of way line of "B" Street with the northern right of way line of Academy Street; THENCE, along and with the northern right of way line of Academy Street South 51° 09' 26" West 200.09 feet to the eastern right of way line of `B" Street, the point and place of beginning. Said property containing 0.460 acres, more of less, according to a survey entitled, "Survey for: Harborside Joint Ventures, LLC, Murray Tract," dated February 8, 2006, prepared by Mayo and Associates, P.A., Said property being the same property conveyed to Joel A. Murray and wife, Kathy B. Murray, by deed recorded in Book 1437 at page 894, Craven County Registry, and being all of Lots 1, 2, 17 and 18, Block "D" Blades Addition, Bridgeton, North Carolina, recorded in Map Book 1, Page 25, reference to which is hereby made. IIIIIIIIIIII IIIIIuI Illu IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII Image In: 000001009388 Type: CRP Page 5 of 15 13K2485 Pa664 orI-fs I\I3mIeyH\44227 I v02\7/24/06\I 1:49:00AM177214.010600 LEGAL DESCRIPTION FOR STEWART All that certain lot or parcel of land lying and being situate in Number 2 Township, Town of Bridgeton, Craven County North Carolina and being more particularly described as follows: Beginning at the intersection of the eastern right of way line of "C" Street with the Northern right of way line of Academy Street. THENCE FROM THIS POINT OF BEGINNING SO LOCATED, running along and with the eastern right of way line of "C" Street North 39' 02' 12" West 172.96 feet to a point; THENCE, North 370 42' 23" West 50.31 feet to a point, (said point being located South 49' 41' 25" East 170.63 feet from NCGS Monument "West Pine"); THENCE, North 510 17' 06" East 193.54 feet to a point in the western right of way line of US Highway 17; THENCE, South 38' 58' 23" East 218.27 feet to the northern right of way line of Academy Street; THENCE, along and with the northern right of way line of Academy Street South 49' 48' 49" West 194.50 feet to the point and place of beginning. Said property being the same property described in the deed recorded in Book 1 110 at page 647, Craven County Registry, and containing 0.986 acres, more or less, according to a survey entitled, Survey for: Harborside Joint Venture, LLC, Stewart Tract, dated February 9, 2006, prepared by Mayo and Associates, P.A. LEGAL DESCRIPTION FOR HAGGETT. All that certain lot or parcel of land lying and being situate in Number 2 Township, Town of Bridgeton, Craven County North Carolina TRACT ONE: Being all of Lots 3, 4 , 15 and 16, Block D, of the Blades Addition of the Town of Bridgeton as the same are shown on a map recorded in Map Book 1, Page 25 of the Craven County Registry. TRACTTWO: Being all of Lots 5 and 14 in Block D, Blades Addition, as the same are shown on a map thereof recorded in Map Book 1, Page 25, Craven County Registry. and being more particularly described as follows: Beginning at a point in the western right of way line of "C" Street, which point is located South 27' 57' 14" East 145.05 feet from NCGS Monument "West Pine". THENCE FROM THIS POINT OF BEGINNING SO LOCATED, running along and with the western right of way line of "C" Street South 390 14' 14" East 149.93 feet to a point; THENCE, South 51' 13' 51" West 200.03 feet to a point in the eastern right of way line of'B" Street; THENCE, along and with the eastern right of way line North 38' 5 F 10" West 150.11 feet to a point; THENCE, leaving the right of way line of "B" Street and running North 51 ° 17' 06" East 199.03 feet to the point and place of beginning. Being the same property described in deeds recorded in Book 1758 Page 320 and Book 1738, Page 446, Craven County Registry, and containing 0.687 acres, more or less, according to a survey entitled, Survey for Harborside Joint Venture, LLC, Haggett Tract, dated March 31, 2006, by Mayo and Associates, P.A. Illlullllllll �I IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Image ID: 000001009389 Type: CRP Page 6 of 15 SK2485 PG665 orl-fsl\BMlcytIW42271YO2V24/06\11:49:OOW77214.010600 4 LEGAL DESCRIPTION FOR MARINA PROPERTY All that tract or parcel of property lying and being situate in Number Two (2) Township, Craven County, North Carolina being more particularly described as follows: Beginning at a PK nail located at the intersection of the southern right-of-way line of the 100 foot right- of-way of Norfolk Southern Railroad and the centerline of B Street, which PK nail lies South 11 ° 42' 34" East 53.73 feet from a magnetic nail located at the intersection of the centerline of the 100 foot right-of- way of Norfolk Southern Railroad and the centerline of B Street; THENCE FROM THIS POINT OF BEGINNING SO LOCATED, along and with the centerline of the right-of-way of B Street the following courses and distances; South 15° 35' 24" East 103.49 feet; South 160 18' 04" East 165.01 feet; South 16' 42' 11" East 115.35 feet; and South 19' 36' 53" East 29.92 feet to a point in the centerline of the right-of- way of B Street; thence leaving the centerline of the right-of-way of B Street, South 57' 32' 20" West 25.93 feet to an existing iron pipe in the western right-of-way line of B Street, which existing iron pipe is located North 59' 55' 34" West 559.69 feet from N.C.G.S. Monument "West Pine" having NAD 1983 Grid Coordinates of N = 506992.588' and E = 2590425.426'; thence continuing South 57" 32' 20" West 307.68 feet along and with the centerline of a ditch to an existing iron pipe; thence continuing South 57' 32' 20" West 27.99 feet; thence North 07' 51' 50" East 190.18 feet to a point; thence North 08' 40' 26" West 272.86 feet to a new iron pipe located in the southern right-of-way line of the 100 foot right-of-way of Norfolk Southern Railroad; thence along and with the southern right-of-way line of said 100 foot right- of-way of Norfolk Southern Railroad North 56' 49' 19" East 216.20 feet to a new iron pipe located at the intersection of the southern line of the right-of-way of the 100 foot right-of-way, of Norfolk Southern Railroad and the western right-of-way line of B Street; thence North 56' 49' 19" East 26.'23 feet to a PK nail located in the centerline of the right of way of B Street, the point of beginning. The aforesaid description is taken from a survey entitled "Boundary Survey for Bridgeton Yacht Club Resort & Shipyard, LLC", dated June 9, 2005, prepared by Joe L. Riddick, Jr., PLS, and recorded in Plat Cabinet H, Slide 23-F in the office of the Register of Deeds of Craven County, North Carolina, reference to said survey hereby being made for a more perfect description of the tract and parcel of land conveyed herein. This conveyance is made subject to the right of way of B Street and the rights of the State of North Carolina to such portion of the aforesaid property which lies below the mean highwater line of the Neuse River. And also being described as: Beginning at a point in the western right of way line of "B" Street, which point is located North 65' 3 P 46" West 559.62 feet from NCGS Monument "West Pine 1981". THENCE FROM THIS POINT OF BEGINNING SO LOCATED running along the centerline of a ditch South 51' 55' 16" West 307.84 feet to a point in the highwater line of the of Neuse River; thence along and with the highwater line of the Neuse River the following courses and distances: North 09' 04' 11" West 20.76 feet; North 08' 22' 51" West 24.08 feet; North 05° 39' 05" West 144.57 feet; North I1* 29' 32" West 115.95 feet; North 190 02' 00" West 62.08 feet; North 120 54' 19" West 78.68 feet to a point in the southern right of way line of the Norfolk Southern Railroad; thence along and with said right of way line North 51* 12' 15" East 216.20 feet to the western right of way line of "B" Street; thence along and with said right of way of "B" Street South 21' 12' 36" East 95.72 feet to a point; thence South 210 55' 08" East 165.25 feet; South 22' 19' 15" East 116.07 feet; and South 25' 13' 57" East 30.56 feet; and South 23° 59' 28" East' 32 feet to the point and place of beginning. IIII III III I II III I I �I III III I I Iu IIIII IuII I I III I IIII I IIII IuII IIIII IIII II II Imape ID: 000001009390 Type: GRP Page 7 of 15 aK2485 PG666 orl-rs I\eanlcylfl442271v02V24/06\I 1:49:00AM 77214.010600 LEGAL DESCRIPTION FOR MORRIS PROPERTY TRACT 1: That certain tract of land situate and being in Number Two Township, Craven County, North Carolina. Beginning at an iron pipe, said pipe being the following courses and distances from U.S.G.S. Monument #P-110; S 39 degrees 45 minutes 53 seconds E for a distance of 126.86 feet to a nail and cap at the intersection of the centerlines of U.S. Highway 17 and the Pamlico, Oriental and Western Railroad and N 59 degrees 23 minutes 10 seconds E 1162.48 feet to the point of beginning. Thence from this point of beginning N 56 degrees 54 minutes 31 seconds E for a distance of 478.29 feet to a point; thence S 15 degrees 05 minutes 31 seconds E 3,278.88 feet along the centerline of a ditch to a point; thence S 56 degrees 26 minutes 09 seconds W for a distance of 637.61 feet to a point; then S 33 degrees 20 minutes 26 seconds E for a distance of 100.00 feet to a point; thence S 56 degrees 39 minutes 34 seconds W for a distance of 34.00 feet to a point; then N 33 degrees 20 minutes 26 seconds W for a distance of 493.20 feet to a point; then N 56 degrees 39 minutes 34 seconds E for a distance of 74.68 feet to an iron pipe, said iron pipe being the southwest comer of a tract previously conveyed to A. O. Gaskill and mcorded in Book 948, Page 535 of the Craven County Registry; then N 56 degrees 39 minutes 34 seconds E for a distance of 435.67 feet to an iron pipe, said iron pipe being the southeast corner of the tract conveyed to A. 0. Gaskill; thence N 32 degrees 18 minutes 40 seconds W for a distance of 455.76 feet to an iron pipe, said point being the northeast corner of a tract previously conveyed to Herbert Fulcher and recorded in Book 963, Page 817, of the Craven County Registry; thence S 56 degrees 30 minutes 54 seconds W for a distance of 313.67 feet to a point, said point being the southeast comer of a tract previously conveyed to Sarah Bradbury and recorded in Book 958, Page 429, of the Craven County Registry; thence N 34 degrees 01 minutes 26 seconds W for a distance of 210.01 feet to the northeast corner of the Sarah Bradbury tract; thence S 56 degrees 30 minutes 34 seconds W for a distance of 168.11 feet to the northwest corner of the Sarah Bradbury tract; then N 33 degrees 20 minutes 26 seconds W for a distance of 231.54 feet to a point; thence N 56 degrees 39 minutes 34 seconds E for a distance of 742.99 feet to the southeast comer of a tract previously conveyed to Sidney R. White, Jr. and recorded in Book 902, Page 327 of the Craven County Registry; thence N 33 degrees 21 minutes 02 seconds W for a distance of 391.44 feet to the northeast corner of the Sidney White tract; thence N 33 degrees 21 minutes 02 seconds W for a distance of 526.92 feet to a point; thence N 61 degrees 25 minutes 30 seconds E for a distance of 251.79 feet to a point; thence N 33 degrees 03 minutes 21 seconds W for a distance of 286.05 feet to a point; thence N 56 degrees 39 minutes 34 seconds E for a distance of 65.45 feet to a point; thence N 22 degrees 21 minutes 53 seconds W for a distance of 657.88 feet to the point of beginning. The above described tract contains 38.47 acres more or less and being all of that tract described in Parcel D. of Schedule A of Book 880, Page 197 of the Craven County Registry except for the following conveyances; Arthur O. Gaskills, Book 948, Page 535; Herbert D. Fulcher, Book 949, Page 4, Herbert D. Fulcher, Book 963, Page 817; and Sidney R. White, Jr., Book 902, Page 327, and Town of Bridgeton Look 1233 page 342. SAVING AND EXCEPTING FROM THE ABOVE PROPERTY: Commencing at an existing iron pipe at the northernmost comer of Thomas Ray Gaskins, Deed Book 1303, Page 857, Craven County Registry, thence North 60 degrees 54 minutes 26 seconds East 303.29 feet to the true point of BEGINNING, thence a new line North 52 degrees 51 minutes 43 seconds East 70.00 feet to a point, thence a new line South 37 degrees 08 minutes 17 seconds E 70.00 feet to a point, thence a new line South 52 degrees 51 minutes 43 seconds West 70.00 feet to a point, thence a new line North 37 degrees 08 minutes 17 seconds West 70.00 feet to the point and place of BEGINNING, being a portion of Jason A. Morris, Deed Book 965, Page 817, Craven Cot'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIn IIIIIIIIIIII�IIIIIIIIIIInIIIlllllllllll acres, more or less. Iu II Imape ID: 00000100t1391 Type: CRP Page 8 of 15 13K248 5 Pg667 orl-rsltBonlcyH\44227lv02\7R4106\11:49:OOAMt77214.010600 6 Commencing at an existing iron pipe at the easternmost corner of Thomas Ray Gaskins, Deed Book 1303, Page 857, Craven County Registry, said point being at the end of the northwestern right-of-way of Pine Street, Plat Book 10, Page 103, thence along the end line of Pine Street South 44 degrees 37 minutes 07 seconds East 29.90 feet to the true point of BEGINNING, thence along the centerline of a new 20 foot access easement the following courses, North 57 degrees 41 minutes I 1 seconds East 336.04 feet, thence North 37 degrees 08 minutes 17 seconds West 77.85 feet to a point on the southeastern line of the Sprint Cellular Lease Lot, said point being South 52 degrees 51 minutes 43 seconds West 28.00 feet from the easternmost comer of said lot, being a portion of Jason A. Morris, Deed Book 965, Page 817, Craven County Registry and containing 0.19 acres, more or less. ALSO SAVING AND EXCEPTING FROM THE ABOVE PROPERTY is the property described in the Deed recorded in Deed book 2030 at page 172, Craven County Registry. Also conveyed herewith is all of Grantors right in and to that certain Driveway Easement recorded in Book 2054 at page 263, Craven County Registry. ALSO SAVING AND EXCEPTING FROM THE ABOVE PROPERTY is all that certain Lot or parcel of land lying and being situate in Number 2 Township, Craven County, North Carolina and being more particularly described as follows: Beginning at a point in the northernmost comer of the property now or formerly owned by Willie and Mary Bundy as described in the deed recorded in Book 958 at page 673, Craven County Registry. THENCE FROM THIS POINT OF BEGINNING SO LOCATED, running along and with the Bundy property South 56' 41' 01" West 168,11 feet to a point; thence North 33' 09' 59" West 231.54 feet to a point in the line of Carmen V. Donofrio as described in the deed recorded in Book 1299 at page 11, Craven County Registry; thence running with the Donofrio southern line North 56' 50' 01" East 243.79 feet to a point; thence South 33' 09' 59' East 230.90 feet to a point; thence South 56' 41' 01" West 75.68 feet to the point and place of beginning. Said property being a portion of the property described in the deed recorded in Book 965 at page 817, Craven County Registry. TRACT 2: A tract of land located in Number Two Township, Craven County, North Carolina, east of the Town of Bridgeton, bounded, now or formerly as follows: North by the land of Fenner E. Morris, East by A. T. Rowe, South by the lands of Clyde Nelson, and West by the lands of International Paper Company, more particularly described as follows: Beginning at a point in the centerline of State Road No. 1600 (Half Moon Road) which point is located the following six courses and distances from the intersection of the centerline of State Road No. 1600 (Half Moon Road) with the centerline of the Norfolk -Southern Railroad: South 50 degmes 50 minutes East 182.3 feet; South 53 degrees 13 minutes East 168.2 feet; South 57 degrees 17 minutes East 182.2 feet; South 59 degrees 20 minutes East 15.9 feet; South 59 degrees 20 minutes East 279.7 feet and South 58 degrees 45 minutes East 21.7 feet to the point of beginning. From this point of beginning running thence South 58 degrees 45 minutes East 60 feet along and with the centerline of State Road No. 1600 (Half Moon Road) to a comer; thence South 40 degrees 30 minutes West 341.2 feet to a comer; thence South 52 degrees 25 minutes East 594 feet to a comer; thence South 40 degrees 30 minutes West 207.5 feet to a corner marked by an iron stake; thence South 4 degrees 30IIIIIIIIIIIIIInIIIIIIIIIIIIIIIIIIIIIIIIIIWIIIIIIIIIIIIIIIIIIIIII�WIIIIIIII thencece South 56 degrees 50 minutes Wes[ 4446 feet to a point in the II near Bridgeton, North Carolina; thence along and with the Eastern lrmage ID: OOCOCtoo93id2 Type: CRP minutes West 600 feet to a corner; thence South 56 degrees 50 minu ^485 Po66E) "age s of 15 North 14 degrees 55 minutes West I500 feet to a corner; thence Noel[ orl-fsI\nartleyH\442271 021724106\11:49:OOAMt77214.010600 7 feet to the Southeastern corner of a lot of land formerly owned by Lavina Roberts; thence continuing North 56 degrees 50 minutes East 2345 feet to a new comer; thence North 44 degrees 30 minutes West 560 feet to a new comer; thence North 40 degrees 30 minutes East 440 feet to the point of beginning. SAVING AND EXCEPTING from the above tract of land the Southwestern half of the light of way of State Road No. 1600 (Half Moon Road) 30 feet in width. Also SAVE AND EXCEPTING Property described in the deed recorded in Book 115:1 at page 547, Craven County Registry. This TRACT TWO being the same as that property described in Book 793, at Page 561, in the Office of the Register of Deeds of Craven County. TRACT 3: That tract of land, containing 0.34 acre, more or less, known as the land upon which the Jason Morris Farms, Inc. blueberry packing shed is situate, in Number Two Township, Craven County, North Carolina, bounded as follows: On the Southeast by Mill Street, on the Northeast by "E" Street in the Town of Bridgeton, North Carolina, more particularly described as follows: Beginning at the Westernmost corner of the intersection of "E" Street and Mill Street in the Town of Bridgeton, Craven County, North Carolina, and from this beginning running thence along; and with the Northwestern right of way line of Mill Street South 56 degrees 50 minutes West 150 feet; thence North 33 degrees 20 minutes West 100 feet; thence North 56 degrees 50 minutes East 150 feet to the southwestern right of way line of "E" Street; thence along and with the southeastern right of way line of "E" Street South 33 degrees 20 minutes East 100 feet to the point of beginning. This conveyance is made subject to all applicable easements appearing of record. This TRACT THREE is that same property as that described in Book 798, at Page 561, in the Office of the Register of Deeds of Craven County. TRACT 4: A tract of land located in Number Two Township, Craven County, North Carolina, cast of the Town of Bridgeton; bounded, now or formerly, as follows: North by the land of Harry Stewart, East by State Road No. 1600, South by the lands of Jason A. Moms, West by the lands of International Paper Company and U.S. Highway # 17, and on both sides of the Pamlico -Oriental Railroad (now Norfolk -Southern Railroad), more particularly described as follows: Beginning at the intersection of the centerline of State Road No. 1600 (Half Moon Road) with the centerline of Norfolk -Southern Railroad, and from this beginning running thence along and with the centerline of State Road 91600 South 50 degrees 50 minutes East 182.3 feet; thence continuing South 53 degrees 13 minutes East 168.2 feet; thence South 34 degrees 45 minutes West 191.5 feet; thence South 55 degrees 50 minutes East 198 feet; thence North 34 degrees 45 minutes East 198 feet to the centerline of State Road #1600; thence along and with the centerline of State Road #1600 South 59 degrees 20 minutes East 279.7 feet and South 58 degrees 45 minutes East 21.7 feet to a new comer; thence South 40 degrees 30 minutes West 440 feet to a new comer; thence South 44 degrees 30 minutes East 560 feet to a new comer; thence South 56 degrees 50 minutes west to and with a ditch 2345 feet, more or less, to the southeastern comer of a lot of land formerly owned by Lavina Roberts; thence North t4 degrees 55 minutes West 600 feet to a corner; thence South 56 degrees 50 minutes West 1476 feet to a corner; thence North 14 degrees 55 minutes West 1225.3 feet to the center of the (now Norfolk-Southem Railroad); thence North 57 degrees 05 mil IIIII'IIIIIIIIIIIIIIIIIIIIIIIIIIIOIIIIIIIIIIIIuIIIIIIIIlOIIIIIIIIIIuIIIIII North 33 degrees 45 minutes West 924 feet to a corner; thence Sc1maae ID: 000001009393 Type: CRP (j feet to the centerline of the Norfolk-Southem Railroad; thence rl^ pG pD66 age 10 or 15 aK railroad North 14 degrees 26 minutes West 70.2 feet, North 15 deg 24OJ orl-fsI\SanlcyHM4227I 02\724/06\I 1:49:00Ah1\77214.010600 8 15 degrees 51 minutes West 286.7 feet and North 15 degrees 51 minutes West 80.1 feet to a comer; thence North 57 degrees 05 minutes East 2340.8 feet along the Harry Stewart line to a comer; thence South 61 degrees 40 minutes East 147.5 feet to a corner; thence North 34 degrees 10 minutes East 103 feet to a comer; thence South 55 degrees 35 minutes East 973.5 feet; thence South 40 degrees 20 minutes East 313.5 feet; thence North 86 degrees 46 minutes East 998.4 feet to the point of beginning. EXCEPTING from Tract 4 only the following parcels which were previously subdivided from Tract 4. Parcel 1: Beginning at a point which is located the following courses and distances from an iron axle at the Northwestern comer of said Tract No. Two indicated in said Book 537, Page 550; South 74 degrees 50 minutes West 49.85 feet to the centerline of the Norfolk -Southern Railroad, South 15 degrees 10 minutes East 96.1 feet along the centerline of said railroad, North 70 degrees 20 minutes East 183 feet, North 64 degrees 07 minutes East 475 feet, North 60 degrees 14 minutes East 243 feet, South 35 degrees 45 minutes East 245.3 feet, South 45 degrees 23 minutes East 180 feet and North 57 degrees 29 minutes East 341.5 feet to the place of beginning; thence South 36 degrees 10 minutes East 277.5 feet; thence North 57 degrees 20 minutes East 158 feet; thence North 32 degrees 40 minutes West 287 feet to an iron stake at the point of intersection of the centerline of a ditch; thence South 57 degrees 45 minutes West 175.62 feet along the centerline of said ditch; thence South 36 degrees 10 minutes East I I feet to the point of beginning, containing 1.11 acres. Parcel 2: A right of way and easement of ingress, egress, and regress over, upon and across; a roadway 22 feet in width, I 1 feet each side of the centerline hereinafter described, the centerline of said roadway being described as follows: Beginning at the intersection of the centerline of the Norfolk -Southern Railroad with the centerline of a road 22 feet in width, said point being located South 15 degrees 51 minutes East 80.1 feet from the intersection of the centerline of the Norfolk -Southern Railroad with a northwestern comer of the Jason Morris Farms, Inc. land, at a comer common with the southwestem comer of the Harry Stewart land, and from this beginning point running thence along and with the centerline of said road, 22 feet in width, North 70 degrees 20 minutes East 183 feet; North 64 degrees 07 minutes East 475 feet; North 60 degrees 14 minutes East 243 feet to a comer, thence South 35 degrees 45 minutes East 245.3 feet; thence South 45 degrees 23 minutes East 180 feet to a comer; thence North 57 degrees 29 minutes East 341.5 feet to the southwestem line of the 1.11 acre lot of land hereinabove described. Parcel 3: Beginning at the southwestern end of a ditch which point is located as follows: BEGINNING at the intersection of the centerline of the Norfolk -Southern Railroad at a northwestern corner of the Jason Mortis Farms, Inc, land, a corner common with the southwestem corner of the Harry Stewart land and running thence South 15 degrees 51 minutes East 80.1 feet to the intersection of the centerline of Norfolk - Southern Railroad with the centerline of a road; thence along and with the centerline of said road North 70 degrees 20 minutes East 183 feet; thence continuing along the centerline of said road Narth 64 degrees 07 minutes East 475 feet; thence continuing along the centerline of said road North 60 degrees 14 minutes East 243 feet to a point in the center of a road intersection; (the courses hereinabove being magnetic for 1956 and the courses hereinafter being magnetic for 1970); thence North 39 degrees 55 minutes West 57.5 feet to a corner in said road; thence North 58 degrees 16 minutes East 192.5 feet; thence North 45 degrees 41 minutes East 76.59 feet to a corner; thence South 32 degrees 35 minutes East I feet to the beginning point of the tract of land hereinabove described. From this beginning point running thence North 32 degrees 35 minutes West 122.9 feet to a point in the northwestern line of the Jason Morris Farms, Inc. land and the southeastern line of the Harry Stewart land; thence North 56 degrees 55 minutes East feet to a comer, thence South degrees 1 minutes Ea - thence along and with said ditch South 59 de degrees 25 minutes West containing 0.9 acres, more or less. Image ID: 0000010093114 Tvpe: CRP Rage IS of 15 orl-fsI\BartleyH\442271v02\724/06\I 1:49:OOAM\77214.010600 9 BK2485 PG6 0 Parcel 4: Also less and except a right of way and easement of ingress, egress and regress over, and upon and across a roadway 22 feet in width, l l feet each side of the centerline hereinafter described, the centerline of said roadway being described as follows: Beginning at the intersection of the centerline of the Norfolk-Southem Railroad with the centerline of a road 22 feet in width, said point of being located South 15 degrees 51 minutes East 80.1 feet from the intersection of the centerline of the Norfolk-Southem Railroad with a northwestern corner of the Jason Morris Farms, Inc. land, at a comer common with the Southwestern comer of the Harry Stewart land, and from this beginning point running thence along and with the centerline of said road, 22 feet in width, North 70 degrees 20 minutes East 183 feet; North 64 degrees 07 minutes East 475 feet; North 60 degrees 14 minutes East 243 feet to a corner; (the Foregoing courses being magnetic for 1956 and the courses hereinafter being magnetic for 1970); thence North 39 degrees 55 minutes West 57.5 feet to a comer in said road; thence North 58 degrees 16 minutes East 192.5 feet and North 45 degrees 41 minutes East 76.59 feet to the southwestern line of the 0.9 acre lot or land hereinabove described. Parcel 5: The southwestern half of the right of way of State Road No. 1600 (Half Moon Road), 30 feet in width. This TRACT 4 being the same property as that described in Book 793, at Page 564, in the office of the Register of Deeds of Craven County. TRACT 5: All that certain tract or parcel of land lying and being situate in Number 2 Township, Craven County, North Carolina and being all of the property described in the deed recorded in Book 1233 at Page 338 , Craven County Registry, and being more particularly described as follows: Beginning at the Northwest corner of the property described in the deed recorded in Book 1861 at page 502, Craven County Registry, said point being the southwest comer of the property described in the deed recorded in Book 1236 at page 315, Craven County Registry. THENCE FROM T1HS POINT OF BEGINNING SO LOCATED, running North 14° 55' 00" West 296.17 feet to a point; 'THENCE, North 56' 50' 00" East 1476 feet to a point; THENCE, South 14° 50' 00" East 300.00 feet to a point; THENCE, South 56' 58' 29" West 1474.80 feet to the point and place of beginning. TRACT 6: All that certain tract or parcel of land lying and being situate in Number 2 Township, Craven County, North Carolina and being all of the property described in the deed recorded in Book 986 at Page 485, Craven County Registry, and being more particularly described as follows: Beginning at a point which is located North 140 55' 00" West 296.17 feet from the Northwest comer of the property described in the deed recorded in Book 1861 at page 502, Craven County Registry. THENCE FROM THIS POINT OF BEGINNING SO LOCATED, running North 14' 55' 00" West 299.62 feet to a point; THENCE, North 56' 49' 09" East 1476.12 feet to a point; THENCE, South 14' 50' 00" East 300.00 feet to a point; THENCE, South 56' 50' 00" West 1476.00 feet to the point and place of beginning. TOGETHER WITH a non-exclusive right-of-way and access easement to and from Pine Street as reserved in that certain Deed dated September 13, 1989, and recorded in Book 1233, Page 342, Craven County Registry, North Carolina. IIIIIIIII11IIII11INIIIIIIIIIIIIIIIIIIII�IIIIIIIIII�IIIIIII�IIIIIIIIIIIIIII Image ID: 000001009395 Type: CRP Page 12 of 15 13K2485 PD671 or1-&1\13m 11cyH\44227I v02\724/06\11:49:00AN1\77214.010600 10 Also being described as: Beginning at a point in the eastern right of way line of the Norfolk and Southern Railroad, which point is located North 84' 49' 44" East 178.85 feet from NCGS monument "MORRIS 1981". THENCE FROM THIS POINT OF BEGINNING SO LOCATED, running along and with the property of Harry Theodore Stewart and wife, Mildred Mae Stewart, North 510 19' 18" East 1077.71 feet to a point; thence South 370 52' 30" East 132.50 feet to a point; thence North 53° 36' 56" East 302.21 feet to a point; thence North 31° 40' 39" West 145.67 feet to a point; thence North 51' 19' 18" East 896.60 feet to a point; thence South 700 16' 36" East 27.39 feet; thence South 70' 00' 14" East 110.20 feet to a point; thence: North 28' 28' 42" East 116.20 feet to a point; thence South 60' 10' 14' East 503.14 feet; South 48' 08' 36" East 76.64 feet to a point; thence South 63' 08' 48" East 471.86 feet to a point; thence South 41 59' 28" East 156.66 feet to a point; thence South 490 09' 02" East 156.61 feet to a point; thence North 78° 16' 03" East 891.12 feet to a point in the western right of way of NCSR 1600 (Half Moon Road); thence along and with said right of way line South 57' 23' 47" East 235.51 feet to a point; thence South 59' 06' 46" East 141.52 feet to a point; thence South 29° 21' 15" West 158.31 feet to a point; thence South 61' 42' 00" East 199.70 feet to a point; thence South 41' 36' 25" East 346.65 feet to a point; thence South 58' 29' 02" East 596.56 feet to a point; thence South 34° 22' 37" West 207.07 feet to a point in a ditch; thence along and with the centerline of said ditch South 50' 19' 44" East 1974.69 feet to a point; thence South 51' 00' 3 1 " West 4424.34 feet to a point; thence North 39' 24' 56" West 600.00 feet to a point; thence South 50' 45' 04" West 273.08 feet; thence South 500 47' 24" West 485.42 feet to a point; thence South 390 12' 27" East 100.00 feet; thence South 500 47' 24" West 152.27 feet; thence South 39' 02' 30" East 5.80 feet; thence South 50' 57' 30" West 34.00 feet to a point; thence North 38' 56' 46" West 328.67 feet to a point; thence North 501 48' 48" East 251.14 feet to a point; North 39' 02' 31 West 170.01 feet to a point; North 500 48' 29" East 258.60 feet to a point; thence North 38' 02' 15" West 455.49 feet; thence South 50' 39' 29" West 313,67 feet; thence North 391 36' 47" West 210.01 feet to a point; thence North 50° 36' 49" East 75.69 feet to a point; thence North 39' 13' 35" West 230.75 feet to a point; thence North 500 57, 04" East 499.20 feet to a point; thence North 39° 05' 12" West 281.19 feet to a point; thence North 50° 51' 12" East 302.91 feet to a point; thence North 39' 08' 34" West 705.83 feet; thence North 390 08' 30" West 59.70 feet to a point; thence South 51' 04' 22" West 49.62 feet to a point; thence North 390 04' 50" West 131.90 feet to a point; thence North 47' 24' 41" East 66.54 feet to a point; thence North 28' 05' 46" West 657.77 feet to a point in the southern right of way of the Norfolk and Southern Railroad; thence along and with said right of way line North 510 11' 49" East 478.87 feet to a point; thence North 20' 47' 29" West 52.78 feet to a point in the centerline of said railroad right of way; thence North 51' 11' 07" East 50.70 feet; thence North 390 37' 57" West 924.00 feet; thence South 51 ° 23' 15" West 710.84 feet to a point in the Norfolk and Southern Railroad right of way; thence along and with said right of way North 26' 46' 43" West 148.97 feet to a point; thence North 21 ° 41' 20" West 463.38 feet to the point and place of beginning. TOGETELER WITH a non-exclusive right-of-way and access easement to and from Pine Street as reserved in that certain Deed dated September 13, 1989, and recorded in Book 1233, Page 342, Craven County Registry, North Carolina. SAVING AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS: Parcel 1: Beginning at a point which is located the following courses and distances from an iron axle at the Northwestern comer of said Tract No. Two indicated in said Book 537, Page 550; South 74 degrees 50 minutes West 49.85 feet to the centerline of the Norfolk - Southern Railroad, South IS degrees 10 minutes East 96.1 Illlllllllllllnllllllllllllllllllllllllllllllullllllllllllnllllllllllllll said railroad, North 70 degrees 20 minutes East 183 feet, II East 475 feet, North 60 degrees 14 minutes East 243 feet, Ime9e to: 000001009396 Type: CRP East 245.3 feet, South 45 degrees 23 minutes East 180 f Page 13 of 16 SK2485 Po67;? orl•rs n3aalcyRA42271v02\7124/06\11:49:00ANN7214.010600 I I minutes East 341.5 feet to the place of beginning; thence South 36 degrees 10 minutes East 277.5 feet; thence North 57 degrees 20 minutes East 158 feet; thence North 32 degrees 40 minutes West 287 feet to an iron stake at the point of intersection of the centerline of a ditch; thence South 57 degrees 45 minutes West 175.62 feet along the centerline of said ditch; thence South 36 degrees 10 minutes East I feet to the point of beginning, containing 1.11 acres. Parcel 2: A right of way and easement of ingress, egress, and regress over, upon and across a roadway 22 feet in width, 11 feet each side of the centerline hereinafter described, the centerline of said roadway being described as follows: Beginning at the intersection of the centerline of the Norfolk -Southern Railroad with the centerline of a road 22 feet in width, said point being located South 15 degrees 51 minutes East 80.1 feet from the intersection of the centerline of the Norfolk-Southem Railroad with a northwestern comer of the Jason Morris Farms, Inc. land, at a comer common with the southwestern comer of the Harry Stewart land, and from this beginning point running thence along and with the centerline of said road, 22 feet in width, North 70 degrees 20 minutes East 183 feet; North 64 degrees 07 minutes East 475 feet; North 60 degrees 14 minutes East 243 feet to a comer; thence South 35 degrees 45 minutes East 245.3 feet; thence South 45 degrees 23 minutes East 180 feet to a corner; thence North 57 degrees 29 minutes East 341.5 feet to the southwestern line of the 1.11 acre lot of land hereinabove described. Parcel 3: Also less and except a right of way and easement of ingress, egress and regress over, and upon and across a roadway 22 feet in width, I feet each side of the centerline hereinafter described, the centerline of said roadway being described as follows: Beginning at the intersection of the centerline of the Norfolk-Southem Railroad with the centerline of a road 22 feet in width, said point of being located South 15 degrees 51 minutes East 80.1 feet from the intersection of the centerline of the Norfolk-Southem Railroad with a northwestern corner of the Jason Morris Farms, Inc. land, at a. comer common with the Southwestern comer of the Harry Stewart land, and from this beginning point running thence along and with the centerline of said road, 22 feet in width, North 70 degrees 20 minutes East 183 feet; North 64 degrees 07 minutes East 475 feet; North 60 degrees 14 minutes East 243 feet to a corner; (the Foregoing courses being magnetic for 1956 and the courses hereinafter being magnetic for 1970); thence North 39 degrees 55 minutes West 57.5 feet to a corner in said road; thence North 58 degrees 16 minutes East 192.5 feet and North 45 degrees 41 minutes East 76.59 feet to the southwestern line of the 0.9 acre lot or land hereinabove described. Parcel 4: Commencing at an existing iron pipe at the northernmost comer of Thomas Ray Gaskins, Deed Book 1303, Page 857, Craven County Registry, thence North 60 degrees 54 minutes 26 seconds East 303.29 feet to the true point of BEGINNING, thence a new line North 52 degrees 51 minutes 43 seconds East 70.00 feet to a point, thence a new line South 37 degrees 08 minutes 17 seconds E 70.00 feet to a point, thence a new line South 52 degrees 51 minutes 43 seconds West 70.00 feet to a point, thence a new line North 37 degrees 08 minutes 17 seconds West 70.00 feet to the point and place of BEGINNING, being a portion of Jason A. Morris, Deed Book 965. Paae 817. Craven County Registry, and containing 011 acres, more or less. IIIIIIIIIIIuIIIIIIIIIIIIIIIuIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ImaAa ID: 000001OC9397 Type: CRP Page 14 of IS orl-fsl\BartleyM442271v02\7R4106111:49:00AM\77214,010600 12 6N24�+R 5 PO Page .0 AND an access easement to the above described parcel as follows: Commencing at an existing iron pipe at the easternmost corner of Thomas Ray Gaskins, Deed Book 1303, Page 857, Craven County Registry, said point being at the end of the northwestem right- of-way of Pine Street, Plat Book 10, Page 103, thence along the end line of Pine Street South 44 degrees 37 minutes 07 seconds East 29.90 feet to the true point of BEGINNING, thence along the centerline of a new 20 foot access easement the fallowing courses, North 57 degrees 41 minutes I seconds East 336.04 feet, thence North 37 degrees 08 minutes 17 seconds West 77.85 feet to a point on the southeastern line of the Sprint Cellular Lease Lot, said point being South 52 degrees 51 minutes 43 seconds West 28.00 feet from the easternmost comer of said lot, being a portion of Jason A. Moms, Deed Book 965, Page 817, Craven County Registry and containing 0.19 acres, more or less. The Property is conveyed subject to the right of way of the Norfolk and Southern Railroad. I IIIIIII �IIII III IIIII II� III III�IIIII�Iulllll IIIIIIIIII Ilul IIIIIIIIIIIII Image ID: 0000010093998 TVPB: CRP page 15 15 BK2485 PG674 ort-fs nBontoytn4422n vOM/24ioat 1:49:DDAM71214.015600 13