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HomeMy WebLinkAboutNCC223366_FRO Submitted_20220927FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT EXPRESS PERMITTING OPTION No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail address or phone number is unavailable, place N/A in the blank.) Part A. 1. Project Name HF Lee Blackjack Church Road Stockpile E&SC Plan 2. Location of land -disturbing activity: County Wayne City or Township Goldsboro Highway/Street Blackjack Church Rd Latltude(decimal degrees) 35.36699 Longltude(decimal degrees)-78.08888 3. Approximate date land -disturbing activity will commence: 09/22 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Energy Infrastructurfi 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 10 acres 6. Amount of fee enclosed $3,000.00 . The Express Permitting application fee is a dual charge. The normal fee of $100.00 per acre (rounded up to the next acre) is assessed without a ceiling amount. In addition, the Express Permitting supplement is $250 per acre up to eight acres, afterwhich the Express Permitting supplemental fee is a fixed $2,000.00 (Example: 8.10-acre application fee is $2,900). Checks should be addressed to NCDEQ. 7. Has an erosion and sediment control plan been filed? Yes ❑ Enclosed ❑x No ❑ 8. Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name Issa J. Zarzar E-mail Address issa.zarzar@duke-energy.com Phone: Office # (919) 546-7574 Mobile # (919) 812-0446 9. Landowner(s) of Record (attach accompanied page to list additional owners): Duke Energy Progress, LLC. (336)-597-7301 Name 410 South Wilmington Street Current Mailing Address Raleigh, NC 27601 City State Zip Phone: Office # Mobile # 1677 Old Smithfield Road Current Street Address Goldsboro, NC 27530 City 10. Deed Book No. 1453 Page No. 229 State Zip Provide a copy of the most current deed. Part B. 1. Company(ies) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on accompanied page.) If the company is a sole proprietorship or if the landowner(s) is an individual(s), the name(s) of the owner(s) may be listed as the financially responsible party(ies). Duke Energy Progress, LLC (Attn:lssa Zarzar) ISsa.zarzar@duke-energy.com Company Name 410 South Wilmington Street Current Mailing Address Raleigh, NC 27601 City State Zip Phone: Office # (919)-546-7574 E-mail Address 1677 Old Smithfield Road Current Street Address Goldsboro, NC 27530 City State Zip Mobile # (919)-546-5084 Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form the landowner's signed and dated written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land disturbing activity. 2. (a) If the Financially Responsible Party is a domestic company registered on the NC Secretary of State business registry, give name and street address of the Registered Agent: CT Corporation (Karen Rozar) ct-statecommunications@wolterskluwer.com Name of Registered Agent E-mail Address 160 Mine Lake Ct., Suite 200 160 Mine Lake Court, Suite 200 Current Mailing Address Current Street Address Raleigh, NC 27615-6417 Raleigh, NC 27615-6417 City State Zip City State Zip Phone: Office # 919-844-8360 Mobile # Karen Rozar Name of Individual to Contact (if Registered Agent is a company) (b) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina agent who is registered on the NC Secretary of State business registry: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office # Mobile # Name of Individual to Contact (if Registered Agent is a company) (c) If the Financially Responsible Party is engaging in business under an assumed name, give name under which the company is Doing Business As. If the Financially Responsible Party is an individual, General Partnership, or other company not registered and doing business under an assumed name, attach a copy of the Certificate of Assumed Name. Company DBA Name (d) If order to facilitate Express Permitting, it is necessary to be able to contact the engineer or other consultant who can assist in providing any necessary information regarding the plan and its preparation: Wood E&IS Engineering firm or other consultant Nick Parks Individual contact person (type or print) nick.parks@woodplc.com E-mail Address (919)413-3822 Phone: Office # Mobile # The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be signed by the Financially Responsible Person if an individual(s) or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Party). I agree to provide corrected information should there be any change in the information provided herein. Issa J. Zarzar Type or print name Signature GM CCP Project Management Title or Authority f / I I ) -z- c, Z_ -Z Date I , /Yo/� A1,-e MAr1rq a Notary Public of the County of li✓wtin� State of North Carolina, hereby certify that L5sappeared personally before me this day and being duly sworn acknowledged that the above form was executed by him/her. Witness my hand and notarial seal, this / day of S5e 120 tiZ ►""'" otar �Oly'L My commission expires �i3a .2L ���► AUBOG 40ed Continued from Items 9 & 10 in Part A of the Financial Responsibility/Ownership Form for multiple owners. Attach copies of this page as needed to list all landowners. Landowner 2 of Record: Name Phone: Office # Mobile # Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 3 of Record: Name Phone: Office # Mobile # Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 4 of Record: Name Phone: Office # Mobile # Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 5 of Record: Name Phone: Office # Mobile # Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Continued from Item 1 in Part 8 of the Financial Responsibility/Ownership Form for multiple parties. Attach copies of this page as needed to list all financially responsible parties. Company 2 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office # Mobile # Company 3 Name Current Mailing Address E-mail Address Current Street Address City State Zip City Phone: Office # Mobile # Company 4 Name Current Mailing Address E-mail Address Current Street Address City State Zip City Phone: Office # Mobile # Company 5 Name Current Mailing Address City State Zip City Phone: Office # Mobile # E-mail Address Current Street Address State Zip State Zip State Zip t of 9 Drawn by or under the direction PAGE 358 of Mark S Calvert, Attorney NORTH CAROLINA WAYNE COUNTY • THIS DEED, made and entered into this 1201 day of December , 1994, from MARY LOUISE P HOLLOWELL NEEL BUTLER AND HUSBAND, EARL T BUTLER, BARBARA LOUISE HOLLOWELL WILKINS AND HUSBAND, W S WILKINS, JR , JESSYE DIANE HOLLOWELL MAHER AND HUSBAND, BRIAN P MAHER, ALAN GILBERT HOLLOWELL and wife, CATHERINE T HOLLOWELL, ROBERT E BRYAN, Jr and WACHOVIA BANK OF NORTH CAROLINA, N A , CO -TRUSTEES UNDER ARTICLE IV OF THE LAST WILL AND TESTAMENT OF ADRON G HOLLOWELL, (also known as Adrian Gilbert Hollowell), and WACHOVIA BANK OF NORTH CAROLINA, N.A , TRUSTEE UNDER A TRUST AGREEMENT dated January 5, 1964, as amended December 12, 1966, recorded in Book 614, page 312 and Book 684, page 210 in the Wayne County Registry, GRANTORS, and CAROLINA POWER & LIGHT COMPANY, a North Carolina public service corporation, GRANTEE, WILNESSETH. • That GRANTORS, for and in consideration of the sum of TEN DOLLARS ($10 00) and ` other valuable consideration, receipt of which is hereby duly acknowledged, have bargained and sold, and by these presents do grant, bargain, sell, and convey unto GRANTEE, its successors and assigns, the following -described tract of land Lying and being in Brogden Township, Wayne County, North Carolina BEGINNING at an iron pipe marking a southeastern corner of Josephine Sears io Woodall, et al , in the western property line of Carolina Power & Light Company Leaf Western Saddle Club, Inc and the center line of NCSR 1223, Wm (formerly Bright ,) the location of said pipe having North Carolina Coordinates Y=589,610 89 and ai°i X X=2,271,911 30, and runs thence along and with the center line of NCSR 1223 and the CC Uj western property lines of Carolina Power & Light Company (formerly Bright Leaf Western Saddle Club, Inc ), and John Foster Cox the following courses and distances South 09 degrees 54 minutes 23 seconds East 78 36 feet to a point, South 04 degrees 57 minutes 53 seconds East 100 81 feet to a point, South 02 degrees 45 minutes 33 seconds East 99 68 feet to a point, South 01 degrees 44 minutes 24 seconds East 148 14 feet to a point being located at the southwestern corner of Carolina Power & Light Company Q (formerly Bright Leaf Western Saddle Club, Inc ) and a northwestern corner of John South 02 o z Foster Cox, South 01 degree 15 minutes 17 seconds East 53 00 feet to a point, • 0�0 degrees 11 minutes 27 seconds East 99 78 feet to a point, South 01 degree 43 minutes N v Page 2 of 9 nok1456PAGE 359'0"' 47 seconds East 99 88 feet to a point, and south 00 degrees 44 minutes 35 seconds East 75.31 feet to an iron pipe, the location of said pipe having North Carolina Coordinates Y=588,857.80 and X=2,271,951 78, thence along and with a northwestern property line of John Foster Cox the following courses and distances- South 64 degrees 59 minutes 35 seconds West 32 63 feet to an iron pipe, being located in the western right of way edge of NOR 1223, South 64 degrees 59 minutes 42 seconds West 359 93 feet to an iron pipe, South 64 degrees 59 minutes 42 seconds West 520 69 feet to an iron pipe, South O 64 degrees 59 minutes 42 seconds West 493 55 feet to a concrete monument, and south 64 degrees 59 minutes 42 seconds West 1180 30 feet to a concrete monument marking the westernmost corner of John Foster Cox in the northeastern property line of Jean Hollowell, thence along and with the northeastern property lines of Jean Hollowell and Thurman T Perkins the following courses and distances. North 27 degrees 42 minutes 53 seconds West 2202 20 feet to an iron stake and painted stone on a ditch bank and North 27 degrees 12 minutes 45 seconds West 7,50 feet to an iron pipe being located in the center of said ditch; thence along and with the northeastern and northern property line of Thurman T Perkins and the center of said ditch the following courses and distances North 45 degrees 00 minutes 47 seconds West 68 15 feet to a point, North 38 degrees 55 minutes 12 seconds West 618 11 feet to a point, North 40 degrees 12 minutes 04 seconds West 92.22 feet to an point, South 84 degrees 41 minutes 07 seconds West 184 75 feet to a point, South 69 degrees 38 minutes 07 seconds West 45 00 feet to a point, North 80 degrees 14 minutes 31 seconds West 47 92 feet to a point, South 74 degrees 13 minutes 25 seconds West 162 66 feet to a point, South 69 degrees 41 minutes 33 seconds West 59 03 feet to a point, South 33 degrees 19 minutes 54 seconds West 18 71 feet to a point, North 88 degrees 36 minutes 28 seconds West 49 40 feet to a point, South 74 degrees 26 minutes 27 seconds West 41 98 feet to a point, South 52 degrees 40 minutes 09 seconds West 57 44 feet to a point being located at a northwestern corner of Thurman T Perkins in the northeastern property line of Lavee Hollowell Coone, thence along and with said eastern property line of Lavee Hollowell Coone, North 27 degrees 05 minutes 44 seconds West 291 16 feet to an iron pipe being located on the eastern bank of the Neuse River, thence along and with said eastern bank of the Neuse River the following courses and distances North 26 degrees 34 minutes 37 seconds East 103.54 feet to an iron pipe, North 16 degrees 07 minutes 18 seconds East O 284.16 feet to an iron pipe, North 21 degrees 30 minutes 32 seconds East 101.42 feet to an iron pipe, North 05 degrees 43 minutes 08 seconds East 75 52 feet to an iron pipe, North 11 degrees 57 minutes 08 seconds West 148 90 feet to an iron pipe, North 04 degrees 06 minutes 08 seconds West 145 07 feet to an iron pipe, North 08 degrees 57 minutes 54 seconds East 200 19 feet to an iron pipe, North 10 degrees 58 minutes 09 seconds East 111.63 feet to an iron pipe, North 05 degrees 52 minutes 22 seconds East 221 06 feet to an iron pipe, North 10 degrees 24 minutes 48 seconds East 230 72 feet to an iron pipe, North 04 degrees 57 minutes 14 seconds East 146 39 feet to an iron pipe, North 16 degrees 13 minutes 12 seconds East 388 38 feet to an iron pipe, North 02 degrees 30 minutes 10 seconds East 124 98 feet to an iron pipe, and North 11 degrees 28 minutes 43 seconds East 120 33 feet to a concrete monument marking the westernmost corner of Josephine Sears Woodall, et A , the location of said monument having North Carolina Coordinates Y=592,270 38 and X=2,267,715 90, thence along and with the southeastern property line of Josephine Sears Woodall et al , the following courses and distances South 48 degrees 54 minutes 08 seconds East 760 75 feet to an iron pipe, South 48 degrees 54 minutes 08 seconds East 196129 feet to a concrete monument, South 48 degrees 54 minutes 08 seconds East 1098 76 feet to an iron stake, South 48 degrees 53 minutes 02 seconds East 530 23 feet to a concrete monument, South 48 degrees 50 minutes 34 seconds East 629 11 feet to a concrete monument, and South 48 degrees 50 minutes 34 seconds East 14 85 feet to a point being located at the southernmost corner of Josephine Sears Woodall, et al , in the center of a ditch, and O 3of9 +00K I It ) U PAGE 360 thence along and with a southern property line of Josephine Sears Woodall, et al , and the center of said ditch the following courses and distances, North 73 degrees 52 minutes 55 seconds East 419 51 feet to an iron pipe being located in the western right of way edge of NCSR I223 and North 73 degrees 52 minutes 55 seconds East 30 18 feet to the • point of BEGINNING, containing 222 249 acres, more or less, as shown on the Carolina Power & light Drawing No L-D-8909, (dated February, 1994) , and being (1) the 1st and 2nd tracts of land described in deeds from (a) Gurney J Hollowell and wife, Renna Hollowell, to Adrian Gilbert Hollowell and wife, Mary Louise Hollowell, dated December 28, 1960, and recorded in Book 537, page 142, and (b) Gurney J Hollowell and wife, Renna Hollowell, to Adrian Gilbert Hollowell and wife, Mary Louise Hollowell, dated January 25, 1961, and recorded in Book 540 page 151, and (2) the 1st and 2nd portions of the 4th tract of land described in a deed from Louise P Hollowell, et al , to Wachovia Bank and Trust Company, Trustee, dated January 14, 1964, and recorded in Book 611, page 189, all Wayne County Registry This Deed is made expressly subject to the conditions, restrictions, reservations, and easements, if any, duly of record, constituting constructive notice thereof TO HAVE AND TO HOLD, the above -described tract of land, together with all privileges and appurtenances thereunto belonging, to GRANTEE, its successors and assigns, in fee simple forever The individual GRANTORS for themselves, their heirs, executors, and administrators do hereby covenant with GRANTEE, its successors and assigns, that they are seized of the above -described tract of land in fee and have the right to convey the same in fee simple, that the same is free and clear from i all liens and encumbrances, and that they will warrant and forever defend the title thereto against the lawful claims of all persons whosoever Robert E Bryan, Ir and Wachovia Bank of North Carolina, N A , Co -Trustees under Article IV of the Last Will and Testament of Adron G Hollowell, and Wachovia Bank of North Carolina, N A , Trustee under a Trust Agreement dated January 5, 1964, as amended December 12, 1966, recorded in Book 614, page 312 and Book 684, page 210 in the Wayne County Registry, do hereby covenant that they have not placed or suffered to be placed any presently existing liens or encumbrances on said premises and that they will warrant and defend the title to the same against the lawful claims of all persons claiming by, through, under or on account of said Trustees insofar as it is their duty to do so by virtue of their office as Trustees, but no further IN WITNESS WHEREOF, the individual GRANTORS have hereunto set their hands and affixed their seals, and the said Robert E Bryan, Jr. and Wachovia Bank of North Carolina, N A., Co -Trustees • Page 4 of 9 300K 1456PAGE 361 i�� under Article IV of the Last Will and Testament of Adron G. Hollot well, and Wachovia Bank of North Carolina, N A., Trustee under a Trust Agreement dated January 5, 1964, as amended December 12, 1966, recorded in Book 614, page 312 and Book 684, page 210 in the Wayne County Registry, have caused this instrument to be duly executed this the day and year above written, and attached hereto their 0Mrespoectiveseals q GG f /f]dLGlx /lh�Cl� �Gcl (SEAL) �/Y,t / / 1 /L (SEAL) MAW LOUISE P. HOLLOWELL NEEL BUTLER EARL T BUTLER' AL—U /L'L (SEAL) t BARBARAnLOUISE HOLLOWELL WILKINS W S. WILKINS, JR �liln.y L a���CP /t'lI/kCSBAL)..��� (SEAL) (�JES E DIANE HOLLOWELL MAHER BRIAN P MAHER • (SEAL) LWjtt—(SEAL) LB RT H LL W LL CATHERINE T HOLLOWELL WACHOVIA BANK OF NORTH CAROLINA, N.A (SEAL) CO -TRUSTEE UNDER ARTICLE IV OF THE LAST RO ERT E. BRYAN, CO-tIMSTEE WILL AND TESTAMENT OF ADRON G UNDER ARTICLE W OF THE LAST WILL HOLLOWELL AND TESTAMENT OF ADRON G HOLLOWELL 7-77 "0"" 0-` may " Vice President �rh7771pp CHOVIA BANK OF NORTH CAROLINA, N A. , '"'TRUSTEE UNDER A TRUST AGREEMENT DATED JANUARY 5, 1964, AS AMENDED DECEMBER 12, 1966, RECORDED IN BOOK 614, PAGE 312 AND BOOK 684, PAGE 210 IN THE WAYNE COUNTY REGISTRY By .,.,.,, �k�s Vice President o Af Secretary 4 5of9 NORTH CAROLINA 10OK 14 ) 6 PAGE 36 I WAYNE COUNTY I Cynthia H. Justice , a Notary Public in and for said State and County, do • hereby certify that MARY LOUISE P HOLLOWELL NEEL BUTLER and husband, EARL T BUTLER, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed 12th December ;'yJitness my hand and notarial seal, this day of 1994. T��wti'1''�'r � C Not blic • My l4 o�ttgls �f b tr'ezp i res -99 NORTH CAROLINA WAYNE COUNTY I Cynthia H. Justice a Notary Public in and for said State and County, do . hereby certify that BARBARA LOUISE HOLLOWELL WILKINS and husband, W S WILKINS, JR., each personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed Witness my hand and notarial seal, this 12th day of December 1994 Nota , Public �,N�y(It�eR[Mislsiotl' eEpires Vu�{,a 5 • Page 6 of 9 O NORTH CAROLINA 306 K 1 4 5 6 PAG E 3 6 WAYNE COUNTY 1 Cynthia H. Justice a Notary Public in and for said State and County, do hereby certify that JESSYE DIANE HOLLOWELL MAHER and husband, BRIAN P MAHER, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument for [be purposes therein expressed r:. 12th December ,ti "Withesl5 my hand and notarial seal, this day of 1994 Noblic Yh.t•'*Ojhrmi on expires .:f ri,.,•f� , NORTH CAROLINA WAYNE COUNTY 1 Cynthia H. Justice a Notary Public in and for said State and County, do hereby certify that ALAN GILBERT HOLLOWELL and wife, CATHERINE T HOLLOWELL, O personally appeared before me this day and acknowledged the due execution of the foregoing instrument for th f.urposes therein expressed ' I� Wites� my hand and notarial seal, this 12th day of December 1994 -;:t�O7�,Ry':i�'ti=fir.-' Notary eublic 4 s t' Cj y 50 • • a'• • %.. commtCLctbn ON ires.' 6 �o rage 7 of 9 NORTH CAROLINA 30OK 14 5 6 PAGE 364 WAYNE COUNTY 1 Cynthia H. Justice , a Notary Public in and for said State and County, do hereby certify that ROBERT E BRYAN, JR , CO -TRUSTEE UNDER ARTICLE IV OF THE LAST WILL AND TESTAMENT OF ADRON G HOLLOWELL, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed r WAtness my hand and notarial seal, this 12th day of December 1994 No Public AUBocO fvty commis,,46-expires '� r tK�gT99 7 • • Page 8 of 9 NORTH CAROLINA au 14 5 6 PAGE 3 6 5 WAYNE COUNTY 12th December he day of This is to certify on this t1994, before me Cynthia H. Justice a Notary Public, personally came J. Rod Harris with whom I am personally acquainted, who, being Oby me duly sworn, says that Curtis M. Kirby is Vice President and that _he is Assistant Secretary of WACHOVIA BANK OF NORTH CAROLINA, N A , CO -TRUSTEE UNDER ARTICLE W OF THE LAST WILL AND TESTAMENT OF ADRON G HOLLOWELL, the corporation described in and which executed the foregoing instrument, that _he knows the common seal of the said corporation, that the seal affixed to the foregoing instrument is said common seal, and the name of the corporation was subscribed thereto by the said Vice President, and that the said Vice President and Assistant Secretary subscribed their names thereto, and said common seal was affixed, all by authority duly conferred, and that said instrument is the act and deed of said corporatioq. <<: WI]TIESS my hand and official seal, this the 12th day of December 1994 rr:�.4ar.a.•+,.�J''-:jPublic O'ply �dt�[p scibA expires r 8 Page 9 of 9 NORTH CAROLINA A O K 1 4 5 6 PA G E 366 WAYNE COUNTY This is to certify that on this the _ before me, Cynthia H. Justice 12th day of December , 1994, 0 , a Notary Public, personally came J. Rod Harris , with whom I am personally acquainted, who, being by me duly sworn, says that Curtis M. Kirby is Vice President and that he is Assistant Secretary of WACHOVIA BANK OF NORTH CAROLINA, N A , TRUSTEE UNDER A TRUST AGREEMENT dated January 5, 1964, as amended December 12, 1966, recorded in Book 614, page 312 and Book 684, page 210 in the Wayne County Registry, the corporation described in and which executed the foregoing instrument, that he knows the common seal of the said corporation, that the seal affixed to the foregoing instrument is said common seal, and the name of the corporation was subscribed thereto by the said Vice President, and that the said Vice President and Assistant Secretary subscribed their names thereto, and said common seal was affixed, all by authority duly conferred, and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal, this the 12th day of December 1994 N tary Public pTARY =;`3': y coamrwsstor@eicpires D- LOW JLH NORTH CAROLNA, Wayne County t�i1a H. Just>_ce 'netotegoengcentGcate c of CVri Notar(y) (sw1) Pubhe)6re e:ertricd to be eorrcct Filed for registration at o'clock _�,[._M this �y of Dec. , 1 9 94 BY ��/AI.dJ•-nY O DEnORAH C.LANE Register of Deeds &epuy/Asststant egtster of Deeds 9 0 • Page t of 5 • 0 UAYNE COUNTY i1-1s-94 $2200.00 srnORTH RpUNA A Real Estate Excise Tax NORTH CAROLINA WAYNE COUNTY 30OK 1453PAGE 229 Drawn by or under the direction of Andrew H McDaniel, Attorney THIS DEED, made and entered into this 3.8thday of November , 1994, from JOSEPHINE SEARS WOODALL and husband, ROY P WOODALL, HELEN JOYCE P SEARS, widow, and SALLY ELIZABETH SEARS, single, GRANTORS, to CAROLINA POWER & LIGHT COMPANY, a North Carolina public service corporation, GRANTEE, WITNESSETH That GRANTORS, for and in consideration of the sum of TEN DOLLARS ($10 00) and other valuable consideration, receipt of which is hereby duly acknowledged, have bargained and sold, and by these presents do grant, bargain, sell, and convey unto GRANTEE, its successors and assigns, the following -described tract of land Lying and being in Brogden Township, Wayne County, North Carolina. BEGINNING at an iron pipe marking a northeastern corner of Wachovia Bank of North Carolina, N A., Trustee, et al., in the western property line of Carolina Power & Light Company (formerly Bright Leaf Western Saddle Club, Inc ,) and the center line of NCSR 1223, the location of said pipe having North Carolina Coordinates Y=589,610 89 and X=2,271,911 31; and runs thence along and with the northern property line of Wachovia Bank of North Carolina, N A , Trustee et al , and the center of a ditch South 73 degrees 52 minutes 55 seconds West 449 69 feet to a point, thence along and with the northeastern property line of Wachovia Bank of North Carolina, N A , Trustee, et al , the following courses and distances North 48 degrees 50 minutes 36 seconds West 14.85 feet to a concrete monument, North 48 degrees 50 minutes 24 seconds West 629.11 feet to a concrete monument, North 48 degrees 53 minutes 02 seconds West 530.23 feet to an iron stake, North 48 degrees 53 minutes 02 seconds West 1,098 76 feet to a concrete monument, North 48 degrees 54 minutes 08 seconds West 1,96129 feet to an iron pipe, and North 48 degrees 54 minutes 08 seconds West 760 75 feet to a concrete monument marking the northernmost corner of Wachovia Bank of rPage 2 of 5 3 0 0 K 1453PAGE 230 al , on the eastern bank of the Neuse River, the location of said monument having North Carolina Coordinates Y=592,770 40 and X=2,267,715 91, thence along and with the eastern and southeastern bank of the Neuse River the following courses and distances • North 01 degree 14 minutes 41 seconds West 64 49 feet to an iron pipe, North 07 degrees 04 minutes 59 seconds East 98 77 feet to an iron pipe, North 07 degrees 55 minutes 55 seconds West 236 74 feet to an iron pipe, North 13 degrees 26 minutes 06 seconds East 278 73 feet to an iron pipe, North 23 degrees 28 minutes 23 seconds East 183 04 feet to an iron pipe, North 27 degrees 47 minutes 02 seconds East 304 76 feet to an iron pipe, North 32 degrees 30 minutes 17 seconds East 199 31 feet to an iron pipe, North 32 degrees 22 minutes 56 seconds East 19295 feet to an iron pipe, North 43 degrees 10 minutes 18 seconds East 75 39 feet to an iron pipe, North 53 degrees 42 minutes 24 seconds East 445 80 feet to an iron pipe, North 40 degrees 47 minutes 46 seconds East 104 08 feet to an iron pipe and North 42 degrees 29 minutes 14 seconds East 97 48 feet to an iron pipe marking a western comer of Carolina Power & Light Company's Lee Steam Plant lands, thence along and with the southwestern property line of Carolina Power & Light Company's Lee Steam Plant lands South 57 degrees 22 minutes 22 seconds East 1,058 85 feet to an iron pipe marking the northernmost comer of Carolina Power & Light Company's Lee 230 KV substation land, the location of said pipe having North Carolina Coordinates Y=594,105 64 and X=2,269,620 67, thence along and with the northwestern property line of said substation land South 32 degrees 42 minutes 11 seconds West 982 42 feet to a concrete monument, thence along and with the southwestern property line of said substation land South 45 degrees 06 minutes 40 seconds East 849 85 feet to a concrete monument, thence along and with the southeaster property line of said substation land the following courses and distances, North 60 degrees 26 minutes 48 seconds East 578 36 feet to a concrete monument and North 32 degrees 42 minutes 33 seconds East 649 99 feet to a concrete monument marking the easternmost comer of said substation land, thence along and with the southwestern property line of said Lee Steam Plant lands South 57 degrees 30 minutes 23 seconds East 224 78 feet to • an iron pipe, thence along and with a western property line of said Lee Steam Plant lands South 04 degrees 57 minutes 13 seconds West 183 85 feet to an iron pipe located in the access road to said substation land, thence along and with a southwestern property line of said Lee Steam Plant lands the following courses and distances South 63 degrees 04 minutes 44 seconds East 501 26 feet to an iron pipe located within NCSR 1223 and South 48 degrees 52 minutes 21 seconds East 511 86 feet to an iron pipe located on the east side of NCSR 1223, thence along and with a southwestern and western property line of said Lee Steam Plant lands and the old 82-foot contour line the following courses and distances South 45 degrees 08 minutes 31 seconds East 539 63 feet to an iron pipe, South 37 degrees 27 minutes 13 seconds East 285 94 feet to an iron pipe, South 50 degrees 55 minutes 35 seconds West 125 38 feet to an iron pipe, South 50 degrees 44 minutes 38 seconds East 178 93 feet to an iron pipe, South 60 degrees 07 minutes 18 seconds East 153 47 feet to an iron pipe, South 28 degrees 02 minutes 55 seconds East 141 82 feet to an iron pipe, South 04 degrees 41 minutes 51 seconds East 149 23 feet to Page 3 of 5 BOOK 1453PAGE 23�1 an iron pipe, South 17 degrees 04 nunutes 41 seconds East 92.27 feet to an iron pipe, South 53 degrees 00 minutes 26 seconds East 195.92 feet to an iron pipe, South 13 degrees 08 minutes 52 seconds East 202 57 feet to an iron pipe, South 34 degrees 43 minutes 48 seconds East 191.59 feet to an iron pipe, South 13 degrees 09 minutes 15 seconds East 155.61 feet to an iron pipe, South 38 degrees 47 minutes 59 seconds East 103 42 feet to an iron pipe, South 21 degrees 37 minutes 48 seconds East 211.68 feet to an iron pipe, South 37 degrees 28 minutes 33 seconds East 111 57 feet to an iron pipe, South 13 degrees 18 minutes 28 seconds East 107 66 feet to an iron pipe, South 17 degrees 50 minutes 28 seconds East 76 33 feet to an iron pipe, South 26 degrees 39 minutes 39 seconds East 89.04 feet to an iron pipe, South 23 degrees 37 minutes 32 seconds West 86 74 feet to an iron pipe, South 61 degrees 06 minutes I2 seconds West 95.93 feet to an iron pipe, South 07 degrees 26 minutes 33 seconds East 59.16 feet to an iron pipe, South 40 degrees 31 minutes 16 seconds West 9105 feet to an iron pipe, South 37 degrees 24 minutes 40 seconds West 83 20 feet to an iron pipe, South 72 degrees 43 minutes 12 seconds West 64.95 feet to an iron pipe and South 21 degrees 52 minutes 44 seconds West 61 16 feet to an iron pipe, the location of said iron pipe having North Carolina Coordinates Y=589,762.09 and X=2,272,729 30, thence along and with a new line North 15 degrees 38 minutes 48 seconds West 1408 56 feet to an iron pipe, thence along and with a new line South 85 degrees 26 minutes 45 seconds West 740.50 feet to an iron pipe located in the eastern right of way edge of NCSR 1223, thence continuing along and with said new line South 85 degrees 26 minutes 45 seconds 30 01 feet to a point located in the center line of NCSR 1223, the location of said point having North Carolina Coordinates Y=591,057.28 and X=2,271,581 32, and thence along and with said center line of NCSR 1223 the following courses and distances. South 06 degrees 12 minutes 40 seconds East 77.56 feet to a point, South 08 degrees 50 minutes 22 seconds East 97.30 feet to a point, South 10 degrees 41 minutes 43 seconds East 98 70 feet to a point, South 12 degrees 54 minutes 54 seconds East 100 10 feet to a point, South 14 degrees 04 minutes 10 seconds East 890 55 feet to a point, South 14 degrees 09 minutes 58 seconds East 10100 feet to a point, South I2 degrees 26 minutes 18 seconds East 47 32 feet to an iron pipe marking the northwestern comer of Carolina Power & Light ® Company (formerly Bright Leaf Western Saddle Club, Inc), and South 11 degrees 38 minutes 50 seconds East 72 09 feet to the point of BEGINNING, containing 252 004 acres, more or less, as shown on Carolina Power & Light Company Drawing No. L-D- 8908 (dated February, 1994), and being a portion of the land described in the following deeds dated (1) November 25, 1933, from Mary H Humphrey, et al. to J W Sears, recorded in Book 221, page 482; (2) October 29, 1937, from E F Mitchell and wife, Lois Mitchell, to J W Sears and wife, Celeste Sears, recorded in Book 248. page 517, (3) October 11, 1938, for Lot 3 from G M. Darnck, et al, Commissioners, to J W Sears, recorded in Book 253, page 186, and (4) dated December 30, 1940, from Chloe Collins and husband, R R. Collins, to J. W. Sears and wife, Celeste Sears, recorded in Book 270, page 140, all Wayne County Registry, LESS AND EXCEPT the land described in- (a) deed dated March 15, 1950, from Celeste K. Sears, Trustee, et al , Carolina Power & 3 4of5 B 0 0 K1453PAGE 232 1950, from Celeste K Sears, Trustee, et at , Carolina Power & Light Company, recorded in Book 356, page 130; and (b) consent judgment dated April 5, 1982, from Charles W Sears, et at , to Carolina Power & Light Company, recorded in Book 1025, • page 707, both Wayne County Registry Said 252 004 acres bemg devised unto. (1) Josephine Sears Woodall by the Last Will and Testament of J. W Sears, dated May 8, 1941, and recorded in Will Book 8, page 26, and (2) Helen Joyce Sears and Sally Elizabeth Sears by the Estate of Charles William Sears filed in Estate File 88-E-146, both office of the Clerk of Court for Wayne County, North Carolina The above -described tract of land is subject to any road, highway, street, or utility easements of record TO HAVE AND TO HOLD, the above -described tract of land, together with all privileges and appurtenances thereunto belonging, to GRANTEE, its successors and assigns, in fee simple forever GRANTORS for themselves, their heirs, executors, and administrators do hereby covenant with GRANTEE, its successors and assigns, that they are seized of the above -described tract of land in fee and have the right to convey the same in fee simple, that the same is free and clear from all liens and encumbrances, and that they will warrant and forever defend the title thereto against the lawful claims of all persons whomsoever IN WITNESS WHEREOF, GRANTORS have hereunto set their hands and affixed their seats, • the day and year first above written 5 LJ Ord SEAL) INE SEARS WOODALL OSL / (SEAL) ROY P WOODALL (SEAL) ELENJ P SEARS I EAL) VLLY ZA TH SEARS 4 nj.wrae"sr„r.�vxa^� Page 5 of 5 NORTH CAROLINA BOOK 14 5 3 PAGE 233 WAYNE COUNTY I, u l a , SriSf tC� , a Notary Public within and for WAYNE County, North Carolina, do hereby certify that JOSEPHINE SEARS WOODALL, ROY P WOODALL, HELEN JOYCE P. SEARS, and SALLY ELIZABETH SEARS personally appeared before me this day and acknowledged the due execution of the foregoing DEED. . • � W}tnCs;,My hand and notanal seal, this J eWh day of NO Vr'/Y) Me z . 1994 NomgkNbh. . Iv�7PcifniinTis�s Qn�e>�pires: NORTH CAROLINA WAYNE COUNTY The foregoing certificate of Cynthia H. Justice a Notary Public is certified to be correct This DEED was filed for registration at i n • i F o'clock, a M , and recorded in this office in Book page Filed This 18thday of NnvPmhPr 11994 D-WOODAL JLH 0 5 Deborah C. Lane Register of s