20026_Kaiser Fluids_Trailhead 4100 Owner_LURU 2022

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE Year Certification Made: 2022 Project: Kaiser Fluids Tech II
Project Number: 20026-16-060
NONCD0001946
Address: 530 East Sugar Creek Rd.
County: Mecklenburg
Property Owner (In part or whole) /Association: Trailhead 4100 Owner LLC. [NOTE TO BROWNFIELDS PROGRAM: Trailhead 4100 Owner LLC acquired parcel 09107204 on July
23, 2021. Trailhead 4100 Owner LLC’s certifications in this LURU are limited to the portion of
the Brownfields Property it owned as of July 23, 2021]. Read the following LURs/DPLURs and mark each restriction accordingly. Additional remarks may be added for compliance status clarification. Attach any required or supplemental documentation, sign, notarize and submit to the following address or email: NC Division of Waste Management Attn: Brownfields Property Management Unit 1646 Mail Service Center Raleigh, NC 27699-1646 [e-mail]
LUR 1: No use may be made of the Brownfields Property other than for high density
multi-family residential, retail, office, parking, warehouse, industrial, open space and with prior written DEQ approval, other commercial uses. For purposes of this restriction, the following definitions apply:
a. High Density Residential is defined as permanent dwellings where multi-family
residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards are prohibited), and may include
related amenities, such as pools, clubhouses, courtyards, common areas, recreation
areas, and parking garages. Note, the only allowable “Area of Potential High Density Residential Use” is depicted on the plat component of the Notice of Brownfields Property referenced below in paragraph 20. Single family homes are prohibited; townhomes, duplexes, or other units with yards are prohibited unless
approved in writing by DEQ in advance.
b. Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and beverage products. c. Office is defined as the provision of business or professional service. d. Parking is defined as the temporary accommodation of motor vehicles in an area
designed for same. e. Warehousing is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of
industry or commercial activity. f. Industrial is defined as the assembly, fabrication, processing, warehousing, or distribution of goods or materials.
Kaiser Fluids Tech II (#20026-16-060 NONCD0001946) LUR Update
g. Open Space is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, detention facilities for
stormwater.
h. Commercial is defined as an enterprise carried on for profit by the owner, lessee, or licensee.
☒ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any violations of this land use restriction as to the portion of the Brownfields Property and the time
period to which this LURU applies.

LUR 2: The Brownfields Property may not be used for child care, adult care centers, or
schools without the prior written approval of DEQ. Notwithstanding the foregoing, a business
enterprise is allowed to offer drop-in care as defined in NC Statute § 110-86 (2)(d) and (d1). Drop-in care that is ancillary to the business’ principal use (such as a fitness club or yoga studio) as a service to its customers.
☒ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any
violations of this land use restriction as to the portion of the Brownfields Property and the time
period to which this LURU applies.
LUR 3: Groundwater and surface water, at the Brownfields Property may not be used
for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in LUR 1 above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in LUR 8, or a plan approved in writing in
advance by DEQ.
☒ In compliance ☐ Out of compliance

Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any violations of this land use restriction as to the portion of the Brownfields Property and the time period to which this LURU applies.

Kaiser Fluids Tech II (#20026-16-060 NONCD0001946) LUR Update
LUR 4: 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 LUR 1 above while fully protecting public health and the environment, except: a. in connection with landscape planting to depths not exceeding 24” but shall not
occur in the “Area of Known PCB Soil Contamination” depicted on the plat
component of the Notice of Brownfields Property referenced in paragraph 20 of the Agreement; b. mowing and pruning of above-ground vegetation; c. for the 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 d. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (“EMP”) as outlined in LUR 8.

☒ In compliance ☐ Out of compliance

Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any violations of this land use restriction as to the portion of the Brownfields Property and the time period to which this LURU applies.

LUR 5: The owner(s) of each portion of the Brownfields Property denominated “Area of Known PCB Soil Contamination” on the plat component of the Notice referenced in paragraph 20 below shall be responsible for maintaining the asphalt cap over that portion, and for including
with each year’s LURU (see LUR 15 below) a certification that the asphalt cap is being properly
maintained. The soil in this portion of the Brownfields Property may not be exposed, except as otherwise approved in writing by DEQ in advance or in accordance with an approved EMP as outlined in LUR 8.
☒ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any
violations of this land use restriction as to the portion of the Brownfields Property and the time period to which this LURU applies.

LUR 6: 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 LUR 8.
Kaiser Fluids Tech II (#20026-16-060 NONCD0001946) LUR Update

☒ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any violations of this land use restriction as to the portion of the Brownfields Property and the time
period to which this LURU applies.

LUR 7: 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 20 of the Ageement, may be occupied until DEQ determines in writing that: a. the building is or would be protective of the building’s users and public health from
the risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or b. a vapor intrusion mitigation system (VIMS) has been:
i. designed to mitigate vapors for subgrade building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council
(ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and that said design shall fully protect public health to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, and shall
include a performance monitoring plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and
ii. installed and an installation report is submitted for written DEQ
approval that includes details on any deviations from the system
design, as-built diagrams, photographs, and a description of the installation with said engineer’s professional seal confirming that the system was installed per the DEQ-approved design and will be protective of public health.

☒ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any
violations of this land use restriction as to the portion of the Brownfields Property and the time
period to which this LURU applies.

LUR 8: Physical redevelopment of the Brownfields Property may not occur other than
Kaiser Fluids Tech II (#20026-16-060 NONCD0001946) LUR Update
in accord, as determined by DEQ, with an 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 the use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
a. soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports; b. issues related to potential sources of contamination referenced in paragraph 7 and 8 or in Exhibit 2 of the Agreement; c. 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 d. plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment.

☒ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and
belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any violations of this land use restriction as to the portion of the Brownfields Property and the time period to which this LURU applies.

LUR 9: No later than January 30 after each one-year anniversary of the effective date of the 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: a. actions taken on the Brownfields Property in accordance with Section V: Work to be Performed above; b. soil grading and cut and fill actions; c. methodology(ies) employed for field screening, sampling and laboratory analysis
of environmental media; d. 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 e. 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).
☒ In compliance ☐ Out of compliance

Kaiser Fluids Tech II (#20026-16-060 NONCD0001946) LUR Update
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any
violations of this land use restriction as to the portion of the Brownfields Property and the time
period to which this LURU applies.

LUR 10: 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.

☒ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and
belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any
violations of this land use restriction as to the portion of the Brownfields Property and the time period to which this LURU applies.

LUR 11: 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 Mecklenburg County land records, Book 36300, Page 127.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner 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 XV (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 XV.
☒ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Two deeds containing the notice language are attached hereto. Trailhead 4100 Owner LLC has no knowledge of any violations of this land use
restriction as to the portion of the Brownfields Property and the time period to which this LURU applies.

LUR 12: None of the contaminants known to be present in the environmental media at the
Kaiser Fluids Tech II (#20026-16-060 NONCD0001946) LUR Update
Brownfields Property, as described in Exhibit 2 of the Agreement and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior written
approval of DEQ, except. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities.
☒ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any violations of this land use restriction as to the portion of the Brownfields Property and the time
period to which this LURU applies.

LUR 13: Within 30 days prior to land disturbance activities that will impact existing
groundwater monitoring wells, injection wells, recovery wells, piezometers and other man-made
points of groundwater access at the Brownfields Property, Prospective Developer shall notify DEQ that it is ready to effect the abandonment of those wells that are located in the area of land disturbance, in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Unless DEQ notifies Prospective
Developer within 10 days of receiving such notification to refrain from such abandonment,
Prospective Developer shall, on a schedule acceptable to DEQ, effect said abandonment and, within 30 days after doing so, provide DEQ a report, subject to DEQ approval, setting forth the procedures and results.
☒ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any
violations of this land use restriction as to the portion of the Brownfields Property and the time
period to which this LURU applies.
LUR 14: The owner of any portion of the Brownfields Property where subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for the repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this LUR is waived in writing by DEQ in advance.
☒ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and
belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any
violations of this land use restriction as to the portion of the Brownfields Property and the time period to which this LURU applies.
Kaiser Fluids Tech II (#20026-16-060 NONCD0001946) LUR Update

LUR 15: During January of each year after the year in which the Notice referenced in paragraph 20 of the Agreement is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following: a. the name, mailing address, telephone and facsimile numbers, and contact person’s
e-mail address of the owner or board, association or approved entity submitting the
LURU if said owner or each of the owners on whose behalf the joint LURU is submitted acquired any part of the Brownfields Property during the previous calendar year;
Trailhead 4100 Owner LLC acquired parcel 09107204 on July 23, 2021. Trailhead
4100 Owner LLC; 1831 Peachtree Road, Suite A, Atlanta, GA 30309; [e-mail]; 404-312-4743. b. the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner or each of the owners on whose
behalf the joint LURU is submitted transferred any part of the Brownfields Property during the previous calendar year for properties covered under a joint LURU, this portion is not required; N/A.
c. whether the “Area of Known PCB Soil Contamination” pursuant to LUR 5 above remains properly covered by impervious surface. They are being maintained such that they are intact, uncompromised, in good condition and continuing to serve as barriers to the soil contamination in relation to which they were installed;
Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. The two “Areas of Known PCB Contamination” remain properly covered by impervious surfaces that are being
maintained and are intact, uncompromised, in good condition, and continuing to
serve as barriers to the soil contamination. Trailhead 4100 Owner LLC has no knowledge of any violations of this land use restriction as to the portion of the Brownfields Property and the time period to which this LURU applies.
d. whether any vapor barrier and/or mitigation systems installed pursuant to LUR 7
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;
N/A.
Kaiser Fluids Tech II (#20026-16-060 NONCD0001946) LUR Update
e. A joint LURU may be submitted for multiple owners by a duly constituted board
or association and shall include the name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted;
N/A.
f. LURU’s submitted for any portion of the Brownfields Property that contains rental units shall include a list of tenants and their addresses; and
Charlotte Art League (4100-A Raleigh Street, Charlotte, North Carolina 28213);
Flywheel Group (4100 Raleigh Street, Charlotte, North Carolina 28213). g. A property owners’ association or other entity may perform this LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association or
entity has accepted responsibility for such performance pursuant to a notarized
instrument satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted.
N/A.

☒ In compliance ☐ Out of compliance

Remarks: Trailhead 4100 Owner LLC makes this certification upon its best information and belief after reasonable investigation. Trailhead 4100 Owner LLC has no knowledge of any violations of this land use restriction as to the portion of the Brownfields Property and the time period to which this LURU applies.

In order to remain compliant with the recorded Declaration of Perpetual Land Use Restrictions (“DPLUR”) as put forth by the Environmental Management Commission regarding a 15A NCAC 2L variance, the following restrictions also apply:

DPLUR 1: Groundwater beneath the Site shall not be used as a source or irrigation water. The installation of groundwater wells or other devices for access to groundwater for any purpose other than monitoring groundwater quality is prohibited without prior approval by the Director of the Division of Waste Management of the North Carolina Department of Environment
and Natural Resources (the “Director”).

☐ In compliance ☐ Out of compliance

Remarks: Trailhead 4100 Owner LLC does not own the parcel that is subject to the DPLUR and
thus makes no representation regarding this LUR.
Kaiser Fluids Tech II (#20026-16-060 NONCD0001946) LUR Update

DPLUR 2: No expansion of any building in existence on or prior to November 8, 2007,
nor any building constructed after November 8, 2007 may be used until mechanical ventilation with outdoor air is provided in compliance with the most current version of the Mechanical Ventilation section of the Ventilation chapter of the North Carolina State Building Code (“Code”) notwithstanding any exceptions the Code. Within thirty (30) days following installation of the
subject mechanical ventilation in a new building, or modification of a mechanical ventilation
system in connection with expansion of an existing building, a professional engineer licensed in North Carolina shall provide to the Director certification under seal that the ventilation system was installed in accordance with its design specification and complies with the Code.
☐ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC does not own the parcel that is subject to the DPLUR and thus makes no representation regarding this LUR.

DPLUR 3: The then-current owner of any portion of the Site shall submit a letter report, containing the notarized signature of the owner, in January of each year on or before January 31st,
to the Director, confirming that this Declaration is still recorded in the Office of the Mecklenburg
County Register of Deeds and that activities and conditions at the Site remain in compliance with the land use restrictions herein.
☐ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC does not own the parcel that is subject to the DPLUR and thus makes no representation regarding this LUR.

DPLUR 4: No person conduction environmental assessment or remediation at the Site, or involved in determining compliance with applicable land use restrictions, at the direction of, or pursuant to a permit or order issued by, the Director may be denied access to the Site for the purpose of conducting such activities.

☐ In compliance ☐ Out of compliance

Remarks: Trailhead 4100 Owner LLC does not own the parcel that is subject to the DPLUR and
thus makes no representation regarding this LUR.

DPLUR 5: The then-current owner of any portion of the Site shall cause the instrument
of any sale, lease, grant, or other transfer of any interest in the Site to include a provision expressly requiring the lessee, grantee, or transferee to comply with this Declaration. The failure to include
Kaiser Fluids Tech II (#20026-16-060 NONCD0001946) LUR Update
such provision shall not affect the validity or applicability of any land use restriction in this Declaration.

☐ In compliance ☐ Out of compliance
Remarks: Trailhead 4100 Owner LLC does not own the parcel that is subject to the DPLUR and
thus makes no representation regarding this LUR.

Kaiser Fluids Tech II (#20026-16-060 NONCD0001946)LUR Update
Name typed or printed of part}'making certification:Trailhead 4100 Owner LLC.
[Note:additional entities or owners may be added if appropriate (i.e.multiple managing members/entities)]
iager
(signature)
Date:
Official Signature of Notary'
Notarized signing and submittal of this LUR Update and letter report constitutes certification that
the Notice of Brownfields Property and the Declaration of Perpetual Land Use Restrictions
remains recorded at the Mecklenburg County Register of Deeds offices and that the LURs and
DPLURs are being complied with.
By:Third &Urban LLC.a Georgia limited liability
company,
Z \/Ji
By:Trailhead District,LLC,a Delaware limited
liability company,its sole Member
By:T&U Trailhead Manager,LLC,a Georgia
limited liability company,its Manager
By:T&U Trailhead Investor,LLC,a Georgia
limited liability company,its Manager
TRAILHEAD 4100 OWNER,LLC,a
Delaware limited liability company
COUNTY
By:
Name typed or printed:Hank Fanner
Title typed or printed:
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:.
This LUR Update and letter report is certified by Trailhead 4100 Owner LLC,the owner of at
least part of the Brownfields Property,or if appropriate another entity on behalf of some or all
owners,on this 21 day of January,2022.
xtyp/fev'zW7
Notary’s printed or typed name.Notary Public
My commission expires:
B36333 -P 1
Prepared by and after recording return to:
Moore &Van Allen PLLC
100 North Tryon Street,Suite 4700
Charlotte,North Carolina 28202
Attn:Logan E.Reilly
Tax Parcel Nos.:091-07-204
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
NORTH CAROLINA QUITCLAIM DEED
CHAR2\2446896v2
RE Excise Tax:$0.00
Fee:$26.00
*Under N.C.G.S.Section 105-228.29,no excise tax is
due in association with a transfer where no
consideration in property or money is due or paid by
the transferee to transferor.No consideration is being
paid in connection with conveyance of the property
being conveyed hereby.
Excise Stamps:$0.00*
For Registration
Fredrick Smith
Register of Deeds
Mecklenburg County,NC
Electronically Recorded
2021 Jul 23 03:24 PM
Book:36333 Page:1 ’4
Instrument Number:2021142839
submitted electronically by "Stewart Title Guaranty company -commercial services charlotte"
In compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Mecklenburg county Register of Deeds.
THIS NORTH CAROLINA QUITCLAIM DEED is made as of this ^davofSk ,2021,by
SUGAR CREEK STATION,LLC,a North Carolina limited liability company,having an address of 4100 Raleigh
B36333 -P 2
Grantor conveys the Property to Grantee without representation or warranty.
[signature page follows]
-2-
CHAR2\2446896v2
TO HAVE AND TO HOLD the Property,with all and singular the rights,members and
appurtenances thereof,to the same being,belonging or in any way appertaining,so that neither Grantor
nor any person or persons claiming under Grantor shall at any time by any means or ways,have,claim or
demand any right or title to the Property or its appurtenances,or any rights thereof.
Street,Charlotte,North Carolina 28213 ("Grantor")to TRAILHEAD 4100 OWNER,LLC,a Delaware limited
liability company,having an address of 1831 Peachtree Road,Suite A,Atlanta,Georgia 30309 ("Grantee"),
the designation Grantor and Grantee as used herein shall include said parties,its/their heirs,successors,
and assigns,and shall include singular,plural,masculine,feminine or neuter as required by context.
ALL OR A PORTION OF THE PROPERTY HEREIN CONVEYED DOES NOT INCLUDE THE PRIMARY
RESIDENCE OF GRANTOR.
WITNESSETH that Grantor by these presents does hereby remise,convey and forever QUITCLAIM
unto Grantee all of Grantor's right,title and interest in and to that certain tract or parcel of land lying and
being situated in Mecklenburg County,Charlotte,North Carolina,and being more particularly described
on Exhibit “A"attached hereto and incorporated herein by reference (the "Property").
This Property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of
Brownfields Property recorded in the Mecklenburg County land records,Book 36300,Page 127.The
Property has been classified as a brownfields property under the Brownfields Property Reuse Act.
The Property was acquired by Grantor by instrument recorded in Book 31545,Page 339 in the
Mecklenburg County Public Registry.
B36333 -P 3
GRANTOR:
By;
.)
)
.)
SUGAR CREEK STATION,LLC,
a North Carolina limited liability company

Anthony Kuhn,Manager
IN WITNESS WHEREOF,Grantor has caused this instrument to be executed as of the
day and year first above written.
STATE OF h/gytf)
county of fflMttenbaf'g
Date:
[Notarial Seal/Stamp]
/>MCC^X
//
**«»«»*•»*»**'*
I l*e.Notary Public,do hereby certify that the following individual
personally appeared before ^ie this day and acknowledged the due execution of the foregoing
instrument:Anthony Kuhn in his authorized capacity.
Notary Public \J
Print Name /\
My commission expires:
B36333 -P 4
EXHIBIT ”A”
That certain parcel or tract of land situated,lying and being in the City of Charlotte,
Mecklenburg County,North Carolina and being more particularly described as follows:
COMMENCING at an existing NGS monument,“McDowell”having NC Grid NAD 83(201 1)
coordinates of N:541,237.39’;E:1,452,816.02’thence N 48O46'34"E a ground distance of
15,689.64 feet to a 5/8”existing iron rod,the point of BEGINNING;said iron being situated on
the southerly margin of the right-of-way of Raleigh Street (100’public r/w);thence with said
margin,thence N 81°08'07"E a distance of 472.84 feet to an existing nail;said nail being
situated on the westerly margin of the right-of-way of East Sugar Creek Road (variable width
public r/w);thence with said margin,with a curve to the right,said curve having an arc length of
313.88 feet,a radius of 4,733.71 feet,(chord:S 25o09'32'*E 313.83 feet),to a 5/8”existing iron
rod;said iron being situated on the northerly margin of the NC Railroad Company Railway right-
of-way (200’r/w);thence with said margin,S 81°14'41"W a distance of 588.64 feet to a 54”
existing iron rod;thence,two (2)courses and distances as follows:1)N 08°57'54M W a distance
of 276.66 feet to a '/a”existing iron rod;2)N 41°26'32"E a distance of36.69 feet back to the
point and place of BEGINNING.Containing an area of 164,010 square feet or 3.7652 acres
according to a survey prepared by R.B.Pharr &Associates,P.A.dated April 16,2021 (Job No.
92814).
B36332 -P 982
Excise Tax:$1 8,880.00 Tax Parcel ID #:091-07-204
Brief description for the Index:4 1 00 Raleigh Street,Charlotte,Mecklenburg Count}',North Carolina
GRANTOR GRANTEE
See Exhibit “A”attached hereto and made a part hereof.
This Property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of
Brownfields Property recorded in the Mecklenburg County land records,Book 36300.Page 127.The
Property has been classified as a brownfields property under the Brownfields Property Reuse Act.
WITNESSETH,that Grantor,for a valuable consideration paid by Grantee,receipt of which is
hereby acknowledged,has and by these presents does hereby grant,bargain,sell and convey unto Grantee
in fee simple,that certain lot or parcel of land,together with the improvements thereon,situated in
Mecklenburg County,Charlotte,North Carolina,and more particularly described as follows (collectively,
the "Property”):
SUGAR CREEK STATION,LLC,
a North Carolina limited liability company
TRAILHEAD 4100 OWNER,LLC,
a Delaware limited liability company
This instrument was prepared by and after recording return to:Moore &Van Allen PLLC;100
N.Tryon Street.Suite 4700,Charlotte.North Carolina 28202;Attn:Logan E.Reilly
Address:
4100 Raleigh Street
Charlotte,NC 28213
Address:
1 83 1 Peachtree Road,Suite A
Atlanta,GA 30309
THIS NORTH CAROLINA SPECIAL WARRANTY DEED
is made as of this/Z^day of 2021,by and between
CHAR2\2446891v3
submitted electronically by "Stewart Title Guaranty company -commercial services charlotte"
In compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Mecklenburg county Register of Deeds.
The designation Grantor and Grantee as used herein shall include said parties,their heirs,
successors,and assigns,and shall include singular,plural,masculine,feminine or neuter as required by
context.
For Registration
Fredrick Smith
Register of Deeds
Mecklenburg County,NC
Electronically Recorded
2021 Jul 23 03:24 PM RE Excise Tax:$1 8880.00
Book:36332 Page:982 ’986 Fee:$26.00
Instrument Number:2021142836
B36332 -P 983
[signaturepagefollows]
CHAR2\2446891v3
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And Grantor covenants with Grantee,that Grantor has done nothing to impair such title as Grantor
received,and Grantor will warrant and defend the title against the lawful claims of all persons claiming by,
under or through Grantor,other than the exceptions listed on Exhibit “B”attached hereto and made a part
hereof.
ALL OR A PORTION OF THE PROPERTY HEREIN CONVEYED DOESNOT INCLUDE THE
PRIMARY RESIDENCE OF GRANTOR.
The Property was acquired by Grantor by instruments recorded in Book 31545,Page 339 in the
Mecklenburg County Public Registry.
B36332 -P 984
GRANTOR:
By:
Print Name
My commission expires:.
Anthony Kuhn,Manager
Notary Public <_/
4ee„AA?Car-iAy
/T
IN WITNESS WHEREOF,Grantor has caused this instrument to be executed as of the
day and year first above written.
SUGAR CREEK STATION,LLC,
a North Carolina limited liability company
.)
)
.)
I Notary Public,do hereby certify that the following individual
personally appeared before rfie this day and acknowledged the due execution of the foregoing
instrument:Anthony Kuhn in his authorized capacity.
A,.
STATE OF A/jvft)
COUNTY OF fiUCi-knbllf''#
Date:—
[Notarial Seal/Stamp]
°^aafgC0*«w/ssraJaro
B36332 -P 985
Exhibit “A”
Legal Description
CHAR2\2446891v3
BEING all that certain tract or parcel of land located within the City of Charlotte,Mecklenburg
County,North Carolina,and fronting on East Sugar Creek Road,on Raleigh Street and on the
North Carolina Railroad Company operated by Norfolk-Southern Railway and by the City of
Charlotte “Blue Line”Light Rail Transit Line,and being more particularly described as follows:
BEGINNING at an existing iron rebar (“Beginning Point”)located at the intersection of the of
westerly right-of-way margin ofEast Sugar Creek Road,said right-of-way being ofvariable width
as shown on North Carolina Department of Transportation plans for Project No.U-5008 as also
described in a consent judgment recorded in Deed Book 31389 Page 117 of the Mecklenburg
County Registry,and the northerly or northwesterly right-of-way margin of the North Carolina
Railroad Company operated by Norfolk-Southern Railway and by the City of Charlotte “Blue
Line”Light Rail Transit Line,said right-of-way being 200 feet in width as shown on the North
Carolina Railroad Company “right ofway and track map”dated December 31,1 927,said existing
iron rebar Beginning Point being also located South 77-44-28 West 5.49 feet from an existing
concrete right-of-way monument located at the intersection ofthe old westerly right-of-way ofthe
said East Sugar Creek Road and the northerly or northwesterly right-of-way margin of the said
North Carolina Railroad Company,and running thence from said POINT AND PLACE OF
BEGINNING along the northerly or northwesterly right-of-way margin ofthe said North Carolina
Railroad Company South 81-12-33 West 588.57 feet to an existing iron rebar;thence along the
common boundary line with the City of Charlotte as described in Deed Book 30722 Page 397 of
the Mecklenburg County Registry North 09-00-54 West 276.65 feet to a new iron rebar;thence
North 40-52-51 East 36.73 feet to a new iron rebar;thence along the southerly or southeasterly
right-of-way margin of Raleigh Street,said right-of-way having a width of 60 feet as per the
aforesaid North Carolina Department of Transportation plans North 81-07-44 East 473.02 feet to
a new surveyor’s pk nail;thence along the westerly right-of-way margin of the aforesaid East
Sugar Creek Road following along the arc of a circular curve to the right having a radius of
4,733.71 feet and an arc length of 313.93 feet (chord bearing South 25-11-37 East 313.86 feet)to
the point and place of BEGINNING,containing 3.7667 acres,more or less,as shown on a map of
survey prepared by Andrew G.Zoutewelle,North Carolina Professional Land Surveyor No.L-
3098,dated July 15,2016,and signed and sealed on February 2,2017.
B36332 -P 986
Permitted Exceptions
1 .Taxes for the year 202 1 ,and subsequent years,not yet due and payable.
2.
3.
4.
5.
6.
7.
8.
Rights of tenants in possession,as tenants only,under unrecorded leases.9.
CHAR2\2446891vl
4846-0032-4338 v2
Permanent utility easement and aerial utility easement set forth in Consent Judgment in favor of
the Department of Transportation recorded in Book 31389,page 117,Mecklenburg County
Public Registry.
Right of way easement rights in favor of the NC Railroad Company in and to that portion of the
Property located within one hundred feet (100’)of the centerline of the City of Charlotte Light
Rail Line (Blue Line Extension)adjacent to the southern boundary of the Property.
General Utility Easement to Southern Bell Telephone and Telegraph Co.,Incorporated recorded
in Book 764,page 630,Mecklenburg County Public Registry.
Easements in favor ofDuke Power Company set forth in instrument recorded in Book 1666,page
197,and Book 1665,page 484,Mecklenburg County Public Registry.
General Utility Easement to American Telephone &Telegraph Company recorded in Book 598,
page 547,Mecklenburg County Public Registry.
General Utility Easement to Southern Public Utilities Company recorded in Book 696,page 333,
Mecklenburg County Public Registry.
Any right,easement,setback,interest,claim,encroachment,encumbrance,violation,variation or
other adverse circumstance affecting the Title disclosed by survey entitled “ALTA/NSPS Land
Title Survey Prepared for Third &Urban,530 E Sugar Creek Rd &4100-4212 Raleigh St”
prepared by Andrew B.Baker,NCPLS L-4542 of R.B.Pharr &Associates,P.A.dated April 16,
2021,Job No.92814.
Exhibit “B”