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WQ0029475_Application_20191202
DWR Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL FORM: NDSR 09-19 This form is for renewal without modification for all non -discharge system permits, except Residuals Management and Single Family Residence Wastewater Irrigation System permits. For more information, visit the Water Quality Permitting Section's Non -Discharge Branch Website. I. PERMITTEE INFORMATION: 1. Permittee: Aqua North Carolina, Inc 2. Signature authority's name: Amanda Berger per 15A NCAC 02T .0106(b) Title: Director, Environmental Compliance Primary Telephone number: (919) 653 -6965 Select Secondary number: (910) 773-0406 Select Email Address: aaowensAaquaamerica.com 3. Permittee's mailing address: 202 MacKenan Court City: Cary State: NC Zip: 27511 - 4. Billing address (if different from above): City: State: Zip: 5. Contact person's name (if different from signature authority): Title: Primary Telephone number: (_) _- Select Secondary number: ( ) Email Address: II. PERMIT INFORMATION: 1. Existing permit number: WQ00 29475 2. Has the facility been constructed? ® Yes or ❑ No RECEIVEMCDEC/DWR DEC - 2 2019 Non -Discharge SelecFermitung Unit If yes, has the facility been constructed in accordance with the permit and the Division -approved plans and specifications? [15A NCAC 02T .0110] ® Yes or ❑ No If no, a formal permit modification request shall be submitted to the Division. 3. Has any of the property ownership within the facility and/or disposal area changed from what is indicated in the current permit (Attachment B — disposal field owner/lessee)? ❑ Yes or ® No Has the Permittee had a name change or has the permit changed ownership? ❑ Yes or ® No If yes to either, a permit modification request shall be submitted to the Division. [ 15A NCAC 02T .0105] 4. Is this facility a Privately -Owned Public Utility? ® Yes or ❑ No If yes, provide two copies of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise. r15A NCAC 02T .0115(a)(1)] 5. Is the Permittee a Home/Property Owners' Associations or Developers of lots to be sold? ❑ Yes or ® No If yes, provide the following: • For Home/Property Owners' Associations — Operational Agreement (FORM: HOA) and a copy of the proposed or approved Articles of Incorporation, Declarations, and By-laws r15A NCAC 02T .0115(c)] • For Developers of lots to be sold — Operational Agreement (FORM: DEV) [15A NCAC 02T .0115(b)] FORM: NDSR 09-19 Page 1 of 5 State of North Carolina Q� Division of Water Resources Department of Environmental Quality Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL FORM: NDSR 09-19 6. Does the facility treat and dispose of industrial wastewater? If yes, complete items below. If no, skip to the next section. Provide a detailed industrial process description including: • An overview of the manufacturing process • An inventory of all materials used for manufacture, including chemicals and biological matter • An overview of cleaning and treatment methodology, including an inventory of treatment materials and compounds Indicate the approximate percentage of wastewater makeup: Industrial: % Domestic: % Stormwater: % Has the nature of wastes (e.g., change in industrial processes, introduction of new materials or chemicals, etc.) described in the approved permit application(s) changed? ❑ Yes or ❑ No If yes, a permit modification request shall be submitted to the Division. [G.S. 141-215.1(d III. SITE MAP: 1. Provide an updated site map in accordance with 15A NCAC 02T .0105(d) that shows the following: The site map is not required to be signed or sealed by a Professional Engineer. However, the map must indicate the source of information. For example, parcel lines taken from a county GIS map should reference the GIS website. ® Legend, north arrow, scale, and legible in black and white ® Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief ® Soil mapping units on all disposal sites ® All facility -related structures and fences within the treatment, storage, and disposal areas ® All habitable residences and places of assembly within 500 feet of all treatment, storage, and irrigations sites ® Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, ditches, and other surface drainage features within 500 feet of all waste treatment, storage, and disposal site(s) ® Latitude and longitude coordinates of all monitoring wells (decimal degrees to 6 digits) ® Location and identification of major components of the waste disposal system ® The wetted perimeter of all irrigation fields with field names (named according to the approved permit) ® Location and ownership of property boundaries within 500 feet of the disposal area (including road/rail right-of-ways) ® The delineation of compliance and review boundaries ® Distance measurements verifying all setbacks are being met ® Stormwater drainage controls ❑ 100-year floodplain (if applicable) ❑ For reclaimed water generation permits only, provide a separate map showing all distribution lines and utilization permit locations that are connected to the water generation facility and are permitted by the Non -Discharge Branch (excludes Local Program permitted facilities). Include all reclaimed water distribution line and reclaimed water utilization permit numbers. FORM: NDSR 09-19 Page 2 of 5 Division of Water Resources IV. GROUNDWATER MONITORING WELLS State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL FORM: NDSR 09-19 1. Does the facility have a proposed or existing groundwater monitoring well network? ❑ Yes or ❑ No If no, skip to next section. If yes, complete the following table (NOTE — This table may be expanded for additional wells): Well Name Status Latitude a Longitude a Gradient Location MW-1 Active 34.7689990 77.3134776 ° V. Gradient Inside Field MW-2 Active 34.77049180 -77.3104655" Down Gradient Inside Field MW-3 Active 34.7740840 -77.3128890 Cross Gradient Inside Field Select 0- a Select Select Select 0 - 0Select Select Select 0 - 0 Select Select Select 0- 0Select Select Select 0 - 0 Select Select Select 0- 0 Select Select Select 0- Select Select a. Coordinates must be in NAD83 and have 6 decimal degrees V. SETBACK WAIVERS, EASEMENTS, AND LEASES: 1. Does the permit have any setback waivers, easements, or leases? ® Yes or ❑ No If yes, provide copies of all documents and complete the table below: Document Grantor or Grantee Expiration County Deed Deed Document Type Parcel No. Ogden Date Registered Book Page Description a Easement Kathleen Highway N/A Onslow 3301 951-957 Marshal (Aqua predecessor) Deed Ogden Aqua North N/A Onslow 2999 633-635 Highway Carolina Easement Ogden LLC Aqua North N/A Onslow 2999 682-699 Effluent Carolina Ogden Easement Highway Aqua North Carolina N/A Onslow 3278 56-73 Effluent LLC Ogden Easement Highway Aqua North N/A Onslow 2999 643-672 LLC Carolina Greenspace Select Select a. The document description shall list any reduced setbacks with distance, etc. 2. For reclaimed water utilization permits only: FORM: NDSR 09-19 Page 3 of 5 DWR Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL FORM: NDSR 09-19 Is reclaimed water utilized on property not controlled by the generator? ❑ Yes or ® No A lease, easement, or agreement must be provided allowing for the utilization of reclaimed water on the property or within the facility. For irrigation of reclaimed water, an easement is required per 15A NCAC 02U .0501(6). All documents shall be listed in the table above. VI. RELATED PERMITS 1. If this permit has interactions with other wastewater permits (collection systems, NPDES, etc.), complete the table below (provide additional pages if necessary): Permit Type Permit No. Descri tion 2. Does the facility have an approved flow reduction [15A NCAC 02T .0114(f)]? ® Yes or ❑ No If yes, attach the measured monthly average amount of wastewater flow contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved value, the Permittee shall provide a reevaluation of the reduced flow value using the methodology applied to the original flow reduction application. Also, attach a copy of the flow reduction approval letter. APPLICANT'S CERTIFICATION 15A NCAC 02T .0106(b) I, Amanda Berger, attest that this renewal application has been reviewed by me, and is accurate and complete to the best of my knowledge. I understand that any unauthorized discharge of wastewater from this non -discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application are not completed, this application may be returned to me as incomplete. I further certify that the Applicant or any parent, subsidiary, or other affiliate of the Applicant has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and does not have any overdue annual fees. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed S10,000 as well as civil penalties up to $25,000 per violation. The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided 1from � arperson &d, who inee�ecriteriainl5ANCACO2T.0106(b) {j q Signature: A V l._UV 1, Date: I12-folZb Y i THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE BRANCH Bv U.S. Postal Service: By Courier: By Email: Non -Discharge Branch Non -Discharge Branch — Archdale 942W Non-Discharg_e.ReportsCmncdenr.eov 1617 Mail Service Center 512 N. Salisbury St. FORM: NDSR 09-19 Page 4 of 5 State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL Division of Water Resources FORM: NDSR 09-19 Raleigh, NC 27699-1617 Raleigh, NC 27604 TELEPHONE NUMBER: (919) 707-3654 FORM: NDSR 09-19 Page 5 of 5 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-218, SUB 263 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application by Aqua North Carolina, Inc., Post Office Drawer 4889, Cary, North Carolina 27519, for a Certificate of Public Convenience and Necessity to Provide Sewer Utility Service in Sterling Farms Subdivision in Onslow County, North Carolina, and for Approval of Rates ORDER GRANTING FRANCHISE AND APPROVING RATES BY THE COMMISSION: On November 7, Aqua North Carolina, Inc. (Aqua or Applicant), filed an application with the Commission seeking to acquire a sewer utility franchise for Sterling Farms Subdivision in Onslow County, North Carolina, and for approval of rates. Supplemental filings were made on November 29, 2007, and December 3, 2007. The Applicant's proposed rates are the same as currently approved in its other franchised service areas. The Applicant states that there are presently no customers being served and that no other person or utility seeks to provide the service proposed. The Applicant expects eventually to serve 481 residential customers and one school in Sterling Farms Subdivision. On the basis of the verified application and the records of the Commission, the Commission makes the following: FINDINGS OF FACT 1. Aqua presently serves approximately 11,000 water and 800 sewer customers in North Carolina. Aqua's record of service is satisfactory. 2. The service area covered is the area shown on the plans attached as Exhibit 10 to the application form filed in this docket. There are presently no customers being served in Sterling Farms Subdivision. Aqua expects to eventually serve 481 residential customers and one school in this subdivision. 3. The Public Staff has recommended that Aqua be required to post a $50,000 bond for Sterling Farms Subdivision. Aqua currently has $2,250,000 of bonds posted with the Commission. Of this amount, $1,970,000 of bond surety is assigned to specific subdivisions and $280,000 of bond surety is unassigned. 4. Aqua has the technical, managerial, and financial capacity to provide sewer utility service in this new franchise area. 5. Aqua has filed all exhibits required with the application. 6. The NC Division of Water Quality has issued a plan approval letter in Sterling Farms Subdivision under Permit No. W00029475, dated December 13, 2007. The sewer system is approved for 500 lots, plus a 500-student elementary school. 7. Aqua is acquiring the sewer utility system under an agreement between Aqua and the developer, Ogden Highway, LLC, dated October 15, 2007. Aqua is paying $500 for each residential family connection or single family residential equivalent, payable quarterly based upon the number of taps installed during the previous quarter. The Public Staff recommends that the advances for construction be deducted from rate base in future proceedings so that Aqua does not earn a return on plant for which it has not yet paid. There will be no connection fee. 8. On November 29, 2007 Aqua filed with the Commission an Effluent Easement and Irrigation Agreement and a Green Space Easement Agreement relating to the activities to meetAqua's obligations under DWQ Permit WQ0029475. The Public Staff recommends that Aqua be required to file with the Commission, within 30 days after closing of the acquisition of the wastewater system, copies of the complete recorded Effluent Easement and Irrigation Agreement and Green Space Easement Agreement. The Public Staff recommended this filing should be for informational purposes only and not for approval of the terms of the agreements. Based upon the foregoing, the Commission is of the opinion that $50,000 of Aqua's unassigned bond surety should be assigned to Sterling Farms Subdivision; that the sewer utility franchise requested by Aqua for Sterling Farms Subdivision should be granted; and that the requested rates should be approved. The Commission further concludes that the advances for construction should be deducted from rate base in future proceedings so that Aqua will not earn a return on plant for which it has not yet paid. The Commission further concludes that Aqua should be required to file with the Commission, within 30 days after closing of the acquisition of the wastewater system, copies of the complete recorded Effluent Easement and Irrigation Agreement and Green Space Easement Agreement. This filing shall be for informational purposes only and not for approval of the terms of the agreements. IT IS, THEREFORE, ORDERED as follows: 1. That $50,000 of the $280,000 unassigned bond surety be assigned to Sterling Farms Subdivision. The remaining unassigned bond surety shall be $230,000. ra 2. That Aqua is granted a certificate of public convenience and necessity to provide sewer utility service in Sterling Farms Subdivision in Onslow County, North Carolina. The service area covered in the franchise is the area shown on the plans attached as Exhibit 10 to the application form filed in this docket. 3. That Appendix A shall constitute the Certificate of Public Convenience and Necessity. 4. That the Schedule of Rates (see Docket No. W-218, Sub 240) is approved for Aqua in Sterling Farms Subdivision. 5. That, within 30 days after closing of the acquisition of the wastewater system, Aqua shall file with the Commission copies of the complete recorded Effluent Easement and Irrigation Agreement and Green Space Easement Agreement. This filing shall be for informational purposes only and not for approval of the terms of the agreements. 6. That these easements are considered to be essential assets to the operation of this facility and may not be transferred to any party without Commission approval. 7. That the advances for construction will be deducted from rate base in future proceedings. V 21707.01 ISSUED BY ORDER OF THE COMMISSION. This the 20th day of December , 2007. NORTH CAROLINA UTILITIES COMMISSION sail, l.'('floum* Gail L. Mount, Deputy Clerk Commissioner Lorinzo L. Joyner did not participate. 3 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH APPENDIX A DOCKET NO. W-218, SUB 263 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION AQUA NORTH CAROLINA INC. is granted this CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY to provide sewer utility service in STERLING FARMS SUBDIVISION Onslow County, North Carolina subject to any orders, rules, regulations, and conditions now or hereafter lawfully made by the North Carolina Utilities Commission. ISSUED BY ORDER OF THE COMMISSION. This the 20th day of December., 2007. NORTH CAROLINA UTILITIES COMMISSION ea+L l .'C'(lowv\* Gail L. Mount, Deputy Clerk NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 4, 2010 Robert Ashley Construction Coordinator Aqua North Carolina, Inc. 4163 Sinclair Street Denver, NC 28037 Subject: Sterling Farm WWTP Flow Reduction Request Onslow County Dee Freeman Secretary Dear Mr. Ashley: On December 4, 2009, the Pretreatment, Emergency Response and Collection Systems (PERCS) Unit received a flow reduction request for proposed connections to the Sterling Farms Subdivision discharging to the Sterling Farm WWTP. The letter requests an allowable flow rate of 188 GPD per three bedroom residence based on the evaluated data from the WWTP. Additional information was requested and was received by the Division on January 20, 2010 requesting an allowable flow rate of 260 GPD per three bedroom residence based on the requested recalculations. The DMR data from the Sterling Farm WWTP (WQ0029475) from September 2008 through August 2009 was analyzed by PERCS Unit staff. It was stated that there is no excessive inflow and infiltration at this facility. The highest usage month was August 2009. Flows initially included for Morton Elementary School were removed from the calculations as the school is not yet connected to the system. Also, with the original submission there were Division concerns that some of the homes included in the calculations appeared to be vacant, thereby skewing the GPD/bedroom calculation. The number of homes was recalculated to 171 by subtracting 34 homes with bills currently going to a homebuilder. The Division hereby grants a reduction in flow to 86 gpd/bedroom (minimum of 172 gpd for 1 and 2 bedroom residences) for sewer extension permits issued tributary to the Sterling Farm WWTP. Regardless of the adjusted design daily wastewater flow rate, at no time shall the wastewater flows exceed the effluent limits defined in the non -discharge permit for the treatment facility or e_xc_eed the capacity of the sewers downstream of anv new sewer extension or service connections . If you have any questions or comments regarding this matter, please contact myself at (919) 807-6310, email [Sarah.Morrison@ncdenr.gov] or Deborah Gore, Unit Supervisor at (919) 807-6383, email [Deborah. Gore@ncdenr.gov] . Sincerely, _ �OVColeen H. Sullins cc: Dean Hunkele, WiRO (via email) Lamont Allen, WiRO (via email) Scott Smart, P.E., Aqua North Carolina,Inc. (via email) Land Application Unit, Permit File WQ0029475 PERCS Flow Reduction File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919.807-63001 FAX: 919.807-64921 PERCS Unit FAX: 919$07-64891 Customer Service:1-877-623-6748 NOrthCarolina Internet www=waterguality.ora PERCS Unit: hn://h20.enr.slate.nc.us/PERCS 'Vi7�l�t+i7/`f/ An Equal Opportunity 1 Affirmative Action Employer Ll a y Sterling Farms V4Vff P Flow Data Daily agerage Daily max Daily min Month year 1 2019 64,823 87,912 47,759 2 2019 61,629 84,753 42,190 3 2019 62,039 79,835 31,691 4 2019 59,191 85,581 34,505 5 2019 59,105 77,164 42,045 6 2018 52,989 106,734 29,625 7 2018 53,654 I 74,181 31,165 g 2018 37,683 9 2018 0 10 2018 W62,156 36,848 11 2018 41,537 12 2018 9 _ 38,917 Minus H 59,�18 Annual Daily�Averagelow 2,784 Averagedaill 56,234 Average Daily Residential gallons per day _ ONSLOW COUNTY SCHOOL FLOWS: ---- Month - 1 Oct-19 108,700 2 Sep-19 91,300 3 Aug-19 5,700 4 Jul-19 - 7,600 5 Jun-19 105,100 6 May-19 89,400 7 Apr-19 119,900 8 Mar-19 94,900 9 Feb-19 108,400 10 Jan-19 74,100 Dec-18 109,100 F11 — -12 Nov-18 102,000 1,016,200 Annual Total 2,784 365 year daily average Y 34-.'774084,-77:31.28 Manit ring Well #3 41. f " Y;''"_` • Ti terling Farms WVVTP " - � if � �'-• ; , p rL :,• ;t �. '.4'�r•'; `� -:i � -;.1J.�Y�d•t�r5� '.r`,f r �.s��_ �`yE.w .J� �. i • `�}'�1 '. CFI, I]� +,•; `.. J ��ft -,?2� A.; i_ � -�.�•�;. _ � ;..�f•V ��j'., _�' ,� Sterling Fa Ni 7 `_ S t, gib` �" _ _• � _ _ _ _ .�``'_ � _ - _ ... s , 1000 ft Page 1 of 3 �, a 4 MaldE�llK�f Nam` t IgNN I��®Wj�(� 6it�eal��en ,,!j IH@ 111) Recorded; 0/00803/2atTp2817C 9 PM 1 ewhe Fee Amt: $20.00 Page 1 of 3 Excise Tax: $p,p0 Onslou county, NC d31 a 4 MarVland K. Washington Rep. f aK2999 Pr.g33-635 Deed; NORTH CAROLINA GENERAL WARRANTY DEED Excise aax: _ Parcel Identifier No. — — - Verified by f County on the day of - , 20_, By. - --- h+l OBox to: Fuss Law This instruromt was prepared by._ Fuss Law Firm, PC 214. Wilminuton. NC Brief description for the index: STERLING FARMS WASTEWATER THIS DEED made this ; L-j day of ► 20 0-1 by and between GRANTOR Ogden Highway LLC 1630-110 Military Cutoff Road Wilmington,NC 28403 Aqua North Carolina, Inc. 202 MacKenan Court Cary, NC 27511 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, fen thine or neuter as required by context. WITNESSEM that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of -. — Township,._ ..-.-Onsiow County, North Carolina and more particularly described as follows: SEE EXHIBIT "A" attached for Legal Description The property bereinabove descnbed was acquired by Grantor by instr anent recorded in Book page A map showing the above described property is recorded in Plat Book 52 _ page 85 NC Bar Association Form No. L-3 @ 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association —1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 Book: 2999 Page, 1977-Current: 633 Seq: 1 Page 2 of 3 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 the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Restrictive covenants recorded in Book 2782, Page 747, Onslow County Registry. IN WPINESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (SEAL) (SEAL) Title: (SEAL) Title: State of North Carolina -County of Onslow I, the undersigned Notary Public of the County and State aforesaid, certify that O:,den Highw�y LLC personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my band and Notarial stamp or seal this day of _ - - —, 20 . My Commission Expires: __ _ - _ — Notwy Public State of North Carolina - County of New Id &MAIW 1, the undersigned Notary Public of the County and State aforesaid, certify that Mhtn L ckr e. personally came before me this day and acknowledged that —be is the m f- j I Mn n Q Q e r of O A d uo i wr&,�l _ L L C, _ _ _ _ � .. a North Carolina or 1)corpomti ninmited ' ihty companylgeneral partnership/lirrmtedpartnership (strIc through the inapplicable), and that by authority duly given and as the act of such entity, __he signed the nforegoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial suny or sealthi , s ,2LQftjday of 14¢�! . 200I My Commission ter HMM Cox* Mc State of North Carolina - County of 1, the undersigned Notary Public of the County and State aforesaid, certify that Public Witness my hand and Notarial stanrp or seal, this day of _ 20_,,.. My Commission Expires: Notary Public (&M-eu-Bm"W4 The foregoing Certificates) of islare certified to be correct. This instrument and this certificate axe duly registered at the date and time and in the Book and Page shown on the first page hereof. By: Register of Deeds for County Deputy/Assistant - Register of Deeds NC Bar Association Form No. L-3 © 1976, Revised © 1977, 2002 Printed by Agreem ut with the NC Bar Association —1981 Soffto Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 Book: 2999 Page, 1977-Current: 633 Seq: 2 Page 3 of 3 ATTACHMENT TRACT 1 - Wastewater Treatment Plant Lot Commencing at an existing concrete monument, said monument being the northwest corner of the property known as Morton Elementary School which is recorded in Deed Book 2633, Page 705 and also a common corner of Tract 8 as shown on Map Book 52, Page 85, all of Onslow County Registry; thence along the northern line of said school tract N 81-32-32 E 171.65 feet to a new iron stake, the Point of Beginning; thence from said Point of Beginning N 09-04-08 W 153.03 feet to a calculated point which is the northeast corner of a new 30 foot access easement; thence from said calculated point N 09-04-08 W 47.51 feet to a new iron stake; thence N 42-50-12 E 112.49 feet to a new iron stake; thence N 82-04-48 E 71.18 feet to a new iron stake; thence S 32-43-42 E 186.91 feet to a new iron stake; thence S 11-36-52 E 99.97 feet to the northern property line of said school and a new iron stake; thence along the northern property line of said sch000l S 81-32-32 W 239.15 feet to the Point of Beginning, containing 1.24 acres and being a portion of Tract 8 as shown in Map Book 52, Page 85 and Deed Book 2440, Page 795, Onslow County Registry. ALSO CONVEYED HEREWITH, a 30 foot easement for ingress, egress, regress and access which extends to the eastern right of way of Emerald Ridge Road and being more particularly described as follows: Beginning at the northeast comer of the 30 foot access easement as described above and running N 59-55-23 W 114.54 feet to the eastern right of way of Emerald Ridge Road and running 30 feet south of and parallel to said line. TRACT 2: - Pond BEGINNING at an existing iron stake on the right of way of Moonstone Court, a 50 foot private right of way shown in Map Book 52, Page 85, Onslow County Registry, and also known as the common corner with Lot 114, Sterling Farms Phase 1 shown in Map Book 54, Page 160, Onslow County Registry, and being the POINT OF BEGINNING; thence from said Point of Beginning and with the property line of Lot 114 S 55-44-43 E 109.25 feet to an existing iron stake; thence S 45-03-35 E 171.87 feet to an existing iron stake, a common corner with Lots 114 and 168, above referenced Sterling Farms Phase 1; thence leaving Lot 114 and with the rear line of Lot 168 S 09-23-39 E 48.53 feet to an existing iron stake; thence leaving Lot 168 and with the line of Tract 7, Map Book 52, Page 85, Onslow County Registry, S 09-23-39 E 440.21 feet to an existing iron stake; thence S 10-55-20 E 283.24 feet to an existing stake in the centerline of a small creek; thence with said creek and continuing with Tract 7 S 63-05-20 W 97.33 feet to an existing iron stake; thence N 80-50-02 W 1.22.85 feet to an existing iron stake; thence N 84-22-53 W 201.49 feet to an existing iron stake; thence N 39-34-06 W 198.30 feet to an existing iron stake; thence N 14-18-57 W 80.50 feet to an existing iron stake; thence N 07-36-02 E 138.79 feet to an exisitng iron stake; thence N 19-47-42 W 284.45 feet to an existing iron stake;thence N 26-01-28 W 132.11 feet to an exisitng iron stake which is a common corner with Tract 7 and Lot 113, Sterling Farms Phase 1; thence leaving said creek and Tract 7 and running with said Lot 113 N 58-41-21 E 317.20 feet to an existing iron stake in the right of way of Moonstone Court, a common comer with said Lot 113; thence along said right of way and with a curve turning to the left with an arc length of 92.01 feet, with a radius of 50.00 feet, with a chord bearing of N 69-09-18 E, with a chord length of 79.56 feet, to the Point of Beginning, containing 10.06 acres and BEING ALL of Tract 9 as shown on plat entitled "RECOMBINATION OF LOTS 114, 115 & TRACT 9, STERLING FARMS, recorded in Map Book 54, Page 160, Onslow County Registry The above described tracts are conveyed TOGETHER WITH access to and across streets and roads of Sterling Farms Subdivision as shown on map thefeof recorded in Map Book 52, Page 85, Onslow County Registry. ALSO TOGETHER WITH that easement described as Effluent Easement and Irrigation Easement and that easement described as Green Space Easement as shown on map recorded in Map Book , Page Onslow County Registry. In accordance with the Declaration of Covenants recorded in Map Book , Page , Onslow County Registry, Grantor hereby assigns any and all easement rights for installation and maintenance of the wastewater system serving Sterling Farms Subdivision. Parcel ID Numbers: Tract 8 1114-23 Tract 9 1114-23 7 STERLING FARM WWTP Old 36 Road — Book; Book; 2999 Page, 1977-Current: 633 Seq; 3 Page x of 7) Doc 10: 0076589700D7 Type; CM K,IMd; ElIS e Recorded; 09/30/2009 at 04:3a:23 Ph Prepared by BonnieM. Braudway %& nue'Tax7'6o.Page i of 7 Reve00 without title certification ondow countvs No Be 'Ca L. Pollard Reg. of Deeds STATE OF NORTH CAROLINA 4301 PP f -957 COUNTY OF ONSLOW { DEED OF EASEMENT AND ACCESS AGREEMENT THIS DEED OF EASEMENT AND ACCESS AGREEMENT, made and entered into this 19ih day of 54&aA-jPZ 2004, by and between OGDEN HIGHWAY, LI.C, a North Carolina Limited L' ility Company (hereinafter referred to as Grantors);, and KATHLEEN H. MARSHALL, widow, and JOHN H. MARSHALL, single, their heirs and assigns, (hereinafter referred to as Grantees), whose mailing address is 201 Brentwood Avenue, Jacksonville, NC 28540. WITNESSETH: WHEREAS, Grantor is the owner of certain property described in Exhibit A, hereto attached and incorporated hereon by reference ("Grantor's Property"); WHEREAS, Grantee is the owner of certain property described in Exhibit B, hereto attached and incorporated herein by reference ("Grantee's Property"); WHEREAS, Grantor has agreed property, further described in Exhibit C am purpose of ingress, egress, and regress to G NOW THEREFORE, in consider set forth below and other good and value' are hereby acknowledged, Grantor does 1 of Grantee, its Members, successors, Grantor's property for access to and fror conditions: a) Pa se: The purpose of the E; assigns have access to Grantee' b) Location: This Easement is "WASTEWATER SYSTEM Exhibit C (hereinafter `Base individual lots or other ease+ right to amend the location r c) Indemnification: Grantee and all liability for persa resulting from, or in any to grant to Grantee an easement over Grantor's -'� as 90' Easement in Exhibit ll for the I t ay rty by Book: 3301 Page: 951 Page 1 of 7 Book a301 _ paae 951 File Number Page 2 of 71 d) e) f) h) Grantee, or the Grantees' invitees or guests, or from the use by anyone of the easement or any means or ingress thereto or egress therefrom. No Rir_hts in Public: Neither this instrument nor the recordation heieof are intended to, and neither shall be construed to, create any rights, easements, or privileges in the public generally by dedication or otherwise in and to the easements granted herein or any portions thereof. Limitations: The easement granted above is subject to the following restrictions: i. Grantee, its Members, successors, and assigns are responsible to prevent any unclean, unsightly, or unkempt condition on the Easement Acca and shall refrain from doing anything that may interfere with the health, safety, or welfare of Grantor, its Members or its property. if Grantee, its Members, successors, and assigns, creates any unclean, unsightly or unkempt condition on the Easement Area or damages or destroys by his or her fault, intentional conduct or negligence, any of the Easement Area, Grantee, its Members, successors, and assigns shall remedy the unclean, unsightly or unkempt condition, repair the damage or replace the destroyed property within sixty (dd) days and return it to its condition prior to the damage. ii. Grantee, its Members, successors, and assigns shall not conduct any noxious or offensive activity in the Easement Area which may be or may become an annoyance or nuisance to Grantor, its Members or its property; iii. Grantee, its Members, successors, and assigns shall at all times comply with all applicable laws, including but not limited to, all local, state, and federal rules, regulations, and ordinances with regard to the Easement Area. i iv. Grantee, its Members, successors, and assigns shall superviselall invitees, agents, contractors, and Grantees at all times and ensure that said invitees, agents, contractors, and Grantees abide by all terms and conditions stated herein. Modification: This instrument may not be modified except by: written agreement executed by Grantor and Grantee or their successors in interest. C:oveMine Law: This instrument shall be governed by and construed in accordance with the laws of the State of North Carolina. 4sements Rua With the Land: All of the easements, restrictions, provisions, agreements, rights, powers, covenants, conditions, and obligation] contained in this instrument shall be binding upon Grantor and Grantee, their successors and assigns, and all other persons acquiring any interest in Grantor's Property, whether by operation of law, or by assignment, or in any manner whatsoever, and shall insure f o the benefit of the owners' respective properties and rights and their respective heirs, successors, and assigns. All of the provisions herein shall constitute covenants running with the land. Book: 3301 Page: 951 Page 2 of 7 j Book 3301. Pane 931 - File Number (Page 3 of 7) i) Covenants by Grantor: Grantor covenants that the Grantor is seized of the premises in fee simple, has the right and authority to convey the said Easement, that title said easement is free and clear of all encumbrances, except for certain matter recorded in the Onslow County Registry and that the Grantor will warrant and defenk the title against the lawful claims of all persons whomsosever. IN WITNESS WHEREOF, the Grantees and Grantors day and year first above written, intending to be legally bound. GRANTOR: • 1/ ii, V�lJ 2� " STATE OF NORTH CAROLINA NEW RANOVER COUNTY have set their hands and seals the r I, F)Onni; 1+-1, g o• a Notary Public, certify that4-J Lnl L_gee personally came before me this day and ac owledged that he is the Manger of Ogderi Highway, LLC, and that he, as Manager is authorized to do so, executed the foregoing on behalkof Ogden Highway, LLC. Witness my hand and seal, this the ihday of 2009. My Commission Expires: -ell (a 1 { Not Public �yPdft ntet�t�r.Ccmy,_t�c Book: 3301 Page: 951 Page 3 of 7 i Hook 3301. Faaa 951. File Neer Page 4 of 7) I' I Exhibit A i I Being all of Tract 7 consisting of 64.72 acres more or less as is more particularly described and depicted on that Map entitled "Sterling Farms, Phase 1 " recorded in Map Book 52, Page 85 of the Onslow County Registry reference to said map being hereby made for a more particular description. Tax Parcel Number: 1114.23 Book: 3301 Page: 951 Page 4 of 7 i Eook 3301_ Paae 951. File Nwnbar `Page 5 of 7}- k Exhibit S i Being all of that Cemetery Lot reserved in that Warranty Deed recorded in Book 2440, Page 795 of the Onslow County Registry and more particularly described and depicted; on that Map entitled "Sterling Panns, Phase 1" recorded in Map Book 52, Page 85 of the OnsIow County Registry. Tax Parcel Number: 1114-21-5 I. i i Book:3301 Page:951 Page 5 of i Hook 33D1. Pace 951. File xmbar Page 6 of 7) Exbibit C Commencing at an existing concrete monument, said monument being the northwest corner of the property known as Morton Elementary School which is recorded in Deed Book 2633 Page 705 and also a common corner of Tract 8 as shown on Map Book 52 Page 85, all of the Onslow County Registry; Thence N 03°56'53" E a distance of 231.36' to a computed ;point in the centerline of Emerald Ridge Drive, THE TRUE POINT OF BEGINNING; Thence from said beginning, leaving the centerline of Emerald Ridge Drive and with the centerline of this new 30- foot access easement the following: N 5903733" W a distance of 51.43 ; thence N 6790'43" W a distance of 39.68 ;thence N 71 °04'40" W a distance of 44.89 ; thence N 75°29'35" W a distance of 28.82% thence N 7610115" W a distance of 51.68; thence N 7813T48" W;a distance of 45.73 ; thence S 89*1,05" W a distance of 34.02 ; thence S 75'05'34" W a distance of 45.99; thence S 76*43'59" W a distance of 44.92 ; thence S 88°14'45" W a distance of 54.68; thence N 87°26'34" 4 W a distance of 46.06 ; thence N 81'37'I 1" W a distance of 44.20 ; thence S 84°00'54" W a distance of 59.78' to the eastern edge of the cemetery and the terminus of this easement; Said point being located S 05'59'06" E 13.52' from an iron stake, the northeast corner of the cemetery lot as shown on Map Book 52 Page 85. Book: 3301 Page: 951 Page 6 of 7 soon 3301. Pane 951 . File w tuber r t~ w O a rd rd Da t LNIR L raYwL mlar m.r Mlyt YIL Maw uaot Yr PaLL.Y� /eW Nt l.ERTI SItIKY YN1L VNola YT 9ILIYA9%. ii W000.• TMf e.Y, awKr b a YN lbSML a iMo eau.ri u•. N.S eY aimN.Yrs nur ewuis ns PYI�a e IYiO LVS rNYt Prt YY MS 3YpILra M YKaa1YR M➢1 Of Xw,Rrt1 MO iil�l'xs 112 OAY d 0L7JSCmYm• �'ta3W� a `• ML;1'• Y Ct? LOOL� niSI1C rRL n - uarnr�[ eo. eY - pnnc mNM[a Ywwnr rYn1- o�enxa .a,LLc Bata Yw N - [xS1NC wM N[ 16 - LYSMa MM SrYIC Iw - LI640 YIe Y.1 Lnt - LaS•Yq n Nr. in : ca�iYi�NL io,L`sf i� ir�i.c YO- aweYtollNL Ltu - LY IYOI tYY • _ •(; IuL NNL xIN - YCL M MYc IR - tLY }MLS as txL !ER .!C YInL1S YO, RYQ N - eOIV •YlL Lo - LwrMzo muaLa roc nn••arn.lr N— rrnMru w - tm Ytn3 -C- - OKIN[M L[LCEE uL a e L W ywrcn .L Ye s+nc m�+n .tmcra neon olanneenox ne Y,I � xm���• -- WASTEWATER SYSTEM ASOUILT FOR -- STERLING FARMS WHITE OAK TOWNSKP - ONSLOW COUNTY, NC SCALE. I'-200' DECEMBER 17t11. 2007 i8 . PG WATPtn9p.drg GAIRY CANARY LAND SURVEYING P.O. Box 9T5 RICHLINOS. NC 26574 9103 RICNLIWpS HIONWAY (9t0-4H74 1gnye_ava9mea-c- f910112{-^30 CFA%j JIM, jr udl'i t r� ` +M�61 w xm f ray I '. ata rx 1EaLL JI:S^! L cat r m+tdr ITS A C L L i ,• ` 1 • -^'----r-' , . f "ACT1. LCf �I 7. r r= • I y L_r-..���- ~i-` t.ACT 7i Ne — a eet .m 1 lr. . TRACT f MORTON ELEM SCHOOL 108 2a3% p0 703 - 1 tl . 00 2 0 n 4) 0) ca IL (Page i of 18) 0 Doe to: 00418434DO18 Type: CRP Recorded: 01/03120D8 at 02:22:21 PM Fee Amt: $66.00 PaOe 1 of 18 Excise Tax: $0.00 onalov County, NC Maryl[andQK.. Washhlngton RRe`Q. of Deeds BK2999 PG682-. 99 AMENDED AND RESTATED /l EFFLUENT EASEMENT AND IRRIGATION AGREEMENT fI.ETua� -� Clifford La Firm,jll�� \j P.O. Box 338 ; Raleigh, NC 27G_ 4 ; This AMEN Ei A&Seme RE TEDED'`.FFFLUENT EASEMENT AND IRRIGATION AGREEMENT (the "Eitlr►eut tgr►� en�") is made and entered into as of the day of 2007, by F.b� HW ti_14C;-:, North Carolina limited liability ("Ogden"), y and AQUA NORTH CAROLfNA, fl)rC., a Nock) ,q!�linajorKpration ("Aqua"). TNESS THAT WHEREAS, Ogden is the deve*! a pr posed, IcvelDpmcnt called Sterling Farms (as defined below); and WHEREAS, Ogden and Aqua have entered into A�quisVIM A ee en s defined below) whereby Aqua will acquire the Wastewater Utility System (a . deli ed el Sterling Farms, with Aqua owning and operating the facilities as a utility coml ny ula d by)he Commission (as defined below) and DWQ (as defined below) for wastewater service; WHEREAS, Aqua is a public utility company in the business of pici)Yg wa5t�}�ater'�sen teeyo communities such as Sterling Farms; and \ r WHEREAS, Ogden and Aqua have entered into that certain Effluent Ease ent A dj/rrigafi Easement ("Original Easement") dated 10/15, 2007 and recorded in Deed Booka`fit,e �j Pag, O ow County Registry, North Carolina, and WHEREAS, Ogden and Aqua have agreed to make certain modifications to the Original Easement and have agreed to execute this Restated Easement, which shall completely replace in its entirety the Original Easement. NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Ogden and Aqua intending w be legally bound, agree as follows, vs,009154W ) Dook:2999,Page:5s2 Definitions. 1.1 "Acquisition Agreement" shall mean that certain Amended and Restated Agreement for the Installation, Conveyance, and Operation of the Water and Wastewater Utility Systems serving the Sterling Farms Development, dated as of December al, 2007, executed by and between Ogden and Aqua, which completely replaced in its entirety the Agreement for the Installation, Conveyance, and Operation of the Water and Wastewater Utility Systems serving the Sterling Farms Development, dated as of October 15, 2007, executed by and between Ogden and Aqua 1.2 "COlnMiSSiOn " shall mean the North Carolina Utilities Commission. 13 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1 A "Easement Areas" shall mean the Spray Areas (as defined below) and Monitoring Locations (as defined below) identified in the Permit (as defined below) and -generally depicted on the map attached as Exhibit A. , 1.5 "Easement Property' shall mean the property described on Exhibit A attached hereto. 1.6 "Effluent Easement Agreement" shall mean this Effluent Easement and Irrigation Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. 1.7 "Effluent Storage Pond" shall mean the 12.4 million gallon storage pond at Sterling Farms to be owned and operated by Aqua pursuant to the Acquisition Agreement in which the Reuse Effluent (as defined below) will be stored after treatment at the WWTP (as defined below), and from which the Reuse Effluent will then be pumped to be sprayed onto the Spray Areas. 1.8 "GPD" shall mean gallons per day. 1.9 "Ogden" shall mean Ogden, the developer of Sterling Farms. 1.1.0 ".Monitoring Locations" shall mean the groundwater monitoring wells and surface wager sampling points to be located from time to time on the Easement Property in compliance with the requirements of the Permit. 1.11 "Permit" shall mean Permit No. WQ0029475 for the operation of the Wastewater Utility System (as defined below) and Spray Irrigation Facilities (as defined belov,!) issued by DWQ, as the same may be modified or renewed from time to time. 1.12 "Reuse Effluent Pumping Station" shall mean that certain pump house, pumps and controls to be located near the Effluent Storage Pond that shall be used to pump Reuse Effluent to and through the Spray Irrigation Facilities (defined below) at Sterling Farms. 1.13 "Spray Areas" shall mean those areas at Sterling Farms required for disposal of Reuse Effluent pursuant to the Pen -nit. The Spray Areas are depicted in Exhibit B attached hereto. 1.14 "Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, the Reuse Effluent Pumping Station, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Pond upon the Spray Areas, which Spray Irrigation Facilities shall be owned by Aqua. 1.15 "Ste) -ling Furry►s" shall mean the property being developed by Ogden, known as Sterling Farms located on SR1423 in Onslow County, North Carolina, which shall initially consist of approximately 500 residential units and other recreation and amenity` areas. 1.1.6 "Reuse Effluent" shall mean the wastewater that has been treated by Aqua to the point that it meets the effluent quality standards required by the Permit. 1.17 "Reuse Effluent Pumping Station" shall mean that certain pump house, puinps and controls to be located near the Effluent Storage Pond that shall be used to pump Reuse Effluent to and through the Spray Irrigation Facilities (defined below) at Sterling Farms. 1.18 "Wastewater Utility System " shall mean the WWTP, the collection system that delivers wastewater to the WVl)TP, the Spray Irrigation Facilities, the Effluent Storage Pond, all lift stations, and other facilities used in the collection, treatment, holding and disposal of the wastewater. 1.19 "WTUP" shall mean the wastewater treatment plant located within Sterling Farms. 1.20 "WWTP Property" shall mean the property upon which the WWTP is located, as more particularly described in Exhibit C, 2. Treatment and Storage Aqua shall treat the wastewater created by customers and common area facilities within Sterling Farms in the WWTP and then discharge the Reuse Effluent into the Effluent Storage Pond. The Reuse Effluent shall be treated by Aqua to the standards established by DWQ in the Permit. 3. Withdrawal and Spray Irrigation. Aqua shall be responsible for the operation, maintenance, repair and replacement of the Reuse Effluent Pumping Station, and for all aspects of the daily operation of the Spray Irrigation Facilities by a certified spray irrigation operator including all .recordkeeping and reporting required by the Permit. Aqua shall have the right to enter the Spray Areas for the purposes of fulfilling its spray irrigation obligations hereunder. 4. Spraying Activities. Aqua shall cause its certified spray irrigation operator to spray the Reuse Effluent onto the Spray Areas. The spray irrigation shall be performed in compliance with DWQ requirements. 5. Maintenance. Repair and Replacement of the Spray Irrigation Facilities. Aqua shall be responsible for all aspects of the daily maintenance and repair of the Spray Irrigation Facilities at Aqua's sole cost. At such time in the future as it is necessary to replace any portion of the Spray Irrigation Facilities, it shall be Aqua's sole responsibility to replace such portion of the Spray Irrigation Facilities at Aqua's cost. Aqua shall have the right to enter the Spray Areas for purposes of fulfilling its maintenance, repair and replacement obligations hereunder. 6. Testina and Inspections. Aqua shall be responsible for conducting any and all effluent, groundwater, surface water, and soil sampling, and associated recordkeeping and reporting, in accordance with the Permit. Pursuant to and in accordance with Section 9 below, Aqua shall have the right, at any time and upon reasonable notice to Ogden, to enter the Easement Property and (a) to inspect and review the operation and maintenance of the Spray Irrigation Facilities; (b) to take soil borings and conduct any conduct other tests required by the Permit; and (c) to perform groundwater and surface water monitoring within the Easement Areas as required by the Permit (including the installation and maintenance of monitoring wells); provided, however, that (x) Aqua's testing and inspection activities on the Easement Property shall not interfere with the intended use of the Easement Property, and (y) Aqua shall use 3 commercially reasonable efforts to avoid damage to the Spray Irrigation Facilities and the Easement Property. 7. Service Interruption. In the event of service interruptions caused by a malfunction of the Wastewater Utility System, Aqua shall exercise due diligence in completing the necessary repairs and restoring Reuse Effluent delivery to the Effluent Storage Pond. In the event of service interruption caused by a malfunction of the Spray Irrigation Facilities, Aqua shall exercise due diligence in completing the necessary repairs and restoring Reuse Effluent irrigation to the Spray Areas. Grant of Easement. 8.1 Ogden hereby grants and conveys to Aqua, its successors and assigns forever, a perpetual non-exclusive easement appurtenant to the WWTP Property, for the purpose of spraying Reuse Effluent, operating the Spray Irrigation Facilities and other activities related thereto, including the installation and sampling of the Monitoring Locations, as more fully set forth in this Effluent Easement Agreement. This easement allows such spraying and related activities, as more particularly described in this Easement Agreement, within the Easement Areas, which are located within the Easement Property. The right to spray and monitor pursuant to this easement is given without payment of any fee or other charge being made therefore. Ogden shall not further encumber the Easement Areas, or engage in any activity therein, or grant any other interest or privilege therein to any other. party, which would interfere with Aqua's enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement. 8.2 Ogden further hereby grants to Aqua, its successors and assigns forever, a perpetual non- exclusive easement appurtenant to the VwWTP Property to the other -portions of the Easement Property for ingress, egress, regress and access to and from the Easement Areas and the Spray Irrigation Facilities and over, across, upon, and through the Easement Areas and the Spray Irrigation Facilities, as necessary for Aqua to enjoy the rights and to fulfill its obligations under this Effluent Easement Agreement, including the performance of soil borings and other testing required by the Permit, without payment of any fee or other charge being made therefore. Ogden shall not interfere with or permit any other party to. interfere with Aqua's right of ingress, egress, regress and access granted hereby. In the exercise of Aqua's right of ingress, egress, regress and access, Aqua shall, where possible, use existing roads, paths, and other ways of travel to and from the Easement Areas. Aqua shall have no obligation to maintain such roads, paths, or other ways of travel, but shall exercise ordinary care in its use of the same. Where roads, paths, or other ways of travel do not exist, Ogden shall make reasonable efforts to specify ways of travel for Aqua's use so as to pen -nit Aqua to enjoy the privileges and fulfill the obligations created. by this Effluent Easement Agreement without undue interference. Aqua shall use its best efforts to conduct its activities in the Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Easement Property. 9. No Payments for Reuse Effluent Operation of the Spray Irrigation Facilities, or Adclitions to or Releases of Easement Areas. There will not be any payments now or at any time in the future by Ogden to Aqua for the Reuse Effluent that will be sprayed on the Spray .Areas. Aside from the purchase price listed in the Acquisition Agreement, there will not be any payments by Aqua to Ogden now or in the future for any aspect whatsoever of the operation, maintenance, and repair of the Spray Irrigation Facilities, for the performance of any monitoring or testing required by the Permit, or for providing Aqua the inforniation required for the DWQ reports. If the Easement Areas change in the future because of modifications to the Permit, there will not be any payments by Aqua to Ogden or by Ogden to Aqua to modify this Easement Agreement to reflect changes made to the Easement Areas in the Permit. 10. Reuse Effluent Quality. AQUA SHALL NOT BE RESPONSIBLE FOR ACHIEVING WATER QUALITY LEVELS IN THE REUSE EFFLUENT BEYOND THE REQUIREMENTS OF THE SPRAY IRRIGATION PERMITS ISSUED BY DWQ. 4 11. Landsca ine of S ra . Areas. At its sole cost, Aqua shall be responsible for mowing and reasonable upkeep of the Spray Areas. However, should Ogden decide that it wishes to install landscaping within the Spray Areas; it may do so provided that the landscaping does not interfere with Aqua's use of the Spray Areas as required by the Permit and that Ogden shall be responsible for the landscaping and landscape maintenance at Ogden's sole cost. 12. Permit Violations. Aqua shall be responsible for addressing and resolving any enforcement action taken by DWQ against Aqua in response to any violation of the Permit. Notwithstanding the foregoing, to the extent that any act or omission by Ogden causes a violation of the Permit, Ogden shall be liable to Aqua for the costs of remedying the violation and for any civil penalties assessed against Aqua as a result thereof II General Provisions. 13.1 Bindinc upon Successors and AssiMns. The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land; they are made by Aqua and Ogden for the benefit of themselves, their successors and assigns in title to all or part of the WWTP Property or the Easement Property. In addition, Ogden may assign its rights and delegate its duties under this Effluent Easement Agreement in whole or in part to a property owners association formed with respect to Sterling Panns. 13.2 No Third Partv Beneficiary Rights. Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 13.1 above. 13.3 Independent Contractor. The parties hereto are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Effluent Easement Agreement to create an agency, partnership, or joint venture between the parties hereto. 13.4 Counterparts. This Effluent Easement Agreement may be executed in one or more counterpart signature. pages (including facsimile counterpart signature pages), each of which will be deemed to be an original of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same instrument. 13.5 Headin,s. The headings of particular provisions of this Effluent Easement Agreement are inserted for convenience only and shall not be construed as a part of this Effluent Easement Agreement or serve as a limitation or expansion on the scope of any term or provision of this Effluent Easement Agreement. 13.6 Enforcement of Agreement. Each pasty acknowledges and agrees that the other party would be irreparably damaged if any of the provisions of this Effluent Easement Agreement are not performed in accordance with their specific terms and that any breach of this Effluent Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any other right or remedy to which a party may be entitled, at Iaw or in equity, it shall be entitled to enforce any provision of this Effluent Easement Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 13.7 Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by United States first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile, in each case addressed to the address or facsimile number indicated on the signature pages to this Effluent Easement. Agreement (or at such other address or facsimile number as such party or permitted assi.biee shall. have furnished to the other parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery; mailing, or facsimile transmission. 13.8 Waiver. No waivers of, or exceptions to, any term, condition or provision of this Effluent Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such terra, condition or provision. 13.9 Entire Agreement. This writing and the documents referred to herein embody the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 13.10 Modifications in Writinz. This Effluent Easement Agreement shall not be modified, amended, or changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Effluent Easement Agreement in any other way. Any such modifications shall be subject to DWQ's approval. 13.11 Consent to Jurisdiction. The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies arising out of, relating to, or referring to this Effluent Easement Agreement, the formation of this Effluent Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement Agreement, whether such controversies sound in tort law, contract Iaw or otherwise. Each of the parties hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available. 13.12 Governing Law. This Effluent Easement Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules. 13.13 Recordation, Duration. Upon closing of the transactions contemplated by the Acquisition Agreement, Aqua shall record this Effluent Easement Agreement in the Register of Deeds of Onslow County, North Carolina at Aqua's expense. The provisions of this Effluent Easement Agreement will run with and bind title to the WWTP Property and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or the Easement Property, and will be and remain in effect until such time as a document terminating this Effluent Easement Agreement is signed by all of the owners of the WWTP Property and the Easement Property and recorded in the public land records of Onslow County. 13.14 Required Amendments. 1n the event that the Permit is modified, amended or expanded at any time to permit additional or different land to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement reflecting any such change in the Easement Areas defined hereunder. (Signature Page to Amended and Pestaied Effluent Easement and Irrigation Agreement) IN WITNESS WI[EREOF, the parties have caused this Effluent Easement to be duly executed their respective corporate names, all by authority duly given, the day and year first above written, OGDEN HIGHWAY, LLC C,- Z__, By: J La e, Member/ anager Address: 30 Military Cutoff Road Suite 100 Wilmington, NC 28403 AQi1A N TII CAROLINA.INC e Bv: Thomas J Loberts, President Address: 202 M 'enan Court Cary, NC 27511 Attn: President Fax: (919)460-1788 STATE OF M0 V+ M 11 A CA- COUNTY OF N ee.VJ"� I, the undersigned, a Notary Public of the County and State aforesaid, certify that J19ti rl lLoA' - __ whose identity has been proven by satisfactory evidence, said evidence being: 0' I have personal knowledge of the identity of the principal(s) ❑ 1 have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a 4 , _. ❑ A credible witness has sworn to the identity of the principal(s); who is the a a of OGDEN HIGHWAY, LLC, a North Carolina limited liability company, personally appeared b fore me this day and acknowledged that (s)he is of OGDEN HIGHWAY, LLC and that as ftV_QGC4! being duly authorized to do so, voluntarily executed the foregoing instrument on behalf of said co *any for the purposes stated therein, Witness / my hand and official stamp or seal this (QDkh day of D-0 01 jam' — 2007. Notary Public Print Name: BoyV116 My Commission Expires:_ [AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE] Sonnie M. &&-away Notary Public New Hanover County, NC 8 STATE OF NORTH CAROLINA COUNTY OF WAKE I, the undersigned, a Notar), Public of the County and State aforesaid, certify that THOMAS J. ROBERTS, PRESIDENT of AQUA NORTH CAROLINA, INC., whose identity has been proven by satisfactory evidence, said evidence tieing: ® I have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); personally came before nee this day and acknowledged that he .is PRESIDENT of AQUA NORTH CAROLINA, INC. and that he, in such capacity and being authorized to do so, voluntarily executed the foregoing on behalf of the corporation. for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this A / day of December, 2007. N ar b c Signature Print name: Peggy -Sue Colucci My Commission Expires: June 8,_2008 [AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE] °`'`►,�o U E ACC M � � s•C•f��/ i NOTARY PUBLIC //�r�f,'F;, cop al 4t `�ti� EXHIBIT A Easement Prorerty EXHIBIT A y NOTES TRACT 3 — GREEN AREA TRACT 4 — GREEN AREA TRACT 5 — GREEN AREA TRACT 6 — SPRAY FIELD TRACT 7 — SPRAY FIELD TRACT 8 — GREEN AREA TRACT 9 — HOLDING POND SOURCE OF TITLE FOR ALL TRACTS SHOWN IS MB 52, PG B5 UNLESS OTHERWISE NOTEC 1000 0 1000 2000 `SN OLD 30 ROAD (RAW VARIES) NCSR 1423 FLOOD CERTIFICATION THIS IS TO CERTIFY THAT THIS PROPERTY IS LOCATED IN FLOOD HAZARD ZONE "AE17' k 'X' PER COMMUNITY 370344. PANEL 372053070QJ EFFECTIVE NOV, 3rd, 2005 THIS IS TO CERTIFY THAT THIS MAP AND SURVEY WAS DONE IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND 5URVEYING IN NORTH GAROLINA. THE ERROR OF CLOSURE AS CALCULATED BY LATTHTUDES AND IS SURVEY isDANEEPARTURES I EXISTING O S 1110,QQQ TH LAND. GAIRY I. CANADY PIS L-2904 71-71 :INITY MAP NO SCALE SHEET 1 - OVERVIEW LEGEND OP--EXSTING IRON PIPE PP --POWER POLE M8L-MINIMUM BUILDING LINE EPK--EXISTING PK NAIL EIS --EXISTING IRON STAKE O8--OEEED BOOK PG --PAGE R/W--RIGHT OF WAY LIB --MAP BOOK NPK--NEW PK NAIL HIS --NEW IRON STAKE CONCRETE CE- —OVERHEAD ELECTRIC LINE PU CON C�CON CRETE R�IO Sk U. E. DRANAGEGAND EASEMENT SURVEY FOR STERLING FARMS WASTEWATER TREATMENT PLANT LOT#: NIA BLOCK: NIA SECTION: N/A DAIRY CANADY SURVEYING SUBDIYISON: STERLING FARMS, PHASE 1 PO BOX 915 9103 RICHLANDS HIGHWAY COUNTY: ONSLOW TOWNSHIP: WHITE OAK RICHLANDS, NC 28574A DATE:12/17/07 SCALE:1"=1000 F8 PG ( 910)324-4616 g10 324-8430 FAX (FILENAME: WW1Pmop.dwg gal ryconody®gma11.corn EXHIBIT B Spray Areas P 1. CNRY L C'ANr.OY. CET- MAT THS PLAT NAS ORAWH UNDM wY [OEM 0[ESMW.OW RECORDED N BOON 9EEE PACE H E k P 'T Yd WIRY THE pWN0MIE5 NOT SLRSEYED ME -EARLY NO-RD A$ DRAAN NOTED:fpOw INFNp1wnON AS TNAT THE RA10 W PRE090N AS CAIA1tw1EO IS 1:1gFA0h; THAT T9S SLNVEY CREATES A AIBOIN9oN OF LAND IN A POATOI'I OF A C-INTY MAT -S AN OROIN m 1- REGliLA`ES MCELS CIF LAN. AND THAT TN1.S - WAS PREPARE. IN ACCOADANCC vA TH VS A7-M AS A.MDED. vnTNES.S NY M0NA: 9daA RE. REDISTRATId .1-8ER -0 SEAL MIS IM DAY M .ECFNwEN 200T GAIRY L CANADY, P 5 L-290A NWT. CMOIiNA cAI5low COUNTY 1, AEVIEtY OFFICER x�iT Cd1NTY, CERTIFY THAT ME uAP DA YLAT MIS •CIA.FlCA.ON IS " Wi -LETS ALL STATVTORY RECUREWE.i FOR AECOMIda Nt.EW DMLE� DAIS RE-STER 1 DEEDS j3j ti 1 / p� f f � � 1 rr $ /ff Irr TRACT 6 g / 5.53 ACRES SPRAY FIELD .L B S2 PG 85 , S.E lF1IGTH RAd ^ GEMING OIORD n Q 22T.78 221.76 xDD.DD 1is' •W 22LJs G] 1 22i.76 26 .a 29-2b0.-- 29o0tl o0 rvY>af fig'[ N' xI1.D5 26tl.22 L5 OAB iS00 N0631'OSW ID4H G6 t21.`-fi �6Soo N �Y 'W fxLDx C110 ibA73 S00 T Ib9.]M C11B CII9 55E.96 20c`OI_ 515LOo 29O.U0 CAL M• 0B`w 511.2E 199.BS, TRACT 7 64.72 ACRES SPRAY FIELD 5y RRe•ar. I AB 52. PG 65 -- SURVEY FOR STERLING FARMS SPRAY FIELDS WHITE OAK TOWNSHIP ONSLOW COUNTY. NC SCALE: 1'=200' DECEMBER 17th. 2007 FS . PC VAVTP-op.dwg/SHEET 5 GAIRY CANADY LAND SURVEYING P.C. BOX 915 RICHLANDS. NC 28574 9103 RICHLANDS HIGHWAY (910)324-4616 `O0 0 200 ADD LOir anad moil.com 910 324-8430 FAX 1 iti Vic iNil NOT I j LC IL n - ENIEATE. u.. vaN;-GEED tf / j ` UE BDM EfoSTNG CCNLREIE u CA ENT EIP - ElOSTNG xt'D. CONCRETE u0N I I EIS - ESISTNC NON PIPE K 09 - ECI L UW MANE IS IL _wN - Ek15.NL NAG NNL ✓.P- EASNIG PN NAIL WINESS PIPE _. EwS.NG IRON EVAS - ETOSIING . ES5 IRd S—E y \ NIP -NEW IRO! PIPE NPI - NEW Ptl NAIL '' - NEW UME55 IRON PIPE NMtS -NEW ..MS IRON SIANE PC -PAC[ malr of w•r THE SAVE III- AS IP -_ NME OFDICTFD N AP BOOK 52. PAGE BS 1 11 11 � 1/I BFS f 6 ppI 61 srw.. \ I way Y _ A— A FLOOD cER,IFICATION IMS 6 i0 C6DNT' nMT 1W5 uePxp., r O LDCATID N Fl000 NASAR9 . u1Y x Pm w�.IDwx rIX. � sAros EnEc-E t.n :ms EXHIBIT C Waste Water Treatment Plant Pro errs ffiIBIT C 50 0 50 100 OS �a ha y SIT7 0 fN� OLD C RD . l � obi Rya R TRACT 8 t \ VICINITY hAAP NO SCALE 11.82 ACRES m (by coordinates) ` $ PORTION OF TRACT 8 L \_ MB 52, PG 85 \ \ I� 1 � 'FLOOD LINE _ NIS \ Ng2'oA'48"E I \ NIS 71.18_ , WETLANDS LINE un LO f NIS x � i f p ` \\ 3A.1' t LANK '�.:, y � •\ TANK ` \ NIS \ • \ PUMP mLn " TSO R SIDED xLO a'1 MA BU14D{NG D Nt 1.24 ACRES _ (by coordinates) �Q,Q `J 1, PORTION OF TRACT 8 M8 52, PG - 85 FENCE x �! J INLINKNCENIS / 8' NIS / M ORTON ELEMENTARY SCHOOL DS 2633, PG 705 SHEET 3 - WASTEWATER PLANT ASBUILT FLOOD CERTIFICATION I LEGEND aP--EXISTING IRON PIPE PP --POWER POLE MBL-MINIMUM BUI'.AINC LINE THIS IS TO CERTIFY THAT THIS PROPERTY VS US --DEED BOOK PG --PAGE EPK--EXISTING PK NAIL EIS --EXISTING IRON STAKE NPK--NEW PK NAIL NIS--NEW IRON STAKE LOCATED IN FLOOD HAZARD ZONE %� PER COMMUNITY 3703i0. PANEL �T n I R/W--RIGHT CF WAY MB--MAP BOOK C/L--CENTERLINE CP--COAIPUTID POINT R--RADIUS ECU--EXISTNG CONCRETE MONUMENT k U. E.--DRAINAGE AND UTILITY EASEMENT EFFECTIVE NOVEMBER 3fd, 2005 —E— --OVERHEAD ELECTRIC UNE CONC--CONOTETB D THIS IS TO CERTIFY THAT THIS MAP AND SURVEY FOR SURVEY WAS DONE IN ACCORDANCE WITH FOR LAND STERLING FARMS WASTEWATER TREATMENT PLANT THE STANDARDS OF PRACTICE SURVEYING IN NORTH CAROLINA. THE ERROR OF CLOSURE AS CALCULATED 8Y LOT N/A BLOCK NIA SECTION: Nf.4 GAIRY CANARY SURVEYING LATITUDES AND DEPARTURES IS js1 7,GQ0. PO BOX 919 THIS SURVEY IS AN EXISTING PARCEL OF SUBDIMSON: STERLING FARMS. PHASE 1 9103 RICHLANDS HIGHWAY LAND, COUNTY: ONSLOW TOWNSHIP: WHITE OAK RICHLANDS, NC 28574 77E:12/17/07 1 SCALE: 1"=50' FB PG 910324-4616 JA (910)324-8430 FAX GAIRY I. CANADY PLS L-2604 FILENAME: WWTPmap.dwg I galryconadyOgmail.com EXHIBIT C 1 i Arc}q�r SI T E ] �s Irk wD �RD I. L100 ` IKACT 0 11.82 ACRES (by coordinates) VICINITY MAP NO SCALE PORTION OF TRACT d MB 52, PG 85 !� b J LINE TABLE LINE BEARING LENGTH L700 3'24'38W 0.00' 73B2 0133 4' 3a's L3B4 L3B5 S 47 7"� 0' Cn FLOOD LINE tiNIS N82'D4'h8"t NI' ' 71.1 B' r� - -WETLAIJDS LINE Gi ti ,x TRACT 7 / 'NETLANDE M@ 52, PG 85 / -� i N15 WASTEWATER �'' F TREATMENT IS � PLANT LOT 1.24 ACRES NIS ., (by coordinates) 1 \ Gay` . No PORTION OF TRACT 8 0 0 o MB 52, PG 85 N, 'o.A rn 3g'32„E\ECM _ - L3 w a hs1 CONTROL 89' AO I (CORNER� 239.15/ (CONTROL NIS 5g1'3�2 W CORNER) IJ81'32 32"E NIS I ECM 171.66 ` n rl MORTON P o114 ELEMENTARY 1 — N SCHOOL 11 o DB 2633, PG 705 L385CURVE 1 TABLE CURVE LENGTH I RADIUSBEARING ] CHORDI C116 23B.55 340.00 N14 4'5 233.fi9 ' C117 557.5575 S65.DC N%,'4`'7"� 53G.87 C115 5.48 535 DO 1421'1D'5 "i 531.28 C119 2D:•O1 :4D-OD N14'2B'C8"W i4793 I• 1 C120 46.07 310.D0 N47'23'10'E RG.Di , 1 C121 85.E7 "•SC 7^ 8-•-5 1 I I100 0 100 200 �l I +iiiiiwf NaomiOf Ij \ 11 1 1 cc SHEET 2 —WASTEWATER PLANT LOT I ; FLOOD CERTIFICATION LEGEND EIP--E%ISTINC IRON PIPE PP --POWER POLE VOL-MINIMUM BUILDING LINE THIS IS TO CERTIFY THAT THIS PROPERTY IS DB--DEED BOOK PC --PAGE EPK--EXISTING PK NAIL EIS --EXISTING IRON STAKE LOCATED IN FLOOD HAZARD ZONE AE17" & R/W--RIGHT OF WAY MB--MAP SOCK NPK--NEW PK NAIL NIS--NEW IRON STAKE 'X' PER COMMUNITY 3703 4, PANEL CA--CENTERUNE CP--COMPUTED POINT R--RADIUS ECM --EXISTING CONCRETE MONUMENT 3720530700J EFFECTIVE NOV, 3rd, 2005 -E- --OVERHEAD ELECTRIC UNE CONC--CONCRETE D &VIE.--DRAINACE AND UTILITY EASEVENT THIS IS TO CERTIFY THAT THIS MAP AND SURVEY FOR SURVEY WAS DONE IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND STERLING FARMS WASTEWATER TREATMENT PLANT SURVEYING IN NORTH CAROLINA. THE ERROR OF CLOSURE AS CALCULATED BY , N BLOCK: N A SECTION: N/k GAIRY CANADY SURVEYING LOTA LATITUDES AND DEPARTURES IS 1:10-UGO / THIS SURVEY IS AN EXISTING PARCEL OF SUBDIVISON: STERLING FARMS, PHASE 1 PO BOX 915 LAND, 9103 RICHLANDS HIGHWAY COUNTY. ONSLOW TOWNSHIP: WHITE OAK RICHLANDS, NC 28574 7ATE:12/17/07 SCALE: 1"=100' I FB , PG 910 324-4616 9103324-8430 FAX GAIRY I. CANADY PLS L-2004 (FILENAME: WWTPmop.dwg I gcirycancdy0gmcII-, m I, "Ity I. CANMT, CERTIFY MAT THIS PUT WAs DRAwR UNDM - WPERNSIGN FRW A.N ACTUAL SURVEY MADE UNDER MY SUPERVISION PEE. DESCRIPRGN RECORDEII IN BOP( SIX . PAGE ME I: THAT THE BOL .Mts NOT W.11c ED ARE CLEARLY INOICATEO As ERA. RROM INEORMARat, AS NOTED; THAT THE RATIO OF PRECISION AS GTLEAMATED i5 I; ; TH D,0O AT INIS SURVEY CREATES A SUOPNSON OF LAW IN A PORTIDY W A CON THAT RAS M PtDW.MICC TI!AT REPAATES PARCELS DF LAND MO THAT NLS MAP WAS PREPARED - ACOORDANCC _f CS 17-]0 AS AMENDED. -70ESS MY On GJNAL SCNAIVRE REGSIRATIGN —DER AN. SEAT. Tws T21D 0A1 6 CEMWIE& 2paJ Cff-( cEH1ERUNE - DALCULAIEG PANT DR - OEm JOG. EOM - OUSTING CONCRETE MONUMENT EW Ai _ COSTING WANES$ CONCRETE MOPi BF - C%ISTNC — PIPE 05 - CASTING IRON STAKE EMH - "STING A. NAIL FFN - "ISTNG PM NAA EMP - L_A9nNG wTAESS IRON PIPE EYAS - pOSTTN, WTTIE.SS IRON ST <E IPR - MONITORING WELL 1P , NEW Ina, PIPE MS - NEW IRBN 5TA, ^MN - NEW A(,' NAIL K- NEW FK NAIL w TN E[SS IRE MWS - NEW YATNESS IRON PPON STA.E PO - PACE RIGHT OF WAY MOONSTONE COURT (50PRIVATE LOT 113 MB 32 PG as � WEnmps \ t I I ^jth- 1A A, / ly ..EnANDs i 1 - ! LOT n5 \'� � LOT 172 � / ! � L07 1 ` , \ WETLANDS T66 'GAY: T LOT 14 \ -`ls MB LOT COT , LOT 171 7g) ' La1 170 / \ --LOT 110 (/ - u0 53, PG 65 1 ( �AC [tOOo 20{i 'AE, J"` ` r LOT 16 e ! 4 \ sl PL s / ALnnWOG 'PD 1 OpbRD n PUS p0 Off LV, �f t ?r VICINITY MAP %J FLOW 2-t '.E, T' ( ' S09.09' _16 II �•� I P� i FLpLtl_, [ONE -ALI r y f /FROM LINE I / I I ! t E \ (--WETLANDS UNi WE TLANOs TRACT 8 11.02 ACRES ` I ROOD ZONE �x" (by EaorLl�etee) PORTION Or TRACT B ` M1IVI \ A'. _!I\ llOOO ZONE "x• I \ RE4sTER OF DEEDS \ FLOOD CERTIF)CATION -S R�10 THAT HITS AC+ Is AEI i" s 5' ADI COMWNRr ,TfA19-PAM+4 3,TA\mTOdl !TT>=n,vE NO.Jn,. ZOOS -- EXEMPT SUBDIVISION FOR -- STERLING FARMS WASTEWATER FACILITIES WHITE OAK TOWNSHIP ONSLOW COUNTY. NC SCALE: 1"=100' DECEMBER 17th, 2007 FB , PC WWTPmop.dwS/SHEET 5 GAIRY CANADY LAND SURVEYING P.O. BOX 915 RICHLANOS, NC Z6574 9103 RICHLANDS HIGHWAY (91O)324-4615 oir an ad rnoil.com 324-84 910 30 (FAX). CEMETERY LOT PG a5 TRACT 7 SPRAY nOD B OZ. 95' 9 r510 N1 ! `\ NEiLAV05 \ 7 / 91VA<R"1 t T wII n,B ` 1 r` w(TLANOS 7 NrP A' sr. INS I AS TEWATER gh 2r�, TREAThIENT �\ PLANT LOT �\ THLR MEVERTY IS N07 SUBACT M THE ONSL- COUNTY SUBDIMISIOH RE0.11 lT s -0 Is AN ORE`FT_ PER DNAON COIMtt SLMIU30N REO ! TWNS, sECT,GN 301IC) 'NE PUBLIC AC'.GUISRW BY PURCHA'_E OF ST s OF LAND FOR THE MOEMNG OR OPENING OF STREETS OR OTHER. PUBLIC '-si:S' WSL11W COUNTY - JBOIt',SON AG."ISTRow DATE TABLE WME BEAPoNG LENGTH Li SSA'] $Sj, 6. L3 p9Z3 9-W WE'IERHPUSER. CO. Do 26:1, PR T.a ZONE — .—CURI E TABLE CURVE LENGTH L, 23B.3$ RADIUS 6EAR!NG 3w.00 'T1, : "W O!MO 2316,1 Ci !6_07 cl 311.K 310.00 ,6.D4 9(VS.W Mla C, BC55 CS 92p1 72S.Do TI 31x333'w sO.aO BB•.'+0 79-�8 /\/ 4^ (CPnROL ? 1 rp PORTOv DF TRACT a 11Lt005 TP+E 'ACTT' P MB 62, G BS a ahvrIOM ZONE •X • 69 <0 NBfi'i31B"F 4 MS =Br �32'Y! CG+ eaV3TJi W iC1yE -RA•` -_. IMS WEnANDs ' 'T TRACT 2 ->< troop $R+[ 'wEIT ue SL Pc BS f,.IY.M 2U+Evim I a> ly I MORTON MORTN CAROLINA. DI,IRAW CO L_ SIG z� S ElEMENTARY ( SCHOOL I DB 2II3]. PG TO_• \ T I. RENEW PflCEFI OF MUun, CEF_ NAT UNE MAP OR PU ir.NS CEADFKARG. i5 AiT`J�D ufETS AIL s1A1VTORr REOIRREU.ENIS FOR RECOROWG �o oy_I I RENEW G co cAIE 0 EMBIT C M LOT 87 / 4OT / f �sP 51TE4�,'s� 1 t7 s q, OLD RD / LOT Be J LOT 112 ` LOT 115 00 Ro LOT 114 \ \ LOT 113 1;,, c� 4,��xsF Ma 54, Pc 180 OB 52. PC 85 10 , � \` VICINITY MAP NO SCALE 0 \ WETLANDS 3 6 \ \LOT 168 � r�D.9�Ac�1Es yr 1 ` TR I I q1 10,00 ACRES. . L )� wauwoS/ ` r / 1 (by caaNinota) ` -MB 52, PC 55. WETLANDS LINE TABLE ,G 12�X1 sb LINE BEARING LENGTH a. ` ' SHED GURYE ABLE ` � � ti j 20t4B' , CURVE LENGTH RADIU5 BEARING CHORD yti„ypE C48 Y2.01 50.00 16 VY'' "r 7Y.55 � �?'3TE� ,C2_E ay5oi \ / 12295, WETLANDS CEMETERY LOT L / US 52. PG 95 TRACT 7 I NB 52, PO 85f/ 150 0 150 300 SHEET 4 - TRACT 9, POND ASBUILT FLOOD CERTIFICATION LEGEND EIP--EXISTING IRON PIPE PP --POWER POLE MEL-MINIMUM 9UILOINC UNE THIS IS TO CERTIFY THAT THIS PROPERTY IS OB--DEED BOOK PG --PACE EPK--EXISTING PK NAIL ES --EXISTING IRON STAKE LOCATED IN FLOOD HAZARD ZONE "AE17" & Rny--RIGHT OF WAY MB--MAP BOOK NPK--NEW PK NAIL HIS --NEW IRON STAVE "X" PER COMMUNITY 37Q341, PANEL C/L--CENTERLINE CP--COMPUTED POINT R--RAOIUS ECM --EXISTING CONCRETE MONUMENT 3ZZ0530= EFFECTIVE NOV 3rd, 2005 -E- --OVERHEAD ELECTRIC LINE CONC--CONCRETE D & U. E--DRAINAGE AND UTILITY EASEMENT THIS IS TO CERTIFY THAT THIS MAP AND SURVEY FOR SURVEY WAS DONE IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND STERLING FARMS WASTEWATER TREATMENT PLANT SURVEYING IN NORTH CAROLINA, THE ERROR OF CLOSURE AS CALCULATED BY LOTI: N/A BLOCK: N/ A SECTION: N/A 1GAIRY CANARY SURVEYING LATITUDES AND DEPARTURES IS �10, / THIS SURVEY IS AN EXISTING PARCEL OF SUSDIVISON: STERLING FARMS, PHASE 1 ; PO BOX 915 LAND. 9103 RICHLANDS HIGHWAY COUNTY: ONSLOW TOWNSHIP: WHITE OAK RICHLANDS, NC 25574 GATE:12/17/07 SCALE;1"=150 FB , PC (910)324-4616 (1910))324-8430,FAX cAIRY I. PANADY PLS L-2904 FlLENAME: WWTPmop.dwg gairyconadyOgmcil.com 1 1 11 l 11 l 111 1 1 111 l llll 11 1 1 1 lil 1 1 llllf 1 1 11 l 11 l li 111 11 l l l l l l l 111 lil l l l l l 11 11 l{III Doc ID: 007500580018 Type: CRP Recorded: 01/11/2009 at 10:07:55 AM Fee Amt: $6.00 Page 1 of 18 Excise Tax: $0.00 Onslow County NO Rebec��c]]a L.QQPollard Rep. of Deeds EKG7V PG56-73. SECOND AMENDED AND RESTATED EFFLUENT EASEIVI]ENT AND UIRIGATION AGREEMENT RETURN TO: Clifford Law Firin, PLLC P.O. Box 37458 Raleigh, NC 27627 This SECOND AMENDED AND RESTATED EFFLUENT EASEMENT AND IRRIGAinto as ofthe dTIOo made and entere 2009, by OGDEN HIGHWAHWAYN AGREEMENT (the "Effluent Easement e LLC,sa North Carolina lim limited liability ( Ogden"), , and AQUA NORTH CAROLINA, INC., allorth Carolina corporation("Agda")• WITNESSETH: THAT WHEREAS, Ogden is the developer of a proposed development called Sterling Farms (as defined below); and WHEREAS, Ogden and Aqua have entered into the Acquisition Agreement (as defined below) ng Farms, whereby Aqua has acquired the WastewaterefaciiUtility as Sutility company regulated by tileystem (as defined below) gCommisssion (as with Aqua owning and operating the fact defined below) and DWQ (as defined below) for wastewater service; and WHEREAS, Aqua is a public utility company in the business of providing wastewater service to corrumunities such as Sterling Farms; and WHEREAS, Ogden and Aqua have entered into that certain Effluent Easement and Irrigation d recorded Easement ("Original Easement") dated October 15, 2007 anDeed Book t Easement and mPage 673, Onslow County Registry, North Carolina and that Amended and Restated Effluent Ea Irrigation Agreement ("First Amended Easement") datd aDa cdember 27, 2007 and recorded in Deed Book 2999, Page 682, Onslow County Registry, North Carol WHEREAS, Ogden and Aqua have agreed to make certain modifications to the Original Easement and the First Amended Easement have Easement and the First Amended Easementis Second Amened setnent, which shall completely replace in entirety theOriginal US2000 9258540.7 NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and dged, Ogden and Aqua intending to be legally bound, agree as sufficiency of which are hereby acknowle follows: 1. Definitions. 1.1 "Acquisition Agreement" shall mean that certain Amended and Restated Systems Agreementserving the the Installation, Conveyance, and s eOperation of h 2�7 2007ater nexe Wastewater ed by and between Ogden and Aqua, Sterling Farms Development,ation, Conveyance, ad which completely replaced in its entirety tAgreement grse serving the Sterling 1Fazms Development n dated ason of of the Water and Wastewater Utility Systems and A Aqua October 15, 2007, executed by and between Ogdenq 1.2 "Commission " shall mean the North Carolina Utilities Commission. 1.3 "DWQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.4 "Easement Areas" shall meenPermit (as defined below) and generally depict d onthe Spray Areas (as defined below) and ting he Locations (as defined below) identified intl map attached as Exhibit A. 1.5 "Easement Property" shall mean the property described on Exhibit A attached hereto. ation 1.6 "Effluent Easement Agreement"shall lifanylnthis Effluent Easement as the same may be amended from tune to Agreement, including all exhibits and schedules hereto time. 1.7 "Effluent Storage Pond" shall mean the 12.4 million gallon storage pond at Sterling Reuse Farms to be owned and operated by Aqua pursuant to the ttle 151tion Agreement in which VJWTP (as defined below), from Effluent (as defined below) will be stored after treatment a which the Reuse Effluent will then be pumped to be sprayed onto the Spray Areas. 1.8 "GPD" shall mean gallons per day. 1.9 "Ogden " shall mean Ogden, the developer_ of Sterling Farms. toring lls an surf ce water 1.10 "Monitoring Locatmntline1altot time on ean the gle Ease Went P ooundwater 1perty in ecomp lance awith the sampling points to be located fro requirements of the Permit. 1.11 "Permit" shall mean Permit No. WQ0029475 for the operation of the Wastew as same r Utility System (as defined below) and Spray Irrigation Facilities (as defined below) issued by DWQ, may be modified or renewed from time to time. 1.12 "Reuse Effluent Pumping Station" shall mean that certain pump house, pumps and controls to be located near the Effluent Storage Pond that shall be used to pump Reuse Effluent to and through the Spray Irrigation Facilities (defined below) at Sterling Farms. 1.13 "Spray Areas" shall mean those areas at Sterling Farms required for disposal of Reuse Effluent pursuant to the Permit. The Spray Areas are depicted in Exhibit B attached hereto. 2 Reuse 1.14 "Spray Irrigation Facilities" pump, sa. igat on and spray dfevices,irrigation conthe Reuse controls and other devices Effluent Pumping Station, pumps, boosterp P used in the application of Reuse Effluent from the Effluent Storage Pond upon the Spray Areas, whit Spray Irrigation Facilities shall be owned by Aqua 1.15 "Sterling Farms" shall mean the propel being ei level developed by Ogden, all knoly consist Sterlingwn as of Farms located on SR1423 in Onslow County, approximately 500 residential units and other recreation and amenity areas. 1.16 "Reuse Effluent" shall mean the wastewater that has been treated by Aqua to the point that it meets the effluent quality standards required by the Permit. 1.17 "Reuse Effluent Pumping Station" shall mean that certain pump house, pumps and controls to be located near the Effluent Storage d l at Sterling Farms. to pump Reuse Effluent to and through the Spray Irrigation Facilities (defined below) 1.18 "Wastewater Utility System" shall mean the WWTP, the collection system that delivers wastewater to the WWTP, the Spray Irrigation Facilities,t a Effldispouent Storthe age Po d, all lift stations, and other facilities used in the collection, treatment, holding andr. 1.19 "WWTP" shall mean the wastewater treatment plant located within Sterling Farms. 1.20 "WWTP Property" shall mean the property upon which the WWTP is located, as more particularly described in Exhibit C. L, Treatment and Storage. Aqua shall TPad common area and then wastewater the Reuse Effluentinto the Effluent facilities within Sterling Farms in tile Y Aqua to the standards established by DWQ in the Storage Pond. The Reuse Effluent shall be treated b Aq Permit. 3, Withdrawal and S ra Teri ation, Aqua shall be responsible for the operation, maintenance, uent Pumping of repair and replacement of the Reuse Efflping Station, operatorl including all recordkeep ng l aspects of the d ily operatioland the Spray Irrigation Facilities by a certified sprayirrigation reporting required by the Permit. Aqua shall have the right to enter the Spray Areas for the purposes of fulfilling its spray irrigation obligations hereunder. ator to spray the Reuse 4 Spraying Activities. Aqua shall cause irrigation alled pbe performed ray irrigation o in c e with DWQ Effluent onto the Spray Areas. The spray g requirements. 5. Maintenance 11-131 air and Re lacement of the S ra Irri ation Facilities. Aqua shall be ray ilities at Aqua's responsible for all aspects of the daily mainte Sa11ecessarce and 1etolreplace ar of the ny portiontof heion cSpray Irrigation sole cost. At such time in the future as it i Y Facilities, it shall be Aqua's sole responsibilito the Spray such Areas frton of puiposles Offiilfilli gaits maim tenan et Aqua's cost. Aqua shall have the right to enterP Y repair and replacement obligations hereunder. ing any I 6. Testing,_ and Ins :ectio�ls. Aqua lshaland associated be catedbiecordkeeping le for and reporting, lin act dance groundwater, surface water, and soil sampling, Aqua shall have the right, at any With the Permit. PurGuant to and in accordance with Section 9 below, l to inspect and review time and upon reasonable notice to Ogden, to enter the Easement Pro to ty and a soil borings and conduct any the operation and maintenance of the Spray Irrigation Facilities; (b) 3 conduct other tests required by the Permit; and (c) to perform groundwater and surface water monitoring within the Easement Areas as required the A ua'srtestingrding and inspectionhe lation activitieson the Easement maintenance of monitoring wells); provided, however, that() q Aqua shall use rty, and Property shall not interfere with toavoiddamage to the lu intended pray Irrigation sement eFacilit es( and the Easement commercially reasonable efforts Property. a malfunction of the '7. Service Inters tion. In the evenrc se deof r diligence pn completing thce interruptions caused bye necessary repairs and Wastewater Utility System, Aqua shall e xe restoring Reuse Effluent delivery to the Effluent Storage Pond. ei-it of service interruption by a malfunction of the Spray Irrigation Facilities,A Aqua shall exercise due diligence in completing the necessary repairs and restoring Reuse Effluent irrigation to the Spray Areas. g, Grant of Easement. orever, a 8.1 Ogden hereby grants and conveys to Aqua, itsor thesucce purposeof sprayors and assigns ing Reuse Effluent, non-exclusive easement appurtenant to the WWTP Prop ty, P operating the Spray Irrigation Facilities andother activities forthrelated is EffluenttheretoEasement 1ng �Agmeament nThs sampling of the Monitoring Locations, as m yis n th easement allows such spraying and relAreas, which rareres, as more located particularly described Property. ithTl Bright to Agreement, within the Easement A , wother spray and monitor pug suant to this easement her encumber the Easement Are st or engagof any e inrany activity therein, made therefore. Ogden shall not fur which would interfere with Aqua's or grant any other interest or privilege therein to any other party, enjoyment of its rights or fulfillment of its obligations created by this Effluent Easement Agreement. 8.2 Ogden further hereby grants -to Aqua, its successors and assigns forever, a perpetual n for exclusive easement appurtenant to the to and from the ETP Property em nt A eas and the Spray Ito the other portions of the rrigation gat on Facilities asement and ingress, egress, regress and access over, across, upon, and through the Easement Areas and the Spray Irrigation Facilities, as necessary or ng its ns under nt Aqua to enjoy the rights and to fulfill then testinglr� required byrtl e Permit,withoutpayment of�any fee or asement the performance of soil borings and o other charge being made therefore. Ogden and access granted hereby. a exercise of Aqua's right with Aqua's right of ingress, egress, regressaths, and other ways ingress, egress, regress and access, Aqua shall, where possible, use existing roads, p paths, or of travel to and from the Easement Areas. Aqua shall have no obligation to maintain such roads, other ways of travel, but shall exercise.ordinary care in its use of the same. Where roads, paths, or other ways of travel do not exist, Ogden shall make reasonable efforts to specify ways of travel for Aqua's use ions created by so as to permit Aqua to enjoy the terfepenceeAsuashaliftulselits beattefforts to onductsitsfuent activities sement n the Agreement without undue to q Easement Areas so as to avoid any unreasonable and adverse interference with the normal use of the Easement Property. on ties or io 9. No Pa rnents far Reuse Effluent, 11 nOperation of thp S ot be any paymentsrnow or atta y time in the futurebyOgden Releases of Easement Areas. T to Aqua for the Reuse Effluent thatntwill btl ere will not be any paym e sprayed on e Sprayrats by Aqua toreas. Aside roOgden price listed in the Acquisition Agreement, future for any aspect whatsoever o moieitornratooteSmag'�equired by the Permit, orenance, and repair of lfor SprayIrrigation Aqua Facilities, for the performance of any g the information required for the DWQnotbe any taym ntstent Areas by Aqua to Ogden or by Ogden because o Aqua to modifications to the Permit, there wil y P modify this Easement Agreement to reflect changes made to the Easement Areas in the Permit. 4 10. Reuse QUALITY LEVELSnIN THE REUSE EFFLUENT BEYOND THE REQUIREMENTS OF TH t Quality, AQUA SHALL NOT BE RESPONSIBLE FOR ACHIEVING WATER Q E SPRAY IRRIGATION PERMITS ISSUED BY DWQ. 11. Landscaping of S ra Areas. At its sole cost, Aqua shall be responsible for mowing and reasonable upkeep of the Spray Areas. However, should Ogden decide that it wishes to install landscaping within the Spray Areas; it may do so provided that the landscaping does not interfere with Aqua's use of the Spray Areas as required by the Permit and that Ogden shall be responsible for the landscaping and landscape maintenance at Ogden's sole cost. 12. Permit Violations. Aqua shall be responsible for addressing and resolving any enforcement action taken by DWQ against Aqua in response to any violation of the Permit. Notwithstanding the foregoing, to the extent that any act or omission by Ogden causes a violation of ffie Permit, Ogden shall be liable to Aqua for the costs of rernedying the violation and for any civil penalties assessed against Aqua as EC result thereof. 13. General Provisions. 13.1 Binding u on Successors and Assians. The conditions, restrictions and easements contained in this Effluent Easement Agreement are covenants running with the land; they are made by Aqua and Ogden for the benefit of themselves, their successors and assigns in title to all or part of the WWTP Property or the Easement Property. In addition, Ogden may assign its rights and delegate its duties under this Effluent Easement Agreement in whole or in part to a property owners association formed with respect to Sterling Farms. 13.2 No Third Pay Beneficiary Rights. Nothing expressed or referred to in this Effluent Easement Agreement will be construed to give any person other than the parties to this Effluent Easement_ Agreement any legal or equitable right, remedy or claim under or with respect to this Effluent Easement Agreement or any provision of this Effluent Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 13.1 above. 13.3 Inde endent Contractor. The parties hereto are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Effluent Easement Agreement to create an agency, partnership, or joint venture between the parties hereto. 13.4 Counterparts. This Effluent Easement Agreement may be executed in one or more counterpart signature pages (including facsimile counterpart signature pages), each of which will be deemed to be an original of this Effluent Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same instrument. 13.5 Headiness. The headings of particular provisions of this Effluent Easement Agreement are inserted for convenience only and shall not be construed as a part of this Effluent Easement Agreement or serve as a limitation or expansion on the scope of any term or provision of this Effluent Easement Agreement. 13.6 Enforcement of Agreement. Each party acknowledges and agrees that the other party would be irreparably darnaged if any of the provisions of this Effluent Easement Agreement are not performed in accordance with their specific terms and that any breach of this Effluent Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any other right or remedy to which a party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Effluent Easement Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Effluent Easement Agreement, without posting any bond or other undertaking. 13.7 Notices. All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by United States first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile, in each case addressed to the address or facsimile number indicated on the signature pages to this Effluent Easement Agreement (or at such other address or facsimile number as such party or permitted assignee shall have furnished to the other parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery, mailing, or facsimile transmission. 13.8 Waiver. No waivers of, or exceptions to, any term, condition or provision of this Effluent Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision. 13.9 Entire Agg•eement. This wr1eingrties n11he eto documents tlrerereferred areo no herein otheembody agreementsentire or agreement and understanding between tl pa understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 13.10 Modifications in Writing. This Effluent Easement Agreement shall not be modified, amended, or changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Effluent Easement Agreement in any other way. 'Any such modifications shall be subject to DWQ's approval. 13.11 Consent to Jurisdiction. The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Effluent Easement Agreement and any controversies arising out of, relating to, or referring to this Effluent Easement Agreement, the formation of th-is Effluent Easement Agreement, and actions undertaken by the parties hereto as a result of this Effluent Easement Agreement, whether such controversies sound in tort law, contract law or otherwise. Each of the parties hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available. 13.12 Governing Law. This Effluent Easement Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules. 13.13 Recordation Duration. Upon closing of the transactions contemplated by the Acquisition Agreement, Aqua shall record this Effluent Easement Agreement in the Register of Deeds of Onslow County, North Carolina at Aqua's expense. The provisions of this Effluent Easement Agreement will run with and bind title to the WWTP Properly and the Easement Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or the Easement Property, and will be and remain in effect until such time as a document terminating this Effluent Easement Agreement is signed by all of the owners of the WWTP Property and the Easement Property and recorded in the public land records of Onslow County. 13.14 Ret�uired Amendments. In the event that the Permit is modified, amended or expanded at any time to permit additional or different land to be used for spray irrigation of Reuse Effluent, the parties hereto shall execute and record an amendment to this Effluent Easement Agreement reflecting any such change in the Easement Areas defined hereunder. 0 [Signature Page to Amended and Restated Effluent Easement and Irrigation Agreement] IN WITNESS WHEREOF, the parties have caused this Effluent Easement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written. OGDEN HIGHWAY, LLC ��-�-`- D By: Richard D. Swe er, mber/Manager Address: 1630 Military Cutoff oad Suite 100 Wilmington, NC 28403 L,y . Address: CAROLINA, INC. Thompej. Roberts, Yresiuent 202 acKenan Court Cary, NC 27511 Attn: President Fax: (919) 460-1788 STATE OF I\�Yl G1rb L COUNTY OF K Pw 14 ario I, the undersigned, a Notary Public of the County and State aforesaid, certify that kchafd D. SW �_ whose identity has been proven by satisfactory evidence, sai evidence being: I have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); who is the l rrMona - of OGDEN HIGHWAY, LLC, a North Carolina limited liability � c company, personally appeared before me this day and acknowledged that (s)he is�rY►lpeF of OGDEN HIGHWAY, LLC and that as hAprftb& jN"VA(- being duly authorized to dos , voluntarily executed the foregoing instrument on behalf oT said cothpany for the purposes stated therein. Witness my hand and official stamp or seal this I in day of & 5 , 2009. Notary Public Print Name: Bc:e%nt l� My Commission Expires: : AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE ft*M.'6ay Pubuc STATE OF ILS COUNTY OF �vyiadence �said drsigned, Notary Public of the County and State aforesaid, certify that �, whose identity has been proven by satisfactory vidence being: [ identity of the principal(s) I have personal knowledge of the [� I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a — — -- — — --- [] A credible witness has sworn to the identity of the principal(ssresident of AQUA NORTH ie personally came before me this day and aclalowledged that she isbeing zed to CA.ROLINA, INC., a North Carolina corporate�1alf of the con, and b/she, in such i'poratio 1 for th a put -pose. fated therein sand in do so, voluntarily executed the foregoing on b the capacity indicated. � day of _ . 2009- Witness my hand and official stamp or seal this Y Notary Public Print Name: � �y V My Commission Expires: [AFFIC NOTARY SEAL BELOW NOTE THAT SEAL MUST BE JBILY LEGIBLE] PUM 1 9 EXI� Easement Areas IN .im TRACT 3 GRUN AREA TRACT 4 GREEN AREA — TRACT 5 — GREEN AREA TRACT 6 — SPRAY FIELD TRACT 7 — SPRAY FIELD TRACT B — GREEN AREA TRACT 9 — HOLDING POND SOURCE OF TITI-E FOR ALL 85ACTS SHO�VN is his S2, P. UNLESS OTHERME NOTE A Toaa D t000 2000 SHEET 1 — OVERVIEW Po 1P NG SCALE FLOOD cERi1FlCA nDN LEGEND - EGEND QP--pNSTINO I;= PIPE PP --POD P UoL—wHWuu HUWBO UHE FPH—oo nNo P9 IIAIL F7 NM9 „1EW IRON STME TH15 IS TO CERTIFY THAT THIS PROPERTY 15 W FLOOD HA2AAD ZONE 'A<17' DEI—D= UNIX CtL-cmTF OF U"L AYQ pa —PAGE _ HPK--HEw PH HNL ES—.EpUP11,fFD PNWT R^—SM55 Etl7--vQSTI4c cIHC9ElE uUH9uF11r e� Ucuc+I�cajjcoM D do U E--URAINALE A71N UUU:Y iA5EUEI1T LOCATED 'X' PER COMMUNITY EFFEC MNW, 3rd� NOS —E— —I rY FiHEtI —^_ Ec1Wc uI THIS IS TO GEHIIFY THAT THIS MAP AND Wins SURVEY FOR TREATMENT PLANT SURVEY WAS DONE IN ACCORDANCE THE STANDARDS OF PRACTICE tDR IAl10 STERLING FARMS -WASTEWATER ADY SLIRVEYI C SURVEYING IN NORTH CARGUM THE OF CLOSURE AS CALCULATED BY LOTII N/A OLOCK: N/A 5ECT1DNt N/A PolRBOX 915 ERROR LATTTUOES AND DEPARTURES IS IeID�OOpf, IS AN p(ISt1NG PARCEL DF SU6DIV150N: RUNG9103 RICHLANDS HIGHWAY 14N1TE NO 26574 THIS SURVEY LAND• OAK RIMANDS, ONS<oSW COUNTY: 91D 324-4—a16 DATru12/17/07 SCALE:I-.1000' F6 PG �910)324-8430 FAX _ _ FlLEtdAME: y�ylFmop.dwg golrycnnadym9mull,cOm GAFTY I. CAHADY PLS L-2904 EXHIBIT B Soray Areas CQ ONRY L GUTADY. CER16Y MAT TINS PUT WAS ORA'NI UNDER uT TEED DC.O�IICN pEDMpFD M BDOR SSEE PADCFR9EL E TMA�TM dIN0A1KF5 NDT '-URLEI'ED ARE aF/IRLY WdCAiED AS DRAWN IRON IiDRYADIY! AS NOTED: 7NAT 7HC RADD Cf PRCOSIDN A9 CALNU'fC0 S I:10,DOM: 7NAT 1NK SIIRYET IS d" µ a05NIC BAR P N r,wl, N A EWIITT 7NA1 NAS µ pIdUANUR� Ill AQORDANCE MUN AND AND IHAi lw5 YAP WAS PRCP 1)-JD AS AuENDEO. wDl65 YY ppIpNAL SIDIlATlRE. REOSiPADn! IIPIDaI M9 SEAL DNS LLN OAY DF p[�N1dE19. 701A .' 4 fL'n4 74 Y L , vIs L-7poL. PLs L-7po1 •.SPY ff ITLI -E Up - DoRmcATED VAL PN'E Ep - GLWUICD PdNT NP - 8GARD p,ASRC PIPC W - DEED [D Dd:R FB - EIECTPoCN. DOE ECY - E.Sn" .p ,E S 4QVUYEl E- E1 5NlG"WGIDPIPE CdlCNETC utw EON E[%S4C1 gAA'DSiuLE EPK - E'6'IIC PN EL E'AIP - ENSNIG WTNESS IAdI PIPE Ew5 - EYSDNG YAINESS IRpI STAKE UR - Yd1170RIN0 r2lL NIP - IIEW IRdI PN•C NK - IlEW DiON STAKE NYNYAD NAIL I_ - NEW PK NNL NWP -NEW 51DICSS IRON PIPE NWS - NEW WNlIC55 Ndl STAKE PC - PAGE PP -POWER POU PCP - RRIEDRCED EIy1ERETE PPE R/W - RWTT K WAY - IP - TaFPHDIIC PEDESTAL W11 - WATER YEW _E- - OK71NCA0 FELC/NIC UUE 1InACCIIS A k 7 ARE SPRATnaD EASU%"l AND ARE RECORDED IN Y9 ST. PC 05 PLaop DERnnuna+ TWL 6 f0 QNlIIY�PEPpITf a iIPwTP w Iu1PP NwR�>;wl[.,;Eur tiew 'Nc�ia yap' iom -- WASTEWATER SYSTEM ASBUILT FOR -- STERLING FARMS WHITE OAK TOWNSHIP ONSLOW COUNTY, NC SCALE: T =200' DECEMBER 171h. 2007 FB . PG WWTPmap.dwg GA." CANADY LANDHSUR NE zI� RICNG 574 P.O. BOX 915 9103 RICHLALANDS HIGHWAY 910 i324-4h16an JCCYT ,n •% I, TRACT 9 1 \ , 1 1 1 IAACT 0 L p 700 •W =a0 0.1 fpair anal matl.com t71u — WWTp Pro e 12 EXHIBIT C r 50 0 50 100 J`'�a ~° eh � rcf SITE y +� DLD D RD \\ G F TSB TRACT 8 , \ VICINITY MAP NO SCALE 11.82 ACRES (by coordinates) $ PORTION OF TRACT 8 \ MB 52, PG 85 \ n \ fr1� FLOOD LINE _ 48° NIS E \ NIS N82'Ob' \ 71�1 j_---WETLANDS LINE �CPs NIS 6+ 101D r sp, + It 38.T \ 'r 5 ANVL TNy u + \ x 56 5, �1 De NIS x PUMP .1VO,SIDED v STO1 V w > K J Mp5ONau1LA1�G 1t`( Sx a)` £ �1 1.24 ACRES 1 iN 1rn (by coordinates) t 4 PORTION OF TRACT 8 MB. 52, PG 85 x Y. J 8 Cµgoo'I ^ x �! r NIS ! / 9393 A NIS _ MORTON ELEMENTARY SCHOOL DB 2633, PG 705 SHEET 3 - WASTEWATER PLANT ASBUILT FLOOD CERTIFICATION LEGEND ap_-E:DSTING IRON PIPE PP--PO%ER PULE IABL-MINMU�I BUILDING LINE EPR--EXISTING Py, NAIL EIS IRON STAKE THIS IS TO CERTIFY THAT THIS PROPERTY IS FLOOD HAZARD ZONE 'X' PER 09__DEED Book PC --PAGE NIS--NEW HPK--NEW PK NAIL NIS--NEW IRON STAKE R/W--RIGHT OF WAY MB--NAP BOOK __ coNCRETE MPUTt NAGECANO LOCATED IN COMMUNITY 37o3 0, PANEL z7205 01 I NOVEMBER 3rd, 2005 �PCOIH I�RL�-RADIOsdt U. E� DRA U11UTY EASEMENT �E-cENTZR EAO ELECTRIC UNC. EFFECTIVE THIS IS TO CERTIFY THAT THIS MAP AND SURVEY WAS DONE IN ACCORDANCE WITH _ _ _ SURVEY FOR STERLING FARMS WASTEWATER TREATMENT PLAN THE STANDARDS Or PRACTICE FOR LAND SURVEflNO IN NORTH CAROUNA, THE ERROR OF CLOSURE AS CALCULATED BY LOTy: N/A BLOCK: IV/A SECTION: N/A GAiRY CANADY SURVEYING LATITUDES AND DEPARTURES IS 1-io 009 THIS SURVEY IS AN EXISTING PARCEL OF SUBDIMSON: STERLING FARMS, PHASE 1 PO BOX 91b 9103 RICHLANDS HIGHWAY LAND. COUNTY: ONSLOW TOWNSHIP: _ V?HITE OAK RICHLANDS, NC 26574 910 324-4616 DATE:12/17/07 SCALE: 1"=50' Fs PG �910;324-5430 FAX J FILENAME: 1,y1VTpmop.dwg 9ciryconady0gmoil,com .All I. CANADY PLS L^290a EXHIBIT C � n l � r 1 1 L100 I b 1 I 1 LINE GEARING E LENGTH L100 8324'38'W SO.OD• U/ L382 634'SD'S5'E 56. B' / ^ 1. 53 534, S' .2 ' .. L384 N5 D' .OD' L, L3a5' SaCIE'S 50.00' TRACT 7 MB 52, PG 85 / Jo•� � � r �•,� DLO 30 Ra L TRACT 8 11.82 ACRES (by coordinates) VICINITY MAP NO SCALE PORTION OF TRACT 8 MB 52, PG 85 FLOOD LINE NIS NO2'04,�� NIl �e_._.rWETLANDS LINE 'I 71A i_ \ j I9 tea, s� WETLANDS WASTEWATER TREATMENT ` PLANT LOT 1.24 ACRES NIS (by coordinates) \ PORTION OF TRACT 8 `D MB52,PG85 �n1 'CONTROL CORNER) (CONTROL 14131 32�E - I CORNER) 17165' 1 ECM / MORTON r I.1 o iv ELEMENTARY SCHOOL II c 2 OB 2633, PG 705 N t1 L385 CURY T6BLE CURvE LENGTH RADIUS BEARING I CHORD 1 I 1 (III 238.55 340.00 NIA 4.56 . C117 557.75 585.D0 53E87 5367 1 I 1 Clla 555.96 535.00 H23�0'S2'E 1 C719 204.C•1 290.00 N1 2B'OB'W' I09.8:1 4G.07 ]40.Q0 It47']]'�0' i6.G4 C12a C121 85.67 z9n.oa 1F55 85.36 I' I 100 0 100 200 � I L) 2- WASTEWATER PLANT LOT 1 I 1 c Ix SHEET N FLOOD C7"TH LEGEND OP--EXSMNC IRON PIPE PP--PaNER POLE MBL-MIMMUM BUILDING UNE EPK--DaSMHG PK NAIL EIS--EK(STNO IRON STAKE THIS IS TO CERTIFYOPERTY IS 'AE17' 08__prED BOOK PG --PACE MB—MAPBOOKNPK--HEW PK NAIL 1415--NEW IRON STAKE LOCATEDINFLOOD & 'X'PERCOMMUNITEL R/W--RIGHT tk- WAY C/L--CENTERLINE CP--COMPVTED POINT R--RADN$ EW--E%1STIIO CONCRETE MONUMEI(T a k U. E--ORA NACE AND UTILITY EASEMENT EFPE, 2005 -E- --OVERHEAD ELECTRIC UNE CONC--CONCRETE THIS IS TO CERTIFY THAT THIS MAP AND SURVEY WAS DONE IN ACCORDANCE WITH SURVEY FOR WASTEWATER TREATMENT PLANT THE STANDARDS OF PRACTICE FOR LAND STERLING FARMS S@RN NG IN NORTH CAROUNA THE ERFIDR OF CLOSURE AS CALCULATED 13Y N/A BLOCK: N/A SECTION: N/A DAIRY CANADY SURVEYIN( 1 LOTR: PO BOX, 915 THIS SURVEf�SDAN EXISTINGEPARTURESIPARCEL�LRoF SUBWASON: STERLING FARMS, PHASE 1 9103 RICHLANDS HIGHWAY LAND. COUNTY: ONSLOW TOWNSHIP: WHITE OAK RICHLANDS, NC 28574 (91 O)324-4516 DATE:12/17/07 SCALE 1°=100' r , PG (910)324-8430 FAX ai canod ® mail.com FILENAME: WWTPmap.dwg 9 rY Y 9 GAIRY 1. CANADY PL5 L-2904 Gma, L CANAOY- CEn1VY INAi TPS NAf Mws OflwRR VNOM uT SUPCnN311IN /IIOT nN AGNwt ]VnRCT NwOc VnOEN YY SYI'nIn9W IDEm GESCrII•RGN RCCOrOED RIG PAGE [V(} 0.A, E tlOUIIOAR+ES NDI SURVE�EO ARC.QENILY m R:O AS DRAM! FAW IxidTYATdI As NORM: THAT ME RAW Oi PRE09M AS CALa1LA"D Is N1mm -: Trwt TRS 3NYET 0 ARS A vuOG Apan Or LAND IN A POROOn OC w GQIIIIY TUT IIAS u, Oxnall"Ir MAIWA R[GVLwlES PARCNM LS qy 0 S AIUIENGEO.T" RIE S NTSOnOInµ 96,w1tIIlE 0u2T uroSMAnd1 IWUOER MD SOL VIM lice (PAY or DEEMM 7007 GAIr l CwNAPf- I'IS L-TFD.1'IS L-T9D. LEMID C/t - CENIERWE V• • CALCULAICC —.1 00 - OCE'D COOK cc. _ Ensruc G Cncrc YnxuNWT CAd - M3lDIG W MESS CONCRETE u0N Op - UOs>ING PTW PPE E* - CusTNG .., STAKE E_ _ ER5Tn+0 vAc IIAR. EPx - Ewsyu 9 Pa NA; CARP - CGSTNG WTICis nw PIPE Ews - EOSTOG'ilam NON sru+c UA - umlomNO Ru NCW in. PIPE S - NET, n0, STME Ilull -'Kw NAG NAR NPK - C. Pa "Ail. N.p _ NEW M41F.SS IRON PPE 1-3 - N0Y W"cz NRIN st"t PG -PAGE n/w _ RIGN1 OF wAi 1100NSTONE COURT (SD' PRIVATE 11 W) LOT 113 I.9 SL PG as KRAxGS , \ 7,- 1 s• 4 1 1 + 1 L _ I I LOT 115 ` \ ` LOT 172 COTrsfi / / ` \ `/ \ Mhwlms ` ~ � Tr 1` a LOT 114 \ LOT PG lee \ ! FLOW RyRI -CRT• Lpr` / ` LOT 171 T� \ nml Tart 7 LOT 17D T \ LOT 1 u0 �L PG 0] I �t ' iL000 iO4C 'AEIr` /" - ` -�•— I /"' / LOT 16R ! _1 NO SL nG US ! AEIIAInIS /� n"m TOR[ -Anr III I:�.yA• �; •t� � rlOeD :GNC 'Ant' 1 I �PY o L ,.1 I \ a , f w t 1 • / I ! a { { ~ � tl--oET1AIIDs uIa rEnums � 1 1 TRACT a 11.02 ACRES ' I rtooa Id.E ': I A PO,LaI OF InAGT a as 1 ROOD weRz7'sT•NI 1 nEasTEn n WJEDS - \ u WD aTFlG11 i.s W co1MY nw n.a 1R mP o Pu+m .R nwe In�rr,PR 10-c -Aur . Y- Pad CEO TYRIP.mLTi r�'Dw 1.a�ioa] EXEMPT SUBDIVISION FOR -- STERLING FARMS WASTEWATER FACILITIES 11Ai1TE OAK TOWNSHIP ONSLOW COUNTY. NC SCALE: 1'=100' DECEMBER 171h. 20U7 ra :__PG WWTPmap.dwg/SHEET 5 GAIRY CANADY LAND SURVEYING P.D. BOX 915 RICHLANOS, NC 28574 9103 RICHLANDS HIGHWAY (910}32A-4616 0l7 r. c�nnad ,ri Gll.tom 9T0 324-8430 FAX 1 C.. SL Y LOT SL PG as TRACT 7 S.0 Final O St PG OAS PROPER" IS NOT S ACT 01 THE RISLOr COUNTY SUDOPA9p1 RECU AT1015 AND IS AN CYEYPTO, PIN WAOr CGYTRY SUGUINSIO/ 1IEUAATOnS, sWaom 301(C) TIC PRD11C ACOASIMl 01 P-CRASC Or S RPS OF VIP,T ran TIE waDmc. fM MRPIC Or SIRCCTS UR On1ER ONS.Ow CON1nSUGOUSW wNnOSTRA,OR GATE IGO D IW ]m zS j1 �n I 3 y�,y. J"spa WASTEWATER TREATMENT PLANT LOT \� 5Ca PSI LUH tAOI[ uAt DLTIAI,G 1ENcnl t1 A- - LT nO YN S3' WEYERHAUSER CO. Do 7m IN: NO TTNC '"n CV0 c 14O E RI111C 17.5 ROffl.—� OIPIV CV 17OSs ]10.=,V Q Aa.G! Smo' C] I%Aa 303.aaa]]CA e0.35 771O3.3cA T7.DI .Ttl:sa (Or SnMU41.1..) g r P\ �YldsZ PG OS A a v, (LOGO TWE -.or u t (CONTROL " a ,L Ito e ROD TONG -F- y •' I \COVIEiI Tl] 6Y ' Jam• ! N047YIU-[ R H! MS Sala=ll 11 cc` � ,70RC •R_ (cdnRa. sailysT'W � da: •�-� .� _ H \ } CARIIOI) 1T1.fi5 EOA Sai 3�j2� IDSOEhAn05 ~ TRACT 2 /1RGG 10R �1' ! rl OUD TWE -AC1>- 1 Nn az PG D] cc MORTON ' an GANnUNA. a.-% I cGV,rt Q,c 1 - ELEMENTARY SMENTA EY:EN OrnCEn Tr COUNTY, DO 7E]3- PG IP CCR n1Y THAI ME NAP OR PLAT nas CL,Rncannx Is ATYCO uQ13 ALL SIAIYTGIIY U a I 1 REDIRENEN1s rD11 REMRDNC .ME EXHIBIT C IldF LOT 67 / t�rr 10Kr . ` tot SITE 5 r `d' rr + DLA 0 RO � LOT 89 / LOT 112 _ LOT 115 LOT 11+Ct60 \ \ /// L07 113 ";, c'a �•1J'Ur ua 54. P\ �`{9 / UB 52. PG 85 $� / \ VICINITY MAP NO SCALE > k,,,� WETLANDS\ f \ \ LOT 163 ... ro.S ACRES \ \ \ \ . %I l •---- t'P JA ` p .10.0E ACRES. 1 (by e,, ahat��) . . . . Jr 4 . . . . . .MB 52. PC as-.' V� lt (' .... - POND — • l�� 1 1` P� —\\ i .. / 1 l` I N I l .'.' re,w+Cs l�'v .'.'.'.'.'.'.'.'.' LINE TABLE 12•xi6• LW'e BEARING LENGM L79 ND ZY �W dB.53' \ � S. ' ` SHED LURIF TABLE \ ¢01.9• I '�— 5' •6 CURVE tENG1H RAONSI BEARING ICHDRD 58417:57183--� WETLANDS e�p5qu / C4B 92.01 50.00 9.18� 9•56 6]� I CEIAETERY LOT us Sz PC 85 / TRACT 7 ua SL PC 85 150 0 ISO 300 SHEET 4 — TRACT 9. POND ASBUILT FLOOD CERTIFICATION LEGEND BP--EMSTIND IRDN PIPE PP --POKER POLE UBL—MINIMUM BUILDING LINE THIS IS TO CERTIFY THAT THIS PROPERTY IS OB--DEED BOOK PG --PAGE EPK—EXISTING PK MAL I3S--E)CSTINC IRON STAKE LOCATED IN FLOOD HAZARD ZONE "AE17� k R/W--RIGHT OF WAY MB--MAP BOOK NPK--NEW PK NAIL HIS --NEW IRON STAKE -X- PER COMMUNITY j7O340, PANEL C/L--CENTEAUNE CP^COMPUTED `POINT R--RADIUS ECM--EXls'DND CONCRETE MONUMENT n0530700.1 EFFECTIVE NOV 3rd, 2005 —E—--OVriRHEAO ELECTRIC LINE CONC--CONCRETE 0 & U. E--DRAINAGE AND UTILITY EASEMENT THIS IS TO CERTIFY THAT THIS 4AAP AND SURVEY FOR SURVEY WAS DONE IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND STERLING FARMS WASTEWATER TREATMENT PLAN SURVEYING IN NORTH CAROLINA. THE ERROR OF CLOSURE AS CALCULATED BY LOT • N/A BLOCK: N/A SECTION: N/A GAIRY CANARY SURVEYINC THIS SURVEY AND SDAN DEPARTURES 1 PARCE�L�OF / SUBDI%9SON: STERLING FARMS, PHASE 1 91030RICHILANDS HIGHWAY LAND. COUNTY: ONSLOW TOWNSHIP: WHITE OAK �qcHILANOS, NC 28574 91O)324-4616DATE-12/17/07 SCALE: 1"=150• FB , PG 10 324—B430 fAX CA1RY I. CANARY PLS L-290d FILENAME: WVRPmap.dwg 0irycanody®gmoil,com Doc ID: Recorded: 01%03/1008 atj02:21:32 PM Fee Amt: $101.00 Page 1 of 30 Excise Tax: $0 00 Onslow County, MC Maryland K. Washington Rea. of Deed€ BK2999P(1643-672 AMENDED AND RESTATED GREEN SPACE EASEMENT AGREEMENT RETURN TO: Prepared by and Return to: Clifford Law Firm, PLLC P.O. Box 37458 Raleigh, NC 27627 This AMENDED AND RESTATED GREEN SPAC EASEMENT AGREEMENT (the "Easement Agreement") is made and entered into as of the 27day of 2007, by OGDEN HIGHWAY, LLC, a North Carolina limited liability company ("Ogden"), and AQUA NORTI-1 CAROLINA, INC., a North Carolina corporation ("Aqua"). WITNESSETH: THAT WHEREAS, Ogden is the developer of a proposed development called Ogden (defined below as the "Sterling Farms Development"); and WHEREAS, Ogden and Aqua have entered into the Acquisition Agreement (defined below) pursuant to which, among other things, Aqua will acquire the Wastewater Utility System Assets (defined below) serving the Sterling Farms Development, with Aqua owning and operating such system as a utility company regulated by the Comn-iission (defined below) and DWQ (defined below) for wastewater service; and WHEREAS, Aqua is a public utility company in the business of providing wastewater service to communities such as the Sterling Farms Development; and WHEREAS, Ogden and Aqua have entered into that certain Green Space Easement ("Original Easement") dated October 15, 2007 and recorded in Deed BookQqll C, Page CL 3Ce Onslow County Registry, North Carolina; and WHEREAS, Ogden and Aqua have agreed to make certain modifications to the Original Easement and have agreed to execute this Restated Easement, which shall completely replace in its entirety the Original Easement. NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Ogden and Aqua intending to be legally bound, agree as follows: Definitions. 1.1 "Acquisition Agreement" shall mean that certain Amended and Restated Agreement for the Installation, Conveyance, and Operation of the Water and Wastewater Utility Systems serving the Sterling Farms Development, dated as of December 27, 2007, executed by and between Ogden and Aqua, which completely replaced in its entirety the Agreement for the Installation, Conveyance, and Operation of the Water and Wastewater Utility Systems serving the Sterling Farms Development, dated as of October 1.5, 2007, executed by and between Ogden and Aqua. 1.2 "Commission" shall mean the North Carolina Utilities Commission. 1.3 "DVVQ" shall mean the Division of Water Quality of the North Carolina Department of Environment and Natural Resources. 1.4 "Easement Agreement" shall mean this Amended and Restated Green Space Easement Agreement, including all exhibits and schedules hereto, if any, as the same may be amended from time to time. 1.5 "Effluent Storage Pond" shall mean the 12A mullion gallon storage pond being constructed at Sterling Farms in which the Reuse Effluent (defined below) is to be stored after treatment at the WWTP (defined below) and from which the Reuse Effluent is then pumped to be sprayed on the Spray Areas (defined below). 1.6 "Green Space Areas" shall mean the areas shown on Exhibit B attached hereto. 1.7 "GAD" means gallons per day. 1.8 "Non -Discharge Permit" shall mean the permit for the construction and operation of the Wastewater Utility System (defined below) issued by DWQ as Permit No. WQ0029475, including all modifications thereto. 1.9 "Reuse Effluent" shall mean the wastewater that has been treated to the point that it meets the quality standards required by the Non -Discharge Permit. 1.10 "Reuse Effluent Pumping Station" shall mean that certain pump house, pumps and controls to be located near the Effluent Storage Pond that shall be used to pump Reuse Effluent to and through the Spray Irrigation Facilities (defined below) at Sterling Farms. 1.11 "Spray Areas" shall mean those areas at Sterling Farms required for disposal of Reuse Effluent pursuant to the Permit. 1.12 "Spray Irrigation Facilities" shall mean all Reuse Effluent irrigation lines, the Reuse Effluent Pumping Station, pumps, booster pumps, irrigation and spray devices, controls and other devices used in the application of Reuse Effluent from the Effluent Storage Pond upon the Spray Areas. 2 1.13 "Sterling Farrns Development" shall mean the property to be developed by Ogden, known as Ogden and located along North Carolina SR1423 (Old 30 Road) in Onslow County, North Carolina, which will consist of approximately 500 residential units depicted on Exhibit A attached hereto. 1,14 "Treated Effluent" shall mean the wastewater that has been treated to the point that, it meets the quality standards required by the Non -Discharge Permit. 1.15 1VWTP" shall mean the 186,000 GPD wastewater treatment plant to be located within the Sterling Farms Development. 1.16 "WWTP Property" shall mean the properties upon which the WWTP and Effluent Storage Pond are located, as more particularly described in Exhibit C. 2 Grant of Easement for Green Space and Irrigation. Ogden hereby grants and conveys to Aqua, its successors and assigns forever, a perpetual non-exclusive easement, appurtenant to the WWTP Property, to the Green Space Areas for the purpose of meeting Aqua's obligation under the Non -Discharge Permit and Title 15A, Chapter 02H, Section .0404(g)(7) of the North Carolina Administrative Code to maintain an area suitable for spray irrigation of Treated Effluent in the event of a failure of the Spray Areas or Spray Irrigation Facilities. The obligation of Ogden to maintain the Green Space in accordance with the Non -discharge Permit and Title 15A, Chapter 02H, Section .0404(g)(7) of the North Carolina Administrative Code pursuant to this Easement Agreement is given without payment of any fee or other charge being made therefore. Ogden shall not further encumber the Green Space Areas, or engage in any activity therein, or grant any other interest or privilege therein to any other party, which would interfere with Aqua's enjoyment of its rights or fulfillment of its obligations created by this Easement Agreement, 3. General Provisions. 3.1 Bindingr upon Successors and Assigns. The conditions, restrictions and easements contained in this Easement Agreement are covenants running with the land; they are made by Aqua and Ogden for the benefit of themselves, their successors and assigns in title to all or part of the A'WTP Property or the Homeowners Association Property. In addition, Ogden may assign its rights and delegate its duties under this Easement Agreement in whole or in part to the Homeowners Association. 3,2 No Third Party Beneficiary Rights, Nothing expressed or referred to in this Easement Agreement will be construed to give any person other than the parties to this Easement Agreement any legal or equitable right, remedy or claim under or with respect to this Easement Agreement or any provision of this Easement Agreement, except such rights as shall inure to a successor or permitted assignee pursuant to Section 5.1 above. 3.3 IndeRendent Contractor. The parties hereto are and shall be independent contractors to one another, mid nothing herein shall be deemed to cause this Easement Agreement to create an agency, partnership, or joint venture between the parties hereto. 3.4 Counterrarts. This Easement Agreement may be executed in one or more counterpart signature pages, each of which (including counterpart signature pages transmitted by facsimile or other electronic means) will be deemed to be an original copy of this Easement Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. 3.5 Headins. The headings of particular provisions of this Easement Agreement are inserted for convenience only and shall not be construed as a part of this Easement Agreement or serve as a limitation or expansion on the scope of any term or provision of this Easement Agreement. 3.6 Enforcement of Agreement, Each party acknowledges and agrees that the other party would be irreparably damaged if any of the provisions of this Easement Agreement are not performed in accordance with their specific terms and that any breach of this Easement Agreement by a party could not be adequately compensated in all cases by monetary damages alone, Accordingly, in addition to any other right or remedy to which a party may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Easement Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent any breach or threatened breach of any of the provisions of this Easement Agreement, without posting any bond or other undertaking. 3.7 Notices, All notices and other communications required or permitted hereunder shall be in writing and shall be sent either (i) personally by hand delivery, (ii) by United States first-class mail, postage prepaid, (iii) by hand or nationally recognized overnight courier, or (iv) by facsimile addressed to the address or facsimile number indicated on the signature pages to this Easement Agreement (or at such other address or facsimile number as such party or permitted assignee shall have furnished to the other parties hereto in writing). All such notices and other written communications shall be effective on the date of delivery, mailing, or facsimile transmission. 3.8 Waiver, No waivers of, or exceptions to, any term, condition or provision of this Easement Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision. 3.9 Entire Agreement. This writing and the documents referred to herein embody the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 3.10 Modifications in Writing- This Easement Agreement shall not be modified, amended, or changed in any respect except in writing, duly signed by the parties hereto, and each party hereby waives any right to amend this Easement Agreement in any othex way. 3.11 Consent to Jurisdiction. The parties hereto agree that the state and federal courts of North Carolina shall have exclusive jurisdiction over this Easement Agreement and any controversies arising out of, relating to, or referring to this Easement Agreement, the formation of this Easement Agreement, and actions undertaken by the parties hereto as a result of this Easement Agreement, whether such controversies sound in tort law, contract law or otherwise. Each of the parties hereto expressly and irrevocably consents to the personal jurisdiction of such state and federal courts, agrees to accept service of process by mail, and expressly waives any jurisdictional or venue defenses otherwise available.. 3.12 Governing Law, This Easement Agreement shall be governed by the internal substantive laws of the State of North Carolina, without regard to such state's conflict of law or choice of law rules. 3.13 Recordation,• Duration. Upon closing of the transactions contemplated by the Acquisition Agreement, Aqua shall promptly record this Easement Agreement in the Register of Deeds of Carteret County, North Carolina at Aqua's expense. The provisions of this Easement Agreement will run with and bind title to the WWTP Property and the Homeowners Association Property, will be binding upon and inure to the benefit of all owners of any portion of the WWTP Property or the Homeowners Association Property, and will be and remain in effect until such time as a document terminating this Easement Agreement is signed by all of the owners of the WWTP Property and the Homeowners Association Property and recorded in the public land records of Onslow County. fI (Signature Page to Amended and Restated Green Space Easement Agreement] IN WITNESS WHEREOF, the parties have caused this Easement Agreement to be duly executed in their respective corporate names, all by authority duly given, the day and year first above written. OGDEN HIGHWAY, LLC By: 30_ are, Member/M age Address: 1630 Military Cutoff Road Suite 110 Wilmington, NC 28403 Attn: Mr, Lare Fax: 910-239-1311 AQUAs.l41RTH CAROLINA, I By: Thomas J. r , President Address: 202 MacKenan Court Cary, NC 27511 Attn: President Fax: (919)460-1788 STATE OF NORTH CAROLINA COUNTY OF N '' I, the undersigned, a Notary Public of the County and State aforesaid, certify that ► Laxyr Managing Member, whose identity has been proven by satisfactory evidence, said evidence being: I have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); personally came before me this day and acknowledged that he/she is Managing Member of Ogden Highway, LLC, a North Carolina limited liability company, and that he/she, in such capacity and being authorized to do so, voluntarily executed the foregoing on behalf of the limited liability company for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this a 0jh_ day of 200T Notary Public Print Name:�BonnL L M. f 7 A—W My Commission Expires: i [AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE] Bor.ni , V a +::dway Bonnie M. Braudway Notary Public New �, y NC New, County, Ne ; '-t STATE OF NORTH CAROLINA COUNTY OF WAKE I, the undersigned, a Notary Public of the County and State aforesaid, certify that THOMAS J. ROBERTS, PRESIDENT of AQUA NORTH CAROLINA, INC., whose identity has been proven by satisfactory evidence, said evidence being: ® I have personal knowledge of the identity of the principal(s) ❑ I. have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a INN A credible witness has sworn to the identity of the principal(s); personally came before me this day and acknowledged that he is PRESIDENT of AQUA NORTH CAROLINA, INC. and that he, in such capacity and being authorized to do so, voluntarily executed the foregoing on behalf of the corporation for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this A/ day of December, 2007. V otary P ignature Print Name: Peggy --Sue Colucci My Commission Expires: June S. 2008 [AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBLE EXHIBIT A Sterling Farms Develo ment SEE ATTACHED NOTES TRACT 3 - GREEN AREA TRACT 4 - GREEN AREA TRACT 5 - GREEN AREA TRACT 6 - SPRAY FIELD TRACT 7 - SPRAY FIELD TRACT B - GREEN AREA TRACT 9 - HOLDING POND SOURCE OF TITLE FOR ALL TRACTS SHOWN IS MB 52, PG 65 UNLESS OTHERWISE NOTED i EXHIBIT A 1000 0 1000 2000 ULU 30 ROAD (R/W VARIES) NCSR 1423 SHEET 1 - OVERVIEW 00 1NITY MAP NO SCALE FLOOD CERTIFICATION LEGEND EIP--EXISTING IRON PIPE PP --POWER POLE MBL-MINIMUM BUILDING ONE THIS IS TO CERTIFY THAT THIS PROPERTY IS LOCATED IN FLOOD HAZARD ZONE "AE17" & OB--DEED BOOK PG --PACE EPK--EXISTING PK NAIL OS --EXISTING IRON STAKE R/W--RIGHT OF WAY MB--NAP BOOK NPK--NEW PK NAIL NIS--NEW IRON STAKE 'X" PER COMMUNITY 370349, PANEL C/L--CENTERLINE CP--COMPUTED POINT R--RAOIUB ECM --EXISTING CONCRETE MONUMENT ELECTRIC UNE CONC--CONCRETE_ 0 & U. E.--DRAINAG7 AND UTILITY EASEMENT 3790530700J EFFECTIVE NOV, 3rd, 2005 -E- --OVERHEAD THIS IS TO CERTIFY THAT THIS MAP AND SURVE`/ FOR SURVEY WAS DONE IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND STERLING FARMS WASTEWATER TREATMENT PLANT SVRYEYING IN NORTH CAROLINA.- THE ERROR OF CLOSURE AS CALCULATED BY LOT#: N/A BLOCK: N/A SECTION: N/A GAIRY CANARY SURVEYING LATITUDES AND DEPARTURES IS 1 10.0o0f. THIS SURVEY IS AN EXISf1NO PARCEL OF SUBDIVISON: STERLING FARMS, PHASE 1 PO B0X 915 LAND, 9103 RICHLANDS HIGHWAY ,COUNTY: ONSLOW TOWNSHIP: WHITE OAK RICHLANDS, NC 28574 DATE:12/17/07 SCALE:1"=1000' FB , PG 910 324-4616 910 324-8430 FAX GAIRY 1. CANADY PLS L-2904 FILENAME: WWTPmcp.dwg go.iryccncdy0gmcil.com n N �a H t C4i'r l fAelpi, f011eY TNT Ttl .V.r w5 plow Utwl If! 910A19M RIW aACN)1 awwt u!u uem n wetnTsw (e® e�e..euaom � ao. 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N2JIAonod athlu.k.et(FA l� TTRACT 7 64.72 ACffiS -1 , s>,t� oe�ear' cm 4 `I u .pi I I 4] 1 1 1 0 H-3 1 V I 1 uav as � �ACX WV.1xFTO1C10N 1 I ��.ron r L cA'` — �30 RDAo -- .no -Y mJ l CNtr a WIMr.Ot1411Y DaaT 116 Mi v6 trIAYYI. ]AP4PllM9W rtEY awwr,c�T uuu.n swxvmw NAB oi]ae Atmmm Ar.ma Ns nr:Talr AOrATm u IFi�I _ _— � _ m�ma.x 4iEET 3 OF 14 p�"Tsw�a wa�r.ax oAewr em,i-i�8lur. ''� eoiq.nAswr-awrnm TAM K „REllt Tw.T M WTtl Oe illTma], ,S CYCIwTtD 6 _ �, _ pujiia :;btl�E4 u,.r �aa wo .xn wur ee STERLING FARMS m suT ,les A,I aa.w.a �raas�� awew,i s�av�G eoram+m, n�eefl�,o ssw va ]Cm ur d p(�m vaw �� .rc _ � T�i.as� v1[ ,-;„-..• i.1 •,l: - wrnw er e.L N1N7E OAK TOr.T15HIP ONSLOw CWNTY-. �/.-,wrtnr a�v sc,\Le 1'=100' 0CT06ER 30tn. 2006 ru �aa - - FB 156. PC 35 Slalir.gF—PhaselMFR.dwg GAiRY CANARY LAND SURVEYING "�'07:•� 9103 RICHLANDS NaMAY RICHIANDS. NC 2BS74 (91D)324-4616 :H7013$4-643D (FAX) �; F gaI od T !hl k,ne1 VICINITY MAP Nor ro - en „,� • ,en,wo• •- mil/ •... '9o-yl;� �8 I Lei 06 '� j ` �ie�Ay ® � ' , ' e LOT r-y�,tr�y 4a�T,O -1 f- A � rc �j m 1 S aia T.�c ®• E ® o.YT, 53 ' $ 1 o>HT,t>'9v e,°,r, o ® ®L J 1 Ib 9b >�1!!•�'T '�4' p`�,A��'b ® I K NO G tOT22 ® ®aoT 1 �y la •-, 1 n 'r �i.��> f 9•4y b - r Lar w I. Y LOT 11�2 1 Will 1 LOT LOT 1�3. LOT 11! •`\ � 1 ti \ �•rtTa.a4K i •��`aLOT the rRACF 9 is 10-02 ACRES •� . ,y� - ._ NIURE OEM a�ruwT i 1 I. - onx]e,Km TRACT 8o �, �• 1 5.53 p (y....�a••1 I 3 INTUREOMI.DiwOIT = �` ,• 1 1 f ) / CEME11kY LOT — — 00, AOli V W We.K r0] f�E TRACT 7 iVt 64.72 AcKs br—) �OE141.9PwFNi NI 1Ma. K X B (P.age,•4 of 140 EXHIBIT A A it - umr •,x.n- , ,... f ,..�.,. + ._.. -...- � � � P 5 y 1•�K6 Is k �iy $� ` as Y y n y Ps6 p y5 $6 �} $5 y yeyt $6 s $o ylfjlq{ °r [y c5 ° � �Y I O I - { ,�y �I 5a 7{ � , S5e r { -I � { P YI g �rJ� I ` Y I CI °f gig "5 G 7 d x R_ C� a'au`I�a6a k"�a �g�� --nr.7zui_.sIl.trF.x •MLLS � iK.W- gq avv eam � OR1w (W' R/Y)—NNZyY— ya li S IM a107 57 LJ 8 &.,. ® ® epxo�, all "" , 3 g 7 ® LOT x'� �6 01 k5 �� Pr w¢s d G5 $ 8yl 8 �e Q1 '!a� a �� 1 xi i Y6 ' y� Y° E I Y ' sae o- , P 41 . yc 4rry�� pp Fu o wt E .6 n Z 8 fTl a e'' S � � � �� v J � $5 ®/ � n •r �ti , � nooi3.0 - ,r rmTu• ��- Ir � < { � � r v q ��' �^ � � � bg �j s � �� s�" m�tr m.xr eorr soar es.n o.�mi •e.r _.. � w { m �6y�sSsjy��o;��o � Al .® �$ QR �g Y a P � yi Co •■� �S S �� � 4Io � g � � 3- a �j}.�e ��� t Fix �S®TS Pa � RtID �, R >�z i s 5 Book:52,2age:85 EKHIBIT A (Page.-5 of 14a ��a�lg���'��; 13�q� �� �kl �� ��i�yd�l�m9�i��y,.���g��16��•I�y��l�� -`'N6i77:—SiLYER Hou DRIVE ('!0' ® lR01" !4q !Gp R01 J AV rf. r m .ran ei : y4" a 1 r 1 r 1 1 ' a � 1 i il s 1 rl a �g •�$ __------------- -----1 L— — ® I l - ® F pC i+- TA Z D N Sook:52,Page:85 EMBITi A (Page.6 nt 1�) !: 1. 1 I 1 ,1 ;BI I 2 f 1, r ,g!6 c) sWa WTI P �O V r 'Mo �w� �•gg k,z�& Sook:52,Page:85 {Page; l of 14) 1 `P h Pl'^'� KKHISIT A w 800k:52,Page:85 (PagexB ..of 1�3) EXHIBIT A u omD � I2� a gkn m�z age 20 a F'ps I I^;u n 4 in P2�J o Zi 8. Sook:52,Page:85 (Pa0e19 of 14� EXHIBIT A Book:52,Page:95 (Page:30 of Pd) Sook:52,Page:05 (Page :11 of 14) EXHIBIT A p� Y yy d Lis v ` nn - qo �( 1IC01-i'1Y - r 1iU ' 'f V ,Ag' q pp ([+ I K G G f'10 6 ® .. ML°+% Z •Mi - °. °AyrON e e c A ya°.n •i �+ g py YJpL'G� •a J 1 y �� X�, b Ci �y 46 A ` 19 !ggP ��&�mt®xa:�� .€m �f'.5 -"Fg6 yal 10; s .,5. G� $!�t '=i y6 �,i G' tl6 ' L'I �-+ [p, !Fa° ,� � q1. � ,. � ' y C .a �' ` " $ � � $ � y $ f a. A.•L°, = Yjj€� R Q�or � a •ar �"'�-• �=f� 3'i111T— y NI a6 a � �4g: ,r` � Cad' �' J `�'o �. rya ; �.p I � o ®� , " : i:: • •.}::;',` I96xf � 1 �� � � "�O � �� a' •c��4 �Nsar,pA�. Y •,'( '3 6x� =�1 �S �I's6 �$ • e� a � .. 3111011 — }p ��, fQt. ,p,�S 4rtg 'yam \p �'� •l+ L qp33 @ri•�.Y' Ai P � >'� •d` / ali3 iu x..K&' �.ef:t a� .e.• � a. �� /,( \ S6 � ��'t,;®a y.✓ �°d®1� � ! �S � �' i a��'�W °eo € �„��',��r �6 /_�i'a iA9ia� �8� ,_ R+� �g � L®'! 'w - — 5—•..i7A�x— - —' a j I t'� f FF�� § gay gE f y= Oz g tee• " ./.k � � �I �I � V i �z D s AC�z CC� A F l e W i 70 ! t I cm:� Book:52,Page:85 ¢Page-.12_ of 14) EmiBIT A tr 1 Book:52,Page:85 EXHIBIT A 14) 4 BOOX:52,Page:85 (Page `14: _o. 14) EXHIBIT A a..k:52,Page:85 (Page.I cZf 1J FJMIBIT A. �x — - - — - -'-- - - ' H"S - VE (60' R -rJ -6t _ :� {4� o � li : 510� I •� Jp � � i �-.W gg0� h • ' R - �_ j L ' �4i (rya 7z`r` I I I I I r $ pq R I� '' 7 � _' - _ �`M'. ' , ��- ��y� v � _;'tM�- ®° C �• i Pr lj�����"S�QS® IIZZ w�.olJE,ai r. ', O YB r d z a 'sib �,�80 z QQ a r 7q j4P j4* I.M. �g3"rd' (n p $/Y .0 ^ Z r $ m ,f� Book:54,Page:16O EXHIBIT B Green Space Areas SEE ATTACHED NOTES TRACT 3 — GREEN AREA TRACT 4 — GREEN AREA TRACT 5 — GREEN AREA TRACT 6 — SPRAY FIELD TRACT 7 — SPRAY FIELD TRACT 8 — GREEN AREA TRACT 9 — HOLDING POND SOURCE OF TITLE FOR ALL TRACTS SHOWN IS MB 52, PG 85 UNLESS OTHERWSE NOTED EEXHHIBIT B 1000 0 1000 2000 t3LD 30 ROAD (R/W VARIES) NCSR 1423 SHEET 1 - OVERVIEW SITE Bo 'INITY MAP NO SCALE i FLOOD CERTIFICATION LEGEND ETP--EXISTING IRON PIPE PP --POWER POLE VOL—MINIMUM BUILDING DNE THIS IS TO CERTIFY THAT THIS PROPERTY 13 LOCATED IN FLOOD HAZARD ZONE "AE17" & 08--DEED BOOK PG --PAGE EPK--EXISDNG PK NAIL EI5--EXISTING IRON STAKE R/W--RIGHT OF WAY MB--MAP BOOK NPK--NEW PK NAIL NIS--NEW IRON STAKE °X" PER COMMUNITY 370.3 , PANEL 3720530700J EFFECTIVE NOV. 3rd, 2005 C/L--CENTERUNE CP--COMPUTED POINT R--RADIUS ECM --EXISTING CONCRETE MONUMENT —E— --OVERHEAD ELECTRIC LINE CONC--CONCRETE D do U. E.--DRAINAGE AND UTILITY EASEMENT THIS ISVETO CERTIFY THAT THIS MAP AND SURVEY FOR SURVEY WAS DONE IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND STERLING FARMS WASTEWATER TREATMENT PLANT SURVEYING IN NORTH CAROLINA. THE ERROR OF CLOSURE AS CALCULATED BY LOT#: N/A BLOCK: N/A SECTION: N/A GAIRY CANADY SURVE4 LATITUDES AND DEPARTURES IS ];j0.000}. THIS SURVEY IS AN EXISTING PARCEL OF LAND. SUBDIVISON: STERLING FARMS, PHASE 1 PO BOX 915 9103 RICHLANDS HIGHWAY COUNTY: ONSLOW TOWNSHIP: WHITE OAK RICHLANDS, NC 28574 DATE:12/17/O7 SCALE:1"=1000' F8 PG (910)324-4616 , (910))324-8430 FAX I DAIRY I. CANADY PLS L—Z904 FILENAME: WWTPmup.dwg gairycanadyWgmail.com EXHIBIT C WWTP Property SEE ATTACHED 10 EXHIBIT C 7 � � Ua 3• 3 i � 8888g a�g ��rSS —7 .7 '�a :rr� gGu3'Ci a 0 rN, B RIDGE R \ 's r s� I a= I + 8•�oRgg ggggaa 7-79 �3 gg �77hhh7 -N/r.Jre_m'mperv�rv� �333 �R.9AF' 50333- �� (yS/tl.3ldAlkld ,09) �V ovom swage onna�s s Z N� ej ye SS: Ku C9Y6' V) (j I (/) (� Kati S az� as V) F. �Q Za F o YII ono F�WQ 3NLr. ffiIBIT C i J w J 1 ' L INE � ! LUI,I,EtirtLUIS ' w TRACT 7 I MB 52, PG 85 / J0. �� Ap,�! 'b (CONTROL N$1'32 CORNER) 171. ECM � I o �N h f I N SIT I 1? I L100 ate+ L TRACT S 11,62 ACRES (by coordinotes) VICINITY MAP NO SCALE PORTION OF TRACT 8 MB 52, PG 85 _ \ FLOOD LINE MS n820k'�8' N `—WETLANDS LINE w 71.1s' ,ti. 1 ! "IS WASTEWATER N TREATMENT �L4 L07 RES ates)RACT 8530.15''32?2' i1 F4 e MORTON ELEMENTARY SCHOOL DS 2633, PG 705 CURVE 7A13LE CURVE LENGTH RAOIV$ BEARING CHORD C116 235.55 340.OD - 14 `W 23A69 WETLANDS NIS � •1 �1 A \ \ "E '. ECM �1 I I I�II I I II Il I C117 557.75 595.09 C118 565.95 535=00 N s 'z s31.28 I I cn9 zw.D1 x9aoo r.+a • •w 1 199,33 } I C120 41.07 340.OG va • 45-Oa ` I I C721 55.67 290.00 •I 85-3E 1 i 100 0 100 200 1 a SHEET 2- WASTEWATER PLANT LOT 1 1 FLOOD CERTIFICATION � LEGEND EIP--EAsTlING SON PIPE PP --POWER POLE IA -MINIMUM BURRING LINE THIS IS TO CERTIFY THAT THIS PROPERTY IS PO --PACE EPK--EXISTING PK NAIL DS--EXISTING IRON STAKE DO --DEED BOOK E)S LOCATED IN FLOOD HAZARD ZONE 'AE17' k R/W--RIGHT OF WAY MB--MAP BOOK NPK--NEW PK NAIL NIS--NEW IRON STAKE 'X' PER COMMUNITY �70340, PANEL CA --CENTERLINE CP---COMPUTED POINT R--RADN$ ECM--EXISTINO CONCRETE MONUMENT 3720530700J EFFECTIVE NO.. 3rd, 2DO5 -E- --OVERHEAD ELECTRIC UNE CONC--CONCRETE D k U. E--DRAINAGE AND UTILITY EASEMENT THIS IS TO CERTIFY THAT THIS MAP AND SURVEY FOR SURVEY WAS CONE IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND STERLING FARMS WASTEWATER TREATMENT PLANT SURVEYING IN NORTH CAROLINA, THE ERROR OF CLOSURE AS CALCULATED BY N/A_ SECTION: N/A GAIRY CANADY SURVEYING LATITUDES AND DEPARTURES IS 1:10.000t, LOT BLOCK: I� NA THIS SURVEY IS AN EXISTING PARCEL OF SUBDIVISON: STERLING FARMS, PHASE 1 PO BOX 915 LAND. 9103 RICHLANDS HIGHWAY COUNTY: ONSLOW TOWNSHIP! WHITE OAK RICHLANDS, NO 28574 I DATE:12/17/07 SCALE: 1"-100' 1 FB PG 910 324-4616 �910)324-8430 - , FAX //f CAIRY I. CANADY PLS L-2904 FILENAME: WVRPmap.dwg goiryconody®gmall.com EXHIBIT C 50 0 50 loo Rb TRACT B 11.82 ACRES 1 VICINITY MAP NO SCALE (by coordinates) PORTION OF TRACT 8 \ MS 52, PG 85 1 \� FLOOD LINE 1 N82'04' 4B"E NIS NIS ` WETLANDS LINE D140 / l t�. SANK a. x � I %1 TANK x 56 5" NIS \ �o� n•4' PUMP 41.3X` in 1 STORY r ` 1 R 11 mA'SONRY SIDED 1x l I f 1 BUItAING 1.24 ACRES >, (by coordinates) 70 4' PORTION OF TRACT 8 % \ MB 52,, PG 85 INK FENCE �{-- J g' GHAINLx x % NIS / NIS MORTON ELEMENTARY SCHOOL DB 2633, PG 705 SHEET 3 — WASTEWATER PLANT ASBVILT FLOOD CERTIFICATION LEGEND THIS I$ TO CERTIFY THAT THIS PROPERTY IS E!P--EXISTING RON PIPE PP --POWER POLE MBL-MINIMUM BUILDING LINE DB--DEED BOOK PG --PACE EPK--EXISTING PK NAIL EIS --EXISTING IRON STAKE LOCATED IN FLOOD HAZARD ZONE "X- PER J R/W--RIGHT OF WAY MB--MAP BOOK NPK--NEW PK NAIL NIS--NEW IRON STAKE COMMUNITY 370340, PANEL �.T,2fl 3;)70�J CA--CENTERDNE CP--COMPUTED POINT R--RADIUS ECM --EXISTING CONCRETE MONUMENT EFFECTIVE NOVEMEIER 3rd, 2005 -E- --OVERHEAD ELECTRIC LINE CGNC--CONCRETE 0 k U. E.--DRAINAGE AND UTILITY EASEMENT THIS IS TO CERTIFY THAT THIS MAP AND SURVEY FOR SURVEY WAS DONE IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND STERLING FARMS WASTEWATER TREATMENT PLANT SURVEYING IN NORTH CAROLINA. THE ERROR SURE AS D BY LATITUDES AND D PARTURESCIS�1jo.000t. LOT#: N/A BLOCK: N/A SECTION: N/A GAIRY CANARY SURVEYING THIS SURVEY IS AN EXISTING PARCEL OF LAND' SUBDIVISON: STERLING FARMS, PHASE 1 PO BOX 915 9103 RICHLANDS HIGHWAY COUNTY: ONSLOW TOWNSHIP: WHITE OAK RICHrNDS, NC 28574 DATE:12/17/07 SCALE: 1"-50' FB , PG (91024-4'16 I. CANARY PLS L-2g04 FILENAME: WWTPmap.dwg 91024-8430FAXCAIRY gairynadyOgmail.com