22051_Wheat Fields Development_ Public Comment Package_20201217

Property Owner: Sassom, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Wheat Fields Development
Brownfields Project Number: 22051-18-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 202_ by
Sassom, 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 5.085-acre Brownfields Property is located at 1009 Forestville Road, Wake Forest,
Wake County. The Brownfields Property was historically used for single-family residential and
agricultural use. A farm previously operated at the property in the late 1900s or early 2000s.
Contamination is present in groundwater, soil, and soil gas at the Brownfields Property resulting
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from historic activities conducted at the site. The proposed reuse of the Brownfields Property is
for a shopping center with retail, restaurant, associated parking, and subject to DEQ's prior written
approval, other commercial uses. Pre -construction activities for the shopping center commenced
in the Summer of 2020.
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
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 shall be made of the Brownfields Property other than for retail, restaurant, associated
parking, and subject to DEQ's prior written approval, other commercial uses. For purposes of
this restriction, the following definitions apply:
i. "Retail" is defined as the sale of goods or services, products or merchandise directly to
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the consumer or businesses and includes showrooms, personal service and the sales of food
and/or beverage products.
ii. "Restaurant" is defined as a commercial business establishment that prepares and
serves food and beverages to patrons.
iii. "Parking" is defined as the temporary accommodation of motor vehicles in an area
designed for the same
iv. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee.
b. The Brownfields Property may not be used for child care centers or adult care centers, without
the prior written approval of DEQ.
c. 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, 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 Exhibit 2;
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 and DEQ approval of both fill soil before import
to the Brownfields Property and the disposition of excavated soil during redevelopment.
d. 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 Section VI: Work to be
Performed above;
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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).
e. Groundwater at the Brownfields Property may not be used for any purpose, other than in
connection with legally compliant storm water collection and reuse techniques, without the prior
written approval of DEQ.
£ 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 EMP as
outlined in subparagraph 12.c. above.
g. No use of the Brownfields Property may occur until the then owner of the Brownfields
Property conducts representative final grade soil sampling, pursuant to a plan approved in
writing by DEQ, of any area that is not covered by building foundations, sidewalks, or asphaltic
or concrete parking areas and driveways within the Brownfields Property.
h. The Brownfields Property may not be used for ground -contact sports of any kind, including,
but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ.
i. 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
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in accordance with an approved EMP as outlined in subparagraph 12.c. above.
j. 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 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.
k. 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.
1. 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 comply with the confidentiality and
trade secret provisions of the North Carolina Public Records Law. The owner may use the
following mechanisms to comply with the obligations of this paragraph: (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 paragraph, in lieu of sending copies of
actual, executed leases, to the persons listed in Section XVII (Notices 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 XVII.
m. 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
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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,
restaurants, 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 fuel or other fluids customarily used in vehicles, landscaping equipment
and emergency generators.
n. 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.
o. 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 submitting the LURU if said owner 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 transferred any part of the Brownfields Property during
the previous calendar year; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 12.j.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.
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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 31.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.
[The remainder of this page is intentionally blank.]
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 202_.
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Sassom, LLC
VA

LOW
NORTH CAROLINA
WAKE COUNTY
Omar El-Kaissi
Manager
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:
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: Sassom, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et seq.
Brownfields Project No. 22051-18-092
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
Wheat Fields Development
1009 Forestville Road
Wake Forest, Wake County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Sassom, 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 1009 Forestville Road (the "Brownfields Property"). 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 Sassom LLC, a member -managed North Carolina limited
liability company headquartered at 10121 Capital Blvd., Suite 101, Wake Forest, NC 27587. Its
managers are Omar Najih El-Kaissi and Susie E. El-Kaissi, with an office at Suite 105 of the
same address.
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 Sassom, LLC for contaminants at the Brownfields Property.
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The Parties agree that Sassom, LLC's entry into this Agreement, and the actions
undertaken by Sassom, LLC in accordance with the Agreement, do not constitute an admission
of any liability by Sassom, LLC for contaminants at the Brownfields Property. The resolution of
this potential liability, in exchange for the benefit Sassom, LLC shall provide to DEQ, is in the
public interest.
IL 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 Sassom, 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
that presents data tables of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel
1009 Forestville Road, Parcel ID 1749681448
IDs
Acreage
5.085
Sassom, LLC
Current Property Owner
10121 Capital Blvd., Suite 101
Wake Forest, NC 27587
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
Past Land Use(s)
Undeveloped, aside from a vacant, 2,326 sq. feet single-
family house and agricultural field
Site Vicinity Land Use(s)
Heritage High School, commercial and residential
developments
Proposed Reuse(s)
Retail shopping center. Four commercial slab -on -grade
foundation buildings are currently under construction.
Return to productive use of a largely vacant space, an
Public Benefits of Reuse
increase in tax revenue for affected jurisdictions, and access
to goods and services for a rapidly developing surrounding
community.
Existing Land Use
Restrictions Prior to
None
Brownfields Agreement
ENVIRONMENTAL INFORMATION SUMMARY
Past use of the site was residential and agricultural. A farm
previously operated on the Brownfields Property in the late
1900s to early 2000s. The existing single-family residence
was rented to tenants at least through 2015. On January 26,
2020, the residence was destroyed during a scheduled training
burn by the Wake Forest Fire Department, using only water to
extinguish the fire.
Historical Operations &
Contaminant Sources
Two unregistered underground storage tanks (USTs), one
3,000-gallon diesel and one 2,000-gallon gasoline UST, were
in use onsite to fuel farm equipment. Both USTs were
removed in 2005, during which deterioration of the gasoline
UST was observed. The NC DEQ UST Section assigned a
release incident (Incident No. 26878) to the Brownfields
Property and it is listed in the Incident Management Database
and the Leaking Underground Storage Tank Database
(LUST).
Current Operations/Activities
Site under construction for the proposed redevelopment.
Soil: Concentrations of petroleum hydrocarbons have been
detected in excess of their respective DWM Industrial
Preliminary Soil Remedial Goals (PSRGs), July 2020 version.
The compounds 1,2 dibromo-3-chloropropane (DBCP),
Contaminated Media
phenanthrene, and p-isopropyltoluene have also been detected
in site soil.
Groundwater: Petroleum constituents are detected in excess
of NC 2L groundwater standards in the groundwater samples
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ENVIRONMENTAL INFORMATION SUMMARY
collected from the former UST tank basins in the 2007, 2015,
and 2019 sampling events.
Soil gas: various petroleum hydrocarbon constituents and
tetrachloroethylene (PCE) were detected in soil gas samples
collected within the proposed footprint of the new buildings,
but at concentrations that did not exceed their respective
DWM Nonresidential Vapor Intrusion Screening Levels.
ID Numbers/Permits
Marshall (Emmett) Property: LUST Incident No. 26878
Construction workers, on -site workers, visitors, and
Onsite Receptors Considered
trespassers
Onsite water supply well was abandoned in early 2020
i. Water supply wells: none identified
ii. Residential structures, churches, or childcare centers:
Potential Offsite Receptors
Heritage High School is located east of the Brownfields
Considered
Property across Forestville Road, Wake Forest.
iii. Surface water: ponds located south and northwest of the
Brownfields Property, but contaminant migration offsite has
not been identified as a concern.
Groundwater: Flow direction to the NNW; contaminant
Potential Offsite Migration
migration offsite has not been identified as a concern.
Pathways
Soil Vapor: Not identified as a concern.
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 Heritage -Marshall Boundary
Mulkey Engineers &
September 8, 2004
Survey
Consultants
UST Closure Report, Emmett Marshall
Terraquest, PC
July 8, 2005
Property
LSA Phase I Report Letter, Emmett Marshall
Terraquest, PC
January 3, 2008
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Title
Prepared by
Date of Report
Property
Phase I ESA GHP Investment Properties,
LLC
Hart & Hickman, PC
September 23, 2015
Phase II ESA Report Forestville Road Site
Hart & Hickman, PC
October 22, 2015
Brownfields Assessment Report
WithersRavenel, Inc.
November 4, 2019
Oversight During Grading - Letter Report
WithersRavenel, Inc.
September 9, 2020
Brownfields Assessment Soil Export
Workplan
WithersRavenel, Inc.
November 6, 2020
b. Other available reports: None identified
c. Other applicable off -site reports: None identified
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 July 27, 2018, and the
following:
Property;
a. On October 11, 2018, Prospective Developer purchased the Brownfields
b. On January 26, 2020, Prospective Developer demolished the single-family
residence located on the Brownfields Property through a scheduled training burn (using water
only to extinguish the fire) by the Wake Forest Fire Department;
c. On April 21, 2020, Prospective Developer submitted a Brownfields
Environmental Management Plan (EMP), which was approved by the Brownfields Program, and
began pre -construction activities, including the excavation of contaminated soils from the former
5
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UST area to the proposed dumpster pad area onsite.
d. On November 6, 2020, Prospective Developer submitted a work plan to
analyze stockpiled soil and soil from two proposed receiving sites for export from the
Brownfields Property.
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
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.
on
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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
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. an increase in the productive use of the Brownfields Property and elimination
of the drawbacks of unoccupied property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 70 retail jobs;
d. an increase in tax revenue for affected jurisdictions;
e. additional retail and parking space for the area; and
£ "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields")
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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
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
N.
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Environmental Management Plan (EMP) as specified in subparagraph 12.c. 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.
a. No use shall be made of the Brownfields Property other than for retail,
restaurant, associated parking, and subject to DEQ's prior written approval, other commercial
uses. For purposes of this restriction, the following definitions apply:
i. "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/or beverage products.
ii. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
iii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for the same
iv. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care centers or adult care
centers, without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
0
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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, including
without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
Exhibit 2;
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 and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of excavated soil during
redevelopment.
d. 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
10
Wheat Fields/22051-18-092/20201217

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 Section
VI: Work to be Performed above;
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).
e. Groundwater at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
f. 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;
11
Wheat Fields/22051-18-092/20201217

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 EMP as outlined in subparagraph 12.c. above.
g. No use of the Brownfields Property may occur until the then owner of
the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways within the Brownfields Property.
h. The Brownfields Property may not be used for ground -contact sports of any
kind, including, but not limited to, golf, football, soccer and baseball, without the prior written
approval of DEQ.
i. 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 in subparagraph 12.c. above.
j. 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
12
Wheat Fields/22051-18-092/20201217

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
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.
k. 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.
1. 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
13
Wheat Fields/22051-18-092/20201217

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 comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner may use the following mechanisms to comply with the obligations of this paragraph: (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 paragraph, in lieu of sending
copies of actual, executed leases, to the persons listed in Section XVII (Notices 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 XVII.
in. 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, restaurants, 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 fuel or other fluids customarily used in vehicles, landscaping
14
Wheat Fields/22051-18-092/20201217

equipment and emergency generators.
n. 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.
o. 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 submitting the LURU if said owner 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 transferred any part of
the Brownfields Property during the previous calendar year; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.j.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,
15
Wheat Fields/22051-18-092/20201217

and, if so, how.
13. The desired result of the above -referenced remediation 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.
VIIL ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.k. 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
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
16
Wheat Fields/22051-18-092/20201217

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
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
17
Wheat Fields/22051-18-092/20201217

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
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
Wheat Fields/22051-18-092/20201217

the Brownfields Property Application dated July 27, 2018, by which it applied for this
Agreement. That use is that which is provided above 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
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.
19
Wheat Fields/22051-18-092/20201217

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
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
20
Wheat Fields/22051-18-092/20201217

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 § I I3A-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.
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
21
Wheat Fields/22051-18-092/20201217

Developer, its officers, directors, employees, and agents. Each Party'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 fmding 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.
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,
22
Wheat Fields/22051-18-092/20201217

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
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)
23
Wheat Fields/22051-18-092/20201217

N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Omar El-Kaissi, Manager
Sassom, LLC
10121 Capital Blvd., Suite 105
Wake Forest, NC 27587
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.
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 VIII
(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
24
Wheat Fields/22051-18-092/20201217

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
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
25
Wheat Fields/22051-18-092/20201217

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.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Ellen Lorscheider Date
Deputy Director, Division of Waste Management
IT IS SO AGREED:
Sassom, LLC
By:
Omar El-Kaissi
Manager
26
Date
Wheat Fields/22051-18-092/20201217

b
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WHEAT FIELDS DEVELOPMENT
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FIGURE NO.:
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WAKE FOREST, WAKE COUNTY, NC
Engineers I Planners I Surveyors
APPROVED BY:
DATE:
PROJECT NO.:
GENERAL LOCATION MAP
LRE
12/16/20
02180643.01
115 MacKenan
Drive I Cary, NC 275111 t:919.469.3340I license #: C-0832I

Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on October 10, 2019. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the 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
Recent
Sampling
Most Recent
Concentration
Exceeding
Standard
(µg/L)
Standard
W/L)
Benzene
MW-1
7/23/2007
1,800
1/10/2019
501
1
MW-2'
7/23/2007
8.3
7/23/2007
8.3
Ethylbenzene
MW-1
1/10/2019
2,180
1/10/2019
2,180
600
Isopropylbenzene
MW-1
1/10/2019
89.8
1/10/2019
89.8
70
Lead
MW-1
7/23/2007
74
7/23/2007
74
15
Naphthalene
MW-1
1/10/2019
581
1/10/2019
581
6
n-Propylbenzene
MW-1
1/10/2019
232
1/10/2019
232
70
Styrene
MW-1
8/28/2015
150
1/10/2019
<15.4
70
1,1,1,2-
Tetrachloroethane
MW-1
8/28/2015
16
1/10/2019
<19.2
1
Toluene
MW-1
8/28/2015
6,500
1/10/2019
6,220
600
TPH, C5-C8 Aliphatics
MW-1
8/28/2015
28,000
8/28/2015
28,000
400
TPH, C9-C12 Aliphatics
MW-1
8/28/2015
20,000
8/28/2015
20,000
700
TPH, C9-C 10 Aromatics
MW-1
8/28/2015
5,100
8/28/2015
5,100
200
1,2,4 Trimethylbenzene
MW-1
1/10/2019
1,600
1/10/2019
1,600
400
1,2,3 Trimethylbenzene
MW-1
1/10/2019
429
1/10/2019
429
NS
1,3,5 Trimethylbenzene
MW-1
1/10/2019
434
1/10/2019
434
400
Xylenes, Total
MW-1
1/10/2019
11,000
1/10/2019
11,000
500
TPH — Total Petroleum Hydrocarbons
NS — No standard established
'The construction of monitoring well MW-2 was found to be compromised in August 2015; it was abandoned on
January 9, 2019.
Wheatfields/22051-18-092/20201217

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 Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management July 2020 version):
Contaminant
Location
Date of
Most
Recent
Sampling
Most Recent
Concentration
Screening
Level (µg/L)
Non Residential
Screening
Level'
(µg/L)
Benzene
MW-1
1/10/2019
501
69
n-Butylbenzene
MW-1
8/28/2015
18
NS
sec-Butylbenzene
MW-1
8/28/2015
12
NS
2,4-Dimethylphenol
MW-1
1/10/2019
11.9
NS
Etylbenzene
MW-1
1/10/2019
2,180
150
Naphthalene
MW-1
1/10/2019
581
200
TPH, C5-C8 Aliphatics
MW-1
8/28/2015
28,000
71
TPH, C9-02 Aliphatics
MW-1
8/28/2015
20,000
6.3
TPH, C9-C10 Aromatics
MW-1
8/28/2015
5,100
1,300
Xylenes, Total
MW-1
1/10/2019
11,000
3,200
' 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
TPH — Total Petroleum Hydrocarbons
Wheatfields/22051-18-092/20201217
2

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial 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)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Industrial
Screening
Level (mg/kg)
1,2-Dibromo-3-
chloropropane
T1SW4-1
8-9
1/9/2019
0.338
0.068
1,2-Dibromoethane
T1SW4-1
8-9
1/9/2019
0.218
0.17
Ethylbenzene
MW-1
17-18
7/23/2007
51
27
T1SW4-1
8-9
1/9/2019
33.2
p-Isopropyltoluene
T 1 SW2-1
14-15
1/9/2019
1.15
NS
T1SW3-1
20-21
1/9/2019
0.287
T1SW4-1
8-9
1/9/2019
2.51
Naphthalene
MW-1
11-12
7/23/2007
14
8.8
MW-12
17-18
7/23/2007
18
T 1 SW2-1
14-15
1/9/2019
14.4
T 1 SW4-1
8-9
1/9/2019
16.3
Phenanthrene
T1SW2-1
14-15
1/9/2019
0.0711
NS
T1SW3-1
20-21
1/9/2019
0.0422
T1SW4-1
8-9
1/9/2019
0.0714
TPH, C5-C8
Aliphatics
MW-1
11-12
2/23/2006
1,600
460
MW-1
17-18
2/23/2006
1,700
TPH, C9-C10
Aromatics
MW-1
11-12
2/23/2006
380
120
MW-1
17-18
2/23/2006
350
TPH-DRO
Diesel-1
12-12.5
4/5/2005
2,800
100 3
Diesel-2
11-11.5
4/5/2005
1,000
TPH-GRO
Diesel-1
12-12.5
4/5/2005
94
503
Gas-1
10-10.5
4/5/2005
1,500
Gas-2
10-10.5
4/5/2005
340
'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.
2The depth to groundwater in MW-1 was measured at 17.18 ft below the top of the well casing; therefore, deeper
soil sample results may reflect groundwater contamination, although the soil samples were collected over a year
earlier than the date that monitoring well MW-1 was installed.
'NC DEQ Underground Storage Tank Section Action Level
NS - No established screening level
TPH - Total Petroleum Hydrocarbons
TPH-DRO - Total Petroleum Hydrocarbons, Diesel Range Organics
TPH-GRO - Total Petroleum Hydrocarbons, Gasoline Range Organics
Wheatfields/22051-18-092/20201217

SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2020 version):
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Leve s
(µg/m )
1,3-Dichlorobenzene
SV-7
10/10/2019
1.9
NS
Ethanol
SV-1
10/10/2019
61
NS
SV-2
10/10/2019
92
SV-3
10/10/2019
26
SV-4
10/10/2019
25
SV-7
10/10/2019
14
SV-9
10/10/2019
16
4-Ethyltoluene
SV-1
10/10/2019
0.9
NS
SV-2
10/10/2019
1.4
SV-3
10/10/2019
1.3
SV-5
10/10/2019
3.9
SV-6
10/10/2019
2.6
SV-7
10/10/2019
4.1
SV-8
10/10/2019
2.9
SV-9/Dup
10/10/2019
4.0/4.0
Trichlorofluoromethane
SV-1
10/10/2019
1.4J
NS
SV-2
10/10/2019
1.5J
SV-3
10/10/2019
1.4J
SV-4
10/10/2019
1.3J
SV-6
10/10/2019
2.OJ
'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
Wheatfields/22051-18-092/20201217
4

GLOBAL POSITIONING SYSTEM (GPS) COORDINATES WERE
USED FOR BASIS OF BEARINGS ON THIS PLAT THE
C�
FOLLOWING INFORMATION WAS USED TO PERFORM THE GPS
.fs
GNSS SURVEY.-
CLASS OF SURVEY: CLASS A
POSITIONAL ACCURACY 0.02(+/-)
TYPE OF GPS FIELD PROCEDURE: RTK, NCGS REAL-TIME
NETWORK
FOUNDATION DR
S
DATE OF SURVEY: MARCH 24, 2020
Ft00GCN RO
DATUM/EPOCH: NAD 8,312011
gRPN
PUBLISHED/FIXED-CONTROL USE: LOCALIZED AROUND SITE
SITE
CONTROL - WITHERSRAVENEL CONTROL POINT #2
Lu
SWMVVQ
GEOID MODEL: GEIOD 12B
OD qVE
COMBINED GRID FACTOR: 0.999936687
UNITS: US SURVEY FEET
LU
0
m
m
PS 11PS
p
PP U
IPS J
COLUMBIA HERITAGE OP, LLC w m
D.B. 16608, PG. 2044 m w \ S
B.M. 2016, PG. 1928 IPS
VICINITY MAP NO SCALE PIN:1749-58-7900
TSP
GW PP Cif
OWNER'S CERTIFICATION
�0 SP
THIS CERTIFIES AND WARRANTS THAT THE UNDERSIGNED IS GW
(ARE) THE SOLE OWNER(S) OF THE PROPERTY SHOWN ON THE
MAP OR PLAT AND ANY ACCOMPANYING SHEETS HAVING ® co
-
ACQUIRED THE PROPERTY IN FEE SIMPLE BY DEED(S) I o
RECORDED IN THE COUNTY REGISTER OF DEEDS OFFICE WHERE I
THE PROPERTY IS LOCATED AND AS SUCH HAS (HAVE) THE
Z
RIGHT TO CONVEY THE PROPERTY IN FEE SIMPLE. 0
SIGNATURE(S) & TITLE/POSITION OF PROPERTY OWNER(S)
NOTARY STATEMENT
STATE OF
COUNTY OF
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:
PRINTED NAME:
MY COMMISSION EXPIRES:
117,111110i011111m1
2020
, NOTARY PUBLIC
WAKE COUNTY BOARD OF
EDUCATION
D.B. 13625, PG. 1724
B.M. 2009, PG. 661
PIN:1749-47-7456
I, MATTHEW A. TIMBLIN, PROFESSIONAL LAND SURVEYOR
LICENSE NO. L-4844, CERTIFY TO ONE OF THE FOLLOWING
AS CHECKED BELOW;
® C. THAT THE SURVEY IS OF AN EXISTING PARCEL OR
PARCELS OF LAND AND DOES NOT CREATE A NEW STREET
OR CHANGE AND EXISTING STREET.
MATTHEW A. TIMBLIN, PROFESSIONAL LAND SURVEYOR L-4844
WMH
TSP
a
m w
w
CB
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of j m
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Of m m
g
U- Cr
w
UU
N
L0
ofz
RCP
I, GW
TSP
GW
IPS
LEGEND (UNLESS OTHERWISE NOTED)
LEGEND CONT.
BC -
BACK OF CURB
LP - LIGHT POLE
CB -
CATCH BASIN
MB - MAILBOX
EB -
ELECTRIC BOX
PP - POWER POLE
EP -
EDGE OF PAVEMENT
S - SIGN
FES
- FLARED END SECTION
SSMH - SANITARY SEWER MANHOLE
FOB
- FIBER OPTIC BOX
TSB - TRAFFIC SIGNAL BOX
GMK
- NATURAL GAS MARKER
TSP - TRAFFIC SIGNAL POLE
GW -
GUY WIRE
WMH - WATER MANHOLE
IPF -
IRON PIPE FOUND
WV - WATER VALVE
IPS -
IRON PIPE SET
JB -
STORM DRAIN JUNCTION BOX
0000 STREET ADDRESS
El - SOIL SAMPLE LOCATION
® - SOIL VAPOR SAMPLE LOCATION
$ - GROUNDWATER SAMPLE
LOCATION
0
CURVE TABLE
CURVE
ARC LENGTH
RADIUS
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
C1
18.43'
795.00'
1 °19'42"
N 05°20'56" E
18.43'
C2
62.60'
38.00'
94°23'32"
S 42°48'26" E
55.76'
C3
4.64'
37.50'
7 05'38"
S 86°27'32" E
4.64'
C4
59.31'
273.50'
12°25'27"
N 77°38'27" E
59.19'
C5
14.98'
282.75'
3°02'09"
N 70°09'03" E
14.98-
C6
26.39'
282.75'
5°20'51"
N 65°57'34" E
26.38'
C7
69.88'
326.50'
12'1548"
N 65°57'50" E
69.75'
C8
21.21'
326.50'
3°43'22"
N 73°57'24" E
21.21'
C9
146.64'
454.79'
18°28'29"
S 65°37'49" E
146.01'
C10
16.13'
261.50'
3°32'05"
S 73°51'46" W
16.13'
C11
18.83'
261.50'
4°07'33
S 70°01'56" W
118.83'
\_6
PHILLIP REID STROUD III G1 IPS
D.B. 17789, PG. 1265 LOT 1
B.M. 2020, PG. 268 IPS AREA
PIN:1749-68-1910 (NOT INCLUDED IN BROWNFIELDS AGREEMENT)
0.422 Acres
1-1R
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SASSOM LLC 18,404 Sq. Feet IPS WV �•
IPF IPF S 88°09'23" W 118.45'
D.B. 17789, PG. 1399 IPF ........................LPRIVATE OP
G5 IPS G6 IPS B.M.12020, PG. 268 7265 PG. 154 IPF G11 C10 IPF BEAZERHOM \ QA4.21 19 PG 6g7CE CB CB
PS L3 C3 B.M. 2020, PG, LQr ES, LLC
L4 CQ CURRENT PIN: 1749-68-1448 IPF D.B. 187j0 59 �� \
IPS IpS IPS SJ2° FORMER PIN:1749-68-3737 e'M2019 PG.590 SSMH111, /
\ IPS 1g64 F 163.1j, CONTROLCORNER ORNER PIN' 174y-684;144gl
\ EX/STING IRON PIPE
\
OhF
BROWNFIELDS PROPERTY LINE
\ SEE NOTE #6
\OyF GW
LOT 1 "A
BROWNFIELD AREA
5.085 Acres GW
221,535 Sq. Feet
SASSOM LLC
D.B. 17265, PG. 154 I
B.M. 2020, PG. 268 DUMPSTER PAD
CURRENT PIN' 1749-68-1448 AREA' 0 022 A
cres SV-1
FORMER PIN: 1749-68-1426 m 958 Sq. Feet
® N: 798,585.83
10 99 E:2,146,261.50
MW-2 DIESEL-1
N: 798,553.68 N. 798,550.84
E: 2,146,170.59 I E: 2,146,172.46
SEPTIC TANK
ACCESS LID DIESEL-2
N: 798,545.53
E: 2,146,171.72
FORMER LOCATION OF
O= UNDERGROUND FUEL TANK
m
SV-6 SV-7 I SV-2
® N: 798,490.59 Q N: 798,490.81 ® N: 798,488.89
E:2,146,029.41 E:2,146,088.74 I E:2,146,261.18
S
SV-9
N: 798,426.96 I
CONCRETE DRIVEWAY E: 2,146,088.21
LP MW-1 0
N:79Q415 24 m
E2,146,126.Q126.00 GAS-1
N: 798,414.97
SV-8 E:2,146,130.01 T1SW4-1
N: 798,412.92
N:798,426.84 T1SW2-1 GAS-2 E:2,146,142.55
I I I
CERTIFICATE OF SURVEY & ACCURACY
1
I, MATTHEW A. TIMBLIN, LICENSED AS A PROFESSIONAL LAND SURVEYOR IN
THE STATE OF NORTH CAROLINA, DO HEREBY CERTIFY THAT THIS PLAT
WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE
UNDER MY SUPERVISION DEED DESCRIPTION RECORDED IN DEED BOOK
17265 , PAGE 154 AND DEED BOOK 17789, PAGE 1399 THAT THE-�0000000000000p0n-
BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM "PREL I MI NAR Y
INFORMATION REFERENCED ON PLAT; THAT THE RATIO OF PRECISION AS
CALCULATED IS 1 : 136,000+ ; THAT THIS MAP WAS PREPARED IN PLAT" NOT FOT
ACCORDANCE WITH G.S. 47-30, AS AMENDED. WITNESS MY ORIGINAL CONVEYANCE
SIGNATURE AND SEAL THIS 10TH DAY OF DECEMBER , A.D., 2020.
RECORDATION,
MATTHEW A. TIMBLIN, PROFESSIONAL LAND SURVEYOR L-4844 OR SALES
0000
00000000°V
E:2,146,048.68 N:798,413.60 1 N:798,409.08 SV-3
E: 2,146,113.34 E: 2,146,129.54 Q N: 798,398.84
pp� FORMER LOCATION OF E:2,146,264.05
UNDERGROUND FUEL TANK
T1SW3-1 0
N:798,390.82 m
E:2,146,123.03
CONCRETE \
P, I
CONCRETE 0 I
QZP� y� 0
ELECTRIC m
OUTLET SVA
SV-5 N: 798,276.26 ® PP
ON:798,274.21 E:2,146,166.61 E: 2,146,077.33 GW tV
GW
60' PRIVATE ACCESS EASEMENT /
B.M 1988, PG. 1417
B.M. 2020, PG. 268
1 PP
S 89°59'06" W 433.98'
OPTIMAL EQUITY GROUP LLC
D.B. 17673, PG. 2089
B.M. 1988, PG,1417
PIN : 1749-68-0097
IPF
IPF
IPF
IPF
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AREAS COMPUTED BY COORDINATE METHOD.
BASIS OF BEARINGS NAD 83(2011)
ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.
THE SUBJECT PROPERTY DOES NOT LIE WITHIN A
F.E.M.A. DESIGNATED FLOODPLAIN PER FIRM MAP
NUMBER 3720174900J, AND WITH AN EFFECTIVE DATE
OF MAY 02, 2006.
THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT
OF A TITLE REPORT AND THE PROPERTY MAY BE
SUBJECT TO ADDITIONAL MATTERS WHICH A COMPLETE
TITLE SEARCH WOULD REVEAL.
THE PURPOSE OF THIS PLAT IS TO DEPICT THE AREA
OF LAND SUBJECT TO THE BROWNFIELDS AGREEMENT.
THE BROWNFIELDS PROPERTY REFERS TO THE AREA
OF LAND SUBJECT TO THE BROWNFIELDS AGREEMENT
AND IS A PORTION OF LOT 1.
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 THIS PLAT
ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS
PROPERTY.
N.C. GRID COORDS.
l
N=798, 697.960'
BEAZERH0446S
E=2, 146,334.382'
D.8 58 LLC
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PIN.
IN
\
174g 68 4639, \
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PIN' 17gg 6P 45647
\ 18 WITHERSRAVENEL \
GPS CONTROL POINT J2
\ NAD 83(2011)
SrRODD,NAEp NC GRID/GROUND COORS
D B. 1690 r 55 OREST Lp E: 798, 5 526.26'
N.
8'M. 2019 PG 1069
PIN 7799-' G 644 NAVD 88 ELEV.• 285.50'
684513
BEAZERHOMES, LLC W
Lorsa LI
D.B. 17971, PG, 2522 ~ B.M. 2019, PG. 644 c J a PIN.1749-68.4407 03 o,' A
ij
a N
Z h m B
BEAZER HOMES, LLC I E
LOT 53
D.B. 18028, PG, 101
B.M. 2019, PG. 644 L
PIN: 1749-68-4401
0
BEAZER HOMES, LLC RI
LOT 52
D.B. 18170, PG. 590 S
B.M. 2019, PG. 644
PIN:1749-68-3395
- S
ROBERT S. LEE
CHRISTY H.LEE
LOT51
D.B. 18075, PG. 1478 I
B.M. 2019, PG. 644
PIN:1749-68-3395 \
BF
BEAZER
SA
PIN:
BC
o WMH ZE- WV S
IPS S
C e
IPF
STROUATEOPWAKE FOREST LP C> /SIMWOOD AVENUE
PRIVATE OPEN SPACE i
D.B. 16902, PG. 1059 Ss 60' PUBLIC RAN
B.M 2019, PG. 644 B.M. 2019, PG. 644
PIN: 1749-68-43958
GRAPHIC SCALE OWNER & PROSPECTIVE
60' 0' 30' 60' 120' DEVELOPER DATA:
SASSOM LLC
10121 CAPITAL BLVD
SUITE 105
EP
V
SSMH
LINE TABLE
LINE
BEARING
DISTANCE
L1
S 72'14'41" E
5.60'
L2
S 04°23'34" W
38.84'
L3
N 89°59'39" E
37.33'
L4
S 82°54'44" E
74.69'
L5
N 59°53'36" E
71.95.
L6
N 77°25'08" E
53.04'
L7
S 77°25'09" W
50.42'
L8
S 19°27'52" W
30.02'
L9
N 05°39'42" E
10.00'
1 inch = 60 ft. WAKE FOREST, NC 27587
REVISIONS: DATE:12-09-2020 EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT
SCALE: 1"=60' OWNER & PROSPECTIVE DEVELOPER: SASSOM LLC
SURVEYED BY: AB BROWNFIELDS PROJECT NO. 22051-18-092 / WHEAT FIELDS DEVELOPMENT
1009 FORESTVILLE ROAD
DRAWN BY: MT WAKE FOREST, NC 27587
CHECK 8 CLOSURE BY: MT
TOWNSHIP: WAKE FOREST COUNTY: WAKE STATE: NORTH CAROLINA
CAD FILE: BF_20013
PROJECT NO:02180643.01 ZONE: NB P.I.N. 1749-68-1448 SHEET 1 OF 2
NE LEGEND
DJOINING LINE
PROPERTY LINE
EE NOTE #6)
ASEMENT - -
OT LINE (REMOVED)
VERHEAD ELECTRIC LINE OHE
GHT OF WAY - - -
SEWER
TORM DRAIN PIPE- --SD---SD-
REVIEW OFFICER CERTIFICATE
STATE OF NORTH CAROLINA
WAKE COUNTY
I, REVIEW OFFICER OF WAKE COUNTY,
CERTIFY THAT THIS PLAT MEETS ALL STATUTORY REQUIREMENTS FOR
RECORDING.
REVIEW OFFICER
DATE
MOO WithersRavenel
00 Engineers I Planners I Surveyors
115 MacKenan Drive I Cary, NC 275111 t: 919.469.3340 1 license #: C-0832 I
www.withersravenel.com

-0
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FOUNDATION DR gRPNCHS�D
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VICINITY MAP NO SCALE
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial 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)
Date of
Sampling
Concentration
Exceeding
Screening
Level
m
Industrial
Screening
Level (mg/kg)
1,2-Dibromo-3-
chloro ro ane
T1SW4-1
8-9
1/9/2019
0.338
0.068
1,2-Dibromoethane
T1SW4-1
8-9
1/9/2019
0.218
0.17
Ethylbenzene
MW-1
17-18
7/23/2007
51
27
T1SW4-1
8-9
1/9/2019
33.2
p-Isopropyltoluene
T 1 S W 2-1
14-15
1/9/2019
1.15
NS
T1SW3-1
20-21
1/9/2019
0.287
T1SW4-1
8-9
1/9/2019
2.51
Naphthalene
MW-1
11-12
1 7/23/2007
14
8.8
MW-12
17-18
7/23/2007
18
T 1 SW2-1
14-15
1/9/2019
14.4
T 1 S W 4-1
8-9
1/9/2019
16.3
Phenanthrene
T1SW2-1
14-15
1/9/2019
0.0711
NS
T1SW3-1
20-21
1/9/2019
0.0422
TISW4-1
8-9
1/9/2019
0.0714
TPH, C5-C8
Aliphatics
MW-1
11-12
1 2/23/2006
1,600
460
MW-1
17-18
2/23/2006
1,700
TPH, C9-CIO
Aromatics
MW-1
11-12
2/23/2006
380
120
MW-1
17-18
2/23/2006
350
TPH-DRO
Diesel-1
12-12.5
4/5/2005
2,800
100 s
Diesel-2
11-11.5
4/5/2005
1,000
TPH-GRO
Diesel-1
12-12.5
4/5/2005
94
50'
Gas-1
1 10-10.5
1 4/5/2005
1 1,500
Gas-2
1 10-10.5
1 4/5/2005
1 340
'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.
2The depth to groundwater in MW-1 was measured at 17.18 ft below the top of the well casing; therefore, deeper
soil sample results may reflect groundwater contamination, although the soil samples were collected over a year
earlier than the date that monitoring well MW-1 was installed.
'NC DEQ Underground Storage Tank Section Action Level
NS - No established screening level
TPH - Total Petroleum Hydrocarbons
TPH-DRO - Total Petroleum Hydrocarbons, Diesel Range Organics
TPH-GRO - Total Petroleum Hydrocarbons, Gasoline Range Organics
FOR THE PURPOSES OF N.C.G.S. § 130A-310.35
ELLEN LORSCHEIDER, DEPUTY DIRECTOR DATE
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
REVIEW OFFICER CERTIFICATE
STATE OF NORTH CAROLINA
WAKE COUNTY
I, , REVIEW OFFICER OF WAKE COUNTY,
CERTIFY THAT THIS PLAT MEETS ALL STATUTORY REQUIREMENTS FOR
RECORDING.
REVIEW OFFICER DATE
CERTIFICATE OF SURVEY & ACCURACY
1, MATTHEW A. TIMBLIN, LICENSED AS A PROFESSIONAL LAND SURVEYOR IN
THE STATE OF NORTH CAROLINA, DO HEREBY CERTIFY THAT THIS PLAT
WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE
UNDER MY SUPERVISION DEED DESCRIPTION RECORDED IN DEED BOOK
Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmentall Reports occurred on October 10, 2019. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the 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 Standard
L
Date of
Most
Recent
Sampling
Most Recent
Concentration
Exceeding
Standard
L
Standard
Benzene
MW-1
7/23/2007
1,800
1/10/2019
501
1
MW-2]
7/23/2007
8.3
7/23/2007
8.3
Ethylbenzene
MW-1
1/10/2019
2,180
1/10/2019
2,180
600
Iso ro lbenzene
MW-1
1/10/2019
89.8
1/10/2019
89.8
70
Lead
MW-1
7/23/2007
74
7/23/2007
74
15
Na hthalene
MW-1
1/10/2019
581
1/10/2019
581
6
n-Pro lbenzene
MW-1
1/10/2019
232
1/10/2019
1 232
70
Styrene
MW-1
8/28/2015
150
1/10/2019
<15.4
70
1,1,1,2-
Tetrachloroethane
MW-1
8/28/2015
16
1/10/2019
<19.2
1
Toluene
MW-1
8/28/2015
6,500
1/10/2019
6,220
600
TPH, C5-C8 Aliphatics
MW-1
8/28/2015
28,000
8/28/2015
28,000
400
TPH, C9-C12 Aliphatics
MW-1
8/28/20:15
20,000
8/28/2015
20,000
700
TPH, C9-C 10 Aromatics
MW-1
8/28/20:15
5,100
8/28/2015
5,100
200
1,2,4 Trimethylbenzene
MW-1
1/10/2019
1,600
1/10/2019
1,600
400
1,2,3 Trimeth lbenzene
I MW-1
1/10/20.19
429
1/10/2019
1 429
NS
1,3,5 Trimethylbenzene
MW-1
1/10/20l9
434
1/10/2019
434
400
X lens, Total
MW-1
1/10/2019
11,000
1/10/2019
11,000
500
i YH - rotat Petroleum Hydrocarnons
NS - No standard established
'The construction of monitoring well MW-2 was found to be compromised in August 2015; it was abandoned on
January 9, 2019.
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 Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management July 2020 version):
Groundwater
Contaminant
Sample
Location
Date of
Most
Recent
Sampling
Most Recent
Concentration
Screening Exceeding
Level L
Non Residential
Screening
Level'
(µgo )
Benzene
MW-1
1/10/2019
501
69
n-Bu lbenzene
MW-1
8/28/2015
18
NS
sec-Bu lbenzene
MW-1
8/28/2015
12
NS
2,4-Dimeth 1 henol
MW-1
1/10/2019
11.9
NS
Ethylbenzene
MW-1
1/10/2019
2,180
150
Naphthalene
MW-1
1/10/2019
581
200
TPH, C5-C8 Aliphatics
MW-1
8/28/2015
28,000
71
TPH, C9-C12 Aliphatics
MW-1
8/28/2015
20,000
6.3
TPH, C9-C10 Aromatics
MW-1
8/28/2015
5,100
1,300
X lens, Total
MW-1
1/10/2019
11,000
3,200
' 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
TPH - Total Petroleum Hydrocarbons
SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2020 version):
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m)
Non -
Residential
Screening
Level,
(NPhm )
1,3-Dichlorobenzene
SV-7
10/10/2019
1.9
NS
Ethanol
SV-1
10/10/2019
61
NS
SV-2
10/10/2019
92
SV-3
10/10/2019
26
SV-4
10/10/2019
25
SV-7
10/10/2019
14
SV-9
10/10/2019
16
4-Ethyltoluene
SV-1
10/10/2019
0.9
NS
SV-2
10/10/2019
1.4
SV-3
10/10/2019
1.3
SV-5
10/10/2019
3.9
SV-6
10/10/2019
2.6
SV-7
10/10/2019
4.1
SV-8
10/10/2019
2.9
SV-9/Du
10/10/2019
4.0/4.0
Trichlorofluoromethane
SV-1
10/10/2019
1AJ
NS
SV-2
10/10/2019
1.5J
SV-3
10/10/2019
1AJ
SV-4
10/10/2019
1.3J
SV-6
10/10/2019
2.OJ
'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
17265 , PAGE 154 , AND DEED BOOK 17789, PAGE 1399 THAT THE .000000000000000n
REVISIONS:
BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM "PRELIMINARY
INFORMATION REFERENCED ON PLAT; THAT THE RATIO OF PRECISION AS
CALCULATED IS 1 : 136,000+ ; THAT THIS MAP WAS PREPARED IN PLAT" NOT FOR
ACCORDANCE WITH G.S. 47-30, AS AMENDED. WITNESS MY ORIGINAL CONVEYANCE
SIGNATURE AND SEAL THIS 2ND DAY OF JUNE , A.D., 2020. /
RECORDATION,
MATTHEW A. TIMBLIN, PROFESSIONAL LAND SURVEYOR L-4844 OR SALES
v11
00000000000000
LAND USE RESTRICT IONS
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/nu nbers 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 shall be made of the Brownfields Property other than for retail, restaurant, associated parking, and subject to DEQ's prior written approval, other commercial uses. For purposes of this
restriction, the following definitions apply:
i. "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/or
beverage products.
ii. "Restaurant" is defined as a commercial business establishment that prepares and serves food and beverages to patrons.
iii. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for the same
iv. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care centers or adult care centers, without the prior written approval of DEQ.
c. 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, 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 Exhibit 2;
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. plaits for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of excavated soil during redevelopment.
d. 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 Section VI: Work to be Performed above;
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).
e. Groundwater at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse techniques, without the prior written
approval of DEQ.
f. 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 (lays 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 EMP as outlined in subparagraph 12.c. above.
g. No use of the Brown] elds Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in writing by DEQ, of
any area that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways within the Brownfields Property.
h. The Brownfields Property may not be used for ground -contact sports of any kind, including, but not limited to, golf, football, soccer and baseball, without the prior written approval of DEQ.
i. 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 ofDEQ, unless conducted in accordance
with an approved EMP as outlined in subparagraph 12.c. above.
j. 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 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.
k. 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.
1. 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 comply with the confidentiality and trade secret
provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this paragraph: (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 paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in
Section XVII (Notices 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 XVII.
in. 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 minirnis quantities for cleaning and other routine housekeeping and maintenance activities;
ii. as constituents of products and materials customarily used and stored in retail, restaurants, 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 fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators.
n. 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.
o. 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 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:
i. the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the owner submitting the LURU if said owner 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 transferred any part of the Brownfields Property during the
previous calendar year; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.j.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.
DATE:12-09-2020 EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT
SCALE: N/A OWNER & PROSPECTIVE DEVELOPER: SASSOM LLC
SURVEYED BY: AB BROWNFIELDS PROJECT NO. 22051-18-092 / WHEAT FIELDS DEVELOPMENT 1/
1009 FORESTVILLE ROAD
DRAWN BY: MT WAKE FOREST, NC 27587
CHECK fJ CLOSURE BY: MT
TOWNSHIP: WAKE FOREST COUNTY: WAKE STATE: NORTH CAROLINA
CAD FILE: BF_20013
PROJECT NO:02180643.01 ZONE: NB P.I.N. 1749-68-1448 SHEET 2 OF 2
WithersRavenel
Engineers I Planners I Surveyors
115 MacKenan Drive I Cary, NC 275111 t: 919.469.3340 1 license #: C-0832 1
www.withersravenel.com

Exhibit C
Legal Description
SASSOM, LLC (BROWNFIELDS PARCEL)
BEGINNING AT AN IRON PIPE CONTROL CORNER ON THE EASTERN BOUNDARY OF THE SASSOM, LLC
PROPERTY, SAID CORNER HAVING NC GRID COORDINATES (NAD 83 — 2011) N=798.697.960',
E=2,146,334.382'; THENCE SOUTH 00'57'08" EAST 467.35 FEET TO AN IRON PIPE; THENCE SOUTH
19*27'52" WEST 30.02 FEET TO AN IRON PIPE; THENCE SOUTH 89'59'06" WEST 433.98 FEET TO AN IRON
PIPE; THENCE NORTH 04°55'22" EAST 417.09 FEETTO AN IRON PIPE; THENCE NORTH 04°41'06" EAST
185.24 FEET TO AN IRON PIPE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 795.00
FEET, AN ARC LENGTH OF 18.43 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 05-20'56"
EAST 18.43 FEETTO AN IRON PIPE; THENCE SOUTH 72°14'41" EAST 5.60 FEET TO AN IRON PIPE; THENCE
SOUTH 04°23'34" WEST 38.84 FEET TO AN IRON PIPE; THENCE ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 38.00 FEET, AN ARC LENGTH OF 62.60 FEET, AND A CHORD BEARING AND DISTANCE OF
SOUTH 42°48'26" EAST 55.76 FEET TO AN IRON PIPE; THENCE NORTH 89°59'39" EAST 37.33 FEET TO AN
IRON PIPE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 37.50 FEET, AN ARC LENGTH
OF 4.64 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 86°27'32" EAST 4.64 FEET TO AN IRON
PIPE; THENCE SOUTH 82°54'43" EAST 74.69 FEET TO AN IRON PIPE; THENCE ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 273.50 FEET, AN ARC LENGTH OF 59.31 FEET, AND A CHORD BEARING AND
DISTANCE OF NORTH 77°38'27" EAST 59.19 FEETTO AN IRON PIPE; THENCE ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 282.75 FEET, AN ARC LENGTH OF 14.98 FEET, AND A CHORD BEARING AND
DISTANCE OF NORTH 70°09'03" EAST 14.98 FEETTO AN IRON PIPE; THENCE SOUTH 72°14'54" EAST
163.11 FEET TO THE POINT AND PLACE OF BEGINNING CONTAINING 221,535 SQ. FT., 5.085 ACRES MORE
OR LESS.
Wheat Fields Development/22051-18-092/20201217