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HomeMy WebLinkAboutNC0022934_Owner name Change_20041018Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 18, 2004 Mr. Lawrence H. Schwartz UCS, INC. 511 Hoffman Road Lincolnton, North Carolina 28092 Subject: NPDES Permit Modification Name/Ownership Change Permit NCO022934 UCS, INC. (Formerly Sonoco Products Company) Gaston County Dear Mr. Schwartz: In accordance with your request received October 14, 2004, the Division is forwarding the subject permit modification. This modification documents the change in name/ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Maureen Crawford at the telephone number or address listed below. Sincerely, �-Xlan W. Klimek, P.E. cc: Central Files Mooresville Regional Office, Water Quality Section NPDES Unit Ms. Cindy Lints, UCS, Inc. N°9 Carolina ,ivatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: h2o.enrstate.nc.us 512 N. Salisbury St Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Alfirmahve Action Employer— 50 % Recycled/10% Post Consumer Paper Permit NCO022934 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM in compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, UCS, Inc. is hereby authorized to discharge wastewater from a facility located at the Main Plant NCSR 1680 Gaston County to receiving waters designated as the South Fork Catawba River in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III and IV hereof. This permit shall become effective October 18, 2004. This permit and authorization to discharge shall expire at midnight on July 31, 2005. Signed this day October 18, 2004. W. Klimek, P.E., D ector e ionof Water Quality yuthority of the Environmental Management Commission Permit NC0022934 SUPPLEMENT TO PERMIT COVER SHEET UCS, Inc. is hereby authorized to: 1. Continue to operate an existing 0.3-acre waste stabilization lagoon followed by chlorine (gas) disinfection located at the Main Plant site off NCSR 1680 in Gaston County. 2. Discharge from said treatment works at the location specified on the attached map into the South Fork Catawba River, which is classified WS-IV waters in the Catawba River Basin. r01 Pkl J .�`7 •. �l iv�r7'/-. �_ 1 �S $�'�� _ S ��i.� O U Discharge Point NC00022934 - UCS, Inc. Facility Latitude; 35°24-37- Sub -Basin: 03-08-35 Location -• 4,_ Longitude: 81.13-12- Quad 1: 1 F14NW Stmarn Class: WS-IV Receiving Stream: South Fork Catawba River '/j /O L / Sonora Products, Inc. tJCYg22974 Permitted Flow: 0.0053 MGD j' G h r Long Shoals Facility Permit NCO022934 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS < _`; MONITORING REQUIREMENTS ;- Monthly, Average , .;gaily Measurement fi: Fre uenc ': SampleType Sample LocaGons- , r Flow 0.0053 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20T) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N Monthly Grab Effluent Fecal Coliform (geometric mean 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent Total Residual Chlorine 2/Month Grab Effluent Temperature (°C) Weekly Grab Effluent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. I. II. Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Qa j Y CURRENT PERMIT INFORMATION: Permit Number: N/C/Q/ O/ I/ or Certificate of Coverage Number: N/C/G/ /_/_/_/ / / Alan W. Klimek, P.E. Director, Division of Water Quality JUL 12 2004 DENR - WATER QUALITY cc p l 1 POINT SCARCE iIRA`!CH � 1. Permit holder's name: 'S O to OCo C �0,00 .5 2. Pennit's signing official's name and title:' - (Person legally responsible for permit) / 3. Mailing address: I A . I - City: / (Title,' /I e State: S C Zip Code: 215 Phone:( 9Y3) 383 — 76 3 3 r NEW OWNER/NAME INFORMATION: 1. This request for change is a result of: _ Change in ownership of company _ Name change for company x Change in ownership of property/facility _ Name change for property/facility Other (please explain): 2. Owner Information Company or Owner Name: UCS. Inc. (name to be put on permit / certificate of coverage) Owner's/operator's or signing official's name: Lawrence H. Schwartzfitle: Treasurer/General Manager Company Contact: Lawrence H Schwartz Title: Treasurer/General Manager Owner Mailing address: 511 Anffmnn RnaA City:T.inrnlnrnn State:Nnrrh carat inaZip Code: 9xno9 Phone: ( 704 ) 732-9922 E-mail address: larryschwartz@ucsspirit. com 3. Facility Information Facility Name: UCS. Inc. — Facility Contact: Gindy TAnrs Title: Facility Director Facility Mailing address: 511 Hoffman Road City: Lincolnton State: North C arolindZip Code: 28092 Phone: (704 ) 732-9922 E-mailaddress: cindylints@ucsspirit.com SWU-239-102501 PERMIT NAME / OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application 2. Legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) Certification must be completed and signed by both the current permit holder and the new applicant in the case of change of ownership. For name change only, complete and sign the application certification. Current Permittee's Certification: I, E, RA& L.14-NA 6oxe . attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomple)e7 r /I I Signature:-9 A� ✓ Date: 30 Applicant's Certification: I, Lawrence H. Schwartz . attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be retVmed jncomplqe. Date: ^6 / 9 4 /? 004 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DENR / DWQ / Point Source Branch Attn: Valery Stephens 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SWU-239-102501 Excise Tax S 0.00 BOOK 4015 PAGES 394 - 397 Gaston County, NC RecordeNo d 06/04/2004 01:38:27pm Alice B. Brown, Register of Deeds e5 Recording Time, Book and Page Tax Lot No.: Parcel Identifier No. 157612 and 157602 _ Verified by County on the day of . 2004 by _ Mail after recording to os� This instrument was prepared by Parker. Poe. Adams & Bernstein L.L.P.. Three Wachovia Center, Suite 3000 401 South Tryon Street Charlotte, NC 28202 (TMO) Brief Description For The Index: _ 85.564 Acres, Chenyville Township, Gaston County, NC NORTH CAROLINA NON -WARRANTY DEED THIS DEED made this IA day of 7.,+e , 2004, by and between: GRANTOR I GRANTEE SONOCO PRODUCTS COMPANY, a South Carolina corporation SCHWARTZ FAMILY PROPERTIES NORTH CAROLINA, LLC, a North Carolina limited liability company 511 Hoffman Road Long Shoals, North Carolina Enter in appropriate block for each parry: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. 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 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, all that certain lot or parcel of land described in Exhibit A attached hereto ("Property'). Page 1 of 4 CLT 767743v I The property was acquired by Grantor by deeds from George T. Hoffman and wife, Ernestine H. Hoffman, recorded in Deed Book 1014, Page 277 and in Deed Book 1118, Page 595, Gaston County Registry. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor makes no warranty, express or implied, as to the title to the Property. IN WITNESS WHEREOF, Grantor has executed this deed as of the day and year first above written. SONOCO PRODUCTS COMPANY, a South Carolina corporation By: �o cL4, Name: _ Vick; A . A/'A ur Its: Tied j urcte. STATE OF S00-fA 1. df fA 2 COUNTYOF dr/]n tor+ I, a Notary Public of I)dr 14n foN County and State of ,jovA (aroh;i a do hereby certify that Vicki personally came before me this day and acknowledged that he/she is Treaavrer of SONOCO PRODUCTS COMPANY, a South Carolina corporation, and that he/she, as T'rcd.rure r being authorized to do so, executed the foregoing instrument on behalf of the corporation. Witness my hand and notarial seal, this the 31a1 day of JyAe 2004. r j ry Public tt cats�t;ti tx�:. My Commission Expires: A L A 2V4 [NOTARIAL STAMP -SEAL] Page 2 of 4 CLT 767743v] EX=IT A LEGAL DESCRIP That certain tract or parcel of land situated, lying and being in Cherryville Township, Gaston County, North Carolina and being more particularly described as follows: To find the point and place of beginning, commence at NCGS "RICKY" having North Carolina Grid Coordinates of N = 613,976.8495 and E = 1,338,842.8276; thence South 21-37-07 West 2,623.390 feet (ground) [2,622.988 feet (grid)] to NCGS "HOFFA" having North Carolina Grid Coordinates of N = 611,538.3799 and E = 1,337,876.4253; thence South 56-21-20 West 470.926 feet (ground) [470.851 feet (grid)] to a new iron rod having North Carolina Grid Coordinates of N = 611,277.556 and E = 1,337,483.459 marking the POINT AND PLACE OF BEGINNING, said new iron rod also marking the southwestern comer of the property conveyed to David R. Ingle by instrument recorded in Deed Book 2018, Page 996, Gaston County Public Registry; thence with the southern boundary of the David R. Ingle property (now or formerly) South 78 42-11 East 508.20 feet to an angle iron found marking the northwestern comer of the property conveyed to Susan Jane Blanton by instrument recorded in Deed Book 2202, Page 535, Gaston County Public Registry; thence leaving the southern boundary of the David R. Ingle property (now or formerly) and running with the western boundary of the Susan Jane Blanton property (now or formerly) South 04-15-00 East 996.88 feet (passing an existing iron rod at 903.22 feet) to a calculated point lying on the centerline of South Fork River; thence leaving the western boundary of the Susan Jane Blanton property (now or formerly) and running with the centerline of South Fork River the following nine (9) courses and distances: (1) South 85-14-40 West 231.49 feet to a calculated point; (2) South 53-42-56 West 631.74 feet to a calculated point; (3) South 41-08-05 West 149.81 feet to a calculated point; (4) South 61-36-55 West 95.95 feet to a calculated point; (5) North 69-10-55 West 1.159.99 feet to a calculated point; (6) North 76-18-57 West 194.97 feet to a calculated point; (7) North 55-31-27 West 125.62 feet to a calculated point; (8) North 34-28-52 West 627.00 feet to a calculated point; and (9) North 38-29-18 West 263.86 feet to a calculated point lying on the eastern boundary of the property conveyed to the G. T. Hoffman heirs by instrument recorded in Deed Book 3287, Page 985, Gaston County Public Registry; thence leaving the centerline of South Fork River and running with the eastern boundary of the G. T. Hoffman heirs property (now or formerly) the following seven (7) courses and distances: (1) North 27-14-11 East 133.46 feet to a calculated point; (2) North 69-35-56 East 45.10 feet to a calculated point; (3) North 13-05-57 West 55.01 feet to a calculated point; (4) North 44-59-03 West 45.89 feet to a calculated point; (5) North 17-01-54 East 108.87 feet to a calculated point; (6) North 25-22-53 West 89.61 feet to a calculated point; and (7) North 05- 34-58 West 217.86 feet to a calculated point marking the southwestem comer of the property conveyed to Rhonda L. Yarbrough by instrument recorded Deed Book 1118; Page 410, Gaston County Public Registry; thence with the southern boundary of the Rhonda L. Yarbrough property (now or formerly) and continuing with the southern and eastern boundaries of the property conveyed to Viola Yarbrough by instrument recorded in Deed Book 1118, Page 410, Gaston County Public Registry the following two (2) courses and distances: (1) South 68-01-22 East 70.32 feet to a new iron rod; and (2) North 04-22-22 West 100.00 feet to a new iron rod marking the northeastern comer of the Viola Yarbrough property (now or formerly); thence with the northern boundary of the Viola Yarbrough property (now or formerly) and continuing with the northern boundary of the Rhonda L. Yarbrough property (now or formerly) North 68-01-22 West 63.60 feet to a calculated point lying on the eastern boundary of the G. T. Hoffman heirs Page 3 of 4 CLT 767743A property (now or formerly); thence leaving the northern boundary of the Rhonda L. Yarbrough property (now or formerly) and continuing with the eastern boundary of the G. T. Hoffman heirs property (now or formerly) the following three (3) courses and distances: (1) North 18-26-34 East 25.04 feet to a new iron rod; (2) South 68-01-22 East 1,281.98 feet to an existing iron rod; and (3) North 2145-01 East 677.07 feet (passing a nail at base of angle iron at 640.59 feet) to a new nail lying on the centerline of Hoffman Road (State Route 1680), an apparent sixty -foot (60') public right-of-way; thence leaving the eastern boundary of the G. T. Hoffman heirs property (now or formerly) and running with. the centerline of Hoffman Road the following three (3) courses and distances: (1) with the arc of a circular curve to the left having a radius 885.07 feet for an arc distance of 323.73 feet (said curve being subtended by a chord bearing South 40- 32-31 East 321.92 feet) to a calculated point; (2) with the arc of a circular curve to the left having a radius of 575.71 feet for an arc distance of 264.40 feet (said curve being subtended by a chord bearing South 61-28-32 East 262.08 feet) to a calculated point; and (3) with the arc of a circular curve to the left having a radius of 1,105.05 feet for an arc distance of 335.60 feet (said curve being subtended by a chord bearing South 81-02-57 East 334.31 feet) to a new nail lying on the western boundary of the David R. Ingle property (now or formerly); thence leaving the centerline of Hoffman Road and running with the western boundary of the David R. Ingle property (now or formerly) South 00-16-20 East 78.24 feet to the POINT AND PLACE OF BEGINNING; containing 85.564 acres, more or less, as shown on survey entitled "ALTA/ACSM LAND TITLE SURVEY FOR: USC, INC.," prepared by J. Jeffrey Cobb, North Carolina Professional Land Surveyor (Registration Number L-2830) of R.B. Pharr & Associates, P.A., dated April 5, 2004, and last revised April 28, 2004, reference to said survey being made for a more particular description. Page 4 of 4 CLT 767743v 1 of The To all whom these presents shall come, Greetings: of State I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF ORGANIZATION OF SCHWARTZ FAMILY PROPERTIES NORTH CAROLINA the original of which was filed in this office on the 9th day of February, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 9th day of February, 2004 4('Z"-e- /' Secretary of State Document Id: C20040400042 9 SOSID: 710655 Date Wiled: Z/9120�4 4:32.00 PM - - 2 - --- - Elaine vmarshall _ North Carolina Seeretam of Ctats State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. The name of the limited liability company is: Schwartz Family Properties North Carolina LLC 2. If the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no limit on the duration of the limited liability company.) N/A 3. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles oforganization in the capacity of a member, organizer or both). Jason P. Walton, Organizer 401 South Tryon Street, Suite 3000 Charlotte, North Carolina 28202 4. The street address and county of the initial registered office of the limited liability company is: Number and Street 401 South Tryon Street Suite 3000 City, State, Zip Code Charlotte NC 28202 County Mecklenburg 5. The mailing address, ifdifferent from the street address, of the initial registered office is: 6. The name of the initial registered agent is: John F. Baron Principal office information: (Select either a or b.) a. ® The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street 401 South Tryon Street, Suite 3000 City, State, Zip Code Charlotte. NC 28202 County Mecklenburg The mailing address, ijdifferent from the street address, of the principal office of the corporation is: CLT 749MY 1 b. ❑ The limited liability company does not have a principal office. 8. Check one of the following: (i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. X (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3- 20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 9. Any other provisions which the limited liability company elects to include are attached. 10. These articles will be effective upon filing. This is the 5'h day of February 2004, Jason P. Walton Organizer OCT-14-2004 THU 12:10 PM WATER TECH LABS, INC. FAX NO. 8283966761 P. 04 ASSIGNMENT AND ASSUMPTION OF CONTRACT OF SALE THIS ASSIGNMENT AND ASSUMPTION OF CONTRACT OF SALE ("Assignment") is made this � day of 2D)4, by UCS, INC., a New Jersey corporation ("Assignor"), and SCHWARTZ FAMILY PROPERTIES NORTH CAROLINA, LLC, a North Carolina limited liability compare} ("Assignee"). A_ Assignor and Sonoco Products Company ("Seller") entered into a Contract of Sale dated December 31, 2003 ("Agreement"). B. Assignor desires to assign its interest under the Agreement to Assignee and Assignee desires to accept the assignment and assume the obligations of Assignor under the Agreement, all on the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual provisions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the partie:i agree as follows: 1. Assignment. Assignor assigns to Assignee all of Assignor's right, title and interest under the Agreement, and Assignor delegates to Assigtee all Assignor's duties under the Agreement. 2. Assumption. Assignee accepts the foregoing assignment and assumes and agrees to pet form and discharge all of the duties of Assignor under the Agreement. 3. Assignor Indemnification. Assignor shall indemnify and hold harmless Assignee with respect to all obligations under the Agreement required to be performed by Assignor prior to the execution of this Assignment. 4. Assiapee Indemnification. Assignee shall indemnify and hold harmless Assignor with respect to all obligations under the Agreement required to be performed by Assignor after the execution of this Assignment. 5. Successors and Assigns. This Assignment shall be binding upon and inure to the benefit of Assignor and Assignee, their successors and assign. 6. Counterparts. This Assignment may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute and be taken as one and the same instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] CLT 769093vi OCT-14-2004 THU 12:10 PM WATER TECH LABS, INC, FAX NO. 8283965761 P. 05 IN WITNESS WHEREOF, the parties have cxecuta this Assignment as of the date first written above. ASSIGNOR: UCS, INC., a New Jerse orpor/ation By: Lawrence lI. Sch artz Vice Presi(''ent ASSIGNEE: SCHWARTZ FAMILY PROPERTIES NORTH CAROLINA, I LC., a North Carolina limited liability com M Manager 2 CLT ,169093vl OCT-14-2004 THU 12:10 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 06 ACKNOWLEDGMENT OF ASSIGNMENT Seller joins in this Assignment for the purpose of ackn•awledging the assignment of the Agreement and agrees to be bound thereby. By consenting to this Assignment, Seller expressly releases Assignor from any liabilities arising under the terms of the Agreement. IN WITNESS WHEREOF, Seller has executed this Acknowledgment of Assignment as of T,I, 4 , 2004. SELLER, SONOCO PRODUCTS COMPANY, a South Carolina corporation Name: /ILLI R riAur Its: Ireo taper CLT 7690930 OCT-14-2004 THU 12:10 PM WATER TECH LABS, INC. FAX NO. 8283966761 P. 07 BILL OF SALE THIS BILL OF SALE is made this Al day of IT , 2004, by SONOCO PRODUCTS COMPANY, a South Carolina corporation ("Seller"), in favor of SCHW \RTZ FAMILY PROPERTIES NORTH CAROLINA, LLC, a North Carolina limited liability company ("Buyer'). RECITALS: ;feller, for and in good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, transfer, assign and deliver to Buyer all of Scller's right, title and interest in and to those items of pen;onal property listed on Exhibit A attached hereto, and any other furniture, fixtures, equipment and other personal property owned by Seller and used in the operation and management of the property descnbed on Exhibit B attached hereto ("Personal Property") - T O HAVE AND TO HOLD the Personal Property unto the Buyer, its successors and assigns, forever. Seller, for itself, its successors and assigns, hereby covenants with Buyer, its successors and assigns, that Seller is the lawful owner of the Personal Property; that the Personal Property is free and clear of all liens, claims, interests and encumbrances whatsoever; that Seller has good, right, and lawful authority to bargain and sell the Personal Property in the matter and form herein; and that Seller warrants and shall defend the Personal Property against the claims and demands of all persons whomsoever. This instrument shall be construed in accordance with the laws of the State of North Carolina. [SIGNATURES ON FOLLOWING PAGE] CLT 767472v ] OCT-14-2004 THU 12:10 PM WATER TECH LABS, INC. FAX NO. 8283965761 IN WITNESS WHEREOF, Buyer and Seller have caw,ed this instrument to be signed as of the day and year first above written. SELLER: SONOCO PRODUCTS COMPANY, a South Carolina corporation �BY: cs<=A/ Name: ✓i c j ! LA u Its: TreA1vrer f IT0 SCHWARTZ FAMILY PROPERTIES NORTH CAROLINA, LLC, a North Carolina limited liability company M 0 Lawrence H. Schwartz Manager Jeffrey Schwartz Manager CLT 767472� I OCT-14-2004 THU 12:11 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 09 IN WITNESS WHEREOF, Buyer and Seller have cm;ed this instrument to be signed as of the day and year first above written. SELLER: SONOCO PRODUCTS COMPANY, a South Carolina corporation By: Name: Its: BUYER: SCHWARTZ Ii'AMILY PROPERTIES NORTH CAROLINA, LLC, a Nortl I- CLT 767472vI OCT-14-2004 THU 12:11 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 10 EXHIBIT A PERSONAL PROPERTY Building and Grounds Information Air Compressorl Air Compressor2 Electneal bus duct Sign (except Sonoco sign face material to be returned to Sonoco) CLT 767472v1 OCT-14-2004 THU 12:11 PM WATER TECH LABS, INC. FAX NO, 8283965761 P. 11 EXHIBIT B PROPERTY Lying and being in Cherryville Township, Gaston County, North Carolina, and more particularly described as follows: To find the point and place of beginning, commence at NCGS "RICKY" having North Carolina Grid Coordinates of N = 613,976.8495 and E = 1,338,842.8276; thence South 21-37-07 West 2,623.390 feet (ground) [2,622.988 feet (grid)] to NCGS "HOFFA" having North Carolina Grid Coordinates of N = 611,538.3799 and E = 1,337,876.4253; thence South 56-21-20 West 470.926 feet (ground) [470-851 feet (grid)] to a new iron rod having North Carolina Grid Coordinates of N = 611,277.556 and E = 1,337,483.459 marking the POINT AND PLACE OF BEGINNING, said new iron rod also marking the southwestern comer of the property conveyed to David R. Ingle by instrument recorded in Deed Book 2018, Page 996, Gaston County Public Registry; thence with the southern boundary of the David R. htgle property (now or formerly) South 78-42-11 East 508.20 feet to an angle iron found marking the northwestern comer of the property conveyed to Susan Jane Blanton by instrument recorded in Deed Book 2202, Page 535, Gaston County Public Registry; thence leaving the southern boundary of the David R. Ingle property (now or formerly) and running with the western boundary of the Susan Jane Blanton property (now or formerly) South 04-15-00 East 996.88 feet (passing an existing iron rod at 903.22 feet) to a calculated point lying on the centerline of South Fork River; thence leaving the western boundary of the Susan Jane Blanton property (now or formerly) and running with the centerline of South Fork River the following nine (9) courses ar d distances: (1) South 85-1440 West 231.49 feet to a calculated point; (2) South 53-42-56 West 631.74 feet to a calculated point; (3) South 41-08-05 West 149.81 feet to a calculated point; (4) S,ruth 61-36-55 West 95.95 feet to a calculated point; (5) North 69-10-55 West 1,159.99 feet to a calculated point; (6) North 76-18- 57 Wma 194.97 feet to a calculated point; (7) North 55-31-27 West 125.62 feet to a calculated point; (8) North 34-28-52 West 627.00 feet to a calculated point; and (9) North 38-29-18 West 263.86 feet to a calculated point lying on the eastern boundary of the property conveyed to the G. T. HoOrnan heirs by instrument recorded in Deed Book 3297, Page 985, Gaston County Public Registry; thence leaving the centerline of South Fork River and running with the eastern boundary of the G. T. Hoffman heirs property (now or formerly) the following seven (7) courses and distances: (1) North 27-14-11 East 133.46 feet to a calculated point; (2) North 69-35-56 East 45.10 feet to a calculated point; (3) North 13-05-S7 West 55.01 feet to a calculated point; (4) North 44-59-03 West 45.89 feet to a calculated point; (5) North 17-01-54 East 108.87 feet to a calculated point; (6) North 25-22-53 West 89.61 feet to a ca culated point; and (7) North 05- 34-58 West 217.86 feet to a calculated point marking the southwestern comer of the property conveyed to Rhonda L. Yarbrough by instrument recorded Deod Book 1118, Page 410, Gaston County Public Registry; thence with the southern boundary of the Rhonda L. Yarbrough property (now or formerly) and continuing with the southern and eastern boundaries of the property conveyed to Viola Yarbrough by instrument recorded in Decd Book 1118, Page 410, Gaston County Public Registry the following two (2) courses and distances: (1) South 68-01-22 East 70.32 feet to a new iron rod; and (2) North 04-22-22 West 100.00 feet to a new iron rod marking the northeastern comer of the Viola Yarbrough property (now or formerly); thence with the northern boundary of the Viola Yarbrough property (now or formerly) and continuing with the CLT 7674720 OCT-14-2004 THU 12:11 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 12 northers boundary of the Rhonda L. Yarbrough property (now or formerly) North 68-01-22 West 63.60 feet to a calculated point lying on the eastern boundary of the G. T. Hoffman heirs property (now or formerly); thence leaving the northern boundary of the Rhonda L. Yarbrough property (now or formerly) and continuing with the eastern boundary of the G. T. Hoffman heirs property (now or formerly) the following three (3) courses and distances: (1) North 18-26-34 East 25.04 feet to a new iron rod; (2) South 68-01-22 East 1,281.98 feet to an existing iron rod; and (3) North 21-45-01 East 677.07 feet (passing a nail at base of angle iron at 640.59 feet) to a new nail lying on the centerline of Hoffman Road (State Rou::e 1680), an apparent sixty -foot (60') public right-of-way; thence leaving the eastern boundary of the G. T. Hoffman heirs property (now or formerly) and running with the centerline of Hoffman Road the following three (3) courses and distances: (1) with the arc of a circular curve to the left having a radius 885.07 feet for an arc distance of 323.73 feet (said curve being subtended by a chord bearing South 40- 32-31 East 321.92 feet) to a calculated point; (2) with the arc of:L circular curve to the left having a radius of 575.71 feet for an arc distance of 264.40 feet (said curve being subtended by a chord bearing South 61-28-32 East 262.08 feet) to a calculated point; ;md (3) with the arc of a circular curve to the left having a radius of 1,105.05 feet for an arc distance of 335.60 feet (said curve being subtended by a chord bearing South 81-02-57 East 334.31 feet) to a new nail lying on the western boundary of the David R. Ingle property (now or formerly); thence leaving the centerline of Hoffman Road and running with the western boundary of the David R. Ingle property (now or formerly) South 00-16-20 East 78.24 feet to the POINT ARID PLACE OF BEGINNING; containing 85.564 acres, more or less, as shown on survey entitled "ALTA/ACSM LAND TITLE SURVEY FOR: USC, INC.," prepared by J. Jeffrey Ccbb, North Carolina Professional Land Surveyor (Registration Number L-2830) of R.B. Pharr & Associates, P.A., dated April 5, 2004, and last revised April 28, 2004, reference to said survey being made for a more particular descripl ion. CLT 767c•72v I 'OCT-14-2004 THU 12:12 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 13 Gaston, County, NC Alice B. Brown, Register of heeds Gaston County Courthouse 325 North Marietta Street Gastonia, NC 28052 Phone Number: (704)862-7681 FAX Number: (704)862-7519 Official Receipt: 04-015983 Printed -on-LO412004 01:50:15-pm CHICAGO TITLE INS. CO Date Recorded: 06/04/2004 Instrument Recorded Time Amount_ Bk 4015 Pg 3B9 01:38;27pm $1,926.00 DEEDS Bk 4015 Pg 394 01:38:27pm $23.00 DEEDS Bk 4015 Pg 398 01:36:27pm $71.00 DEEDS OF TRUST Ok 4015 Pg 418 01:38:27pm $29.00 SUBORDINATION 8k 4015 Pg 424 01:38:27pm $45.00 UCC FIXTURES No.9999-0015974801:49:22pm $25.00 NON STANDARD FILING FEE No.9999-0015974901:49:35pm $25.00 NON STANDARD FILING FEE Itemized Check Listing Check 4 13504 $2,144.00 Total Due; Si',144.00 Paid by Check: $2,144.00 Total Paid: $:,144.00 HAVE A NICE DAY! OCT-14-2004 THU 12:12 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 14 C I � Excise Tax S 1,900.00 BOOK 4015 PAGES 389 - 393 oft at Recordedoe6/04/200A 01:38:27pm No 9999-00159739 1 of 5 pages Excise Tax: $1,900.00 Alice 0. Brown, Register of Deed& Recn •ding Time, Book and Page Tax Lot No.: Parcel Identifier No. 157612 and 157602 Verified by County on the day of 2004 by Mail after recording to oL This instniment was prepared by Porker. Poe Adnmk & Bemstcin L I P Thrcc Wa!,hovia Center Suite 3000 South Tryon Street Charlonc. NC 28202 (TMOt —. Rnd Dee , notion For The Index: Property located off of Hoffman Road, Cherryville Township, Gabton County, NC NORTH CAROLINA SPECIAL WARI"ANTY DEED TIIIS DEED made this A� day of -1"uc , 2004, by and between: GRANTOR I GRANTEE SONOCO PRODUCTS COMPANY, a Souch Carolina corporation SCHWARTZ FAMILY PROPERTIES NORTH CAROLINA, LLC, a North Carolina limited liability company 511 Hoffman Road Long Shoals, Noah Carolina Enter n approprble block for each pany name, address, and, If appropriate, character of entity. a 9. corporation or parmership. 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. WITNE:SSETH, that Grantor, for a valuable consideration paid bir Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all that certain lot or parcel of land described in Exhibit A attached hereto ("Property"). CLT 767,166.1 I'agc 1 of 5 `OCT-14-2004 THU 12:12 PM WATER TECH LABS, INC. FAX NO. 8283965761 The property was acquired by Grantor by deeds from George T. Hoffman and wife, Ernestine H. Hoffman, recorded in Deed Book 1014, Page 277 and in Deed Book 1118, Page 595, Gaston County Public Registry. TO RAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the Property is subject to the following exceptions i. Ad valorem real property taxes for the year 2004 and subsequent years, which are not yet due and payable. 2. Lease Right -of -Way for a thirty (30) foot wide road recorded in Book 2202, Page 532, Gaston County Public Registry. 3. Easement to Duke Power Company recorded in Book 1034., Page 246, Gaston County Public Registry. 4. The following matters revealed by Survey by J. Jeffrey Cobb, P.L.S. of R. B. Pharr & Associates, P.A. dated April 5, 2004, and last revised April 28, 2004: a. Duke Power Company sixty-eight (68) foot right -of xay with electric line transmission towers, overhead electric and utility poles located then. -in, b. Service utilities evidenced by culvert; headwalls, telephone pedestals, overhead utilities, concrete flume, various width RCPs, PfVs and GMPs, utility vault and building, sewerage lagoon, equipment room, utility vaults, !atch basins, power boxes, water spigots, pump house, drainage line, concrete pads with electrical equipment, sewer manhole, utility poles, light poles, propane tank; c. Fire hydrants, fire hose, fire controls and fire protection water supply tank; J Encroachment of gravel drive; Rights of others thereto in and to the continuous and uninterrupted flow of the waters bounding or crossing the Property and claims to land created or lost by accretion, reliction or avulsion resulting from movement of Souih Fork River forming the boundary of the Property; and f. Right-of-way of Hoffman Road (also known as Log Cabin Road SR # 1680). CLT 767466v I Page 2 of 5 OCT-14-2004 THU 12:12 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 16 IN WITNESS WHEREOF, Grantor has executed this deed as of the clay and year first above written. SONOCO PRODUCTS COMPANY, a South Carolina corporation By: v Name: l cj�ji. R A r f It ur Its: Tte i+gtoR STATE OF SOA C-)fa d;r J C00NIY OF .)1 inc oN 1, a Notary Public of 0j/Iia tON County and Slate of .SovtA Cdro%Ad , do hereby certify that Vick, B Ar ham/* personally same before me this day and acknowledged that he/she is Tre.+,r u/e r of SONOCO PRODUCTS COMPANY, a South Carolina corporation, and that he/she, as _j're.0 urere bei ig authorized to do so, executed the foregoing instrument on behalf of the corporation. Witness my hand and notarial seal, this the 3r4 day of_, d0fie 12004. r o Public My Commission Expires: AP'M 22, 2u,d [NOTARIAL STAMP -SEAL] CLI' 76 7466v I Pagc 3 of 5 OCT-14-2004 THU 12:13 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 17 E7C MIT A Lying and Being in Cherryville Township, Gaston County, North Carolina and more particularly described as follows: TRACT 1: BEGINNING at a control concrete survey marker, C. L. Edwards southwest comer said BEGINNING point being located South 1 deg. 20 min. West 74.6 feet from a point in the center of N. C. Highway No. 1613, muting thence a line with C. L. Edwards western line North 1 deg. 20 min. East 74.6 feet to a point in the center of N. C. Highway No. 1613; running thence with the censer of N. C. Highway No. 1613 the following courses and distances: North 86 deg. 03 min. West 100 feet; North 79 deg. 13 min. West 100 feet; NortL 75 deg. 18 min. West 100 feet; North 71 deg. 53 min. West 100 feet; North 62 deg. 48 min. West 100 feet; North 52 deg_ 28 min. West 100 feet; North 45 deg. 43 min. West 100 feet; North 38 deg. 56 min. West 100 feet; and North 33 deg. 31 min. West 124. 8 feet to a point in the center of said Highway; running thence leaving the road a new line with George T. Hoffman property South 23 deg. 21 min. West 678.5 feet to an iron in the center of the Southern Railway track; running thence with the center of the Southern Railway track North 66 deg. 39 min. West 655 feet; running thence leaving the railroad track a line with George T. Hoffman property South '7 deg. 30 min. West 1,165 feet passing an iron to a point in the center of the South Fork Rivei; running thence with the South Fork River the following courses and distances: South 33 deg. 00 min. East 33 feet; South 47 deg. 40 min. East 124 feet; South 68 deg. 00 min. East 210 feet; South 73 deg. 45 min. East 94 feet; South 67 deg. 55 min. East 250 feet; South 73 deg. 37 min. East 252 feet; South 64 deg. 42 min- East 197 feet; South 58 deg. 00 min. East 152 feet; Soutl 68 deg. 15 min. East 172 feet; North 82 deg. 15 min. East 136 feet; North 32 deg. 45 min. East 228 feet; North 78 deg. 00 min. East 82 feet; North 60 deg. 00 min. East 185 feet; North 48 deg. 39 min. East 130 feet; North 54 deg. 17 min. East 136 feet; North 72 deg. 07 min. East 123 feel; North 83 deg. 40 min. East 90 feet; and South 82 deg. 23 min. East 76 feet, running thence leaving the river a line with Burlington Mills, Inc. property North 3 deg. 00 min. West 972 feet to an iron in C. L. Edwards line; rmming thence a line with C. L. Edwards property North 7'i deg. 15 min. West 508.2 feet to the point of BEGINNING, in accordance with a plat prepared by Hoke S: Heavner, Registered Surveyor, dated July 17, 1969. TRACT 2: BEGINNING at a point in the center of the C&NW Railroad over a culvert for a branch, said BEGINNING point being located North 66 deg. 39 min. West 1,282 feet from an iron in the center of said railroad, George Hoffman's southeast corner; running thence from said BEGINNING point leaving the railroad with the meanders of the branch the following courses and distances: South 03 deg. 00 min. East 350 feet, South 12. deg. 45 min. East 250 feet and South 39 deg. 15 min. West 165 feet to a point in the center of the South Fork River; running thence with the meanders of the River the following courses and distances: South 45 deg. 00 min. East 157 feet, South 32 deg. 50 min. East 76 feet; South 26 deg. 00 min. East 106 feet; South 10 deg. 30 min. East 315 feet and South 33 deg. 00 min. East 167 feet; running thence leaving the River North 07 deg. 30 min. East 1,165 feet passing two irons to a point in the center of the (:&NW Railroad; running thence a line with the center of said Railroad North 66 deg. 39 CLT 767466v) Page 4 of 5 OCT-14-2004 THU 12:13 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 18 min. Wost 627 feet to the point of BEGINNING, containing 11.18 ACRES, in accordance with a plat prepared by Hoke S. Heavner, Registered Surveyor, dated July 17, 1969. This beiing a part of the A. F. Hoffman lands which were divided among his heirs, and this being a part of Lot Number Three (3) of said division. BARRING AND EXCEPTING from the above conveyances t-vo lots allotted to Rhonda Lea Yarbrough and Viola Yarbrough in the Special Proceeding entitled "George T. Hoffman, Petitioner vs. Janice Harwell Lilland, Rhonda Lea Yarbrough, and Viola Yarbrough, Respondents" filed in the Office of the Clerk of Superior C.)urt for Gaston County, North Carolina (see deed recorded in Book 1118, Page 410, Gaston County Public Registry.) CLT 767466w 1 Page 5 or OCT-14-2004 THU 12:13 PM WATER TECH LABS, INC. FAX NO. 8283966761 MK Excise Tax S 0.00 'sax Lot No.: Vaificd by by _ Mail Act rocord.a to This instrument was prepared by BOOK 4015 PAGES 394 - 397 Gaston county, Nc00a el:a0:27pm Recorded 06/0al24 pages No 9999-0a159740 t of Alice B. Brow,,, 0e01ster of Deeds Recording Time, Book and Page Parcel Identifier No. 157612 and 157602 --_. County on the day of .2004 For The Index: 85.564 Acres, Chtrryville Township, Gaston Count,, NC NORTH CAROLINA NON-WARRA14TY DEED THIS DEED made this `� day of I-Je , 2004, by and between: GRANTOR I GRANTEE SONOCO PRODUCTS COMPANY, I SCHWARTZ I�A.MLY PROPERTIES a South Carolina corporation NORTH CAROIJNA, LLC, a North Carolina limited liability company 511 Hoffman Road Long Shoals, North Carolina Enter in oppropnale block for each parry: name. address, and, if appropriate, character of entity, e.g. corporation or partnership 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. WITNE;iSETH, 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, all that certain lot or parcel of land described in Exhibit A attar hed hereto ("Property"). Page 1 of CLT 7677,13v I OCT-14-2004 THU 12:13 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 20 The property was acquired by Grantor by deeds from George T. Hoffman and wife, Ernestine H. Hoffman, recorded in Deed Book 1014, Page 277 and in Deed Bool: 1118, Page 595, Gaston County Registry. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor makes no warranty, express or implied, as to the title to the Property. IN WITNESS WHEREOF, Grantor has executed this deed as of the day and year first above written. SONOCO PRODUCTS COMPANY, a South Carolina corporation By: Name:Vick; tQ AdAur lts- TrerJ wee- STATEOF SOu-A C .drolrn? COUNTY OF Ddf6h.q torn 1, a Notary Public of 1rdrl"n fog County and State of (o,9 Ciiolln. , do hereby certify that Wrk, Q Ar I psrsonally came before me this day and aclotowledged that he/she is Trrr.rurer of SONOCO PRODUCTS COMPANY, a South Carolina corporation, and that he/she, as ]}ad.rurc r , being authorized to do so, executed the foregoing instrument on behalf of the corporation. Witness my hand and notarial seal, this the 3rd day of _, d oil e- 2004. ry Public �t C01JAtS�t�n tk?.._3 My Commission Expires: APML Vl ZL44 [NOTARIAL STAMP -SEAL] Pagc 2 of 4 CLT 7677430 OCT-14-2004 THU 12:14 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 21 EXEMBIT A LEGAL DESCRIPTION That certain tract or parcel of land situated, lying and being in Chenyville Township, Gaston County, North Carolina and being more particularly described as follows: To find the point and place of beginning, commence at NCGS "RICKY" having North Carolina Grid Coordinates of N = 613,976.8495 and E = 1,338,842.8276; thence South 21-37-07 West 2,623.391) feet (ground) [2,622.988 feet (grid)) to NCGS "HOFFA" having North Carolina Grid Coordinates of N = 611,538.3799 and E = 1,337,876.4253; thence South 56-21-20 West 470.926 feet (grmind) [470.851 feet (grid)] to a new iron rod having North Carolina Grid Coordinates of N = 611,277.556 and E = 1,337,483.459 marking the POINT AND PLACE OF BEGINNING, said new iron rod also marking the southwestern comer of the property conveyed to David R. Ingle by instrument recorded in Deed Book 2018, Page 996, Gaston County Public Registry; thence with the southern boundary of the David R. Ingle property (now or formerly) South 78 42-11 East 508.20 feet to an angle iron found marking the northwestem comer of the property conveyed to Susan Jane Blanton by instrument recorded in Deed Book 2202, Page 535, Gaston County Public Registry; thence leaving the southern boundary of the David R_ Ingle property (now or formerly) and running with the western boundary of thy: Susan Jane Blanton property (now or Jormerly) South 04-15-00 East 996.88 feet (passing an easting iron rod at 903.22 feet) to a calculated point lying on the centerline of South Fork River; thence leaving the western boundary of the Susan Jane Blanton property (now or formerly) ,.nd running with the centerline of South Fork River the following nine (9) courses and distances: (1) South 85-14-40 West 231.49 feet to a calculated point; (2) South 5342-56 West 631.74 feet to a calculated point; (3) South 41-08-05 West 149.81 feet to a calculated point; (4) South 61-36-55 West 95.95 feet to a calculated point; (5) North 69-10-55 West 1,159.99 feet to a calculated point; (6) North 76-18-57 West 194.97 feet to a calculated point; (7) North 55-31-27 West 125.62 feet to a calculated point; (8) North 34-29-52 West 627.00 feet to a calculated point; and (9) North 38-29-18 West 263.86 feet to a calculated point lying on the eastern boundary of the property conveyed to the G. T. Hoffman heirs by instrument recorded in Deed Book 3287, Page 985, Gaston County Public Registry; thence leaving the centerline of South Fork River :end running with the eastern boundary of the G. T. Hoffman heirs property (now or formerly) the following seven (7) courses and distances: (1) North 27-14-I1 East 133.46 feet to a calculated point; (2) North 69-35-56 East 45.10 feet to a calculated point; (3) North 13-05-57 West 55.01 feet to a calculated point; (4) North 44-59-03 West 45.89 feet to a calculated point; (5) North 17-01-54 East 108.87 feet to a calculated point; (6) North 25-22-53 West 89.61 feet to a calculated point; and (7) North 05- 34-58 West 217.86 feet to a calculated point marking the southwestern comer of the property conveyed to Rhonda L. Yarbrough by instrument recorded Deed Book 1118, Page 410, Gaston County Public Registry; thence with the southern boundary of the Rhonda L. Yarbrough property (now or formerly) and continuing with the southern and eastern boundaries of the property conveyed to Viola Yarbrough by instrument recorded in Deed Book 1) 18, Page 410, Gaston County Public Registry the following two (2) courses and distances: (1) South 68-01-22 East 70.32 feet to a new iron rod; and (2) North 04-22-22 West 100.00 feet to a new iron rod marking the northeastern corner of the Viola Yarbrough property (now or formerly); thence with the northern boundary of the Viola Yarbrough properly (now or formerly) and continuing with the northern boundary of the Rhonda L. Yarbrough property (now or formerly) North 68-01-22 West 63.60 feet to a calculated point lying on the eastern boundary of the G. T. Hoffman heirs Page 3 of 4 C'LT 76774:w I Page 4 of 4 Ct.T 767743v 1 OCT-14-2004 THU 12:14 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 22 of The To all whom these presents shall come, Greetings: ry of State I, ELAINE F. MARSHALL, Secretary of State of the state of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF ORGANIZATION OF SCHWARTZ FAMILY PROPERTIES NORTH CAROLINA the original of which was filed in this office on the 9tl , day of February, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, thi: 9-tthh-day of February, 2004 Secretary of State Document Id: C20040400042 9 OCT-14-2004 THU 12:14 PM WATER TECH LABS, INC. FAX NO. 8283965761 P. 23 SOS1D: 710655 Dire FWe-d 219TLWiVSFf1i- Elltint'F:-1►t>iri'1ha71=�:. r State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORCANIZITION Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming z, limited liability company. The name of the limited liability company is: Schwartz Fa;-nily Properties North Carolina. LLC 2. If the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (If no dare for dissolution is specified, there shall be no limit on the duration of the limited liability company) N/A 3. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these ar:,icles of organization in the capacity of a member, organizer or both). Jason P. Walton, Organizer 401 South Tryon Street, Suite 3000 Charlotte, North Carolina 28202 4. The street address and county of the initial registered offer: of the limited liability company is: Number and Street 401 South Tryon Street, Suite 3000 City, State, Zip Code Charlotte, NC 28202 _County Mecklenburg 5. The mailing address, ifdifferent from the street address, of the initial registered office is: 6. The name of the initial registered agent is: John l Baron 7. Principal office information: (Select either a or b.) a. M The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street 401 South Tryon Street, Suite 3000 City, State, Zip Code Charlotte, NC 28202 County Mecklenburg The mailing address, ifdifferent from the street address, of the principal office of the corporation is: CLT 749900vI OCT-14-2004 THU 12:15 PM WATER TECH LABS, INC, FAX NO. 8283965761 P. 24 b. ❑ The limited liability company does not have a principal offwc. 8. Check one of the following: (i) Member -managed LLC: all members by virtu: of their status as members shall be managers of this limited liability company. X (ii) Manager -managed LLC: except as provided I,y N.C.G.S. Section 57C-3- 20(a), the members of this limited liability company shall aot be managers by virtue of their status as members. 9. Any other provisions which the limited liability company elects to include are attached. 10. These articles will be effective upon filing. This is the 5'h day of February 2004. ,Mason PWalton. Organizer Organizer