20140727 Ver 1_More Info Received_20140718

From: 8obZaraecki <[e-mail]>
Sent: Friday, July l8'ZUl43:U3PK4
To: '[e-mail]|'; Smith' [herh L; 8urdette, Jennifer
Subject: HANSON[}UARRY City of Raleigh SETTLEMENT AGREEMENT (SAW'ZUl4'Ul4Z6)
Attachments: [OR Settlement Agreement (combined).pdf
Importance: High
The delineations verified last week are currently being survey located and we hope to have a
jurisdictional determination survey plat for Corps sign off soon. I'm still trying to find the time to
prepare the stream table that we discussed and JID form for the Corps. I'll have these to you newO
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We've moved to:
North Quarter Office Pork
8412 Falls ofNeuse Road, Suite 1O4
RoUeigh, NC 27615
(919)846-59OOOffice Phone
[phone] Direct Line
[phone] Fax
[phone] Mobile
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SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ( "Settlement Agreement ") is made this day
of re6n-Ae v , 2014, ( "the Effective Date ") by HANSON AGGREGATES SOUTHEAST,
LLC, a we alai are limited liability company, and the CITY OF RALEIGH, a North Carolina
municipal corporation, hereinafter referred to as the "City." Hanson and the City are referred to
throughout as Party and/or Parties.
WHEREAS, Hanson owns certain real property situated in the vicinity of Crabtree and
Richland Creeks, adjacent to Duraleigh Road in Raleigh, NC more particularly described as PIN
0786349208, 0786308569, 0786512559, 0786620033, and 0786554037 (the "Property ");
WHEREAS, specifically, Hanson, or its predecessors in interest, has extracted
subsurface granite from portions of the Property since the 1940s and has done so continually and
with the City's knowledge since before the Property became subject to the City's planning
jurisdiction;
WHEREAS, the portion of the Property located to the east of Duraleigh Road is within
the City's corporate limits. The portion of the Property located to the west of Duraleigh Road is
within the City's extraterritorial jurisdiction ( "ETJ "). Hanson and the City agree that the City's
zoning ordinances apply to all of the Property. However, Hanson and the City dispute the
specific dates on which various portions of the Property became subject to the City's zoning
ordinances and also dispute the requirements that the City's zoning regulations impose on the
Property. Hanson and the City also dispute the requirements, if any, that were imposed on the
Property by Wake County zoning restrictions prior to the Property's becoming subject to City
zoning restrictions;
WHEREAS, Hanson contends that all portions of the Property purchased or leased by
Hanson or its predecessors in interest, were specifically purchased or leased in order to acquire
and secure subsurface mineral rights and reserves for future quarrying on the Property; and that
Hanson, or its predecessors in interest, at all relevant times has intended to quarry and extract
granite from the Property by contiguous extensions of the existing pit to the extent allowed by its
North Carolina mining permit;
WHEREAS, the City contends that the portions of the Property to the east of Duraleigh
Road cannot be used in quarry operations. The City also contends that the portion of the
Property assigned PIN 0786308569 can be used only in accordance with current zoning
regulations and that no rights associated with a non - conforming use apply to this portion of the
Property. As for the portion of the Property located to the south of Crabtree Creek and included
in PIN 0786349208, the City contends that zoning regulations allow Hanson only to use and
maintain its existing settling ponds, to clean those ponds, temporarily to store materials removed
from the ponds, and to remove materials taken from those ponds off the Property;
1

WHEREAS, the North Carolina Department of Transportation ( "NCDOT —) owns land
abutting Crabtree Creek, which land is surrounded by the Property. NCDOT's land has been
used for quarry operations since at least the 1940s. NCDOT leases mineral rights in its land to
Hanson under a lease with an effective date of December 11, 2007 (the " NCDOT Mineral
Lease ");
WHEREAS, on April 23, 2002, the City's Zoning Enforcement Administrator issued an
Order for Compliance regarding Hanson's use of the Property to the south of Crabtree Creek;
WHEREAS, Hanson initiated a proceeding before the Raleigh Board of Adjustment to
appeal said Order for Compliance;
WHEREAS, the Board of Adjustment proceeding is currently pending and neither party
has requested that the proceeding be set for hearing;
WHEREAS, Hanson and the City have conferred together and have settled their disputes
under the terms described in this Settlement Agreement;
WHEREAS, the City has agreed to accept the easements and other interests described in
this Settlement Agreement; and
WHEREAS, this Settlement Agreement, unless any part hereof is determined to be null
and void by judicial decision, settles, compromises and resolves forever the disputed claims over
Hanson's rights to use the Property.
NOW, THEREFORE, in consideration of the mutual promises contained in this
Settlement Agreement, and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Hanson and the City agree as follows:
/•� in
Aggregate – means sand, stone, gravel, topsoil and overburden extracted from the
mineral deposits on the Property.
Business Activities – means activities that are not residential in character, except that
activities directly and solely related to remediation and reclamation of the Property after
the Excavation Period are not Business Activities.
Crabtree Quarry means the quarry operated on portions of the Property and under the
NCDOT Mineral Lease.
Effective Date – means February 4, 2014.
Excavation Period – means the time period beginning on the Effective Date and ending
on the earlier of: 1) thirty -eight (38) years from the Effective Date; or 2) the date on
which thirty (30) million tons of Aggregate has been removed from the Excavation Pit.
FA

Excavation Pit — that area of Northern Property from which Aggregate has, is and will
during the Excavation Period be excavated from below the surface, including the
contiguous extension of the open pit as existing on the Effective Date as depicted on
Exhibit 1 hereto.
Mining Permit — that certain permit for the operation of a crushed stone quarry issued by
the Department of Environment and Natural Resources, Wake County - Permit No. 92-
03.
NCDOT land means the land located north of Crabtree Creek and west of Duraleigh
Road that is owned by the North Carolina Department of Transportation and leased by
Hanson under the NCDOT mineral lease.
Northern Property — means the portion of the Property located north of Crabtree Creek
and west of Duraleigh Road.
Reclamation Bond — means the security posted by Hanson, as required by section 74 -54
of the North Carolina General Statutes, in favor of the State of North Carolina, liability
under which is maintained until Hanson completes the reclamation required by North
Carolina law and regulation.
Reclamation Period that period of time during which Hanson shall complete its
reclamation obligations in accordance with the reclamation conditions on the Mining
Permit and shall complete other reclamation or remediation described in this Settlement
Agreement. The Reclamation Period shall begin at the expiration of the Excavation
Period and shall end two years thereafter.
Temporary Stockpile Area — means that area shown on Exhibit 1 hereto and used to store
materials removed from the settling ponds located on the Property south of Crabtree
Creek.
B. a s 's Use of the PropE!jj
1. Hanson shall have the right to use the Property in accordance with the zoning
memorandum of opinion dated February B, 2014 from the City of Raleigh Zoning
Enforcement Administrator, attached hereto as Exhibit 2.
2. Hanson shall not extract Aggregate on any portion of the Property other than the
portion of the Northern Property detailed in the survey provided in accordance with
paragraph C(2) hereof. Further Hanson shall not remove overburden or topsoil on any
portion of the Property other than the portion of the Northern Property detailed in the
survey provided in accordance with paragraph C(2) hereof or the Settling Pond area
south of Crabtree Creek in accordance with paragraph C(7)(d) hereof.
3. Hanson shall use the Property and the NCDOT land, and conduct operations thereon,
only as expressly set forth herein.
3

C. Operational .. Terms
1. End of Business Activities. Hanson shall cease all Business Activities at the
Property and the NCDOT land on the earlier of thirty eight (38) years from the
Effective Date or when, subsequent to the Effective Date, 30 million tons of
Aggregate has been removed from the Northern Property. However,
notwithstanding the foregoing, during the Reclamation Period, any remaining
Aggregate that was extracted during the Excavation Period and any materials
stockpiled in the Temporary Stockpile Area may be removed and /or sold from the
Property.
2. Delineation of Excavation Pit. Within ninety (90) days of the Effective Date,
Hanson shall provide the City with a survey delineating the maximum extent of the
Excavation Pit. The survey shall provide the precise boundaries of the Excavation
Pit, which are generally depicted in Exhibit 1 hereto and shall conform to that
which is depicted in Exhibit 1. If the City determines that the survey does not
substantially conform, the City shall notify Hanson within thirty (30) days after
receiving the survey and Hanson shall allow the City to perform its own survey at
the City's expense. The parties shall confer in good faith after the completion of
the City's survey and use their best efforts to resolve all discrepancies concerning
the boundaries.
3. Sale of Portion of Northern Property of Crabtree Creek to the City. Within
ninety (90) days of the release of the Reclamation Bond, upon request of the City,
Hanson shall convey to the City title to that portion of the Northern Property,
depicted in Exhibit 3 hereto, to the City for the nominal value of Ten U.S. Dollars
($10.00).
The parties shall record the option agreement attached as Exhibit 3 or another
instrument with the Wake County Register of Deeds documenting the interest
described in this section within sixty (60) days from the Effective Date.
The NCDOT Mineral Lease states that it expires ten (10) years after its December
11, 2007 effective date unless Hanson exercises its right to a five (5) year renewal.
After the expiration of the NCDOT Mineral Lease and its five (5) year renewal,
Hanson shall use all reasonable efforts to enter into a lease with NCDOT sufficient
to allow it to continue operations. Notwithstanding the foregoing, if Hanson is
unable to negotiate a lease for NCDOT land throughout the Excavation Period
through no fault of Hanson and, as a result, Hanson is prevented from conducting
operations for the entire Excavation Period, Hanson is under no obligation to
convey the portion of the Northern Property to the City. Hanson shall in good faith
use its best efforts to diligently seek the issuance or renewal of NCDOT leases
necessary for conducting operations as contemplated in Sections B and C hereof.
4

4. Noise and Vibration Mitigation.
a. Berm. Within six months of commencement of mining operations
in an area north of the existing quarry Hanson shall begin construction of a
landscaped earthen berm along the northern boundary of the Property, in
accordance with the plan attached hereto as Exhibit 4. The construction of
the earthen berm shall be completed before excavation of the overburden
is any closer than 750 feet from the northern property boundary and no
later than eight (8) years from the Effective Date. Hanson shall maintain
the berm and shall replace any element of the landscaping that dies or
becomes diseased or as otherwise required by law or regulation at the time
of the berm construction.
b. Blasting Techniques Required. Hanson shall design each blast
using the latest available techniques to minimize impacts from blasting.
Techniques to be employed include laser profiling of the face and
orientation of the blasts away from the adjacent properties to the north of
the quarry to reduce impacts from both ground vibrations and air blasts. In
addition, Hanson shall be sensitive to weather events that might increase
air blast impacts on neighbors and shall postpone blasting during such
events.
C. Blasting Limits. During all blasting operations implemented from
top -of -rock to a depth of 250 feet below top -of -rock, the maximum peak
particle velocity ( "PPV ") of any component of ground motion shall not
exceed 75% of the current legally allowable limit applicable to Crabtree
Quarry.
During all blasting operations implemented below a depth of 250 feet
below top -of -rock, the PPV of any component of ground motion shall not
exceed 50% of current legally allowable limit applicable to Crabtree
Quarry.
A table depicting the maximum limits allowed hereunder is attached
hereto as Exhibit 5.
d. Enforcement of Blasting Limits. All records maintained by
Hanson concerning blasting, including those documenting the PPV
associated with blasting operations, shall be available to the City upon
request, within 24- hours. Hanson shall self -report to the City any
violation of the blasting limits set forth herein. If a violation occurs,
Hanson shall cease all blasting at the depth at which the violation occurred
until the violation has been investigated and a corrective action plan
implemented. Any corrective action plan shall contain sufficient
remedial measures so that no future violation is likely to occur.
R

The parties acknowledge that failure to comply with Blasting Limits may
result in damages due to public disturbance and inconvenience, and
increased inspection and administrative costs. In view of the uncertainty
and difficulty of making a precise determination of any such damages,
the parties agree that the City shall be entitled to recover liquidated
damages in addition to actual costs /damages recoverable by the City for
matters other than public disturbance and inconvenience, and increased
inspection and administrative costs. This sum is a reasonable pre -
estimate of the probable damages to be incurred due to any potential
public disturbance and inconvenience, and increased inspection and
administrative costs. The parties intend such monies to provide for
payment of such damages and not a penalty.
If a second violation occurs at that same depth within six months of the
first violation, Hanson shall remit to the City liquidated damages in the
amount of $2,500 for the second violation. In addition, if a second
violation occurs, Hanson shall cease ail blasting at the depth at which the
violation occurred until the violation has been investigated and corrective
action plan implemented. If a third (and subsequent) violation occurs
within six months of the first violation, Hanson shall remit to the City
liquidated damages in the amount of $5,000 for the third (and each
subsequent) violation. In addition, if a third (or subsequent) violation
occurs, Hanson shall cease all blasting at the depth at which the violation
occurred until the violation has been investigated and corrective action
plan implemented.
e. Hours of Blasting. Unless otherwise necessitated as a result of
events or causes beyond its reasonable control, including acts of God or
the public enemy, acts and omissions of any governmental authority,
declared or undeclared wars, riots, terrorism, strikes, floods, earthquakes,
storms, epidemics, fires or other natural calamities, Hanson shall limit
blasting events to the hours of 10:00 a.m. to 4:00 p.m., Monday through
Friday and shall not conduct blasting events on Saturday or on Sunday. A
"blasting event" means any use of a substance in a manner intended to
cause an explosion.
E Hours of Operation of Crushing Equipment. Hanson shall limit
the operation of all crushing equipment to the hours of 6:00 a.m. to 9:00
p.m., Monday through Saturday and 1:00 p.m. to 9:00 p.m. on Sunday.
g. Low - Frequency Alarms. Hanson shall install low- frequency
back -up alarms on all machinery and equipment for which back -up alarms
are required by law or regulation.
5. Renovation of Primary Crusher and Maintenance of Processing Plant. During
the Excavation Period, as soon as practicable, Hanson shall renovate the primary
crusher at a location that is away from Crabtree Creek and that is, at a minimum,
0

fifty (50) feet below the current grade surface level and at which the wall of the
Excavation Pit will function as a noise baffle_
6. Relocation of Access Point. Hanson may relocate its access point to Crabtree
Quarry as depicted in Exhibit 6. No later than one hundred and twenty (120) days
following the receipt of any and all federal, state and local approvals necessary to
re- locate the point of ingress /egress to Crabtree Quarry from Duraleigh Road,
Hanson shall install landscaping at the location of the current point of ingress /egress
and future point of ingress /egress to the Property from Duraleigh Road in
accordance with the plan attached hereto as Exhibit 6.
7. Activities and Limits on Use of Property South of Crabtree Creek; Waiver
and/or Relinquishment of Claims or Rights to Use Property South of Crabtree
Creek.
a. Hanson shall not use the portion of the Property south of Crabtree
Creek except as specifically set forth herein.
b. Hanson waives and relinquishes any claim or rights of any sort that
it might possess that the portion of the Property south of Crabtree Creek
constitutes a pre- existing non - conforming use except to the extent set out
in this Settlement Agreement.
C. Settling Ponds and Temporary Stockpile Area. During the
Excavation Period, Hanson may continue to use, operate and maintain the
existing settling ponds as part of its on -going operations and consistent
with past practice, but shall not expand the existing settling ponds.
Sediment removed from the settling ponds may continue to be stockpiled
temporarily in the Temporary Stockpile Area. Hanson shall restrict the
height of stockpiles to comply with current and future City ordinances
governing stockpile height. Stockpiling shall occur only in the Temporary
Stockpile Area. The parties specifically acknowledge that nothing in this
Settlement Agreement prevents stockpiled materials taken from the
settling ponds from being used as fill material as a part of the reclamation
process when a settling pond is removed or when the Reclamation Plan is
implemented at the end of the Excavation Period.
Hanson may maintain the existing pipe from the slurry pump to the
settling pond in the location that is shown on Exhibit 1, but may not
expand it or relocate it to any other place within the Buffer Zone described
below. If Hanson's activities concerning the pipe require disturbing
topsoil, then Hanson shall complete those activities as promptly as
possible and shall restore the area as nearly as possible to the condition
that existed prior to commencing its work.
If Hanson installs a settling pond for use in mining operations on the
Northern Property or on the NCDOT land, Hanson shall reduce the
7

footprint of its operations south of Crabtree Creek by an equivalent square
footage. However, to the extent that Hanson is required, by federal, North
Carolina, or local law or regulation to install a stormwater control or
management device on the Northern Property or the NCDOT land,
Hanson shall not be required to reduce the footprint of its operations south
of Crabtree Creek by an equivalent square footage.
d. Excavation Limited. No excavation of Aggregate shall occur
from the surface of the Property located south of Crabtree Creek except
for: i) removal of materials taken from the settling ponds located south of
Crabtree Creek and stockpiled in the Temporary Stockpile Area; or ii)
removal of materials necessary to maintain the existing settling ponds
within the area specifically designated for the settling ponds on Exhibit 1
and as previously allowed by the City.
e. Hanson agrees that no non - conforming use status applies to the
portion of the Property assigned PIN number 0786308569.
V
. Mining Permit Restrictions; i ree Preservation South of
Crabtree Creek. Hanson shall modify the Mining Permit, and
specifically the mining plan, to classify the portion of the Property south
of Crabtree Creek, except for that area in which the settling ponds,
Temporary Stockpile Area, and existing one -lane driveways are located,
as Buffer Zone in which no blasting, excavation, tree removal, or activity
inconsistent with applicable zoning regulations shall occur, except as set
forth herein ( "Buffer Zone "). Such modification will conform to the area
identified as Buffer Zone on Exhibit 1 hereto.
Hanson shall maintain the undisturbed vegetated buffer a minimum of 100
feet in width, as shown on Exhibit 1, existing as of the Effective Date,
around the perimeter of the portion of Property located south of Crabtree
Creek throughout the Excavation Period, except at such locations where
the City may remove vegetation for the construction and maintenance of a
greenway pursuant to rights granted in Section D of this Agreement. It is
the parties' intent that the undisturbed vegetated buffer continue to provide
visual screening of the settling ponds and the Temporary Stockpile Area.
Hanson shall preserve the 100' vegetated buffer until the Reclamation
Period ends and shall remove trees or vegetation only when the material is
diseased or dead, or when the City's Chief Arborist determines that it is
necessary to preserve the health of the 100' vegetated buffer or areas
surrounding it.
Except as allowed for greenway construction and maintenance by the City,
any tree removal conducted within the Buffer Zone shall be in compliance
with the Mining Permit and shall comply with applicable City regulations
in place at the time of removal, and any removal of trees within the Buffer
Area prior to the end of the Reclamation Period shall be in conformance
8

with a written Forestry Management Plan approved by the City's Chief
Arborist. The Forestry Management Plan shall allow thinning and other
forestry activities that protect the health of the trees within the Buffer
Zone and if required in order to use the one -lane driveways effectively or
safely, may also allow trimming or removal of trees that abut or overhang
those driveways.
Notwithstanding the foregoing, in the event Hanson desires to sell any
portion of the Property classified as Buffer Zone to an unaffiliated entity
for a purpose, other than for forestry or timbering, that is consistent
with the underlying zoning or with the City of Raleigh Comprehensive
Plan in effect at the time of the sale, such sale shall not violate the terms of
this Settlement Agreement.
g. Use of Southernmost Driveway. Hanson shall limit ingress and
egress from its southernmost driveway to the period 7:00 a.m. through
5:00 p.m., Monday through Friday, except as necessary to address
emergencies or events or causes beyond its reasonable control. The
parties also specifically acknowledge that dust suppression requirements
described herein apply to vehicles entering or exiting the southernmost
driveway.
S. Reclamation and Remediation. At the end of the Excavation Period, Hanson shall
immediately begin work to implement the Reclamation Plan. Hanson's reclamation
and remediation shall at minimum comply with the requirements of Mining Permit,
the N.C. Mining Act, and federal and State environmental laws and regulations
applicable at the time of reclamation and remediation. To this end, Hanson shall
remediate all known environmental conditions that have resulted from the use of the
Property by Hanson or its predecessors in interest for mining operations in
accordance with applicable regulatory requirements prior to the conveyance of the
Northern Property contemplated by paragraph C(3) hereof.
In addition, Hanson shall reclaim the portion of the Property south of Crabtree
Creek so that it is suitable for use compatible with the underlying zoning
classification in place at the time of reclamation.
Under this Settlement Agreement and in accordance with the City's prior zoning
interpretations, Hanson is permitted to stockpile materials removed from the settling
ponds temporarily in the Temporary Stockpile Area. Any stockpiled material
remaining at the end of the Excavation Period and not used as fill as a part of
reclamation shall be removed from the Property by Hanson.
Hanson shall complete all reclamation and remediation of the Property within a
reasonable time after work begins, in accordance with all applicable laws and
regulations, and no later than the termination of the Reclamation Period.
9. Environmental Permit Renewals and Modifications. If Hanson requests a
9

renewal of or modification to any of its environmental permits, Hanson shall not
request a permit condition that would impose a more lenient standard relating to
dust or noise than any such standard set forth in this Settlement Agreement or
otherwise in effect at the time of the request.
10. Community Outreach. As of the Effective Date, Hanson shall implement the
following community outreach activities:
a. Hanson shall maintain a call list / e -mail list by which to notify any
property owners within 2,500 feet of the Property, who request
notification, prior to blasting events.
b. Hanson shall establish and maintain a website, accessible to the
public, on which seismographic information and data shall be posted.
C. Hanson shall establish a Neighborhood Advisory Group consisting
of residents from the surrounding neighborhoods and shall meet with such
group two times per year at the request of the group, or fewer if no such
meeting is requested. Hanson shall give careful consideration to concerns
and suggestions from the Neighborhood Advisory Group.
d. Hanson shall implement and maintain a Protocol for Investigating
Blasting Complaints and Binding Arbitration Program similar to that
outlined in Exhibit 7 to address complaints arising from damages allegedly
caused by operations at the Property.
These community outreach activities shall continue throughout both the Excavation
Period and the Reclamation Period.
11. Dust Mitigation.
a. Dust Control Guidance Plan. Upon the Effective Date, Hanson
shall implement the Crabtree Quarry Dust Control Guidance Plan, a copy
of which is attached as Exhibit 8.
b. Opacity Standards. Hanson shall comply with applicable opacity
standards set forth in federal regulations regardless of any exception that
might otherwise apply.
C. Load Covers. For all trucks entering Crabtree Quarry, Hanson
shall ensure that any trucks leaving the Property have a working,
functioning load cover. Any such truck that does not have a functioning
load cover shall not be loaded by Hanson. Hanson shall use best efforts to
ensure that the loads of all trucks exiting Crabtree Quarry are covered.
Hanson shall also install signs on the Property stating that all loads must
be covered and that all violations related to load covers will be reported to
10

N. C. D.M.V. Enforcement. Hanson shall instruct employees to report
all violations related to load covers to site management who will, in turn,
report such violations to N.C. D.M.V. or another State agency that
regulates motor vehicles.
C. Mining Permit Limitation. Hanson shall not request any
modification to the Mining Permit, or any raining permit hereinafter
issued to Hanson, that reduces or relaxes any standard applicable to dust
control or mitigation.
i° i
1. Dedication and Conveyance of Permanent Greenway Easement East and West of
Duraleigh Road
On the Effective Date, Hanson shall execute the easement agreement attached hereto as
Exhibit 9, conveying to the City a permanent greenway easement along the south bank of
Crabtree Creek, east of Duraleigh Road and, in addition, a permanent greenway easement
providing trail access to the multipurpose pathway along Duraleigh Road. These
easements are more particularly identified as "NEW CITY OF RALEIGH GREENWAY
EASEMENT ", comprising 22,585 sq.ft. (0.519 acres); 157,968 sq. ft. (3.626 acres); and
46,296 sq.ft. (1.063 acres) as shown and described on that exhibit plat entitled,
"EASEMENT ACQUISITION MAP FOR CRABTREE CREEK GREENWAY ", sheets
1 of 3, 2 of 3, and 3 of 3, respectively, prepared by Stewart Engineering Company, and
attached hereto as a part of Exhibit 9. The minimum width of the Permanent Greenway
Easement shall be 100 feet from the top of the bank of Crabtree Creek.
2. Dedication of Conservation Easement (Preservation of Catawba Rhododendron).
On the Effective Date, Hanson shall execute the easement agreement attached hereto as
Exhibit 10, conveying to the City a conservation easement to protect an approximately
0.96 acre tract along the southern bank of Crabtree Creek. This conservation easement is
more particularly identified Being the easement area identified as "NEW CITY OF
RALEIGH CONSERVATION EASEMENT ", comprising 41,716 sq. ft. (0.958 acre) as
shown and described on that exhibit plat entitled, "EASEMENT ACQUISITION MAP
FOR CRABTREE CREEK GREENWAY ", sheet 1 of 2 and 2 of 2, respectively,
prepared by Stewart Engineering Company, and attached hereto as a part of Exhibit 10.
3. Dedication and Conveyance of Temporary and Provisional Easement for Greenway
Purpose
On the Effective Date, Hanson shall execute (and the City shall join in execution thereof
for purposes of affirming its consent thereto) the easement agreement attached hereto as
Exhibit 11, conveying a Temporary and Provisional Greenway Easement extending
generally westward across the southern portions of the Property from Duraleigh Road to
Richland Creek and generally northward along Richland Creek ( "Temporary and
Provisional Greenway Easement "). These easements are more particularly identified as
11

Being those easement areas identified as "NEW CITY OF RALEIGH GREENWAY
EASEMENT ", comprising 46,921 sq.ft. (1.007 acres); 4,809 sq. ft. (.110 acre); 88,130
sq.ft. (2.032 acres); and 86,643 sq. ft. (1.989 acres), as shown and described on that
exhibit plat entitled, "EASEMENT ACQUISITION MAP FOR CRABTREE CREEK
GREENWAY", sheets 1 of 4, 2 of 4, 3 of 4, and 4 or 4, respectively, prepared by Stewart
Engineering Company, and attached hereto as a part of Exhibit 11.
In accordance with express provisions of the Temporary and Provisional Greenway
Easement, the Temporary and Provisional Greenway Easement shall expire at the earlier
of. i) the opening to the public of the Permanent Greenway Easement contemplated by
paragraph D(4); or ii) eighteen months after the expiration of the Reclamation Period.
The City shall construct and fence the greenway trails within the Temporary and
Provisional Greenway Easement at its own risk, such that, in the event this Settlement
Agreement fails as contemplated by paragraph E(12), the City shall be solely responsible
for the removal of any greenway trails then installed on the Property and any necessary
restoration of the Property within nine (9) months of the failure of the Settlement
Agreement.
4. Dedication and Conveyance of Permanent and Provisional Greenway Easement
South of Crabtree Creek
On the Effective Date, Hanson shall execute the easement agreement attached hereto as
Exhibit 12, conveying to the City a permanent greenway easement along the south bank
of Crabtree Creek, more particularly identified as "NEW CITY OF RALEIGH
GREENWAY EASEMENT," comprising 329,204 sq. ft. (7.558 acres) as shown and
described on that exhibit plat entitled, "EASEMENT ACQUISITION MAP FOR
CRABTREE CREEK GREENWAY", sheet 1 of 3, 2 of 3, and 3 of 3, respectively,
prepared by Stewart Engineering Company, and attached hereto as a part of Exhibit 12.
The minimum width of the Permanent Greenway Easement shall be 100 feet from the top
of the bank of Crabtree Creek. In accordance with express provisions of the permanent
greenway easement, the City agrees that it will have limited access to and will not operate
a greenway on this easement until the expiration of the Reclamation Period.
5. Nature Preserve Area
On the Effective Date, Hanson shall execute the instrument attached hereto as Exhibit 13,
conveying by Special Warranty Deed a fee simple interest to the City the approximate
7.46 acre portion of the Property located near the confluence of Crabtree and Richland
Creeks ( "Nature Preserve Area "), more particularly identified Being that parcel identified
as "NEW CITY OF RALEIGH NATURE PRESERVE AREA" as shown and described
on that exhibit plat entitled, "EASEMENT ACQUISITION MAP FOR CRABTREE
CREEK GREENWAY", sheet 1 of 2 and 2 of 2, respectively, prepared by Stewart
Engineering Company, and attached hereto as a part of Exhibit 13, to be used solely for
purposes of a nature preserve and conservation and as part of the Crabtree Creek
Greenway project.
12

6. Use and Maintenance of Temporary and Permanent Greenway Easements
Except as otherwise set forth herein, City shall be solely responsible for the construction,
operation and maintenance of Greenway trails, and other rights and interests under its
Greenway easement within the Temporary or Provisional Easements and Permanent
Easements located on property of Hanson. City shall secure all temporary and permanent
easements with fencing acceptable to Hanson to discourage and prevent users of the
Temporary or Provisional Easements from trespassing on those portions of the Property
in which Hanson conducts business operations. The parties acknowledge that a six (6)
foot high chain link fence is generally acceptable to Hanson.
7. Noise, Dust and Vibration Easement.
The City agrees to the inclusion of the following language of reservation in those
instruments conveying the interests described in paragraphs D(1), (2), (3), and (S) of this
Agreement:
"The Grantor expressly excepts from the provisions of the (insert instrument name] and,
for its successors and assigns, reserves the right to cause vibrations, noise, dust,
particulates, debris, and other similar materials and odors to be in the air above, descend
upon, go across, or go through the [insert name] Area, and in general to subject the
[insert name] Area to all similar consequences arising from the location and operation in
the vicinity of the [insert name] Area of the Crabtree Quarry and any related activities,
including without limitation equipment operation and truck traffic at, to and from
Crabtree Quarry. By accepting this grant of [insert instrument name], the City hereby
subordinates its rights under the [insert instrument name] to those of the Grantor relating
to noise, dust, and vibration as enumerated above ( "Noise, Dust, and Vibration
Exception "). Notwithstanding the foregoing, nothing contained herein shall be construed
to allow Grantor's vehicles, equipment, employees or customers to physically enter the
`insert name] Area or to conduct mining operations thereon. This Noise, Dust and
Vibration Exception shall terminate upon the expiration of the Reclamation Period, as
defined in that agreement between Grantor and the City dated ................ (ref: DB
PG , WCR)."
E. Miscellaneous
1. Covenant as to Ownership of the Property,
Hanson covenants that it owns all portions of the Property in fee simple absolute.
. City's Right to Verify Reserves and Audit Excavation.
The City and Hanson acknowledge that the City is subject to the North Carolina Public
Records Act, NCGS 132 -1 et seq., and specifically, those provisions of the Act
concerning the definition of public records, and requirements for disclosure thereof. The
13

City and Hanson further acknowledge that statutory penalties for violation of the Public
Records Act would be imposed against the City and its officers, and may be substantial.
With respect to any information, reports, calculations, data, inspection reports, or other
documentation provided by Hanson to the City or its representatives, and specifically to
any independent expert under provisions hereof ( "Provided Information "), it shall be the
responsibility of Hanson to indicate (prior to submission and in the form required by law)
that such Provided Information is claimed by Hanson to constitute a "trade secret" under
NCGS 66- 152(3), and is consequently exempted and protected from the disclosure
requirement of the law. Hanson acknowledges and agrees that, upon receiving Provided
Information which is claimed to constitute a Trade Secret, the City shall take any and all
actions necessary to comply with applicable federal, state, and local laws concerning
public records.
If a third party challenges any trade secret protection claimed by Hanson in association
with a discovery request or public records request, City will promptly notify Hanson of
the challenge. Before disclosing the information City: (a) must allow Hanson an
opportunity to support its trade secret assertion by seeking injunctive relief to prevent
City's disclosure of such information within forty -eight (48) hours of receiving
notification from City of the challenge; or (b) allow Hanson to affirmatively respond in
writing that it no longer makes a trade secret assertion for the information. If Hanson
does not respond in the manner set forth above within forty -eight (48) hours of receiving
notice from City of the challenge to the trade secrets assertion, the City may release the
material without penalty.
If, following notice of the challenge, Hanson maintains that the information described
above remains a trade secret, Hanson shall provide the City with a detailed legal
justification of the trade secrets assertion under North Carolina law. Hanson agrees to
indemnify, defend, and hold harmless the City from any costs associated with the City's
withholding of information indicated by the Hanson as a trade secret (including, without
limitation, reasonable attorney's fees borne by the City and any penalties or costs borne
by the City in the matter, including, but not limited to, any award of attorney's fees
against the City in favor of the party making the request for public information).
No later than February 1 of each year, Hanson shall prepare a report documenting the
total amount of Aggregate removed from the Property during the prior calendar year.
This report, which shall remain on premises at Hanson's office location in Wake County,
shall be made available for the City's inspection upon twenty -four (24) hour advance
notice. The report, and supporting documentation, shall constitute Provided Information
and may be designated and indicated by Hanson as a trade secret on the terms and
conditions described above.
The City may employ an independent expert to verify that 30,000,000 tons of Aggregate
remains within Excavation Pit. Should the City employ an independent expert, the parties
acknowledge that any supporting documentation provided to such expert by Hanson,
shall constitute Provided Information and may be designated and indicated by Hanson as
a trade secret on the terms and conditions described above.
14

The City may employ an independent expert to audit Hanson's records concerning the
amount of Aggregate removed from the Property. The City shall provide Hanson with
thirty (30) days written notice of the audit. The expert shall produce a report to the City
showing the period audited, containing the total amount of Aggregate removed during
that period, and describing in detail any discrepancies or exceptions that the audit
revealed. Discrepancies involving less than 25,000 tons of Aggregate shall be considered
de minimis. Such discrepancies shall be added to or subtracted from, as the case may be,
the total aggregate removed from Crabtree Quarry so that no more than 30 million tons
shall be removed. The audit report (and supporting documentation) shall constitute
Provided Information and may be designated and indicated by Hanson as a trade secret
on the terms and conditions described above. The parties acknowledge that Hanson has
indicated an intent to designate these materials as a trade secret.
Hanson shall cooperate with any expert employed by the City to carry out activities
described in this section. Hanson shall make available all relevant business records
requested by the expert within a reasonable time after the request.
If the parties dispute the amount of Aggregate removed during any audit period, the
parties and any experts employed by them shall confer in good faith and use their best
efforts to resolve any disputes.
3. No Admission. Hanson and the City agree and understand that this Settlement
Agreement, subject to North Carolina General Statute § 1C -1, Rule 408, and the
settlement terms set out above are solely for purposes of settlement and are a compromise
of the dispute between the City and Hanson. Hanson and the City agree to the entry of
this Settlement Agreement, but this Settlement Agreement shall be not be deemed an
admission of any fact or position at law except and solely as necessary for enforcement of
this Settlement Agreement. The Parties have entered into this Settlement Agreement
solely to avoid the expense, uncertainty and inconvenience of litigation.
4. Injunctive Relief. Hanson and the City agree and understand that the terms of this
Settlement Agreement may be enforced by either Party by action for specific
performance, injunctive relief, or other remedy as by law provided or as set forth herein.
5. Remedies Cumulative. The remedies contained herein shall be cumulative and asserting
a particular remedy shall not preclude a party from asserting any other rights or seeking
any other remedies against any other party as provided herein or by applicable law.
6. Cooperation. Hanson and the City agree that should this Settlement Agreement be
challenged or appealed in a court of law or otherwise, Hanson and the City shall
cooperate in the defense of the Settlement Agreement. Hanson and the City will
vigorously defend this Settlement Agreement. Hanson further agrees that it shall provide
competent attorneys to defend the Settlement Agreement and that it shall pursue all
appeals and petitions available to it or to the City to challenge any adverse decision. In
addition, Hanson and the City agree that the City shall cooperate and shall not interfere
15

with Hanson's efforts to renew its lease with the N.C. Department of Transportation
during the Excavation Period, so long as such renewal or modification is consistent with
the terms hereof.
Hanson and the City agree to execute any supplementary documents necessary to put the
terms of this Settlement Agreement into effect.
7. Release of All Claims Against City. Hanson, for itself and for its representatives,
agents, successors and assigns, unconditionally and forever releases the City, its
employees, its officers, and its elected officials of and from any and all actions,
compensation, claims, including claims for attorneys' fees, interest, costs, damages,
debts, expenses, suits at law or in equity, and demands of any description, whether known
or unknown, now existing or which may hereafter accrue, arising out of any matter or
thing done, omitted, or suffered to be done by any of the persons, firms, or corporations
herein released before, up to, and including the date of this Settlement Agreement on
account of any violations of right, injuries, losses, breaches of contract, or damage of any
kind, related in any way to the use of the Property, zoning restrictions on the Property,
the City's enforcement actions concerning the Property, or public records requests made
by or on behalf of Hanson, all occurring at any time prior to the Effective Date.
However, nothing in this release relinquishes Hanson's rights under this Settlement
Agreement.
8. Attorney's Fees. This Settlement Agreement resolves any claim for attorney's fees or
costs as between Hanson and the City, its employees, its officers, and its elected officials
related to the matters described in the Release of All Claims Against City and those
described in this Settlement Agreement. Each party shall bear its own attorney's fees and
costs.
9. Waiver of Rights. Hanson waives any rights it may have to use the Property as a non-
conforming use except as provided in this Settlement Agreement and the attachments to
it. Hanson specifically relinquishes and abandons any claim to use the portion of the
Property to the south of Crabtree Creek as a non - conforming use except for the use of the
settling ponds and Temporary Storage Area as set forth in this Settlement Agreement.
Hanson agrees that no non - conforming use status applies to the portion of the Property
assigned PIN numbers 0786308569, 0786512559, and 0786620033. Hanson further
agrees that the permissible scope of the non - conforming use of the Property is only as set
out in this Settlement Agreement and its attachments.
10. Full and Final Resolution. It is the intent of the parties that this Settlement Agreement
fully, finally, and forever ends all disputes about the non - conforming status of all
portions of the Crabtree Quarry, including the Property. Neither this Settlement
Agreement, nor any provision hereof, may be waived, modified, amended, discharged or
terminated except by written instrument signed by the City and Hanson.
11. Withdrawal of BOA Appeal. Within 45 days after the Effective Date, Hanson shall
withdraw its pending Board of Adjustment appeal so long as no appeal is taken from
16

Exhibit 2. If any appeal is taken from Exhibit 2, then Hanson shall withdraw its pending
Board of Adjustment appeal within 45 days after a final resolution of all of the challenges
to Exhibit 2 that substantially upholds the terms contained in Exhibit 2.
12. Non- severability. If any part of this Settlement Agreement is determined is held to be
illegal, invalid, or unenforceable under any current law or regulation, then the entire
Settlement Agreement shall be null and void and shall have no force and effect.
13. Bind and Benefit. The terms and conditions contained in this Settlement Agreement will
bind and inure to the benefit of the Parties and their respective representatives, successors
and assigns, including, but not limited to any and all future owners of the Property.
14. No Waiver. The failure of the City or Hanson or their successors or assigns to enforce any
covenant, condition, or restriction herein contained shall in no event be deemed a waiver
by the City or Hanson or their successors or assigns of their rights to thereafter enforce the
same nor shall any liability attach to the City or to Hanson for failure to enforce any
provision of this Settlement Agreement.
15. Declaration of Covenants, Conditions and Restrictions. Hanson and the City shall
cause to be recorded with the Wake County Register of Deeds the Declaration of
Covenants, Conditions and Restrictions attached as Exhibit 14 setting forth the terms and
conditions hereof that run with the land and that will bind future owners of the Property.
IN WITNESS WHEREOF, Hanson and the City have executed the foregoing, under seal, by
the signatures of their respective, duly authorized officers, the day and year first above written.
17

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18

Exhibits
Exhibit 1:
Operation Plan
Exhibit 2:
Memorandum of Opinion
Exhibit 3:
Option Agreement - Property to be Conveyed to City
Exhibit 4:
Berm, Northern Boundary
Exhibit 5:
Blasting Limits
Exhibit 6: Entrance Relocation and Landscaping
Exhibit 7: Arbitration Protocol
Exhibit 8:
Dust Control Guidance Plan
Exhibit 9:
Crabtree Creek East of Duraleigh Greenway Easement
Exhibit 10:
Conservation Easement
Exhibit 11:
Temporary and Provisional Greenway Easement
Exhibit 12:
Permanent Greenway Easement South of Crabtree Creek
Exhibit 13:
Nature Preserve Area
Exhibit 14:
Declaration of Covenants, Conditions, and Restrictions
19

Exhibits
Exhibit 1:
Operation Plan
Exhibit 2:
Memorandum of Opinion
Exhibit 3:
Option Agreement - Property to be Conveyed to City
Exhibit 4:
Berm, Northern Boundary
Exhibit 5:
Blasting Limits
Exhibit 6:
Entrance Relocation and Landscaping
Exhibit 7:
Arbitration Protocol
Exhibit S:
Dust Control Guidance Plan
Exhibit 9:
Crabtree Creek East of Duraleigh Greenway Easement
Exhibit 10:
Conservation Easement
Exhibit 11:
Temporary and Provisional Greenway Easement
Exhibit 12:
Permanent Greenway Easement South of Crabtree Creek
Exhibit 13:
Nature Preserve Area
Exhibit 14:
Declaration of Covenants, Conditions, and Restrictions
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P I
& Zoning Division
a n ning
One Exchange Plaza, Suite 300
Development
Raleigh, North Carolina 27601
Phone [phone]
1. What is the permissible scope of the nonconformity of Hanson Aggregates Southeast, LLC at its real property ° ilf -1 -2014
situated in the vicinity of Crabtree and Richland Creeks, adjacent to Duraleigh Road in Raleigh, NC more
particularly described as PIN 0786349208, 0786308569, 0786512559, 0786620033, and 0786554037 (the
"Property ")? We believe that Article 10.3 of the unified Development Ordinance contains the relevant Code
provisions. A proposed zoning interpretation detailing our analysis is enclosed for your consideration and use. If
you concur with this analysis, we respectfully ask that you consider adopting it as the proper zoning interpretation
of the Unified Development Ordinance under these facts.
2. In light of your interpretation about the permissible scope of Hanson Aggregates' nonconformity, are the terms of
the attached Settlement Agreement between Hanson Aggregates and the City of Raleigh consistent with applicable
zoning ordinances?
Site Address/PIN: 0786349208, 0786308569, 0786512559, 0786620033, and 0786554037
Date Submitted: 30 January 2014 Date Issued: 6 February 2014 Code Sections Affected: 10.3
See attached entitled "Zoning Interpretation /Determination — Crabtree Quarry" and Appendicies
See attached entitled `Zoning Interpretation/Determination — Crabtree Quarry" and Appendicies
a'�n
Travis R. Crane, Planning and Zoning Administrator
OFFICIAL INTERPRETATION 11 12.05.13 1

On January 30, 2014, the City of Raleigh submitted a Code Interpretation Request seeking an
interpretation on the following issues:
1. What is the permissible scope of the nonconformity of Hanson Aggregates Southeast,
LLC at its real property situated in the vicinity of Crabtree and Richland Creeks, adjacent
to Duraleigh Road in Raleigh, NC more particularly described as PIN 0786349208,
0786308569, 0786512559, 0786620033, and 0786554037 (the "Property ")? We believe
that Article 10.3 of the Unified Development Ordinance contains the relevant Code
provisions. A proposed zoning interpretation detailing our analysis is enclosed for your
consideration and use. If you concur with this analysis, we respectfully ask that you
consider adopting it as the proper zoning interpretation of the Unified Development
Ordinance under these facts.
2. In light of your interpretation about the permissible scope of Hanson Aggregates'
nonconformity, are the terms of the attached Settlement Agreement between Hanson
Aggregates and the City of Raleigh consistent with applicable zoning ordinances?
Section 10.2.14 of the Unified Development Ordinance allows the City to submit such a request.
I have reviewed the relevant text of the Unified Development Ordinance, the Official Zoning
Map, and other relevant information. After careful consideration, I adopt the Zoning
Interpretation/Determination attached as Exhibit A to this Memorandum of Opinion and
incorporate it herein by reference as the official Zoning Code Interpretation/Determination of
this office. I do so in the exercise of my independent judgment regarding the proper
interpretation and application of the Unified Development Ordinance under these facts. I have
also reviewed the terms of the Settlement Agreement that was submitted to me and considered
them in light of the relevant text of the Unified Development Ordinance, the Official Zoning
Map, and other relevant information. The terms of that Settlement Agreement are consistent
with Article 10.3 of the Unified Development Ordinance.
This decision is issued in accordance with Section 10.2.14.C.2 of the Unified Development
Ordinance and the property owner has been notified of the decision by e -mail to its counsel
(GStyersgstyerskemerait.com . This decision is also being publicly noticed and available for

public inspection pursuant to Article 10.2. As provided in Section 10.2.14.C.3, any appeal of this
written interpretation shall be made to the Board of Adjustment in accordance with Section
10.2.11 of the Unified Development Ordinance within 30 days after the date this written
interpretation was decided.
2

Zoning Interpretation/Determination - Crabtree Quarry
I. Summary of Interpretation/Determination
The City of Raleigh ( "City ") has long recognized that Crabtree Quarry operates at its
current location as a nonconforming use. Over the last four decades the City and the owners of
the quarry have disputed the scope of the lawful nonconformity, and litigation is pending on this
issue. In order to resolve the longstanding legal dispute, the owner of Crabtree Quarry and the
City have entered into a settlement agreement related to the operation of the quarry (the
"Settlement Agreement "). The purpose of this document is to set out my zoning interpretations
concerning the quarry and to measure the parties' Settlement Agreement against my
interpretations.
It is my determination that the terms of the Settlement Agreement relating to the Northern
Assemblage are within the scope of the lawful nonconforming use at Crabtree Quarry or are
allowed by the nonconforming use provisions contained in the current Raleigh City Unified
Development Ordinance (the "UDO "). On July 4, 1985 Chief Zoning Inspector Hardy Watkins
issued a determination concerning mining activity on the Southern Tract. It is my determination
that the terms of the parties' Settlement Agreement concerning activities on the Southern Tract
are consistent with Mr. Watkins' prior decision. It is my determination that the terms of the
Settlement Agreement relating to Crabtree Quarry, described herein, contemplate and allow for
the continuation of the lawful nonconforming use and are consistent with the City's policy that
"any lawfully existing nonconforming use may continue in operation on the same land area .. .
that was occupied by the nonconforming use on the date the use first became a nonconforming
use" as set forth in section 10.3.2(A)(1) of the UDO. Accordingly, all of the continuation,
improvements, maintenance, repairs, and renovations contemplated for Crabtree Quarry by the
Settlement Agreement are authorized as allowed for a lawful pre - existing nonconformity and/or
by sections 10.3.2, 10.3.3, 10.3.4 of the UDO.
Finally, I further find that the term of the Settlement Agreement that the excavation of
aggregate from the quarry shall cease on the earlier of thirty -eight (38) years or the removal of
30 million tons of Aggregate constitutes an amortization of the nonconforming use and ultimate
end of this nonconformity.' The other terms of the Settlement Agreement, which allow for the
maintenance, improvements, repairs, and renovations of certain aspects of the accessory
structures, berms, landscaping, and access point to the quarry are appropriate and necessary in
order to allow for the continued operation during this amortization period.
IL Background
Hanson Aggregates Southeast, LLC ( "Hanson" or the "Company ") currently owns an
assemblage of real property situated in the vicinity of Crabtree and Richland Creeks, adjacent to
' Any reference herein to a "thirty -eight year" amortization period shall also include by implication the further
limitation of the removal of 30 million tons of Aggregate, whichever occurs first.

Page 2 of 15
Duraleigh Road in Raleigh, North Carolina more particularly identified, in the aggregate, as PIN
0786349208 as well as PIN 0786554037, PIN 0786308569, PIN 0786512559, and PIN
0786620033 (the "Property" )? The Property is bisected by Crabtree Creek. Additionally, a
portion of the Property is located east of Duraleigh Road? Those parcels in the assemblage that
are located north of Crabtree Creek and west of Duraleigh Road are referred to throughout as the
"Northern Assemblage." Those properties located south and west of Crabtree Creek are referred
to throughout as the "Southern Tract."
Since the 1940s, portions of the Property have been used for the excavation and
processing of granite (the "Crabtree Quarry ") without interruption and with the knowledge of
Wake County and the City. Open pit mining of aggregate currently occurs on the Northern
Assemblage (the "Pit''). The normal operation of the Crabtree Quarry over the decades has
involved the leasing and acquisition of granite reserves through the assemblage of adjoining
properties. Today, the Crabtree Quarry constitutes an assemblage of reserves and buffer, as well
as the Pit and related processing facilities. Hanson and the prior owners /operators of the quarry
have considered all of the Northern Assemblage and much of the Southern Tract to be part of the
Crabtree Quarry, regardless of whether currently under excavation. All of the Northern
Assemblage and portions of the Southern Tract have been covered by various mining permits
issued by the State of North Carolina. Asset forth in the North Carolina Mining Act of 1971:
[n]o provision of this Article [the Mining Act] shall be construed to supersede or
otherwise affect or prevent the enforcement of any zoning regulation or ordinance
duly adopted by an incorporated city or county or by any agency or department of
the State of North Carolina, except insofar as a provision of said regulation or
ordinance is in direct conflict with this Article.
N.C. Gen. Stat. § 74 -65.
The parcels that constitute the Northern Assemblage have been used for the extraction of
granite beginning as early as the 1940s at a time when the County had no zoning regulations and
the assemblage was outside the zoning jurisdiction of the City. Thereafter, owners and operators
of the quarry secured their rights to mine on the properties surrounding the pit and to
accommodate continued extraction by lease or by outright acquisitions. Although many of the
Note that the assignment of PIN numbers is unrelated to the number of separate parcels that make up the
Property. Wake Tax Assessor Emmitt Curl informed Deputy City Attorney Dottie Leapley that for ease of
administration he combined parcels north and south of Crabtree Creek and applied a single PIN to the combined
tract. Tax records show that the change was made at the property owner's request, but Mr. Curl indicated to Ms.
Leapley that he and the property owner concurred in the decision. This did not constitute a recombination for land
use purposes, a point also concurred in by Hanson's predecessor, Benchmark Carolina Aggregates, in its May 30,
1996 letter to Mr. Curl. A GIS map showing the respective parcels and the PIN numbers currently attached to them
is attached as Appendix 4.
3 A former Hanson representative, Ward Nye, was deposed during one of the lawsuits involving the
Property. Mr. Nye testified that Hanson could not and did not intend to mine properties to the east of Duraleigh
Road. The Settlement Agreement incorporates this position. It is my determination that the requirements of the
underlying R -4 zoning district apply to all property owned by Hanson that is located east of Duraleigh Road (PIN
0786620033 and PIN 0786512559). Hanson may not conduct mining activities on those parcels.

Page 3 of 15
early leases or contractual arrangements were oral or are no longer available due to the passage
of time, a timeline of known acquisition dates, as well as supporting documentation, relating to
the Northern Assemblage, is attached hereto as Appendix 1.4
The City acquired zoning jurisdiction over the Southern Tract in 1973 when it extended
its extraterritorial jurisdiction ( "ETJ ") to Crabtree Creek and applied its R -4 zoning classification
to the land. This ETJ extension did not include any portion of the Northern Assemblage. On
February 17, 1981, the City extended its ETJ to include the Northern Assemblage and applied R-
4 zoning to it.
Both the 1973 and the 1981 Raleigh City Code allow the continuation of lawful
nonconforming uses. The scope of the nonconforming use of the Southern Tract has already
been determined. On July 24, 1985, then Chief Zoning Inspector Hardy Watkins issued a
decision that permitted the use of the sedimentation basins located on the Southern Tract as an
allowed use, but prohibited all other activities associated with quarrying anywhere on the
Southern Tract. According to Mr. Watkins' decision, the property owner could lawfully operate
the basins, which included periodically cleaning accumulated sediment from them and storing
the sediment. Neither the property owner, the City, nor any third party with standing filed an
appeal from Mr. Watkins' decision. Therefore, it is the City's position that Mr. Watkins'
decision became a final one that bound the property owner, the City, and any third party with
standing. S.T. Wooten Corp. v. Melon Board of Adjustment, 711 S.E.2d 158 (N.C. App.
2011).5
Wake County's zoning history concerning the Southern Tract is easier to discern than the
zoning history for the Northern Assemblage .b Based on information from Wake County
employees, I conclude that the Southern Tract was assigned residential zoning in 1960.
The parcels in the Northern Assemblage are identified by numbers (i.e., 1, 2, 3 ... )in Appendix 1. This
system of parcel identification is used throughout this memo.
On July 6, 1990, Hanson's predecessor in interest purchased from a developer a roughly 16.5 acre tract
Iocated at the southern end of the Southern Tract. This property is assigned PIN 0786308569 in Wake County tax
records. The property was and is zoned R -6 and, according to the deposition testimony of Ward Nye, was purchased
to serve as a buffer. No nonconforming status applies to the property assigned PIN 0786308569 and that property
must comply with all current zoning requirements applicable to it.
Dottie Leapley was assigned to assist the City's zoning officials with issues relating to Crabtree Quarry in
the late 1990s. Early in her investigation concerning the Southern Tract, she met with officials from Wake County
and reviewed extant County records concerning the history of Wake County zoning for the Property. She met with
Stephen Sizemore from Wake County's planning office and asked only about the Southern Tract. She learned from
Mr. Sizemore that the County did not have a list of nonconformities pre - existing the County's zoning laws. Because
of the lack of historical records, Mr. Sizemore could not say definitively what zoning applied to the Property and
when that zoning was first applied. He told Ms. Leapley that the RF district applied to Research Triangle Park and
that he thought that the Property was most likely zoned R -20. He explained that the RR original zoning district
enacted in 1960 was soon divided into residential zoning districts —R -20, R -15, and R -12.
Ms. Leapley also met with Mitch Liles of Wake County GIS and learned from him that the Southern Tract
was zoned in its entirety in 1960, but the Northern Assemblage may not have been. Ms. Leapley recalls Mr. Liles
telling her that land to the north of Crabtree Creek was zoned at different times. She has Xerox copies of portions of
two old Wake County zoning maps that Mr. Liles copied for her. On one of the copies Mr. Liles marked the
Northern Assemblage area with a question mark and has written R -20 on the right side of the map.

Page 4 of 15
Prior to 1981, the Northern Assemblage was located in a Wake County "zoning area"
created by the zoning ordinance adopted by the Wake County Board of Commissioners on
January 4, 1960 (the "Wake County Ordinance "). As set forth in the Wake County Ordinance,
attached as Appendix 2, the Northwestern Wake County Zoning Area was established, and two
"classes of districts" were authorized for the Northwestern Wake County Zoning Area: Research
Farming ( "RF ") and Rural Residential ( "RR" ). Wake County Ordinance, Section I(1). The
ordinance provided that the "location and boundaries of the zoning district shall be as shown on a
map" purportedly approved with and declared to be a part of the ordinance. Section 1(2). The
ordinance provided that "[d]istrict boundary lines are intended to follow street, lot or property
lines ... unless such district boundary lines are fixed by dimensions as shown on said map."
Section I(2).
However, extensive research of Wake County archives revealed no original zoning map
as approved by the Wake County Board of Commissioners on January 4, 1960. Research of the
Wake County archives revealed one map on which January 4, 1960 is handwritten at some
unknown time. Ms. Leapley recalls Mitch Liles with Wake County GIS telling her that the
original map had been drawn by hand and then was altered as zoning changed over time. A copy
of the "January 4, 1960" map as it exists today is attached as Appendix 2.1.
Because this map depicts more districts than RF and RR (and in fact does not identify RR
as a possible district) and consistent with what Mr. Liles told Ms. Leapley, I conclude that the
"January 4, 1960" map is not the original map in the form adopted by the County on January 4,
1960. Individual districts within the zoning area are evident on this map. However, there are no
individual district boundaries around or encompassing the Northern Assemblage. Research of
the Wake County archives revealed a second Wake County Zoning Map dated 1967, attached as
Appendix 2.2. Individual districts within the zoning area are evident on this map. However,
there are no individual district boundaries around or encompassing the Northern Assemblage.
The same is true for zoning maps dated 1969 and 1970, attached as Appendix 2.3 and Appendix
2 4, respectively. Research revealed no zoning maps dated 1971 through 1981, the date on
which the City extended its ETJ to the Northern Assemblage. Thus, while the Wake County
archives contain evidence that the Property was, in fact, included in the zoning area, there is a
lack of evidence that the Northern Assemblage was in fact included in a zoning district that
restricted use of the Northern Assemblage.'
The summary of amendments to the Wake County Ordinance and corresponding minutes
from the meeting of the County Commissioners, attached as Appendix 2.6, indicates that the
ordinance was amended— rather rapidly following the initial adoption —on 2/8/60, 3/7160, and
The enabling legislation for the Wake County Ordinance, Chapter 1006 of the 1959 Session Laws of the
North Carolina General Assembly, attached as Appendix 2.5, addresses both "zoning areas" and "zoning districts."
Specifically, the legislation authorizes counties to divide their jurisdictional territory into "districts of such number,
shape and area as may be deemed best suited to carry out the purposes of [the legislation]" and allows the county to
regulate development within such districts. Additionally, the legislation authorizes counties to designate portions of
the counties as "zoning areas" where the governing body of the county determines that it is not necessary to zone the
entire county. Thus, the legislation expressly conceives of zoning areas and districts as two distinct elements of
zoning and regulation.

Page 5 of 15
7/5/60 to create new classes of districts, including Industrial One, Industrial Two, Residence -20,
Residence -12 Residence -15, General Business, and Heavy Commercial. The initial creation of
the zoning area and two classes of districts with subsequent rather rapid amendment to create
additional classes of districts is reflective of the attitude within the County, at that time, to create
the zoning area as quickly as possible to accommodate the requests of the founders of the
Research Triangle Parr to zone the area surrounding RTP. See, for example, the comment of
Mr. George Akers Moore, Jr., President of the Research Triangle Park, at the public hearing held
on January 4, 1960 set forth in Appendix 2. See also the minutes from the Wake County
Commissioners' meeting on November 16, 1959, attached as Appendix 2.7, at which Chairman
Haigh, in presenting the Commissioners with the recommendation of the Wake County Planning
Board regarding the ordinance, directed that the "necessary steps be taken to zone this area by
county ordinance as outlined in the County zoning laws as quickly as practical." At the
subsequent meeting on December 4, 1959, the minutes of which are included in Appendix 2.7,
Chairman Haigh stated that the Commissioners, in adopting the ordinance, were "primarily
trying to do immediately the thing that would give Research Triangle Park the protection it
needs...."
Thus, the existing Wake County archives reflect the desire of the County to create the
zoning area quickly, in response to the demands of the developers of RTP, and, subsequent to the
initial adoption of the ordinance, time was taken to create and adopt classes of districts and to
zone districts that were reflective of the actual uses in the zoning area. See also the comment of
Mr. Armistead Maupin, reflected in the minutes of the January 4, 1960 meeting, indicating his
opinion that "the County was going about this zoning backwards" and that a "land use survey
should be made before adopting this ordinance." The evidence suggests that Wake County acted
quickly to adopt the ordinance which created the zoning area, intended to address the concerns of
the developers of RTP, and later, over time, amended the ordinance to create new classes of
districts and acted to zone property within the zoning area. The existing evidence does not
support the proposition that district boundaries encompassing the Northern Assemblage were
approved with the initial adoption of the ordinance.
It is worth noting that American Marietta continued to lease and purchase property
throughout the early 1960s to include in its assemblage: e.g. Parcel 1, 1961; Parcel 3, 1962;
Parcels 4 and 5, 1961; Parcels 8, 10, and 11, 1961. In 2002, Dottie Leapley spoke with John
Graham, a former employee of Martin Marietta. Mr. Graham was extremely courteous even
though it was clear that he did not want to be involved in litigation of any kind concerning the
Property. Mr. Graham told Ms. Leapley that when he arrived in Raleigh in 1961, Martin
Marietta did not have an adequate supply of land for long -term operation of the Crabtree Quarry.
Long -term planning was a part of Mr. Graham's job duties, and he set about acquiring land for
the quarry. According to Mr. Graham, Martin Marietta's intent in 1961 was to fully develop the
pit on the land owned or leased to the north of Crabtree Creek and to use property to the south of
Crabtree Creek solely to operate the plant. The remainder of the southern land was to serve as a
buffer.
At some time prior to 1995, attorneys Francis Rasberry and Lisa Graham from the City
Attorney's Office each spoke with J.R. Reid, also a former Marietta employee. Mr. Reid told
Lisa Graham that the property south of Crabtree Creek was purchased as a buffer. Mr. Reid told

Page 6of15
Mr. Rasberry that Reid himself purchased the tract south of Crabtree for American Marietta and
that the property was purchased to prevent residences from being built close to the quarry. The
southern tract, according to Mr. Reid, was purchased for buffer and not for mining.
These early 1960s acquisitions may have well been the exercise of options at the end of
lease periods in light of concern about potential future zoning of these properties within the
"zoning area" but would have been inconsistent with the imposition of any existing zoning
restrictions prohibiting mining activities already in place prior to these acquisitions. Finally,
even if a zoning classification had been shown on a map for this part of the County, there is no
action or conduct by Wake County indicating that the continuation of mining during the period
of rapid growth in the 1960s and 1970s —which would have involved enlarging the pit, the
acquisition of additional properties to integrate as resource reserves into the long -term mining
operations at this location, the inclusion of these properties in the state- issued mining permit, or
the addition of the settling ponds —was the subject of any zoning enforcement action by Wake
County prior to 1981. The County took no action, issued no orders, and made no
pronouncements regarding the Crabtree Quarry —or the properties that had been assembled for
future mining —that implicated, implied, or applied any zoning restrictions or limitations on use.
Rather, all of these actions and conduct —both by the quarry operators and by the County —are
consistent with the notion that the portions of the Northern Assemblage owned, leased, or
acquired by the quarry operator in the 1960s were not subject to any zoning restrictions at the
time that the operator acquired the land or interests therein.
Between 1961 and 1981, Hanson predecessors took action evidencing intent to mine the
entirety of the Northern Assemblage. For example, in 1964, an appraisal of the Crabtree Quarry
was commissioned in which the quarry life was assessed by way of measurement of reserves
located on the Northern Assemblage. In addition, on March 10, 1970, as required by North
Carolina law, then -owner of the Crabtree Quarry filed its application for registration of the
quarry, both the entire Northern Assemblage and the Southern Tract for mining under the North
Carolina Mining Act. In 1972, then -owner was issued a permit by the State of North Carolina
authorizing the mining of 233 acres of property.
In 1981, the City exercised its ETJ over the Northern Assemblage. A tax map held in
Wake County archives, a copy of which is attached as Appendix 3, confirms this date, as do
records held by the City Clerk. At that time, the City applied a zoning classification of R -4 to the
Property. Both the prior zoning regulations and the new UDO do not permit quarrying in
property with a zoning classification of R -4. However, because the Crabtree Quarry— which, as
described above, consists of parcels of real property north of Crabtree Creek assembled to
provide a source of reserves was in operation as a lawful use prior to the City's assignment of
the zoning classification, the Crabtree Quarry is a lawful nonconforming use. UDO § 10.3.2.$
The scope of the nonconformity under City zoning ordinances was established by the lawful
operations and structures in place in 1981. Therefore, based on the archived records and other
5 Prior versions of the Raleigh City Code also contained provisions allowing lawful nonconforming uses or
structures to continue operation. Ms. Leapley obtained Codes back to 1950 and all of these contained
nonconformity provisions. The 1981 version of the Code allowed nonconfonnities to continue and allowed certain
maintenance and repair without first obtaining a special use permit.

Page 7 of 15
documentary evidence, the Crabtree Quarry became a lawful nonconforming use under City
zoning ordinances in 1981.
The history of the Crabtree Quarry, specifically with respect to issues related to zoning,
presents a unique set of circumstances, which has not yet been addressed by the North Carolina
courts but has been analyzed and treated differently than a typical nonconforming use by courts
in jurisdictions other than North Carolina. The general rule in North Carolina, and as codified in
UDO § 10.3.2, is that expansion or enlargement of a nonconforming use without prior approval
is prohibited. Courts in other States have, however, generally recognized a limited exception to
the general rule against the expansion of a nonconforming use where that use involves the
extraction of a finite natural resource that, as a practical matter, must be extracted from the land
itself over a substantial period of years —also described as a "diminishing asset." Those courts
have distinguished between the extraction of a natural resource (a diminishing asset) from
nonconforming structures and other types of nonconforming uses in formulating the
"diminishing assets doctrine." The doctrine provides that in the context of an extractive use,
since the land itself is a resource which is consumed in the process of use and the business
operation consists of "using" all of that resource, the appropriate scope of the use is all of the
land which contains the asset and not merely that portion under excavation at the time of the
adoption of the restrictive ordinance. City of University PIace v. McGuire, 30 P.3d 453 (Wa.
2001).
A majority of U.S. jurisdictions — including Kentucky, Rhode Island, California,
Wisconsin, Alaska, New York, IIlinois, New Jersey, Washington, Minnesota, Utah and New
Mexico —have applied the doctrine of diminishing assets in the context of extractive uses or
some variant of it. See, e.g., Legrand v. Ewbank, 284 S.W.3d 142 (Ky. 2008); Town of West
Greenwich v. A. Cardi Realty Assocs., 786 A.2d 354 (R.I. 2001); Hansen Bros. Enters., Inc. v.
Bd. of Supervisors, 907 P.2d 1324 (Cal. 1996); Sturgis v. Winnebago County Board, 413 N.W.
2d 642 (Wis. 1987); Stephan and Sons, Inc. v. Municipality of Anchorage Zoning Bd. of
Examiners and Appeals, 685 P.2d 98 (Ak. 1984); Syracuse _ Aggre atg e Corp, v. Weise, 51 N.Y.2d
278 (1980); DuPa e Coun v. G -Wheaton Bank, 192 N.E.2d 311 (Ill. 1963); Moore v.
Brid eg water Tp., 173 A.2d 430 (N.J.1961); Romero v. Rio Arriba County Commissioners 140
N.M. 848, 149 P.3d 945 (N.M Ct. App. 2006), cert. quashed. 142 N.M 716, 169 P.3d 409 (2007);
see also Robert M. Anderson, AMERICAN LAW OF ZONING § 6.52 (3d ed. 1986). In those
jurisdictions, it has been held that the proper scope of a nonconforming use for a diminishing
asset are those lands contiguous to an existing excavation and owned or leased by the mine
operator at the time the zoning restriction is enacted. In addition, the contiguous land must
clearly have been intended to be excavated at the time the restrictive zoning ordinance was
enacted and demonstrably dedicated to that use, both of which are determined on a case -by -case
basis. Non - contiguous lots or parcels separated by a natural border, such as a stream, are not
included in the nonconformity.
The California court has observed:
The very nature and use of an extractive business contemplates the continuance of
such use of the entire parcel of land as a whole, without limitation or restriction to
the immediate area excavated at the time the ordinance was passed. A mineral

Page 8of15
extractive operation is susceptible of use and has value only in the place where the
resources are found, and once the minerals are extracted it cannot again be used
for that purpose. Quarry property is generally a one -use property. The rock must
be quarried at the site where it exists, or not at all. An absolute prohibition,
therefore, practically amounts to a taking of the property since it denies the owner
the right to engage in the only business for which the land is fitted.
Hansen Bros. Enters., Inc., 907 P.2d at 1336 -37 (internal citations omitted). Thus, the
overwhelming weight of authority holds that the unique nature of extractive industry necessarily
contemplates the use of the contiguous parcels of land as a whole, without limitation or
restriction to the immediate area excavated at the time of enactment of the restrictive ordinance.
The diminishing assets doctrine has been applied in jurisdictions Iike North Carolina that
have been committed to a narrow theory of nonconforming uses, which limits the extent of the
nonconforming use to that which existed as of the date of the enactment of the restrictive
ordinance (as opposed to a broader theory that would allow a nonconforming use to continue to
the boundaries of the parcel). In the context of extractive uses, in New Jersey a jurisdiction
"committed to the narrower theory " -- courts have adopted the broader theory of diminishing
assets. Moore v. Bridgewater Tp., 173 A.2d 430 (N.J. 1961). The Moore court noted that Ja]ny
other view would be unrealistic and of questionable constitutional validity. It is quite obvious
that an owner intending to carry on a quarrying operation acquires more Iand than he thinks he
will need so that he will not be a source of nuisance to his neighbors. For practical and
economical reasons he must begin operations at one given point and continue from there to a
point on his lands where his natural resource ends or at his boundary line. For the same reasons,
it is not feasible for him to quarry at different Iocations at the same time." Id.
Research revealed no appellate case law in North Carolina in which the court considers
the diminishing assets doctrine in the context of an extractive use such as quarrying. Thus,
whether the North Carolina courts recognize the doctrine of diminishing assets is a question of
first impression. However, there is precedent in North Carolina for the proposition that
increasing a nonconforming use on contiguous land that has already been cleared or is in use in
some way does not constitute a prohibited expansion of a nonconforming use. See In re Tadlock.
261 N.C. 120, 134 S.E.2d 177 (1964). Therefore, based on the extractive nature of Hanson's
business, the Company's manifestations of intent to use the contiguous parcels contained in the
Northern Assemblage in conjunction therewith, and the existing precedent supporting the
continuation or completion of a use on land that has been cleared and prepared for that use,
Hanson has a compelling case under a theory of diminishing assets that its continued operation
on those parcels contained in the Northern Assemblage and acquired prior to 1981 does not
constitute the unlawful expansion of a nonconforming use. I agree. Hanson's use of land
contained in the Northern Assemblage that it acquired prior to 1981 for the extraction of granite
is not an unlawful expansion of a nonconforming use. In addition, certain other limited activities
associated with quarry operations are permitted on the Northern Assemblage as a part of that
nonconforming use.
To this end, in order to resolve the longstanding legal dispute concerning the City's
zoning regulations and the extent of quarrying activities permitted on the Property, Hanson and
the City have entered into a settlement agreement related to the operation of the Crabtree Quarry

Page 9 of 15
(the "Settlement Agreement ") setting out the permissible use of the Property and involving
certain permitted improvements and changes to the Crabtree Quarry as part of the continuation of
the lawful nonconforming use. These improvements are depicted on the Operation Plan, which
is attached to the Settlement Agreement as its Exhibit 1.
As set forth below, the components of the Settlement Agreement are authorized under the
diminishing assets doctrine or the provisions of the UDO that allows certain limited repairs,
improvements, maintenance, and renovations to nonconforming uses.
III. Components of the Settlement Agreement
A. Contiguous Excavation of the Pit on the Northern Assemblage, Paragraphs B.2
and C.2
Pursuant to paragraph C.2. of the Settlement Agreement, Hanson will provide the City
with a survey delineating the maximum extent of the Pit, which will conform to that which is
depicted on the Operation Plan and will be contained entirely on the Northern Assemblage. This
will be the extent of excavation to be conducted on the Property—except as related to the settling
ponds as specifically set forth in paragraph C.7.d of the Settlement Agreement —and Hanson has
expressly waived its right in paragraph B.2 of the Settlement Agreement to extract aggregate on
any other portion of the Property.
The contiguous excavation of the Pit to the extent delineated on the Operation Plan
simply makes use of the land area that was assembled for the purpose of mining —and is
permitted for mining by the mining permit —prior to 1981 and constitutes, applying the
diminishing assets theory, the uninterrupted continuation of the lawful nonconforming use during
an amortization period, consistent with the City's policy regarding zoning nonconformities set
forth in section 10.3.2(A) of the UDO. Although section 10.3.2 states that "nonconforming uses
shall not be extended, expanded, enlarge or increased in intensity," excavation of the Pit, to the
extent delineated on the Operation Plan and the survey required by paragraph C.2. of the
Settlement Agreement, neither alters, expands nor enlarges the land area that constitutes the
Crabtree Quarry, as the Northern Assemblage was assembled over a period of decades pre - dating
any zoning restrictions for the purpose of mining.
In addition, the excavation of the Pit to the extent delineated on the Operation Plan and
the survey required by paragraph C.2. of the Settlement Agreement, will not alter, expand or
enlarge the extent or intensity of the Crabtree Quarry. The excavation will not change the
maximum operating capacity of the Crabtree Quarry, the scale of the operation, or the pace of the
operation. In other words, excavating the Pit to the extent delineated does not result in an
increase in the capability of Crabtree Quarry to produce aggregate during any given period of
time and is, therefore, not an unlawful expansion but rather a lawful continuation of the use.
Moreover, Section C.I. of the Settlement Agreement requires that Hanson "cease all
Business Activities at the Property on the earlier of thirty eight (38) years from the Effective
Date or when, subsequent to the Effective Date, 30 million tons of Aggregate has been
removed." This Section acts as an amortization provision, which is expressly allowed by the

Page 10 of 15
UDO and during which continued operations of a nonconforming use are permitted. See Sec.
10.3.2(A.)(1) and Sec. 10.3.4(G) ( "Expenditures required by this UDO to amortize a
nonconformity are permitted in any amount. ") . After this period, the lawful nonconforming
status of the Property will end. Without this amortization period, nonconforming operations
could continue long after the end of the amortization period. Amortization of non - conforming
uses over a period of time is well- established in North Carolina as an appropriate means of
addressing non - conforming uses. See. e.g., State v. Joyner, 286 N.C. 366, 372 -273, 211 S.E.2d
320, 325, appeal dismissed, 422 U.S. 1002 (1975) (amortization permits the non - conformity to
continue for a specified period but to end upon the expiration of that period; quoting 1 Anderson,
American Law of Zoning, sec. 6.65 446 -47 (1968)). Goodman Toyota. Inc. v. City of Raleigh,
63 N.C. App 660, 306 S.E.2d 192, 195 (1983), disc. review denied, 310 N.C. 477, 312 S.E.2d
884 (1984) ( "An amortization provision in a zoning regulation represents a tacit recognition that
owners of properties that do not comply with the subsequent law cannot immediately conform to
the change without great personal and economic hardship. ")
As discussed in detail previously in this Zoning Interpretation/Determination, Hanson or
its predecessors have made substantial investments for mining purposes and to comply with the
North Carolina Mining Act. These expenses include not only the acquisition of contiguous
parcels, but also the excavation of the pit; the construction of berms, settling ponds and stockpile
areas; landscaping and buffering; and the installation and maintenance of the primary crusher,
processing facility, entrance driveway, weigh station and other accessory structures and
equipment on the mining property. These are long -term investments. The UDO expressly states
that there is no limit on the amount of expenditures for the amortization of a nonconformity.
Sec. 10.3.4.(G.) It is not unusual for the projected life of a modern quarry to be 100 years or
more at the same location and for the quarry owner to continue mining the area purchased for
reserves for that entire period. During the mining period, the Property has great value as an
operating quarry, but that value diminishes over time, and the value of the property to the mining
owner has little practical use or value at some point, as evidenced by Section C.3 of the
Settlement Agreement. Absent a specified period of time in the UDO, this period of time during
which the practical value of the quarry is declining is an appropriate amortization period, which,
in this case, both the City and Hanson agree, is the earlier of thirty-eight (38) years or the
removal of 3 0 million tons of Aggregate.
B. Construction of Berm, Paragraph CA.a
Paragraph CA.a of the Settlement Agreement provides that Hanson will construct and
landscape a berm along the northern boundary of the Property in order to mitigate the potential
impacts of the Crabtree Quarry on surrounding areas. The berm will be constructed on Parcel 1,
first acquired for mining purposes in 1961 and Iater acquired by Hanson's corporate predecessor
in 1964, as set forth in Appendix 1. The UDO does not expressly prohibit the construction of a
berm in low density residential zoning districts. Therefore, the berm is consistent with
underlying zoning restrictions. Landscaping requirements for the berm contained in the
Settlement Agreement aimed at improving appearance of the quarry are not required for the
current zoning district by the City Code, but are permissible improvements.

Page I 1 of 15
Moreover, the construction of the berm is an integral component of the continuation of
mining activities at Crabtree Quarry during the amortization period and is contemplated and
required by Hanson's mining permit. To this end, construction of the berm would be a
continuation of the lawful nonconforming use under the diminishing assets theory during the
amortization period, as discussed above. Expenditures required by the UDO to amortize a
nonconformity are permitted in any amount. Sec. 10.3.4.(G.).
In addition, the construction of the berm is expressly allowed by the UDO. Specifically
Article 10.3 of the UDO specifies certain repair and maintenance items that can be made to
nonconformities without a special use permit. Section 10.3. I (A) of the Code allows repairs
requested for public safety. In this case, the berm would serve as a significant buffer during the
amortization period between the active quarry operations and residential uses on adjacent
properties and, therefore, would mitigate potential impacts to public safety and welfare posed by
the Crabtree Quarry. The berm would, therefore, constitute a repair to be made in the interest of
public safety, as allowed by section 10.3.1(A)
Finally, construction of the berm does not alter, expand or enlarge the land area, extent or
intensity of Crabtree Quarry. The construction of the berm and associated landscaping does not
result in an increase in the operating capacity of the plant but rather mitigates potential impacts
of the Crabtree Quarry on the surrounding area.
C. Renovation and Maintenance of Primary Crusher and Processing Facility,
Paragraph C.5
Paragraph C.5 of the Settlement Agreement provides that certain accessory structures,
specifically the primary crusher, will be renovated and maintained at a location inside of the Pit
at a minimum depth of 50 feet below the surface so that the deterioration of this accessory
structure can be repaired and the structure can be better maintained. As an additional benefit, at
this location, the wall of the Pit will function as a noise baffle and mitigate potential impacts to
the surrounding area. The Settlement Agreement contemplates that comparable equipment to
that currently used will be in use following the renovation and, thus, Paragraph C.5 does not
authorize an increase in the intensity of the nonconforming use. At the most, such renovation
and maintenance keeps the general current magnitude of the use and does not increase it. Both
the primary crusher and processing facility are accessory structures and integral components of
the Crabtree Quarry and are necessary for the continued operation of the quarry during the
amortization period. In other words, the renovation and maintenance of these accessory
structures, consistent with reasonable mining practicing and legal permit requirements are
necessary to effectuate the amortization of the quarry operations. Thus, Paragraph C.5 is
consistent with the scope of the pre - existing nonconformity on the Northern Assemblage and is
allowed for the amortization of the quarry.
Section 10.3.4(A) of the UDO specifies certain improvements that can be made to
nonconforming accessory structures without a special use permit. The Primary Crusher and
Processing Facility are clearly accessory structures to the mining operation and their
maintenance and repair are required for the amortization of the quarry. Section 10.3.4(A) of the
UDO allows maintenance and repair "necessary to maintain and correct any damage ... or

Page 12 of 15
deterioration to the structural soundness or features of an accessory structure." During the thirty -
eight year amortization period, the Primary Crusher and Processing Facility equipment will
require maintenance in order to avoid deterioration and to preserve the structural soundness of
the equipment.9 Moreover, renovating and maintaining the primary crusher at a location inside
the Pit is at a preferable location and will mitigate potential noise and dust impacts to
surrounding properties and in this regard could also be considered to be required for public
safety, as expressly allowed by section 10.3.1.(A).
Likewise, associated with the renovation of the primary crusher, the processing facility
will be renovated or repaired as necessary to correct deterioration that will occur to that facility
as well. Such renovation or repair is authorized by section 10.3.4(A) of the UDO as it will be
undertaken to maintain the structural soundness and correct deterioration to the processing
facility as required for the amortization of the quarry. The renovation or repair to the proposed
facility will not expand, extend or increase the Crabtree Quarry as it will not increase the
operating capacity of the quarry.
The expenditures for the renovation, maintenance and repair work to be undertaken by
Hanson on the Primary Crusher and maintenance of Processing Facility in order to allow the
amortization of the quarry operation are not limited, section 10.3.4.(G.), but it is expected that
these expenditures will be consistent with the expenditure limitation set forth in section
10.3.4(A)(1) which limits annual expenditure on renovations to nonconformities to 15 percent of
tax value of the Crabtree Quarry.
D. Substitution of Impervious Surface for Access Point and Weigh Station and
Associated Landscaping, Paragraph C.6
Paragraph C.6 of the Settlement Agreement provides that the current point of access on
Duraleigh Road may be landscaped and rerouted to a new location as depicted on the Operation
Plan to a point farther north on Duraleigh Road than the current point of access after receiving
any and all necessary federal, state, and local approvals. The current access point is located on
Parcel 6 and will be rerouted to Parcel 2. The rerouted access point will be landscaped.
Section 10.3.2(B) and 10.3.4 of the UDO specifies certain improvements that can be
made to nonconformities without a special use permit. Section 10.3.4(E) authorizes the
substitution of impervious surface for a vehicular surface area or access point to another,
provided the following criteria are met: the amount and extent of impervious surface is not
increased; the placement of the new impervious surfaces conforms to the requirements of this
UDO ; the impervious surface is for a lawful activity.
9 Employees of Hanson and/or its contractors routinely work around, or actually on, this equipment, which is
subject to regularly inspection by the North Carolina Division Energy, Mineral and Land Resources, as well as the
Department of Labor, Mine and Quarry Bureau, which is charged with ensuring compliance with the 1975 Mine
Safety and Health Act of North Carolina. To the extent that federal or State law requirements apply, Hanson must
be able to renovate, maintain, and repair this equipment, at an appropriate location, to comply with its safety
obligations under those laws.

Page 13 of 15
The landscaping and rerouting will involve the substitution of the impervious surface that
was the previous access point for the impervious surface that is the new access point. In
addition, the amount and extent of impervious surface will not be increased as a result of the
relocation; the placement of the new impervious surface will conform to the locational
requirements of the UDO and will require authorization by the NC DOT; the impervious surface
is for the Crabtree Quarry, which is a lawful activity; and the substitution occurs within the land
area that constitutes the Crabtree Quarry. Therefore, the substitution and rerouting of this
impervious surface is authorized by section 10.3.4(E) of the Code.
Additionally, the rerouting of the access point will improve sight lines to and from
vehicles entering and exiting the Crabtree Quarry, which is in the interest of both those entering
and exiting the quarry as well as those motorists traveling on Duraleigh Road. In this regard, the
rerouted access would benefit public safety and would also be allowed by section 10.3.1(A).
Rerouting of the access point to Crabtree Quarry will require replacement of the weigh
station. The weigh station is simply a vehicular surface area that has a weigh scale beneath it.
Section 10.3.4(E) authorizes the substitution of impervious surface of one structure or vehicular
surface area for another, provided the following criteria are met: the amount and extent of
impervious surface is not increased; the placement of the new impervious surface conforms to
the requirements of the UDO; the impervious surface is for a lawful activity. The replacement
weigh station will be limited to the existing impervious surface footprint of the old weigh station;
thus the impervious surface that constitutes the new weigh station will be substituted for the
impervious surface that constituted the old weigh station. In addition, the amount and extent of
impervious surface associated with the weigh station will not increase; the placement of the new
impervious surface conforms to the locational requirements of the Code; the impervious surface
is for a lawful activity; and the substitution of impervious surface occurs within the land area that
constitutes the Crabtree Quarry. Therefore, the re- location of the weigh station is authorized by
section 10.3.4(E).
E. Maintenance of Settling Ponds and Temporary Stockpiles, Paragraph C.7.c
Paragraph C.7.c of the Settlement Agreement provides that Hanson will continue to use,
operate and maintain the existing settling ponds as part of on -going operations and consistent
with past practice for the duration of the amortization period. The Settlement Agreement makes
clear that Hanson will not expand the existing ponds. Such on -going use is an integral part of the
continuation of mining activities at Crabtree Quarry during the amortization period and was a
lawful use in place as of 1973 as determined by Mr. Watkins in his 1985 directive to the quarry's
owner.]° The basins and their use in the same manner as in the past is a lawful nonconformity
and is a required component of operations during the amortization of the quarry. The restrictions
on the use of the Southern Tract for forestry that are contained in the Settlement Agreement are
permissible restrictions, but are not mandated by the Code.
io Mr. Watkins' decision was also consistent with a 1977 Raleigh Board of Adjustment
decision: In re Cannity.

Page 14 of 15
Moreover, sections 10.3.2(B) and 10.3.4(A) authorize the ordinary maintenance to
nonconforming uses. The use and maintenance of the settling ponds proposed by the Settlement
Agreement falls within the type of improvements and changes to nonconformities that are
allowed by sections 10.3.2(B) and 10.3.4(A) as Hanson will conduct only that renovation,
maintenance and repair which is necessary to correct deterioration. By their very nature, settling
ponds and temporary stockpiles will deteriorate if they are not properly maintained, and Hanson
has confirmed its commitment and its legal obligation under its mining permit to maintain them.
In addition, the work will not expand, increase or extend the nonconformity as no such work will
be conducted outside of that area designated on the Operation Plan as "Existing Settling Pond
Area," which is and has been used for this purpose. The expenditures for the renovation,
maintenance and repair work to be undertaken by Hanson to maintain the Settling Ponds and
Temporary Stockpiles as required for the amortization of the quarry are permitted in any amount
under section 10.3.4.(G.), but it is expected that they will be consistent with the expenditure
limitation set forth in section 10.3.4(A)(1).
The maintenance of the settling ponds and temporary stockpiles is an integral part of the
quarry operations. The maintenance of these accessory structures, consistent with reasonable
mining practices and legal permit requirements, is necessary to effectuate the amortization of the
quarry operations.
As has been its ongoing practice, the Settlement Agreement authorizes Hanson to
temporarily stockpile sediment removed from the settling ponds in that area designated on the
Operation Plan as the Temporary Stockpile Area. The Settlement Agreement provides that such
stockpiling will conform to the City's regulations regarding height of stockpiles.
Conclusion
As described in detail above, Crabtree Quarry is a lawful nonconforming use. The terms
of the Settlement Agreement contemplate and allow for the continuation of the lawful
nonconforming use by application of the diminishing assets doctrine and are consistent with the
City's policy to allow existing nonconforming uses to continue in operation, pursuant to Sec.
10.3.2(A), and to allow maintenance, repair and renovations of zoning nonconformities,
pursuant to Sec. 10.3.2(B) and 10.3.4(A) of the UDO. Notwithstanding these provisions, the
Settlement Agreement, agreed to by the parties, sets forth an amortization period, after which
mining operations on the Property shall cease. The combined effect of the diminishing assets
doctrine and the amortization is that, after the current reserves are mined — at the earlier of thirty -
eight (38) years or the removal of 30 million tons of Aggregate — the lawful nonconforming use
status of the quarry will end. This is consistent with the policy objectives of the City of Raleigh.
As previously indicated by Zoning Inspector Supervisor Larry Strickland in a December 3, 1945
letter to the NC Division of Environment and Natural Resources, "so long as the changes and
additions are only aimed at maintaining the general current magnitude of use, then [replacement
equipment at the quarry] would be in compliance" with City zoning ordinances. This is
consistent with this Zoning Interpretation/Determination that the proposed renovations,

Page 15 of 15
maintenance, and repairs, as described above, are permitted by UDO Sections 10.3.2(B.),
10.3.4.(A.) and 10.3.4.(E).
The terms of the Settlement Agreement do not constitute an expansion of a nonconforming use
that would require a special use permit. No special use permit is required for the matters
described in the Settlement Agreement. Accordingly, the improvements contemplated for
Crabtree Quarry by the Settlement Agreement are allowed and authorized as a continuation of a
lawful nonconformity during the amortization period, consistent with applicable sections of the
UDO cited above.

Instrument prepared by:
Brief Description for Index:
Parcel Identifier:
Mail after Recording to:
Raleigh City Attorney's Office and Styers, Kemerait
& Mitchell, PLLC
Duraleigh Road
REID9 0069748; 0039195
City Attorney's Office,
PO Box 590, Raleigh, N.C. 27602
STATE OF NORTH CAROLINA
COUNTY OF WAKE
OPTION TO PURCHASE REAL ESTATE
This OP'T'ION TO PURCHASE REAL ESTATE ( "Option ") is made and given this
day of ".%" 2014, by and between HANSON AGGREGATES SOUTHEAST LLC, a
Delaware limiied liability company (`Hanson "), to the CITY OF RALEIGH, a North Carolina
municipal corporation, hereinafter referred to as the "City ", collectively referred to in this
instrument as the "Parties
BACKGROUND STATEMENT:
WHEREAS, Hanson owns certain .real property situated in the vicinity of Crabtree and
Richland Creeks; adjacent to Duraleigh Road in Raleigh, NC described as PIN 0786349208
(REID 0069748) and 786554037 (REID 0039195), and more particularly described in Exhibit 1
attached (the "Property ");
WHEREAS, Hanson and the City have for an extended period been involved in a
dispute over Hanson's right to engage in aggregate quarrying activities over portions of the
Property; and
WHEREAS, Hanson and the City have, on FG6_rk AN q , 2014 entered into
a Settlement Agreement (the "Settlement Agreement" or "Agreement ") providing for certain

activities on portions of the Property, the conveyance of greenway easements and other property
rights to the City, and resolving other disputed matters; and
WHEREAS, provisions of the Agreement which touch and concern the Property have
been incorporated into Covenants, Conditions and Restrictions ( "Covenants ") imposed upon the
Property, which covenants have been recorded in Book Page Wake
County Registry: and
WHEREAS, the Agreement and recorded Covenants further provide that, following a
defined period of quarrying activities on the Property, the City shall have the option to purchase
the Property from Hanson, upon terms set forth in the Agreement:
WHEREAS, the Parties desire to memorialize this Option by instrument to be recorded
in the Wake County Registry.
NOW THEREFORE, in consideration of the Recitals, the mutual rights and obligations
of the Parties as set forth in the Settlement Agreement, and the sum of ten dollars ($10.00), the
receipt and sufficiency of which are hereby acknowledged, Hanson does hereby give and grant
to the City the EXCLUSIVE OPTION to purchase all of the property, together with
improvements, located in Wake County and more particularly described as follows:
See Exhibit 1, attached.
The Terms and Conditions of this Option are as follows:
Option Period. A period of time commencing upon the Release of Hanson's
Reclamation Bond (as referenced and described in the Agreement and recorded
Covenants) and ending ninety (90) days thereafter.
2. Exercise. At any time during the Option Period (or any extension of the Period as the
Parties may agree), the City may exercise this Option by transmitting to Hanson written
Notice of its Exercise of Option by hr,i nd delivery, or by certified mail, return receipt
requested.
Purchase Price. If this Option is exercised by the City, the purchased price for the
Property shall be ten dollars ($10.00).
4. Access and Tests: Hanson hereby grants to the City and its agents, employees, and
contractors a License during the Option Period to enter upon the Property for purpose of
performing inspections, surveys, borings, and other investigations of the Property.
4. Title, The City shall be entitled to receive a good and marketable title to the Property,
free and clear of all liens, encumbrances, leases, conditions or restrictions, excepting: (1)

ad valorem taxes for the current year, to be prorated between the Parties on a calendar
year basis to the Settlement date; and (2) easements and rights of way of record which
do not materially affect the value or usability of the Property; and (3) other title
exceptions consented to by the City.
5. Settlement. Upon the City's exercise of its purchase option, settlement of the purchase
shall be made at such place and time as the parties may agree.
6. Agents and Brokers. Hanson and the City represent to each other that neither have
engaged the services of any real estate agent or broker in connection with this Option,
nor taken any action giving rise to claims for fees or commissions by real estate agents
or brokers in connection with this Option.
7. Notices: All notices required to be given hereunder shall be given and directed as
follows:
To Hanson: Hanson Aggregates Southeast LLC
2310 Parklake Drive, Suite 550
Atlanta, Georgia 30345
To the City: City of Raleigh
Office of the City Attorney
One Exchange Plaza, Suite 1020
Raleigh, NC 27601
8. Assignment: The Option to purchase the Property may be assigned by the City. This
Option shall run with the Property, inure to the benefit of the Parties, and be binding
upon their successors and assigns.
9. Termination. This Option shall terminate at the expiration of the Option Period
(including any agreed upon extension) and shall in any event terminate on or by January
30, 2058.
10. Entire Agreement. This instrument contains the entire option agreement regarding the
Property, and supersedes all prior and contemporaneous negotiations, communications,
and understandings, written or oral, between the Parties. This Option shall not be
amended or modified unless set forth in a written instrument executed by the parties and
recorded in the land records of Wake County.

IN WITNESSETH WHEROF, the Parties have duly executed this instrument by the signature
of their respective officers, with property authority, as the act and deed of the respective entities,
the day and year first above written.
HANSON AGGREGATES SOUTHEAST LLC
By: SEAL
Its: r

m
PROPERTY
D ' CRIP PP
PROPE 2w ON APPROVED:
Public Works DirecEr/
THE CITY OF RALEIGH
ATTEST:
Its:
APPROVED AS TO FORM:

STATE OF ICI QOfOJ1._.._ ................._. --------
COUNTY OF, k "( ACKNOWLEDGEMENT
This is to certify that on the day of �Q v a� 201 � before me
personally came N6 S V40,(6- wit4l whom I am personally
acquainted, who being be me duly sworn, says that (s) he is the
j (Q 9(L9-,)j Lj -t nB+rG,1 Hof Hanson Aggregates Southeast
LLC , the limited liability company and pl4ncipal named in the foregoing instrument; that
the name o the ompany was subscribed thereto by the said
and that the instrument is the act and deed of the
limited liability c mpany.
Witness `rr % ft official seal this the ���'-� day 8" UO-+� 20
`Z
�! kitES
a�o
(SEAL GEORGE Notar L pu lic
$, .. 9, 2016 =
so
d.� s
%,- 40 (notary's printed name)
racada�os��sats Q
My Commission Expires:

NORTH CAROLINA
COUNTY OF WAKE
CITYIMANAGER
ACKNOWLEDGEMENT
This is to certify that on the 3 day of r1F-B , 20 N, before me personally came Gail
G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is
the City Clerk and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing; that she knows the
corporate seal of the municipal corporation; that the seal affixed to the foregoing instrument is
the corporate seal, and the name of the municipal corporation was subscribed thereto by the
City Clerk and Treasurer and that the official corporate seal was affixed, all by order of the
governing body of the municipal corporation, and that the said instrument is the act and deed of
the municipal corporation.
WITNESS my hand and official seal this the day of , 204.
(SEAL)
My Commission Expires: 00 . I L ADO g

EXHIBIT 1
BEING that property and area located in Wake County, comprising 112.599 acres, more or less,
bounded on the east by Duraleigh Road (SR# 1664); on the south by property of the State of
North Carolina•, on the west by that parcel owned now or formerly by the Hampton
Development Co. LLC (DB 11903, Page 91, WCR); and on the north by that property owned
now or formerly by CND Duraleigh Woods LLC (DB12929, P1482 WCR), being that property
described in Exhibit 3 of the referenced Settlement Agreement, and as further located and
described by the plat attached hereto as Exhibit 1 -A.
REID 69748, and REID 0039195

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Exhibit 7
BLASTING DAMAGE PROTECTION PROGRAM
This Blasting Damage Protection Program is for the benerit of and may be enforced by
persons owning structures within parameters set forth herein.
Notice of Claim
If the owner of any structure located within 250U feet of any blasting at Crabtree Quarry
by Hanson Aggregates Southeast, LLC ( "Hanson ") believes that such blasting has damaged such
structure they shall be entitled to arbitration of such claim at their election. The arbitration
program set forth herein shall be initiated by sending written notice of the claim to Hanson and
demanding arbitration. All written notices required by the above shall be sent to: Hanson
Aggregates Southeast, LLC, 2310 Parklake Drive, Suite 550, Atlanta GA 30345. Attention: Vice
President.
Protocol for Investigating Claims
After an owner files a claim, the following protocol will be followed:
1. On -site inspection of home
An on -site interview between an independent structural or blasting engineer and the homeowner
will take place to determine history of the structure and when problems first appeared. An initial
walk through of the structure with owner to identify major areas of concern will take place.
Video or digital image documentation of all observed structural and cosmetic cracks, separations
and distortions will be made. Documentation will include the interior and exterior of the
structure, including any attic, basement and crawl space. Crack widths, lengths and penetration
depths will be measured as determined by the inspector. Doors and windows will be checked for
functioning, floors checked for leveling and mitered corners checked for separations. A diagram
will be made showing the layout of the structure, on which the location of cracks will be noted.
2. On -site review of quarry blasting practices
The independent structural or blasting engineer will conduct an on -site interview with the quarry
manager to determine the quarry's blasting practices and procedures. A tour of the quarry with
the manager will be undertaken to see active blast areas and evaluate field conditions and
blasting practices. Blasting records for the past three years will be reviewed. All seismic records
in the surrounding community for the past three years will be reviewed and particularly those
from the time when the damage is alleged to have occurred. The validity of blasting permits will
be checked with the Fire Marshall along with the history of any violations. The quarry manager
shall make data requested by the blasting engineer with respect to blasting available.
3. Analyze information obtained
,SK009958.DOC 2 1

The independent structural or blasting engineer will conduct a review of the digital images, video
and field notes pertaining to any pre -blast survey. The independent structural or blasting
engineer will undertake a review of the blast design parameters to verify if they were in
compliance with approved standards and will review all seismic data to assess whether they
exceeded any local ordinances, state, or federal regulations pertaining to the maximum allowable
legal limits. The distance from the structure to the blast zone as well as the distance from the
monitoring location will also be determined. The independent structural or blasting engineer will
review all seismic data to assess whether they exceeded the breaking strain of the weakest
structural member in the construction of the structure. This analysis will include a comparison of
the data against known governmental damage criteria for comparable structures. A final written
report will be prepared and sent to both the structure owner and Hanson.
4. Meeting with owner
Following the issuance of the report, the independent structural or blasting engineer will meet
with the owner of the structure to review the report. If it is determined that blasting is the cause
of the damage to the structure, Hanson will be responsible for the necessary repairs to the
structure. Once Hanson has had the opportunity to review the report it will contact the owner to
initiate the repair process. First, the owner and Hanson shall agree to the necessary repairs to be
made, based on the findings in the report. Then, the owner shall obtain three quotes from
licensed contractors to complete the repairs. Hanson and the owner shall agree on the contractor
to be hired. Hanson will be responsible for paying the repair bill, which shall not exceed the fair
market value of the home or structure.
If it is determined that the damage is not attributable to the blasting, the independent structural or
blasting engineer will explain to the owner the likely cause of the observed cracking. The
independent structural or blasting engineer may also make repair recommendations, if any are
necessary. In addition, the independent structural or blasting engineer will attempt to distinguish
between cosmetic issues and structural issues.
Arbitration Program
If the parties are unable to agree on a resolution of the claim, they shall select a qualified
engineering or blasting professional to arbitrate the claim. Neither Hanson nor the owner of the
structure shall be represented by counsel during the arbitration, unless the owner elects to be
represented by counsel, in which case Hanson may retain counsel, as well.
The arbitrator shall be entitled to award such damages to the owner as may be necessary
to complete the necessary repairs and to cover any other costs incurred by the owner to repair
any damage which the arbitrator attributes to blasting. If the arbitrator determines that the
damages are attributable to blasting by Hanson, Hanson shall pay all costs of the arbitration.
Otherwise, the cost of arbitration shall be split equally between the parties. In no event shall
Hanson be responsible for paying more for repairs than the then current market value of the
structure, assuming no blasting damage had occurred.
Nothing herein shall require an owner to use the arbitration program. However, should
an owner initiate the arbitration program, the arbitrator's decision shall be final and legally
binding.
,SK009958.DOC 2 }

Crabtree Quarry Dust Control a s ce Plan
Facility Name: Crabtree Quarry
Facility Location, 5001.Duraleigh Road- Raleigh NC 26612
'if ovem' )
1. INTRODUCTION
This document is intended to create and implement a written Dust Control Guidance
Plan to minimize dust emissions from fugitive sources at Crabtree Quarry, including
customer and plant haul roads and stockpiles.
Crabtree Quarry relied upon North Carolina Division of Air Quality's (NC DAQ)
generalized air dispersion modeling for rock quarries which demonstrates compliance
with the ambient air quality standards for total suspended particulate (TSP) and
particulate matter with an aerodynamic diameter of less than 10 microns (PM -10).
The Dust Control Guidance Plan provides control methods that will be used at the
Crabtree Quarry to reduce fugitive dust emissions in a manner that is consistent with
the modeling. The plan has three components. dust emissions control methods;
application of dust emissions control methods at Crabtree Quarry; and staff training.
2. DUST EMISSIONS CONTROL METHODS
Every reasonable action will be taken to prevent the occurrence of excess fugitive
dust from any source that is likely to leave the property boundaries of Crabtree
Quarry. Preventive actions may include dust control, such as wet suppression, the use
of crusting agents, or the reduction or cessation of the activities creating the dust until
meteorological conditions improve.
Wet suppression, using water to control the generation of dust, is the predominate
method of suppressing dust emissions at Crabtree Quarry. By increasing the moisture
content, finer materials agglomerate into larger particles. Increasing the moisture
content enables the production of finer materials, naturally or mechanically. Rainfall
serves the important function of naturally increasing the moisture content of unpaved
road surfaces and stockpiles. Moisture content can also be increased through the
mechanical application of water. The amount of water required to sufficiently control
emissions is dependent primarily on the characteristics of materials, ambient
conditions, and mining operation activities occurring in the area.
If stockpiles of fine aggregates generate dust emissions on a regular basis then the use
of surface crusting agents may be employed. Crusting agents will create a solid
(SK006819.DOC 6 ) 1

surface on the stockpile reducing the likelihood of dust being generated by wind
erosion. When used, crusting agents are re- applied every six months.
. APPLI[CATION OF DUST EMISSIONS I CONTROL TROL ETH I) AT
Areas within the aggregate plant at Crabtree Quarry that have the potential to
generate non - process fugitive emissions include: the pit, roads, and stockpiles.
3.1. Pit
Fugitive emissions are generated in the pit during the loading of the raw
materials into trucks. Generally, the material being excavated in the pit has high
moisture content and fugitive dust emissions from these processes are inherently
low. If fugitive emissions are generated during loading, the shot rock in the
quarry will be wetted by the water truck.
3.2. a Roads
The Dust Control Guidance Plan addresses the two types of haul roads at the
Crabtree Quarry: Pit Haul Roads and Customer Haul Roads.
In general, haul roads are constructed of aggregate materials that have been
processed at the plant. Haul road emissions are generated by the disturbance of
dust caused by moving traffic.
3.2.1. Pit Haul Roads are constructed of aggregate materials that have been
processed at the plant and are unpaved. Haul road emissions are generated by the
disturbance of dust on the surface of the haul road caused by moving traffic.
These haul roads are only used by internal plant traffic. Haul road emissions are
controlled by regular use of the water truck to wet down the surface of the haul
road. The frequency of wetting of the haul roads is determined by daily weather
conditions and the volume of truck traffic. In hot, dry conditions, active roads
will be watered approximately every four hours. The roads will be watered
more frequently if fugitive dust emissions are visible.
3.2.2. Customer Haul Roads support higher daily traffic rates than Pit Haul
Roads and consist of both paved and unpaved surfaces. The paved Customer
Haul Roads generally have the higher traffic volumes and do not generate
fugitive emissions. Both paved and unpaved Customer Haul Roads are wetted on
a regular basis to control fugitive dust emissions. The frequency of wetting of the
haul roads is determined by daily weather and truck traffic conditions. In hot, dry
conditions, active roads will be watered approximately every four hours.
The roads will be watered more frequently if fugitive dust emissions are visible.
(sK006919.DOC 6 ) 2

3.3. Llrocessing Plan
The processing plant at Crabtree Quarry consists of a series of conveyors that feed
stone into crushers and screens before final sized products are stockpiled
3.11. Crushers — crushers are fitted with high pressure fine mist wet
suppression nozzles at the inlet and outlet to control the generation of dust. The
use of high pressure fine mist nozzles ensure that the water is delivered in a fine
spray to agglomerate the dust rather than soaking the crusher discharge. Spray
nozzles are inspected on a regular basis to ensure they are operating correctly.
Any nozzle not working correctly is replaced immediately upon discovery.
3.3.2. Screens — Dry screens and scalping screens can be fitted with high
pressure fine mist wet suppression nozzles and the outlet to control the generation
of dust if needed. These screens are generally not fitted with spray nozzles as they
clog easily if the material is too wet. Carryover moisture from conveyor transfer
points to control dust functions to control dust on the screens. The use of high
pressure fine Waist nozzles ensures that the water is delivered in a fine spray to
agglomerate.
3.33. Wash Screen — The wash screen is fitted with several banks of spray
nozzles designed to deliver a high volume of water to sufficiently wash the stone.
Once the stone is discharged frorrr the wash screen no further dust control is
needed.
3.3.4. Conveyor Transfer Points — Several conveyor transfer points throughout
the processing plant are fitted with high pressure fine mist wet suppression
nozzles and the transfer point between two conveyors to control the generation of
dust. The use of high pressure fine mist nozzles ensures that the water is delivered
in a fine spray to agglomerate the dust. Spray nozzles are inspected on a regular
basis to ensure they are operating correctly. Any nozzle not working correctly is
replaced immediately upon discovery.
3.4. Stoc files
Finished and partially processed stone products are stored in stockpiles
throughout the Crabtree Quarry. For the purposes of this Dust Control Guidance
Plan, stockpiles are split into two categories: washed stone and unwashed stone
stockpiles.
3.4.1. Washed Stone Stockpiles Dust emissions from washed stone
stockpiles may result from both wind erosion and material loading (i.e.,
mechanical disturbance). Washed stone has been saturated with water prior to
stockpiling, which reduces the dust on the material surface and provides high
{SK006819.DOC 61 3

moisture content in the stockpiles. Thus, there is no need for additional dust
control measures.
3.4.2. Unwashed Stone Stockpiles Unwashed stone includes surge material
from the primary crusher, rip rap, run of crusher, etc. Dust emissions from
unwashed stone stockpiles may result from wind erosion. Little or no dust
emissions are generated from material handling at these stockpiles as most
material handling is by conveyor using an enclosed conveyor drop. If the need
for additional controls arises the water truck is used to wet down the stockpiles.
4. STAFFT'1WN1NG
All employees at Crabtree Quarry are responsible for ensuring that dust suppression
controls are in place and working at all times. As part of the routine safety and
environmental training program implemented at Crabtree Quarry, every employee
will be made aware of the Dust Control Guidance Plan. If it is found that the Dust
Control Guidance Plan is not working as designed it will be modified and re- issued.
A copy of the Dust Control Guidance Plan shall be maintained in the main office.
{SK006819.DOC 6 1 4

Instrument prepared by: Raleigh City Attorney's Office and Styers, Ken►erait &
Mitchell, PLLC
Brief Description for Index: Crabtree Creek
Parcel Identifier: PIN #0786 -51 -2559; PIN#0786 -62 -0033
Project Name: Crabtree Creek Greenway
Mail after Recording to: City Attorney's Office
P.O. Box 590
Raleigh, NC 27602
STATE OF NORTH CAROLINA
WAKE COUNTY DEED OF EASEMENT TO THE CITY OF
RALEIGH FOR CONSERVATION AND
GREENWAY PURPOSES AND
RESERVATION OF RIGHTS
THIS DEED OF EASEMENT is made this qt% day of FGlrru^a , 2014, (the
"Effective Date ") by HANSON AGGREGATES SOUTHEAST LLC, a Delaware limited
liability company with an address of 2310 Parklake Drive, Suite 550 Atlanta, Georgia 30345,
hereinafter referred to as "Hanson" or the "Grantor ", to the CITY OF RALEIGH, a North
Carolina municipal corporation with an address of P.O. Box 590, Raleigh, NC 27602,
hereinafter referred to as the "City." The Grantor and the City are at times referred to herein as
"Party" or "Parties."
W THE SETH:
WHEREAS, the City of Raleigh has established and presently operates the Capital Area
Greenway Program, which has as its purposes the conservation of natural, scenic, or
ecologically valuable properties (generally known as "greenways "), and the development and
provision for public use of paved or unpaved trails ( "greenway trails ") within such properties;
and
;sKQl2l75.DOC2 }

WHEREAS, the Grantor is the owner in fee simple of certain real property, more
particularly identified as PIN 0786 -34 -9208, 0786 -51 -2559 and 0786 -62 -0033 (the "Property ");
and
WHEREAS, the Property is subject to that certain permit number 92 -03 for the
operation of a crushed stone quarry issued by the North Carolina Department of Environment
and Natural Resources (the "Mining Permit "); and
WHEREAS, certain areas of the Property have conservation, ecological, and
recreational values in their present state, which values should be preserved and maintained for
use as a public greenway and greenway trail; and
WHEREAS, the City has planned to construct, and intends to make available for public
use, the Crabtree Greenway Trail (the "Project" or "Greenway Project "), portions of which are
to be located on areas of the Property; and
WHEREAS, the Grantor and the City have entered into a Settlement Agreement dated
2014 ("Settlement Agreement ") in order to resolve a longstanding legal dispute
concerning quarrying activities permitted on the Property, the resolution of such matters having
implications for the location of greenway trails and easements to accommodate such trails; and
WHEREAS, pertinent provisions of the Settlement Agreement are incorporated into
that Declaration of Covenants, Conditions, and Restrictions ( "Declaration of Covenants ") dated
, and recorded in Deed Book/ 3370, Page Wake County Registry; and
WHEREAS, in furtherance of the above - stated environmental and conservation
objectives and the Greenway Project; in accordance with terms of the referenced Settlement
Agreement; and subject to the conditions, terms and restrictions hereof, Hanson has agreed to
convey to the City this non - exclusive conservation and greenway easement (the "Easement ")
over portions of the Property, (the "Easement Area") and the City has agreed to accept such
Easement; and
NOW, THEREFORE, in consideration of the Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, and in further
consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth,
the Grantor has bargained and sold, and hereby sells, grants and conveys to the City, its
successors and assigns forever, a Conservation and Greenway Easement of the nature and to the
extent hereinafter set forth, in and over the lands of the Grantor described as follows:
See Exhibit X, attached.
The terms, conditions and restrictions of this Easement are as follows:
{SK012175.DOC 2 12

ARTICLE I. PURPOSE AND USES
1. The purpose of the Easement is to preserve, protect, and maintain the Easement Area as
an undeveloped and natural area, while allowing certain recreational uses.
2. The qualities of the Easement Area 'intended to be protected under this Easement include
conservation of the natural heritage of the area; water pollution control and abatement,
ecological preservation; wildlife habitat management; preservation of the visual amenities of the
Easement Area; preservation of a natural ecosystem; and provision of a recreation resource to
members of the public.
3. Subject expressly to those terms, conditions, and restrictions set forth herein, the
Easement Area shall remain in its present, natural, and undeveloped state as a conservation and
recreation use area.
4. The Citv shall incorporate the Easement Area as a component of the Capital Area
Greenway System of the City. Members of the general public shall have free access to and use
of the Greenway Easement, subject to the laws and ordinances of the City of Raleigh, and for
the purposes allowed under the official Greenway Program of the City, including walking,
educational tours, scientific study of the Easement Area and its natural ecosystems, hiking, bike
riding, jogging and picnicking. Such uses of the Easement shall all be in accord with the Capital
Area Greenway Plan and Program. .
5. The City may construct paved or unpaved greenway trails within the Easement Area,
and facilities incidental to and for the convenience of users of the greenway trail, such as
observation platforms, boardwalks, bridges, ramps, litter receptacles, canoe accesses, benches
and similar convenience facilities.
6. The City shall have the right and duty to maintain the Easement Area in a clean, natural
and undisturbed state, consistent with the Capital Area Greenway Plan and Program.
7. There shall be no access by the City, the State, or the public at large granted by this
Easement to any other property of the Grantor, save that described and conveyed herein.
8. The Grantor shall remain the fee owner of the property subject to this Easement and as
such, may use and enjoy the Easement Area for purposes not inconsistent with terms of this
Easement. More specifically (by way of illustration and not limitation), the Grantor shall enjoy
rights and entitlements of fee ownership for purposes of applicable land use regulations
(including measurement of building setback distances, density credit transfers, and similar
regulations); the payment of taxes on the property; and other applicable laws and ordinances.
iSK012175.DOC 2 }3

ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES;
EXCEPTED AND RESERVED RIGHTS
Activities Prohibited.
Any activity on, or use of, the Easement Area inconsistent with the purposes of this
Greenway Easement is prohibited. (By way of illustration and not limitation) the following
activities and uses of the Easement Area are expressly prohibited:
1. Industrial and Commercial Use. Industrial and commercial activities of any type, and
ingress and/or egress for such purposes are prohibited.
2. Agricultural. Timber Harvesting. Grazing and Horticultural Use. Agricultural, timber
harvesting, grazing, horticultural and animal husbandry operations are prohibited.
3. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or
removal of trees, or disturbance of other natural features, including plant and animal life, except
for the following: (1) as incidental to boundary marking, fencing, signage, construction and
maintenance of greenway trails and related convenience facilities, and public accesses allowed
hereunder; (2) selective cutting and prescribed burning or clearing of vegetation, and the
application of approved pesticides for fire containment and protection, disease control,
restoration of hydrology, wetlands enhancement and/or control of non - native plants; and (3)
hunting and fishing, (otherwise permitted by law or ordinance) pursuant to applicable rules and
regulations.
4. Construction of Buildings, Structures;_ Signa�4e. There shall be no constructing or placing
of any building, mobile home, asphalt or concrete pavement, billboard or other advertising
display antenna, utility pole, tower, conduit, line, pier landing, dock or any other temporary or
permanent structure or facility on or above the Easement area, except for the following: Placing
and display of no trespassing signs; state or federal traffic or similar signs; greenway trail signs;
for sale or lease signs; signs identifying the conservation values of the Easement Area, and /or
signs identifying the Grantor as the owner of the property and the City as holder of this
Easement; educational and interpretive signs, identification labels or any other similar
temporary or permanent signs, as approved by the City; and installation and maintenance by the
City of perimeter fencing along the Greenway, in accordance with terms of the Settlement
Agreement and recorded Declaration of Covenants.
5. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand; gravel, rock, peat, or other minerals; and no
change in the topography of the land in any manner except as necessary to prevent erosion or
incidental to Greenway Trail construction and management, or conservation management
activities otherwise permitted by this Easement.
6. Wetlands and Water Quality. There shall be no pollution or alteration of water bodies
and no activities that would be detrimental to water purity or that would alter natural water
, 012175.DOC 2 }4

levels, drainage, sedimentation and/or flow in or over the Easement Area or into any surface
waters, or cause soil degradation or erosion, nor diking, dredging, alteration, draining, filling or
removal of wetlands, except activities to restore natural hydrology or wetlands enhancement as
permitted by the State and any other appropriate authorities.
7. Dumping. Dumping of soil, trash, garbage, waste, abandoned vehicles, appliances,
machinery, or other materials on the Easement Area is prohibited.
8. Noise Dust and Vibration Except . The Grantor expressly excepts from the provisions
of the Greenway Easement and, for its successors and assigns, expressly reserves the right to
cause vibrations, noise, dust, particulates, debris, and other similar materials and odors to be in
the air above, descend upon, go across, or go through the Easement Area, and in general to
subject the Easement Area to all similar consequences arising from the location and operation in
the vicinity of the Easement Area of any the Crabtree Quarry and related activities, including
without limitation equipment operation and truck traffic at, to and from Crabtree Quarry. By
accepting this grant of Greenway Easement, the City hereby subordinates its rights under the
Greenway Easement to those of the Grantor relating to noise, dust, and vibration as enumerated
above ( "Noise, Dust, and Vibration Exception "). Notwithstanding the foregoing, nothing
contained herein shall be construed to allow Grantor's vehicles, equipment, employees or
customers to physically enter the Easement Area or to conduct mining operations thereon. This
Noise, Dust and Vibration Exception shall terminate upon the expiration of the Reclamation
Period, as defined in the Settlement Agreement and recorded Declaration of Covenants.
ARTICLE III. ENFORCEMENT AND REMEDIES
1. The City shall have authority and responsibility for enforcement of the terms of this
Easement. Any forbearance by the City to exercise rights hereunder in the event of breach of
any term, condition, or restriction shall not be deemed or construed to be a waiver of any right
of enforcement. No delay or omission by the City in the exercise of any right or remedy shall
impair such right or remedy, or be construed as a waiver.
2. No provision of this Easement shall be construed or applied to limit the rights of, or
remedies available to, the Parties under terms of the referenced Settlement Agreement and
Declaration of Covenants. In the event of ambiguity or inconsistency between provision of this
Easement and the Settlement Agreement, the latter shall prevail.
3. The City may provide for the day -to -day inspection, oversight, and enforcement on the
Easement Area of its rules governing activities and uses of City -owned parks, including
property comprising a part of the City's Greenway system. Such inspection, oversight, and
enforcement will be the responsibility of the City Police personnel. In addition to such control
and oversight over the Easement by City Police, other officers of the City, their employees,
agents and successors and assigns, shall have the right to enter the Easement Area for the
purpose of inspecting such area to assess compliance with the various terms, conditions, and
restrictions of the Greenway Easement.
{SK012175.DOC 2 ) 5

4. Upon breach of any of the terms and conditions of this Easement by the Grantor, or
anyone acting for or under authority of the Grantor, the City shall, except as provided below,
notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of
such notice to correct any conditions constituting such breach. If the breach remains uncorrected
after 30 days, the City may enforce the terms of this Easement by any appropriate Iegal
proceedings, including actions for damages, injunctive, and other relief. In addition, the City
shall also have the further power and authority to:
(a) immediately abate or prevent any impairment or degradation of the property
subject to the Easement by acts which may be unlawful or otherwise in violation
of this Easement; and
(b) otherwise preserve or protect its interest in the Easement Area; and
(c) seek damages from any appropriate person or entity.
i. GeneraI Reservation of Rights. The Grantor expressly reserves the right to continue the
use of the property subject to the Easement for all purposes not inconsistent with terms of the
Easement.
2. Fencing E. of Duraleigh Road. The City shall secure any portion of the Easement Area
in which greenway trails are constructed with fencing acceptable to Grantor. The minimum
standard shall be a six (6) foot high chain link fence.
3. West of Duraleigh Rd.; Security, Safety; Design Elements. the parties acknowledge
that, prior to the City's Access Date under terms of the Settlement Agreement, those portions of
the Easement Area located west of Duraleigh Road are in proximity to active mining operations,
including periodic blasting events, and are immediately adjacent to other quarry - related
activities. Accordingly, in the design and construction of any greenway trail improvements in
the Easement Area west of Duraleigh Road, the following further conditions shall apply:
a. In the design and construction of the greenway trail in this area (which will consist
of a series of trail switchbacks), the paved greenway trail will be located as far
from the quarry - related activities (southerly and eastward) as practicable. The
City's proposed design for this trail section shall be subject to review by and
consultation with Hanson prior to its final adoption.
b. Fencing and/or enclosures in this area and west of the paved trail shall be located as
close as possible to the paved trail, consistent with the City's standard greenway
design and construction practices.
{SKO1217s_DOC 216

c. In that portion of the easement area west of the fencing and /or enclosures, Hanson
shall be permitted to plant landscape screening material.
d. Within the easement area, the City may install trees, shrubs, and other landscape
materials and improvements as a vegetative buffer between the trail and Duraleigh
Road and for the visual enhancement of the greenway trail.
e. The City shall incorporate vertical and horizontal barriers and/or enclosures
( "security and safety improvements ") sufficient to contain within, and assure the
safety of, all users of the greenway trail in this portion of the Easement Area. Such
security and safety improvements shall be subject to prior approval as to design by
Hanson (such approval not to be unreasonably withheld), and the City shall
cooperate and consult with Hanson in the design of such security and safety
improvements. The minimum standard for the fencing shall be eight (S) foot high
chain link fencing with three (3) foot high top guards that curve to the inside of the
greenway area.
f. With respect to the greenway easement and trail improvements west of Duraleigh
Road, Hanson shall have the right to: (i) remove and prosecute persons on the
greenway during periods when the greenway is not open to the public and at times
when the greenway is open to the public if such persons are creating a safety or
security risk for Grantor; and (ii) implement such other reasonable security
measures as it deems necessary and appropriate or as may be required by its
insurance carrier; provided, however, Grantor will provide a minimum of thirty (30)
days prior written notice to the City prior to installing or implementing additional
security measures.
4. City's Covenant and Indemnity. To the extent authorized by law, the City agrees to hold
the Grantor harmless from liability for personal injury or property damage arising out of the use
of the Easement for Geeenway purposes; provided the Grantor shall not be held harmless from
liability caused by the active fault or negligence of the Grantor, or instrumentalities of the
Grantor, its agents, invitees, or contractors; or by acts of the Grantor, its agents, invitees, or
contractors which violate the terms and conditions of this Easement. The parties acknowledge
that the authority of a municipality to indemnify against claims has not been established by any
N.C. statute or court decision.
5. Jurisdiction and Venue. In the event of any dispute arising under terms of this Easement.
jurisdiction shall be in the courts of North Carolina, and venue shall be in Wake County.
6. Severability. If any provision of this Easement is declared void, invalid or otherwise
unenforceable for any reason by a court of competent jurisdiction, the remaining provisions
shall continue to be fully effective and enforceable, it being the express intent of the Parties that
the provisions hereof be Severable.
tSK012175.DOC 2 } 7

THE EASEMENT interest herein described and conveyed does not include a primary
residence of the Grantor.
TO HAVE AND TO HOLD the right, privileges, and easements herein granted to the
City, its successors and assigns forever. The Easement shall run with the land as a perpetual
servitude, and shall be binding upon the Grantor and its agents, successors, and assigns forever.
AND THE GRANTOR COVENANTS that it is vested of the Easement, and has the
right to convey the same; that the same is free from encumbrances except as hereinafter stated,
and that the Grantor will warrant and defend title to the same against the claims of all persons
whomsoever.
Subject to easements, restrictions, and encumbrances of record.
IN WITNESSETH WHEREOF, the Grantor has duly executed the foregoing
instrument in the name of the limited liability company, by the signature of its
V fn -erof 4�ffi .rx, -elms the act and deed of the limited liability company, and the City
has executed the instrument in its corporate name, by the signature of its City Manager, attested
by its City Clerk- Treasurer, for the purpose of giving and memorializing its consent thereto, all
on the day and year first above written.
HANSON AGGREGATES SOUTHEAST LLC
I3y• (SEAL)
Its: t U Wo6s�zdt (Znttuak�
{5KO12175.DOC 2 ) 8

PROPERTY S RI TION APPROVED
r �
Public Works Dir et
Consented to:
CITY OF RALEIGH
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APPROVED AS TO FORM:
1SKO[2175.DoC 2 ;9.
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STATE OF G QO CgI G-
......... ......
COUNTY OF
........ ..........................._.._
ACKNOWLEDGEMENT
This is to certify that on the ' 3 5 � t day of �wi , 201q before me
personally came C1nfiS , m I am personally
acquainted, who, be'"g, me d ly sworn, says that (s) he is the
V f2 f l c�Q !� ( of
Hanson Aggregates outheast, LLC , the i>Lnited liability company and principal named in
the foregoing instru ent, that t name of the company was subscribed thereto by the
said , 4 ( i (�.� and that the instrument is the act and deed of
the limited liability company.
Witness m and official seal this the�r' day of �QiiUU _._, 20A.
�y ®x ft
1R.E8 r
(SE 4) E�}1Cs 4 _ .... iv l-1 [ he
SEPT 9, 2016 Soqanndr-,�OT, SS
s ® ® ® ® B y (notary's printed name)
® ®a ®rrrr y `
�t9inibt 39! \1 ® \\
My Commission xplres:
{SKOI2175.DOC 2 111

NORTH CAROLINA
CITY /MANAGER
COUNTY OF WAKE J� ACKNOWLEDGEMENT
This is to certify that on the J day of �tb 2014, before me personally came Gail
G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is
the City Clerk and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing; that she knows the
corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is
said corporate seal, and the name of the municipal corporation was subscribed thereto by the
City Clerk and Treasurer and that the official corporate seal was affixed, all by order of the
governing body of said municipal corporation; and that the said instrument is the act and deed of
the municipal corporation.
WITNESS my hand and official seal this the j day of Q y , 2014.
P L 0 ma ®g
1 A ? G;
(SEAL) oolt%'a
„pMnpnpol9R�p�
My Commission Expires:
t
ary Public
Notary's Printed Name
1 SKQ I z 175.I?oc 2 } 12

EXHIBIT 1
Being those easement areas identified as "NEW CITY OF RALEIGH GREENWAY
EASEMENT ", comprising 226,849 sq. ft. (5.21 acres) as shown and described on that
exhibit plat entitled, "EASEMENT ACQUISITION MAP FOR CRABTREE CREEK
GREENWAY ", sheet 1 of 3, 2 of 3, and 3 of 3, respectively, prepared by Stewart
engineering company, and attached as EXHIBIT 1-A.

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EXITS i
GRAVEL \
DRIVE �[
EXHIBIT 1 -A
L90 L9d_` '
F /
<g2C93 L98 EXISTING PERMANENT
5 DRAINAGE EASEMENT NORTH
(BM 2001, PG 1955)
�.•� NAD83(2011)
EXISTING PERMANENT
SLOPE EASEMENT
(BM 2001, PG 1955)
NEW CRY OF RALEIGH
GREENWAY EASEMENT
157,968 SF, 3.626 AC
BENCHMARK CAROLINA
f B ?
AGGREGATES. INC
�C >CP, �, DB 705D, PG 296
PIN 0786 -62 -0033
(15.34 ACRES PER RECORDS)
NEW CITY OF RALEIGH S
GREENWAY EASEMENT
(46,296 SF, 1.063 AC) \
' EXISTING PERMANENT
SLOPE EASEMENT
/ (BM 2001, PG 1955)
EXISTING PERMANENT ��
DRAINAGE EASEMENT
(BM 2001, PG 1955)
NEW GCFY OF RALEIGH
Z o GREENWAY EASEMENT
O z T p (22,585 SF, 0.519 AC)
2r �, N w EXISTING 40' CMAR
U W C7 WE SEWER EAS ENT
CL M m BENCHMARK CAROLINA (BM 1979, PG 0)
x Q �. D- AGGREGATES, INC
G= L`irnwm
Q LU a LU DB 1592, PG 361
m z_ m PIN 0786 51 -7559
U 0 E C (28.49 ACRES PER RECORDS)
m
CENTERLINE OF
v CRA13TREE CREEK
IS PROPERTY LINE
® GREENWAY EASEMENT
SEE SHEET 2 FOR
GENERAL NOTES
AND SHEET 3 FOR
LINE TABLES
SCALE: 1" =150'
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Vicinity Map:
NOt t0 Scale R DR
NORTH
CRABTREE CREEK
RICHLAND SITE
CREEK —V
DURALEtGH RD
LEGEND
A
SURVEY CONTROL POINT
[]ECM
EXISTING CONCRETE MONUMENT
F I T
COMPUTED POINT
Drawn By: R1AA/P
0.2% CHANCE FLOOD LINE
•-- • °--- -
-• °• 1 %CHANCE FLOOD LINE
b =vvV
FLOODWAY LINE
PROPERTY LINE SURVEYED
PROPERTY LINE NOT SURVEYED
EASEMENT LINE
® GREENWAY EASEMENT
SEE SHEET 2 FOR
GENERAL NOTES
AND SHEET 3 FOR
LINE TABLES
SCALE: 1" =150'
CA 04 �'•.
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JUNE T. F. TUNG f \ j'
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PIN 0786 - 517568 L62
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Vicinity Map:
NOt t0 Scale R DR
NORTH
CRABTREE CREEK
RICHLAND SITE
CREEK —V
DURALEtGH RD
10/25/13
EASEMENT ACQUISITION MAP FOR:
CRABTREE CREEK GREENWAY
Project No: GI 3026
Revised:
Scale: 1"=150'
Date:
F I T
MEREDITH TOWNSHIP, CITY OF RALEIGN
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Chesciced By: RVVP
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(157,968 SF, 3.626 AC) \ `
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DB 2204, PG 48 \
PIN 0786 -51 -7566 \
CENTERLINE OF
CRABTREE CREEK
IS PROPERTY LINE
t
THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
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GENERAL NOTES
1. THIS PLAT IS INTENDED TO REPRESENT CITY OF RALEIGH GREENWAY EASEMENTS ON A PORTION OF THE PROPERTY OF
BENCHMARK CAROLINA AGGREGATES, INC., PIN 0786 -34 -9208, AND IS NOTA BOUNDARY SURVEY. THIS SURVEY WAS PERFORMED
WITHOUT THE BENEFIT OF A TITLE REPORT AND THEREFORE ALL ENCUMBRANCES UPON THE PROPERTY MAY NOT BE SHOWN.
2. REFERENCES;
DEED BOOK 1592, PAGE 361
❑EEO BOOK 14831, PAGE 744
BOOK OF MAPS 1990, PAGE 765
BOOK OF MAPS 2001, PAGES 1953 -1955
3. HORIZONTAL DATUM IS NAD 83 (2011) AND VERTICAL DATUM IS NAVD88, BASED ON GPS METHODS USING REAL -TIME KINEMATIC
SOLUTIONS FOR THE SURVEY CONTROL POINTS SHOWN HEREON AND TIED TO NORTH CAROLINA GEODETIC SURVEY MONUMENTS
"ANNE LAKE 3" AND "PATROL 2 ".
"ANNE LAKE 3" "PATROL 2"
N 772886.53' N 747347.08'
E 2080781.95' E 2086727.63'
EL 376.96' EL 493.99'
4. THE INITIAL STATE PLANE POSTIONS FOR THIS SURVEY WERE SCALED FROM GRID TO GROUND FROM A PROJECT LOCATION OF
W760851.569' E:2084641.372', AN ELEVATION OF 361.55', USING A COMBINED FACTOR OF 0.99991835,
5. THE SUBJECT PROPERTY iS TONED PIN 0786 -34 -9209 "R -0" (RESIDENTIAL) AND PIN 078 8-30 -8569 "R -6" (RESIDENTIAL) PER THE WAKE
COUNTY GEOGRAPHIC INFORMATION SYSTEM.
7. THE SUBJECT PROPERTY LIES IN ZONES X (AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE AND FUTURE
CONDITIONS 1 % ANNUAL CHANCE FLOODPLAIN), X {SHADED) (AREA OF 0-2% ANNUAL CHANCE FLOOD; AREAS OF FUTURE
CONDITIONS 1% ANNUAL CHANCE FLOOD; AREAS OF 1 %ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT
OR WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1 %ANNUAL CHANCE
FLOOD), AE (AREA DETERMINED TO BE INSIDE THE 1 % ANN UAL CHANCE FLOOD, BASE FLOOD ELEVATIONS DETERMINED), AND
FLOODWAY (DELINEATED FLOODWAY OF A STREAM). BASED ON THE FLOOD INSURANCE RATE MAP COMMUNITY MAP NUMBER
3720078500J DATED MAY 2, 2006. FLOOD HAZARD LINES SHOWN HEREON ARE FROM NCFLOODMAPS.COM.
8. ADDRESS: 5209 DURALEIGH ROAD
EASEMENT ACQUISITION MAP FOR:
CRABTREE CREEK GREENWAY
STEWART MEREDITH] TOWNSHIP, CITY OF RALEIGN
WAKE COUNTY, NORTH CARO(JNA
Project No: G130261 Revised: 1116114
I Scale: V- -150'1 Date: 10125113E
Drawn By: RVVP W1419 NO:
Checked By: RWp OF
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NEW CITY OF RALEIGii `
GREENWAY EASEMENT
(157,968 SF, 3.626 AC) \ `
NIF y \
DAVID C. C. & �I
JUNE T- F. TUNG \ Fr
DB 2204, PG 48 \
PIN 0786 -51 -7566 \
CENTERLINE OF
CRABTREE CREEK
IS PROPERTY LINE
t
THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
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GENERAL NOTES
1. THIS PLAT IS INTENDED TO REPRESENT CITY OF RALEIGH GREENWAY EASEMENTS ON A PORTION OF THE PROPERTY OF
BENCHMARK CAROLINA AGGREGATES, INC., PIN 0786 -34 -9208, AND IS NOTA BOUNDARY SURVEY. THIS SURVEY WAS PERFORMED
WITHOUT THE BENEFIT OF A TITLE REPORT AND THEREFORE ALL ENCUMBRANCES UPON THE PROPERTY MAY NOT BE SHOWN.
2. REFERENCES;
DEED BOOK 1592, PAGE 361
❑EEO BOOK 14831, PAGE 744
BOOK OF MAPS 1990, PAGE 765
BOOK OF MAPS 2001, PAGES 1953 -1955
3. HORIZONTAL DATUM IS NAD 83 (2011) AND VERTICAL DATUM IS NAVD88, BASED ON GPS METHODS USING REAL -TIME KINEMATIC
SOLUTIONS FOR THE SURVEY CONTROL POINTS SHOWN HEREON AND TIED TO NORTH CAROLINA GEODETIC SURVEY MONUMENTS
"ANNE LAKE 3" AND "PATROL 2 ".
"ANNE LAKE 3" "PATROL 2"
N 772886.53' N 747347.08'
E 2080781.95' E 2086727.63'
EL 376.96' EL 493.99'
4. THE INITIAL STATE PLANE POSTIONS FOR THIS SURVEY WERE SCALED FROM GRID TO GROUND FROM A PROJECT LOCATION OF
W760851.569' E:2084641.372', AN ELEVATION OF 361.55', USING A COMBINED FACTOR OF 0.99991835,
5. THE SUBJECT PROPERTY iS TONED PIN 0786 -34 -9209 "R -0" (RESIDENTIAL) AND PIN 078 8-30 -8569 "R -6" (RESIDENTIAL) PER THE WAKE
COUNTY GEOGRAPHIC INFORMATION SYSTEM.
7. THE SUBJECT PROPERTY LIES IN ZONES X (AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE AND FUTURE
CONDITIONS 1 % ANNUAL CHANCE FLOODPLAIN), X {SHADED) (AREA OF 0-2% ANNUAL CHANCE FLOOD; AREAS OF FUTURE
CONDITIONS 1% ANNUAL CHANCE FLOOD; AREAS OF 1 %ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT
OR WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1 %ANNUAL CHANCE
FLOOD), AE (AREA DETERMINED TO BE INSIDE THE 1 % ANN UAL CHANCE FLOOD, BASE FLOOD ELEVATIONS DETERMINED), AND
FLOODWAY (DELINEATED FLOODWAY OF A STREAM). BASED ON THE FLOOD INSURANCE RATE MAP COMMUNITY MAP NUMBER
3720078500J DATED MAY 2, 2006. FLOOD HAZARD LINES SHOWN HEREON ARE FROM NCFLOODMAPS.COM.
8. ADDRESS: 5209 DURALEIGH ROAD
EASEMENT ACQUISITION MAP FOR:
CRABTREE CREEK GREENWAY
STEWART MEREDITH] TOWNSHIP, CITY OF RALEIGN
WAKE COUNTY, NORTH CARO(JNA
Project No: G130261 Revised: 1116114
I Scale: V- -150'1 Date: 10125113E
Drawn By: RVVP W1419 NO:
Checked By: RWp OF

Instrument prepared by: Raleigh City Attorney's Office and Styers, Kemerait & MitcheIl,
PLLC
Brief Description for Index: Crabtree Creek
Tax ID: P1N 0786349208
Mail after recording to: Raleigh City Attorney's Office.
P.O. box 590 Raleigh, NC 27607
STATE OF NORTH CAROLINA
COUNTY OF WAKE
PERMANENT
CONSERVATION EASEMENT
This CONSERVATION EASEMENT ( "Conservation Easement") is made on the ay
ofG(e,.�g,ry 2014 (the "Effective Date ") by HANSON AGGREGATES
SOUTHEAST LLC, a Delaware limited liability company with an address of 2310 Parklake
Drive, Suite 550 Atlanta, Georgia 30345, hereinafter referred to as "Hanson" or the "Grantor ",
to the City of Raleigh, a North Carolina Municipal corporation with an address of P.O. Box
590, Raleigh, NC 27602, (the "City ")
WITNESSETH:
WHEREAS, Hanson is the owner in fee simple of the property having Wake County
PIN 0786349208 (the "Property "), particular areas of which have significant ecological,
horticultural, environmental, aesthetic, and recreational value in their present state, which values
should be preserved and maintained (the "Easement Area'); and
WHEREAS, the City is authorized by its Charter and the North Carolina General
Statutes to acquire land and interests in land, including conservation easements, for open space
preservation, conservation and protection of natural areas and areas of environmental
{SK011443.DOC 3 }

significance, including riparian buffers, and establishing a network of greenways for
environmental, educational, and recreational uses; and
WHEREAS, the Grantor and the City have entered into a Settlement Agreement dated
Q6aw Lf , 2014 ( "Settlement Agreement ") in order to resolve a longstanding legal dispute
concerning quarrying activities permitted on the Property, the resolution of such matters having
implications for the location of greenway trails and easement to accommodate such trails; and
WHEREAS, pertinent provisions of the Settlement Agreement are incorporated into
that Declaration of Covenants, Conditions, and Restrictions ( "Declaration of Covenants ") dated
Za®/ , and recorded in Deed Book Page .____, Wake County
a
Registry; and
WHEREAS, the Property is subject to that certain permit number 92 -03 for the
operation of a crushed stone quarry issued by the North Carolina Department of Environment
and Natural Resources (the "Mining Permit "); and
WHEREAS, the City has proposed to construct, and intends to make available for
public use, the Crabtree Creek Greenway ( "Greenway Project "), portions of which are to be
located on or adjacent to the Easement Area; and
WHEREAS, in furtherance of the above stated environmental and conservation
objectives; for the enhancement of the Greenway Project; and in accordance with terms of the
referenced Settlement Agreement, Hanson has agreed to convey to the City this non - exclusive
Conservation Easement (the "Easement ") over the Easement Area, and the City has agreed to
accept such Easement.
NOW, THEREFORE in consideration of the Recitals and other valuable consideration
the receipt and sufficiency of which are hereby acknowledged, and the further mutual terms and
conditions hereof. the Grantor hereby irrevocably grants and conveys in perpetuity, and the City
hereby accepts; the Conservation Easement of the nature and character and to the extent
hereinafter set forth in, over, through and across the Easement Area, described as follows:
See Exhibit 1, attached.
ARTICLE I. PURPOSES AND USES
1. The purpose of the Easement is to preserve, protect, and maintain the Easement Area as
an undeveloped and natural area.
1 SK011443.DOC 3

2. The qualities of the Easement Area intended to be protected under this Easement
(subject to provisions of Article II. H. hereof) include conservation of the natural heritage of the
area; water pollution control and abatement, ecological preservation; wildlife habitat
management; preservation of the visual amenities of the Easement Area; preservation of a
natural ecosystem; and provision of a recreation resource to members of the public.
3. Subject expressly to those terms, conditions, and restrictions set forth herein, the
Easement Area shall remain in its present, natural, and undeveloped state as a conservation and
recreation use area.
4. There shall be no access by the City, the State, or the public at large granted by this
Easement to any other property of the Grantor, save that described and conveyed herein.
5. The Grantor shall remain the fee owner of the property subject to this Easement and as
such, may use and enjoy the Easement Area for purposes not inconsistent with terms of this
Easement. More specifically (by way of illustration and not limitation), the Grantor shall enjoy
rights and entitlements of fee ownership for purposes of applicable land use regulations
(including measurement of building setback distances, density credit transfers, and similar
regulations); the payment of taxes on the property; and other applicable laws and ordinances.
ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES;
GRANTOR'S RESERVED ACTIVITIES
Except as specifically reserved herein by the Grantor, any activity on, or use of, the Easement
Area inconsistent with the purposes of this Conservation Easement is prohibited. Subject to the
rights granted the City under Article III. hereof. the Easement Area shall be maintained in its
natural, scenic, wooded, and undisturbed condition, restricted from any development or use that
would impair or interfere with the conservation values of the Easement Area.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited or restricted.
A. Industrial and Commercial Use. Industrial and commercial activities and any
right of vehicular or pedestrian passage for such purposes are prohibited.
B. Agricultural. Timber Harvesting. Grazin and Horticultural Use. Agricultural,
timber harvesting, grazing, and horticultural and animal husbandry operations are prohibited.
C. Disturbance of Natural Features. Plants and Animals. There shall be no cutting
or removal of trees, or the disturbance of other natural features, plants or animals except for the
ISKOI 1443.DOC 3 1

following: (1) as incidental to boundary marking, fencing, szgnage, construction and
maintenance of nature /greenway trails; and (2) selective cutting and prescribed burning or
clearing of vegetation and the application of mutually approved pesticides for fire containment
and protection, disease control, restoration of hydrology, wetlands enhancement and/or control
of non - native plants.
D. Construction of Buildings and Recreational Use. There shall be no constructing
or placing of any building, mobile home, asphalt or concrete pavement, waste facility, billboard
or other advertising display, antenna, utility pole, tower, conduit, line, pier landing, dock or any
other temporary or permanent structure or facility on or above the Easement Area except for the
following: placing and display of signs identifying the conservation values of the Easement
Area, and signs identifying the as owner or owners of the Conservation Easement.
E. Mineral Use. Excavation. Dredging. There shall be no filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner except by the City as
necessary for erosion control or conservation management activities.
F. Wetlands and Water Quality. There shall be no pollution or alteration of water
bodies and no activities that would be detrimental to water purity or that would alter natural
water levels, drainage, sedimentation and/or flow in or over the Easement Area or into any
surface waters, or cause soil degradation or erosion or diking, dredging, alteration, draining,
filling or removal of wetlands, except activities to restore natural hydrology or wetlands
enhancement as permitted by state and any other appropriate authorities.
G. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles,
appliances, machinery, or other materials on the property is prohibited.
H. Noise, Dust Vibration Exception The Grantor expressly excepts from the
provisions of the Greenway Easement and, for its successors and assigns, expressly reserves
the right to cause vibrations, noise, dust, particulates, debris, and other similar materials and
odors to be in the air above, descend upon, go across, or go through the Easement Area, and in
general to subject the Easement Area to all similar damages and/or consequences arising from
the location and operation in the vicinity of the Easement Area of any the Crabtree Quarry and
related activities, including without limitation equipment operation and truck traffic at, to and
from Crabtree Quarry. By accepting this grant of a Conservation Easement; the City hereby
subordinates its rights under the Conservation Easement to those of the Grantor relating to
noise, dust, and vibration as enumerated above ( "Noise, Dust, and Vibration Exception ").
Notwithstanding the foregoing, nothing contained herein shall be construed to allow Grantor's
vehicles, equipment, employees or customers to physically enter the Easement Area or to
conduct mining operations thereon. This Noise, Dust and Vibration Exception shall terminate
upon the expiration of the Reclamation Period, as defined in the above referenced Settlement
Agreement and recorded Declaration of Covenants.
{SK011443.DOC 3 ;

ARTICLE III. FUTURE RIGHT OF ACCESS AND USE
A. Connector Trail and Facilities; Public Use. Subsequent to or contemporaneous
with the construction by the City of a Greenway trail on lands adjacent to the Easement Area
(pursuant to that Permanent, Provisional Easement from Hanson to the City dated Ave
and recorded in Deed Book , Page , WCR), the City shall have the right to
construct, maintain, repair, and devote to use by the public, a trail or walkway providing access
by users of the Greenway Trail to the Easement Area. In association with such public access
facilities, the City may also construct and maintain within the Easement Area observation
platforms, instructional signs and displays, and safety and convenience facilities.
B. Trail Construction and Use Delayed; "City Access Date ". The City is expressly
prohibited from construction of trails and facilities upon, and providing public access to, the
Easement Area until the "City Access Date" pursuant to the referenced Settlement Agreement,
which date is anticipated to be a maximum of forty (40) years from the Effective Date hereof.
ARTICLE IV. ENFORCEMENT & REMEDIES
1. The City shall have authority and responsibility for enforcement of the terms of this
Easement. Any forbearance by the City to exercise rights hereunder in the event of breach of
any term, condition, or restriction shall not be deemed or construed to be a waiver of any right
of enforcement. No delay or omission by the City in the exercise of any right or remedy shall
impair such right or remedy, or be construed as a waiver.
2. No provision of this Easement shall be construed or applied to limit the rights of, or
remedies available to, the Parties under terms of the referenced Settlement Agreement and
Declaration of Covenants. In the event of ambiguity or inconsistency between provision of this
Easement and the Settlement Agreement and Declaration of Covenants, the latter shall prevail.
4. Upon breach of any of the terms and conditions of this Easement by the Grantor, or
anyone acting for or under authority of the Grantor; the City shall, except as provided below,
notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of
such notice to correct any conditions constituting such breach. If the breach remains uncorrected
after 30 days, the City may enforce the terms of this Greenway Easement by any appropriate
legal proceedings, including actions for damages, injunctive, and other relief. In addition, the
City shall also have the further power and authority to:
{5K011443.DOC 3 )

(a) immediately abate or prevent any impairment or degradation of the property
subject to the Easement by acts which may be unlawful or otherwise in violation of this
Easement; and
(b) otherwise preserve or protect its interest in the Easement Area; and
(c) seek damages from any appropriate person or entity.
5. Inspections. Prior to the City's Access Date, the City may have limited access to
the Easement Area for the purpose of inspecting the Easement Area to monitor and determine
compliance with the terms, conditions and restrictions of this Conservation Easement. Such
limited access requires forty eight (48) hours prior notice to Grantor. Because, prior to the
City's Access Date, the Property will be an active mine under the jurisdiction of the U.S.
Department of Labor Mine Safety and Health Administration ( "MSHA "), the City, its
employees, contractors, representatives and agents shall be considered a contractor under
MSHA rules and regulations and will subject to all MSHA rules and regulations while on the
Property, including the requirement to have safety training prior to entering the Property. The
City, and any of its employees, contractors, representatives and agents that access the Easement
Area prior to the City's Access Date must be accompanied by representative of Grantor during
such inspection. The above - stated requirements and conditions upon inspections shall be of no
further effect subsequent to the City's Access Date.
6. Acts Beyond the Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle the City to bring any action against the Grantor for any
injury or change in the Easement Area, resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm., and earth movement, or from any prudent action
taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to life, damage to property or harm to the Property resulting from such causes.
ARTICLE V. MISCELLANEOUS
1. Conservation PMose. Subject to the uses specifically reserved herein to the Grantor,
the Grantor and the City, their respective successors and assigns, agree that this Conservation
Easement shall be held exclusively for conservation purposes.
2. Construction of Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth in N.C.G.S. 121 -34, which authorizes
the creation of Conservation Easements for purposes including those set forth in the Recitals
herein, and the conservation purposes of this Conservation Easement, including such purposes
as are defined in Section 170(h)(4)(A) of the Internal Revenue Code.
�SKO11443.DOC 3 )

2. Jurisdiction and Venue. In the event of any dispute arising under terms of this
Easement, jurisdiction shall be in the courts of North Carolina, and venue shall be in Wake
County.
3. _Severability. If any provision of this Easement is declared void, invalid or otherwise
unenforceable for any reason by a court of competent jurisdiction, the remaining provisions
shall continue to be fully effective and enforceable, it being the express intent of the Parties
that the provisions hereof be Severable.
THE EASEMENT AREA described and conveyed herein does not comprise a primary
residence of the Grantor.
TO HAVE AND TO HOLD unto the City, its successors and assigns, forever. The
covenants agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid
shall be binding upon the Grantor, its successors and assigns, and shall continue as a servitude
running in perpetuity with the Property.
AND THE GRANTOR COVENANTS that it is vested of the Property in fee and has
the right to convey the herein described Easement in the same; that the same is free from
encumbrances except as hereinafter stated, and that the Grantor will warrant and defend title to
the same against the claims of all persons whomsoever.
Subject to easements, encumbrances, and restrictions of record.
IN WITNESSETH WHEREOF, the Grantor has duly executed the foregoing
instrument i th name of the limited liability company, by the signature of its
�fV el eWi as the act and deed of the limited liability company, and the City
has executed the instrilment in its corporate name, by the signature of its (Interim) City
Manager, attested by its City Clerk - Treasurer, for the purpose of giving and memorializing its
consent thereto, all on the day and year first above written.
{SKO11443.DOC 3 }

HANSON AGGREGATES, SOUTHEAST, LLC
BY ......... EAL)
{SK611443.DOC 3 }

bf R/j,"4
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Consented to:
ATTEST::
By:I A� -.. I . ..........
V-
APPROVED AS TO FORM:
........... . .
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. ............................................ . . . .................... .............
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[SK0I]443.DOC3 �

STATE OF m l�Qpf(Aj.(1✓
COUNTY OF
ACKNOWLEDGEMENT
This is to certify that on the � l g day of -�bLnV Cc.f , 2014, before me
personally came Chas' W� ith whom 1 am personally
acquainted who, bein be me duly sworn, says that (s)he is
the i a ��� i den nQ,rcii of
Hanson Aggregates Southeast, LLC , the united liability company and principal named in
the foregoing instrume t; that the name of the company was subscribed thereto by the
said y � U (e Si exal �/, and that the instrument is the act and deed of
the limited liability Anpany.
1M
• ,I
e.
y Commis
(SKO11443.DOC 3 1
A seal this the d"IY cal
(notary's printed name)

NORTH CAROLINA
COUNTY OF WAKE
CITY /MANAGER
ACKNOWLEDGEMENT
This is to certify that on the J day of r(t6 , 2014, before me personally came Gail
G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is
the City Clerk and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing; that she knows the
corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is
said corporate seal, and the name of the municipal corporation was subscribed thereto by the
City Clerk and Treasurer and that the official corporate seal was affixed, all by order of the
governing body of the municipal corporation, and that the said instrument is the act and deed of
the municipal corporation.
R�
WITNESS my hand and official seal this the day of R,VAR`� 201+.
®,6 ••.
UJ
® X ",
(SEAL) eawE®bW &4
My Commission Expires:
{SK01 i443.DOC 3

EXHIBIT 1
Being the easement area identified as "NEW C;11'Y OF RALEIGH
CONSERVATION EASEMENT ", comprising 41,716 sq. ft. (0.958 acre) as
shown and described on that exhibit plat entitled, "EASEMENT ACQUISITION
MAP FOR CRABTREE CREEK GREENWAY ", sheet 1 of 2 and 2 of 2,
respectively, prepared by Stewart engineering company, and attached hereto as
EXHIBIT 1 -A.
{SKO11443.DOC 3 n

/ � / � -� !) EXH[BIT 1 -A
rr �
NIF
rr r STATE OF CENTERLINE of
r r NORTH 1 CRA9iREECREEK
CAROLINA IS PROPERTY LINE
lb
r r PIN 0i8G�2 -1 °78�
/_, ry N�ONCy.9.5q.
E101-iii-Y-4
r /3
t` fi
r = t-8
�.
NORTH Al,
Nr,DB'.(2011) j
EXISTING PERMANENT
SLOPE EASEMENT
(6 h12001, PG 1955)
NEW CITY OFRALE(GH
CONSERVATION EASEMENT
(41,716 SF, D.958 AC)
LINE TABLE
A
MIF
DISTANCE
BENCHMARK CAROLINA.
S27 °24.06 "W
AGGREGATES. INC
rSEARING
DO 1592, PG 361
PIN 0766-34 -9208
Q
/f
yam/ U
(163.9 ACRES PER RECORDS)
I
LINE TABLE
A
SURVEY CONTROL POINT
DISTANCE
EIECM
S27 °24.06 "W
118,61'
rSEARING
S32 °10'70 "W
4252'
................. .
S38'28'27 "W
37.46`
L4
S46'04'31 °W
49.01'
L5
550'24'54"W
39.76'
LS
S56 °33'57 'V1
I 3751'
L/
S6 6"46'30 "W
25.37-
L8
S77145'28 "W
132.2V
L9
NO3'05'33 'N!
119,91'
L10
S88'23'32 "E
5.55'
Lit
N93'SE25 "E
60.72'
L12
N77'2TC2 'E
54.85'
L13
N7t °04'55 "E
55.97'
L14
N37103'45T
68.43'
Lis
N34'271 9'E
50.77'
Lis
N19 °51'49 "E
7TA3'
1-17
S67'12'1T'E
84 -62'
m �?Z
IV
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LEGEND
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��z� N :768B5i_569'
w E:2U64s4i.372'
'o
pj
N186 "19'041AI 1 a4? ,q-
_S16`31'49"W 18.54'
w�r.m t TIELINEONLY
THIS MAP iS NOTACERTIFIED SURVEY
AND HAS NOT BEEN REVIEWEDBYA
A
SURVEY CONTROL POINT
Ref No: —
EIECM
EXISTING CONCRETEMONUMEtJT
<<,�� CAP04 `rr
A
COMPUTED POINT
MEREDITH TOWNSHIP, CITY DF RALEIGhf
t1VAKECCUNTY,N0RFHCAR0LINA
................. .
0.2% CHANCE FLOOD LINE
IQ L —S�23 r-.
......... . .... -_.. - .
1 % CHANCE F1-00D LINE
...................li' d................
FLOODWAY LINE
' 14Rp
........................
PROPERTYLINE SURVEYED
...................... .....-.- - - -.^
PROPERTY LINE NOT SURVEYED
EASEME14TLINIE
GREENWAY NWAY EASEMENT
GR
EC(vl
1
w
w
,, Isa`is'o4°W 704'
i11
TRAV -2IR5
��z� N :768B5i_569'
w E:2U64s4i.372'
'o
pj
N186 "19'041AI 1 a4? ,q-
_S16`31'49"W 18.54'
w�r.m t TIELINEONLY
THIS MAP iS NOTACERTIFIED SURVEY
AND HAS NOT BEEN REVIEWEDBYA
EASEMENT ACQUSITION MAP FOR:
CRABTREE CREEK GEEAY
SEE SHEET 2 FOR
GENERAL NDTES
Ref No: —
♦'fFVi���rrrr
LOCAL GOVERNMENT AGENCY FOR
<<,�� CAP04 `rr
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATION S.
ti p� f4-,
x •��E•5S1O• '�
MEREDITH TOWNSHIP, CITY DF RALEIGhf
t1VAKECCUNTY,N0RFHCAR0LINA
7•
IQ L —S�23 r-.
0 100 200 400
' 14Rp
SCALE: V = 204'
Vicin'Ity Map: /{1
Not t0 scale I \lam /3 1 AV R I)R
woRTH
CRARTREE CREEK
CITE \
RICHLAND \ `�
CRFFK j
f DURI'J_E1GH RD
i `ROCMVOOD DR
—ter
EASEMENT ACQUSITION MAP FOR:
CRABTREE CREEK GEEAY
Project No: G13025
Ref No: —
Scale: 1 " =2ofl'
Dote- 10125/13
Osa:vn By: €2WP
DsJr,�reg No:
1 OF
STEWART
MEREDITH TOWNSHIP, CITY DF RALEIGhf
t1VAKECCUNTY,N0RFHCAR0LINA
Checked By: RWP

GENERALNOTES
1. THIS PLAT IS INTENDED TO REPRESENT CITY OF RALEIGH GREENWAY EASEMENTS ON
A PORTION OF THE PROPERTY OF BENCHMARK CAROLINA P,GGREGATES, INC -, PIN
4766 34 9246, AND IS NOT A BOU NDARY S URVEY. THIS SURVEY WAS PERFORMER
WITHOUT THE BENEFIT OF A TITLE REPORT AND THEREFORE ALL ENCUMBRANCES
UPON THE PROPERTY MAY NOT SE SHOWN.
2. REFERENCES:
DEED BOOK 1592, PAGE 351
DEED BOOK 14331, PAGE 744
BOOK OF MAPS 199x, PAGE 765
BOOK OF MAPS 2001, PAGES 1953 -1955
3. HORIZONTAL DATUM IS NAD B3 (201 i) AND VERTICAL DATUM IS NAVD8B. BASED ON GPS
METHODS USING REAL -TIME KINEMATIC SOLUTICNS FOR THE SURVEY CONTROL
POINTS SHOWN 14ERE01Q AND TIED TO NORTH CAROLINA GFODETIG SURVEY
MONUMENTS "ANNE LAKE 3 "AND "PATROL 2".
"ANNE LAKE 3" "PATROL 2"
N 772685.53' N 747347 08'
E 2060781.95' E 2086727.63'
EL 376.96' EL 493,99`
4. THE INITIAL STATE PLANE POSTfUNS FOR THIS SURVEY WERE SCALED FROM GRID TO
GROUND FROM A PROJECT LOCAT ION OF N:760851.569' E�2D84541.372', AN ELEVATION
OF 351.55'. USING A COMBINED FACTOR OF 0.99991535.
5. THE SUBJECT PROPERTY IS ZONED PIN 0788 -34 - 9208 "R- 4 "(RESIDENTVAL) AND PIN
07Ber30-a569 "R -6 "(RESIDENTIAL} PER THE WAKE COUNTY GEOGRAPHIC INFORMATION
SYSTEM.
7. THE SUBJECT PROPERTY LIES IN ZONES X (AREA DETERMINED TO BE OUTSIDE THE
0.2% ANNUAL CHANCE AND FUTURE CONDITIONS 1 % ANNUAL CHANCE FLOODPLAIN), X
(SHADED) (AREA OF 0.2% ANNUAL CHANCE FLOOD, AREAS OF FUTURE CONDITIONS IN
ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE
DEPTHS OF LESS TRAN 1 FOOT OR WITH DRAINAGE AREAS OF LESS THAN i SQUARE
MILE; AND AREAS PROTECTED BY LEVEES FROM I% ANNUAL CHANCE FLOOD), AE
(AREA DETERMINED TO SE INSIDE THE 1% ANNUAL CHANCE FLOOD, BASE FLOOD
ELEVATIONS DETERMINED), AND FLOO DWAY {D ELI N EATER FLCO DWAY OF A STREAM).
BASED ON THE ROOD INSURANCE RATE 161AP COMMUNFiY MAP NUMBER 3720078600)
DATED MAY2, 200E FLCOD HAZARD LINES SHOWK HEREON ARE FROM
NCFLOODMAPS. COM.
& ADDRESS: 5209 DURALEIGH ROAD
eAR04 E'� *�
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EASEMENTACQUESMON MAP FOR:
CRABTREE CREEK GREENWAY
MEREDITH TOWNSHIP, CITY OF P,ALEIGN
V°tIAKE OOL1N °fY, iV�7RTH CAftCiI.It�A
THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN RFVtZ VJED $Y A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCEWIT IANYAPPLICABLE
LAND DEVELOPMENT {REGULATIONS.
Project No: G1302fi I Ref No:
Scale: NA I Date: 10125113
Drmkn By: RWP 10mw X.:

Instrument prepared by: Raleigh City Attorney's Office and Styers, Kemerait & Mitchell,
PLLC
Brief Description for Index: Duraleigh Road
Parcel Identifier: PIN 0786308569; 0786349208
Mail after Recording to: City Attorney's Office,
PO Box 590, Raleigh, N.C. 27602
STATE OF NORTH CAROLINA
WAKE COUNTY TEMPORARY AND PROVISIONAL DEED
OF EASEMENT FOR CONSERVATION AND
GREENWAY PURPOSES
THIS DEED OF EASEMENT is made this 4* day of e6n4 & �7 , 2014, (the
"Effective Date ") by HANSON AGGREGATES SOUTHEAST LLC, a Delaware limited
liability company having the address of 2310 Parklake Drive, Suite 550 Atlanta, Georgia
30345, hereinafter referred to as "Hanson' or the "Grantor'', to the CITY OF RALEIGH, a
North Carolina municipal corporation having the address of P.O. Box 590, Raleigh, NC 27602,
hereinafter referred to as the "City."
WITNESSII 'rit..
WHEREAS, the City of Raleigh has established and presently operates the Capital Area
Greenway Program, which has as its purposes the conservation of natural, scenic, or
ecologically valuable properties (generally known as "greenways "), and the development and
provision for public use of paved or unpaved trails ( "greenway trails ") within such properties;
and
WHEREAS, the Grantor is the owner in fee simple of certain real property; more
particularly identified as PIN 0786349208 and PIN 0786308569 (the "Property "); and
{sKO12179.DOC 2 ;

WHEREAS, certain areas of the Property have conservation, ecological, and
recreational values in their present state, which values should be preserved and maintained for
the period of their use as a public greenway and greenway trail; and
WHEREAS, the City has proposed to develop as a component of the Capital Area
Greenway System a Greenway trail commonly known as the "Crabtree Creek Greenway ", a
portion of which is proposed to be located upon the Property; and
WHEREAS, Hanson and the City have entered into a Settlement Agreement dated
Zoe ( "Settlement Agreement ") in order to resolve a longstanding legal dispute
concerning quarrying activities permitted on the Property, the resolution of such matters having
implications for the location of greenway trails and easements to accommodate such trails: and
WHEREAS, pertinent provisions of the Settlement Agreement are incorporated into
that Declaration of Covenants, Conditions, and Restrictions ( "Declaration of Covenants ") dated
and recorded in Deed Book Page Wake County Registry.
WHEREAS, the Property is subject to that certain permit number 92 -03 for the
operation of a crushed stone quarry issued by the North Carolina Department of Environment
and Natural Resources (the "Mining Permit"),- and
WHEREAS, pursuant to and subject to terms of the Settlement Agreement, Hanson
has, by instrument of even date, conveyed to the City a Permanent, Provisional Conservation
and Greenway Easement (located north of the easement described herein, and referred to herein
as the "Permanent Easement "), providing for the deferral of the City's installation and use of
greenway improvements upon the Permanent Easement area until the Grantor's quarry
operations on the Property cease and quarry site Reclamation is completed, all as more
specifically described in the Settlement Agreement and recorded Declaration of Covenants; and
WHEREAS, in order to allow the Crabtree Creek Greenway trail to be timely
constructed and opened for public use and enjoyment, Hanson and the City have agreed,
according to terms of the Settlement Agreement and as set forth herein, to the conveyance of a
temporary conservation and greenway easement, to expire in accord with Article IV hereof; and
WHEREAS, in furtherance of the above stated conservation and environmental
objectives and the Greenway Project; in accordance with the referenced Settlement Agreement;
and subject to the aforesaid agreements, conditions and restrictions, Hanson is willing to grant
this non - exclusive, temporary easement over portions of the Property, (the "Easement Area ")
and the City has agreed to accept such Easement.
(sKQ12179.DOC 2 )2

NOW, THEREFORE, in consideration of the Recitals and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, and in further
consideration of the Settlement Agreement and the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, the Grantor has bargained and sold, and hereby sells, grants and
conveys to the City, its successors and assigns forever, a Temporary Conservation and
Greenway Easement ( "Temporary Easement" or "Easement ") of the nature and to the extent
hereinafter set forth, in and over the Easement Area described as follows:
See Exhibit 1, attached.
The terms, conditions and restrictions of this Temporary Easement are as follows:
ARTICLE I. PURPOSE AND USES
1. The purpose of the Easement is to preserve, protect, and maintain the Easement Area as
an undeveloped and natural area while allowing certain recreational uses of the Easement Area,
specifically, a greenway trail, or trails, in accord with the Capital Area Greenway Plan and
Program.
2. The qualities of the easement area intended to be protected under this Easement include
conservation of the natural heritage of the area; water pollution control and abatement,
ecological preservation; wildlife habitat management; preservation of the visual amenities of the
easement area; preservation of a natural ecosystem; and provision of a recreation resource,
specifically, a greenway trail, to members of the public.
3. Subject expressly to those terms, conditions, and restrictions set forth herein, the
Property shall remain in its present, natural, and undeveloped state as a conservation and
recreation use area.
4. The City may construct paved or unpaved greenway trails within the Easement Area,
and facilities incidental to and for the convenience of users of the greenway trail, such as
observation platforms, boardwalks, bridges, ramps, litter receptacles, benches and similar
convenience facilities.
5. Following construction of a greenway trail, the City of Raleigh shall incorporate the
Easement Area as a component of the Capital Area Greenway System of the City. Members of
the general public shall have free access to and use of the Easement Area, subject to the laws
and ordinances of the City of Raleigh, and for the purposes allowed under the official Greenway
Program of the City, including walking, educational tours, scientific study of the Easement Area
and its natural ecosystems, hiking, bike riding, jogging and picnicking. Such uses of the
Easement shall all be in accord with the Capital Area Greenway Plan and Program.
6. The City shall have the right and duty to maintain the Easement Area in a clean, natural
and undisturbed state, consistent with the Capital Area Greenway Plan and Program.
tsKo 12179.Doc: 2 p 3

7. There shall be no access by the City, or the public at large, granted by this Easement to
any other property of the Grantor, save that described and conveyed herein.
8. The Grantor shall remain the fee owner of the Property subject to this Easement for
purposes of applicable land use regulations (including measurement of building setback
distances, density credit transfers, and similar regulations); the payment of taxes on the
property; and other applicable laws and ordinances.
ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES;
EXCEPTED AND RESERVED RIGHTS
A. Activities Prohibited.
Any activity on, or use of, the Easement Area inconsistent with the purposes of this
Easement is prohibited. By way of illustration and not limitation, the following activities and
uses of the Easement Area are expressly prohibited:
I - Industrial and Commercial Use. Industrial and commercial activities of any type, and
ingress and /or egress for such purposes are prohibited.
2. Agricultural, Timber Harvesting, Grazing and Horticultural Use. Agricultural, timber
harvesting, grazing, horticultural and animal husbandry operations are prohibited.
3. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or
removal of trees, or disturbance of other natural features, including plant and animal life, except
for the following: (1) as incidental to boundary marking, fencing, signage, construction and
maintenance of asphalt and greenway trails and related convenience facilities, and public
accesses allowed hereunder; (2) selective cutting and prescribed burning or clearing of
vegetation, and the application of approved pesticides for fire containment and protection,
disease control, restoration of hydrology, wetlands enhancement and/or control of non - native
plants; and (3) hunting and fishing, (otherwise permitted by law or ordinance) pursuant to
applicable rules and regulations.
4. Construction of Buildings; Structures; Signage. There shall be no constructing or placing
of any building, mobile home, asphalt or concrete pavement, billboard or other advertising
display antenna, utility pole, waste facility, tower, conduit, line, pier landing, dock or any other
temporary or permanent structure or facility on or above the Easement Area, except for the
following: Placing and display of no trespassing signs; state or federal traffic or similar signs;
greenway trail signs; for sale or lease signs; signs identifying the conservation values of the
Property, and/or signs identifying the Grantor as the owner of the Easement Area and the City
as holder of this Easement; educational and interpretive signs; identification labels or any other
(SKO12179.DOC2 }4

similar temporary or permanent signs, as approved by the City; and installation and
maintenance by the City of perimeter fencing along the Greenway, in accordance with terms of
the Settlement Agreement and recorded Declaration of Covenants..
5. Mineral Use. Excavation, Dredging. There shall be no filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, or other minerals; and no
change in the topography of the land in any manner except as necessary to prevent erosion or
incidental to greenway trail construction or conservation management activities otherwise
permitted by this Easement.
6. Wetlands and Water Quality. There shall be no pollution or alteration of water bodies
and no activities that would be detrimental to water purity or that would alter natural water
levels, drainage, sedimentation and /or flow in or over the Easement Area or into any surface
waters, or cause soil degradation or erosion, nor diking, dredging, alteration, draining, filling or
removal of wetlands, except activities to restore natural hydrology or wetlands enhancement as
permitted by the City, State and any other appropriate authorities.
7. Dumping. Dumping of soil, trash, garbage, waste, abandoned vehicles, appliances,
machinery, or other materials on the Easement Area is prohibited.
R. Noise, Dust. Vibration Exception. The Grantor expressly excepts from the provisions
of the Greenway Easement and for itself, its successors and assigns, reserves the right to cause
vibrations, noise, dust, particulates, debris, and other similar materials and odors to be in the air
above, descend upon, go across, or go through the Easement Area, and in general to subject the
Easement Area to all similar consequences arising from the location and operation in the
vicinity of the Easement Area of any the Crabtree Quarry and related activities, including
without limitation equipment operation and truck traffic at, to and from Crabtree Quarry. By
accepting this grant of Greenway Easement, the City hereby subordinates its rights under the
Greenway Easement to those of the Grantor relating to noise, dust, and vibration as enumerated
above ( "Noise, Dust, and Vibration Exception "). Notwithstanding the foregoing, nothing
contained herein shall be construed to allow Grantor's vehicles, equipment, employees or
customers to physically enter the Easement Area or to conduct mining operations thereon. This
Noise, Dust and Vibration Exception shall terminate upon the expiration of the Reclamation
Period, as defined in the Settlement Agreement and recorded Declaration of Covenants.
1. The City shall have authority and responsibility for enforcement of the terms of this
Easement. Any forbearance by the City to exercise rights hereunder in the event of breach of
any term, condition, or restriction shall not be deemed or construed to be a waiver of any right
of enforcement. No delay or omission by the City in the exercise of any right or remedy shall
impair such right or remedy, or be construed as a waiver.
{SKO12179.DOC; 2 ) 5

2. No provision of this Easement shall be construed or applied to limit the rights of or
remedies available to, the Parties under terms of the referenced Settlement Agreement and
Declaration of Covenants. In the event of ambiguity or inconsistency between provision of this
Easement and the Settlement Agreement and Declaration of Covenants, the latter shall prevail.
3. The City of Raleigh may provide for the day -to -day inspection, oversight, and
enforcement on the Easement Area of its rules governing activities and uses of City -owned
parks, including property comprising a part of the City's Greenway System. Such inspection,
oversight, and enforcement will be the responsibility of the City Police personnel. In addition to
such control and oversight over the Easement by City Police, other officers of the City, their
employees, agents and successors and assigns, shall have the right to enter the Easement Area
for the purpose of inspecting such area to assess compliance with the various terms, conditions,
and restrictions of the Easement.
3. Breach of Easement Conditions; Remedies Generally. Upon breach of any of the terms
and conditions of this Easement by the Grantor, or anyone acting for or under authority of the
Grantor, the City shall, except as provided below, notify the Grantor in writing of such breach.
The Grantor shall have 30 days after receipt of such notice to correct any conditions constituting
such breach. If the breach remains uncorrected after 30 days, the City may enforce this
Easement by any appropriate legal proceedings, including actions for damages, injunctive, and
other relief In addition, the City shall also have the further power and authority to:
(a) immediately abate or prevent any impairment or degradation of the property
subject to the Easement by acts which may be unlawful or otherwise in violation
of this Easement; and
(b) otherwise preserve or protect its interest in the Easement; and
(c) seek damages from any appropriate person or entity,
ARTICLE IV., TERMINATION OF TEMPORARY EASEMENT; CONVEYANCE OF
PERMANENT GREENWAY EASEMENT
The Easement described and conveyed herein shall terminate according to the following
terms and conditions:
1. Early Termination; Invalidation. In the event the Settlement Agreement is determined by a
court of law to be illegal, invalid, or unenforceable, or the Easement is otherwise terminated
except as provided in paragraph (b) below, then the City shall remove all greenway
improvements from the Temporary Easement area within nine (9) months from the date of such
invalidation or termination. In such event, no provisions of this Easement, or rights exercised by
the City pursuant to terms of this Easement prior to the period commencing nine (9) months
following such invalidation or termination, shall constitute an inverse condemnation by the
City, actionable under either GS 40A -51 or GS 136 -111.
(s Ka12179,DOC2 ) 6

2. Termination on Opening of Permanent Greenway. If not earlier terminated, the Temporary
Easement shall terminate automatically at the earlier of: (a) the opening to the public of the
Permanent Greenway Easement referenced hereinabove and described in the Settlement
Agreement and Declaration of Covenants; or (b) eighteen (18) months after the expiration of
the Reclamation Period described in the Settlement Agreement and Declaration of Covenants.
3. Post - Termination Restoration. Prior to termination pursuant to Art. N, para. I or 2 hereof
the City shall remove from the Easement Area all greenway trail improvements, and shall
regrade, mulch, and generally restore the easement area in accord with generally accepted
engineering and landscaping practices. In addition, the City and Grantor shall provide for the
mutual execution and recordation in the Wake County Registry of an appropriate instrument
memorializing such termination.
ARTICLE V. MISCELLANEOUS
1. General Reservation of Rights. The urantor reserves the right to continue the use of the
property for all purposes not inconsistent with this Easement.
2. Development Regulations and Dedication Requirements Unaffected. Neither the
conveyance of this Easement, nor any provision contained herein, shall abridge or affect the
application of any land use and development regulation of the City, and specifically, any
regulatory requirement for the dedication of property interests to the City as a condition of
development plan approval.
3. City" s Covenant and Indemnity. 'I o the extent authorized by law, the City agrees to hold
the Grantor harmless from liability for personal injury or property damage arising out of the use
of the Easement Area for public Greenway purposes, including rights and duties granted to the
City in this Easement; provided, the Grantor shall not be held harmless from liability caused by
its active fault or solely by the negligence of the Grantor, its agents, invitees.. or contractors; or
solely by acts of the Grantor, its agents, invitees, or contractors which violate the terms and
conditions of this Easement. The Parties acknowledge that the authority of a municipality to
indemnify against claims has not been established by any N.C. statute or court decision.
4. Disputes; Jurisdiction and Venue. In the event of any dispute arising under terms of this
easement, jurisdiction shall be in the courts of North Carolina, and Venue shall be in Wake
County.
5. Severabilily. If any provision of this Easement is declared void, invalid or otherwise
unenforceable for any reason by a court of competent jurisdiction, the remaining provisions
shall continue to be fully effective and enforceable, it being the express intent of the Parties that
the provisions hereof be Severable.
� SKU 12179.DOC 2 17

THE EASEMENT AREA does not comprise a primary residence of the Grantor.
TO HAVE AND TO HOLD the right, privileges, and easements herein granted to the
City, their successors and assigns. The Easement shall run with the land as a perpetual
servitude, and shall be binding upon the Grantor and its agents, personal representatives, heirs,
successors and assigns for the duration of the Easement.
AND THE GRANTOR COVENANTS that it is vested of the Easement Area, and has
the right to convey the same; that the same are free from encumbrances except as hereinafter set
forth, and that the Grantor will warrant and defend title to the same against the claims of all
persons whomsoever.
Subject to easements, encumbrances and restrictions of record.
IN WITNESSETH WHEREOF, the Grantor has duly executed the foregoing
instrument in name of the limited liability company, by the signature of its
VV_ ON* i, as the act and deed of the limited liability company, and the City
has executed the instr6ent in its corporate name, by the signature of its (Interim) City
Manager, attested by its City Clerk - Treasurer, for the purpose of giving and memorializing its
consent thereto, all on the day and year first above written.
HANSON AGGREGATES SOUTHEAST, LLC
THE CITY OF RALEIGH
(sKO[2179.DaC 2 }S

,
sm
Public Works Director V
ATTEST -
APPROVED AS TO FORM:

STATE OF Geor '�t�
COUNTY OF
ACKNOWLEDGEMENT
This is to certify that on the day of )&0 Qi( , 201 , before me
personally came � hC ti �r �- with whom Farn personally acquainted,
,
who, being b me duly sworn, says that (s) he is
the vi 0- Prf5i n C, n w r of Hanson Aggregates Southeast, LLC,
the limited liability company and principal ndrned in the foregoing i strume t; that the name of
the company was subscribed thereto by the said \1 i u ( idQ " 72nQlce 1 ,� a( and that
the instrument is the act and deed of the limited liability company.
Witness my hand and official seal this the of ja-v 20 t .
(SEAL) Notary u ZkEfl4
c� 1— -
(notary's printed name)
My Commission Expires:
ISKO 12179.DOC 2 ) 10

NORTH CAROLINA
CITY /MANAGER
COUNTY OF WAKE ACKNOWLEDGEMENT
This is to certify that on the day of rlEb , 20 1 q , before me personally came Gail
G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is
the City Clerk and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing; that she knows the
corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is
said corporate seal, and the name of the municipal corporation was subscribed thereto by the
said City Clerk and Treasurer and that the said corporate seal was affixed, all by order of the
governing body of said municipal corporation, and that the said instrument is the act and deed of
said municipal corporation. "1
fG�
WITNESS my hand and official seal this the 3 day of 2014.
My Commission Expires: D - l a0 L9'
i
{SKO12179.DOC 2 111

EXHIBIT 1
Being those easement areas identified as "NEW CITY OF RALEIGH GREENWAY
EASEMENT ", comprising 46,921 sq.ft. (1.08 acres); 4,809 sq. ft. (.110 acre); 88,130 sq.ft.
(2.032 acres); and 86,643 sq. ft. (1.989 acres), as shown and described on that exhibit plat entitled,
"EASEMENT ACQUISITION MAP FOR CRABTREE CREEK GREENWAY ", sheets I of 4, 2 of 4, 3
of 4, and 4 or 4, respectively, prepared by Stewart engineering company, and attached hereto as
EXHIBIT 1 -A.
{SKO 12179DOC 2 } 12

1 r NIF y ` `- \ EXHIBI 11-A
_ THEHAMPTONS �.
DEVELOPMENT COMPANY, LLG`
\ 4 20 7, PG 44 -2 -
BM 2007, PG 2444 -246
\ CENTERLINE OF
NORTH \ RICH LAND CREEK PIN 0706- 214 - -_ - --
NAD83(2011) \ \\�� IS PROPERTY LINE
- - - - -4
\ �� /w iL20 - - - -`--
�M
E[P s
L25
®EIP
L23
�L1 8 L24 L���
\ _
47.63' —.— ���•= �\� \ = <� p
k271- 4
L30
NEWCNYOF J a v
RALEIGH TEMPORARY L11 NEW CITY OF
GREENWAY EASEMENT \ \`4y RALEIGH TEMPORARY
(4,809 SF, 0.110AC) L10 1 \v, 4� " GREENWAY EASEMENT
(BB,130 SF, 2.032 AC)
NIF \m /
HANSON AGGREGATES
SOUTHEAST, LLC ti N1F
DB 14631, PG 744 �,\ BENCHMARK CAROLINA
BM 1990, PG 765 !� AGGREGATES. INC
PIN 0786 -30 -8569 '` - D8 1592, PG 351
(16.52 ACRES PER RECORDS) �. PIN 078634-920B
(168.9 ACRES PER RECORDS)
NEW CJYOF
RALEIGH TEMPORARY
GREENWAY EASEMENT
(46,921 SF, 1.077 AC) —
EXISTING PERMANENT
SLOPEEASEMENT
(BMA 2001, PG 1953)
EXISTING PERMANENT
LMLFFY EASEMENT
(BM 2001, PG 1953) A
L3
!ti
o
LEGEND
L2 f
�NI6°31'49 "E 18.54'
TIE LINE
THIS MAP IS NOT CERTIFIED
SURVEY CONTROL POINT
DzEe:
:Q SEAL
O EIP
EXISTING IRON PIPE
1
r
QECM
EXISTING CONCRETE MONUMENT
COMPUTED POINT
0.2% CHANCE FLOOD LINE
N.
m
- .........
1% CHANCE FLOOD LINE
r
m
—FW--
FLOODWAY LINE
\�
PROPERTY LINE SURVEYED
- - " -- .............
PROPERTY LINE NOT SURVEYED
\�
EASEMENT LINE
I
GREENWAY EASEMENT
SEE SHEET 2 FOR
GENERAL NOTES
L- ECh
f`
t
AND UNE TABLES
L2 f
�NI6°31'49 "E 18.54'
TIE LINE
THIS MAP IS NOT CERTIFIED
SURVEY
Y
7 -04'
Q
lam- GN EZO�u�
v�otA PUau
�NRIPB ECM
TRAV -2�RS
N:760851.569'
E-2064641.372' Vicinity Map_
AND HAS NOT BEEN REVIEWED B A
LOCAL GOVERNMENT AGENCY FOR
tit ai rs �
<<` CARP '
COMPLIANCE W" ANYAPPLICABLE
LAND DEVELOPMENT REGULATIONS.
Z" �+
C TREE CREEK GREENWAY
see: �" ®2.00'
DzEe:
:Q SEAL
MEREDITH TOWNSHIP, CITY OF RALEIGN
L7ra�VIVI
3 _
Ch
'
Cl
o 100 200 400
•,�RO .�;
r —
SCALE: I"= 200'
r
Not to scale �v �7
No„ni
GP,AETREE CREEK
It SITE
RICHLAND
CREEK --.j `
1 ouRALEJGH RD
r _ =
EASEMENT ACQUISITION MAP FOR:
Project No: G130zs
Ref No:
C TREE CREEK GREENWAY
see: �" ®2.00'
DzEe:
MEREDITH TOWNSHIP, CITY OF RALEIGN
L7ra�VIVI
WAKE COUNTY, NC?Ri H CAftC1LINA
Ch
10125113
of

LINE TABLE
LINE
BEARING
DISTANCE
Li
S 13 °6537 "E
155.24
L2
S76'42'12'YV I
44.66'
L3
N13'iT48 "bV
46.74'
L4
N28-0S-09-VV
75.74'
L5
NS8`10'2T'V'!
725.53'
L6
N59 "12'55 "W
104 -6T
L7
N59°i2'55'W
68.54'
LB
N35'29'03'W
159.92'
L9
S06"02'19"E
16224'
L10
S08'0Z'f9 "E
31 -87'
1-11
S16 °40'28 "F
47.67'
L12
S73`19'32°W
50.00'
LINIE TABLE
LINE
BEARING
DISTANCE
L13
N16'40'28'W
47.67'
114
N27 "18'38 "4V
54 -10
L15
N27 "18'36'W
327 ST
L16
S62 '4i'22"W
2161'
L17
N34'2T52"VV
74.OB'
L18
NO2'3T5T'E
106.14'
L19
I N01 °31'56 "E
32-52'
L20
NO3'355SIM
16.49'
L21
1406`34'31"W
35.82'
L22
N05`055i"W
67.86'
L23
N00'33'0a1W
26.04'
L24
N06- 45'13 "E
23.24'
GENERAL NOTES
LIME TABLE
BEARING
DISTANCE
ALINE
N05'DT59 "E
13.26r
L26
531 - 43'56" E
217.35'
L27 I
S12 °46'15 "W
71 -BT
L28
500'49'28 "E
61.13'
L29
S14'04TYE
58.40'
LSD
S27 °18'33 "E
46.59'
L31
1469 °1419 "E
I 112.05'
L32
S20'464VE
4677'
L33
535'29'03"E
i5B.69'
L34
S47 "20'59 "E
93.74'
L35
S50'E9'07"E
123.05
L36
S74'3T15 "E
89.41'
THIS PLA i iS INTENDED TO REPRESENT CITY OF RALEIGH TEMPORARY GREENWAY EASEMENTS ON A PORTION OF THE
PROPERTY OF BENCHMARK CAROLINAAGGREGATES, [NC., PINS 0768 -34 -9208, AND HANSON AGGREGATES SOUTH]--AST, LLC,
PIN 0785 -30 -8569, ANO IS NOT AS OUNDAR-Y SURVEY. THIS SURVEY WAS PEREORMED WITH OUT THE BENEFIT OF ATLLLE
REPORT AND THEREFORE ALL ENCUMBRANCES UPON THE PROPERTY MAY NOT BE SHOWN.
2_ REFERENCES:
DEED BOOK 1592 PAGE 361
DEED BOOK 14631, PAGE 744
BOOK OF MAPS 1990, PAGE 765
BOOK OF MAPS 2001, PAGES 1953 -1955
3. HORIZONTAL DATUM IS NAD 83 (20i 1) AND VERTICAL DATUM i5 NAVD8B. BASED ON GPS METHODS USING REAL -TIME
KINEMATIC SOLUTIONS FOR THE SURVEY CONTROL POINTS SHOWN HEREON AND TIED TO NORTH CAROLINA GEODETIC
SURVEY MONUMENTS "ANNE LAKE 3" AND "PATROL Z%
"ANNE LAKE 3" "PATROL 2"
N 772886.53' N 747347.05'
F 2060781 -95' E 2036727.63'
EL 376.9S' EL493 -99'
4, THE INITIAL STATE PLANE POSTIONS FOR THIS SURVEY WERE SCALED FROM GRID TO GROUND FROM A PROJECT LOCATION
OF N:760851.53Y E:2084641.374 AN ELEVATION OF 361.55', USING A COMB INED FACTOR OF 0.99991 B36,
li. THE SUBJECT PROPERTY IS ZONED PIN 0783- 349248 "RA" (RESIDENTIAL) AND PIN 0786 -30 -8569 "R -6" (RESIDENTIAL) PER THE
WAKE COUNTY GEOGRAPHIC INFORMATION SYSTEM.
THE SUBJECT PROPERTY LIES IN ZONES X (AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE AND FUTURE
CONDITIONS 1 % ANNUAL CHANCE FLO DOP LAIN), X (SHADED) (AREA OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF FUTURE
CONDITIONS 1% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1
FOOT OR WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM VA ANNUAL
CHANCE FLOOD), AE (AREA DETERMINED TO BE INSIDE THE 1%. ANNUAL CHANCE FLOOD, BASE FLOOD ELEVATIONS
DETERMINED), AND FLOODWAY (DELINEATED FLOODWAY OF A STREAM). BASED ON THE FLOOD INSURANCE RATE MAP
COMMUNITY MAP NUMBER 3720078600J DATED MAY?- 2308. FLOOD HAZARD LINES SHOWN HEREON ARE FROM
NCFLOODMAPS.CUM.
B. ADDRESS: PIN 0786 - 30569 -4521 DURALEIGH ROAD
PIN 0785-34-9208-5209 DURALEIGH ROAD
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THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
EASEMENT ACQUISITION MAP FOR: FmjeclNo: G1 3D26 RafNo: -
C BTREE CREEK GREENWAY stele: NA Date: 10118113
MEREDITH TOWNSHIP, CITY OF RALEIGN
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STEWART WAKE COUNTY, NORTH CAROLINA Check =d BT: RWP GF

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GREENWAY EASE %9 ENT
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BENCHMARK CAROLINA
AGGREGATES, ING
DB 1592, PG 361
PIN 0786 -34 -9208
(166.9 ACRES PER RECORDS)
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- (86 643 SF, 1.969 AC)
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NIF
HANSON AGGREGATES
SOUTHEAST, -LLC
DB 14831, PG 744
BM 199D, PG 765
PIN 078P- 30 -B559
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7.04-
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TRAV 2 -IRS
N:760 61.588'
E2034641 -372'-
SEE SHEET2 FOR
GENERALNOTES
AND SHEET FOR
LINE TABLES
THIS MAP IS NOT A CER11FIED SURVEY
AND RAS NOT BEEN REVIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANYAPPLICABLE
LAND DEVELOPMENT REGULATIONS.
95L
x._ Project Nw 1313028 Ref No;
= .. EASEMENT ACQUISITION MAC FOR:
CRABTREE CREEK GREENWAY scale_ r' =200' Date: 16r25i13
S MEREDITH TOWNSHIP, CITY OF RALEEGN Drawn B Y RWP D[aw ng No:
ry
,„ —I— WAKE COUNTY, NORTH CAROLINA Checked By: RVVP J DF 4
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SLOPE EASEMENT
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(81+12001, PG 1953)
NIF
HANSON AGGREGATES
SOUTHEAST, -LLC
DB 14831, PG 744
BM 199D, PG 765
PIN 078P- 30 -B559
CA rrls�
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7.04-
316-51-4gmf 18.54'
TIE LINE ONLY
TRAV 2 -IRS
N:760 61.588'
E2034641 -372'-
SEE SHEET2 FOR
GENERALNOTES
AND SHEET FOR
LINE TABLES
THIS MAP IS NOT A CER11FIED SURVEY
AND RAS NOT BEEN REVIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANYAPPLICABLE
LAND DEVELOPMENT REGULATIONS.
95L
x._ Project Nw 1313028 Ref No;
= .. EASEMENT ACQUISITION MAC FOR:
CRABTREE CREEK GREENWAY scale_ r' =200' Date: 16r25i13
S MEREDITH TOWNSHIP, CITY OF RALEEGN Drawn B Y RWP D[aw ng No:
ry
,„ —I— WAKE COUNTY, NORTH CAROLINA Checked By: RVVP J DF 4

Instrument prepared by: Raleigh City Attorney's Office and Styers, Kemerait
& Mitchell, PLLC
Brief Description for Index: Crabtree Creek
Parcel Identifier: PIN# 0786349208
Mail after Recording to: City Attorney's Office
P. 0. Box 590, Raleigh, N.C. 27602
!
THIS DEED OF EASEMENT is made this U� day of G�ivt�r�r 2014,
(the "Effective Date ") by HANSON AGGREGATES SOUTHEAST. LLC, a Delaware
limited liability company with an address of 2310 Parklake Drive, Suite 550 Atlanta,
Georgia 30345, hereinafter referred to as "Hanson" or the "Grantor ", to the CITY OF
RALEIGH, a North Carolina municipal corporation with an address of P.O. Box 590
Raleigh, NC 27602, hereinafter referred to as the "City." The Grantor and the City are at
times referred to herein as "Party" or "Parties " ".
WHEREAS, the City of Raleigh has established and presently operates the
Capital Area Greenway Program, which has as its purposes the conservation of natural,
scenic, or ecologically valuable properties (generally known as "greenways "), and the
(SK012178.DOC 3 ) I

development and provision for public use of paved or unpaved trails ( "greenway trails ")
within such properties; and
WHEREAS, the Grantor is the owner in fee simple of certain real property, more
particularly identified as P1N 786349208 (the "Property "); and
WHEREAS, the Property is subject to that certain permit number 92 -03 for the
operation of a crushed stone quarry issued by the North Carolina Department of
Environment and Natural Resources (the "Mining Permit "); and
WHEREAS, certain areas of the Property have aesthetic, conservation,
ecological, and recreational values in their present state, which values should be
preserved and maintained for use and enjoyment by the public in the future; and
WHEREAS, the City has planned to construct, and intends to make available for
public use, the Crabtree Greenway Trail (the "Project" or "Greenway Project "), portions
of which are to be located on areas of the Property; and
WHEREAS, the Grantor and the City have entered into a Settlement Agreement
dated ? I ( "Settlement Agreement ") in order to resolve a longstanding legal
dispute concerning the quarrying activities permitted on the Property, the resolution of
such matters having implications for the location of greenway trails and easements to
accommodate such trails: and
WHEREAS, pertinent provisions of the Settlement Agreement are incorporated
into that Declaration of Covenants, Conditions, and Restrictions ( "Declaration of
Covenants ") dated ''� v / , and recorded in Deed Book __... , Page
Wake County Re istry; and
WHEREAS, in furtherance of the above referenced environmental and
conservation objectives and the Greenway Project, in accordance with terms of the
referenced Settlement Agreement, and subject to the conditions, terms and restrictions
hereof, Hanson has agreed to convey to the City this non - exclusive conservation and
greenway easement (the "Easement ") over portions of the Property, (the "Easement
Area") and the City has agreed to accept such Easement; and
WHEREAS, the City of Raleigh acknowledges that the Easement Area is part of
an active mining operation and;
WHEREAS, consistent with terms of the Settlement Agreement, the City has.
agreed that it will have limited access to and will not operate a greenway, including a
greenway trail, on the Easement Area until the end of the Reclamation Period referenced
in the Settlement Agreement and Declaration of Covenants, which period will be at most
forty (40) years from the date of this instrument.
{SK012178.DOC 3 }2

NOW, THEREFORE, in consideration of the Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and
in further consideration of the mutual covenants, terms, conditions, and restrictions
hereinafter set forth; the Grantor has bargained and sold, and hereby sells, grants and
conveys to the City, its successors and assigns forever, an Easement of the nature and to
the extent hereinafter set forth, in and over the lands of the Grantor described as follows:
See Exhibit 1, attached.
The terms, conditions and restrictions of this Easement are as follows:
ARTICLE L PURPOSE AND USES
I. The purpose of the Easement is to preserve, protect, and maintain the Easement
Area in its current state area while providing for certain recreational uses of the Easement
Area in the future.
2. The qualities of the Easement Area intended to be protected under this Easement
include conservation of the natural heritage of the area; water pollution control and
abatement, ecological preservation; wildlife habitat management; preservation of the
visual amenities of the Easement Area; preservation of a natural ecosystem (collectively,
"conservation values "); and provision of a recreation resource, specifically, a future
greenway trail, to members of the public.
3. Subject to those terms, conditions, and restrictions set forth herein, and expressly
subject to those rights reserved by the Grantor in Article III hereof, the Easement Area
shall be preserved and maintained in its current state for use as a conservation and future
recreation area.
4. At a date to be fixed in accord with terms of the Settlement Agreement and
Declaration of Covenants (which date will be at most 40 years from the execution
hereof), ( "City's Access Date "), the City may construct a paved or unpaved trail, or trails,
( "Greenway Trails ") within the Easement Area, and facilities incidental to and for the
convenience of user of the Greenway Trail, such as observation platforms, boardwalks,
litter receptacles, benches and similar convenience facilities. Following completion of
construction of the Greenway Trail, the City shall incorporate the Easement Area as a
component of the Capital Area Greenway System of the City. After the Easement Area
has been incorporated as a component of the Capital Area Greenway System, members of
the general public shall have free access to and use of the Easement Area, subject to the
laws and ordinances of the City of Raleigh, and for the purposes allowed under the
official Greenway Program of the City, including walking, educational tours, scientific
study of the Easement Area and its natural ecosystems, hiking, bike riding, jogging and
picnicking. Such uses of the Easement Area shall all be in accord with the Capital Area
Greenway Plan and Program and with the terms and conditions hereof.
{SK012178.DOC3 13

5. (a) Prior to the City's Access Date and subject to the requirements of Article IV,
section 3 hereof, the City may have access to and use the Easement Area for the purpose
of conducting periodic inspections to insure the conservation covenants of this Easement
are observed.
(b) Beginning no sooner than two (2) years prior to the City's Access Date and
subject to the requirements of Article IV, section 3 hereof, the City may have access to
the Easement Area for purposes of conducting surveys, soil borings, and other
investigations as incidental to planning the construction of greenway trails and/or
commencing and proceeding with greenway trail construction work, so long as such
access of the Easement Area by the City does not interfere with any of the reclamation
obligations of the Grantor required by the Mining Permit.
6. Upon completion of construction and opening of the Greenway Trail to members
of the public, the City shall have the right and duty to maintain the Easement Area in a
clean, natural and undisturbed state, consistent with the City's Master Greenway Plan.
7. There shall be no access by the City, the State, or members of the general public
granted by this Easement to any other property of the Grantor, save that conveyed herein.
8. The Grantor shall remain the fee owner of the property subject to this Easement
for purposes of applicable land use regulations (including measurement of building
setback distances, density credit transfers, and similar regulations); the payment of taxes
on the property; and other applicable laws and ordinances.
ARTICLE r 1 AND ' ' 1 ACTIVITIES; EXCEPTED
• 1 RESERVED RIGHTS
Expressly subject to the Grantor's reserved rights, any activity conducted by
either Party on, or use of, the Easement Area inconsistent with the purposes of this
Easement is prohibited. By way of illustration and not limitation, the following activities
and uses of the Easement Area are expressly prohibited:
1. Industrial and Commercial Use. Industrial and commercial activities of any type,
and ingress and/or egress for such purposes are prohibited, except for those activities
contemplated under and allowed by the Mining Permit and Settlement Agreement,
provided, however, such activities shall be in strict conformance with terms of the
Settlement Agreement and Declaration of Covenants.
2. A_ricultural Timber Harvesting. Grazing and Horticultural Use. Agricultural,
timber harvesting, grazing, horticultural and animal husbandry operations are prohibited,
except for those activities contemplated under and allowed by the Mining Permit and the
Settlement Agreement, provided, however, such activities shall be in strict conformance
with terms of the Settlement Agreement and Declaration of Covenants.
{SKO12178.DOC 3 } 4

3. Disturbance of Natural Features Plants and Animals. Except as otherwise
contemplated under and allowed by the Mining Permit and the Settlement Agreement,
there shall be no cutting or removal of trees, or disturbance of other natural features,
including plant and animal life, except for the following: (1) as incidental to boundary
marking, fencing, signage, construction and maintenance of greenway trails and related
convenience facilities, and public accesses allowed hereunder; (2) selective cutting and
prescribed burning or clearing of vegetation, and the application of approved pesticides
for fire containment and protection, disease control, restoration of hydrology, wetlands
enhancement and/or control of non - native plants (such to be in strict conformance with
terms of the referenced Settlement Agreement); and/or (3) hunting and fishing,
(otherwise permitted by law or ordinance) pursuant to applicable rules and regulations.
4. Construction of Buildings; Structures; Signage. Except as otherwise contemplated
under and allowed by the Mining Permit and the Settlement Agreement, there shall be no
constructing or placing of any building, mobile home, asphalt or concrete pavement,
billboard or other advertising display antenna, utility pole, tower, conduit, line, pier
landing, dock or any other temporary or permanent structure or facility on or above the
Easement Area, except for the following. placing and display of no trespassing signs;
state or federal traffic or similar signs; greenway trail signs; for sale or lease signs; signs
identifying the conservation values, and /or signs identifying the Grantor as the owner of
the property and the City as holder of this Easement; educational and interpretive signs;
identification labels or any other similar temporary or permanent signs, as approved by
the City; and installation and maintenance by the City of perimeter fencing along the
Greenway, in accordance with terms of the Settlement Agreement and recorded
Declaration of Covenants.
5. Mineral Use, Excavation Dredging. There shall be no filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, or other
minerals, and no change in the topography of the land in any manner except as necessary
to prevent erosion or incidental to Greenway Trail construction or conservation
management activities otherwise permitted by this Easement, except for those activities
contemplated under and allowed by the Mining Permit and the Settlement Agreement,
provided, however, such activities shall be in strict conformance with terms of the
Settlement Agreement and Declaration of Covenants.
6. Wetlands and Water Quality. There shall be no pollution or alteration of water
bodies and no activities that would be detrimental to water purity or that would alter
natural water levels, drainage, sedimentation and /or flow in or over the Property or into
any surface waters, or cause soil degradation or erosion, nor diking, dredging, alteration,
draining, filling or removal of wetlands, except activities to restore natural hydrology or
wetlands enhancement as permitted by the State and any other appropriate authorities and
as allowed by the Mining Permit, so long as such activities are in strict conformance with
the Settlement Agreement and Declaration of Covenants.
(SK012178.DOC 3 ) 5

7. Dumping. Dumping of soil, trash, garbage, waste, abandoned vehicles, appliances,
machinery, or other materials on the Easement Area is prohibited.
ARTICLE III. RESERVATION OF RIGHTS BY GRANTOR
1. Fee Ownership. The Grantor shall remain the fee owner of the Property subject to
this Easement for purposes of applicable land use regulations (including measurement of
building setback distances, density credit transfers, and similar regulations); the payment
of taxes on the Property; and any other applicable laws and ordinances.
2. Non - Exclusive Easement. The Easement is non - exclusive. The Grantor expressly
reserves the right to continue the use of the Easement Area for all purposes not
inconsistent with this Easement and consistent with the Settlement Agreement, including:
(1) the use, operation, and maintenance of existing settling ponds; (2) the maintenance of
the temporary stockpile materials; and (3) activities conducted in furtherance of an
approved Reclamation Plan. The use of the Easement Area for all purposes shall not be
inconsistent with this Easement and shall be consistent with the Mining Permit and
Settlement Agreement.
3. Noise, Dust, and Vibration Exception. The Grantor expressly excepts from the
provisions of the Greenway Easement and, for its successors and assigns, reserves the
right to cause vibrations, noise, dust, particulates, debris, and other similar materials and
odors to be in the air above, descend upon, go across, or go through the Easement Area,
and in general to subject the Easement Area to all similar consequences arising from the
location and operation in the vicinity of the Easement Area of any the Crabtree Quarry
and related activities; including without limitation equipment operation and truck traffic
at, to and from Crabtree Quarry. By accepting this grant of Greenway Easement, the City
hereby subordinates its rights under the Greenway Easement to those of the Grantor
relating to noise, dust, and vibration as enumerated above ( "Noise, Dust, and Vibration
Exception`'). Notwithstanding the foregoing, nothing contained herein shall be construed
to allow Grantor's vehicles, equipment, employees or customers to physically enter the
Easement Area or to conduct mining operations thereon. This Noise, Dust and Vibration
Exception shall terminate upon the expiration of the Reclamation Period, as provided
under terms of the Settlement Agreement and Declaration of Covenants.
1. Enforcement. Subject to the terms and conditions hereof.. the City shall have
authority and responsibility for enforcement of the terms of this Easement. Any
forbearance by either the City or Grantor to exercise rights hereunder in the event of
breach of any term, condition, or restriction shall not be deemed or construed to be a
waiver of any right of enforcement. No delay or omission by the City or Grantor in the
exercise of any right or remedy shall impair such right or remedy, or be construed as a
waiver.
2. Settlement Agreement. No provision of this Easement shall be construed or
applied to limit the rights of, or remedies available to, the Parties under terms of the
,SK012178.170C 3 16

referenced Settlement Agreement and Declaration of Covenants. In the event of
ambiguity or inconsistency between provision of this Easement and the Settlement
Agreement and Declaration of Covenants, the latter shall prevail.
3. Access; Oversi hg t; Inspections. Prior to the City's Access Date, consistent with
the Settlement Agreement and Article I, section 5(a) and (b) hereof, the City may have
limited access to and use of the Easement Area. Such limited access requires forty eight
(48) hours prior notice to Grantor. Because, prior to the City's Access Date, the Property
will be an active mine under the jurisdiction of the U.S. Department of Labor Mine
Safety and Health Administration ( "MSHA "), the City, its employees, contractors,
representatives and agents shall be considered a contractor under MSHA rules and
regulations and will subject to all MSHA rules and regulations while on the Property,
including the requirement to have safety training prior to entering the Property. The City,
and any of its employees, contractors, representatives and agents that access the
Easement Area prior to the City's Access Date must be accompanied by representative of
Grantor during such inspection. In addition to the foregoing requirements, when the City
requests access to the Easement Area for the purposes specified in Article 1, section 5(b)
hereof, any employee, contractor, representative and agent of the City shall be required to
execute a right of entry agreement provided by Grantor at the time of the request to
access.
4. Breach of Easement Conditions; Remedies Generally. Upon breach of any of the
terms and conditions of this Easement by the City or by Grantor, or anyone acting for or
under authority of the defaulting party, the non - defaulting party shall, except as provided
below, notify the defaulting party in writing of such breach. The defaulting party shall
have thirty (30) days after receipt of such notice to correct any conditions constituting
such breach. If the breach remains uncorrected after thirty (30) days, the non - defaulting
party may enforce the terms and conditions of this Easement by any appropriate legal
proceedings, including actions for damages, injunctive, and other relief. In addition,
either party shall also have the further power and authority to:
(a) immediately abate or prevent any impairment or degradation of the
property subject to the Easement by acts which may be unlawful or otherwise in violation
of this Easement; and
(b) otherwise preserve or protect its interest in the property; and
(c) seek damages from any appropriate person or entity.
ARTICLE V. MISCELLANEOUS
1. City's Covenant and Indemnity. To the extent authorized by law, the City agrees
to hold the Grantor harmless from liability for personal injury or property damage arising
out of the use of the Easement Area for public Greenway purposes, including rights and
duties granted to the City in this Easement; provided, the Grantor shall not be held
harmless from liability caused by its active fault or solely by the negligence of the
{SKO121 ADOC 3 17

Grantor, its agents, invitees, or contractors; or solely by acts of the Grantor, its agents,
invitees, or contractors which violate the terms and conditions of this Easement. The
Parties acknowledge that the authority of a municipality to indemnify against claims has
not been established by any N.C. statute or court decision.
2. Grantor's Covenant and Indemnity. Prior to the City's Access Date, Grantor agrees
to hold the City harmless from liability for personal injury or property damage arising out
of the uses by and activities of the Grantor within the Easement Area, including rights
reserved by Grantor hereunder; provided, the City shall not be held harmless from
liability caused by its active fault or solely by the negligence of the City, its agents,
invitees, or contractors; or solely by acts of the City, its agents, invitees, or contractors
which violate the terms and conditions of this Easement.
3. Jurisdiction and Venue. In the event of any dispute arising under terms of this
Easement, jurisdiction shall be in the courts of North Carolina, and venue shall be in
Wake County.
4. Severability. If any provision of this Easement is declared void, invalid or
otherwise unenforceable far any reason by a court of competent jurisdiction, the
remaining provisions shall continue to be fully effective and enforceable, it being the
express intent of the Parties that the provisions hereof be Severable.
TO HAVE AND TO HOLD the right, privileges, and easements herein granted
to the City, successors and assigns forever. The Easement shall run with the land as
a perpetual servitude, and shall be binding upon the Grantor and its agents, personal
representatives, heirs, successors and assigns forever.
THE EASEMENT AREA does not comprise a primary residence of the Grantor.
AND THE GRANTOR COVENANTS that it is vested of the Easement, and has
the right to convey the same; that the same are free from encumbrances except as
hereinafter stated, and that the Grantor will warrant and defend title to the same against
the claims of all persons whomsoever.
Subject to easements, encumbrances and restrictions of record.
ISKO12178.DOC3 }$

IN WITNESSETH WHEREOF, the Grantor has duly executed the foregoing
instrument i the na of the limited liability company, by the signature of its em ZWA M M QQ 6 as the act and deed of the limited liability company, and
the City has executeA the instrument in its corporate name, by the signature of its
(Interim) City Manager, attested by its City Clerk - Treasurer, for the purpose of giving
and memorializing its consent thereto, all on the day and year first above written.
HANSON AGGREGATES SOUTHEAST
LLC
By (SFAL)
MIA Z , MOO- Z/ 0
{SKO12178.DOC:3 ) 9

A � a
In
PROPERTY O C TP ON APPROVED:
_. . ......... ...
Consented to:
THE CITY OF RALEIGH
Al ltbl:
By:
APPROVED AS TO FORM:
�,.
{SK012178.DOC 3 } 10

STATE OF`1,.0, co�iG�
COUNTY OF WP,(\,( ,
ACKNOWLEDGEMENT
This is to certify that on the ��' day of "�In Q.r , 2014, before me
personally came iS th whom I am
personally acquainted ho, being be me duly sworn, says that (s) he is
the V ' u ,. i Ax C'1C of Hanson Aggregates
Southeast LLC , the limi ed liability compa y and principal named in the foregoing
instrument; that t e name of the company was subscribed thereto by the said
v j lq ( nQa( agoand that the instrument is the act and deed of
the limited liabili y company.
Witness, ;� }rind and official seal this the day of \&QUC , 2014 .
Q�tyOTA
'fREs
(St PEORGIA Notar Pu
, b i
SEPT 9 2016 �aY� �r�.� • 1� S
(notary's printed name)
YC
My Commis lon Expires.
{SK012178.D0C 3 )1 l 1

NORTH CAROLINA
CITY /MANAGER
COUNTY OF WAKE ACKNOWLEDGEMENT
This is to certify that on the 3 day of Ft-f7, 201 q , before me
personally came Gail G. Smith, with whom I am personally acquainted, who, being
by me duly sworn, says that she is the City Clerk and Treasurer and Ruffin L. Hall
is the City Manager of the City of Raleigh, the municipal corporation described in
and which executed the foregoing; that she knows the corporate seal of said
municipal corporation; that the seat affixed to the foregoing instrument is said
corporate seal, and the name of the municipal corporation was subscribed thereto
by the said City Clerk and Treasurer and that the said corporate seal was affixed,
all by order of the governing body of said municipal corporation, and that the said
instrument is the act and deed of said municipal corporation.
WITNESS my hand and official seal this the �J day of
2014.
teL� ° ° ° °°
°C ary Public
Notary's Printed Name
c�
(SEAL)
My Commission i Asa° V• lL b L
sxaIzt7s.DOC 1 } 12

EXHIBIT 1
Being that easement area identified as "NEW CITY OF RALEIGH
GREENWAY EASEMENT ", comprising 329,204 sq. ft. (7.558 acres) as
shown and described on that exhibit plat entitled, "EASEMENT
ACQUISITION MAP FOR CRABTREE CREEK GREENWAY ", sheet I of 3,
2 of 3, and 3 of 3, respectively, prepared by Stewart engineering company, and
attached as EXHIBIT 1 -A.
(sKO12178.DOC 3 ;13

(h -.
NORTH /
NA053 (2011)
h
J F
J
EXHIBIT 1 -A
NEW CITY OF RALEIGH
43 GREENWAY EASEMENT
s- f `r (329,204 SF, 7.558 AC) —
v
.................
N`P 1STATE OF NORTH CAROLINA
PIN 0788 -02 -1978
_FlV CENTERLINEOF
CRABTREE CREEK
PROPERTY LINE
EXISTING PERMANENT
SLOPE EASEMENT —
(SM 2001, PG 1955)
f off % /j, BENCHMARKCAROLINA
1 J��� off f,� — AGGREGATES. INC
03 1592, PG 36-1
ff -f o PIN 0786 -34 -9298
(iC89 ACRES PER RECORDS)
Ld
�><2
7L7
0 75 150 300
SCALE: 1" = 150'
SEE SHEET 3 FOR
GENFRA.L NOTES
AND LINE TABLES
. SEAL 7t
L-5023
r
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r
z
s� o
Z�
N J
4/
572�� p 33.,
E
Lff�r737-a�'
� Gn`LY
oPe
/ LEGEND
EASEMENT ACQUISITION MAP FOR:
CRABTREE CREEK GREENWAY
MFREDIT°i TOWNSHIP, CITY Y ()F PP,LEiGN
WAKE COUNTY, NORTII CAROLINA
SURVEY CONTROL POINT
❑ECM
EXISTING CONCRETE MONUMENT
©
7L7
0 75 150 300
SCALE: 1" = 150'
SEE SHEET 3 FOR
GENFRA.L NOTES
AND LINE TABLES
. SEAL 7t
L-5023
r
�ra�QD �i - Q•`.
r
z
s� o
Z�
N J
4/
572�� p 33.,
E
Lff�r737-a�'
� Gn`LY
oPe
/ LEGEND
EASEMENT ACQUISITION MAP FOR:
CRABTREE CREEK GREENWAY
MFREDIT°i TOWNSHIP, CITY Y ()F PP,LEiGN
WAKE COUNTY, NORTII CAROLINA
SURVEY CONTROL POINT
❑ECM
EXISTING CONCRETE MONUMENT
©
COMPUTPO POINT
--- --
0.2% CHANCE FLOOD LINE
i % CHANCE FLOOD LINE
---- .....v f - -----
FLOODWAYLINE-
° °-
PROPERTY LINE SURVEYED
-- - --
PROPERTY LINE NOT SURVEYED
EASEMENT LINE
GREENWAY EASEMENT
Vicinity Map:
Nat to scale ?TlCR
anrn
CRABTREE CREEK
1 SITE
RICKJAND l `\�Lr
CREEK
I pURALQGH RR
1'ROCKW""
STEWART
EASEMENT ACQUISITION MAP FOR:
CRABTREE CREEK GREENWAY
MFREDIT°i TOWNSHIP, CITY Y ()F PP,LEiGN
WAKE COUNTY, NORTII CAROLINA
Pr °je`tN °= G13026
ReeNo
s °�I�: r ° =,so'
Date:
Drawn Fay: ii p
oraue�Nn:
CFsecE.e1 By: RWP
1 OF 3

N!F
P �
THE HAMPTONS DEVELOPMENT
COMPANY, LLC _ /�-
DBi1903,PG91
8NI200a, PG 1009 BENCHMARK
PIN 0785- 22 -78 "00 CAROLINA
\ \� AGGREGATES. INC �/
-- 1
1IN 592, 361 4- %
` \ (168.9 ACRES PER 1
NORTH [
`RECORDS} I9 NA083(2011) f4U^ l{
\ yr' 1ATEOF NORTH
CENTERLINE OF �� f =,��' CAROLINA
CRABTREE CREEK // / f ,��'g PIN 079S -42 -1978
IS PRO PERTY LINE JJ�� y ��` ` � -
! f r''
fir! %���'} /������•�� /!:. %� L2s� �� f�
Lao z �T .!
J uJ � r
L14
NEW CITY OF RALEIGH
? GREENWAYEASFMENT
(329,204 SF, 7.558 AO)
1 ` N1F
BENCHMARK CAROLINA
f AGGREGATES. INC
' ➢B 1592, PG 361
t 'V PIN 078fi -34 -9206
(160 -9 ACRES PER RECORDS)
1 (/
SEE SHEET 3 FOR
GENERAL NDTES
THIS IviAP IS NOT A CERTIFIED SURVEY AND LINE TABLES
AND HAS NOT BEEN REVIEWED BY 4 ++t+t�CA r
LOCAL GOVERNMENT AGENCY FOR + +�`% R04 ar LEGEND
COMPLIANCE YJITFI ANY APPLICABLE O f,
LAND DEVELOP[,AEIffREGUTAT[ONS. r Z••'{ : Sfa•, 9
Q SURVEY CQNTROL POINT
,p •j..• ❑ECh4 EXISTING CONCRETE MONUMENT
$EA,L A GOMPUTEDPOINT
L -5023 r; 02% CHANCE FLOOD LINE
F F1fJ F ........... ODWAY LINE LfNE
G
�� '•
....................... PROPERTY LIKESURVEYED
" "fi' : �H'••"• ��e'` a ` .............................. PROPERTYLINE NOT SURVEYED
75 150 jpQ rrrr J + ® GR Ef INE
G BEEN NWAY WAY PAS EfrlENT
SCALE: V= 150'
'." EASEMENT ACQUISITION MAP FOR: Pr °lectlEo:613426 REtNO:
T EE CREEKGREENWAY Scale: 1° =150° Date: 10125' €3
STEWART
MEREDITH 3YlWl4SHIP, CITY OF RALFIGN Drawn By: RWP
WAKE COUNFY, NORTH CARDLfNA Checked Hy: RWI? Or

LINE TABLE
LINE
BEARING
DISTANCE
Li
S64=59'52 "E
459 41'
L2
N6415'49 "E
51.31'
L3
N22`0D'13 "E
61 -31'
L4
1118 "23'55 "E
69.29'
LS
N28 "4T33 'E
33,81'
L27
N17 ° 35'34 "E
14520'
L7
N10"3TO E
20.84'
L
NO3 °30'29 "E
63.44'
L30
IN10 °33'01"E
28.20'
Li❑
N17'35'34 'E
62.73'
Lit
N33 "56'57 "E
153 -90'
L12
N62 °4724 "E
153.90'
L13
N80'2550 "E
303.73'
L14
S85 '06TVE
39.76'
L15
656°11'43 "E
49.01'
L16
S41 °44'34'E
r3,
1-17
S55 °37'39 "E
42.52'
LiB
563 °23'57 "E
53 -75
L19
S15 °16'53 'VJ
324.07'
L20
V _1
:;sVHI 'W'F
S4 11:3 01 iDT "E
135.24'
f
t F'
LINE TABLE
LINE I
BEARING
DISTANCE
L43
N28 °57'21 "E
49.04'
L546'02'44"E
1121 °14'56 "P
23.89'
L24
584 °3619 "E
20.84'
L25
S46'54'40 'E
61,50'
L26
S49 °43'02 'E
42.22'
L27
944-58',97-F-
53.11'
L28
845 °37'27 "E
64 -13'
L29
372`13'32'E
9125'
L30
S8a'23'32 "E
65.95'
L31
1103 °06'33 "W
119 -91'
L22
S7 ['45'28-W
13226'
L33
S66'46'3WYV
25.37'
L34
S56 °33'57 "VV
37.51'
L35
S50 "24'50 "W
39.76'
L35
S4G"04'31 'W
49.01'
L37
SW25'27W
37.46'
L38
S32'10'10"W
42.52'
L39
S27'24'0B"W
118.61'
L40
567`12'17 'E
94.62'
V?I1
L42
NG:9 ":i1i °431
N 5'51'307:
16.12,
.... ......
_ B2.97'
97
GENERALNOTES
LINE TABLE
LINE
BEARING
DISTANCE
L43
N28 °57'21 "E
49.04'
L44
1121 °14'56 "P
57-04'
L45
1107 °17`13 "E
5TOY
L46
N00 °01139 'W
68 -76'
L47
1100 °01'45 "E
47.54'
L45
N05'13'15 "W
19 -26'
1-49
N05 °18'19 "E
51.40'
L50
N69'ii`14 'E
5128'
L51
N51 °00'30 'E
58.93'
L52
M67 °55'53 "E
72.91'
L53
N80 °43142 1E
64.69'
154
571'2T44 "E
48.15
L55
S62 °5511 "E
70.52'
L55
859 °33133 "E
62 -03'
L57
S69 "07'06 "E
I 114.17'
L58
S73 °53'11 "E
84.19'
L59
S79'19'35 "C
32.3©'
L60
S76 "3927 "E
57.10'
L61
S53 "46'0i "E
90.11'
L62
S36'37'22"W
124.83'
THIS PLAT IS INTENOrD TO REPRESENT CITY OF RALEIGH GREENWAY EASEMENTS ON A
PORTION OF THE PRO PeRTY0F BENCHMARK CAROLINA AGGREGATES, iNC., PIN 0766 -34 -9206,
AN IS NOT BOUNDARY SURVEY. THfS SURVEY WAS PERFORMED VOTHOUTTHEBENEFIT OF
A TITLE REPORT AND THEREFORE ALL ENCUMBRANCES UPON THE PROPERLY MAY NOT BE
SHOWN.
2. REFERENCES:
DEED BOOK 1592, PAGE 361
DEED BOOK 14831, PAGE 744
800K OF MAPS 1990, PAGE 765
BOOK OF MAPS 2001, PAGES 1953 -1955
3. HORIZONTAL DATUM IS NAD 83 (2011) AND VERTICAL DATUM IS NAVDB8. BASED ON GPS
METHODS USING REAL -TIME KTNEMATIG SOLUTIONS FOR THE SURVEY CONTROL POINTS
SHOWN HEREON AND TIED TO NORTH CAROL114A GEODETIC SURVEY MONUMENTS "ANNE LAKE -
3" AND "PATROL 2 "-
"ANNE LAKE 3" "PATROL 2"
N 772886 -53' N 747347,08'
E 2000781.95 E 2086727 -63'
EL 376.96' EL493.99'
4. THE INITIAL STATE PLANE POSTIONS FOR THIS SURVEY WERE SCALED FROM GRID TO
GROUND FROM A PROJECT LOCATION OF 11:760851.539'E2064641,372', AN ELEVATION OF
361.55', USING A COMBINED FACTOR OF 0.99991636.
5, THE SUBJECT PROPERTY IS ZONED PIN 0785 -34 -9208 "R4" (RESIDENTIAL) AND PIN WB6 -30 -3569
"R-8" (RESIDENTIAL) PER THE WAKE COUNTY GEOGRAPHIC INFORMA-11014 SYSTEM. -
7- THE SUBJECT PROPERTY LIES IN ZONES X (AREA DETERMINED TO BE OUTS IDE THE 02F
ANNUAL CHANCE AND FUTURE CONDITIONS IA ANNUAL CHANCE FLOCOPLAIN), X (SHADED)
- (AREA OF O 2% ANNUAL CHANCE FLOOD; AREAS OF FUTURE CONDITIONS 1% ANNUAL CHANCE
FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN i FOOT
OR WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILE; A14D AREAS PROTECTED BY
LEVEES FROM 1% ANNUAL CHANCE FLOOD), AE (AREA DETERMINED TO BE INSIDE THE 1%
Ld0 El EVATIONSDETERMINED' AND FLOODWAY
., tl it t f�r��
2.�F�ScAL �g9
ANNUAL CHANCE FLOOD, BASE F D
THIS WRAP IS NOT A CERTIFIED SURVEY
(DELINEATED FLOOOWAY OF A STREAM). BASED ON THE FLOOD INSURANCE RATE MAP
AND HAS NOT BEEN REVIEWED BY A
COMMUNITY MAP NUMBER 3720078600.1 DATED MAY 2, 2006. FLOOD HAZARD LINES SH01+I+N
LOCAL GOVERNMENT AGENCY FOR
HEREON ARE FROM NCFLOODMAPS -COW
COMPLIANCEWiTH ANYAPPLICABLE
LAND DEVELOPMENT REGUiATIONS.
8, ADDRESS: 5209 ❑URALEIGH ROAD
EASEMENT ACQUISITION MAP FOR:
Project No: G13D2B
Ref No -
Scaia: NA
Daie: 10/25113
_
CRABTREE CREEK GREENWAY
STEWSTE\A�A []T � Drawn By: RWP D-4v gNo:
ART /-� f� MERL -DITN TOWNSHIP, CITY OF KALEIGN
WAKE COUNTY, NORTH CAROLINA Checked By: RWP 30F 3

Instrument Prepared By:
Brief Description for Index
Parcel Identifier:
Mail After Recording To:
Raleigh City Attorney's Office
Crabtree Creek
PIN Out of 0786349208
City Attorney's Office
P.O. Box 590
Raleigh, N.C. 27602
lI C.AROLD,11A
SPECIAL WARRANTY DEED
COUNTY OF WAKE TO CITY
THIS DEED is made this 0 day of FA , 2014, (the "Effective Date ") by
HANSON AGGREGATES SOUTHEAST LLC, a elaware limited liability company with an
address of 2310 Parklake Drive, Suite 550 Atlanta, Georgia 30345, hereinafter referred to as
"Hanson" or the "Grantor ", to the CITY OF RALEIGH, a North Carolina Municipal
corporation with an address of P.O. Box 590, Raleigh, NC 27602, (the "City ").
WITNESSETH:
WHEREAS, the City of Raleigh has established and presently operates the Capital Area
Greenway Program, which has as its purposes the conservation of natural, scenic, or
ecologically valuable properties (generally known as "greenways "), and the development and
provision for public use of paved or unpaved "greenway trails" within such properties; and
{SKO11266. DOC 3

WHEREAS, the Grantor is the owner in fee simple of certain real property (the
Property "), described in Exhibit 1, attached
WHEREAS, the Property has conservation, ecological, and recreational value in its
present state, which values should be preserved and maintained for use and enjoyment by the
public; and
WHEREAS, the City has planned to construct, and intends to make available for public
use, the Crabtree Greenway Trail (the "Project" or " Greenway Project "), portions of which may
be located on areas of or immediately adjacent to the Property; and
r WHEREAS, the Grantor and the City have entered into a Settlement Agreement dated
r46V -"Vy , 2014 (the "Settlement Agreement ") in order to resolve a longstanding legal
dispute concerning � quarrying activities permitted on the Property, the resolution of such matters
having implications for the location of greenway trails and easements to accommodate such
trails; and
WHEREAS, pertinent provisions of the Settlement Agreement are incorporated into
that Declaration of Covenants, Conditions, and Restrictions ("Declaration of Covenants'') dated
2014 and recorded in Deed Boo , Page , Wake County Registry; and
WHEREAS, the Property is subject to that certain permit number 92 -03 for the
operation of a crushed stone quarry issued by the North Carolina Department of Environment
and Natural Resources (the "Mining Permit''); and
WHEREAS, in furtherance of the above stated environmental and conservation
objectives, the enhancement of the Greenway Project, and in accordance with terms of the
referenced Settlement Agreement, Hanson has agreed to convey to the City, and the City has
agreed to accept, the Property described herein.
NOW THEREFORE, in consideration of the Recitals and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Hanson has and by
these presents does grant, bargain, sell and convey unto the City in fee simple, that certain lot or
parcel of land situated in Wake County; North Carolina (the "Property') and more particularly
described as follows:
See "Exhibit 1", attached.
,SK011266.DOC 3 }

THE GRANTOR EXPRESSLY EXCEPTS from the Property and interest herein
conveyed and, for its successors and assigns, expressly RESERVES the right to cause
vibrations, noise, dust, particulates, debris, and other similar materials and odors to be in the air
above, descend upon, go across, or go through the Property, and in generat to subject the
Property to all similar damages and /or consequences arising from the location and operation in
the vicinity of the property of any the Crabtree Quarry and related activities, including without
limitation equipment operation and truck traffic at, to and from the Crabtree Quarry. By
accepting the conveyance of this Property, the City hereby subordinates its rights in and to the
Property to those of the Grantor relating to noise, dust, and vibration as enumerated above
("Noise, Dust, and Vibration Exception "). Notwithstanding the foregoing, nothing contained
herein shall be construed to allow Grantor's vehicles, equipment, employees or customers to
physically enter the Property or to conduct mining operations thereon. This Noise, Dust and
Vibration Exception shall terminate upon the expiration of the Reclamation Period, as defined
in the above referenced Settlement Agreement and recorded Declaration of Covenants.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the City in fee simple.
THE PROPERTY does not comprise a primary residence of the Grantor.
GRANTOR COVENANTS with the City, that Grantor has done nothing to impair
good and marketable title to the Property, and it will warrant and defend the title to the same
against the lawful claims of all persons claiming by, through, or under Grantor, subject only to
liens, encumbrances, restrictions, and other matters of record.
IN WITNESSETH WHEREOF, the Grantor has duly executed the foregoing
rent in the name of the limited liability company, by the signature of its
"Umlifflaw as the act and deed of the limited liability company, and the City
has executed the instru ent in its corporate name, by the signature of its City Manager, attested
by its City Clerk - Treasurer, for the purpose of giving and memorializing its consent thereto, all
on the day and year first above written .
HANSON AGGREGATES SOUTHEAST LLC
BY:
(SEAL)
ITS
(SKO11266.DOC 3 )

M'N'
PROPERTY D P` ,ION APPROVED
---------------------
Chiei City CE roes
{SK011266 -DOC 3
Consented to:
THE CITY OF RALEIGH
ATI E `'F—,
a
Ryq
Its! ; Cleo-
APPROVED AS TO FORM:

STATE OF C�'7 CO (Ai �--
COUNTY OFe,.n�,,,,,.,
ACKNOWLEDGEMENT
This is to certify that on the day of 30, Q , 2014 before me personally
came C I V\[ 6�- with whornJI am personally acquainted, who,
being be duly sworn, says that (s) he is the
(, rct,t of Hanson Aggregates Southeast LLC, the
limited liability company and principal na ed in the foregoing i strumen =a(and e name of the
company was subscribed thereto by the said i (�Sti dQ eYlt°( that the
instrument is the act and deed of the limited liability company.
Witness
(SEAL)
and official seal this the��day of c.aY1V�x 20
•f� ---_ !S11
jn ykj,/
My Commission
(SKO11266.DOC 3 0
IN
14.
au/3
cSd Notary ubli
(Notary's printed Name)

NORTH CAROLINA
COUNTY OF WAKE
CITY /MANAGER
ACKNOWLEDGEMENT
This is to certify that on the ,j day of rF-b , 201 q , before me personally carne Gail
G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is
the City Clerk and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing; that she knows the
corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is
said corporate seal, and the name of the municipal corporation was subscribed thereto by the
said City Clerk and Treasurer and that the said corporate seal was affixed, all by order of the
governing body of said municipal corporation, and that the said instrument is the act and deed of
said municipal corporation.
WITNESS my hand and official seal this the Aay of 'rtP>RUA � 2014.
0� ®�6 f APaBpe
'V Ai
(SEAL)®
4ry���e5cc. yee��i
My Commission Expires: O v . ( oho 19,
{SKOI 1266.DOC 3

Exhibit 1
Being that parcel identified as "NEW CITY OF RALEIGH NATURE
PRESERVE AREA ", comprising 325,079 sq. ft. (7.463 acres), as shown and
described on that exhibit plat entitled, "EASEMENT ACQUISITION MAP FOR
CRABTREE CREEK GREENWAY ", sheet 1 of 2 and 2 of 2, respectively,
prepared by Stewart engineering company, and attached hereto as EXHIBIT 1 -A.
{SKO L 1266.DOC 3

;l : aei
w THE HAMPTONS
DEVELOPMENT COMPANY, LLC
DB 11903, PG 91
EM 2008, PG 1009
�i..,._ PEN M5-22-7860
r l
� t
NORTH
NAD (33 {2011)
NIF
BENCHMARK
CAROLINA
AGGREGATES, INC
\ CB 1692, PG 361
CENTERLINE OF PIN 0786 -34 -9208
CRABTREE CREEK \� (158.9 ACRES PER
PROPER RECORDS)
APRESSR
-9506 f C' f !
f/ ,HERS£ (S•��•�19i!F.4'IOr i} =� }�� f`
46 Z
NrF
.Ff j ffTr f �Jr -.r
THE HAMPTONS
DEVELOPMENT COMPANY, LLG NrF
D
- {{! I B 11403, PG 91 l� f, /� j� BENCHMARK CAROLINA
BM 2007, PG 2444 -2448 ``�!'
PIN 0766 -21 -7624, , �\/ �f' AGGREGATES, INC
DB 1592, PG 361
:� /,�, PIN 0766- 34 -s20a
T
(168.9 ACRES P.ER RECORDS)
<
�i� SEE SHEEC 2 FOR
6J 5� GENERAL NOTES
CENTERLINE OF
RIC WAND CREEK
IS PROPERTY LINE
s
LINE
L1 _
B PIEANG
N52 "500"W
DISTANCE
47.96' r
L2
N84 °24'4 'W
4918'
L3
L4
LS
N55'46'12'W
N45- 07'36'W
N6Z'48'U8`VV
54.06'
52.69
41.10'
L6
N42'30'57"W
61.12'
L7
N52'55'42W
56,63'
LINE TABLE
LINE
BEARING
DISTANCE
LB
N70'36'0B'W
344.73'
L9
N13'305B"
37116'
LID
372 "36'58 "E
270,71'
L11
N57'21'22 "E
384.52'
L12
S64'25'58'E
163.86'
L13
S51 °45.03 "E
5331'
L14
S15.16'SM
551.91'
SCALE V = 200'
CA A
� Rn
Z�R.��sSra,�y -y
SEAL 3'
L -5073 r'
RD W
r �
'
AND TIE LINES
LEGEND
SURVEY CONTROL POINT
❑ ECId
EXISTING CONCRETE MONUMENT
.. 1• CREEK GREENWAY
COMPL ED POINT
0,7% CHANCE FLOOD LINE
............
1% CHANCE FLOOD LINE
. ................. T:p ..................
FLOODWAY LINE
.......... ...............................
PROPERTY LINE SURVEYED
--------- ----------
PROPERTY LINE NOT SURVEYED
EASEM ENT LINE
®GREENWAY
EASEMENT
Vicinity Map:
Not to scale
4V OR
UORni
CRABTREE CREEK
jl L SITE L
RICHLAND l `�
CREEK !
lr DURALEIGFS R❑
f RCCHINOOD DR
EASEMENT ACQUiSITION MAP FOR:
.. 1• CREEK GREENWAY
RALEIGNI
M
WAKE COUNTY, NORTH CAROLINA
I Checkad By- RWP

GENERAL NOTES
THIS PLAT IS INTENDED TO REPRESENT CITY OF RALEIGH 7. THE SUBJECT PROPERTY LIES IN ZONES X (AREA
NATURE PRESERVE AREA ON A PORTION OF THE DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE
PROPERTY OF BENCHMARK CARO LINA AGGREGATES, AND FUTURE CONDITIONS 1% ANNUAL CHANCE
INC., P IN 0785- 34-9208, AND IS NOT A BOUNDARY SURVEY. FLOOD PLAIN), X (SHADED) (AREA OF 0.2% ANNUAL
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT CHANCE FLOOD; AREAS OF FUTURE CONDITIONS 1%
OF A TITLE REPORT AND THEREFORE ALL ANNUAL CHANCE FLOOD; AREAS OF 1 % ANNUAL CHANCE
ENCUMBRANCES UPON THE PROPERTY MAY NOT SE FLOOD WITH AVERAGE ❑EPTHS OF f.ESS THAN 1 FOOT OR
SHOWN. WITH DRAINAGE AREAS OF LESS TITAN 1 SQUARE MfLE;
AND AREAS PROTECTED BY LEVEES FROM 1 % ANNUAL
CHANCE FLOOD), AE (AREA DETERMINED TO BE INSIDE
THE 1% ANNUAL CHANCE FLOOD, BASE FLOOD
ELEVATIONS DETERMINED), AND FLOODWAY (DELINEATED
FLOODWAY OF A STREAM), BASED ON THE FLOOD
INSURANCE RATE MAP COMMUNITY MAP NUMBER
372D078500J DATED MAY 2, 2006. FLOOD HAZARD LINES
SHOWN HEREON ARE FROM NCFLOODMAPS.COM,
REFERENCES:
DEED BOOK 1592, PAGE 361
OFED BOOK 1483f, PAGE 744
BOOK OF MAPS 1990, PAGE 765
300K OF MAPS 2DD1, PAGES 1953 -1955
3. HORIZONTAL DATUM IS NAD 83 (2D1 1) AND VERTICAL
DATUM IS NAVD88. BASED ON GPS METHODS USING
REAL -TIME KINEMATIC SOLUTIONS FORTHE SURVEY
CONTROL POINTS SHOWN HEREON AND TIED TO NORTH
CAROLINA GEODETIC SURVEY MONUMENTS "ANNE LAKE
3" AND "PATROL 2 ".
"ANNE LAKE 3" "PATROLT'
N 772856.53' N 747347.06'
E 2060781.95 E 2086727.63'
EL 376.95' EL 493.99'
4. THE INITIAL STATE PLANE POSTIONS FOR THIS SURVEY
WERE SCALED FROM GRID TO GROUND FROM A PROJECT
LOCATIDN OF N:760851.559' E:20B4641.37Z. AN ELEVATION
OF 361.55', USING A COMBINED FACTOR OF 0.99991836.
6, ADDRESS: 5209 DU RALEIGH ROAD
LEGEND
A
)]ECM
AL
SURVEY CONTROL POINT
EXISTING CONCRETE MONUMENT
COMPUTED POINT
0.2 %CHANCE FLOOD LINE
1% CHANCE FLOOD LINE
FLOODWAY LINE
PROPERTY LINE SURVEYED
PROPERTY LINE NOT SURVEYED
EASEMENT LINE
GREENWAY EASEMENT
sa "v eMn� ep� t e r+/
4 J cd;*. Y A
�rye9.g r e
�°L 5423 r;
0 6 �ry v
Jf` '1RR %q r f + +a
�YY
EASEMENT ACQUISITION MAP FOES_ ProjedNo: G13026 ReFNo:
CRABTREE CREEK GREENWAY
Scale: 1" =200' Date: 10/25113
STEWART MEREDITH TOWNSHIP, CITY OF RALEIGH Drawn By: RWP Df.KiuNO: r}
W xarrm R�FA WAKE COUNTY, NORTH CAROLINA Checked BY: RVVP 2 OF 2
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ANAD83(2011)
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{`Icy 98.
AGGREGATES, ING
t4C}
DB 1592, PG 351
PIN DTBS -34 -9208
TRAV - -2 -IRS
(168.9 ACRES PER RECORDS)
N:760851.569'
9165.34' TO ECM
E2084641.37Z
1242.98' TO CENTERLINECREFK
51631'49 W IB.54'
N88 "19'04"W 1250.02' TOTAL ECM
TIE LINE ONLY
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TON
HANS014AGGREGATES
SOUTHEAST LLC
EXISTING PERMANENT
DS 14831, PG 744
SLOPE EASEMENT 5iy
'
BM 1990, PG 765
(SM 2001, PG 1953) 1`�
PIN 0786 - 39-6569
EXISTING PERMANENT i
(16.52 ACRES PER RECORDS)
UTILITY EASEMENT
(8M 2001, PG 1953)
ti
GENERAL NOTES
THIS PLAT IS INTENDED TO REPRESENT CITY OF RALEIGH 7. THE SUBJECT PROPERTY LIES IN ZONES X (AREA
NATURE PRESERVE AREA ON A PORTION OF THE DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE
PROPERTY OF BENCHMARK CARO LINA AGGREGATES, AND FUTURE CONDITIONS 1% ANNUAL CHANCE
INC., P IN 0785- 34-9208, AND IS NOT A BOUNDARY SURVEY. FLOOD PLAIN), X (SHADED) (AREA OF 0.2% ANNUAL
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT CHANCE FLOOD; AREAS OF FUTURE CONDITIONS 1%
OF A TITLE REPORT AND THEREFORE ALL ANNUAL CHANCE FLOOD; AREAS OF 1 % ANNUAL CHANCE
ENCUMBRANCES UPON THE PROPERTY MAY NOT SE FLOOD WITH AVERAGE ❑EPTHS OF f.ESS THAN 1 FOOT OR
SHOWN. WITH DRAINAGE AREAS OF LESS TITAN 1 SQUARE MfLE;
AND AREAS PROTECTED BY LEVEES FROM 1 % ANNUAL
CHANCE FLOOD), AE (AREA DETERMINED TO BE INSIDE
THE 1% ANNUAL CHANCE FLOOD, BASE FLOOD
ELEVATIONS DETERMINED), AND FLOODWAY (DELINEATED
FLOODWAY OF A STREAM), BASED ON THE FLOOD
INSURANCE RATE MAP COMMUNITY MAP NUMBER
372D078500J DATED MAY 2, 2006. FLOOD HAZARD LINES
SHOWN HEREON ARE FROM NCFLOODMAPS.COM,
REFERENCES:
DEED BOOK 1592, PAGE 361
OFED BOOK 1483f, PAGE 744
BOOK OF MAPS 1990, PAGE 765
300K OF MAPS 2DD1, PAGES 1953 -1955
3. HORIZONTAL DATUM IS NAD 83 (2D1 1) AND VERTICAL
DATUM IS NAVD88. BASED ON GPS METHODS USING
REAL -TIME KINEMATIC SOLUTIONS FORTHE SURVEY
CONTROL POINTS SHOWN HEREON AND TIED TO NORTH
CAROLINA GEODETIC SURVEY MONUMENTS "ANNE LAKE
3" AND "PATROL 2 ".
"ANNE LAKE 3" "PATROLT'
N 772856.53' N 747347.06'
E 2060781.95 E 2086727.63'
EL 376.95' EL 493.99'
4. THE INITIAL STATE PLANE POSTIONS FOR THIS SURVEY
WERE SCALED FROM GRID TO GROUND FROM A PROJECT
LOCATIDN OF N:760851.559' E:20B4641.37Z. AN ELEVATION
OF 361.55', USING A COMBINED FACTOR OF 0.99991836.
6, ADDRESS: 5209 DU RALEIGH ROAD
LEGEND
A
)]ECM
AL
SURVEY CONTROL POINT
EXISTING CONCRETE MONUMENT
COMPUTED POINT
0.2 %CHANCE FLOOD LINE
1% CHANCE FLOOD LINE
FLOODWAY LINE
PROPERTY LINE SURVEYED
PROPERTY LINE NOT SURVEYED
EASEMENT LINE
GREENWAY EASEMENT
sa "v eMn� ep� t e r+/
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0 6 �ry v
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�YY
EASEMENT ACQUISITION MAP FOES_ ProjedNo: G13026 ReFNo:
CRABTREE CREEK GREENWAY
Scale: 1" =200' Date: 10/25113
STEWART MEREDITH TOWNSHIP, CITY OF RALEIGH Drawn By: RWP Df.KiuNO: r}
W xarrm R�FA WAKE COUNTY, NORTH CAROLINA Checked BY: RVVP 2 OF 2

Instrament prepared by: Raleigh City Attorney's Office and Styers, Kemerait
& Mitchell, PLLC
Brief Description for Index: DuraIeigh Road
Parcel Identifier: RE110 0039195; 0069748; 0069748; 0120280; 0174293; 0174292;
0148763
Mail after Recording to: City Attorney's Office,
PO Box 590, Raleigh, N.C. 27602
STATE OF NORTH CAROLINA
COUNTY OF WAKE
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
( "Declaration") is made this 4N day of �cb_ r 2014 by HANSON AGGREGATES
SOUTHEAST LLC, a Delaware limited liability company ( "Hanson ").
WITNESSETH:
WHEREAS, Hanson owns or leases certain real property situated in the vicinity of
Crabtree and Richland Creeks, adjacent to Duraleigh Road in Raleigh, NC described in Exhibit
1 attached (the "Property "); and
WHEREAS, Hanson and the City of Raleigh (the "City ") have for over thirty years
disputed Hanson's right to engage in aggregate quarrying activities over portions of the Property;
and
WHEREAS, Hanson and the City have, on February 4, 2013, entered into a Settlement
Agreement (the "Agreement ") providing for certain activities on portions of the Property, the
conveyance of greenway easements and other property rights to the City, and resolving other
disputed matters; and
WHEREAS, the Agreement sets forth restrictions, conditions, requirements,
prohibitions, rights and entitlements with respect to the Property which, being integral to
property rights of the City and Hanson, are intended to run with the land, and be binding upon
the grantees, successors, and assigns of Hanson; and
(SK012700.DOCX )

WHEREAS, pursuant to terms of the Agreement, Hanson desires to incorporate and set
forth the provisions of the Agreement related to the use of the Property as Hanson's Declaration
of Covenants, Conditions and Restrictions upon the Property, to be recorded in the land records
of Wake County; and
WHEREAS, with respect to those portions of the Property which are leased by Hanson,
these Covenants, Conditions, and Restrictions are intended to be effective and binding on the
successors and assigns of Hanson only as authorized by terms of Hanson's lease, and only to the
extent of its Ieasehold interest.
NOW, THEREFORE, in consideration of terms of the Agreement, and the mutual
promises between the City and Hanson relating to property interests of both, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Hanson hereby Declares, and imposes upon the Property, Covenants, Conditions, and
Restrictions, intending the same to run with the subject land, and be binding upon the grantees,
successors, and assigns of Hanson, as follows:
1. Definitions
Aggregate — means sand, stone, gravel, topsoil and overburden extracted from the mineral
deposits on the Property.
Business Activities — means activities that are not residential in character, except that activities
directly and solely related to remediation and reclamation of the Property after the Excavation
Period are not Business Activities.
Crabtree Quarry — means the quarry operated on portions of the Property and under the NCDOT
Mineral Lease.
Effective Date — means February 4, 2013.
Excavation Period — means the time period beginning on the Effective Date and ending on the
earlier of. 1) thirty -eight (3 8) years from the Effective Date; or 2) the date on which thirty (3 0)
million tons of Aggregate has been removed from the Excavation Pit.
Excavation Pit — that area of Northern Property from which Aggregate has, is and will during the
Excavation Period be excavated from below the surface, including the contiguous extension of
the open pit as existing on the Effective Date as depicted on Exhibit 2 hereto.
Mining Permit — that certain permit for the operation of a crushed stone quarry issued by the
Department of Environment and Natural Resources, Wake County - Permit No. 92 -03.
NCDOT land — means the land located north of Crabtree Creek and west of Duraleigh Road that
is owned by the North Carolina Department of Transportation and leased by Hanson under the
NCDOT mineral lease.
{SK012700,DOCX }
2

Northern Property — means the portion of the Property located north of Crabtree Creek and west
of Duraleigh Road.
Reclamation Bond — means the security posted by Hanson, as required by section 74 -54 of the
North Carolina General Statutes, in favor of the State of North Carolina, liability under which is
maintained until Hanson completes the reclamation required by North Carolina law and
regulation.
Reclamation Period — that period of time during which Hanson shall complete its reclamation
obligations in accordance with the reclamation conditions on the Mining Permit and shall
complete other reclamation or remediation described in this Settlement Agreement. The
Reclamation Period shall begin at the expiration of the Excavation Period and shall end two
years thereafter.
Temporary Stockpile Area — means that area shown on Exhibit 2 hereto and used to store
materials removed from the settling ponds located on the Property south of Crabtree Creek.
2. Hanson's Use of the Property
Hanson shall not extract Aggregate on any portion of the Property other than the portion of the
Northern Property detailed in the survey provided to the City in conjunction with the Settlement
Agreement (the "Survey "). Further Hanson shall not remove overburden or topsoil on any
portion of the Property other than the portion of the Northern Property detailed in the Survey or
the Settling Pond area south of Crabtree Creek in accordance with paragraph 8 hereof.
Hanson shall use the Property, including the NCDOT land, and conduct operations thereon,
only as expressly set forth herein, as envisioned by the Operation Plan attached hereto as
Exhibit 2.
3. End of Business Activities.
Hanson shall cease all Business Activities at the Property, including the NCDOT land, on the
earlier of thirty eight (3 8) years from the Effective Date or when, subsequent to the Effective
Date, 30 million tons of Aggregate has been removed from the Northern Property. However,
notwithstanding the foregoing, during the Reclamation Period, any remaining Aggregate that
was extracted during the Excavation Period and any materials stockpiled in the Temporary
Stockpile Area may be removed and/or sold from the Property.
4. Sale of Portion of Northern Property of Crabtree Creek to the City.
Within ninety (90) days of the release of the Reclamation Bond, and pursuant to terms of that
Option to Purchase Agreement of February, 4, 2014 entered into between the parties and
recorded in Book 15'510, Page — 91M, , Wake County Registry, Hanson shall convey to the
City title to that portion of the Nothern Property depicted on Exhibit 3 hereto, to the City for
the nominal value of Ten U.S. Dollars ($10.00).
3.

5. Noise and Vibration Mitigation.
a. Berm. Within six months of commencement of mining operations in an area north of
the quarry existing as of the Effective Date Hanson shall begin construction of a
landscaped earthen berm along the northern boundary of the Property, in accordance
with the plan attached hereto as Exhibit 4. The construction of the earthen berm shall
be completed before excavation of the overburden is any closer than 750 feet from the
northern property boundary and no later than eight (8) years from the Effective Date.
Hanson shall maintain the berm and shall replace any element of the landscaping that
dies or becomes diseased or as otherwise required by law or regulation at the time of
the berm construction.
b. Blasting Techniques Required. Hanson shall design each blast using the latest
available techniques to minimize impacts from blasting. Techniques to be employed
include laser profiling of the face and orientation of the blasts away from the adjacent
properties to the north of the quarry to reduce impacts from both ground vibrations
and air blasts. In addition, Hanson shall be sensitive to weather events that might
increase air blast impacts on neighbors and shall postpone blasting during such
events.
c. Blasting Limits. During all blasting operations implemented from top -of -rock to a
depth of 250 feet below top-of-rock, the maximum peak particle velocity ( "PPV ") of
any component of ground motion shall not exceed 75% of the current legally
allowable limit applicable to Crabtree Quarry.
During all blasting operations implemented below a depth of 250 feet below top -of-
rock, the PPV of any component of ground motion shall not exceed 50% of current
legally allowable limit applicable to Crabtree Quarry.
A table depicting the maximum limits allowed hereunder is attached hereto as Exhibit
5.
d. Enforcement of Blasting Limits. All records maintained by Hanson concerning
blasting, including those documenting the PPV associated with blasting operations,
shall be available to the City upon request, within 24- hours. Hanson shall self -report
to the City any violation of the blasting limits set forth herein. If a violation occurs,
Hanson shall cease all blasting at the depth at which the violation occurred until the
violation has been investigated and a corrective action plan implemented. Any
corrective action plan shall contain sufficient remedial measures so that no future
violation is likely to occur.
The parties acknowledge that failure to comply with Blasting Limits may result in
damages due to public disturbance and inconvenience, and increased inspection and
administrative costs. In view of the uncertainty and difficulty of making a precise
determination of any such damages, the parties agree that the City shall be entitled
to recover liquidated damages in addition to actual costs /damages recoverable by the
{sx012700.nocx }
4

City for matters other than public disturbance and inconvenience, and increased
inspection and administrative costs. This sum is a reasonable pre - estimate of the
probable damages to be incurred due to any potential public disturbance and
inconvenience, and increased inspection and administrative costs. The parties intend
such monies to provide for payment of such damages and not a penalty.
If a second violation occurs at that same depth within six months of the first
violation, Hanson shall remit to the City liquidated damages in the amount of $2,500
for the second violation. In addition, if a second violation occurs, Hanson shall cease
all blasting at the depth at which the violation occurred until the violation has been
investigated and corrective action plan implemented. If a third (and subsequent)
violation occurs within six months of the first violation, Hanson shall remit to the
City liquidated damages in the amount of $5,000 for the third (and each subsequent)
violation. In addition, if a third (or subsequent) violation occurs, Hanson shall cease
all blasting at the depth at which the violation occurred until the violation has been
investigated and corrective action plan implemented.
e. Hours of Blasting. Unless otherwise necessitated as a result of events or causes
beyond its reasonable control, including acts of God or the public enemy, acts and
omissions of any governmental authority, declared or undeclared wars, riots,
terrorism, strikes, floods, earthquakes, storms, epidemics, fires or other natural
calamities, Hanson shall limit blasting events to the hours of 10:00 a.m. to 4:00 p.m.,
Monday through Friday and shall not conduct blasting events on Saturday or on
Sunday. A "blasting event" means any use of a substance in a manner intended to
cause an explosion.
£ Hours of Operation of Crushing Equipment. Hanson shall limit the operation of
all crushing equipment to the hours of 6:00 a.m. to 9:00 p.m., Monday through
Saturday and 1:00 p.m. to 9:00 p.m. on Sunday.
g. Low - Frequency Alarms. Hanson shall install low - frequency back -up alarms on all
machinery and equipment for which back -up alarms are required by law or
regulation.
6. Renovation of Primary Crusher and Maintenance of Processing Plant.
During the Excavation Period, as soon as practicable, Hanson shall renovate the primary crusher
at a location that is away from Crabtree Creek and that is, at a minimum, fifty (50) feet below the
current grade surface level and at which the wall of the Excavation Pit will function as a noise
baffle.
7. Relocation of Access Point.
Hanson may relocate its access point to the quarry as depicted in Exhibit 6. No later than one
hundred and twenty (120) days following the receipt of any and all federal, state and local
approvals necessary to re- locate the point of ingress /egress to the Property from Duraleigh Road,
Hanson shall install landscaping at the location of the current point of ingress /egress and future
(SK012700.DOCX )
5

point of ingress /egress to the Property from Duraleigh Road in accordance with the plan attached
hereto as Exhibit 6.
S. Activities and Limits on Use of Property South of Crabtree Creek; Waiver and /or
Relinquishment of Claims or Rights to Use Property South of Crabtree Creek.
a. Hanson shall not use the portion of the Property south of Crabtree Creek except as
specifically set forth herein.
b. Hanson waives and relinquishes any claim or rights of any sort that it might possess
that the portion of the Property south of Crabtree Creek constitutes a pre - existing
non- conforming use except to the extent set out in this Settlement Agreement.
c. Settling Ponds and Temporary Stockpile Area. During the Excavation Period,
Hanson may continue to use, operate and maintain the existing settling ponds as part
of its on -going operations and consistent with past practice, but shall not expand the
existing settling ponds. Sediment removed from the settling ponds may continue to
be stockpiled temporarily in the Temporary Stockpile Area. Hanson shall restrict the
height of stockpiles to comply with current and future City ordinances governing
stockpile height. Stockpiling shall occur only in the Temporary Stockpile Area. The
parties specifically acknowledge that nothing in this Settlement Agreement prevents
stockpiled materials taken from the settling ponds from being used as fill material as a
part of the reclamation process when a settling pond is removed or when the
Reclamation Plan is implemented at the end of the Excavation Period.
Hanson may maintain the existing pipe from the slurry pump to the settling pond in
the location that is shown on Exhibit 1, but may not expand it or relocate it to any
other place within. the Buffer Zone described below. If Hanson's activities
concerning the pipe require disturbing topsoil, then Hanson shall complete those
activities as promptly as possible and shall restore the area as nearly as possible to the
condition that existed prior to commencing its work.
If Hanson installs a settling pond for use in mining operations on the Northern
Property, including the NCDOT land, Hanson shall reduce the footprint of its
operations south of Crabtree Creek by an equivalent square footage. However, to the
extent that Hanson is required, by federal, North Carolina, or local law or regulation
to install a stormwater control or management device on the Northern Property,
including the NCDOT land, Hanson shall not be required to reduce the footprint of
its operations south of Crabtree Creek by an equivalent square footage.
d. Excavation Limited. No excavation of Aggregate shall occur from the surface of the
Property located south of Crabtree Creek except for: i) removal of materials taken
from the settling ponds located south of Crabtree Creek and stockpiled in the
Temporary Stockpile Area; or ii) removal of materials necessary to maintain the
existing settling ponds within the area specifically designated for the settling ponds
on Exhibit 2 and as previously allowed by the City.
{sx012700.aocx }
6

e. Hanson agrees that no non - conforming use status applies to the portion of the
Property assigned PIN number 0786308569.
f. Mining Permit Restrictions; Tree Preservation South of Crabtree Creek.
Hanson shall modify the Mining Permit, and specifically the mining plan, to classify
the portion of the Property south of Crabtree Creek, except for that area in which the
settling ponds and Temporary Stockpile Area and existing one -lane driveways are
located, as Buffer Zone in which no blasting, excavation, tree removal, or activity
inconsistent with applicable zoning regulations shall occur, except as set forth herein
( "Buffer Zone "). Such modification will conform to the area identified as Buffer
Zone on Exhibit 2 hereto.
Hanson shall maintain the undisturbed vegetated buffer a minimum of 100 feet in
width, as shown on Exhibit 2, existing as of the Effective Date, around the perimeter
of the portion of Property located south of Crabtree Creek throughout the Excavation
Period, except at such locations where the City may remove vegetation for the
construction and maintenance of a greenway pursuant to rights granted by
easement(s) from Hanson to the City. It is the parties' intent that the undisturbed
vegetated buffer continue to provide visual screening of the settling ponds and the
Temporary Stockpile Area. Hanson shall preserve the 100' vegetated buffer until the
Reclamation Period ends and shall remove trees or vegetation only when the material
is diseased or dead, or when the City's Chief Arborist determines that it necessary to
preserve the health of the 100' vegetated buffer or areas surrounding it.
Except as allowed for greenway construction and maintenance by the City, any tree
removal conducted within the Buffer Zone shall be in compliance with the Mining
Permit and shall comply with applicable City regulations in place at the time of
removal, and any removal of trees within the Buffer Area prior to the end of the
Reclamation Period shall be in conformance with a written Forestry Management
Plan approved by the City's Chief Arborist. The Forestry Management Plan shall
allow thinning and other forestry activities that protect the health of the trees within
the Buffer Zone and if required in order to use the one -lane driveways effectively or
safely, may also allow trimming or removal of trees that abut or overhang those
driveways.
Notwithstanding the foregoing, in the event Hanson desires to sell any portion of the
Property classified as Buffer Zone to an unaffiliated entity for a purpose, other than
for forestry or timbering, that is consistent with the underlying zoning or with the
City of Raleigh Comprehensive Plan in effect at the time of the sale, such sale shall
not violate the terms of this Settlement Agreement.
g. Use of Southernmost Driveway. Hanson shall limit ingress and egress from its
southernmost driveway to the period 7:00 a.m. through 5:00 p.m., Monday through
Friday, except as necessary to address emergencies or events or causes beyond its
reasonable control. The parties also specifically acknowledge that dust suppression
requirements described herein apply to vehicles entering or exiting the southernmost
{SK012700.DOCX }
7

driveway.
9. Reclamation and Remediation.
At the end of the Excavation Period, Hanson shall immediately begin work to implement the
Reclamation Plan. Hanson's reclamation and remediation shall at minimum comply with the
requirements of Mining Permit, the N.C. Mining Act, and federal and State environmental laws
and regulations applicable at the time of reclamation and remediation. To this end, Hanson shall
remediate all known environmental conditions that have resulted from the use of the Property by
Hanson or its predecessors in interest for mining operations in accordance with applicable
regulatory requirements prior to the conveyance of the Northern Property contemplated by
paragraph 4 hereof.
In addition, Hanson shall reclaim the portion of the Property south of Crabtree Creek so that it is
suitable for use compatible with the underlying zoning classification in place at the time of
reclamation.
Hanson is permitted to stockpile materials removed from the settling ponds temporarily in the
Temporary Stockpile Area. Any stockpiled material remaining at the end of the Excavation
Period and not used as fill as a part of reclamation shall be removed from the Property by
Hanson.
Hanson shall complete all reclamation and remediation of the Property within a reasonable time
after work begins, in accordance with all applicable laws and regulations, and no later than the
termination of the Reclamation Period.
10. Environmental Permit Renewals and Modifications. If Hanson requests a renewal or
modification to any of its environmental permits, Hanson shall not request a permit condition
that would impose a more lenient standard relating to dust or noise than any such standard set
forth in these Covenants, Conditions, and Restrictions.
11. Community Outreach.
As of the Effective Date, Hanson shall implement the following community outreach activities:
a. Hanson shall maintain a call list / e -mail list by which to notify any property owners
within 2,500 feet of the Property, who request notification, prior to blasting events.
b. Hanson shall establish and maintain a website, accessible to the public, on which
seismographic information and data shall be posted.
c. Hanson shall establish a Neighborhood Advisory Group consisting of residents from
the surrounding neighborhoods and shall meet with such group two times per year at
the request of the group, or fewer if no such meeting is requested. Hanson shall give
careful consideration to concerns and suggestions from the Neighborhood Advisory
Group.
{SK0t2700.D0CX }

d. Hanson shall implement and maintain a Protocol for Investigating Blasting
Complaints and Binding Arbitration Program similar to that outlined in Exhibit 7 to
address complaints arising from damages allegedly caused by operations at the
Property.
These community outreach activities shall continue throughout both the Excavation Period and
the Reclamation Period.
12. Dust Mitigation.
a. Dust Control Guidance Plan. Upon the Effective Date, Hanson shall implement the
Crabtree Quarry Dust Control Guidance Plan, a copy of which is attached as Exhibit
8.
b. Opacity Standards. Hanson shall comply with applicable opacity standards set
forth in federal regulations regardless of any exception that might otherwise apply.
c. Load Covers. For all trucks entering Crabtree Quarry, Hanson shall ensure that any
trucks leaving the Property have a working, functioning load cover. Any such truck
that does not have a functioning load cover shall not be loaded by Hanson. Hanson
shall use best efforts to ensure that the loads of all trucks exiting Crabtree Quarry are
covered. Hanson shall also install signs on the Property stating that all loads must be
covered and that all violations related to load covers will be reported to N.C. D.M.V.
— Enforcement. Hanson shall instruct employees to report all violations related to
load covers to site management who will, in turn, report such violations to N.C.
D.M.V. or another State agency that regulates motor vehicles.
d. Mining Permit Limitation. Hanson shall not request any modification to the
Mining Permit, or any mining permit hereinafter issued to Hanson, that reduces or
relaxes any standard applicable to dust control or mitigation.
13. Non - Waiver; Severability; Governing Law; Settlement Agreement
No waiver of any breach of any covenant or provision herein contained shall be deemed a
waiver of any preceding or succeeding breach thereof, or of any other covenant or provision
herein contained. No extension of time for performance of any obligation or act shall be
deemed an extension of time for performance of any other obligation or act. If any term,
covenant or condition of this Declaration or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Declaration shall not be affected thereby and each such term, covenant or condition of this
Declaration shall be valid and enforceable to the full extent permitted by law. This
Declaration shall be construed in accordance with and governed by the laws of the State of
North Carolina. These Covenants, Conditions, and Restrictions are intended by the Declarant
to set forth those provisions of the referenced Settlement Agreement which are integral to the
property rights of Hanson and the City and which, by agreement between Hanson and the
City, should be recorded in the land
(SK012700.DOCX }
9

records of Wake County, as running with the land affected thereby, and binding upon the
grantees, successors, and assigns of Hanson. No provision hereof shall be construed or applied
in a manner which precludes or impairs the application or enforceability of any provision of the
Settlement Agreement. In the event of any conflict or inconsistency between the Settlement
Agreement and these Covenants, Conditions, and Restrictions, the former shall take precedence.
IN WITNESS WHEREOF, the Declarant has duly executed the foregoing in the limited liability
company name, by the signature of its Manager, and the City of Raleigh has executed in its
corporate name by the signature of its City Manager, attested by its City Clerk with the official
seal affixed, for the sole purpose of consenting to the terms hereof, the day and year first above
written.
(:
{sKO1 I561.DOC 2 110

CONSENTED TO:
PROPERTY ..;. :IP` 'ION API'ROVI D
Public Works Dircc
By:;--
Its:
APPROVED AS TO FORM:
(SKO11561.DOC 2 } I 1
�,....
/k1.[o1

STATE OF C�1 �?[ CL
COUNTY OF(1
.....
ACKNOWLEDGEMENT
This is to certify that on the 316r day of 'I)6MU , 2014 before me
personally came Ch{; S V�67 , with whom Z am personally
acquainted, who being b me duty sworn, says that (s) he is the
yll! �t�l5i(e C�rQnp�r��X of Hanson Aggregates Southeast
LLC , the limited liability company and principal named in the foregoing instrument; that
the name of // the co any was subscribed thereto by the said
i {Q Pf�j�d�n� i�P_+nPrGLI d that the instrument is the act and deed of the
limited liability company.
(SKQ 11561 _DOC 2 } 12

NORTH CAROLINA
COUNTY OF WAKE
CITYNANAGER
ACKNOWLEDGEMENT
This is to certify that on the �. aday of g , 20 j� , before me personally came Gail
G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is
the City Clerk and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing that she knows the
corporate seal of the municipal corporation; that the seal affixed to the foregoing instrument is
said corporate seal, and the name of the municipal corporation was subscribed thereto by the
said City Clerk and Treasurer and that the official corporate seal was affixed, all by order of
the governing body of the municipal corporation, and that the instrument is the act and deed of
said municipal corporation.
WITNESS my hand and official seal this the 5 day of 241 !:
® ELF ®,
°'%
INZ
Uj
j
(SEAL)
®cBC69
My Commission Expires:
i
{SK011561.DOC 2 } 13

EXHIBIT 1
BEING those parcels having Wake County parcel identifier numbers as follows:
PIN 0786554037 REID 0039195
PIN 0786349208 REID 0069748
PIN 0786349208 REID 0069748
PIN 0786308569 REID 0120280
PIN 0786620033 REID 0174292
PIN 0786512559 REID 0174293
PIN 0786421978 REID 0148763 (NCDOT land leased by Hanson),
The Property is further shown and described on the map attached hereto as Exhibit 1 -A.
fSKO1 1561.DOC 2 ) 14

EXHIBIT 1 -A
PROPERTY BOUNDARIES
WAKE COUNTY, NORTH CAROLINA
THIS MAP IS BASED ON GIS DATA PROVIDED BY WAKE
COUNTY AND IS FOR INFORMATIONAL PURPOSES
ONLY. THIS MAP IS NOT A CERTIFIED SURVEY.
NORTH
0 400 800 1600
SCALE: 1 " = 800'

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EXHIBIT
BEING that property and area located in Wake County, comprising 112.599 acres, more or less,
bounded on the east by Duraleigh Road (SR# 1664); on the south by property of the State of
North Carolina; on the west by that parcel owned now or formerly by the Hampton
Development Co. LLC (DB 11903, Page 91, WCR); and on the north by that property owned
now or formerly by CND Duraleigh Woods LLC (DB12929, P1482 WCR), being that property
described in Exhibit 3 of the referenced Settlement Agreement, and as further located and
described by the plat attached hereto as Exhibit 3 —A
REID 69748, and REID 0039195
EXHIBIT 3

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Exhibit 7
BLASTING DAMAGE PROTECTION PROGRAM
This Blasting Damage Protection Program is for the benefit of and may be enforced by
persons owning structures within parameters set forth herein.
Notice of Claim
If the owner of any structure located within 2500 feet of any blasting at Crabtree Quarry
by Hanson Aggregates Southeast, LLC ("Hanson ") believes that such blasting has damaged such
structure they shall be entitled to arbitration of such claim at their election. The arbitration
program set forth herein shall be initiated by sending written notice of the claim to Hanson and
demanding arbitration. All written notices required by the above shall be sent to: Hanson
Aggregates Southeast, LLC, 2310 Parklake Drive, Suite 550, Atlanta GA 30345. Attention: Vice
President.
Protocol for Investigating Claims
After an owner files a claim, the following protocol will be followed:
I. On -site inspection of home
An on-site interview between an independent structural or blasting engineer and the homeowner
will take place to determine history of the structure and when problems first appeared. An initial
walk through of the structure with owner to identify major areas of concern will take place.
Video or digital image documentation of all observed structural and cosmetic cracks, separations
and distortions will be made. Documentation will include the interior and exterior of the
structure, including any attic, basement and crawl space. Crack widths, lengths and penetration
depths will be measured as determined by the inspector. Doors and windows will be checked for
functioning, floors checked for leveling and mitered corners checked for separations. A diagram
will be made showing the layout of the structure, on which the location of cracks will be noted.
2. On -site review of quarry blasting practices
The independent structural or blasting engineer will conduct an on -site interview with the quarry
manager to determine the quarry's blasting practices and procedures. A tour of the quarry with
the manager will be undertaken to see active blast areas and evaluate field conditions and
blasting practices. Blasting records for the past three years will be reviewed. All seismic records
in the surrounding community for the past three years will be reviewed and particularly those
from the time when the damage is alleged to have occurred. The validity of blasting permits will
be checked with the Fire Marshall along with the history of any violations. The quarry manager
shall make data requested by the blasting engineer with respect to blasting available.
3. Analyze information obtained
(SK0OM&DOC 2 )

The independent structural or blasting engineer will conduct a review of the digital images, video
and field notes pertaining to any pre -blast survey. The independent structural or blasting
engineer will undertake a review of the blast design parameters to verify if they were in
compliance with approved standards and will review all seismic data to assess whether they
exceeded any local ordinances, state, or federal regulations pertaining to the maximum allowable
legal limits. The distance from the structure to the blast zone as well as the distance from the
monitoring location will also be determined. The independent structural or blasting engineer will
review all seismic data to assess whether they exceeded the breaking strain of the weakest
structural member in the construction of the structure. This analysis will include a comparison of
the data against known governmental damage criteria for comparable structures. A final written
report will be prepared and sent to both the structure owner and Hanson.
4. Meeting with owner
Following the issuance of the report, the independent structural or blasting engineer will meet
with the owner of the structure to review the report. If it is determined that blasting is the cause
of the damage to the structure, Hanson will be responsible for the necessary repairs to the
structure. Once Hanson has had the opportunity to review the report it will contact the owner to
initiate the repair process. First, the owner and Hanson shall agree to the necessary repairs to be
made, based on the findings in the report. Then, the owner shall obtain three quotes from
licensed contractors to complete the repairs. Hanson and the owner shall agree on the contractor
to be hired. Hanson will be responsible for paying the repair bill, which shall not exceed the fair
market value of the home or structure.
If it is determined that the damage is not attributable to the blasting, the independent structural or
blasting engineer will explain to the owner the likely cause of the observed cracking. The
independent structural or blasting engineer may also make repair recommendations, if any are
necessary. In addition, the independent structural or blasting engineer will attempt to distinguish
between cosmetic issues and structural issues.
Arbitration Program
If the parties are unable to agree on a resolution of the claim, they shall select a qualified
engineering or blasting professional to arbitrate the claim. Neither Hanson nor the owner of the
structure shall be represented by counsel during the arbitration, unless the owner elects to be
represented by counsel, in which case Hanson may retain counsel, as well.
The arbitrator shall be entitled to award such damages to the owner as may be necessary
to complete the necessary repairs and to cover any other costs incurred by the owner to repair
any damage which the arbitrator attributes to blasting. If the arbitrator determines that the
damages are attributable to blasting by Hanson, Hanson shall pay all costs of the arbitration.
Otherwise, the cost of arbitration shall be split equally between the parties. In no event shall
Hanson be responsible for paying more for repairs than the then current market value of the
structure, assuming no blasting damage had occurred. .
Nothing herein shall require an owner to use the arbitration program.. However, should
an owner initiate the arbitration program, the arbitrator's decision shall be final and legally
binding.
(SK009958.DOC 2 )

100111911W,
Crabtree Quarry Dust Control Guidance Plan
Facility Name: Crabtree Quarry
Facility Location: 5001Daraleigh Road, Raleigh NC 26612
Date: January 2013
This document is intended to create and implement a written Dust Control Guidance
Plan to minimize dust emissions from fugitive sources at Crabtree Quarry, including
customer and plant haul roads and stockpiles.
Crabtree Quarry relied upon North Carolina Division of Air Quality's (NC DAQ)
generalized air dispersion modeling for rock quarries which demonstrates compliance
with the ambient air quality standards for total suspended particulate (TSP) and
particulate matter with an aerodynamic diameter of less than 10 microns (PM -10).
The Dust Control Guidance Plan provides control methods that will be used at the
Crabtree Quarry to reduce fugitive dust emissions in a manner that is consistent with
the modeling. The plan has three components: dust emissions control methods;
application of dust emissions control methods at Crabtree Quarry; and staff training.
2 DUST EMISSIONS C T S
Every reasonable action will be taken to prevent the occurrence of excess fugitive
dust from any source that is likely to leave the property boundaries of Crabtree
Quarry. Preventive actions may include dust control, such as wet suppression, the use
of crusting agents, or the reduction or cessation of the activities creating the dust until
meteorological conditions improve.
Wet suppression, using water to control the generation of dust, is the predominate
method of suppressing dust emissions at Crabtree Quarry. By increasing the moisture
content, finer materials agglomerate into larger particles. Increasing the moisture
content enables the production of finer materials, naturally or mechanically. Rainfall
serves the important function of naturally increasing the moisture content of unpaved
road surfaces and stockpiles. Moisture content can also be increased through the
mechanical application of water. The amount of water required to sufficiently control
emissions is dependent primarily on the characteristics of materials, ambient
conditions, and mixing operation activities occurring in the area.

If stockpiles of fine aggregates generate dust emissions on a regular basis then the use
of surface crusting agents may be employed. Crusting agents will create a solid
surface on the stockpile reducing the likelihood of dust being generated by wind
erosion. When used, crusting agents are re- applied every six months.
3 APPLICATION OF DUST ENHSSIONS CONTROL METHODS AT
CRARTREEDEARRY
Areas within the aggregate plant at Crabtree Quarry that have the potential to
generate non - process fugitive en- fissions include: the pit, roads, and stockpiles.
3.1. Pit
Fugitive emissions are generated in the pit during the loading of the raw
materials into hacks. Generally, the material being excavated in the pit has high
moisture content and fugitive dust emissions from these processes are inherently
low. If fugitive emissions are generated during loading, the shot rock in the
quarry will be wetted by the water truck.
3.2. Haul Roads
The Dust Control Guidance Plan addresses the two types of haul roads at the
Crabtree Quarry: Pit Haul Roads and Customer Haul Roads.
In general, haul roads are constructed of aggregate materials that have been
processed at the plant. Haul road emissions are generated by the disturbance of
dust caused by moving traffic.
3.2 -1. Pit Haul Roads are constructed of aggregate materials that have been
processed at the plant and are tmpaved. Haul road emissions are generated by the
disturbance of dust on the surface of the haul road caused by moving traffic.
These haul roads are only used by internal plant traffic. Haul road emissions are
controlled by regular use of the water truck to wet down the surface of the haul
road. The frequency of wetting of the haul roads is determined by daily weather
conditions and the volume of truck traffic. In hot, dry conditions, active roads
will be watered approximately every four hours. The roads will be watered
more frequently if fugitive dust emissions are visible.
3.2 -2. Customer Haul Roads support higher daily traffic rates than Pit Haul
Roads and consist of both paved and unpaved surfaces. The paved Customer
Haul Roads generally have the higher traffic volumes and do not generate
fugitive emissions. Both paved and unpaved Customer Haul Roads are wetted on
a regular basis to control fugitive dust emissions. The frequency of wetting of the

haul roads is determined by daily weather and truck traffic conditions. In hot, dry
conditions, active roads will be watered approximately every four hours.
The roads will be watered more frequently if fugitive dust emissions are visible.
3.3 Processing Plant
The processing plant at Crabtree Quarry consists of a series of conveyors that
feed stone into crushers and screens before final sized products are stockpiled
3.3.1 Crushers — crushers are fitted with high pressure fine mist wet
suppression nozzles at the inlet and outlet to control the generation of dust. The
use of high pressure f ne mist nozzles ensure that the water is delivered in a fine
spray to agglomerate the dust rather than soaking the crusher discharge. Spray
nozzles are inspected on a regular basis to ensure they are operating correctly.
Any nozzle not working correctly is replaced immediately upon discovery.
3.3.2 Screens — Dry screens and scalping screens can be fitted with high
pressure fine mist wet suppression nozzles and the outlet to control the generation
of dust if needed. These screens are generally not fitted with spray nozzles as they
clog easily if the material is too wet. Caiyover moisture from conveyor transfer
points to control dust functions to control dust on the screens. The use of high
pressure Pure mist nozzles ensures that the water is delivered in a fine spray to
agglomerate.
3.3.3 Wash Screen — The wash screen is fitted with several banks of spray
nozzles designed to deliver a high volume of water to sufficiently wash the stone.
Once the stone is discharged from the wash screen no fiutther dust control is
needed.
3.3.4 Conveyor Transfer Points — Several conveyor transfer points throughout
the processing plant are fitted with high pressure fire mist wet suppression
nozzles and the transfer point between two conveyors to control the generation of
dust. The use of high pressure fine Wrist nozzles ensures that the water is delivered
in a fine spray to agglomerate the dust. Spray nozzles are inspected on a regular
basis to ensure they are operating correctly. Any nozzle not working correctly is
replaced immediately upon discovery.
3.4 Stockpiles
Finished and partially processed stone products are stored in stockpiles
throughout the Crabtree Quarry. For the purposes of this Dust Control Guidance
Plan, stockpiles are split into two categories: washed stone and unwashed stone
stockpiles.

4
3.4.1 Washed Stone Stockpiles
may result from both wind er
disturbance). Washed stone has
which reduces the dust on the
content in the stockpiles. Thins,
measures.
Dust emissions from washed stone stockpiles
osion and material loading (i.e., mechanical
been saturated with water prior to stockpiling,
material surface and provides high moisture
there is no need for additional dust control
3.4 -2. Unwashed Stone Stockpiles — Unwashed stone includes surge material
from the primary crusher, rip rap, run of crusher, etc. Dust emissions from
unwashed stone stockpiles may result from wind erosion. Little or no dust
emissions are generated from material handling at these stockpiles as most
material handling is by conveyor using an enclosed conveyor drop. If the need
for additional controls arises the water truck is used to wet down the stockpiles.
All employees at Crabtree Quarry are responsible for ensuring that dust suppression
controls are in place and working at all times. As part of the routine safety and
environmental training program implemented at Crabtree Quarry, every employee
will be made aware of the Dust Control Guidance Plan. If it is found that the Dust
Control Guidance Plan is not working as designed it will be modified and re- issued.
A copy of the Dust Control Guidance Plan shall be maintained in the main office.
4