HomeMy WebLinkAbout20221595 Ver 1_ePCN Application_20221108DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
9/6/2022
BIMS # Assigned* Version#*
20221595 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Zachary Thomas:eadstztthomas
Information for Initial Review
la. Name of project:
COURTESY COPY Edgecombe Solar Project
la. Who is the Primary Contact?*
Katie Wanka
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
lb. Primary Contact Email:* lc. Primary Contact Phone:*
kwanka@invenergy.com (312)638-8514
Date Submitted
11/8/2022
Nearest Body of Water
Tar River
Basin
Tar -Pamlico
Water Classification
WS-IV;NSW
Site Coordinates
Latitude: Longitude:
35.932476 -77.676332
A. Processing Information
County (or Counties) where the project is located:
Edgecombe
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 57 - Electric Utility Line and Telecommunications Activities — (frequently used)
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
HC Bourne Family Cox Farm, LLC
2b. Deed book and page no.:
Book 1629 Page 681
2c. Contact Person:
Joel Bourne
2d. Address
Street Address
5021 Canopy Drive
Address Line 2
City
Marietta
Postal / Zip Code
30066
2e. Telephone Number:
(910)616-8264
2g. Email Address: *
jkbourne2@gmail.com
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
GA
Country
USA
2f. Fax Number:
Yes No
Yes No
2a. Name(s) on recorded deed:
Penelo LLC
2b. Deed book and page no.:
Book 1688 Page 711
2c. Contact Person:
2d. Address
Street Address
1000 South Howard Circle
Address Line 2
City
Tarboro
Postal / Zip Code
27886
2e. Telephone Number:
(910)616-8264
2g. Email Address: *
jkbourne2@gmail.com
2a. Name(s) on recorded deed:
Brake Farms Inc.
2b. Deed book and page no.:
Book 1489 Page 458
2c. Contact Person:
2d. Address
Street Address
8400 Waynesboro Ct.
Address Line 2
City
Raleigh
Postal / Zip Code
27615
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
(919)601-3233
2g. Email Address: *
msb2ral@yahoo.com
3. Applicant Information (if different from owner)
3a. Name:
Katie Wanka
3b. Business Name:
Edgecombe Solar LLC
3c. Address
Street Address
One South Wacker Drive
Address Line 2
Suite 1800
City
Chicago
Postal / Zip Code
60606
3d. Telephone Number:
(312)638-8514
3f. Email Address: *
kwanka@invenergy.com
4. Agent/Consultant (if applicable)
4a. Name:
Heather McFeeters
State / Province / Region
IL
Country
USA
3e. Fax Number:
4b. Business Name:
SWCA Environmental Consultants
4c. Address
Street Address
113 Edinburgh South Drive
Address Line 2
Suite 120
City
Cary
Postal / Zip Code
27511
4d. Telephone Number:
(919)292-2200
4f. Email Address: *
hmcfeeters@swca.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Rocky Mount
2. Project Identification
2a. Property Identification Number:
3799-09-3094; 3890-40-0870; 3890-63-5753
2c. Project Address
Street Address
US 64 Alt Highway
Address Line 2
City
Rocky Mount
Postal / Zip Code
27801
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Tar River
3b. Water Resources Classification of nearest receiving water: *
WS-IV;NSW
3c. What river basin(s) is your project located in?*
Tar -Pamlico
3d. Please provide the 12-digit HUC in which the project is located.
030201010903, 030201010904
4. Project Description and History
2b. Property size:
851
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
Land use with the project area is predominantly agricultural with the dominant crops being soybean, cotton and peanuts. Land use in the project vicinity is also predominantly agricultural in
nature. The ROW for a transmission connection line between the solar generation facility and substation crosses the Tar River. A Section 10 Permit approval was issued for the HDD
crossing on March 8, 2019 (SAW-2018-00694). Due to project delays and supply chain issues, construction of the HDD is planned for 2024. The Project has been designed to avoid
impacts to wetlands, streams, and the NC DWR regulated Tar -Pamlico riparian buffer.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2018-00694
4f. List the total estimated acreage of all existing wetlands on the property:
59.1
4g. List the total estimated linear feet of all existing streams on the property:
Intermittent: 826.1 If; Perennial: 2,396.5 If; JD Man -Made Ditch: 6,925.9 If
4h. Explain the purpose of the proposed project:*
The proposed Project will consist of a transmission collection line HDD crossing under a Section 10 water to connect a solar generation facility to the associated substation.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Boring installation shall consist of three (3) separate trenches, 10 feet apart, with a triangular triplex cable configuration. The installation will occur a minimum of 10 feet beneath the Tar
River bed with an 8-inch HDPE SDR-13.5 casing pipe.
Entrance and exit pits shall be installed with a pilot hole drilled according to the design drawings. Next, a reamer follows to enlarge the drill path. Lastly, the casing pipe shall be pulled
behind the reamer to center its path from entry to exit.
Appropriate erosion and sediment control best management practices (BMPs) will be implemented, and an HDD frac-out contingency plan will be developed for the Project. No indirect
impacts are anticipated by the proposed Project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Heather McFeeters
SWCA Environmental Consultants
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Buffers
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project has been sited to avoid impacts to all potentially jurisdictional wetlands, streams, and the NC DWR regulated Tar -Pamlico River riparian
buffer. The total proposed bore length will be approximately 615 feet and has been designed to minimize disturbance within the floodplain while also
providing appropriate angles to achieve a conduit depth of 10 feet (minimum) feet below the riverbed.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Stormwater and erosion and sediment control plans are being developed in coordination with the county. No construction activities will be conducted
prior to approval and implementation of these plans. No direct discharge will be permitted within the Tar -Pamlico buffer, diffuse flow stormwater
discharge will be required prior to stormwater entering the Tar -Pamlico buffer.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
No impacts are proposed to WOTUS.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
Proposed project is not a phased development, no future development for this project is anticipated.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Edgecombe Solar LLC and SWCA met with representatives from USFWS and NCWRC in February 2018 to discuss the potential for federally listed
species and their habitat that may be present in the Project Area. As a result of this coordination, the Project design includes a HDD crossing of the Tar
River, at a minimum depth of 10 ft below the bottom of the riverbed, and a 200-foot buffer from the top -of -bank to avoid potential impacts to federally
listed aquatic species that may be present within the river. Edgecombe Solar LLC and SWCA met with representatives from USFWS in July 2022 to
review the design and the avoidance and minimization measures the Project will implement. USFWS concurred with the project design.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
66. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
https://www.habitat.noaa.gov/protection/efh/efhmapper/
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SWCA undertook consultation with the North Carolina State Historic Preservation Office (SHPO) regarding the project and conducted a Phase I
archaeological survey of the project's limit of disturbance. During the Phase I survey, SWCA identified 30 archaeological sites. Of the 30 sites, 2 sites
(31 ED479 and 31 ED503) were not assessed for National Register of Historic Places (NRHP) eligibility, while the remaining 28 sites were determined by
the SHPO to be not eligibility for listing on the NRHP. The 2 sites (31 ED503 and 31 ED479) that were not assessed are being avoided by all Project
related activities. As such, the SHPO determined that the Project would have no adverse effect on historic properties, as defined by Section 106 of the
National Historic Preservation Act.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
The HDD bore entry and exit pits will be located within the 100-year floodplain; all contours will be returned to original grade in accordance with an
approved erosion and sedimentation control plan. No permanent structures will be placed within the 100-year floodplain.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
20221108_INV Edgecombe Section 10 Submittal.pdf 5.16MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Heather S. McFeeters
Signature
47faawisr. a 59 to
Date
11/8/2022
cif:f;
SWCA
ENVIRONMENTAL CONSULTANTS
as Sound Science. Creative Solutions
November 8, 2022
Billy Standridge
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive
Suite 105
Wake Forest, North Carolina 27587
113 Edin6urgh South Drive
Suite 120
Cary, North Carolina 27511
Tel 919.292.7200
www.swcaXom
Re: Edgecombe Solar Project, Edgecombe County, North Carolina
Section 10 Permit Pre -Construction Notification
Dear Mr. Standridge:
On behalf of Edgecombe Solar LLC (applicant), SWCA Environmental Consultants (SWCA; agent) respectfully
submits the electronic pre -construction notification (PCN) to the U.S. Army Corps of Engineers (USACE) relative to
a crossing of the Section 10 waterbody Tar River for construction activities associated with the proposed
Edgecombe Solar Project (Project). The applicant proposes to cross the Tar River via a horizontal directional drill
(HDD) under the riverbed to place conduit for a connection transmission line between a proposed solar generation
facility and substation.
A Section 10 Permit authorizing the HDD beneath the Tar River was initially issued on March 8, 2019 (SAW-2018-
006694; expiration date March 18, 2022), with an on -site pre -application meeting with the USACE on April 10,
2018, to review the proposed crossing (USACE regulatory official Samantha Dailey). Limited construction activities
commenced in 2019; however, due to project delays and supply chain issues construction of the HDD is planned
for early 2024. Consequently, it is anticipated that a new Section 10 Permit will be required prior to the start of
construction on the HDD. The Project design completed to date has not changed since issuance of the initial
Section 10 Permit. The HDD will be installed with a minimum 10 feet clearance below the riverbed. Upon
completion of the HDD the conduit will be capped at either end until the connecting collection lines are installed,
and the entire area can be backfilled and revegetated.
Additionally, Edgecombe Solar LLC met with the USFWS Eastern North Carolina Ecological Services on February
28, 2018 and on July 25, 2022 to provide Project updates and review these design components. The Project
design incorporates a 200-foot setback from the Tar River's top -of -banks to avoid potential impacts to federally
listed species which may be present in the Tar River.
Should you have any questions or require any further documentation, please contact me at 724.344.6194 or
hmcfeeters@swca.com
Sincerely,
iAa&WN M�Zbv,�-
Heather McFeeters
Natural Resources Project Manager
2168
SWCA
ENVIRONMENTAL CONSULTANTS
2136 Sound Science. Creative Solutions
113 Edin6urgh South Drive
Suite 120
Cary, North Carolina 27511
Tel 919.292.2200
www.swco.com
cc: John Aquilino, Edgecombe Solar LLC
Katie Wanka, Edgecombe Solar LLC
Attachment A: Pre -Construction Notification (Electronically Submitted)
Attachment B: Site Figures
Attachment C: Plan and Profile Exhibits for HDD under Section 10 Waters
Attachment D: Deeds
Attachment E: Phase I Archaeological Survey and Phase II Archaeological Evaluation Concurrence
SWCA I Edgecombe Solar Project
Section 10 Permit Application
Attachment A
Pre -Construction Notification (Electronically Submitted)
SWCA I Edgecombe Solar Project
Section 10 Permit Application
Attachment B
Site Figures
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Section 10 Permit Application
Attachment C
Plan and Profile Exhibits for HDD under Section 10 Waters
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Section 10 Permit Application
Attachment D
Deeds
Page 1 of 4
790K.1 6 2 9 PAN 6 8 1-
1 lllllll 111111 111 111111111i lull lull II411Illll lull lull loll lull lull Illl llll
Doc ID: o03029840004 TVP9: CRP
Recorded: o5/11/2015 at 03;42:01 PM
Fee "' $26.00 , NORTH Cof AROLIN
EDGEcoMBE COUNTY, Q
BKb1629 PG6Vin w Carpenter e156r of D ds
This certifies that there are no delinquent ad valorem
real estate taxes, which The Edgecombe County Tax
Collector is charged with collecting, that are a lien on
Pin No. 3789-33-6278-00,3789-44-9993-00,
and 3789-61-9923-00
This is not a certification that this Edgecombe County
T De artment Pin No. Matches this Deed description.
]Q � Date wkwnv�
Tax dollector, Talc Assistant
Prepared by MAHLON W. DeLOATCH, JR.
DeLOATCH, HINTON & PETERS, PLLC Attorneys at Law
Post Office Drawer 308, Tarboro, N.C. 27886
TITLE NOT EXAMINED BY PRE PARER
This property does not include the Grantor's primary residence.
NORTH CAROLINA
EDGECOMBE COUNTY
THIS DEED, made and entered into this � K _ day of &.41 2015 by and
between HENRY C. BOURNE, III as Trustee of the Henry C. Bourne, Jr. Family Trust, dated July
1, 1993, 84 W. Cedar Avenue, Denver, CO 80223, and HC BOURNE FAMILY COX FARM,
LLC, 5021 Canopy Drive, Marietta, GA 30066, Grantee;
WITNESSETH:
THAT the Grantor, in consideration of Ten Dollars and other valuable consideration to him
in band paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold,
and by these presents does grant, bargain, sell and convey to said Grantee, its successors and
assigns, the following described real estate situate in Number One Township, Edgecombe County,
North Carolina, to -wit:
Page 2 of 4
B011 629 PAGE0682
Those certain tracts or parcels of land in No. 12 Township, Edgecombe County, North
Carolina, North Carolina, situate on both sides of U. S. Highway 64 from Tarboro to Rocky
Mount, being Tract No. 1, containing 597.6 acres and Tract No. 1A containing 564.3 acres, as
shown on map entitled "Panelo Plantation or "Cox Farm", Map of a Portion of Henry C. Bourne,
Sr., Estate Land, No. 12 Township, Edgecombe County, North Carolina, Survey By: Jesse Webb
& Rick Kemp, Drawn By: Jesse Webb, supervised by: Irvin A. Staton, R.L.S., L-1295, Tarboro, N.
Carolina, Dated: December 21, 1977, Scale: 1" = 1320', Staton and Associates, Surveyors,
Tarboro, N. Carolina", which map is recorded in Plat Cabinet 1, Slide 46B, in the office of Register
of Deeds of Edgecombe County, reference is also made to deed dated September 30, 1977 from
Joel K. Bourne, Trustee under the Will of Henry C. Bourne, deceased, to Henry C. Bourne, Jr.,
June B. Long and Joel K. Bourne, recorded in Book 872, Page 152, of the Edgecombe County
Registry.
Together with all riparian rights to Tar River which flows along the northern boundary of
Penelo Plantation, including the right to transport and use the water from said river for the
irrigation of cropland and any other lawful purpose not inconsistent with similar rights of other
adjoining property owners.
Together with one -thud of all crop allotments and poundage assigned to Farm Serial No.
A20 by the ASCS Committee of Edgecombe County.
Also transferred herein are any rights or interests Henry C. Bourne, Jr. had in a certain
Easement from June B. Long, et al, at Deed Book 1095, Page 132, Edgecombe County, North
Carolina records, said Easements being incorporated herein by reference, and made a part hereof.
AND BEING the identical property conveyed by Henry C. Bourne, Jr. to Henry C. Bourne,
Jr. and Margaret T. Bourne as Trustees of the Henry C. Bourne, Jr. Family Trust, dated July 1,
1993 and recorded in Book 1105, Page 709, Edgecombe Public Registry and Correction Deed
from Henry C. Bourne, Jr. and wife Margaret T. Bourne to Henry C. Bourne, Jr. and Margaret T.
Bourne as Trustees of the Henry C. Bourne Family Trust recorded in Book 1212, Page 324,
Edgecombe Public Registry.
LESS AND EXCEPT the following tracts or parcels of land:
1. Deed of easement to the Department of Transportation recorded in Book 917, Page
873 of the Edgecombe County Public Registry,
2. Deed of easement to the Department of Transportation recorded in Book 917, Page
876 of the Edgecombe County Public Registry.
3. Deed to John Gregory Pittman recorded in Book 973, Page 24 of the Edgecombe
County Public Registry.
4. Deed to Vernon D. Holder and wife, Pauline H. Holder recorded in Book 1006,
Page 542 of the Edgecombe County Public Registry.
Page 3 of 4
6 2 9 AND 6 8 3
5. Deed to John Gregory Pittman recorded in Book 1016, Page 546 of the Edgecombe
County Public Registry:
6. Deed to Allen Wayne Wilson and wife, Jennifer W. Wilson recorded in Book 1041,
Page 567 of the Edgecombe County Public Registry.
7. Deed to John Gregory Pittman and Scarlett J. Pittman recorded in Book 1212, Page
731 of the Edgecombe County Public Registry.
8. Deed to Robert L. Brown and wife, Jeanette W. Brown recorded in Book 1218,
Page 732 of the Edgecombe County Public Registry.
9. Deed to Edgecombe County recorded in Book 1240, Page 120 of the Edgecombe
County Public Registry.
10. Deed to Edgecombe County Water and Sewer District No. 1, recorded in Book
1264, Page 952 of the Edgecombe County Public Registry.
11. Easement with John G. Pittman and Scarlett J. Pittman recorded in Book 1422,
Page 621 of the Edgecombe County Public Registry.
12. Deed to Paulette A. H. Coke -Wilford recorded in Book 1488, Page 1072 of the
Edgecombe County Public Registry.
TO HAVE AND TO HOLD said land, together with all privileges and appurtenances
thereunto belonging to them, the said Grantee its successors and assigns in fee simple forever.
IN WITNESS WHEREOF said Grantor has hereunto set his hand and adopted as his seal
the typewritten word "(Seal)" appearing beside his name, the day and year first above written.
,�)�j C� -T- l*`.evs�I�SEAL)
HENRY Ct BOURNE, III, TRUSTEE OF THE
HENRY C. BOURNE, JR. FAMILY TRUST
Page 4 of 4
OR] 629 NO684
STATE OF COLORADO
COUNTY OF 11 n ifs 1
I, AY-\(G 5L,2ZP ( _, a duly commissioned and qualified Notary
Public in and for said County and State, do hereby certify that HENRY C. BOURNE, III Trustee of
the Henry C. Bourne, Jr. Family Trust, personally appeared before me this day and acknowledged
the due execution of the foregoing insti ent.
My commission expires: ZZ Z C)
Witness my hand and Notarial 8eal, this the 7 LL--nay of W! FC 12015,
(Notarial Seal)
ANNA FRAZER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 A 2DI24054092
MY COMMISSION EXPIRES AUGUST 22, 2016
11 iin !. L .Lu
MaryPublic- •
Page 1 of 17
' a� 1 688 Pflt0711
Doc ID: 003297080017 Type: CRP
1 Recorded: 12/19/2018 at 04:30:12 PM
Fee Amt: $34.00 Page 1 of 17
EDGECOMBE COUNTY NORTH CAROLINA
Robin H. Braswell Register of D ds
BK1688 PG711-72
i
Prepared by J. CHAD HINTON
DeLOATCH, HINTON & PETERS, PLLC, Attorneys at Law
Post Office Drawer 308, Tarboro, N.C. 27886
TITLE NOT EXAMINED BY PREPARER
This certifies that there are no delinquent ad valorem
real estate taxes, which The Edgecombe County Tax
Collector is charged with collecting, that are a lien on
Pin Nos. 3799-71-0023-00; 4810-09-3848=00; 3799-69-9076-003
3799-78-2594-00 3799-77-4842-00 3799-77-2387=00•
3799-77-7402-00;3799-77-6882-00.4810=1.6-2409-000,and 3799-58-0724.00.
This is not a certification that this Edgecombe County
'Fax De partm Pin No. Matches this Deed description.
�_Date p -
Tax Collector, Tax Assistant
This property does not include Grantors' primary residence.
NORTH CAROL,INA )
DEED
EDGECOMBE COUNTY )
TIIIS DEED, made this the (� day of November, 2018, by the BOURNE_, FAMILY
LIMITED PARTNERSHIP, a North Carolina family limited partnership, consisting of JOEL K.
BOURNE, JR. and WILLIAM R. BOURNE, General Partners, 1000 S. Howard Circle,
Tarboro, NC 27886, and WILLIAM R. BOURNE and wife, MEREDITH C. BOURNE, 1000
S. Howard Circle, Tarboro, NC 27886, and JOEL K. BOURNE,, JR. and wife, KELLY ANNE
STRYKER, 134 Point Drive, Wilmington, NC 28411, herein referred to as "Grantors" to
PENELO, LLC, a North Carolina limited liability company, 1000 S. Howard Circle, Tarboro,
NC 27886, herein referred to as "Grantee";
Page 2 of 17
1. 002K 16 8 8 'PAGE 0 7 12
WITNESSETH:
WHEREAS, the Bourne Family Limited Partnership filed Articles of Conversion with the
North Carolina Secretary of State on July 24, 2018, forming a new company in the name of
Penelo, LLC; and
WHEREAS, upon review of the Bourne Family Limited Partnership title records, it was
discovered there are errors in the legal descriptions in those deeds vesting title in the partnership,
specifically with regard to that portion of the "Cox Farm" which was partially developed as the
"Walnut Branch" subdivision, in that several of the "less and except" parcels were mistakenly
excepted from the wrong base tracts; and
WHEREAS, all of the property purported to be owned by the Bourne Family Limited
Partnership that remains of the "Cox Farm" has been owned by Joel K. Bourne and wife, Edith
W. Bourne, now deceased, and their heirs Joel K. Bourne, Jr. and William R. Bourne, and/or the
Bourne Family Limited Partnership since Mr. and Mrs. Bourne acquired the lands by that certain
division deed recorded in Book 912, Page 466, Edgecombe County Registry; and
WHEREAS, Penelo, LLC has requested Bourne Family Limited Partnership correctly
describe by this conveyance the property transferring from the partnership to the LLC, and has
requested the heirs of Joel K. Bourne and wife, Edith W. Bourne, being the said Joel K. Boume,
Jr. and William R. Bourne, and their spouses, to join in this conveyance to clear any question of
title, and they have all agreed to do so; and
WHEREAS, the Bourne Family Limited Partnership further intends to convey, and by
this deed conveys all of its right, title and interest in real property located in Edgecombe County,
as further described herein below to its successor company Penelo, LLC; and
NOW THEREFORE, the Grantors, for and in consideration of the sum of Ten Dollars
and other valuable consideration in hand paid, have bargained and sold, and by these presents do
grant, bargain, sell and convey to the Grantee, its successors and assigns, all those certain parcels
or tracts of land lying and being situate in Number Seven and Number Twelve Townships,
Edgecombe County, North Carolina, and more particularly described as follows:
PARCEL ONE: EDGECOMBE TAX PARCEL NO. 3799-71-0023-00 "Kingsboro Tract'
All that certain tract or parcel of land located in Number Twelve Township, Edgecombe
County, North Carolina, containing 47.4 acres, more or less, bounded on the north by Seaboard
Coastline Railroad (now CSX Railroad), on the east by Walnut Branch, on the south by the
Bullock land now (or formerly) owned by Harrell and Shugar, and on the west by property
Page 3 of 17
owned (now or formerly) by Ed Astin and wife; said property being that portion of Tract Number
2A located on the south side of the Seaboard Coastline Railroad shown on map entitled "Penelo
Plantation" or "Cox Farm", "Property of Henry C. Bourne, Jr., June Bourne Long and Joel K.
Bourne" by Irvin A. Staton, R.L.S. dated December 21, 1977 recorded in Plat Cabinet 1, Slide
46B, Edgecombe County Registry, and being more specifically described as follows:
BEGINNING at a point located the following course and distance from a point in the
centerline of Kingsboro Road, also known as S.R. 1225, south of its intersection with Seaboard
Coastline Railroad, said point being a common corner between the land of Ed Astin, Joe Brake
and the land of Floyd Harrell and Gilbert Shugar, and being the southernmost point in the Henry
C. Bourne, Sr. Estate Land along S.R. 1225 as shown on the plat recorded in Plat Cabinet 1,
Slide 46B, Edgecombe Public Registry; from said point at the centerline of S.R. 1225, the point
of beginning is located at a point on the north side of a farm path constituting the boundary
between Astin property and Harrell and Shugar property, located South 83' 50' East 2,660 feet
more or less from said point in the centerline of S.R. 1225; from said POINT OF BEGINNING
along and with the line of Ed Astin North 08' 06' East 1,994.21 feet to a point in the centerline
of the Seaboard Coastline Railroad right of way, cornering; thence with the centerline of the
Seaboard Coastline Railroad right of way South 78' 04' East 2,328.17 feet to a point in the
centerline of Walnut Branch, cornering; thence along and with the centerline of Walnut Branch
the following courses and distances: South 10' 00' West 424 feet, South 34' 00' West 82 feet,
and South 01' 30' West 197 feet to a common corner with Floyd Harrell and Gilbert Shugar,
cornering; thence with the line of Harrell and Shugar North 85' 00' West 1,712 feet to a point,
cornering; thence continuing with the Harrell and Shugar line South 03' 00' West 1,037 feet to a
point, cornering; and thence continuing with the Harrell and Shugar line North 83' 50' West 678
feet to a point on the north side of a farm path, a common line between Harrell and Shugar land
and the Ed Astin land, the point and place of BEGINNING; containing approximately 47.4 acres
more or less, and being a part of that property conveyed from Joel K. Bourne, Trustee under the
Will of Henry C. Bourne Deceased, to Henry C. Bourne, Jr., June B. Long and Joel K. Bourne by
instrument recorded in Book 872, Page 153, Edgecombe Public Registry; and being a part of that
property conveyed by Henry C. Bourne, Jr. and wife, and June B. Long and husband, to Joel K.
Bourne by Deed recorded in Book 912, Page 466, Edgecombe Public Registry; together with all
Grantors' rights of ingress and egress along and over the farm path constituting the boundary
between Astin Property and Harrell and Shugar property from S.R. 1225 to the land herein
conveyed as shown on Plat recorded in Plat Cabinet 1, Slide 46B, Edgecombe Public Registry;
subject to the right-of-way easement of Seaboard Coastline Railroad, now CSX, for the land
immediately adjoining the railroad track; and subject also to the right-of-way and conveyance of
a portion of said land for U.S. Highway 64 which crosses the railroad by an overpass and divides
said land so that a portion of it lies to the East and a portion lies to the West of said highway as
will appear on the public records for Edgecombe County. And being the identical property
conveyed from Joel K. Bourne and wife, Edith W. Bourne to William R. Bourne and Joel K.
Bourne, Jr. by deed dated October 3, 1996 and recorded in Book 1175, Page 910, Edgecombe
County Public Registry, reference to which is hereby made for a further and more particular
description. For additional reference, also see deed recorded in Book 1597, Page 1075,
Edgecombe Public Registry.
This property is conveyed SUBJECT TO all utility easements, consumer permits and
Page 4 of 17
'E%K1 6 8 8 PAU 0 7 14
highway rights of way of record, along with ad valorem taxes for 2018 due Edgecombe County
to be paid by Grantee.
PARCEL TWO: EDGECOMBE TAX PARCEL NO. 4810-09-3848-00 "Tree Farm Rd
Tract"
That certain tract of land situate in Number 7 Township, Edgecombe County, North
Carolina, on the Southwest side of S.R. 1254, being more particularly described as follows:
BEGINNING at a point in the center of S.R. 1254, said point being a corner with Tract 8 as
shown on the map hereinafter referred to and said point being North 59 deg. 27 min. 02 sec. East
61.43 feet from an iron found on the southwest side of S.R. 1254 in the line of the Bourne "Bunn
Farm"; from said beginning point running thence South 59 deg. 27 min. 02 sec. West 61.43 feet
to said iron found in the line of the Bourne "Bunn Farm" and continuing with the line of the
Bourne "Bunn Farm" South 66 deg. 22 min. 42 sec. West 534.19 feet to an iron found and North
79 deg. 55 min. 06 sec. West 1,221 feet to an iron in a ditch, corner with Tract 5; thence along
and with said ditch and the line of Tract 5 North 03 deg. 34 min. East 682.34 feet to an iron in
said ditch, corner with Tract 6; thence along and with the line of Tract 6 South 73 deg. 50 min.
15 sec. East 1,612.17 feet to a point in the center of S.R. 1254, said point being in the line of
Tract 8, cornering; thence along and with the line of Tract 8 South 37 deg. 25 min. 31 sec. East
252.87 feet to the point and place of beginning; said tract being Tract 7 containing 21.16 acres
more or less as shown on the map of the Poak Island Farm, Property of Roger E. Sauerbom, Joel
K. Bourne, Joe C. Powell and Vernon Rhodes, Jr., No. 7 Twsp., Edgecombe County, N.C., Dated
July 16, 1985, by R. Lowell Harris, Registered Land Surveyor, to which map reference is made
for further description; and being all of that property conveyed to Joel K. Bourne by deed
recorded in Book 967, Page 599, Edgecombe Public Registry. And being the identical property
conveyed from Joel K. Bourne and wife, Edith W. Bourne to William R. Bourne and Joel K.
Bourne, Jr. by deed dated December 13, 1995 and recorded in Book 1156, Page 947, Edgecombe
County Public Registry, reference to which is hereby made for a further and more particular
description. For additional reference, see deed recorded in Book 1597, Page 1075, Edgecombe
Public Registry.
This property is conveyed SUBJECT TO all utility easements, consumer permits and
highway rights of way of record, along with ad valorem taxes for 2018, due Edgecombe County
to be paid by Grantee.
PARCEL THREE: EDGECOMBE TAX PARCEL NO.: 4810-16-2409-00 "Bunn Farm"
Tract 1: That certain tract or parcel of land in No. 7 Township, Edgecombe County,
North Carolina, situate on the south side of State Road 1253, just south of N.C. Highway 97,
bounded on the North by State Road 1253, and the land of Joe C. Powell, formerly Coleman and
Capps, the land of Henry C. Bourne, Jr., and the land of Don Anderson, formerly J. H. Koonce,
on the East by Don Anderson and the land of Emerson Fountain Heirs, on the South by the Tar
River and on the West by the land of Bill Dail and Joe C. Powell; beginning at a point in the
center of State Road 1253, a corner of the land of Henry C. Bourne, Jr. and also a corner of the
land of Joe C. Powell, said beginning being further referenced by a concrete monument on the
northern side of State Road 1253 in the dividing line between the land of Henry C. Bourne, Jr.
Page 5 of 17
Vt 1 6 8 8 PAGE 0 7 15
and the land of Joe C. Powell, thence from the beginning along and with the center of State Road
1253 in a western direction 528 feet to a point in the center of said road, comering; thence with
the line of Joe C. Powell, through a concrete monument on the southern side of said road 65 feet
from the corner, South 22 deg. 33 min. West 2,189.22 feet to a point in the center of a branch,
formerly marked by a large stone on the northern bank, cornering; thence along and with the
center of a branch, also the line of Bill Dail, in a southerly direction 3,111.3 feet to a point in the
northern bank of the Tar River, thence to the center of said river, cornering, thence along and
with the center of the Tar River, as it flows in the southeasterly direction 5,907 feet, more or less
to a point in the center of said River, cornering; thence to the northeastern bank of the Tar River
where a branch empties into the River, thence along and with the center of the branch, which is
also the line with Emerson Fountain Heirs, in a northeasterly direction 924 feet; thence
continuing with the center of the branch and the Fountain line, North 07 deg. 09 min. East 399.3
feet to a point; thence North 22 deg. 55 min. West 380.16 feet to a point in said branch, just
North of an intersecting ditch, cornering; thence continuing with the line of Emerson Fountain
Heirs, and with the line of Don Anderson, formerly J. H. Koonce, North 05 deg. 55 min. East
2,878.26 feet to a point, cornering; thence North 43 deg. 48 min. West 590.04 feet; North 55 deg.
18 min. West 98.34 feet; North 21 deg. 58 min. West 119.46 feet; North 43 deg. 33 min. West
545.82 feet to a point on the southern side of State Road 1253, in the center of a ditch, which
flows under said road, cornering; thence North 25 deg. 37 min. East 10 feet to the southern side
of said road, thence to the center of said road, cornering; thence along and with the center of said
road in a western direction 1,972 feet, more or less, to the point of beginning, containing 380.22
acres, more or less, and being shown on map entitled "Owner: Joel K. Bourne, Part of "The Bunn
Farm", Description #7 Twp., Edgecombe County, North Carolina; Survey By:
, Dr: I. A. S., Supv: I. A. Staton, Date: 12-27-1980, Scale: 1" = 600' ", to which reference
is hereby made.
AND Being the same tract or parcel of land conveyed from Henry C. Bourne, Jr. and
wife, Margaret T. Bourne, to Joel K. Bourne by Deed recorded in Book 912, Page 439 of the
Edgecombe County Registry, to which reference is made for further description. For additional
reference, see Tract 1 of that deed recorded in Book 1233, Page 531, Edgecombe Public
Registry.
TOGETHER WITH riparian rights to the Tar River which flows along the southern
boundary of said tract of land, including the right to use the water from said River for the
irrigation of cropland and any other lawful purpose not inconsistent with similar rights of
adjoining property owners.
This property is conveyed SUBJECT TO all utility easements, consumer permits and
highway rights of way of record, along with ad valorem taxes for 2018, due Edgecombe County
to be paid by Grantee.
Tract 2: That certain tract of land in No. 7 Township, Edgecombe County, North
Carolina situate on the northern side of State Road 1253 and on the western side of State Road
1254, near the intersection of said roads, bounded on the North by lands of J. C. Powell and S. N.
Clark, Jr., on the East by State road 1254 and the land of Roger E. Sauerborn and wife, and the
land of Don M. Anderson Farms, Inc. on the South by State Road 1253 and the land of Joel K.
Page 6 of 17
lffll 6 88 PhGE 0 71 6
Bourne and on the West by land of J. C. Powell, thus BEGINNING at a nail set in the centerline
of State Road 1253, at a corner of the land of J. C. Powell; thence with the line of J. C. Powell
through a concrete monument 34.7 feet from the center of said road, North 05 deg. 30 min. East
549.07 feet to a concrete monument; thence continuing with the line of J. C. Powell North 62
deg. 34 min. East 959.15 feet to an iron pipe; thence with the line of S. N. Clark, Jr., North 59
deg. 35 min. East 553.42 feet to a point near the western side of State Road 1254, also the line of
Roger E. Sauerbom and wife, thence South 41 deg. 50 min. East 218.06 feet; South 32 deg. 49
min. East 100 feet; South 29 deg. 06 min. East 300.16 feet; South 22 deg. 32 min. East 200 feet;
South 28 deg. 09 min. East 200 feet; and thence South 42 deg. 11 min. East 142.47 feet to an
iron rod in the center of the road; thence with the line of Don M. Anderson Farms, Inc. South 57
deg. 33 min. West 10.54 feet to an iron pipe on the road shoulder; thence South 07 deg. 10 min.
East 178.86 feet; South 38 deg. 30 min. West 81.18 feet; South 16 deg. 15 min. East 128.70 feet;
and South 22 deg. 10 min. West 103.69 feet to a nail set in the centerline of State Road 1253;
thence with the centerline of State Road 1253, North 71 deg. 45 min. West 16.81 feet to a nail in
the center of a culvert underneath said road; thence continuing with the center of State Road
1253 North 76 deg. 42 min. West 100 feet; North 85 deg. 12 min. West 100 feet; South 86 deg.
55 min. West 100 feet; South 80 deg. 50 min. West 195 feet; South 86 deg. 26 min. West 100
feet; North 87 deg. 10 min. West 100 feet; North 84 deg. 13 min. West 100 feet; and North 83
deg. 22 min West 1200.75 feet to the point of beginning, containing 44.68 acres total, more or
less total with 2.18 acres, more or less being within the rights of way of State Road 1254 and
State Road 1253, and being shown on Map entitled "Survey for Joel K. Bourne, No. 7 Township,
Edgecombe County, N. C., Survey by Kenneth D. Talbot, Registered Land Surveyor, Tarboro,
North Carolina, Date: 14 Jan. 1985, Scale: 1" = 200"', which is recorded in Plat Cabinet 1, Slide
151B, in the office of the Register of Deeds of Edgecombe County, to which reference is hereby
made.
AND Being the same tract or parcel of land conveyed from Henry C. Bourne, Jr. and
wife, Margaret T. Bourne, to Joel K. Bourne by Deed recorded in Book 958, Page 194 of the
Edgecombe County Registry, to which reference is made for further description. For further
reference, see also Tract 2 of that deed recorded in Book 1233, Page 531, Edgecombe Public
Registry.
Said land is conveyed SUBJECT TO the rights of way for State Road 1253 and State
Road 1254. This property is conveyed further SUBJECT TO all utility easements, consumer
permits and highway rights of way of record, along with ad valorem taxes for 2018 due
Edgecombe County to be paid by Grantee.
PARCEL FOUR: EDGECOMBE TAX PARCEL No. 3799-58-0724-00 "Cox Farm"
Containing 623.87+1- acres
Being all that certain tract or parcel of land in No. 12 Township, Edgecombe County,
North Carolina, situate on the north side of U. S. Highway 64 Alternate from Tarboro to Rocky
Mount, being Tract No. 2, containing 662.0 acres as shown on map entitled "Property of Henry
C. Bourne, Jr., June B. Long and Joel K. Bourne, Penelo Plantation or "Cox Farm", Staton and
Associates, Surveyors, Tarboro, N. Carolina, Map of a portion of Henry C. Bourne, Sr., Estate
Land, No. #12 Township, Edgecombe County, North Carolina, Survey By: Jesse Webb & Rick
Page 7 of 17
` 6(l 6.8 8 PAGO 7 17
Kemp, Drawn By: Jesse Webb, Supervised By: Irvin A. Staton, R.L.S., #L-1295, Tarboro, N.
Carolina, Date: December 21, 1977, Scale: 1"=1320"', which map is recorded in Plat Cabinet 1,
Slide 46 B, in the office of Register of Deeds of Edgecombe County, reference is also made to
deed dated September 30, 1977, from Joel K. Bourne, Trustee under the Will of Henry C.
Bourne, deceased, to Henry C. Bourne, Jr., June B. Long and Joel K. Bourne, recorded in Book
872, Page 160, of the Edgecombe County Registry. AND Being the same tract or parcel of land
conveyed from Henry C. Bourne and wife, Margaret T. Bourne, June B. Long and husband, W.
J. Long, Jr., to Joel K. Bourne by Deed recorded in Book 912, Page 466 of the Edgecombe
County Registry, to which reference is made for further description.
TOGETHER WITH all riparian rights to the Tar River, which flows along the northern
boundary of Penelo Plantation, including the right to transport and use the water from said river
for the irrigation of cropland and any other lawful purposes not inconsistent with similar rights of
other adjoining property owners.
LESS AND EXCEPT from the said 662.0 +/- acres the following described lands:
All that tract or parcel of land containing 38.1 acres, more or less, and further described
as follows:
Beginning at a point in the northern right of way line of U. S. Highway 64 (Alternate),
said point being the point at which Walnut Branch intersects the said northern right of way line
of U. S. Highway 64 (Alternate) at a culvert under said highway, the point of beginning; thence
from said point of beginning along and with the northern right of way line of U. S. Highway 64
(Alternate) North 87° 35' West 1,103.59 feet to a point, a common corner with G. W. Sessoms,
cornering; thence along and with the Sessoms line and the line of Joel K. Bourne, now the
Bourne Family Limited Partnership, North 04' 02' East 2,003.5 feet to a point on the bank of the
Tar River, cornering; thence along and with the bank of the Tar River South 75' 54' East 157.51
feet to a point, a common corner with Joel K. Bourne, Jr., cornering; thence along and with the
line of Joel K. Bourne, Jr. South 03' 45' West 444.58 feet to a point, cornering; thence along and
with the line of Joel K. Bourne, Jr. the following five courses and distances to the western bank
of Walnut Branch: North 810 38' East 139.13 feet, North 780 14' East 120.23 feet, North 77' 10'
East 127.82 feet, North 41 ° 10' East 181.60 feet and North 81° 28' East 119.90 feet to a point on
the western bank of Walnut Branch, cornering; thence along and with the western bank of
Walnut Branch the following seventeen courses and distances: South 06' 14' East 133.57 feet,
North 52" 55' East 173.00 feet, South 05' 15' West 270.00 feet, South 51' 20' East 123.00 feet,
South 79' 35' East 184.00 feet, South 320 10' West 283.00 feet, South 24' 05' West 206.00 feet,
South 32' 15' West 220.00 feet, South 17' 05' East 253.00 feet, South 58' 50' East 83.00 feet,
South 38' 10' West 121.00 feet, South 26' 05' East 93.00 feet, South 81 ° 20' East 65.00 feet,
South 11' 25' West 150.00 feet, South 410 45' East 93.00 feet, South 43' 45' West 47.00 feet
and South 10' 10' West 46.72 feet to a point in the northern right of way line of U. S. Highway
64 (Alternate), the point of beginning, containing 38.1 acres, more or less, as the same appears
on a "Map of Property of Joel K. Bourne and wife, Edith W. Bourne, U. S. Highway 64, Number
12 Township, Edgecombe County, N. C., Scale 1" = 400', March 24, 1998" a copy of which
map is attached to that deed recorded in Book 1247, Page 675, Edgecombe Public Registry, to
which reference is made for further description.
Page 8 of 17
BOCK 1 6 8 8 PAGE 0 71 a
SAVE AND EXCEPT the following described tracts or parcels of land previously
conveyed:
Excepted Tract A: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to James M. Via and wife, Linda S. Via, dated January 3, 2007 and recorded in Book
1481, Page 410 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77-1477-00,
the same being Lot I containing 2.66 acres, more or less, as shown on Plat Cabinet 5, Slide 258,
Edgecombe Registry, the metes and bounds thereon are incorporated herein by reference; and
Excepted Tract B: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to William Harvey Case and wife, Jacquelin Frank Case, recorded in Book 1243,
Page 252, Edgecombe Public Registry, Edgecombe County Tax Parcel # 3799-77-1659-00, the
same being Lot 2 containing 2.64 acres, more or less, as shown on Plat Cabinet 5, Slide 258,
Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference;
and
Excepted Tract C: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to Nathan Arnold Worsley, III and wife, Catherine Lane Worsley, dated December
2, 1999 and recorded in Book 1257, Page 156 Edgecombe Public Registry, Edgecombe County
Tax parcel # 3799-77-1920-00, the same being Lot 3 containing 2.26 acres, more or less, as
shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon
are incorporated herein by reference; and
Excepted Tract D: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to Jack Stanley Sewell dated December 2, 1999 and recorded in Book 1257, Page
192 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-78-5080-00 the same
being Lot 7 containing 1.94 acres, more or less, as shown on Plat Cabinet 5, Slide 258,
Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference;
and
Excepted Tract E: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to James Edward Cannon, Jr. and wife, Kelly Harrell Cannon, dated January 18,
2000 and recorded in Book 1261, Page 35 Edgecombe Public Registry, Edgecombe County Tax
parcel # 3799-77-7625-00 the same being Lot 5 containing 1.76 acres, more or less, as shown on
Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are
incorporated herein by reference; and
Excepted Tract F: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to Arthur J. Furman and wife, Diane M. Furman, dated May 8, 2008 and recorded in
Book 1516, Page 667 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77-
7530-00, the same being Lot 4 containing 1.72 acres, more or less, as shown on Plat Cabinet 5,
Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by
reference.
Conveyed with these six excepted lots is a 60-foot wide access easement running along
and with the eastern or western property line of the above -described properties known as Alston
Page 9 of 17
16 8 8 PACE 0 7 19
Lane. This easement is shown on that map entitled "Final Plat of Walnut Branch" dated
September 3, 1998 and revised December 29, 1998, and recorded in Plat Cabinet 5, Slide 258,
Edgecombe County Registry, which is incorporated herein by reference. This easement shall run
with the land and shall benefit all parties having or acquired any right, title or interest in and to
said lots or any part or parts thereof.
These conveyances are made subject to utility easements to benefit Edgecombe-Martin
County Electric Membership Corporation, as the same appears on the map referred to above;
said easements having been recorded in the Edgecombe County Public Registry.
These conveyances are made further subject to those certain restrictive and protective
covenants recorded in Book 1059 at Page 287 of the Edgecombe County Public Registry.
The above described PARCEL FOUR is a portion of that property described in a deed
from Henry C. Bourne, Jr. and wife, Margaret T. Bourne, and June B. Long and husband, W. J.
Long, Jr., to Joel K. Bourne recorded in Book 912, Page 466, Edgecombe Public Registry. AND
the above -described parcel is the same property conveyed by deed from Joel K. Bourne to Joel
K. Bourne and wife, Edith W. Bourne, dated July 9, 1999 and recorded in Book 1247, Page 675,
Edgecombe Public Registry, to which reference is made for further description.
For additional reference, this Parcel includes that property conveyed by deed from
William R. Bourne and wife, Meredith C. Bourne, to Joel K. Bourne and wife, Edith W. Bourne,
dated July 2, 1997 and recorded in Book 1195, Page 50, Edgecombe County Public Registry.
AND Being a portion of those parcels conveyed to Bourne Family Limited Partnership from Joel
K. Bourne and wife, Edith W. Bourne, by deed dated December 21, 1998 and recorded in Book
1233, Page 531, Edgecombe Public Registry, to which reference is made for further description.
Reference is hereby made to all of the above referred to deeds, maps, and estates, and the
documents and instruments therein referred to, for further and more complete description.
This property is conveyed SUBJECT TO all utility easements, consumer permits,
restrictive covenants, and the right of way for Alston Lane as shown on Plat Cabinet 5, Slide
258, Edgecombe Public Registry, along with ad valorem taxes for 2018, due Edgecombe County
to be paid by Grantee.
PARCEL FIVE: "Walnut Branch"
EDGECOMBE TAX PARCEL NO.: 3799-69-9076-00 "River Lot"
Tract 1: Beginning at a point in the center of a drain and culvert, which point is also the center
of a 60 foot wide access road running from U. S. 64 Highway Alternate to the lot hereinafter
described, the center line of said 60 foot wide access road, from the point of beginning of said lot
to a point in the center line of U. S. 64 Highway Alternate, having the following calls and
distances: South 19 deg. 46' East 130.4 feet, thence South 07 deg. 13 min. East 93.16 feet,
thence South 07 deg. 19 min, West 141.74 feet, thence South 18 deg. 54 min. West 287.44 feet,
thence South 06 deg. 04 min. East 105.3 feet, thence South 20 deg. 53 min. East 343.7 feet,
Page 10 of 17
`001 688':FnIGE0720
thence South 00 deg. 20 min. West 82.73 feet, thence South 03 deg. 18 min. West 84.58 feet,
thence South I deg. 04 min. West 101.64 feet, thence South 09 deg. 37 min. West 88.86 feet,
thence South 06 deg. 44 min. West 88.69 feet, thence South 03 deg. 51 min. West 88.3 feet,
thence South 02 deg. 48 min. West 30 feet to the center line of U. S. 64 Highway Alternate;
thence from the beginning thus determined, along and with said drain, South 78 deg. 14 min.
West 120.23 feet to an iron, thence South 81 deg. 38 min. West 139.13 feet to a point in the
center of said drain, cornering, thence through an iron placed on the northern side of said drain,
North 03 deg. 45 min. East 444.58 feet, through an iron on the southern bank of the Tar River
which is 44.8 feet from the river bank, to the bank and water line of Tar River cornering; thence
with the bank and the water line of Tar River, South 77 deg. 48 min. East 120.36 feet, thence
South 87 deg. 42 min. East 94.42 feet, thence North 84 deg. 52 min. East 101.9 feet, thence
North 77 deg. 55 min. East 116 feet, thence North 79 deg. I 1 min. East 222.5 feet, thence South
58 deg. 38 min East 33.37 feet to a point in the center of Walnut Creek where it enters into the
Tar River, cornering; thence with the center of Walnut Creek South 05 deg. 16 min. West 155.83
feet, thence North 61 deg. 15 min. West 94.06 feet, thence South 09 deg. 06 min. West 62 feet,
thence South 52 deg. 49 min. East 55.55 feet, thence South 29 deg. 36 min. West 45.8 feet to a
point in the center of Walnut Creek where a small drain enters into said creek, cornering; thence
with the center of said drain South 81 deg. 28 min. West 119.9 feet to an iron, thence South 41
deg. 10 min. West 181.6 feet to an iron, thence South 77 deg. 10 min West 127.82 feet to the
point in the center of the 60 foot wide access road which is the beginning, and containing 5.03
acres, more or less according to plat of survey entitled "Property of Joel K. Bourne, Jr., No. 12
Twsp., Edgecombe County, N.C." dated September 4, 1991, Scale 1" = 200', by R. Lowell
Harris, R.L.S., to which reference is hereby made for further description.
Also, conveyed with this property is a 60 foot wide access easement running from U.S.
Highway 64 Alternate to the property above described. This easement shall run with the land
and shall benefit all parties having or acquiring any right, title or interest in and to said lot or any
part or parts thereof.
This conveyance is made SUBJECT TO those certain restrictive and protective covenants
recorded in Book 1059 at Page 287 of the Edgecombe County Public Registry.
The above described property and easement is a portion of that property conveyed by
deed dated December 30, 1980 by and between Henry C. Bourne, Jr. and wife, Margaret T.
Bourne, and June B. Long and husband, W. J. Long, Jr., parties of the first part and Joel K.
Bourne, party of the second part, recorded January 21, 1981 at 12:50 p.m. in Deed Book 912 at
Page 466 of the Edgecombe County Public Registry. Reference is hereby made to said deed and
to said map and to the documents and instruments therein referred to for further and more
particular description.
And Being the identical property conveyed by deed from Joel K. Bourne, Jr. and wife,
Kelly Anne Stryker, to Joel K. Bourne and wife, Edith W. Bourne, dated January 19, 2007 and
recorded in Book 1482, Page 736, Edgecombe Public Registry to which reference is made for
further description. For additional reference, see also that certain deed recorded in Book 1638,
Page 957, Edgecombe Public Registry.
Page 11 of 17
RAJ 6 8 8 PAU 0 7 1
This property is conveyed SUBJECT TO all utility easements, consumer permits and
highway rights of way of record, along with ad valorem taxes for 2018, due Edgecombe County
to be paid by Grantee.
Tract 2: EDGECOMBE TAX PARCEL NOS. 3799-78-2594-00; 3799-77-4842-00; 3799-77-
2387-00; 3799-77-7402-00 and 3799-77-6882-00 "Walnut Branch Subdivision" (undeveloped
lands)
Beginning at a point in the northern right of way line of U. S. Highway 64 (Alternate),
said point being the point at which Walnut Branch intersects the said northern right of way line
of U. S. Highway 64 (Alternate) at a culvert under said highway, the point of beginning; thence
from said point of beginning along and with the northern right of way line of U. S. Highway 64
(Alternate) North 87' 35' West 1,103.59 feet to a point, a common corner with G. W. Sessoms,
cornering; thence along and with the Sessoms line and the line of Joel' K. Bourne, now the
Bourne Family Limited Partnership, North 04' 02' East 2,003.5 feet to a point on the bank of the
Tar River, cornering; thence along and with the bank of the Tar River South 75' 54' East 157.51
feet to a point, a common corner with Joel K. Bourne, Jr., cornering; thence along and with the
line of Joel K. Bourne, Jr. South 03' 45' West 444.58 feet to a point, cornering; thence along and
with the line of Joel K. Bourne, Jr. the following five courses and distances to the western bank
of Walnut Branch: North 810 38' East 139.13 feet, North 78' 14' East 120.23 feet, North 77' 10,
East 127.82 feet, North 41 ° 10' East 181.60 feet and North 810 28' East 119.90 feet to a point on
the western bank of Walnut Branch, cornering; thence along and with the western bank of
Walnut Branch the following seventeen courses and distances: South 06' 14' East 133.57 feet,
North 52' 55' East 173.00 feet, South 05' 15' West 270.00 feet, South 51' 20' East 123.00 feet,
South 79' 35' East 184.00 feet, South 321 10' West 283.00 feet, South 240 05' West 206.00 feet,
South 32° 15' West 220.00 feet, South 17' 05' East 253.00 feet, South 580 50' East 83.00 feet,
South 38' 10' West 121.00 feet, South 260 05' East 93.00 feet, South 81° 20' East 65.00 feet,
South 11' 25' West 150.00 feet, South 41' 45' East 93.00 feet, South 43' 45' West 47.00 feet
and South 10' 10' West 46.72 feet to a point in the northern right of way line of U. S. Highway
64 (Alternate), the point of beginning, containing 38.1 acres, more or less, as the same appears
on a "Map of Property of Joel K. Bourne and wife, Edith W. Bourne, U. S. Highway 64, Number
12 Township, Edgecombe County, N. C., Scale 1" = 400', March 24, 1998" a copy of which
map is attached to that deed recorded in Book 1247, Page 675, Edgecombe Public Registry, to
which reference is made for further description.
SAVE AND EXCEPT the following described tracts or parcels of land previously
conveyed:
Excepted Tract A: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to James M. Via and wife, Linda S. Via, dated January 3, 2007 and recorded in Book
1481, Page 410 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77-1477-00,
the same being Lot 1 containing 2.66 acres, more or less, as shown on Plat Cabinet 5, Slide 258,
Edgecombe Registry, the metes and bounds thereon are incorporated herein by reference; and
Excepted Tract B: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to William Harvey Case and wife, Jacquelin Frank Case, recorded in Book 1243,
Page 12 of 17
`B 0K) 688 PAGE 0722
Page 252, Edgecombe Public Registry, Edgecombe County Tax Parcel # 3799-77-1659-00, the
same being Lot 2 containing 2.64 acres, more or less, as shown on Plat Cabinet 5, Slide 258,
Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference;
and
Excepted Tract C: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to Nathan Arnold Worsley, III and wife, Catherine Lane Worsley, dated December
2, 1999 and recorded in Book 1257, Page 156 Edgecombe Public Registry, Edgecombe County
Tax parcel # 3799-77-1920-00, the same being Lot 3 containing 2.26 acres, more or less, as
shown on Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon
are incorporated herein by reference; and
Excepted Tract D: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to Jack Stanley Sewell dated December 2, 1999 and recorded in Book 1257, Page
192 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-78-5080-00 the same
being Lot 7 containing 1.94 acres, more or less, as shown on Plat Cabinet 5, Slide 258,
Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by reference;
and
Excepted Tract E: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to James Edward Cannon, Jr. and wife, Kelly Harrell Cannon, dated January 18,
2000 and recorded in Book 1261, Page 35 Edgecombe Public Registry, Edgecombe County Tax
parcel # 3799-77-7625-00 the same being Lot 5 containing 1.76 acres, more or less, as shown on
Plat Cabinet 5, Slide 258, Edgecombe Registry, the metes and bounds shown thereon are
incorporated herein by reference; and
Excepted Tract F: The property conveyed by deed from Joel K. Bourne and wife, Edith
W. Bourne, to Arthur J. Furman and wife, Diane M. Furman, dated May 8, 2008 and recorded in
Book 1516, Page 667 Edgecombe Public Registry, Edgecombe County Tax parcel # 3799-77-
7530-00, the same being Lot 4 containing 1.72 acres, more or less, as shown on Plat Cabinet 5,
Slide 258, Edgecombe Registry, the metes and bounds shown thereon are incorporated herein by
reference.
Conveyed with these six excepted lots is a 60-foot wide access easement running along
and with the eastern or western property line of the abovc-described properties known as Alston
Lane. This easement is shown on that map entitled "Final Plat of Walnut Branch' dated
September 3, 1998 and revised December 29, 1998, and recorded in Plat Cabinet 5, Slide 258,
Edgecombe County Registry, which is incorporated herein by reference. This easement shall run
with the land and shall benefit all parties having or acquired any right, title or interest in and to
said lots or any part or parts thereof.
These conveyances are made and PARCEL FIVE Tract 2 is SUBJECT TO utility
easements to benefit Edgecombe-Martin County Electric Membership Corporation, as the same
appears on the map referred to above; said easements having been recorded in the Edgecombe
County Public Registry.
Said PARCEL FIVE Tract 2, is hereby conveyed SUBJECT TO those certain Deeds of
Page 13 of 17
BQlC;1 6 8 8 PAC[ 0 7 2 3
Easement to the Department of Transportation recorded in Book 917 at Page 873 and in Book
917 at Page 876 of the Edgecombe County Registry; and FURTHER SUBJECT TO those certain
restrictive and protective covenants recorded in Book 1059 at Page 287 of the Edgecombe
County Public Registry and rights of others in and to the use of Alston Lane as shown on Plat
Cabinet 5, Slide 258, Edgecombe County Public Registry.
The above described PARCEL FIVE Tract 2 is a portion of that property described in a
deed from Henry C. Bourne, Jr. and wife, Margaret T. Bourne, and June B. Long and husband,
W. J. Long, Jr., to Joel K. Bourne recorded in Book 912, Page 466, Edgecombe Public Registry.
AND the above -described parcel is the same property conveyed by deed from Joel K. Bourne to
Joel K. Bourne and wife, Edith W. Bourne, dated July 9, 1999 and recorded in Book 1247, Page
675, Edgecombe Public Registry, to which reference is made for further description.
For additional reference, this PARCEL FIVE includes that property conveyed by deed
from William R. Bourne and wife, Meredith C. Bourne, to Joel K. Bourne and wife, Edith W.
Bourne, dated July 2, 1997 and recorded in Book 1195, Page 50, Edgecombe County Public
Registry. AND Being a portion of those parcels conveyed to Bourne Family Limited Partnership
from Joel K. Bourne and wife, Edith W. Bourne, by deed dated December 21, 1998 and recorded
in Book 1233, Page 531, Edgecombe Public Registry, to which reference is made for further
description.
For additional chain of title for ALL PARCELS, the said Edith W. Bourne died testate
in Edgecombe County on July 7, 2012, Edgecombe County Clerk of Court file number 12-E-278
and by Last Will & Testament devised her real property to her husband, Joel K. Bourne. Joel K.
Bourne died testate in Edgecombe County on February 24, 2013, Edgecombe County Clerk of
Court file number 13-E-107 and by Last Will & Testament devised his real property to his two
sons, Joel K. Bourne, Jr. and William R. Bourne, Grantors herein.
Reference is hereby made to all of the above referred to deeds, maps, and estates, and the
documents and instruments therein referred to, for further and more complete description.
These properties (ALL PARCELS) are conveyed SUBJECT TO all utility easements,
consumer permits and public highway rights of way of record, along with ad valorem taxes for
2018, due Edgecombe County to be paid by Grantee.
Page 14 of 17
'BOOK. 16 8 8 PAPE O 7 2 4
TO HAVE AND TO HOLD the aforesaid tracts and parcels of land, together with all
privileges and appurtenances thereunto belonging, or in anywise thereto appertaining unto said
Grantee, its successors, and assigns, forever in fee simple absolute.
And the said Grantor, Bourne Family Limited Partnership, covenants with the Grantee,
its successors, and assigns, that it is seized of said premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear except as otherwise stated
herein, and that it will warrant and defend the title against the lawful claims of all persons
whomsoever.
And the said Grantors William R. Bourne and wife, Meredith C. Bourne, and Joel K.
Bourne, Jr. and wife, Kelly Anne Stryker do hereby quitclaim and release all right, title and
interest they may now own, if any, in and to the above said lands together with all privileges and
appurtenances thereunto belonging or in any way appertaining, unto the Grantee, its successors
and assigns, forever.
All provisions of this Deed apply in the plural sense where there is more than one Grantor
or Grantee and all persons, firms, corporations, associations, partnerships, individuals, males or
females shall be deemed fully included, and the masculine gender shall be construed to mean
feminine or neuter, singular or plural, or vice versa, where such construction is necessary to
make any provisions of this Deed applicable to any person, persons, firms, corporations,
association, thing or act at any time.
[This space intentionally left blank.]
Page 15 of 17
:BOOK' 6 8 8o 7 2 5
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the
day and year first above written.
BOURNE FAMILY LIMITED PARTNERSHIP
(SEAL)
4��- ' ��-z --
JOEL K. BOURNE, JR , artner
�' . -t — (SEAL)
By: WILLIAM R. BOURNE, Partner
STATE OF NORTH CAROLINA
COUNTY OF 1 e,,
7S U P c a Notary Public in and for the County
and State aforesaid, do hereby certify that JOEL K. BOURNE, JR., General Partner of the
Bourne Family Limited Partnership, personally appeared before me this date and acknowledged
the due execution of the foregoing instrument in such capacity.
Witness my hand and notarial stamp or seal, this the 0 day of "W
2018.--le ......
JAAW " ��.
mmis'�>w' Axpires: J vri to I t)Z3
pwk O
o Coo
0S
Mr Comm. Ems•NptaYy Public
Z 0'20t3 �, Sr
(SEAL) ;SAftO��
STATE OF NORTH CAROLINA
COUNTY OF E;& ,fie,
1, -e. f-%ts,tTmr.) a Notary Public in and for the County
and State aforesaid, do hereby certify that WILLIAM R. BOURNE, General Partner of the
Bourne Family Limited Partnership, personally appeared before me this date and acknowledged
the due execution of the foregoing instrument in such capacity.
My Commission Expires: �1 d2/-,2O _
Witness my hand and notarial stamp or seal, this the 6 day of�/�Lex_,
2018.
JAMES C. HINTON�—
NOTARY PUBLIC
Edgecombe County, NC
Notary Public
(SEAL)
Page 16 of 17
190K? 688 P,A9[.0726
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the
day and year first above written.
(SEAL)
WILLIAM R. BOURNE
BOURNEVXREDITH C. '
STATE OF NORTH CAROLINA
COUNTY OF=�
I, C- f4m4nr—e^I a Notary Public in and for the County
and State aforesaid, do hereby certify that WILLIAM R. BOURNE and wife, MEREDITH C.
BOURNE personally appeared before me this date and acknowledged the due execution of the
foregoing instrument.
Witness my hand and notarial stamp or seal, this the 6 day of ,lleyeo oar
2018.
My Commission Expires:
JAMES C. HINTON
NOTARY PUBLIC
Edgewmbe County, NC
(SEAL)
4fl' , e - Agin
V Notary Pubfic
Page 17 of 17
100f.1 6 8 8 fflf 4121
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the
day and year first above written.
`I L/c�^^ z — (SEAL)
EL K. BOURNE, JR. ov
_ (SEAL)
KELLY ANNE STRYKER
STATE OF NORTH CAROLINA
COUNTY OF e-t— (.lord
I, L'st-"s j-'- ..M N'' , a Notary Public in and for the County
and State aforesaid, do hereby certify that JOEL K. BOURNE, JR. and wife, KELLY ANNE
STRYKER personally appeared before me this date and acknowledged the due execution of the
foregoing instrument.
Witness my hand and notarial stamp or seal, this the _ o day of W,
2018.
My Commission Expires: J"-A. 20 12aZ3
(SEAL)
No* 140wnf
O County i
My Comm. fxp.
�1- 00-20-2023 T
CAtii0\:"
(/ V) 3 Ll S' - -� i e, b4
N tary Public
Page 1 of 3
BOOK 1489 PAGE 0458
None
nt RI-5 Excise Tax
FILED
3 �)�13 I;111°1,,_, f,iji_, T
04/2,4,°20_i r '1:14
"S QEHIE h:�.:_ti• S.S. [:taj-., t
/ ,
Recording Time, Book and 'hage
Tax Lot No. Identifier No. aU G3- I a a-00
Verifted by Edgecpmbb� County on eia of t-, 2007
by(�e.l:���.�....1.H�1..j..,.../.j.2'.�07
Mail after recording to Ryan Dyson, PLLC, 8520 Six Forks Road, Suite 101, Raleigh, North
Carolina 27615-3096,
This instrument was prepared by Ryan Dyson, PLLC, without prior title examination.
Brief description for the Index
Tracts 1-A & 1-B R.R. Brake Farms, Inc.
Subdivision
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED is made this 241h day of April, 2007, by and between
GRANTOR GRANTEE
R.R. Brake Farms, Inc., a Brake Farms, Inc., a North Carolina
North Carolina corporation Corporation
8400 Waynesboro Court
Raleigh, North Carolina 27615
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural masculine, feminine or neuter as
required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by Grantee, the receipt and
sufficiency of which hereby are acknowledged, does hereby grant, bargain, sell and convey in
fee simple unto Grantee and the legal representatives, successors and assigns of Grantee forever,
ALL, that certain lot or parcel of land, together with the buildings and improvements
thereon erected, situate, lying and being in the Township Number 7, Edgecombe County,
State of North Carolina, containing 167.92 acres, more or less, being more particularly
described as follows:
Page 2 of 3
BOOn1489 PABE0459
Tracts Number 1-A and 1-B, as shown on a map prepared by Richard C.
Marshall, Jr., PLS L-2866, entitled "An Exempt Subdivision Survey Of The
R.R. Brake Farms, Inc. Main Tract, Township Number 7-Edgecombe
County, NC", Dated March 27, 2007, and recorded in Plat Cabinet 9, Slide
131 of the Edgecombe County Registry.
The property herein described was acquired by Grantor by instrument recorded in Book
Book 853, Page 445, Edgecombe County Registry.
A map showing the above described property is recorded in Plat Cabinet 9, Slide 131,
Edgecombe County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and ail privileges and
appurtenances thereto belonging the Grantee in fee simple.
And the Grantor covenants with the Grantee that Grantor is seized of said premises in fee simple,
has the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all
persons whomsoever except for the exceptions hereinafter stated. Title to the property
hereinabove described is subject to the following exceptions:
Ad valorem taxes for 2007.
All restrictive covenants, easements, and rights of way of record.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly authorized
officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and
year first above written.
R.R. BraWarms, Inc.
By: u "
Patricia L. Brake -Ludwig, President
Attest:
(Corporate Seal) 4e
Byttn� t ye
Mar aret Scott Brake, Secretary
1 - d!!!ri
,xpl ,fin ri!!pr Nr�"
Page 3 of 3
BOBS 14 8 9 PARE 0 4 6 0
STATE OF NORTH CAROLINA, COUNTY OF WAKEE, ss.
North Carolina
Wake County
I, the undersigned, a Notary Public in and for the County of Wake and State of North
Carolina, certify that Margaret Scott Brake (the "Declarant"), personally came before me
this day and acknowledged that the Declarant is the Secretary of R.R. Brake Farms, Inc., a
North Carolina corporation (the "Company"), and that by authority duly given and as the
act of the Company, the foregoing instrument was signed in its name by Patricia L. Brake -
Ludwig, its President, sealed with its corporate seal, and attested by Declarant as the
Secretary of the Company.
Witness my hand and official stamp or seal on this date.�Ot11A
Dated: 2'1 Zad P/~aOT4„i,�:�p
i 01;
(Official Seal)
Notary Public
My Commission Expires:
The foregoing certificates of
is/are certified to be correct. This instrument and this certificate are duly registered at the date
and time and in the Book and Page shown on the first page hereof.
By
C
REGISTER OF DEEDS FOR EDGECOMBE COUNTY
Deputy Assistant Register of Deeds.
SWCA I Edgecombe Solar Project
Section 10 Permit Application
Attachment E
Phase I Archaeological Survey and Phase II Archaeological Evaluation Concurrence
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
July 24, 2020
Jonathan Libbon jlibbon&swca.com
SWCA Environmental Consultants
80 Emerson Lane, Suite 1306
Bridgeville, PA 15017
Re: Phase I Archaeological Survey and Phase II Archaeological Evaluation of 31ED479, 31ED480,
31ED483, 31ED488, 31ED496, and 31ED503 for the Edgecombe Solar Project, Edgecombe
County, CH 18-3970
Dear Mr. Libbon:
Thank you for your July 2, 2020, letter transmitting the revised archaeological report for the above -
referenced project. We have reviewed the information provided and offer the following comments.
Survey activities have identified 30 archaeological sites in the project area. In a letter dated February 10, 2020,
we concluded that 23 of these sites are not eligible for listing in the National Register of Historic Places
(31ED477, 31ED478, 31ED481, 31ED482, 31ED484 — 31ED487, 31ED489 — 31ED495, 31ED497 —
31ED502, 31ED504, and 31ED505). We also found that while site 31ED476 remains unassessed for the
National Register, the portion of the site that will be impacted by the proposed project does not contribute
to its National Register eligibility.
The remaining 6 sites are documented in the subject report. Sites 31ED480, 31ED483, 31ED488, and
31ED496 are not considered eligible for listing in the National Register due to their limited research
potential, and no further work is proposed at these sites. We concur with this recommendation.
Site 31ED479 yielded artifacts from the Middle Archaic Period through the eighteenth century. While one
cultural feature was identified at site 31ED479, most of the site exhibits poor integrity. It is recommended
that site 31ED479 remain unassessed with regard to the National Register, and the portion of the site with
evidence of intact cultural features be avoided by the proposed project. We concur with this
recommendation.
Site 31ED503 yielded artifacts from the Middle Archaic and Woodland Periods. While one possible cultural
feature was identified at site 31ED503, most of the site exhibits poor integrity. It is recommended that site
31ED503 remain unassessed with regard to the National Register, and the portion of the site with evidence
of intact cultural features be avoided by the proposed project. We concur with this recommendation.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-1617 Telephone/Fax: (919) 807-6570/807-6599
Project plans show that the identified cultural features at site 31ED479 and 31ED503, inclusive of 25-meter
buffers, will be avoided by the proposed solar arrays. In addition, high -visibility fencing will be used to ensure
that these areas are not impacted during construction. Given these conditions, we find that the proposed
project will have no effect on any archaeological sites eligible for listing in the National Resister.
Please note that if human skeletal remains are encountered during construction, the provisions of North
Carolina General Statute Chapter 70, Article 3 apply. All ground disturbing activities should stop and the
county medical examiner be contacted immediately.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comments,
please contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or
environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above -
referenced tracking number.
Sincerely,
L,WRamona Bartos, Deputy
State Historic Preservation Officer