22010_Glenwood Square_PCPkg_20201113

NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Glenwood Square
Brownfields Project Number: 22010-18-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NI. The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than November 18, 2020, and will end no sooner than the
later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest
of the three (3) above -referenced tasks, if such completion occurs later than the date stated herein. All comments
and meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
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SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Glenwood Square
Brownfields Project Number: 22010-18-092
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North Carolina
General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-
310.34, Glenwood Two, LLC, as Prospective Developer, has filed with the North Carolina Department of
Environmental Quality ("DEQ") a Notice of Intent to Redevelop a Brownfields Property ("Property") located 0,
615/617, 621/623, & 701 Hillsborough Street, and 0 W. Morgan Street in Raleigh, Wake County, North Carolina.
The Brownfields Property, which is the former site of two automotive service stations and other commercial
property consists of 1.95 acres. Environmental contamination exists on the Brownfields Property in groundwater,
soil, soil gas, and sub -slab vapor. Glenwood Two, LLC has committed itself to redevelop the Brownfields Property
for no uses other than restaurant, retail, office, and subject to the requirements of subparagraph 121. of the
Brownfields Agreement, high density residential, and associated parking uses, and subject to DEQ's prior written
approval, other commercial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a
proposed Brownfields Agreement between DEQ and Glenwood Two, LLC, which in turn includes (a) a map
showing the location of the Property, (b) a description of the contaminants involved and their concentrations in
the media of the Property, (c) the above -stated description of the intended future use of the Brownfields Property,
and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in
accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed online at the DEQ public
record database, Laserfiche, by entering the project number 22010-18-092 into the search bar at the following
web address:
https://edocs.deq.nc.cov/WasteManagement/Welcome.aspx?dbid=0&repo=WasteMana eg ment
The "Act" requires a public comment period of at least 30 days. The first day of public comment is defined
as the day after which all of the following public notice tasks have occurred: the date this Notice is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2)
conspicuously posted at the Brownfields Property; and (3) mailed or delivered to each owner of property
contiguous to the Brownfields Property. Written public comments may be submitted to DEQ within 30 days after
the public comment period begins. Written requests for a public meeting may be submitted to DEQ within 21 days
after the public comment period begins. These periods will start no sooner than November 18, 2020, and will end
no sooner than the later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after
completion of the latest of the three (3) above -referenced tasks, if such completion occurs later than the date stated
herein. All public comments and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Glenwood Square/22010-18-092/13Nov2020

Property Owners: Glenwood Two, LLC and Glenwood One Office, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Glenwood Square
Brownfields Project Number: 22010-18-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 202_ by
Glenwood Two, LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property (`Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is a multi -parcel assemblage located at 0, 615/617, 621/623, &
701 Hillsborough Street, and 0 West Morgan Street, Raleigh, Wake County. It is comprised of
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approximately 1.95 acres. The previous uses included two automotive service stations and other
commercial office uses. The Prospective Developer is redeveloping the Brownfields Property for
no uses other than restaurant, retail, office, and subject to the requirements of subparagraph 121.
of the Brownfields Agreement, high density residential, and associated parking uses, and subject
to DEQ's prior written approval, other commercial uses.
As described in paragraphs 3 and 12 of Exhibit A hereto, certain portions of the
Brownfields Property were subject to previous land use restrictions recorded in 2017 as part of a
previous brownfields agreement (the Glenwood Properties Brownfields Agreement, Brownfields
Project No. 19078-15-092, the "Glenwood Properties BFA"). The land use restrictions included
below in this Notice supersede and replace the original land use restrictions from the Glenwood
Properties BFA previously recorded for those overlapping portions of the Brownfields Property.
In addition, as described in paragraphs 3 and 12 of Exhibit A hereto, Notices of Residual Petroleum
(NORP) were previously recorded on portions of this Brownfields Property (Wake County
Register of Deeds Book 10970, Page 1179-1185 on August 13, 2004 and Book 17049, Pages 2543-
2548 on February 21, 2008). Both NORPs shall immediately be superseded by the filing of this
Notice.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
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and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 12 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
a. No use may be made of the Brownfields Property other than for restaurant, retail, office, and
subject to the requirements of subparagraph 121. below, high density residential, and associated
parking uses, and subject to DEQ's prior written approval, other commercial uses. For purposes
of this restriction, the following definitions apply:
i. "Restaurant" is defined as a commercial business establishment that prepares and
serves food and beverages to patrons.
ii. "Retail" is defined as the sale of goods or services, products, or merchandise directly
to the consumer or businesses and includes showrooms, personal service, and the sales of food
and beverage products.
iii. "Office" is defined as the provision of business or professional services.
iv. "High Density Residential" is defined as permanent dwellings where residential units
are attached to each other with common walls, such as condominia, apartments, group homes,
dormitories or boarding houses, and any property outside the dwelling structures is usable by all
residents and not privately owned as part of a particular unit (e.g., privately -owned courtyards
are prohibited), and may include related amenities, such as pools, clubhouses, courtyards,
common areas, recreation areas and parking garages.
v. "Parking" is defined as the temporary accommodation of motor vehicles in an area
designed for same.
vi. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee.
b. Physical redevelopment of the Brownfields Property may not occur other than in accord, as
determined by DEQ, with an Environmental Management Plan ("EMP") approved in writing by
DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent
redevelopment phase) that is consistent with all the other land use restrictions and describes
redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and
addresses health, safety and environmental issues that may arise from use of the Brownfields
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Property during construction or redevelopment in any other form on the Brownfields Property,
including without limitation:
i. soil and water management issues, including without limitation those resulting from
contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the testing of soil and
groundwater, newly discovered potential sources of environmental contamination (e.g., USTs,
tanks, drums, septic drain fields, oil -water separators, soil contamination); and
iv. plans for the proper characterization of and, as necessary, disposal of contaminated
soils excavated during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this Agreement
for as long as physical redevelopment of the Brownfields Property continues (except that the
final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner
of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment -related activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with this Section V: Work to
be Performed;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis
and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be
contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated materials (for example,
concrete, demolition debris) from the Brownfields Property (copies of all legally required
manifests shall be included).
d. Groundwater at the Brownfields Property may not be used for any purpose without the prior
written approval of DEQ.
e. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ
states in writing, in advance of the proposed activity, that said activity may occur if carried out
along with any measures DEQ deems necessary to ensure the Brownfields Property will be
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suitable for the uses specified in subparagraph 12.a. above while fully protecting public health
and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written
notice at least seven days in advance of a scheduled repair (if only by email) of any such repair,
or in emergency circumstances no later than the next business day, and that any related
assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved Environmental
Management Plan (EMP) as outlined in subparagraph 12.b. above.
f. Soil may not be removed from, or brought onto, the Brownfields Property without prior
sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted
in accordance with an approved EMP as outlined above in subparagraph 12.b.
g. No enclosed building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 16 below, may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building's users, public health and the
environment from risk of vapor intrusion based on site assessment data or a site -specific risk
assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from the Brownfields Property's
groundwater and/or soil contamination based on assessment data approved in writing by DEQ
that the building's users, public health and the environment will be protected from risk from
vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are designed, installed and/or implemented in a
manner that will fully protect public health to the satisfaction of a professional engineer licensed
in North Carolina, as evidenced by said engineer's professional seal on a report that includes
photographs and a description of the installation and performance of said measures, and to
DEQ. Any design specification for vapor intrusion mitigation measures shall be approved in
writing by DEQ in advance of installation and/or implementation of said measures. The design
specifications shall include methodology(ies) for demonstrating performance of said measures.
h. Residential occupancy is prohibited until sampling occurs and demonstrates to DEQ's written
satisfaction that residential use is suitable based on applicable environmental risk determinations.
Prospective Developer shall conduct such sampling prior to any residential occupancy and it
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shall be performed in accordance with a work plan approved in advance by DEQ and to DEQ's
written satisfaction, and results must be submitted to DEQ for review no less than 30 days prior
to requested occupancy date.
i. Neither DEQ, nor any party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of
conducting such assessment or remediation, which is to be conducted using reasonable efforts to
minimize interference with authorized uses of the Brownfields Property.
j. Any deed or other instrument conveying an interest in the Brownfields Property shall contain
the following notice: "This property is subject to the Brownfields Agreement attached as Exhibit
A to the Notice of Brownfields Property recorded in the Wake County land records, Book ,
Page " A copy of any such instrument shall be sent to the persons listed in Section XV
(Notices and Submissions), though financial figures and other confidential information related to
the conveyance may be redacted to the extent said redactions comply with the confidentiality and
trade secret provisions of the North Carolina Public Records Law. The owner conveying an
interest may use the following mechanisms to comply with the obligations of this subparagraph:
(i) If every lease and rider is identical in form, the owner conveying an interest may provide
DEQ with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu
of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and
Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XV.
k. None of the contaminants known to be present in the environmental media at the Brownfields
Property, as described in Exhibit 2 of this Agreement and as modified by DEQ in writing if
additional contaminants in excess of applicable standards are discovered at the Brownfields
Property, may be used or stored at the Brownfields Property without the prior written approval of
DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and maintenance
activities;
ii. as constituents of products and materials customarily used and stored in retail,
restaurant, office, high density residential, and associated parking environments, provided such
products and materials are stored in original retail packaging and used and disposed of in
accordance with applicable laws; and
iii. as constituents of fuels, lubricants and oils in emergency generators in on -board tanks
totaling no more than 500 gallons, or in machinery, equipment and vehicles in on -board tanks
integral to said equipment or in flammable liquid storage containers totaling no more than 25
gallons.
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1. The Brownfields Property may not be used for childcare (as that term is defined under NCGS
§ 110-86(2)), adult care centers or schools, except post -secondary schools, without the prior
written approval of DEQ.
in. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in
relation to particular buildings, demolition and/or renovation of any or all buildings on the
Brownfields Property depicted on the plat component of the Notice referenced in paragraph 16
below shall be in accordance with applicable legal requirements, including without limitation
those related to lead and asbestos abatement that are administered by the Health Hazards Control
Unit within the Division of Public Health of the North Carolina Department of Health and
Human Services.
n. Within 60 days after the effective date of this Agreement or prior to land disturbance
activities, whichever occurs first, Prospective Developer shall abandon monitoring wells,
injection wells, recovery wells, piezometers and other man-made points of groundwater access at
the Brownfields Property in accordance with Subchapter 2C of Title 15A of the North Carolina
Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after
doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and
results.
o. The owner of any portion of the Brownfields Property where any existing, or subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants
shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time
period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing
by DEQ in advance.
p. During January of each year after the year in which the Notice referenced below in paragraph
16 is recorded, the owner of any part of the Brownfields Property as of January 1 st of that year
shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief
public health and environmental officials of Wake County, certifying that, as of said January 1 st,
the Notice of Brownfields Property containing these land use restrictions remains recorded at the
Wake County Register of Deeds office and that the land use restrictions are being complied with.
The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact person's e-
mail address of the owner, or board, association or approved entity submitting the LURU if said
owner (or each of the owners on whose behalf the joint LURU is submitted) acquired any part of
the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address, if said owner (or each of the owners on whose behalf the joint LURU is
submitted) transferred any part of the Brownfields Property during the previous calendar year;
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iii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 12.g.iii. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how; and
iv. A LURU submitted for rental units shall include the rent roll and enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 17 and 18 of this Agreement provided that if standard form leases are
used in every instance, a copy of such standard lease form lease may be sent in lieu of copies of
actual leases.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Unit referenced in subparagraph 35.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.
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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of 1202.
IN
COUNTY
Glenwood Two, LLC
Heritage Properties, Inc., its Managing Member
By: Ryan Blair
V.P. & Secretary of Heritage Properties, Inc.
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
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***********************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Glenwood One Office, LLC
Name typed or printed Date
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal) My commission expires:
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APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Ellen Lorscheider Date
Deputy Director, Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Glenwood Two, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et sue.
Brownfields Project No. 22010-18-092
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
Glenwood Square
0, 615/617, 621/623, & 701
Hillsborough Street
0 W. Morgan Street
Raleigh, Wake County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Glenwood Two, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the "Act") for the property located at 0 Hillsborough Street (Parcel ID 1703-49-3220 and
1703-49-3132), 615/617 Hillsborough Street (Parcel ID: 1703-49-2194), 621/623 Hillsborough
Street (Parcel ID: 1703-49-1193), 701 Hillsborough Street (Parcel ID: 1703-39-9156), and 0 W.
Morgan Street (Parcel ID 1703-49-3006) (the "Brownfields Property"). The Brownfields
Property is bifurcated by S. Boylan Avenue. A map showing the location of the Brownfields
Property that is the subject of this Agreement is attached hereto as Exhibit 1.
The Prospective Developer is Glenwood Two, LLC, a member -managed limited liability
company, headquartered at 501 Fairmount Avenue, Suite 101, Towson, Maryland 21286. Its
manager is Heritage Properties, Inc. of the same address, and Heritage Properties, Inc.'s Vice
President and Secretary is Ryan Blair.
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The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ's Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer's Covenant Not to Sue), the
potential liability of Glenwood Two, LLC for contaminants at the Brownfields Property.
The Parties agree that Glenwood Two, LLC's entry into this Agreement, and the actions
undertaken by Glenwood Two, LLC in accordance with the Agreement, do not constitute an
admission of any liability by Glenwood Two, LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit Glenwood Two, LLC shall
provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. `Brownfields Property" shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean Glenwood Two, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement,
which presents data table(s) of the contaminants present at the Brownfields Property at
2
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concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
0 Hillsborough Street (Parcel ID 1703-49-3220 and 1703-49-3132)
615/617 Hillsborough Street (Parcel ID: 1703-49-2194)
Parcel Address(es)
621/623 Hillsborough Street (Parcel ID: 1703-49-1193)
& Parcel IDs
701 (also formerly includes 709) Hillsborough Street (Parcel ID: 1703-
39-9156)
0 W. Morgan Street Parcel ID 1703-49-3006
Acreage
1.95 acres
Current Property
Owner
Glenwood Two, LLC and Glenwood One Office, LLC
The Brownfields Property is currently under construction: 1) a parking
Current Land Use(s)
deck with associated retail space on the parcel west of S. Boylan
Avenue; and 2) an office building, retail structures and courtyard on
the parcels located east of S. Boylan Avenue.
Primarily commercial with residential to the south, east and west, and a
health clinic to the southwest. A Brownfields Agreement (Glenwood
Properties, BF Project No. 19078-15-092) has been recorded (Wake
County Register of Deeds, Book 16690, Page 2621) for the property to
Site Vicinity Land
the immediate east and southeast, which includes high density
Use(s)
residential, hotel, heath institution, office, parking, restaurant, retail
uses, and with prior written DEQ approval, other commercial uses.
Due to property line changes, small portions of that property originally
under that agreement are superseded by, and are now under, this
Agreement.
No use may be made of the Brownfields Property other than for
restaurant, retail, office, and, subject to the requirements of
Proposed Reuse(s)
subparagraph 121. of this Agreement, high density residential, and
associated parking uses, and subject to DEQ's prior written approval,
other commercial uses. The redevelopment is named "Bloc 83".
Public Benefits of
Increased tax base, an estimated 103 constructions jobs, 5 permanent
Reuse
building management jobs, and a revitalized depressed area with an
estimated 1,100 workers in the building.
The parcel located immediately east of S. Boylan Avenue at 621/623
Hillsborough Street (Parcel ID 1703-49-1193) was under the
Existing Land Use
jurisdiction of the NC DEQ Underground Storage Tank (UST) Section,
Restrictions Prior to
although a Notice of No Further Action was issued on August 13, 2004
Brownfields
following recordation of a Notice of Residual Petroleum (NORP) on
Agreement
August 13, 2004. The NORP prohibits use of groundwater on the
property, which is also a land use restriction of this Brownfields
Agreement; therefore, these two land use restrictions are not in conflict
Glenwood Square/22010-18-092/10NoQ020

BROWNFIELDS PROPERTY INFORMATION SUMMARY
and the NORP will be superseded by this recordation of this
Brownfields Agreement as detailed in paragraph 12 below.
The parcel located immediately west of S. Boylan Avenue at 701
Hillsborough Street is subject to a NORP that was recorded on
February 21, 2018 (Wake County Register of Deeds Book 17049/Page
2543) for the former Allen's Automotive operation. The NORP
prohibits use of groundwater on the property, which is also a land use
restriction of this Brownfields Agreement; therefore, these two land
use restrictions are not in conflict and the NORP will be superseded by
this recordation of this Brownfields Agreement as detailed in paragraph
12 below.
As noted above, the eastern adjacent property is subject to a recorded
Brownfields Agreement (Brownfields Project Name: Glenwood
Properties Brownfields Project, Brownfields Project No. 19078-15-
092). As detailed in paragraph 12 below and as shown on Exhibit B,
small portions of three parcels along the eastern edge of the
Brownfields Property assigned the addresses of 0 Hillsborough Street
and 0 W. Morgan Street, and referenced as Parcel IDs: 1703-49-3220,
1703-49-3132 and 1703-49-3006, respectively, are currently part of the
adjacent Brownfields Property to the east, which will be superseded by
this Agreement, once it is recorded.
ENVIRONMENTAL INFORMATION SUMMARY
Earliest available records indicate that the Brownfields Property was
developed with multiple dwellings by 1909. Portions of the
Brownfields Property have been developed with a gasoline filling
station, apartments, and a bank by the 1950s; another gasoline station
between 1950 and 1966; and an automobile repair shop by the 1980s,
among other various commercial uses. Prior to demolition activities by
Historical
the Prospective Developer, the last uses of the Brownfields Property
Operations &
included vacant retail and office buildings, asphalt parking areas, a
Contaminant
restaurant, a residence, office space, a stereo shop, a bar, and
Sources
automobile repair.
Documented releases are associated with two parcels of the
Brownfields Property including the eastern portion of the parcel
located at 621/623 Hillsborough Street, which was developed with a
gasoline filling station by 1950 until approximately 1984, when it was
converted into an automobile repair shop that closed in 1993 (formerly
Glenwood Square/22010-18-092/10NoQ020

ENVIRONMENTAL INFORMATION SUMMARY
Tao Automotive). The other documented release is associated with the
western portion of the parcel located at 701 Hillsborough Street, which
was developed with a gasoline station from approximately 1972 to
1982, when it was converted to an automotive repair shop that closed
in 2017 (Allen's Automotive).
Contaminant sources include at least 8 petroleum USTs ranging in
capacity from 550-gallons to 3,000 gallons located at the former onsite
gasoline stations.
The portion of the Brownfields Property west of S. Boylan Avenue is
currently under construction for a parking garage with retail space (701
Hillsborough Street, Parcel ID: 1703-39-9156). The portion of the
Current
Brownfields Property east of S. Boylan Avenue is currently under
Operations/Activities
construction for an office building, retail structures and courtyard (0,
615/617, and 621/623 Hillsborough Street, and 0 West Morgan Street,
with Parcel IDs: 1703-49-3220 &170349-3132, 1703-49-2194, 1703-
49-1193, and 1703-49-3006, respectively.)
Soil: Volatile organic compounds (VOCs) and metals in excess of
applicable screening levels. Soil contamination is limited to petroleum -
related compounds associated with historical uses including two
gasoline stations/automotive repair shops.
Groundwater: Historically VOCs consistent with petroleum -related
contamination; however, most recent sampling event indicated that
only naphthalene was detected in excess of its NC 2L groundwater
Contaminated Media
standard.
Sub -Slab Soil Vapor: To date, no sub -slab soil vapor samples have
exhibited contaminants above residential or non-residential screening
levels.
Indoor Air: Not sampled due to sub -slab vapor results.
Surface Water/Sediment: Not applicable to this Brownfields Property.
UST Incident No. 11083
UST Incident No. 46181
ID Numbers/Permits
As noted above the adjacent property to the east has a recorded
Brownfields Agreement (Brownfields Project Name: Glenwood
Properties Brownfields Project, Brownfields Project No. 19078-15-
Glenwood Square/22010-18-092/10NoQ020

ENVIRONMENTAL INFORMATION SUMMARY
092). As detailed in paragraph 12 below and as shown on Exhibit B,
small portions of three parcels along the eastern edge of the
Brownfields Property assigned the addresses of 0 Hillsborough Street
and 0 W. Morgan Street, and referenced as Parcel IDs: 1703-49-3220,
1703-49-3132, and 1703-49-3006, respectively, are currently part of
the east adjacent Brownfields Property; however, this Agreement will
supersede that previously recorded agreement for those small portions
of the Brownfields Property.
Onsite Receptors
Construction workers and non-residential workers. Residential
Considered
receptors will be assessed when a request is made to DEQ for
residential use as detailed in subparagraph 12.h.
i. Water supply wells: No known water supply wells.
Potential Offsite
ii. Residential structures, churches, or childcare centers: No known
Receptors
churches or childcare centers within 1,000 feet of the Brownfields
Considered
Property. The nearest residence has a basement and is located
approximately 200 feet south of the Brownfields Property.
iii. Surface water: No known surface water bodies.
Groundwater: Not identified at this time based on readily available
Potential offsite
data.
migration pathways
Soil Vapor: Not identified at this time based on readily available data.
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Preliminary Evaluation of Possible
Withers & Ravenel
Hydrocarbon Contamination
Environmental
July 1992
Engineering, Inc.
Report of Underground Storage Tank
East Coast
July 30, 1993
Closure
Environmental, P.A.
Comprehensive Site Assessment
East Coast
Environmental, P.A.
September 30, 1994
Aquifer Testing Results
Geo-Solutions, Inc.
August 10, 1994
N
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Title
Prepared by
Date of Report
Comprehensive Site Assessment Review
East Coast
Environmental, P.A.
August 4, 1995
Corrective Action Plan
East Environmental,
August 4, 1995
P.A.
Corrective Action Plan
Environmental
June 1, 1995
Consulting, Inc.
Corrective Action Plan
East Coast
Environmental, P.A.
August 31 1995
g '
Soil Vapor Extraction (SVE) Test Data
ARG Engineering,
April 5, 1995
Inc.
Vapor Extraction System Design Report
ARG Engineering,
July 1995
Inc.
Vapor Extraction System Project
ARG Engineering,
July 1995
Specification
Inc.
Analytical Report
GeoChem, Inc.
December 30, 1994
Analytical Report
GeoChem, Inc.
January 27, 1995
Analytical Report
GeoChem, Inc.
February 17, 1995
Analytical Report
Com uChem
May 25, 2004
Soil Assessment Report
East Coast
P.A.
June
June 16, 2004
Soil Cleanup Report with Site Closure
East Coast
July 23, 2004
Report
Environmental P.A.
Phase I Environmental Site Assessment,
GTA Associates, Inc.
January 12, 2018
623 Hillsborough St. and 11 S. Bo Ian Ave.
Phase I Environmental Site Assessment,
GTA Associates, Inc.
July 11, 2018
621 Hillsborough St.
Phase I Environmental Site Assessment,
GTA Associates, Inc.
July 24, 2018
701 Hillsborough St.
Phase I Environmental Site Assessment,
GTA Associates, Inc.
July 20, 2018
709 Hillsborough St.
Re: Closure of Underground Storage Tanks
GTA Associates, Inc.
December 16, 2019
January 9, 2019,
Phase II Environmental Site Assessment
GTA Associates, Inc.
Revised March 12,
2019
Soil Vapor Sampling — Samples 1-6; Bloc
GTA Associates, Inc.
July 28, 2020
83, Phase 2
Soil Vapor Sampling — Samples 7-9, Bloc
GTA Associates, Inc.
October 9, 2020
83, Phase 2
Glenwood Square/22010-18-092/10NoQ020

IV. PROSPECTIVE DEVELOPER'S INVOLVEMENT
5. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated January 31, 2018, as
updated and amended on March 26, 2018, September 20, 2018, and January 15, 2019, and the
following:
a. Prospective Developer purchased the parcels located at 621/623 Hillsborough
Street (Parcel ID: 1703-49-1193), 615/617 Hillsborough Street (Parcel ID: 1703-49-2194), 0
Hillsborough Street (Parcel IDs 1703-49-3220 and 1703-49-3132) and 0 W. Morgan Street
(Parcel ID: 1703-49-3006), and 701 Hillsborough Street (Parcel ID: 1703-39-9156) on December
19, 2019, September 2, 2019, September 2, 2019, and September 3, 2019, respectively.
b. Since purchasing the Brownfields Property, the Prospective Developer has
performed demolition activities of the previous structures and grading of the Brownfields
Property in preparation for construction of an office building on the parcels located east of South
Boylan Avenue and a parking garage with associated retail space on the parcel located west of
South Boylan Avenue. Demolition, grading, and construction activities have been performed
under an Environmental Management Plan as referenced in subparagraph 12.b. below that was
approved on May 28, 2019.
6. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
Glenwood Square/22010-18-092/10NoQ020

demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
0
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required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property and elimination of the
drawbacks of unoccupied property;
b. an increase in the Brownfields Property's productivity;
c. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
d. the creation of an estimated 103 constructions jobs, 5 permanent building
management jobs, and a revitalized depressed area with an estimated 1,100 workers in the
building.
e. an increase in tax revenue for affected jurisdictions;
f. additional restaurant, retail, office, high density residential (subject to the
requirements of subparagraph 12.h. of this Agreement), associated parking, and subject to DEQ's
prior written approval, other commercial space for the area;
g. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; and
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h. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
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subject to Section XI of this Agreement (DEQ's Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 12.b. below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
As referenced in paragraph 3 above, the western portion of the parcel located at 621/623
Hillsborough Street (Parcel ID: 1703-49-1193) has a closed -out UST incident (Incident #11083)
that was issued a Notice of No Further Action dated August 13, 2004 following recordation of a
Notice of Residual Petroleum. The Notice of Residual Petroleum, previously recorded pursuant
to N.C. Gen. Stat. § 14313-279.9 and N.C. Gen. Stat. § 14313-279.11 in the Wake County
Register of Deeds, Book 10970, Page 1179-1185, on August 13, 2004, shall immediately be
SUPERSEDED upon the filing of the Notice of Brownfields Property referenced in paragraph 16
below. As referenced in paragraph 3 above, the western portion of Brownfields Property located
at 701 Hillsborough Street (Parcel ID: 1703-39-9156) has a known petroleum release that was
issued a Notice of No Further Action dated February 21, 2008 following recordation of a Notice
of Residual Petroleum. The Notice of Residual Petroleum, previously recorded pursuant to N.C.
12
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Gen. Stat. § 143B-279.9 and N.C. Gen. Stat. § 143B-279.11 in the Wake County Register of
Deeds, Book 17049, Page 02543-02548, on February 21, 2008, shall immediately be
SUPERSEDED upon the filing of the Notice of Brownfields Property referenced in paragraph 16
below. All references to DEQ shall be understood to include any successor in function. As
referenced in paragraph 3 above and as shown on Exhibit B, small portions of three parcels along
the eastern edge of the Brownfields Property assigned the addresses of 0 Hillsborough Street and
0 W. Morgan Street, and referenced as Parcel IDs: 1703-49-3220, 1703-49-3132, and 1703-49-
3006, respectively, are currently part of the east adjacent Brownfields Property and are subject to
land use restrictions recorded in Wake County as part of a previous brownfields agreement
(Brownfields Project No. 19078-15-092, Wake County Register of Deeds, Book 16690, Page
02621), also shown in Exhibit B. The land use restrictions placed herein SUPERSEDE and
replace the original land use restrictions recorded for the small eastern portions of the above -
referenced parcels with those set forth in this paragraph. All references to DEQ shall be
understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for restaurant,
retail, office, and subject to the requirements of subparagraph 12.h. below, high density
residential, and associated parking uses, and subject to DEQ's prior written approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
i. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
ii. "Retail" is defined as the sale of goods or services, products, or
13
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merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
services.
iii. "Office" is defined as the provision of business or professional
iv. "High Density Residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages.
v. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("BMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form on the
14
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Brownfields Property, including without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
paragraph 3 above;
ii. issues related to potential sources of contamination referenced in
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization of and, as necessary, disposal of
contaminated soils excavated during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment -related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with this
Section V: Work to be Performed;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
15
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laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
d. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
e. No activity that disturbs soil on the Brownfields Property may occur unless
and until DEQ states in writing, in advance of the proposed activity, that said activity may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
16
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Environmental Management Plan (EMP) as outlined in subparagraph 12.b. above.
f. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 12.b.
g. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site -
specific risk assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from the Brownfields
Property's groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building's users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are designed, installed and/or
implemented in a manner that will fully protect public health to the satisfaction of a professional
engineer licensed in North Carolina, as evidenced by said engineer's professional seal on a report
that includes photographs and a description of the installation and performance of said measures,
and to DEQ. Any design specification for vapor intrusion mitigation measures shall be approved
in writing by DEQ in advance of installation and/or implementation of said measures. The
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design specifications shall include methodology(ies) for demonstrating performance of said
measures.
h. Residential occupancy is prohibited until sampling occurs and demonstrates to
DEQ's written satisfaction that residential use is suitable based on applicable environmental risk
determinations. Prospective Developer shall conduct such sampling prior to any residential
occupancy and it shall be performed in accordance with a work plan approved in advance by
DEQ and to DEQ's written satisfaction, and results must be submitted to DEQ for review no less
than 30 days prior to requested occupancy date.
i. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
j. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land
records, Book , Page ." A copy of any such instrument shall be sent to the persons
listed in Section XV (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner conveying an interest may use the following mechanisms to comply with the obligations
M.
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of this subparagraph: (i) If every lease and rider is identical in form, the owner conveying an
interest may provide DEQ with copies of a form lease or rider evidencing compliance with this
subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section
XV (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts of
leases, rather than full copies of said leases, to the persons listed in Section XV.
k. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
in de minimis quantities for cleaning and other routine
housekeeping and maintenance activities;
ii. as constituents of products and materials customarily used and
stored in retail, restaurant, office, high density residential, and associated parking environments,
provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws; and
iii. as constituents of fuels, lubricants and oils in emergency
generators in on -board tanks totaling no more than 500 gallons, or in machinery, equipment and
vehicles in on -board tanks integral to said equipment or in flammable liquid storage containers
totaling no more than 25 gallons.
1. The Brownfields Property may not be used for childcare (as that term is defined
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under NCGS § 110-86(2)), adult care centers or schools, except post -secondary schools, without
the prior written approval of DEQ.
in. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
n. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon monitoring
wells, injection wells, recovery wells, piezometers and other man-made points of groundwater
access at the Brownfields Property in accordance with Subchapter 2C of Title 15A of the North
Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days
after doing so, the Prospective Developer shall provide DEQ a report, setting forth the
procedures and results.
o. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ's written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
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p. During January of each year after the year in which the Notice referenced below
in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of January 1 st
of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Wake County, certifying that, as of said January
1 st, the Notice of Brownfields Property containing these land use restrictions remains recorded at
the Wake County Register of Deeds office and that the land use restrictions are being complied
with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner, or board, association or approved entity submitting the
LURU if said owner (or each of the owners on whose behalf the joint LURU is submitted) acquired
any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile numbers,
and contact person's e-mail address, if said owner (or each of the owners on whose behalf the joint
LURU is submitted) transferred any part of the Brownfields Property during the previous calendar
year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.g.iii. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and,
if so, how; and
iv. A LURU submitted for rental units shall include the rent roll and enough
of each lease entered into during the previous calendar year to demonstrate compliance with lessee
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notification requirements in paragraphs 17 and 18 of this Agreement provided that if standard form
leases are used in every instance, a copy of such standard lease form lease may be sent in lieu of
copies of actual leases.
13. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.i. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
22
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Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property ("Notice") for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VI (Work to Be Performed) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Wake County, North
Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
components of the Notice are recorded, and a copy of the plat with notations indicating its
recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake
County land records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
23
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comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. Prospective Developer may use the following mechanisms to comply with the obligations
of this paragraph: (i) If every lease and rider is identical in form, Prospective Developer may
provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in
lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices
and Submissions); or (ii) Prospective Developer may provide abstracts of leases, rather than full
copies of said leases, to the persons listed in Section XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
24
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other law, and shall immediately notify the DEQ Official referenced in subparagraph 3 La. below
of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated January 31, 2018, as updated and amended on
March 25, 2018, September 20, 2018, and January 15, 2019, by which it applied for this
Agreement. That use is that which is provided in paragraph 12.a. of this Agreement.
Prospective Developer also certifies that to the best of its knowledge and belief it has fully and
accurately disclosed to DEQ all information known to Prospective Developer and all information
in the possession or control of its officers, directors, employees, contractors and agents which
relates in any way to any past use of regulated substances or known contaminants at the
Brownfields Property and to its qualification for this Agreement, including the requirement that
it not have caused or contributed to the contamination at the Brownfields Property.
XI. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
25
Glenwood Square/22010-18-092/10NoQ020

environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
26
Glenwood Square/22010-18-092/tONov2020

unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
27
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XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ's Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Parry's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
10.
Glenwood Square/22010-18-092/tONov2020

28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
29
Glenwood Square/22010-18-092/lONov2020

disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Ryan Blair (or successor in function)
Glenwood Two, LLC
c/o Heritage Properties, Inc.
501 Fairmount Avenue, Suite 101
Towson, MD 21286
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
30
Glenwood Square/22010-18-092/lONov2020

XVIII. EFFECTIVE DATE
32. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section IX
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
34. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
31
Glenwood Square/22010-18-092/tONov2020

claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
32
Glenwood Square/22010-18-092/lONov2020

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Ellen Lorscheider Date
Deputy Director, Division of Waste Management
IT IS SO AGREED:
Glenwood Two, LLC
By:
Heritage Properties, Inc., its Managing Member Date
By: Ryan Blair
Vice President & Secretary of Heritage Properties, Inc.
33
Glenwood Square/22010-18-092/10Nov2020

EXHIBIT 1
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o _ a GEO-TECHNOLOGY ASSOCIATES, INC.
GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS � a Q Q BLOC 83
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PROJECT: 35151659 DATE: DECEMBER 2018 SCALE: 1" = 1,000' DESIGN BY: JWM REVIEW BY: PHH FIGURE: 1

Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on June 23, 2020. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the maximum and/or most recent concentration found at each sample location, and the
applicable standard or screening level. Screening levels and groundwater standards are shown
for reference only and are not set forth as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding
Standard
(µg/L)
Date of
Most
Sampling
(µgo-)
Most RecentStandard
Concentration
(µg/L)
(µg/L)
Benzene
DW-1
2/7/1995
109
2/7/1995
109
1
MW-1
8/19/1993
508
2/7/1995
54.3
MW-2
2/4/1994
55
6/16/1994
31
MW-3
2/4/1994
3,200
2/7/1995
2,240
MW-4
2/4/1994
1
2/7/1995
<0.5
Bis(2-ethylhexyl)
Phthalate
MW-2
11/2/1993
3.4
11/2/1993
3.4
3
Bromodichloromethane
DW-1
6/16/1994
2
2/7/1995
<QL
0.6
Di -Isopropyl Ether
DW-1
2/7/1995
132
2/7/1995
132
70
MW-1
8/19/1993
226
2/7/1995
15.9
MW-2
2/4/1994
71
6/16/1994
<QL
MW-3
2/4/1994
960
2/7/1995
417
1,2-Dichloroethane
DW-1
2/7/1995
12.9
2/7/1995
12.9
0.4
MW-1
6/16/1994
18
2/7/1995
5.6
MW-2
2/4/1994
25
6/16/1994
9
MW-3
2/7/1995
44.2
2/7/1995
44.2
1,2-Dichloropropane
DW-1
2/7/1995
2
2/7/1995
2
0.6
MW-2
2/4/1994
2
6/16/1994
<QL
MW-3
2/4/1994
2
2/7/1995
<2.5
Glenwood Square/22010-18-092/05Nov2020

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding
Standard
�µg/L)
Date of
Most
Sampling
(µg/L)
Most Recent
Concentration
�µg/L)
Standard
(µg/L)
Ethylbenzene
MW-3
2/4/1994
4,400
2/7/1995
3,370
600
Lead
DW-1
6/16/1994
19
6/16/1994
19
15
MW-1
8/19/1993
15
6/16/1994
10
MW-2
8/19/1993
27
6/16/1994
<QL
MW-3
6/16/1994
21
6/16/1994
21
MW-4
2/4/1994
29
6/16/1994
12
MW-5
6/16/1994
64
6/16/1994
64
Methylene Chloride
MW-1
11/2/1993
49
6/16/1994
<QL
5
Methyl tert-butyl ether
MW-1
8/19/1993
1,538
2/7/1995
416
20
MW-2
6/16/1994
860
6/16/1994
860
MW-3
6/16/1994
950
2/7/1995
618
Naphthalene
DW-1
2/7/1995
10
2/7/1995
10
6
GTA-031
11 /7/2018
110
11 /7/2018
110
MW-1
11/2/1993
9.3
2/7/1995
<0.6
MW-3
11/2/1993
410
2/7/1995
366
Toluene
MW-3
2/4/1994
17,000
2/7/1995
15,100
600
Total Xylenes
MW-3
2/4/1994
16,000
2/7/1995
1 14,500
1 500
NS — No standard established
<QL — Not detected above the laboratory quantitation limit
'Note that GTA-03 is near historical well MW-3 that in 1993 had a naphthalene detection of 410 ug/L.
Glenwood Square/22010-18-092/05Nov2020
2

GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management
July 2020 version):
Groundwater
Concentration
Residential VI
Contaminant with
Sample
Date of
Exceeding
Screening
Potential for Vapor
Location
Sampling
Screening
Level
Intrusion
Level (µg/L)
(µg/L)
DW-1
2/7/1995
109
MW-1
2/7/1995
54.3
Benzene
16
MW-2
6/16/1994
31
MW-3
2/7/1995
2,240
1,2-Dichloroethane
MW-3
2/7/1995
44.2
22
Eth lbenzene
MW-3
2/7/1995
3,370
35
GTA-032
11 /7/2018
110
Naphthalene
46
MW-3
2/7/1995
366
Toluene
MW-3
2/7/1995
15,100
3,800
Total X lenes
MW-3
2/7/1995
14,500
77
' Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
Note that GTA-03 was installed near historical well MW-3
Glenwood Square/22010-18-092/05Nov2020

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2020 version):
Soil
Contaminant2
Sample
Location
Depth (ft)
Date
of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Arsenic
GTA-1
Unknown
9/5/2019
2.9
0.68
GTA-2
Unknown
9/5/2019
3.2
GTA-02
11
11/7/2018
0.87
GTA-3
Unknown
9/5/2019
2.9
GTA-4
Unknown
9/5/2019
2.2
GTA-5
Unknown
9/5/2019
3.5
GTA-6
Unknown
9/5/2019
2.1
GTA-06
12
11 /7/2018
1.3
GTA-7
Unknown
9/5/2019
1.1
GTA-07
12
11 /8/2018
1.7
GTA-8
Unknown
9/5/2019
2.2
GTA-9
Unknown
9/5/2019
2.2
GTA-09
24
11 /7/2018
1.1
GTA-10
Unknown
9/5/2019
2.3
GTA-L 1
Unknown
9/ 12/2019
4.45
GTA-L2
Unknown
9/17/2019
3.61
GTA-L3
Unknown
9/17/2019
2.9
GTA-L4
Unknown
9/17/2019
3.71
GTA-S1
Unknown
9/13/2019
2.78
GTA-S2
Unknown
9/13/2019
3.23
GTA-S3
Unknown
9/13/2019
3.57
GTA-S4
Unknown
9/13/2019
3.02
GTA-S5
Unknown
9/13/2019
3.76
GTA-S6
Unknown
9/13/2019
3.64
GTA-S7
Unknown
9/17/2019
2.02
GTA-S8
Unknown
9/17/2019
2.59
GTA-S9
Unknown
9/17/2019
3.52
GTA-S10
Unknown
9/17/2019
3.05
GTA-S 11
Unknown
10/3/2019
2.18
GTA-S 12
Unknown
10/3/2019
2.53
GTA-S 13
Unknown
10/3/2019
2.15
GTA-S 14
Unknown
10/3/2019
4.79
Glenwood Square/22010-18-092/05Nov2020
4

Soil
Contaminant2
Sample
Location
Depth (ft)
Date
of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Arsenic
GTA-S 15
Unknown
10/3/2019
3.32
0.68
GTA-S 16
Unknown
10/3/2019
4.12
GTA-USTI-BI
9
9/13/2019
1.66
GTA-USTI-B2
9
9/13/2019
2.35
GTA-UST2-BI
9
9/13/2019
3.92
GTA-UST2-B2
9
9/13/2019
2.07
GTA-UST3-BI
9
9/13/2019
2.00
GTA-UST3-B2
9
9/13/2019
1.38
GTA-UST4-B1
9
9/13/2019
2.31
GTA-UST4-B2
9
9/13/2019
2.00
GTA-UST5-B1
9
9/17/2019
3.21
GTA-UST5-B2
9
9/17/2019
2.59
GTA-UST6-B 1
15
10/3/2019
1.54
GTA USTI-B 1
15
10/3/2019
3.57
GTA-UST8-B 1
15
10/3/2019
1.92
Chromium, Hexavalent
GTA-03
22
11/7/2018
0.76
0.31
4,6-Dinitro-2-
meth 1 henol
GTA UST8-B1
15
10/3/2019
0.306
NS
Eth lbenzene
B-104 14
11-14
5/ 14/2004
29
6.1
4-Isopropyltoluene
B-102 19
16-19
5/6/2004
0.079
NS
B-103 20
17-20
5/6/2004
0.12
B-104 14
11-14
5/6/2004
8.1
B-105 24
21-24
5/14/2004
0.14
GTA-S 14
Unknown
10/3/2019
0.000345J
GTA UST8-B 1
15
10/3/2019
0.00904
3-Methylcholanthrene
GTA-S14
Unknown
10/3/2019
0.224J
0.0055
GTA-S 15
Unknown
10/3/2019
0.228J
Naphthalene
B-103 20
17-20
5/6/2004
2.9
2.1
B-104 14
11-14
5/ 14/2004
76
B-105 24
21-24
5/ 14/2004
3.3
Oil & Grease
B-8, S-1
8.5-10
8/12/1993
29
NS
T-1, Composite
8
6/29/1993
12,257
T-1, S-1
8
6/29/1993
120
T-1, S-2
8
6/29/1993
10,299
WO-1
12
8/6/1994
43.5
Petroleum
hydrocarbons, C9-C 12
Ali hatics
B-102 19
16-19
5/6/2004
120
20
Glenwood Square/22010-18-092/05Nov2020

Soil
Contaminant2
Sample
Location
Depth (ft)
Date
of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Petroleum
hydrocarbons, C9-C 12
Aliphatics
B-103 20
17-20
5/6/2004
280
20
B-10414
11-14
5/14/2004
300
B-104 24
21-24
5/14/2004
170
B-105 24
21-24
5/14/2004
180
Petroleum
hydrocarbons, C9-C 10
Aromatics
B-102 19
16-19
5/6/2004
64
20
B-103 20
17-20
5/6/2004
130
B-104 14
11-14
5/14/2004
170
B-104 24
21-24
5/14/2004
89
B-105 24
21-24
5/14/2004
83
TPH GRO
HA-2
2
7/21/1992
563
3
50
HA-4
6
7/21/1992
2,090
T-2, S-2
20
7/1/1993
3,495
T-3, S-1
20
7/1/1993
1,963
T-3, S-2
20
7/1/1993
95
T-4, S-1
20
7/1/1993
554
T-4, S-2
20
7/1/1993
579
Random-2
15
7/1/1993
698
VP-14
8.5-10
12/21/1994
153
VP-1
18.5-20
12/21/1994
3,590
Total X lenes
B-104 14
11-14
5/14/2004
120
120
1,1,2-Trichloroethane
B-104-14DL
11-14
5/14/2004
16
0.32
1,2,4-Trimeth lbenzene
B-104 14
11-14
5/14/2004
240
63
1,3,5-Trimeth lbenzene
B-104 14
11-14
5/14/2004
70
56
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for
carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
ZCertain constituents are not reported in this table; however, the laboratory reporting limit exceeds the residential screening level
for that constituent. This applies to certain polynuclear aromatic compounds (PAHs) such as benzo(a)pyrene and
dibenz(a,h)anthracene, for example.
3NCDEQ UST Section Action Level
'VP-1 results are reported under sample name VP -A on the analytical report
NS — No established screening level
J — Estimated value between method detection limit and laboratory reporting limit
TPH-GRO — Total Petroleum Hydrocarbons — Gas Range Organics
Glenwood Square/22010-18-092/05Nov2020

SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2020 version):
Sub -Slab Vapor
Contaminant2
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level
Residential
Screening
Level
/m3
Chloroform
GTA-VS-6
6/23/2020
63.5
41
Cis-1,2-Dichloroethene
GTA-VS-3
6/23/2020
10.3
NS
Ethyl Alcohol
GTA-VS-1
6/23/2020
249
NS
GTA-VS-2
6/23/2020
345
GTA-VS-3
6/23/2020
251
GTA-VS-3D3
6/23/2020
245
GTA-VS-4
6/23/2020
119
GTA-VS-S
6/23/2020
90.4
GTA-VS-6
6/23/2020
59.5
GTA-VS-7
9/16/2020
139
GTA-VS-BA
9/16/2020
62.2
GTA-VS-BB
9/16/2020
58.6
GTA-VS-93
9/16/2020
128
4-Ethyltoluene
GTA-VS-2
6/23/2020
3.24
NS
GTA-VS-3D3
6/23/2020
2.51
GTA-VS-7
9/16/2020
8.80
Trichloroethene
GTA-SV-3
11/7/2018
20
14
Trichlorofluoromethane
GTA-SV-4
11/7/2018
2.9
NS
GTA-VS-I
6/23/2020
4.88
GTA-VS-2
6/23/2020
68
GTA-VS-3
6/23/2020
12.9
GTA-VS-3D3
6/23/2020
14.1
GTA-VS-S
6/23/2020
5.28
GTA-VS-6
6/23/2020
5.73
2,2,4-Trimeth 1 entane
GTA-VS-S
6/23/2020
7.01
NS
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
NS — No screening level established
2Although the constituent naphthalene is not reported in this table, the laboratory reporting limit for
naphthalene was 3.02 µg/m3, which exceeds the residential screening level of 2.8 µg/m3
3The samples GTA-VS-31) and GTA-VS-9 are invalid as the pressure on receipt by the laboratory was
reported by the laboratory to be 0.0 inches Hg.
Glenwood Square/22010-18-092/05Nov2020

SOTL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2020 version):
Concentration
Residential
Soil Gas Contaminant
Sample
Date of
Exceeding
Screening
Location
Sampling
Screening
Level
Level
/m3
Cis-1,2-Dichloroethene
GTA-SV-6
11/8/2018
5.5
NS
2,2,4-Trimeth 1 entane
GTA-SV-6
11/8/2018
70
NS
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
NS — No screening level established
Glenwood Square/22010-18-092/05Nov2020

I, RONALD T. FREDERICK, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION FROM
DEED DESCRIPTION RECORDED IN BOOK AND PAGE LAS_SHOWN�_; THAT
THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AND DRAWN
FROM INFORMATION FOUND IN BOOK AND PAGE ___AS SHOWN) ; THAT THE
RATIO OF PRECISION AS CALCULATED IS 1: 134 308 ; AND THAT THIS PLAT
WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS
MY ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS
DAY OF
A.D. 20__.
I HEREBY CERTIFY THAT THIS PLAT IS OF THE FOLLOWING TYPE: G.S. 47-30
(f)(11)(d). THIS SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE
RECOMBINATION OF EXISTING PARCELS, A COURT —ORDERED SURVEY, OR
OTHER EXCEPTION TO THE DEFINITION OF SUBDIVISION.
RONALD T. FREDERICK PLS L-4720
NOT FORT RECORDATION
CONVEYANCES OR SALES
GENERAL NOTES:
1. THIS IS A SURVEY OF AN EXISTING PARCEL(S) OF LAND. THIS IS A
BROWNFIELDS SURVEY.
2. BEARINGS FOR THIS SURVEY ARE BASED ON NC GRID NAD 83(2011).
3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.
4. ZONING: NX-7—UL—CU
5. AREA BY COORDINATE GEOMETRY.
6. FLOOD NOTE: THIS PROPERTY IS NOT LOCATED IN A SPECIAL FLOOD HAZARD
ZONE. IT IS LOCATED IN ZONE "X" AS DEFINED BY F.E.M.A F.I.R.M COMMUNITY
PANEL #3720170300J DATED MAY 2, 2006.
7. REFERENCES: AS SHOWN
8. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE
APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE
TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS USED TO PREPARE
THE PLAT ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS
PROPERTY.
9. CHANGES TO THE RIGHT OF WAY OF HILLSBOROUGH STREET AND SOUTH
BOYLAN AVENUE HAVE RESULTED IN CERTAIN SAMPLE LOCATIONS PLOTTING
OUTSIDE THE BROWNFIELD PROPERTY BOUNDARY.
I
NAD GRID (NAD83 2011)
I I
N/F
I
I
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WILLIAMS—CROSS
I
I
INVESTMENT CO. INC.
I
PIN:1703399454 I
D.B. 1408, PG. 569
I HILLSBOROUGH 630, LLC.
PIN:1703491348 I
N/F
MAHLON AYCOCK, ET.AL.
N/F
H.S.A.L.P.
I N/F
I
D.B. 16997, PG. 1152
PIN:1703492349 I
D.B. 2790, PG. 13
PIN:1703493325
THE BAR STOOL INC.
I
D.B. 4908, PG. 342
PIN3828,
I I
y
PG. 1
D.B. 13828, PG. 1200
N/F
THE JUNIOR LEAGUE OF
RALEIGH INC
PIN:1703397175
D.B. 12630, PG. 838
0
GLENWOOD TWO, LLC.
PIN:1703399156
N/F
SAMIH YEHIA
PIN:1703399004
D.B. 15864, PG. 676
N/F
700 WEST MORGAN LLC
PIN:1703490004
D.B. 11755, PG. 933
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HILLSBOROUGH STREET
VARIABLE WIDTH PUBLIC R/W
W. MORGAN STREET
VARIABLE WIDTH PUBLIC R/W
N/F
CROCKER FAMILY
PROPERTIES, LLC
PIN:1703481885
D.B. 16759, PG. 165
N/F
RALEIGH HOTEL
GROUP, LLC
PIN:1703484920
D.B. 16986, PG. 2031
r-----7
N/F
PETER BOUGADES, ET.AL.
' PIN:1703495196
I
' N/F
PETER BOUGADES, ET.AL.
PIN:1703495067
L
0
BROWNFIELDS PROPERTY
J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
www.mcadamsco.com
OWNERS
GLENWOOD TWO, LLC.
GLENWOOD ONE OFFICE, LLC
PROSPECTIVE DEVELOPER
GLENWOOD TWO, LLC.
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NO. DATE
1 ... ...
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PLAN INFORMATION
PROJECT NO. HTG-18010
FILENAME HTG17000.F1B
CHECKED BY RTF
DRAWN BY
SCALE
DATE
SHEET
DJ M
1"-20'
10/20/2020
SHEET
1OF5

I HEREBY CERTIFY THAT THIS PLAT IS OF THE FOLLOWING TYPE: ,,�� CA SSO
G.S. 47-30 (f)(11)(d). THIS SURVEY IS OF ANOTHER CATEGORY, ., ,`
SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A ••�,�.•FE104• '
COURT —ORDERED SURVEY, OR OTHER EXCEPTION TO THE •••P p 9 `�F.
DEFINITION OF SUBDIVISION.
RONALD T. FREDERICK PLS L-4720
PRELIMINARY PLAT
NOT FOR RECORDATION
CONVEYANCES OR SALES
THE JUNIOR LEAGUE OF
INC
711 HIRLLSBOROUGH ST.
PIN: 1703397175
D.B. 12630, PG. 838
PROPERTY LINE TABLE
LINE
BEARING
DISTANCE
L6
S 87°03'40" E
11.00'
0.
�oQSUR
p T
PROPERTY CURVE TABLE
CURVE
RADIUS
ARC LENGTH
CHORD BEARING
CHORD LENGTH
C2
1045.00'
20.05'
S 86°30'41" E
20.05'
BROWNFIELD WEST PARCEL
32,718 SQ.FT. OR 0.75 AC.
HILLSBOROUGH STREET
VARIABLE WIDTH PUBLIC R/W
I
SAMIH/YEHIA I N/F
704 W. MORGAN ST. 700 WEST MORGAN LLC
PIN:1703399004 700 W. MORGAN ST.
D.B. 15864, PG. 676 PIN:1703490004
D.B. 11755, PG. 933
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QJ
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NAD GRID (NAD83 2011)
LEGEND
OO EXISTING IRON PIPE
■ EXISTING CONCRETE MONUMENT
EXISTING NAIL
® SOIL SAMPLE
(@ MONITORING WELL
® VAPOR SAMPLES
© SOIL GAS SAMPLE
A CALCULATED POINT
XXXX ADDRESS
BROWNFIELDS PROPERTY BOUNDARY
PROPERTY LINE
GRAPHIC SCALE
20 0 10 20 40
1 inch = 20 ft.
J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
www.mcadamsco.com
OWNERS
GLENWOOD TWO, LLC.
GLENWOOD ONE OFFICE, LLC
PROSPECTIVE DEVELOPER
GLENWOOD TWO, LLC.
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REVISIONS
NO. DATE
2 ...
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PLAN INFORMATION
PROJECT NO.
HTG-18010
FILENAME
HTG17000.F1B
CHECKED BY
RTF
DRAWN BY
DJM
SCALE
1"-20'
DATE
10/20/2020
SHEET
SHEET
20F5

I HEREBY CERTIFY THAT THIS PLAT IS OF THE FOLLOWING TYPE: ••••�N -CARO �0
G.S. 47-30 (f)(11)(d). THIS SURVEY IS OF ANOTHER CATEGORY, •••�;
.� PRELIMINARY PLAT
SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A ••• �••F ESS / •. �••
COURT -ORDERED SURVEY, OR OTHER EXCEPTION TO THE I •• NOT FOR RECORDATION
DEFINITION OF SUBDIVISION. ; Q C� r ;10000NVEYANCES OR SALES
RONALD T. FREDERICK PLS L-4720
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GTA-5 ® GTA-1
S 87'03'40" E 238. G1 FA-4 ®\® ® GTA-2
®13-102 ®13-103 160.19' GTA-3
T-4,S-1 ®VP-1
HA-4 (2)® T- ®-2
B.S �1 ® ®)% �3 S-2
RANDOM -2
MW-2
®GTA- VS-6
T-1,S-1
T-1,COMPOSITE® WO-1
®T-1,S-2
®B-8,S-1
® GTA-SV-3
QGTA-VS-2
® GTA-03
PROPERTY LINE TABLE
LINE
BEARING
DISTANCE
L1
N
02*14'23"
E
1.14'
L2
N
87"45'47"
W
5.78'
L3
S
87°03'40"
E
18.47'
L4
N
02*50'13"
E
4.00'
L5
N
02°29'22"
E
2.78'
®GTA-VS-5
®DW-1
GTA-SV-6
ZW-3
GTA-VS-3
®GTA-VS-1
GLENWOOD TWO, LLC.
PIN:1703491193
D.B. 17691, PG. 1681
LOT 1
B.M. 2019, PG. 1373
36,937 SQ.FT.
0.85 AC.
® GTA-SV-4
150.17'
® GTA-6
GTA-10
GTA-9 (9 ® GTA-7
® GTA-8
® GTA-02
®GTA-VS-4
N 87'45'37" W 208.13'(TOTAL)
++++++
++++++
BROWNFIELD EAST PARCEL
52,447 SQ.FT. OR 1.20 AC.
HILLSBOROUGH STREET
VARIABLE WIDTH PUBLIC R/W
0
Ns
m
w
OD
N
Ld
®MW-5
3
59.67'
GLENWOOD TWO, LLC.
PIN:1703492194
D.B. 17691, PG. 1681
LOT 2
B.M. 2019, PG. 1373
7,009 SQ.FT.
0.16 AC.
h
-i 18.65' toL3 J J B� m
GLENWOOD TWO, LLC.
PIN:1703493220
D.B. 17562, PG. 723 o Uj
NORTH RETAIL UNIT 3 Uj a
C.M. 2019, PG. 55
PORTION OF LOT 3 ,o + o F-
B.M. 2019, PG. 1373 �o ++ in
+++ LL- O
^ + + + O z
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+ + ��
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79 55'S9 + ++ + + V)
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41.11'(7-07_ai I +
'�'4++
0° B6
N - -
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N uj ---
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S 87'30'38" E 43.60'
__ �V
e13
103 SQ.FT.
322 SQ.FT
413 SQ.FT.
GLENWOOD ONE OFFICE, LLC.
PIN:1703493132
D.B. 17543, PG. 1915
COMMON ELEMENT
C.M. 2019, PG. 55
PORTION OF LOT 3
B.M. 2019, PG. 1373
o Q - _ - 45 SQ.FT.
w a = - - 405 SQ.FT.
^
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CUM -
PIN:1703493006
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PREVOIUS LIMITS OF BROWNFIELD
1141
D.B. 17562, PG. 723
^
SEE
BROWNFIELDS NOTE THIS PAGE
SOUTH RETAIL UNIT
C.M. 2019, PG. 55
2
PORTION OF LOT 3
s
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B.M. 2019, PG. 1373
=
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29.23'
28.73'
W. MORGAN STREET
VARIABLE WIDTH PUBLIC R/W
PORTION OF BROWNFIELD TO BE ADDED TO
GLENWOOD PROPERTIES BROWNFIELDS AGREEMENT,
NCBP# 19078-15-092, B.M. 2017, PG. 283-284
PORTION OF BROWNFIELD TO BE REMOVED FROM
GLENWOOD PROPERTIES BROWNFIELDS AGREEMENT,
NCBP# 19078-15-092, B.M. 2017, PG. 283-284
N 87'45'18" W 121.27'
LEGEND
OO EXISTING IRON PIPE
■ EXISTING CONCRETE MONUMENT
EXISTING NAIL
® SOIL SAMPLE
® MONITORING WELL
® VAPOR SAMPLES
© SOIL GAS SAMPLE
A CALCULATED POINT
XXXX ADDRESS
BROWNFIELDS PROPERTY BOUNDARY
PROPERTY LINE
N
NAD GRID (NAD83 2011)
S 87'08'07" E 139.14'
LOT 3
B.M. 2019, PG. 1373
38,559 SQ.FT.
0.89 AC.
GLENWOOD ONE OFFICE, LLC.
PIN:1703494102
D.B. 17543, PG. 1915
OFFICE UNIT
C.M. 2019, PG. 55
PORTION OF LOT 3
B.M. 2019, PG. 1373
BROWNFIELD
LINE
TABLE
LINE
BEARING
DISTANCE
131
S
87°08'07"
E
6.44'
B2
S
02°51'53"
W
4.17'
B3
S
10*15'28"
W
5.82'
B4
S
79°55'59"
E
12.40'
B5
S
02°29'22"
W
1.24'
B6
S
81 `49'57"
E
10.14'
B7
S
02°51'53"
W
14.59'
B8
S
71 °32'53"
E
3.05'
B9
S
17*55'19"
W
9.74'
B10
N
87°08'07"
W
0.41'
B11
S
02°51'53"
W
3.28'
B12
S
17°51'53"
W
15.06'
B13
N
73°07'49"
W
15.26'
B14
S
16`52'11"
W
13.24'
615
N
73°07'49"
W
0.79'
B16
N
88"07'49"
W
2.00'
B17
S
01'52'11"
W
4.85'
GRAPHIC SCALE
20 0 10 20 40
1 inch = 20 ft.
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MCADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
www.mcadamsco.com
OWNERS
GLENWOOD TWO, LLC.
GLENWOOD ONE OFFICE, LLC
PROSPECTIVE DEVELOPER
GLENWOOD TWO, LLC.
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REVISIONS
NO. DATE
1 ...
...
2 ...
...
PLAN INFORMATION
PROJECT NO.
HTG-18010
FILENAME
HTG17000.F1B
CHECKED BY
RTF
DRAWN BY
DJM
SCALE
1"-20'
DATE
10/20/2020
SHEET
SHEET
30F5

I HEREBY CERTIFY THAT THIS PLAT IS OF THE FOLLOWING TYPE: ���0""•■'�A
G.S. 47-30 (f)(11)(d). THIS SURVEY IS OF ANOTHER CATEGORY, • CA•R�
SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A O ;•0 O.
�• �FESS/ 1
COURT -ORDERED SURVEY, OR OTHER EXCEPTION TO THE �• `�..�.• O
DEFINITION OF SUBDIVISION. - _Q� ^r.
RONALD T. FREDERICK PLS L-4720
20
Off• V
,a�_'_� .
LAND USE RESTRICTIONS
FOR THE PURPOSES OF N.C.G.S. § 130A-310.351
ELLEN LORSCHEIDER, DEPUTY DIRECTOR
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
NCGS 130A-310.35(A) REQUIRES RECORDATION OF A NOTICE OF BROWNFIELDS PROPERTY ("NOTICE") THAT IDENTIFIES ANY RESTRICTIONS ON THE CURRENT AND FUTURE USE OF A BROWNFIELDS PROPERTY THAT ARE NECESSARY OR USEFUL TO MAINTAIN THE LEVEL OF PROTECTION APPROPRIATE FOR THE DESIGNATED CURRENT OR FUTURE
USE OF THE PROPERTY AND THAT ARE DESIGNATED IN A BROWNFIELDS AGREEMENT PERTAINING TO THE PROPERTY. THIS SURVEY PLAT CONSTITUTES ONE OF THREE EXHIBITS TO THE NOTICE PERTAINING TO THE BROWNFIELDS PROPERTY DEPICTED ON THIS PLAT AND RECORDED AT THE WAKE COUNTY REGISTER OF DEEDS' OFFICE. THE
EXHIBITS TO THE NOTICE ARE: THE BROWNFIELDS AGREEMENT FOR THE SUBJECT PROPERTY, WHICH IS ATTACHED AS EXHIBIT A TO THE NOTICE; A REDUCED VERSION OF THIS SURVEY PLAT, WHICH IS ATTACHED AS EXHIBIT B TO THE NOTICE; AND A LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY, WHICH IS ATTACHED AS EXHIBIT C TO
THE NOTICE. THE LAND USE RESTRICTIONS BELOW HAVE BEEN EXCERPTED VERBATIM FROM PARAGRAPH 12 OF THE BROWNFIELDS AGREEMENT, AND ALL PARAGRAPH LETTERS/NUMBERS ARE THE SAME AS THOSE USED IN THE BROWNFIELDS AGREEMENT. THE FOLLOWING LAND USE RESTRICTIONS ARE HEREBY IMPOSED ON THE BROWNFIELDS
PROPERTY AND SHALL REMAIN IN FORCE IN PERPETUITY UNLESS CANCELED BY THE SECRETARY OF THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (OR ITS SUCCESSOR IN FUNCTION), OR HIS/HER DESIGNEE, AFTER THE HAZARDS HAVE BEEN ELIMINATED, PURSUANT TO NCGS § 130A-310.35(E):
a. NO USE MAY BE MADE OF THE BROWNFIELDS PROPERTY OTHER THAN FOR RESTAURANT, RETAIL, OFFICE, AND SUBJECT TO THE REQUIREMENTS OF SUBPARAGRAPH 12.H. BELOW, HIGH DENSITY RESIDENTIAL, AND ASSOCIATED PARKING USES, AND SUBJECT TO DEQ'S PRIOR WRITTEN APPROVAL, OTHER COMMERCIAL USES. FOR PURPOSES
OF THIS RESTRICTION, THE FOLLOWING DEFINITIONS APPLY:
1:7261VNIJ:L1,11aRy172191►121DW-WW414]!l,1210s]WW 16-11►I*VE*_1F-1QN6-a!I2121aI:/_11M9:21=1WRN1►I91W21:kvi29021•Z•]DL1►1D7:3viv/21:LCeIX.-aC•1•J11I0s]►64
N. "RETAIL"IS DEFINED AS THE SALE OF GOODS OR SERVICES, PRODUCTS, OR MERCHANDISE DIRECTLY TO THE CONSUMER OR BUSINESSES AND INCLUDES SHOWROOMS, PERSONAL SERVICE, AND THE SALES OF FOOD AND BEVERAGE PRODUCTS.
iii. "OFFICE"IS DEFINED AS THE PROVISION OF BUSINESS OR PROFESSIONAL SERVICES.
iv. "HIGH DENSITY RESIDENTIAL" IS DEFINED AS PERMANENT DWELLINGS WHERE RESIDENTIAL UNITS ARE ATTACHED TO EACH OTHER WITH COMMON WALLS, SUCH AS CONDOMINIA, APARTMENTS, GROUP HOMES, DORMITORIES OR BOARDING HOUSES, AND ANY PROPERTY OUTSIDE THE DWELLING STRUCTURES IS USABLE BY ALL RESIDENTS AND
NOT PRIVATELY OWNED AS PART OF A PARTICULAR UNIT (E.G., PRIVATELY -OWNED COURTYARDS ARE PROHIBITED), AND MAY INCLUDE RELATED AMENITIES, SUCH AS POOLS, CLUBHOUSES, COURTYARDS, COMMON AREAS, RECREATION AREAS AND PARKING GARAGES.
v. 'PARKING"IS DEFINED AS THE TEMPORARY ACCOMMODATION OF MOTOR VEHICLES IN AN AREA DESIGNED FOR SAME.
vi. "COMMERCIAL "IS DEFINED AS AN ENTERPRISE CARRIED ON FOR PROFIT OR NONPROFIT BY THE OWNER, LESSEE OR LICENSEE.
b. PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS PROPERTY MAY NOT OCCUR OTHER THAN IN ACCORD, AS DETERMINED BY DEQ, WITH AN ENVIRONMENTAL MANAGEMENT PLAN ("EMP") APPROVED IN WRITING BY DEQ IN ADVANCE (AND REVISED TO DEQ'S WRITTEN SATISFACTION PRIOR TO EACH SUBSEQUENT REDEVELOPMENT PHASE) THAT
IS CONSISTENT WITH ALL THE OTHER LAND USE RESTRICTIONS AND DESCRIBES REDEVELOPMENT ACTIVITIES AT THE BROWNFIELDS PROPERTY, THE TIMING OF REDEVELOPMENT PHASES, AND ADDRESSES HEALTH, SAFETY AND ENVIRONMENTAL ISSUES THAT MAY ARISE FROM USE OF THE BROWNFIELDS PROPERTY DURING CONSTRUCTION OR
REDEVELOPMENT IN ANY OTHER FORM ON THE BROWNFIELDS PROPERTY, INCLUDING WITHOUT LIMITATION:
L SOIL AND WATER MANAGEMENT ISSUES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM CONTAMINATION IDENTIFIED IN THE ENVIRONMENTAL REPORTS;
N. ISSUES RELATED TO POTENTIAL SOURCES OF CONTAMINATION REFERENCED IN PARAGRAPH 3 ABOVE;
iii. CONTINGENCY PLANS FOR ADDRESSING, INCLUDING WITHOUT LIMITATION THE TESTING OF SOIL AND GROUNDWATER, NEWLY DISCOVERED POTENTIAL SOURCES OF ENVIRONMENTAL CONTAMINATION (E.G., USTS, TANKS, DRUMS, SEPTIC DRAIN FIELDS, OIL -WATER SEPARATORS, SOIL CONTAMINATION); AND
iv. PLANS FOR THE PROPER CHARACTERIZATION OF AND, AS NECESSARY, DISPOSAL OF CONTAMINATED SOILS EXCAVATED DURING REDEVELOPMENT.
c. WITHIN 90 DAYS AFTER EACH ONE-YEAR ANNIVERSARY OF THE EFFECTIVE DATE OF THIS AGREEMENT FOR AS LONG AS PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS PROPERTY CONTINUES (EXCEPT THAT THE FINAL DEADLINE SHALL FALL 90 DAYS AFTER THE CONCLUSION OF PHYSICAL REDEVELOPMENT), THE THEN OWNER OF THE
BROWNFIELDS PROPERTY SHALL PROVIDE DEQ A REPORT SUBJECT TO WRITTEN DEQ APPROVAL ON ENVIRONMENT -RELATED ACTIVITIES SINCE THE LAST REPORT, WITH A SUMMARY AND DRAWINGS, THAT DESCRIBES:
L ACTIONS TAKEN ON THE BROWNFIELDS PROPERTY IN ACCORDANCE WITH THIS SECTION V: WORK TO BE PERFORMED;
N. SOIL GRADING AND CUT AND FILL ACTIONS;
iii. METHODOLOGY(IES) EMPLOYED FOR FIELD SCREENING, SAMPLING AND LABORATORY ANALYSIS OF ENVIRONMENTAL MEDIA;
iv. STOCKPILING, CONTAINERIZING, DECONTAMINATING, TREATING, HANDLING, LABORATORY ANALYSIS AND ULTIMATE DISPOSITION OF ANY SOIL, GROUNDWATER OR OTHER MATERIALS SUSPECTED OR CONFIRMED TO BE CONTAMINATED WITH REGULATED SUBSTANCES; AND
v. REMOVAL OF ANY CONTAMINATED SOIL, WATER OR OTHER CONTAMINATED MATERIALS (FOR EXAMPLE, CONCRETE, DEMOLITION DEBRIS) FROM THE BROWNFIELDS PROPERTY (COPIES OF ALL LEGALLY REQUIRED MANIFESTS SHALL BE INCLUDED).
d. GROUNDWATER AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ.
e. NO ACTIVITY THAT DISTURBS SOIL ON THE BROWNFIELDS PROPERTY MAY OCCUR UNLESS AND UNTIL DEQ STATES IN WRITING, IN ADVANCE OF THE PROPOSED ACTIVITY, THAT SAID ACTIVITY MAY OCCUR IF CARRIED OUT ALONG WITH ANY MEASURES DEQ DEEMS NECESSARY TO ENSURE THE BROWNFIELDS PROPERTY WILL BE SUITABLE FOR
THE USES SPECIFIED IN SUBPARAGRAPH 12.A. ABOVE WHILE FULLY PROTECTING PUBLIC HEALTH AND THE ENVIRONMENT, EXCEPT:
i. IN CONNECTION WITH LANDSCAPE PLANTING TO DEPTHS NOT EXCEEDING 24 INCHES;
N. MOWING AND PRUNING OF ABOVE -GROUND VEGETATION;
iii. FOR REPAIR OF UNDERGROUND INFRASTRUCTURE, PROVIDED THAT DEQ SHALL BE GIVEN WRITTEN NOTICE AT LEAST SEVEN DAYS IN ADVANCE OF A SCHEDULED REPAIR (IF ONLY BY EMAIL) OF ANY SUCH REPAIR, OR IN EMERGENCY CIRCUMSTANCES NO LATER THAN THE NEXT BUSINESS DAY, AND THAT ANY RELATED ASSESSMENT AND
REMEDIAL MEASURES REQUIRED BY DEQ SHALL BE TAKEN; AND
iv. IN CONNECTION TO WORK CONDUCTED IN ACCORDANCE WITH A DEQ-APPROVED ENVIRONMENTAL MANAGEMENT PLAN (EMP) AS OUTLINED IN SUBPARAGRAPH 12.6. ABOVE.
f. SOIL MAY NOT BE REMOVED FROM, OR BROUGHT ONTO, THE BROWNFIELDS PROPERTY WITHOUT PRIOR SAMPLING AND ANALYSIS TO DEQ'S SATISFACTION AND THE WRITTEN APPROVAL OF DEQ, UNLESS CONDUCTED IN ACCORDANCE WITH AN APPROVED EMP AS OUTLINED ABOVE IN SUBPARAGRAPH 12.B.
g. NO ENCLOSED BUILDING MAY BE CONSTRUCTED ON THE BROWNFIELDS PROPERTY AND NO EXISTING BUILDING, DEFINED AS THOSE DEPICTED ON THE PLAT COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY REFERENCED IN PARAGRAPH 16 BELOW, MAY BE OCCUPIED UNTIL DEQ DETERMINES IN WRITING THAT:
i. THE BUILDING IS OR WOULD BE PROTECTIVE OF THE BUILDING'S USERS, PUBLIC HEALTH AND THE ENVIRONMENT FROM RISK OF VAPOR INTRUSION BASED ON SITE ASSESSMENT DATA OR A SITE -SPECIFIC RISK ASSESSMENT APPROVED IN WRITING BY DEQ;
ii. THE BUILDING IS OR WOULD BE SUFFICIENTLY DISTANT FROM THE BROWNFIELDS PROPERTY'S GROUNDWATER AND/OR SOIL CONTAMINATION BASED ON ASSESSMENT DATA APPROVED IN WRITING BY DEQ THAT THE BUILDING'S USERS, PUBLIC HEALTH AND THE ENVIRONMENT WILL BE PROTECTED FROM RISK FROM VAPOR INTRUSION RELATED
TO SAID CONTAMINATION; OR
iii. VAPOR INTRUSION MITIGATION MEASURES ARE DESIGNED, INSTALLED AND/OR IMPLEMENTED IN A MANNER THAT WILL FULLY PROTECT PUBLIC HEALTH TO THE SATISFACTION OF A PROFESSIONAL ENGINEER LICENSED IN NORTH CAROLINA, AS EVIDENCED BY SAID ENGINEER'S PROFESSIONAL SEAL ON A REPORT THAT INCLUDES PHOTOGRAPHS
AND A DESCRIPTION OF THE INSTALLATION AND PERFORMANCE OF SAID MEASURES, AND TO DEQ. ANY DESIGN SPECIFICATION FOR VAPOR INTRUSION MITIGATION MEASURES SHALL BE APPROVED IN WRITING BY DEQ IN ADVANCE OF INSTALLATION AND/OR IMPLEMENTATION OF SAID MEASURES. THE DESIGN SPECIFICATIONS SHALL INCLUDE
METHODOLOGY(IES) FOR DEMONSTRATING PERFORMANCE OF SAID MEASURES.
h. RESIDENTIAL OCCUPANCY IS PROHIBITED UNTIL SAMPLING OCCURS AND DEMONSTRATES TO DEQ'S WRITTEN SATISFACTION THAT RESIDENTIAL USE IS SUITABLE BASED ON APPLICABLE ENVIRONMENTAL RISK DETERMINATIONS. PROSPECTIVE DEVELOPER SHALL CONDUCT SUCH SAMPLING PRIOR TO ANY RESIDENTIAL OCCUPANCY AND IT SHALL
BE PERFORMED IN ACCORDANCE WITH A WORK PLAN APPROVED IN ADVANCE BY DEQ AND TO DEQ'S WRITTEN SATISFACTION, AND RESULTS MUST BE SUBMITTED TO DEQ FOR REVIEW NO LESS THAN 30 DAYS PRIOR TO REQUESTED OCCUPANCY DATE.
L NEITHER DEQ, NOR ANY PARTY CONDUCTING ENVIRONMENTAL ASSESSMENT OR REMEDIATION AT THE BROWNFIELDS PROPERTY AT THE DIRECTION OF, OR PURSUANT TO A PERMIT, ORDER OR AGREEMENT ISSUED OR ENTERED INTO BY DEQ, MAY BE DENIED ACCESS TO THE BROWNFIELDS PROPERTY FOR PURPOSES OF CONDUCTING SUCH
ASSESSMENT OR REMEDIATION, WHICH IS TO BE CONDUCTED USING REASONABLE EFFORTS TO MINIMIZE INTERFERENCE WITH AUTHORIZED USES OF THE BROWNFIELDS PROPERTY.
j. ANY DEED OR OTHER INSTRUMENT CONVEYING AN INTEREST IN THE BROWNFIELDS PROPERTY SHALL CONTAIN THE FOLLOWING NOTICE: 'THIS PROPERTY IS SUBJECT TO THE BROWNFIELDS AGREEMENT ATTACHED AS EXHIBIT A TO THE NOTICE OF BROWNFIELDS PROPERTY RECORDED IN THE WAKE COUNTY LAND RECORDS, BOOK -----
PAGE . " A COPY OF ANY SUCH INSTRUMENT SHALL BE SENT TO THE PERSONS LISTED IN SECTION XV (NOTICES AND SUBMISSIONS), THOUGH FINANCIAL FIGURES AND OTHER CONFIDENTIAL INFORMATION RELATED TO THE CONVEYANCE MAY BE REDACTED TO THE EXTENT SAID REDACTIONS COMPLY WITH THE CONFIDENTIALITY AND TRADE
SECRET PROVISIONS OF THE NORTH CAROLINA PUBLIC RECORDS LAW. THE OWNER CONVEYING AN INTEREST MAY USE THE FOLLOWING MECHANISMS TO COMPLY WITH THE OBLIGATIONS OF THIS SUBPARAGRAPH: (1) IF EVERY LEASE AND RIDER IS IDENTICAL IN FORM, THE OWNER CONVEYING AN INTEREST MAY PROVIDE DEQ WITH COPIES OF
A FORM LEASE OR RIDER EVIDENCING COMPLIANCE WITH THIS SUBPARAGRAPH, IN LIEU OF SENDING COPIES OF ACTUAL, EXECUTED LEASES, TO THE PERSONS LISTED IN SECTION XV (NOTICE AND SUBMISSIONS); OR (II) THE OWNER CONVEYING AN INTEREST MAY PROVIDE ABSTRACTS OF LEASES, RATHER THAN FULL COPIES OF SAID LEASES,
TO THE PERSONS LISTED IN SECTION XV.
k. NONE OF THE CONTAMINANTS KNOWN TO BE PRESENT IN THE ENVIRONMENTAL MEDIA AT THE BROWNFIELDS PROPERTY, AS DESCRIBED IN EXHIBIT 2 OF THIS AGREEMENT AND AS MODIFIED BY DEQ IN WRITING IF ADDITIONAL CONTAMINANTS IN EXCESS OF APPLICABLE STANDARDS ARE DISCOVERED AT THE BROWNFIELDS PROPERTY, MAY BE
USED OR STORED AT THE BROWNFIELDS PROPERTY WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ, EXCEPT:
i. IN DE MINIMIS QUANTITIES FOR CLEANING AND OTHER ROUTINE HOUSEKEEPING AND MAINTENANCE ACTIVITIES;
N. AS CONSTITUENTS OF PRODUCTS AND MATERIALS CUSTOMARILY USED AND STORED IN RETAIL, RESTAURANT, OFFICE, HIGH DENSITY RESIDENTIAL, AND ASSOCIATED PARKING ENVIRONMENTS, PROVIDED SUCH PRODUCTS AND MATERIALS ARE STORED IN ORIGINAL RETAIL PACKAGING AND USED AND DISPOSED OF IN ACCORDANCE WITH
APPLICABLE LAWS; AND
iii. AS CONSTITUENTS OF FUELS, LUBRICANTS AND OILS IN EMERGENCY GENERATORS IN ON -BOARD TANKS TOTALING NO MORE THAN 500 GALLONS, OR IN MACHINERY, EQUIPMENT AND VEHICLES IN ON -BOARD TANKS INTEGRAL TO SAID EQUIPMENT OR IN FLAMMABLE LIQUID STORAGE CONTAINERS TOTALING NO MORE THAN 25 GALLONS.
THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR CHILDCARE (AS THAT TERM IS DEFINED UNDER NCGS § 110-86(2)), ADULT CARE CENTERS OR SCHOOLS, EXCEPT POST -SECONDARY SCHOOLS, WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ.
m. UNLESS COMPLIANCE WITH THIS LAND USE RESTRICTION IS WAIVED IN WRITING IN ADVANCE BY DEQ IN RELATION TO PARTICULAR BUILDINGS, DEMOLITION AND/OR RENOVATION OF ANY OR ALL BUILDINGS ON THE BROWNFIELDS PROPERTY DEPICTED ON THE PLAT COMPONENT OF THE NOTICE REFERENCED IN PARAGRAPH 16 BELOW SHALL
BE IN ACCORDANCE WITH APPLICABLE LEGAL REQUIREMENTS, INCLUDING WITHOUT LIMITATION THOSE RELATED TO LEAD AND ASBESTOS ABATEMENT THAT ARE ADMINISTERED BY THE HEALTH HAZARDS CONTROL UNIT WITHIN THE DIVISION OF PUBLIC HEALTH OF THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES.
n. WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS AGREEMENT OR PRIOR TO LAND DISTURBANCE ACTIVITIES, WHICHEVER OCCURS FIRST, PROSPECTIVE DEVELOPER SHALL ABANDON MONITORING WELLS, INJECTION WELLS, RECOVERY WELLS, PIEZOMETERS AND OTHER MAN MADE POINTS OF GROUNDWATER ACCESS AT THE BROWNFIELDS
PROPERTY IN ACCORDANCE WITH SUBCHAPTER 2C OF TITLE 15A OF THE NORTH CAROLINA ADMINISTRATIVE CODE, UNLESS AN ALTERNATE SCHEDULE IS APPROVED BY DEQ. WITHIN 30 DAYS AFTER DOING SO, THE PROSPECTIVE DEVELOPER SHALL PROVIDE DEQ A REPORT, SETTING FORTH THE PROCEDURES AND RESULTS.
o. THE OWNER OF ANY PORTION OF THE BROWNFIELDS PROPERTY WHERE ANY EXISTING, OR SUBSEQUENTLY INSTALLED, DEQ-APPROVED MONITORING WELL IS DAMAGED BY THE OWNER, ITS CONTRACTORS, OR ITS TENANTS SHALL BE RESPONSIBLE FOR REPAIR OF ANY SUCH WELLS TO DEQ'S WRITTEN SATISFACTION AND WITHIN A TIME
PERIOD ACCEPTABLE TO DEQ, UNLESS COMPLIANCE WITH THIS LAND USE RESTRICTION IS WAIVED IN WRITING BY DEQ IN ADVANCE.
p. DURING JANUARY OF EACH YEAR AFTER THE YEAR IN WHICH THE NOTICE REFERENCED BELOW IN PARAGRAPH 16 IS RECORDED, THE OWNER OF ANY PART OF THE BROWNFIELDS PROPERTY AS OF JANUARY 1ST OF THAT YEAR SHALL SUBMIT A NOTARIZED LAND USE RESTRICTIONS UPDATE ("LURU") TO DEQ, AND TO THE CHIEF PUBLIC
HEALTH AND ENVIRONMENTAL OFFICIALS OF WAKE COUNTY, CERTIFYING THAT, AS OF SAID JANUARY 1ST, THE NOTICE OF BROWNFIELDS PROPERTY CONTAINING THESE LAND USE RESTRICTIONS REMAINS RECORDED AT THE WAKE COUNTY REGISTER OF DEEDS OFFICE AND THAT THE LAND USE RESTRICTIONS ARE BEING COMPLIED WITH. THE
SUBMITTED LURU SHALL STATE THE FOLLOWING:
L THE NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSON'S E-MAIL ADDRESS OF THE OWNER, OR BOARD, ASSOCIATION OR APPROVED ENTITY SUBMITTING THE LURU IF SAID OWNER (OR EACH OF THE OWNERS ON WHOSE BEHALF THE JOINT LURU IS SUBMITTED) ACQUIRED ANY PART OF THE
BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR;
ii. THE TRANSFEREE'S NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSON'S E-MAIL ADDRESS, IF SAID OWNER (OR EACH OF THE OWNERS ON WHOSE BEHALF THE JOINT LURU IS SUBMITTED) TRANSFERRED ANY PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR;
iii. WHETHER ANY VAPOR BARRIER AND/OR MITIGATION SYSTEMS INSTALLED PURSUANT TO SUBPARAGRAPH 12.G.111. ABOVE ARE PERFORMING AS DESIGNED, AND WHETHER THE USES OF THE GROUND FLOORS OF ANY BUILDINGS CONTAINING SUCH VAPOR BARRIER AND/OR MITIGATION SYSTEMS HAVE CHANGED, AND, IF SO, HOW; AND
iv. A LURU SUBMITTED FOR RENTAL UNITS SHALL INCLUDE THE RENT ROLL AND ENOUGH OF EACH LEASE ENTERED INTO DURING THE PREVIOUS CALENDAR YEAR TO DEMONSTRATE COMPLIANCE WITH LESSEE NOTIFICATION REQUIREMENTS IN PARAGRAPHS 17 AND 18 OF THIS AGREEMENT PROVIDED THAT IF STANDARD FORM LEASES ARE USED
IN EVERY INSTANCE, A COPY OF SUCH STANDARD LEASE FORM LEASE MAY BE SENT IN LIEU OF COPIES OF ACTUAL LEASES.
J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
www.mcadamsco.com
OWNERS
GLENWOOD TWO, LLC.
GLENWOOD ONE OFFICE, LLC
PROSPECTIVE DEVELOPER
GLENWOOD TWO, LLC.
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REVISIONS
NO. DATE
1 ...
...
2 ...
...
PLAN INFORMATION
PROJECT NO.
HTG-18010
FILENAME
HTG17000.F1B
CHECKED BY
RTF
DRAWN BY
DJM
SCALE
1"-20'
DATE
10/20/2020
SHEET
SHEET
40F5

I HEREBY CERTIFY THAT THIS PLAT IS OF THE FOLLOWING TYPE:
G.S. 47-30 (f)(11)(d). THIS SURVEY IS OF ANOTHER CATEGORY,
SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A
COURT -ORDERED SURVEY, OR OTHER EXCEPTION TO THE
DEFINITION OF SUBDIVISION.
RONALD T. FREDERICK PLS L-4
Eihibit 2
CAR��°
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The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on June 23, 2020. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the maximum andJor most recent concentration found at each sample location, and the
applicable standard or screening level. Screening levels and groundwater standards are shown
for reference only and are not set forth as cleanup levels for purposes of this Agreement -
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administratiti.e Code,
Subehapter 2L (21.), Rule -0202. (April 1, 2013 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding
Standard
(µg/L)
Date of
Most
Sampling
WWI_)
Most Recent
Concentration
(µ&'L)
Standard
(µg:L)
Benzene
DW-I
2,17/1995
109
2/7/1995
109
1
MW-1
8/1911993
508
2/7/1995
54-3
MW-2
2/4/1994
55
6/16/1994
31
MW-3
24/1994
3,200
2J7/1995
2.240
MW-4
2J4/1994
1
217/1995
<1.5
Bis(2-ethylhexyl)
Phthalate
MW-2
11/2/1993
3.4
1101993
3.4
3
Bromodichloremethane
DW-1
6/16/1994
2
217/1995
<QL
0.6
Di-Isopropl•l Ether
DW-I
217/1995
132
2/7/1995
132
70
MW-1
9/1911993
226
2/7/1995
15-9
MW-2
2l4/1994
71
6/16/1994
<QL
MW-3
2/4/1994
960
2/7/1995
417
1,2-Dichloroethane
DW-1
217/1995
12-9
2J7/1995
12-9
0-4
MW-1
&1611994
18
217/1995
5-6
MW-2
2/4/1994
25
6/1611994
9
MW-3
2/7/1995
44-2
2/7/1995
44-2
1,2-Dichloropropane
DiV-1
21711995
2
2/7/1995
2
0.6
MW-2
214/1994
2
6/16/1994
<QL
MW-3
214/1994
2
217/1995
<2.5
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding
Standard
(µs,L)
Date of
Most
Sampling
Most Recent
Concentration
Standard
(µgL)
Ethyllbenzene
NM-3
214/1994
4,400
2JV1995
3,370
600
Lead
DW-1
6116/1994
19
611611994
19
15
MtiV-1
8/1.9/1993
15
6/16/1994
1.0
N'TNT-2
8/1911993
27
6/1.611994
'SQL
NMV-3
6/16/1994
21
6/16/1994
21
NM-7-4
2/4/1994
29
611611994
12
MW-5
6/1.611994
64
6/1611994
64
Methylene Chloride
MNV-1
11/2/1993
49
6/16.'1994
<QL
5
Methyl tert-butyl ether
MSS'-1
8/1911993
1,538
2/7/1995
416
20
MW-2
6116/1994
860
6/16/1994
860
MW-3
6116/1994
950
21711995
618
Naphthalene
DW-1
2/7/1995
10
2J711995
10
6
GTA-03 l
11/7/2018
110
11f7/2018
110
MSG°-1
111211993
9-3
2R/1995
<0.6
MW-3
11/2/1993
410
2/711995
366
Toluene
MW-3
2/4/1994
1700
217/1995
15,100
600
Total Xylenes
MW-3
2J4/1994
1,6.000
2J711995
14.500
500
NS -No standard established
<QL -Not detected above the laboratory quantitation limit
iNote that GTA-03 is near historical well MW-3 that in 1993 had a naphthalene detection of 410 ug/L-
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Residential Vapor Intrusion. Screening Levels of the Division of Waste Management
July 2020 version) -
Groundwater
Concentration
Residential VI
Contaminant with
Sample
Date of
Exceeding
Screening
Potential for Vapor
Location
Sampling
Screening
Levell
Intrusion
Level (µg/L)
(4g1L)
DIV-1
20/1995
109
MW-1
2J7/1995
54.3
Benzene
16
MW-2
6/1611994
31
MW-3
217/1995
2,240
1,2-Dichloroethane
MW-3
217/1995
44.2
22
Eth •lbenzene
MW-3
2J7/1995
3,370
35
GTA-032
11/7/2018
110
Naphthalene
4-6MW-3
217/1995
366
Toluene
MW-3
2J7/1995
15,100
3,800
Total X lens
MW-3
2J7/1995
14,500
77
r screening levels displayed for mom carcinogens are for a hazard quotient equal to 0-2- Screening levels
displayed for carcinogens are for a 1-01-5 lifetime incremental cancer risk-
2Note that GTA-03 was installed near historical well NAV-3
CONTAMINANT TABLES
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2020 version):
Soil
Contaminant`
Sample
Location
Depth ft
P )
Date
of
Sampling
Concentration
Exceeding
i
screening
Level
m
Residential
Screening
Levell
(mom)
Arsenic
GTA-1
Unknown
915/2019
2-9
0-68
GTA-2
Unknown
915/2019
3-2
GTA-02
11
11/7/2018
0.87
GTA-3
Unknown
915/2019
2.9
GTA4
Umkmown
915/2019
2.2
GTA-5
Unknown
9/5/2019
3-5
GTA-6
Unknown
915/2019
2.1
GTA-06
12
111712018
1-3
GTA-7
Unknown
9/5/2019
1-1
GTA-07
12
1118/2018
1.7
GTA-8
Unknown
915/2019
2-2
GTA-9
Unknown
915/2019
2.2
GTA-09
24
11/712018
1-1
GTA-10
Umkmown
9/5/2019
2.3
GTA-Ll
Unknown
9A212019
4.45
GTA-L2
Unknown
9/171'2019
3.61
GTA-L3
Unknown
9A712019
2-9
GTA-L4
Unknown
9/1712019
3.71
GTA-S1
Unknown
9/13/2019
2.78
GTA-S2
Unknown
9/1312019
3.23
GTA-S3
Unknown
9/1312019
3.57
GTA-S4
Unknown
9A312019
3.02
GTA-S5
Unknown
9/13/2019
3.76
GTA-S6
Unknown
9/1312019
3.64
GTA-S7
Unknown
9/IT2019
2.02
GTA-S8
Unknown
9/17/2019
2.59
GTA-S9
Unknown
9A712019
3.52
GTA-S10
Unknown
9/1712019
3.05
GTA-911
Unknown
1013/2019
2.18
GTA-S12
Unknown
10/312019
2.53
GTA-S13
Unknown
10/3/2019
2.15
GTA-S14
Unknown
10/3/2019
4.79
Soil
Contaminants
Sample
Location
Depth ft
p { }
Date
of
Sampling
Concentration
Exceeding
Screening
xrin
Level
m
Residential
Screening
Levell
(mg/kg)
Arsenic
GTA-S15
Unknown
10/312019
3.32
0.68
GTA-S16
Unknown
10/3/2019
4-12
GTA-UST1-B1
91
9/13/2019
1-66
GTA-UST1-B2
9
9/1.3/2019
2.35
GTA-UST2-B1
9
9/1.3/2019
3-92
GTA-UST2-B2
9
9/1.312019
2.07
GTA-UST3-B1
9
9/13/2019
2-00
GTA-UST3-B2
9
9/13/2019
1-38
GTA-UST4-B1
9
9/13/2019
2-31
GTA-UST4-B2
9
9/13/2019
2.00
GTA-UST5-B1
9
9/17/2019
3-21
GTA-UST5-B2
9
9/1.7l2019
2.59
GTA-US T6 -B 1
15
10/3/2019
154
GTA UST7-Bl
15
10/3/2019
3-57
GTA-UST8-B 1
15
10/3l2019
1.92
Chromium, Hexavalent
GTA-03
22
11/7/2015
0-76
0-31
4,6-Dmitro-2-
meth l henol
GTAUSTS-B1
15
10/3/2019
0-306
NS
Eth lbenzene
B-104 14
11-14
5/14/2004
29
6-1
4-Isopropyltoluene
B-102 19
16-19
516/2004
0.079
NS
B-103 20
17-20
516/2004
0-12.
B-104 14
11-14
5J6/2004
8.1
B-105 24
21-24
544/2004
0-14
GTA-S14
Unknown
10/312019
0.000345J
GTAUST8-B1
15
10/3/2019
0-00904
3-Methvlcholanthrene
GTA-S14
Unknown
1013/2019
0-224J
0.0055
GTA-S15
Unknown
10/3/2019
0.228J
Naphthalene
B-103 20
17-20
5/6/2004
2-9
2.1
B-104 14
11-14
5/14/2004
76
B-105 24
21-24
5/14/2004
3-3
Oil & Grease
13-8, S-1
8-5-10
8/12/1993
29
NS
T-1, Composite
8
6/29/1993
12,257
T-1, S-1
8
6129/1993
120
T-1, S-2
8
6129/1993
1.0.299
WO-1
12
&611994
43.5
Petroleum
hydrocarbons, C9-C12
Ali hatics
B-102 19
16-19
5/6l2004
120
20
Soil
Contaminant
Sample.
Location
Depth ft
(}
Date
of
Sampling
Concentration
Exceeding
screening
Level
m
Residential
Screening
Levell
(mom)
Petroleum
hydrocarbons; C9-C12
Aliphatics
B-103 20
17-20
51612004
280
20
B-104 14
11-14
511412004
300
B-104 24
21-24
5/14/2004
170
B405 24
21-24
5/14/2004
180
Petroleum
hydrocarbons, C9-C10
Aromatics
B-102 19
16-19
5/6/2004
64
20
B-103 20
17-20
5/6/2004
130
B404 14
11-14
5/14/2004
170
B-1.0424
21-24
5114/2004
89
B-1.05 24
21-24
5/14/2004
83
TPH GRO
HA-2
2
7/21/1992
563
503
HA.-4
6
7/21/1992
2,090
T-2, S-2
20
71111993
3,495
T-3, S-1
20
71111993
1,963
T-3, S-2
20
7/1,11993
95
T-4, S-1
20
71111993
554
T-4, S-2
20
7/1'1993
579
Random-2
15
71111993
698
Vp-14
8.5-10
12/214994
153
VP-1
18.5-20
12/21/1994
3,590
Total X lens
B404 14
11-14
5/14/2004
120
120
1,1,2-Trichloroethane
B-104-14DL
11-14
1 5/14/2004
16
1 0-32
1,2,4-Trimeth lbetizene
B-1.04 14
11-14
1 5/14/2004
240
1 63
1,3,5-Trimeth lbenzene
B-104 14
11-14
1 5/14/2004
70
1 '56
-acreenmg revels mspiayea ror non-carcmogens are xor a nazarc qumenc equ& w u.r. acreemag ieveis mspia j ec roc
carcinogens are fora 1-DE-6 lifetime incrememal cancer risk.
T,ertam constituents are not reported m this table: how•eiw, the laboratory reporting limit exceeds the residential screening level
for that constituent This applies to certain polynuclear aromatic compounds (PAlls) such as benzo(a)p wne and
dibenz(0)authracene, for example.
-NCDEQ UST Section Action Level
'VP-1 results axe reported under sample came VP -A on the analytical report
NS -No established screening level
1- Estmoated value between method detection limit and laboratory reporting limit
TM-GRO - Total Petroleum Hydrocarbons -Gas Range Organics
SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion. Screening Levels of the Division of Waste
Management (July 2020 version):
Sub -Slab Vapor
Contaminant2
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level
Residential
Screening
Level
m3)
Chloroform
GTA-VS-6
6/23/2020
63-5
41
Cis-1,2-Dichloroethene
GTA-VS-3
6/23/2020
10.3
NS
Ethyl Alcohol
GTA-VS-1
6/23/2020
249
NS
GTA-VS-2
6/23/2020
345
GTA-VS-3
6/23/2020
251
GTA-VS-3D3
6/23/2020
245
GTA-VS-4
6J23/2020
119
GTA-VS-5
6/23/2020
90.4
GTA-VS-6
6/23/2020
59.5
GTA-VS-7
9/16/2020
139
GTA-VS-8A
9/16/2020
62.2
GTA-VS-8B
9/16/2020
58.6
GTA-VS-93
9/16/2020
128
4-Ethyltoluene
GTA-VS-2
6/23/2020
3.24
NS
GTA-VS-3D3
6/23/2020
2.51
GTA-VS-7
9/16/2020
8.90
Trichloroethene
GTA-SV-3
11/7/2018
20
14
Trichlorofluoromethane
GTA-SV-4
11/712018
2.9
NS
GTA-VS-1
6/23/2020
4.98
GTA-VS-2
6/23/2020
68
GTA-VS-3
6J23/2020
12.9
GTA-VS-3D3
6/23/2020
14.1
GTA-VS-5
6/23/2020
5.28
GTA-VS-6
6/23/2020
5.73
2,2,4-Trunethylpentane
GTA-VS-S
1 6/23/2020
7.01
NS
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
NS - No screening level established
zA]though the constituent naphthalene is not reported in this table, the laboratory reporting limit for
naphthalene was 3.02 µg/m3, which exceeds the residential screening level of 2.8 µg/m3
3The samples GTA-V S-313 and GTA-VS-9 are invalid as the pressure on receipt by the laboratory was
reported by the laboratory to be 0.0 inches Hg.
SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
_Management (July 2020 version):
Concentration
Residential
Soil Gas Contaminant
Sample
Date of
Exceeding
Screening
Location
Sampling
Screening
Level
Level
m3
Cis-12-Dichloroethene
GTA-SV-6
11/8/2018
5.5
NS
2,2,4-Trimethylpentane
GTA-SV-6
1 V8/2018
70
NS
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0-2- Screaung levels
displayed for carcinogens are for a 1-01r5 lifetime incremental cancer risk-
NS - No screening level established
J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
www.mcadamsco.com
OWNERS
GLENWOOD TWO, LLC.
GLENWOOD ONE OFFICE, LLC
PROSPECTIVE DEVELOPER
GLENWOOD TWO, LLC.
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REVISIONS
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...
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...
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PLAN
INFORMATION
PROJECT NO.
HTG-18010
FILENAME
HTG17000.F1B
CHECKED
BY
RTF
DRAWN BY
DJM
SCALE
1"-20'
DATE
10/20/2020
SHEET
SHEET

EXHIBIT C
LEGAL DESCRIPTION
2020-10-20 WEST BROWNFIELD
BEING ALL OF LOT 4 AS SHOWN ON BOOK OF MAPS 2019, PAGE 1695 OF THE
WAKE COUNTY REGISTRY.
BEING MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT AN IRON PIPE ON THE WESTERN RIGHT OF WAY OF SOUTH
BOYLAN AVENUE, THE SOUTHEAST CORNER OF LOT 4 AS SHOWN ON BOOK OF
MAPS 2019, PAGE 1695 OF THE WAKE COUNTY REGISTRY; THENCE LEAVING SAID
RIGHT OF WAY NORTH 86050'01" WEST A DISTANCE OF 182.25 FEET TO AN IRON
PIPE; THENCE NORTH 01°25'00" EAST A DISTANCE OF 182.28 FEET TO AN IRON PIPE
ON THE SOUTHERN RIGHT OF WAY OF HILLSBOROUGH STREET; THENCE WITH
SAID RIGHT OF WAY SOUTH 85057'43" EAST A DISTANCE OF 148.64 FEET TO AN
IRON PIPE; THENCE WITH A CURVE TO THE LEFT, A RADIUS OF 1,045.00 FEET, AN
ARC LENGTH OF 20.05 FEET, A CHORD BEARING OF SOUTH 86030'41" EAST, A
CHORD LENGTH OF 20.05 FEET TO AN IRON PIPE; THENCE SOUTH 87°03'40" EAST A
DISTANCE OF 11.00 FEET TO AN IRON PIPE ON THE WESTERN RIGHT OF WAY OF
SOUTH BOYLAN AVENUE; THENCE WITH SAID RIGHT OF WAY SOUTH 00°34'28"
WEST A DISTANCE OF 180.05 FEET TO THE POINT OF BEGINNING; CONTAINING
32,718 SQUARE FEET OR 0.75 ACRES.
2020-10-20 BROWNFIELD EAST
BEING ALL OF LOTS 1 AND 2 AS SHOWN ON BOOK OF MAPS 2019 PAGES 1373-1374
OF THE WAKE COUNTY REGISTRY, AS WELL AS THE NORTH RETAIL UNIT, THE
SOUTH RETAIL UNIT AND THE COMMON ELEMENT AS SHOWN ON CONDOMINIUM
MAP 2019 PAGES 55-56.
BEING MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT A POINT, ON THE SOUTHERN RIGHT OF WAY OF HILLSBOROUGH
STREET, THE NORTHEAST CORNER OF THE NORTH RETAIL UNIT AS SHOWN ON
CONDOMINIUM MAP 2019 PAGES 55-56; THENCE LEAVING SAID RIGHT OF WAY
AND WITH THE EAST LINE OF SAID UNIT SOUTH 0205 F53" WEST A DISTANCE OF
4.17 FEET TO A POINT; THENCE SOUTH 17°40'09" WEST A DISTANCE OF 68.41 FEET
TO A POINT; THENCE SOUTH 1095'28" WEST A DISTANCE OF 5.82 FEET TO A POINT
ON THE EAST LINE OF LOT 2 AS SHOWN ON BOOK OF MAPS 2019 PAGES 1373-1374;
THENCE WITH SAID LINE SOUTH 79055'59" EAST A DISTANCE OF 12.40 FEET TO AN
IRON PIPE; THENCE SOUTH 02°29'22" WEST A DISTANCE OF 1.24 FEET TO A POINT,
THE NORTHERNMOST CORNER OF THE COMMON ELEMENT AS SHOWN ON
Glenwood Square/22010-18-092/270ct2020

CONDOMINIUM MAP 2019 PAGES 55-56; THENCE WITH THE EASTERN LINE OF
SAID COMMON ELEMENT SOUTH 81 °49'57" EAST A DISTANCE OF 10.14 FEET TO A
POINT; THENCE SOUTH 02051'53" WEST A DISTANCE OF 14.59 FEET TO A POINT;
THENCE SOUTH 71 °32'53" EAST A DISTANCE OF 3.05 FEET TO A POINT; THENCE
SOUTH 17055' 19" WEST A DISTANCE OF 9.74 FEET TO A POINT; THENCE NORTH
87008'07" WEST A DISTANCE OF 0.41 FEET TO A POINT; THENCE SOUTH 02051'53"
WEST A DISTANCE OF 3.28 FEET TO A POINT; THENCE SOUTH 1751'53" WEST A
DISTANCE OF 15.06 FEET TO A POINT; THENCE NORTH 73°07'49" WEST A DISTANCE
OF 15.26 FEET TO A POINT ON THE EASTERN LINE OF THE SOUTH RETAIL UNIT AS
SHOWN ON CONDOMINIUM MAP 2019 PAGES 55-56; THENCE WITH SAID LINE
SOUTH 16052'11" WEST A DISTANCE OF 13.24 FEET TO A POINT; THENCE NORTH
73007'49" WEST A DISTANCE OF 0.79 FEET TO A POINT; THENCE SOUTH 16'52'11"
WEST A DISTANCE OF 34.33 FEET TO A POINT; THENCE SOUTH 01052'11" WEST A
DISTANCE OF 57.78 FEET TO A POINT; THENCE NORTH 88007'49" WEST A DISTANCE
OF 2.00 FEET TO A POINT; THENCE SOUTH 01052'11" WEST A DISTANCE OF 4.85
FEET TO AN IRON PIPE ON THE NORTHERN RIGHT OF WAY OF WEST MORGAN
STREET, THE SOUTHEAST CORNER OF SAID SOUTH RETAIL UNIT; THENCE WITH
SAID RIGHT OF WAY NORTH 87045'37" WEST A DISTANCE OF 28.56 FEET TO AN
IRON PIPE, THE SOUTHEAST CORNER OF LOT 2 AS SHOWN ON BOOK OF MAPS
2019 PAGES 1373-1374; THENCE NORTH 87045'37" WEST A DISTANCE OF 29.23 FEET
TO AN IRON PIPE, THE SOUTHEAST CORNER OF LOT 1 AS SHOWN ON AFORE SAID
BOOK OF MAPS; THENCE NORTH 87045'37" WEST A DISTANCE OF 150.17 FEET TO
AN IRON PIPE ON THE EASTERN RIGHT OF WAY OF SOUTH BOYLAN AVENUE;
THENCE WITH SAID RIGHT OF WAY NORTH 00034'28" EAST A DISTANCE OF 232.92
FEET TO AN IRON PIPE ON THE SOUTHERN RIGHT OF WAY OF HILLSBOROUGH
STREET; THENCE SOUTH 87°03'40" EAST A DISTANCE OF 160.19 FEET TO AN IRON
PIPE THE NORTHWEST CORNER OF LOT 2; THENCE SOUTH 87003'40" EAST A
DISTANCE OF 59.67 FEET TO AN IRON PIPE THE NORTHWEST CORNER OF LOT 3,
AS SHOWN ON THE AFORE SAID BOOK OF MAPS; THENCE SOUTH 87°03'40" EAST A
DISTANCE OF 18.65 FEET TO AN IRON PIPE; THENCE SOUTH 02°29'22" WEST A
DISTANCE OF 2.78 FEET TO AN IRON PIPE; THENCE SOUTH 87°08'07" EAST A
DISTANCE OF 6.44 FEET TO THE POINT OF BEGINNING; CONTAINING 52,447
SQUARE FEET OR 1.20 ACRES.
2
Glenwood Square/22010-18-092/270ct2020