MO-4051_12019_G_C_19930825_Joyce Beatty Affidavit

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AND
HARTSELL, HARTSELL & MILLS
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PROFESSIONAL ASSOCIATION
J. MAXTON ELLIOTT
ATTORNEYS AT LAW
LUTHER T. HARTSELL (1870-I961)
W. ERWIN SPAINHOUR
77 MCCACHERN BOULEVARD
,� I FCr{, T. FTR.T. HARTSELL,JR.(1902-1961)
'Ul�91bl(
FLETCHER L.HARTSELL,JR.
POST OFFICE BOX 368
1C
?,>'t�>((•t!,-;l �ILLQQt��t }.i h11LL 1980)
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STARKEY SHARP, Y
CONCORD, NORTH CAROLINA 28026-0368
(`�•y.
704/766-511
JOHN SHARPE HARTSELL
OF COUNSEL
August 25, 1993
Ms. Karen Walker
Hydrogeological Technician
Division of Environmental Management
State of North Carolina
919 N. Main Street
Mooresville, NC 28115
Re: Former Service Station
N. C. Highway 24-27
Midland, Cabarrus County,
North Carolina
Dear Ms. Walker:
Responding to your July 14, 1993, inquiry to Joyce Beatty, we
enclose an Affidavit in response executed by Ms. Beatty, together
with a copy of the Land Rental Contract for the system.
Please advise if you require any further information.
Sincerely yours,
HARTSELL, HARTSELL & MILLS, P. A.
Fletcher L. Hartsell, Jr.
FLHjr:bmp
Enclosure
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AND
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AFFIDAVIT
In the matter of:
Groundwater Incident #
Facility Name: ::�>,IlCe,&a.ii1-1 Pa ElTU l Former SOrVi(e- 5aRon
Facility Address: Intersection N.C. 24-27 with U.S. Highway 601,
Midland, Cabarrus County, North Carolina
JOYCE E. BEATTY being duly sworn says:
(name)
1. That he is a citizen and resident of
Cabarrus County
(address)
2. That in reference to underground storage tank(s) located or
formerly located at the facility known as
former service
station , and located at intersection of N.C. 24-27
(name of facility)
and U.S. Highway 601, Midland,
Cabarrus County, North Carolina , I offer the following
response(s) to questions in the attached letter:
(1) Who last owned the UST system? J D Fletcher of Union County. N_�_
and J B Jordan of Cabarrus County N C trading and doing buginps
as Jordan/Fletcher Oil Company, for the pQriod 1975- to date
(2) Who last operated the UST system? When? J D Fletcher of Union QQllnty,
N.C., and J B Jordan of Cabarrus County, N.C., trading and doing business
as Jordan/Fletcher Oil Company, for the period 1975 to date.

Page Two
(3) Are the UST's empty? Unknown,
(4) Have the produce dispensers been removed? No.

Page Three
3. Att•ached to this affidavit are copies of any documents in
support hereof (attach copies of any documents such as tank
records, tax records, business licenses, sales receipts, etc.)
A copy of the pertinent Lease/Land Rental Contract is attached.
4. I understand that submission of a false statement,
representation, or documentation to the North Carolina
Department of Environment, Health, and Natural Resources under
Article 21 of Chapter 143 of the General Statutes, or under
any rules adopted shall be guilty of a misdemeanor; punished
by a fine not to exceed ten thousand ($10,000), or by
imprisonment not to exceed six months or both.
Signature Joyc . Beatty
This 26th day of August , 199 3
Before me personally appeared Joyce E. Beatty to me
well known and known to me to be the person described in and
who executed the foregoing instrument, and acknowledge to and
before me that she executed said
instrument for the purposes therein expressed.
WITNESS my hand and official seal, this 26th day of
August A.D., 19 93
Notary Public AdLet"'ez-
My Commission expires 6/25/97
STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
OFFICIAL SEAL
BARBARA M. PRESSLEY
NOTARY PUBLIC -NORTH CAROLINA
COUNTY OF CABARRUS

STATE OF NORTH CAROLINA
CABARRUg COMITY
LAND RENTAL CONTRACT
KNOW ALL ML�+T BY TILESF. PRESEEITT111, that John R. Beatty of the
aaforemaaid Count? and 9tato (sand of the 'Mato of Plorid a) , herein-
after referred to either as Party of the Fir. s t Pa.rt, "Landlord or
Owner, and J. D. Fletcher of Union Count ;�, *Yort,h Carolina together
with J. B. Jordan of rabarrus County, ;forth Carolina, trading find
doing business as Jordan -Pletcher oil Company, hereinafter re-
ferred to as Parties of tho econd x'.a.rt. or Tenatnt:s, do hereby
contract and af.,reo, each with the other, an follows
1. That JOi?N R. BEATTY in the fee simple owner of a cortaain
parcel of land of reauonnbly uniform shape in Cabarrus Country,
fronting apprcxinatcly 150 feet on the I;:a of aide of U.«. Ilwy. ITo.
601 and approximately 60 feet on the south aide of ra. C. I -Teri. Tie.
2i1, iihich has been and is being Improved nt tho sole discretion
and expense of Ilaartics of the occond Part, without r.onctaary con-
tribution from the owner.
2. That J. D. Pletcher and J. B. Jordan, trading and doing
business as Jordan-!;11etchnr 013. roripnny, with such asnis l anco an
they have and can procure from the Tx:Yon Company, have caused and
saro cauni.ng una?erfp-ound bulk griscli.nc storage taanics and ground le-
vel consummr grasollno purips protectcd by a c ,.nopy to be installed
and ca considerable ,portion of arid lot to be hare] surfaced, for
the purpose of operating s retain nelf- service gasoline f i7.l inS
staa.tioft on said premises.
3. That all. improvements placed upon said preraises by parties
of the Second Part, excepting only hard surfacing, shall t:e cl xac-
ifled as and be and reraaain personal property, naverablo from the
land, and shall be rand remein the personal property of Parties of
the second part, ,who shall have the right of removal from saald
promises upon termi.nntion of this rant al contract, quIb ject only
to Tenants' optionally aaltornntivo obligation to either, (aa) re-
claim and remove said personal property and rent:ore maid preminos
to �raade level without undue mutilation of heard r-urfneing wtti In
30 dP.Ys after termInntion of this rental ngreement, or; (b) con-
tinue paying rent at the prescribed rate for Bo long as said por-
sonal property or nn7r azpprociaabl.e portion thereof romaains on
said premines, or; (c) within 30 days aaftor termination traansfor
nand convey title to said personal. ,�rcpv.rty to tho ; ,an.c;lorci wa3ti
forever quitclaim their i.ntoreat thereto., D71T, superRcding rand
overriding these oPtions of Partic s of tac !:ccond Part, uho 1,:nnd-
lord ohnll have the pnrnmount and dominant right to domaand the
removal of said personal property from said prer:ines within 30
drys after termination to expedite hii u,30 of said prOi-Uzaa3t3 for
other purposed.
It. Rent shall bo payable moc� thly ,_ �v�' from the lR� day
of : J� ;,��. , 1975, at as minimum base rate of $150.00 nor month
pluslpr pOr —gallon for all gals in excess of 159000 ga+al.lon.a re-
tailed thru said pumps each month, '":;CwPT in the o7ont the ave.114
nbil.ity of erns becomen curtailod by rationing or other governmen-
tal action thore a3hall be no rainimum rental during the period of
such curtailment and rant shall bo paid at the rate of 1/ per
Fallon. Tenancy shall be continuous sled continuing on za month -
to -month baasias, terminable by either Marty hcreta nt the GApirra-
tion of 30 daaya written notice of such termination, based expose
valid and just cause for termination. Landlord oovenants that he

LAND RENTAL CONTRACT
Page 2.
will not capriciously nor arbitrarily terminate said lease agree-
ment until after tenants have had a reasonable time of operation
In which to recover their expense of improvements plus a reason-
able profit for effort, except for undeniably compelling cause;
and tenants covenant that they will make every reasonable effort
to pump enough gallonage to pay Landlord more than the minimum
prescribed rent. Landlord shall prey ad valorem tax on the value
of the land and Tenants shall pay ad valorem tax on the value of
improvements and inventory. Tenants shall be solely responsible
for utilities, maintenance and public liability and other
insurance.
IN TESTD40ITY W13EREOP, John R. Beatty as Landlord, and J. D.
Pletcher and J. B. Jordan as Tenants, each has hereunto sub-
scribed his name and affixed his seal, this day of ,
1975.
SEAL)
SEAL)
WITNESS:
41,