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HomeMy WebLinkAbout20140685 Ver 1_More Info Received_20140724Homewood, Sue From: Michael Brame <mbrame @pilotenviro com> Sent: Thursday, July 24, 2014 3 00 PM To: Homewood, Sue Subject: RE Pepsi Attachments: deed pdf, easement pdf Sue, Hopefully this addresses number 1 More to follow on the others Thanks, Michael T. Brame, PWS 336 708 4620 mbrame @pilotenviro com P),VO T r E`N y 4 N•O N M-1E N T A l'' _�-, 1, 14-c "al From: Homewood, Sue [mailto• sue homewood @ncdenr gov] Sent: Wednesday, July 23, 2014 2 48 PM To: Michael Brame Subject: Pepsi Hey Mike, You list the owner as the forsyth county development corp but the applicant is pepsi We need something that shows fcdc has authorized pepsi to apply for a permit on their property The riprap pad below S2 is installed in the existing channel which appears to take a turn mid -pad We usually don't like there to be a turn in the stream immediately below a culvert outlet Can you show that area as a temporary impact in order to straighten the stream where the riprap pad will be for better alignment please. The profile of the pipes don't show the pipes being buried as required? Just FYI, since the impacts are right at the mitigation threshold, I'll be including a permit condition for a preconstruction meeting with DWR Sue Homewood NC DENR Winston -Salem Regional Office Division of Water Resources — Water Quality Programs 585 Waughtown Street Winston - Salem, NC 27107 Voice (336) 771 -4964 FAX (336) 771 -4630 1 Book 3184 Page 395 SPECIAL WARRANTY DEED Excise Tax $150.00 1111111011111111111111111111 2014021772 00050 FORSYTH CO, NC FEE $26 00 STATE OF NC REAL ESTATE EXTX, $150.00 PRESENTED 6 RECORDED 06-20 -2014 11 01 39 AM C NORMAN HOLLEMAN REGISTER OF DEEDS BY RANDY L SMITH DPTY BK: RE 3184 PG: 395 -397 Parcel Identifier No. 6863 -24 -3146 00 Verified by County on the day of , 20 By: Mail/Box to- Smith Anderson Law Firm (BDM), Post Office Box 2611, Raleigh, NC 27602 EIVVELOPF This instrument was prepared by: Smith Anderson Law Firm(BDM) {No title opinion is given or implied by reason of our o aranon of this deed3 Brief description for the Index Lot 10 Union Cross Business Park THIS DEED made this 20a' day of June, 2014, by and between- GRANTOR FORSYTH COUNTY DEVELOPMENT CORPORATION, a North Carolina non - profit corporation (formerly known as Forsyth County Development Corporation d/b /a Winston -Salem Business, Inc., a North Carolina non - profit corporation) 1080 West Fourth Street Winston- Salem, North Carolina 27101 GRANTEE PEPSI BOTTLING VENTURES LLC, a Delaware limited liability company 4141 Parklake Avenue, Suite 600 Raleigh, North Carolina 27612 -2380 Enter in appropriate block for each Grantor and Grantee name, mailing address, and, if appropriate, character of entity, e g corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Winston- Salem, Winston Township, Forsyth County, North Carolina (the "Premises ") and more particularly described as follows See Exhibit A attached hereto and incorporated herein by reference. Page 1 of 3 NC Bar Association Form No 6 © 1/1/2010, 2013 This standard form has been approved by Panted by Agreement with the NC Bar Association North Carolina Bar Association — NC Bar Form No 6 Book 3184 Page 396 The property hereinabove described was acquired by Grantor by instrument recorded in Book 2049, Page 3042, Forsyth County Registry. All or a portion of the property herein conveyed does not include the primary residence of Grantor. A map showing the above described property is recorded in Plat Book 60, Page 66, Forsyth County Registry. ' TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions. Easements, restrictions, and rights of way of record, Zoning ordinances and other governmental restrictions on the use and development of real property, Ad valorem taxes for 2014 and subsequent years, and Grantor's reservation of an access easement set forth on Exhibit A IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written FORSYTH COUNTY DEVELOPMENT CORPORATION, a North C ipp non -profit corporation By Name c Title State of North Carolina County of it't I, the undersigned Notary Public of the County of and State aforesaid, certify thati` Kr - EI4iC'i personally came before me this day and acknowledged that (s)he is the PRE��t%;r -&t:L of FORSYTH COUNTY DEVELOPMENT CORPORATION, a North Carolina non - profit corporation, and that by authority duly given and as the act of such entity, (s)he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this )- day of :ZG tjZ 2014. My Commission Expires {Affix OFFICIAL SEAL POW North Cerolaia COUNTY OF FORSYTH KATHLEEN M. HESS OoNotary ission Expires �- j No Public �n 7 s Notary's Printed or Typed ame The foregoing Certificate(s) of is/are certified to be correct This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof a NC Bar Association Form No 6 © 1/12010, 2013 Printed by Agreement with the NC Bar Association Register of Deeds for County Deputy/Assistant - Register of Deeds This standard form has been approved by North Carolina Bar Association — NC Bar Form No 6 Book 3184 Page 397 EXHIBIT A Legal Description BEING all ofthat parcel or tract of land in the City of Winston - Salem, Winston Township, Forsyth County, North Carolina and being more particularly descnbed as follows. ALL of Lot 10 as shown on that plat (the "Plat ") entitled "Final Plat, Union Cross Business Park, Lot 10 Winston Township, Forsyth County, North Carolina," prepared by Regional Land Surveyors, Inc., recorded October 2, 2012, in Plat Book 60, Page 66, Forsyth County Registry SUBJECT TO Grantor's reservation of a right of non - exclusive access to Enterprise Park Boulevard over the area north of the northern boundary of the "20' Sanitary Sewer Easement" shown on the Plat. NC Bar Association Form No 6 O 1/112010, 2013 This standard form has been approved by Printed by Agreement with the NC Bar Association North Carolina Bar Association — NC Bar Form No 6 Book 3184 Page 404 1IIINI11111INININ iN NI p 2014021774 00052 FORSYTH CO, NC FEE $2600 PRE SENTED 6 RECORDED 06 -20 -2014 11 01 39 AM C NORMAN HOLLEMAN REGISTER OF DEEDS BY RANDY L SMITH DPTY BK: RE 3184 PG: 404 -414 DRIVEWAY EASEMENT AGREEMENT i Prepared by and after recording return to: Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L P (BDM) (Without benefit of Title Examination) �`� Post Office Box 2611 L� Raleigh, North Carolina 27602 -2611 4Qo F STATE OF NORTH CAROLINA COUNTY OF FORSYTH THIS DRIVEWAY EASEMENT AGREEMENT (the "Agreement') is made as of June 20, 2014 by and between UNION CROSS BUSINESS PARK ASSOCIATION, a North Carolina non -profit corporation ( "Union "), having an address of 1080 West Fourth Street, Winston - Salem, North Carolina 27101, and PEPSI BOTTLING VENTURES LLC, a Delaware limited liability company ("Pepsi"), having an address of 4141 Parklake Avenue, Suite 600, Raleigh, North Carolina 27612 -2380. Union and Pepsi are sometimes referred to collectively as the "parties." RECITALS The following recitals of fact are a material part of this Agreement: A. Union is the owner of that certain real property located in the City of Winston - Salem, Forsyth County, North Carolina, as evidenced in the instrument recorded in Book 2926, Page 1097 of the Forsyth County Registry, and such real property being shown as "Common Element #6" on that plat recorded in Plat Book 60, Page 66 of the Forsyth County Registry (the "Union Propert y ") B. Pepsi is the owner of that certain approximately 10.39 acre tract of real property located in the City of Winston- Salem, Forsyth County, North Carolina, having Forsyth County Parcel Identification Number 6863 -24- 3146.00, and being more particularly described in the instrument recorded in Book:9f 3X4Page 3 ry S of the Forsyth County Registry, and such real property being shown as Lot 10 on that plat recorded in Plat Book 60, Page 66 of the Forsyth County Registry (the "Pepsi Owned Property "). Book 3184 Page 405 C. PBV Logistics Center, LLC, a Delaware limited liability company ( "Landlord ") is the current fee owner of that certain approximately 51.508 acre tract of real property located in the City of Winston - Salem, Forsyth County, North Carolina, having Forsyth County Parcel Identification Number 6863 -04- 6407.00, and being more particularly described in the instrument recorded in Book 3080, Page 124 of the Forsyth County Registry, and being shown as Lot 120A on that plat recorded in Plat Book 51, Page 72 of the Forsyth County Registry (the "Pepsi Leased Property"). D. Pepsi leases the Pepsi Leased Property from Landlord. Pepsi operates a warehouse facility on the Pepsi Leased Property. E. Pepsi intends to use the Pepsi Owned Property for parking and other uses related to the operation of its warehouse facility, but the Pepsi Leased Property and the Pepsi Owned Property are not contiguous. F. The Pepsi Leased Property and the Pepsi Owned Property are separated by the Union Property. G. Pepsi desires to have, and Union is willing to grant and convey to Pepsi (and Pepsi's successors and assigns), an exclusive perpetual easement over that certain approximately 0.652 acre portion of the Union Property described herein for use as a driveway between the Pepsi Owned Property and the Pepsi Leased Property and other related uses, subject to and in accordance with the terms and conditions provided below. AGREEMENT NOW, THEREFORE, in consideration of the promises made herein, the conveyance of the easement, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged by the parties, the parties agree as follows: ARTICLE I GRANT OF EASEMENT 1.01 Driveway Easement. Union does hereby grant and convey unto Pepsi (and Pepsi's agents, employees, contractors, licensees, customers, invitees, guests, successors, and assigns) a perpetual and exclusive right, privilege, and easement over that certain approximately 0.652 acre portion of the Union Property legally described on Exhibit A (the "Driveway Easement Area ") for the following uses: (i) For the construction and installation of a driveway within the Driveway Easement Area that connects the Pepsi Owned Property and the Pepsi Leased Property. Such construction work (including the installation of a culvert and/or any slope retention structures or improvements) is detailed below in Section 2.01 of this Agreement; and Book 3184 Page 406 (ii) To use the Driveway Easement Area for vehicular and pedestrian ingress, egress, and regress to and from the Pepsi Owned Property and the Pepsi Leased Property, and such vehicular and pedestrian traffic shall expressly include traffic from trucks and other heavy equipment. The rights, privileges, and easements listed in Sections 1.01 (i) and (ii) are collectively referred to herein as the "Driveway Easement." Pepsi is expressly permitted to access the entirety of the Union Property in connection with the Driveway Easement. A drawing depicting the Driveway Easement Area is attached hereto as Exhibit B for reference. ARTICLE II CONSTRUCTION, MAINTENANCE, INSURANCE, AND INDEMNIFICATION 2.01 Driveway Easement Construction and Maintenance. Pepsi (at its sole cost and expense) shall be solely responsible for the construction of the driveway within the Driveway Easement Area, including construction work that is necessary for: {i) Connecting the Pepsi Owned Property and the Pepsi Leased Property via the Driveway Easement Area; (ii) Installing a culvert and /or any slope retention structures or improvements (collectively with the culvert, the "Slope Related Improvements ") to address any slope issues within the Driveway Easement Area; and (iii) Meeting any North Carolina Department of Transportation construction requirements related to the vehicular traffic (which includes traffic from trucks and other heavy equipment) that will utilize the Driveway Easement Area. Pepsi shall properly grade the Driveway Easement Area and install a properly sized and designed culvert as necessary to allow adequate drainage and prevent water from accumulating on the Pepsi Owned Property, the Pepsi Leased Property, the Union Property, and the driveway surface within the Dnveway Easement Area. Pepsi shall be responsible for maintaining such culvert and keeping it clear of debris and other obstructions that would unreasonably restrict the flow of water through the culvert, and Pepsi shall not permit the culvert to act as a dam or cause water to impound behind the Slope Related Improvements, the Driveway Easement Area, or any elevated roadway. Union consents to any incidental use of the Union Property or any other property owned by Union outside of the Driveway Easement Area that is reasonably necessary or convenient in order to complete said construction work. Pepsi (at its sole cost and expense) shall have the right, but not the obligation, to improve the Driveway Easement Area as reasonably necessary including, without limitation, the right to clear, gravel, grade, and pave all or a portion of the Driveway Easement Area. Pepsi (at its sole cost and expense) shall maintain the Driveway Easement in, good condition and repair. Union Book 3184 Page 407 shall be responsible for any and all damage to the Driveway Easement Area proximately caused by the actions of Union (or Union's agents, employees, contractors, or licensees). In regard to the Driveway Easement, ad valorem taxes and assessments, and other requirements or incidentals of ownership shall be borne by the party owning the Union Property and nothing herein shall impose any specific obligation or requirement with respect to the ownership, operation, or maintenance of the Union Property, except as expressly set forth herein. 2.02 Indemnification. (A) Union agrees to defend, indemnify, and hold harmless Pepsi and its officers, directors, shareholders, members, managers, employees, agents, affiliates, successors, and assigns (the "Pepsi Indemnified Parties ") from any and all claims, liability, or damages that the Pepsi Indemnified Parties may suffer as a result of claims, demands, costs, liens, judgments, or awards against the Pepsi Indemnified Parties arising from any injury to person or property as a result of the use of the Driveway Easement Area by any of the Union Indemnified Parties (as defined below) or Union's licensees, invitees, or guests, except to the extent proximately caused by the negligent or intentional acts of any of the Pepsi Indemnified Parties or any of Pepsi's contractors, licensees, invitees, or guests. (B) Pepsi agrees to defend, indemnify, and hold harmless Union and its officers, directors, shareholders, members, managers, employees, agents, affiliates, successors and assigns (the "Union Indemnified Parties ") from any and all claims, liability, or damages that the Union Indemnified Parties may suffer as a result of claims, demands, costs, liens, judgments, or awards against the Union Indemnified Parties arising from any injury to person or property as a result of the use of the Driveway Easement Area by any of the Pepsi Indemnified Parties or Pepsi's licensees, invitees, or guests, except to the extent proximately caused by the negligent or intentional acts of any of the Union Indemnified Parties or any of Union's contractors, licensees, invitees, or guests. ARTICLE III MISCELLANEOUS 3.01 Covenant by Union. Union covenants with Pepsi that Union is seized of the Union Property in fee simple, has the right to convey the Driveway Easement, that title is marketable and free and clear of all encumbrances, and that Union will warrant and defend the title against the lawful claims of all persons whomsoever; provided, however, that the Driveway Easement is granted subject to all recorded easements, agreements, covenants, restrictions, and conditions affecting the Union Property or any part thereof. 3.02 Liens. If any mechanics' or materialmen's liens are asserted against a party's property as a result of the other party's failure to pay amounts owed to third parties as a result of the activities conducted by, under, or through such other party under this Agreement, the party so failing to timely pay-and causing such lien shall, within thirty (30) days after receipt of written notice of the filing of any such lien, satisfy, defend, or obtain the release of or bond such lien, all Book 3184 Page 408 at such party's sole expense, and such party shall indemnify and hold harmless the other party from any claims, losses, damages, and/or liabilities arising out of or connected with such lien. 3.03 Private Use. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Driveway Easement Area, the Union Property, the Pepsi Leased Property, or the Pepsi Owned Property. 3.04 Run with the Land. This Agreement and the easements, rights, restrictions, covenants, obligations, agreements, benefits, and burdens set forth herein shall run with the respective parcels of land, and shall benefit and be an appurtenance to the Pepsi Owned Property and the Pepsi Leased Property, and shall burden the Union Property, and all owners, subsequent owners, successors, and assigns thereof, including the parties' respective heirs, personal representatives, transferees, successors in interest, assigns, and subtenants, and this Agreement shall be freely assignable by either party to the successor owners of its land. 3.05 Compliance with Laws; Cooperation, Nuisance. Pepsi shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations (including all necessary environmental, sedimentation, and erosion control laws /regulations, and driveway permits) in exercising the rights or responsibilities granted herein. To the extent that Pepsi's exercise of its rights granted herein reasonably requires the execution of applications, permits, or other documents by Union, Union shall reasonably cooperate with Pepsi to execute such documents. Pepsi shall not use the Driveway Easement Area or exercise its rights under this Agreement for any unlawful or immoral purposes or in such a manner as to constitute a nuisance. 3.06 No Restrictions on Union Property. In its interactions with the applicable federal, state, and local authorities regarding the Driveway Easement, Pepsi will not agree to any restrictions or conditions that would materially and adversely affect the Union Property without the prior written approval of Union. 3.07 Condemnation. In the event of condemnation by any duly constituted authority for a public or quasi - public use of all or any part of the Driveway Easement Area, that portion of the award attributable to the value of the fee interest in the land shall be payable to the party owning such fee interest and no claim therefor shall be made by the other party; provided, however, that the other party shall be entitled to that portion of the award attributable to, and may make a claim with the condemning authority for, the value of its easement area and right of way so taken, and the loss of use of such easement area and right of way, which claim shall not be reduced by the award to or recovery of amounts by the party owning the fee interest. 3.08 Headings. The Section headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement and shall not be considered in any construction or interpretation of this Agreement or any part thereof 3.09 Governing Law; Severabilitv; Time is of the Essence. This Agreement and the provisions, covenants, conditions and obligations set forth herein shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. If any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, Book 3184 Page 408 null, void, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Time is of the essence in this Agreement 3.10 Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed upon written receipt therefor, by registered or certified mail, return receipt requested, with postage fully prepaid, or by nationally recognized overnight courier, addressed as follows: If to Union: Union Cross Business Park Association c/o Forsyth County Development Corporation 1080 West Fourth Street Winston - Salem, North Carolina 27101 Attention: Robert Leak If to Pepsi- Pepsi Bottling Ventures LLC 4141 Parklake Ave., Suite 600 Raleigh, NC 27612 -2380 Attention: Derek Hill. Any notice shall be deemed received upon actual receipt or refusal thereof. Any party may change the name of the person or address to which notices and other communications are to be given by so notifying the other parties in the manner provided herein. 3.11 Entire Agreement; Amendment or Termination. This Agreement contains the entire agreement relating to the subject matter hereof, and any prior agreements, whether written or oral, with respect thereof, are expressly superseded hereby. This Agreement may only be amended in writing duly executed by the owners of each of the Pepsi Owned Property and Union Property and any subdivisions of either property. 3.12 No Partnership. Nothing contained in this Agreement shall be construed to create a partnership or joint venture between the parties or their successors in interest. 3.13 Counterparts. The parties acknowledge and agree that this Agreement may be executed in any number of counterpart original instruments, all of which taken together shall constitute but one fully executed Agreement. 3.14 Attorneys' Fees. If any litigation is initiated or defended by a party against the other party relating to this Agreement or the subject matter hereof, the party prevailing in such litigation shall be entitled to recover, in addition to all damages allowed by law and other relief, all court costs (including, without limitation, expert witness fees and all trial and appellate expenses) and reasonable attorneys' fees incurred in connection therewith. As used in this Agreement: (i) the term "reasonable attorneys' fees," (including "legal fees," if any) and any similar phrases shall mean the fees actually incurred at standard hourly rates; and (ii) the term Book 3184 Page 410 "prevailing party" shall mean the party that obtains the principal relief it has sought, whether by compromise, settlement, or judgment. If the party that commenced or instituted the action, suit, or proceeding shall dismiss or discontinue it without the concurrence of the other party, such other party shall be deemed the prevailing party. 3.15 Recordation. This Agreement shall be recorded in the Forsyth County Register of Deeds Office by Pepsi at its expense. 3.16 Authorization. The persons executing this Agreement on behalf of Union and Pepsi warrant and represent that each of them is duly authorized to enter into this Agreement, to grant the rights granted under this Agreement, and that this Agreement constitutes the valid and binding obligations of Union and Pepsi, respectively, and enforceable against Union and Pepsi in accordance with its terms. TO HAVE AND TO HOLD, the aforesaid Driveway Easement and the rights herein granted unto Pepsi (and its successors and assigns) upon the terms and conditions set forth herein. [The remainder of this page intentionally left blank Signature pages follow] Book 3184 Page 411 [Signature Pages to Driveway Easement Agreement] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove set forth. UNION: UNION CROSS BUSINESS PARK ASSOCIATION, a North Carolina non - profit corporation By: f Name: Title: kAAA,+- ka,*¢,. STATE OF A) A COUNTY OF p , �Aq h[ ( , a Notary Public of F County in the State of certify that 5., personally appeared before me this day and acknowledged that (s)he is the MAr4 A of UNION CROSS BUSINESS PARK ASSOCIATION, a North Carolina non -profit corporation, and that (s)he, as /A A-AIA C F;P-_ , being authorized to do so, voluntarily executed the foregoing Agreement on behalf of said corporation for the purposes stated therein. Witness my hand and notarial stamp or seal, this 1-7 day of -Z —u., ?'j:;: - 12014, OFFICIAL SEAL Notary Pubik North Catotina COUNTY Of FORSYTH KATHLEEN M. HESS My Commi:laMn E1111* t [Affix Notarial Stamp or Seal] Mail, NotA y- Public ` k'n A I -e� Printed or Typed Name of Notary Public My Commission Expires: ZL-9 '�V 1-7 Book 3184 Page 412 PEPSI: PEPSI BOTTLING VENTURES LLC, a Delaw By: ar ited 1' bility many Name: Derek Hill Title: Chief Financial Officer STATE OF COUNTY OF I, a Notary Public of C!A 1i County and State of certify that Derek Hill personally appeared before me this day and acknowledged that he is the Chief Financial Officer of PEPSI BOTTLING VENTURES LLC, a Delaware limited liability company, and that he, as Chief Financial Officer, being authorized to do so, voluntarily executed the foregoing Agreement on behalf of said limited liability company for the purposes stated therein. Witness m kQq and notarial stamp or seal, ? Notary Public ; Chatham County =My Commission Explres= 03/18/2017 =,�o .aP',,: /";H+CiA R [Affix Notarial Stamp or Seal] of 2014. Public Printed or Typed Name of Notary Public My Commission Expires: d.� l0 C� Al , Book 3184 Page 413 EXHIBIT A (Legal Description of Driveway Easement Area) BEING all of that parcel or tract of land in the City of Winston - Salem, Winston Township, Forsyth County, North Carolina and being more particularly described as follows: COMMENCING at a nail found in a stone in the northerly line of the David L. Yokley Heirs property (Deed Book 70, Page 531 of the Davidson County Registry; and Deed Book 807, Page 21 of the Forsyth County Registry); running thence with the northerly line of said David L. Yokley Heirs property North 88 deg 02' 45" West a distance of 38.10 feet to a point, a corner with Union Cross Business Park Common Elements #6 as shown in Plat Book 56, Pages 106 -7 of the Forsyth County Registry; thence with an easterly line of said Common Elements #6 North 26 deg 47' 52" West a distance of 25.91 feet (passing an iron pipe found at a distance of 0.92 feet) to an iron pipe set in a mound of stones, the POINT AND PLACE OF BEGINNING; running thence with the line of said Common Elements #6 the following two (2) courses and distances: 1) North 26 deg 47' 52" West a distance of 229.19 feet to an iron pipe found; and 2) North 32 deg 10' 27" West a distance of 89.92 feet to an iron pipe set; thence leaving the easterly line of said Common Elements 46 South 57 deg 56' 47" West a distance of 102.58 feet to an iron pipe set in the easterly line of Lot 120A of the Union Cross Business Park (Plat Book 51, Page 72 of the Forsyth County Registry); thence with the easterly line of said Lot 120A the following three (3) courses and distances: 1) South 31 deg 54' 56" East a distance of 182.67 feet to an iron rebar found; 2) South 24 deg 33' 50" East a distance of 21.36 feet to an iron rebar found; and 3) South 24 deg 46' 09" East a distance of 51.20 feet to an iron rebar found; thence leaving the easterly line of said Lot 120A South 87 deg 16' 58" East a distance of 111.37 feet to an iron pipe set in a mound of stones, the POINT AND PLACE OF BEGINNING, containing 0.652 acres (28,410 Sq. Ft.), more or less. Book 3184 Page 414 EXHIBIT B (Drawing of Driveway Easement Area) 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. The Driveway Easement Area is the shaded area on the drawing below. vo % 1p AS A J ` `�° • `off ING J Si 7K Z1 .38' l '�. OVERHEAD HIRES Bey • \ CROSS LINE _BUFFER I PS IN WOUND 51 PG 72) _ OF STONES 24.99- TPF TO IPS (%ARINO BASE] RBF 587.1•�$g�� 8B •01'Oa•� ctrtl er - 111.371 IPF 0.921 FROM (INSTON- SALEM) 23P.Ot' ITOTAt d CP •PROP CORNER (FORSYTH COUNTY-T—ETIE LINE) �_ 3. 41' IPF N6••O�* CITY LIMITS Q1 100.56• Ao. o �tg S� IN 3T F ARBOR KNOLLS Sub. III e a; ��,t PB 24 PG � , LOT 16 b WCSR 32385207v2 Homewood, Sue From: Michael Brame <mbrame @pilotenviro com> Sent: Thursday, July 24, 2014 3 35 PM To: Homewood, Sue Subject: RE Pepsi Thanks Sue I made Allan aware of this Have a good day. Michael T Brame, PINS 336 708 4620 mbrame @pilotenviro.com z � -r N-T A V *- 4,N_C'!i From: Homewood, Sue [mailto sue homewood @ncdenr gov] Sent: Wednesday, July 23, 2014 2 52 PM To: Michael Brame Subject: RE Pepsi One last FYI, the 401 says that no impacts can occur until we have a copy of the approved stormwater management plan on file Sue Homewood NC DENR Winston -Salem Regional Office Division of Water Resources — Water Quality Programs 585 Waughtown Street Winston- Salem, NC 27107 Voice- (336) 771 -4964 FAX (336) 771 -4630 E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Homewood, Sue Sent: Wednesday, July 23, 2014 2:48 PM To: michael Brame Subject: Pepsi Hey Mike, You list the owner as the forsyth county development corp but the applicant is pepsi We need something that shows fcdc has authorized pepsi to apply for a permit on their property The riprap pad below S2 is installed in the existing channel which appears to take a turn mid -pad We usually don't like there to be a turn in the stream immediately below a culvert outlet Can you show that area as a temporary impact in order to straighten the stream where the riprap pad will be for better alignment please Homewood, Sue From: Michael Brame <mbrame@pi|otenvim.com> Sent: Thursday, July 31,ZUl48:l3AM To: Homewood, Sue Subject: RE: Pepsi Hopefully, the attached exhibits will address the remainder of your requests. Please let meknow ifyou need additional information. K�"3�|l[Br@rHU,PVVS 336.708.4620 *PILOT EUVIRGUMENTAI * INC* From: Homewood, Sue Sent: Wednesday, July Z3,Z014Z:SZPM To: Michael Brame Subject: RE: Pepsi One last FYI, the 401 says that no impacts can occur until we have a copy of the approved stormwater management plan on file. Sue Homewood N[ DENRVVinston-Sa|em Regional Office DivisionofVVaterResources—VVaterCWa|ityPrograms 5Q5VVaughtovvnStreet Winston-Salem, NC 27107 Voice: (336)771-4964 FAX: (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed tothird parties. From: Homewood, Sue Sent: Wednesday, ]uh2],2014 2:48 PM To: michael Brame Subject: Pepsi Hey Mike, You list the owner as the forsyth county development corp but the applicant is pepsi. VVeneed something that shows fcdchas authorized pepsitoapply for apermit ontheir property. 1 The riprap pad below S2 is installed in the existing channel which appears to take a turn mid -pad. We usually don't like there to be a turn in the stream immediately below a culvert outlet. Can you show that area as a temporary impact in order to straighten the stream where the riprap pad will be for better alignment please. The profile of the pipes don't show the pipes being buried as required? Just FYI, since the impacts are right at the mitigation threshold, I'll be including a permit condition for a preconstruction meeting with DWR. Sue Homewood NC DENR Winston-Salem Regional Office Division of Water Resources — Water Quality Programs 'TT,'inston-Salem, 11, • . 6) /.96 • / • 0 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. en \ \ Y , •iris �_ = - . .� - .�i fi�d�a� � � �, ����-�''' u . Via?: �.. �� ,, ; � � _ , - �_��_;,��,���,►,�,...� - �*;� �,, +y� , ��� g , Ali ,, 1�• � 1) �--"" T TA INA IN VA��, 11 "!; (lip, ` ( 6 u� o �� \�.-��.► y dew I► , r � S� IN FEET .- A, n8 North scA.E V = a Trailer L®t for Pepsi Bottling Ventures 350 Enterprise Park Blvd. ®�•,��N OARp`/ •,�® GREENSBORO, NORTH CAROLINA PERMANENT STREAM gj AND WETLAND IMPACT STREAM ®� A IMPACTS ZONE I MAY 28, 2014 ZONE 2 021 AC• S S 1 STREAM = 155 LF WETLAND = 200 SF PPnsi Bottl i na Venture IJ !!I'J 11i /l\ 111 I I ■ LV 1 DJ Ni ilitll=►irj:ilw-lililmliTilJi 0+00 00 Oft AmAM Wa 17, -1111-q1 -000 mmmmmm - - OEM in Lq fig IMMEMMEMEMME ENE" MEMEMEMEMMEMS 0: MEMEMEMEME EMEND lME iwifis MEMMIM so .. , m3 o"' 1 �1 ff I . ®0e `eeee ^�� �J E $ $ /�JG/70_ ® • � /J�s s ®=. �'.; �� r N E``• Via.,®® JULY 28, 2014 VICINITY MAP North , CALE P = 2000° Trailer Lot for Pepsi Bottling Ventures 1 Enterprise Park Blvd. GREENSBORO, NORTH CAROLINA PERMANENT STREAM AND WETLAND IMPACT SS -4