NCD980602163_19820515_Warren County PCB Landfill_SERB C_Book 366 - Page 1986 (Settlement Deed)-OCR

Book 366 -Page 180
STJ\TE OF' NOHTH Cl\ROLJ Nl\
C:Cll/N'l'Y OF Wl\HHEN
'!'HIS DFF.D made this the 26t_h day of May , 1982, by
l !1 <· SL ;c1tc of north ,Carolina, Party "of the First Part and
w.-u· n :n County , Party of the Second Part.
W I T N E S S E T H
That the, State of North Carolina in settlement of a
l~wsuit entitled Warren County v. State of North Carolina, et
al, in the U.S. District Court of the Eastern District of
North Carolina as 79-560-CIV-5 and in the Fourth Circuit U.S .
Court of Appeals as 82-1019, hereby conveys to Wa1·ren County,
its successors and assigns, a certain tract of land , located in
Shocco Townsl1ip, Warren County, North Carolina and certain
casements anct restrictive covenants running with the land as
follows:
TRACT I -Carter Pope Tract
The State conveys all its right, title and interest in
a certain tract of land in Shocco Township, Warren County,
North Carolina , subject to the exceptions and retained rights
hereinafter described, said tract being more particularly des-
crilicd as follows:
That certain tract of land described in a deed from
Carter C. Pope and wife, Linda W. Pope to the State of North
Carolina and recorded in Book 328, Page 83 of the Warren Co tmty
Registry and shown on a map dated April 1, 1982, and recorded
in Map Book 18 , Page 4 of the Warren County Registry and
being more specifically described as fol lows:
BEGINNING at an iron in the line of P.P. Pope,
Jr., at the northwest corner of property now or
formerly owned by J. B. Davis; thence along the
line of P. P. Pope, Jr., north 5° 05 minutes east
1985.45 feet to an iron, north 39 ° 30 minutes
east 195 feet, north 24° 00 minutes east 235 feet,
north 13° 15 minutes east 163 feet, north 47.0 30
minutes east 244 feet, north 35° 30 minutes east
253 feet , and north 10° 30 minutes west 270 feet to
an iron; thence down Rich Neck Creek the following
courses and distances: north 34° 42 minutes east 160
feet, north 61°·05 minutes east 130 feet, south
87° 40 minutes east 139 feet, south 55° 21 minutes
east 113 feet, south 7° 16 minutes east 191 feet,
Book 366 -Page 181
-2-
south 30° 16 minutes east 184 f e et, south 13° 40
minutes cc1st 88 feet, south 38 ° 22 minutes east
GS feet, south 29° 07 n1 inutes east 103 feet, north
74° 22 minutes east 112 feet, south 81° 40 minutes
Cdst 190 feet, south 89° 21 minutes east 195 feet,
s u uth 42° 31 minutes e~st 440 fee t, south 50° 30
minutes cc1st 304 feet, south 41 ° 25 minutes east
21G feet, south 38° 06 minutes east 255 fee t,
s o uth 65° 50 minutes east 220 fee t, south 46°
2 3 minutes east 175 fee t, south 78° 24 minutes
c~st 108 feet, south 45° 37 minutes east 155 feet
south 83° 57 minutes east 129 f e e t, north 4° 11
mJnutes west 127 feet, north 21° 32 minutes east
9C feet, s o uth 74° 3 0 minutes cast 99 feet, south ·1 °
0 3 minutes east 120 feet, and s o uth 14° 48 minutes
eilst 167 feet to an iron, northeast corner of N.B.
White pro perty; thence 21lonq the 1i11es of N.13. White,
south 75° 19 minutes west 2004.Gl feet to an iron
and south 3° 08 minutes e ast 1121. 7"3 feet to an iro n
in the line of said .J.B. Davis property, thence
al o ng the line of J.B. Da vis, no rth 81° 45 minutes
west 1681.78 feet to the place o f BEGINNING, con-
taining 142.323 acres.
EXCEPTIONS TO J\ND HESTRI CTIONS ON TRl',CT I
1. Landf ill Parcel
The Party of the First Part Retains all right, title a nd
intere st in a 19.317 ac r e parcel here inafter ~esignated a s
"Landfill Parcel" located entirely within the previously d e s-
cri~ed Tract I and designated as Land f ill Parcel on a map
dated l\pril 1, 1982, and recorded in Ma p Book 18 , Page 4
of the Warren County Registry; and more particularly described
a s follows:
BEGINNING at an iron, located south 27° 01
minutes 55 seconds west 286.74 feet from the north-
west corner of the N.B. White property, runs thence
south 87° 02 minutes 02 seconds west 782.00 feet to
an iron; runs thence north 02° 57 minutes 58 seconds
west 1076.00 feet to an iron; runs thence north 87°
02 minutes 02 seconds east 782.00 feet to an iron;
runs thence south 02° 57 minutes 58 second s east J.076.00
feet to an iron, the point and place of BEGINNING,
containing 19.317 acres.
2. Easement Across Tract I to Landfill Parcel
The Party of the First Part Retains as a privilege ap-
purtenant to the Landfill Parcel a non-exclusive perpetual
easeme nt across Tract I said easement being 66.57 feet in width
as shown on a map dated April 1, 1982 and recorded in Map
Book 18 , Page 4 of the Warren County Registry, and be tng
sµecifically described as follows:
Book 366 -Page L82
-3-
BEGINNING at an existing iron, said iron beinq
the point of BEGINNING of Tract I; runs the nce along
c1nd with the western property line of Tract I, north
OS 0 04 minutes 17 seconds east 94.43 feet to an iro n;
n1ns thence north 4 9 ° 5 3 minutes 4 3 seconds east
886.17 feet to an i r on, a point in the western line of
the I.an elf i 11 Pa rce 1; runs thence with said western
I ine south 02°,57 minutes 58 seconds east 83.50 fe~t
Lo an iron, the southwest corner of the Landfill Parcel ;
nins thence south 49° 53 minutes 43 seconds west
902 .73 feet to the point and place of BfGINNING,
containing 1.367 acres.
3 . ~omporary Construct ion and Materials Easement
The Party of the First Part Retains a temporary easement
ccmt:,1i.ninq 7 .181 acres adjoining the south end of the Landfill
l ',1rce l for thr, purpose of (i) excavating, removinq and stock-
1,i linq earth or other material for the construction of the
landfil l; (ii) storage and operation of equipment to be used
in the const ruction, operat ion and closing of the landfill~
and (iii} c.1.isposal of excess earth which is not used in ttw con-
stJ uction of: the landfill in such a manner that the mater ial
will be graded to fit existing contours and will be seeded ;
s~id temporary easement will expire upon the completion of the
lanr1C ill which is to be constructed on the Landfill Parcel.
Th<.: temporary easement is shown on a map dated April 1, 1982,
and recorded in Map Book 18 , Page 4 of the War ren County
Hc)qi.stry and is specifically described as follows:
IJFGINNING at an iro n, said iron being the
southeast corner of the Landfill Parcel; runs
thence south 02° 57 minutes 58 seconds east
400.00 feet to an iron; runs thence south 87°
0 2 minutes 02 seconds we st 782.00 feet to an
iron; runs thence north ~2° 57 minutes 58
seconds west 400.00 feet to an iron, the south-
west corner of the Landfill Parcel; runs thence
along and with the south line of the Landfill
Parcel north 87° 02 minutes 02 seconds east 782.00
fe et to the point and place of BEGINNING, con-
taining 7.181 acres.
4. Stream Monitoring Easement
The Party of the First Part Retains the right of unlimited
and unrestricted access from the Landfill Parcel to all streams,
running through or bordering on Tract I for the purpose of
sampling and monitoring the waters thereof; said access to be
· by reaioriable means and ~cross reasonable routes.
&wxn:zr ·• • +ate
··-~...i.-
t d!rt b
Book 366 -Page 183
-4-
s. Restrictive Covenant on Tract T
Tract J is conveyed subicct to the following restrictive
cov cncrnt. Tract I may be used by the Party of the Second Part,
"
its successors and 'assigns, only for such uses as are consis-
lunt with its function as a buffer zone between the Landfill
Pa rcel and the property adjacent to Tract I. All residential
u~;c•s are prohibited. Commercial, industrial, institutional,
11_•crcational, agricultural , or any other uses involving, tem-
por-c1ry, periodic, regular or occasion al human use or occupancy
are prohibited unless approved by the Governor and Council of
State as being c onsistent with the use of the property as a
bu f rc1· zone .
TRACT II -Paul Pope r.asement
"I.tie Party of the r irst __ P~!·ty Conveys a non-exclusive
JJ(~ 1-pctual right-of-way and easement of egress, ingress a nd
r e gress from secondary road No . 1604 to the southwest corn e r
of Tract I; said easement consisting of the 40 foot easeme nt
<,1rantecJ by Paul P. Pope and wife, Helen D. Pope to the State
of North Carolina and recorded in Book 328, Page 86 of the
Warren County Registry and the 20 foot casement granted by
Carter C . Pope and wife, Linda W. Pope to the State of No rth
Carolina and recorded in Book 328, Page 83 of the Warren County
Reqistry. The Party of the First Part retains the right of
unrestricted and unlimited use of said easement concurrent
with such rights in the Party of the Second Part. The ease ment
is shown on a map dated April 1, 1982 and recorded in Map
Book 18 , Page 4 of the Warren County Registry and is more
particularly described as follows :
BEGINNING at a point in the center of Secondary
Road 1604, said point being located north 20° 40
minutes east 100 feet, north 17° 16 minutes east
418.4 feet of a point in the center of said SR 1604,
which point is located where the southern property
line of the Paul P. Pope, Jr., tract of land, inter-
sects the center line of said SR 1604; runs thence
from the point of Beginning south 70° 38 minutes
east,989.62 f~et to a point; runs thence north 44°
32 minutes east 681.80 feet to an iron in the
Book 366 -Page 184
-5-
·,,c:stcrn property line of the aforesaid described
142.323 acre tract of land; runs thence along and
with said line south 05° 04 minutes 1 7 seconds wes t
94.43 feet to an iron, the southwest corner of said
tract of land; runs thence south 44° 32 minutes west
G47 feet to a point; runs thence north 70° 38 minutes
west 1025.52 feet to a point in the cente r of said
SR 1604; runs thence along and with the center of
said SR 1604 north 17° 16 minutes west 60.04 feet
to the point and place of BEGINNING, containing
2 .303 acres.
RESTRICTIVE COVENANTS ON LANDFILL PARCEL
' ~'h._c Party of the First P~J:_~~nve__y_~ to the Party of t he
Second Part re strictive covenants on the property described
heretofore as "Landfill Parcel." Such covenants and restric-
til>ns shall run with the Landf ill Parcel and are expressly
o sscnt~rt to by the Party of the First Part.
and restrictions are as follows:
Sa id covenzrnts
1. Exceµt for the PCD contaminated materi a ls resulting
from a discharge of PCB's a long approximately 211
miles of State highway rig ht-of-way and at Fort
Bragg Military Reserva tion on or about 24 June,
1978, and for about 7 weeks thereafter, no other
hazardous waste as the same is defined in G.S .
130-166.16(4) and no radioactive waste or materials
as the same are de f ined in G.S. 104E-5(9a) and
G.S. 104E-5(14) shall be placed upon, d isposed
of or stored on said real property.
2. Except for such necessary, proper and approved
activities relating to the safe disposal and
storage of the above described PCB materials
which have been approved by the United States
Environmental Protection Agency and described
in the Environmental Impact Statement dated
November 13, 1980, no other hazardous o r radio-
active waste management activities shall be
engaged in ·on said real property; p~ovlded that
nothing herein ~hall preclude the State from
.. . . ''··
\, Book 366 -Page 185
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under taking whateve r lawf11l actio n it: deems
necessary to remedy any problems with the
lancJfill wh i ch could con~titute a threat
to publid health and sa fe t y .
It is further understood and aqrecd that e nforcement of
th~se covenants and restrictions s hall be by any proper pro-
c 00ding at law or in equity a gainst any pe rson, firm or
corporation, inc luding the State of North Carolina , vio,lating
ur zi t.tempting to violate any covenant or restriction con taine d
h e-r e in, either to res train such v ioL:1. t ion or to recover dc1rnage s.
T O Hl\VI--: /\ND TO HOLD ( i) the proper ty descr i..b cd a s 'l'ract I
~,u bj cct to the exceptions and r e strict ions enumerated; (ii) the
r:,-1::;emE~nt d e sc r ibed as Tract II; and (i ii) the Restrictive Cov-
1_~n,1nts hereinabove described ; together with all privileges
and □pµurtenances there unto belonging to the said Party o f the
Second Part, its successors and assig ns.
I N TESTIMONY WHEREOF the State of North Ca r olina has
cause~ -~~;-~~~-ik~~ument t o be e xecuted as of the cJay and year
-" ,. . ,/'1· . ---..,_; " ,.,. .-r i rst '~lSove ment,iort9r'l. (..) -. . ' " :r J'. ·, I , ,,
, I .... ·· I I ' '.
State
.•
ii I I I I
Book 366 -Page 186
rl ,,
:j STATE OF NORTH CAROLINA
i :; COUNTY OF WAKE
"
,,
I, DEBORAH ANN CANDLER, a Notary Public in and for the County and
State aforesaid, do hereby certify that JAMES B. HUNT, JR., Governor of the
State of North ·Carolina, and THAD Ell:{E, Secretary of State of North Carolina,
personally came before me this day and being by me duly sworn says each for
himself that he knows the Gr eat Seal of the State of North c'arolina and that
the s eal affixed to the foregoing instr1®ent is the Great Seal of the State;
that JAMES B. HUNT, JR., Governor of said State, and TIIAD EURE, Secretary of
State, subscribed their nam es thereto , all by virtue of a resolution of the
Co uncU of State; and that said instrument is the act and deed of the State
of North Carolina.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal,
), C 'th ,·;· · ··r -) l'i ~. _ '] this the ,~.::) -day of ----~----l/\.,,_
0
a-+-_-.----' 198~.
~_c_ to\o..l., OJ.v.,_, C ttA-c..U_,._✓ ~---
Notary Public
My Commission Expires:
North Carolina -Warren County
The foregoing certificate of Deborah Ann Candler, a Nata>
Public of Wake County, N. C., is certi.fied to be correct. Re-
corded on May 26, 1982 at 10:05 o'clock A. M. in Hook Q__~~,
Page I ffO . •