SW3211203_Plansheet - Existing Conditions_Survey_20220223

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HASIy FEATURES V
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----S---- STORM SEWER P�B�`0, Z W O
Z o----G---- NATURAL GAS LINE 0�.� I Q Z U
MP o----SS---- SANITARY SEWER LINE C,O
� _----W---- WATER LINE
0 0 m m- SACKFLOW PREVENTER X 2
o 70 z WM - WATER METER U � � m
o ®- DROP INLET Z O O O
= O - SANITARY SEWER MAN HOLE U
CO - SANITARY SEWER CLEAN OUT
FLOOD INFORMATION
The area represented by this plat is not located in a flood
hazard boundary according to FEMA Map Number 3710548400J
dated October 16, 2008. Property is located in Zone X.
ZONING INFORMATION
Lease Area 1:
Zoned: RA-40 (Marshville)
Town of Marshville "Land Use Ordinance"
Front: 40'
updated May 8, 2014 (Marshville ETJ)
Rear: 40'
Front: 50'
Side: 15'
Rear: 50'
Side: 50'
Lease Area 2 & Lease Area 2A:
Zoned: RA-40 (Union County)
Front: 40'
Rear: 40'
Side: 15'
Note:
Per Special Use Permit issued March 12, 2015 and designated SU-15-01 and recorded at Book 6399,
Page 759, applicant must comply with all zoning regulations (setbacks, screens and tree save areas).
SCHEDULE B - SECT/ON // EXCEPTIONS
Schedule "B" Exceptions Based on Title Policy 34 306 15-04049CH by Chicago Title Insurance Company,
Dated September 2, 2015
1. Taxes or assessments for the year 2015, and subsequent years, due and payable, but not yet delinquent.
2. The following matters disclosed by survey entitled "ALTA/ACSM Survey for Cypress Creek Renewables" by
Herbert H. Proctor, Jr., P.L.S., of Stewart -Proctor, PLLC, dated March 11, 2015, last revised July 31, 2015
(the "Survey"):
Lease Area One.
(a) Rights of others in and to the use of the ditch
(b) 15' and 40' building setback lines
Lease Area Two:
(c) encroachment of fence
(d) 15' and 40' building setback lines
(e) rights of others entitled thereto in and to the continuous and uninterrupted flow of the waters in the
stream.
Lease Area 2A:
(f) encroachment of fence and gravel drive
(g) CMP
(h) utility pole
(i)15' building setback lines
3. Terms and provisions of the lease by and between Bonnie G. Stewart ("Landlord") and BG Stewart Solar
Farm, LLC, a North Carolina limited liability company ("Tenant"), a memorandum of which is recorded in
Book 6407, page 531; amended and restated in Book 6522, Page 9. (As to Lease Area 1 only)
4. Terms and provisions of the lease by and between Jose A. Sanchez-Beristain and wife, Elisa
Beristain-Leon and Bladimir Sanchez-Beristain and wife, Ernestina Beristain -Colorado ("Landlord") and BG
Stewart Solar Farm, LLC, a North Carolina limited liability company ("Tenant"), a memorandum of which is
recorded in Book 6406, page 406; amended and restated in Book 6522, Page 16. (As to Lease Area 2 and
2A only)
5. Terms, conditions, obligations and rights of others entitled thereto in and to Deed of Easement for
Access by and between Bonnie G. Stewart and Frances Gregory Stewart recorded in Book 3351, page 181
and as shown on the Survey prepared by Herbert H. Proctor, Jr., dated March 11, 2015, last revised July
31, 2015 and designated Job No. DWG No. CCR-BG-Stewart.
6. Deed of Trust from Bonnie G. Stewart, unmarried and Ida Griffin, unmarried to PBRE, Inc., Trustee for
American Community Bank, filed for record in Book 5175, page 316, securing $100,000.00. (As to Lease
Area 1 only)
7. Easement(s) to Duke Power Company recorded in Book 86, Page 451. (As to Lease Area 2 and 2A only)
8. Deed of Trust from Jose A. Sanchez-Beristain and wife, Elisa Beristain-Leon and Bladimir
Sanchez-Beristain and wife, Ernestina Beristain -Colorado to Douglas F. Sutherland, Trustee for American
Community Bank, filed for record in Book 4113, page 5, securing $450,000.00, as assigned by
Assignment of Deed of Trust recorded in Book 5955, page 147, as further assigned by Assignment of
Deed of Trust recorded in Book 5955, page 152, as affected by Note and Mortgage Modification and
Extension Agreement recorded in Book 6266, page 820. (As to Lease Area 2 and 2A only)
9. Easement(s) set forth in Deed recorded in Book 3161 at Page 3 and re -recorded in Book 3188 at Page
612 and as shown on the Survey prepared by Herbert H. Proctor, Jr., dated March 11, 2015, last revised
July 31, 2015 and designated Job No. DWG No. CCR-BG-Stewart.
10. Permit recorded in Book 6399, Page 759.
11. Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing filed
for record in Book 6461, Page 555.
12. Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing filed
for record in Book 6461, Page 576.
13. Terms and conditions of any easements that would benefit and be appurtenant to the leasehold estate,
as set forth in the lease, to the extent the same constitute insurable interest in real estate.
14. Terms and conditions of, rights of others in and to, matters of survey, and liens and encumbrances on
the easements contained in Schedule A that arise from easement rights and appurtenant rights of the
Landlord.
15. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, performed
by, through, with, or at the direction of the Insured or its affiliates, or furnished or performed under
contracts by through, or with the Insured or its affiliates
LINE DATA CHART
LINE
BEARING
DISTANCE
L l
N 21 `59 28" E
346. 13'
L2
N 22' 15'43" E
167.61 '
L3
N 38`01 '36" E
146.02'
L4
N 56'23'O1 " W
41. 16'
LS
IS 69`3658" E
147,65'
L6
S 86`30'40" E
87.77'
L7
S 68°0538" E
63.27'
L8
S 30`37'19" E
33.58'
L9
S 43°28'02" W
7.85'
L 10
S 46`31 '58" E
45.80'
L 11
S 43`28'02" W
7.85'
L12
S 43°28'02" W
48.71'
L 13
S 64`5435" E
113.38'
L 14
S 44°37'08" E
14.48'
L 15
S 30`56'50" E
15.10'
L 16
S 06`24 25" E
15.27'
L 17
IS 06°02 25" W
13.04'
L 18
S 15`23 24 " W
61.13'
L 19
S 23° 16'51 " E
9.95'
L20
S 71 `32'05" E
8.83'
L21
S 74`4724" E
47.60'
L22
N 87'54'09" E
11.92'
L23
N 59'24' 14 " E
9.78'
CURVE DATA CHART
CURVE
ARC LENGTH
RADIUS
I DELTA ANGLE
CHORD BEARING
CHORD LENGTH
C1
63.03'
38.19'
94`3343"
N 25`08'19" W
56.12'
C2
161.23'
275.89'
33'2859"
N 89'40'38" E
158.94'
C3
81.68'
52. 00'
90'00'00"
N 01'31'58" W
73.54'
PAVED
NCGS ' WINGATE (1988) "
N. 451294.1762
F E.• 1573895. J758
CONCRETE DRIVEWAY
✓O TO HOUSE
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(Not4\ E lOB \ 00ogT9iti
to Sco e) ' - �923' \ c o� FT9C
ERB / P.O.B. FOR PARCEL 1 & 2
CONTROL CORNER
N.C. GRID COORDS. (NAD 83)
N = 447,706.0447 FEET
E = 1,583,883.3897 FEET
COMBINED GRID FACTOR = 0.999860045
BG STEWART SOLAR FARM, LLC /
"LEASE AREA 2A"
0.25 AC±/10921 SF±
40' BUILDING SETBACK
Y
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JOSE SANCHEZ-BERISTAIN ET. AL.
PIN:02180012B
D.B. 4113, PG. 03
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BG STEWART SOLAR FARM11111 , LLC
11
® "LEASE AREA 2" v
15.11 AC±/658195 SF± 1
INTERMITTENT STREAM
FLAGS
SA 1 THRU 23
EIS N 78'48'15" E
78.58'
�- S�gACK
40' BUILDING S 78.52'18" `N 771.96•
N/F
BARRY WILSON MILLS
PIN:02180001
D.B. 0, PG. 0
ZONED: RA-40
30' WIDE INGRESS
EGRESS EASEMENT
D.B. 3161, PG. 003
D.B. 3188, PG. 612
D.B. 3351, PG. 181
N
POINT O
N 21'59'28" E
"143.38'
P.O.B.
EIP
ST20'23" W
238.86'
41 �oP /
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LEASE AREA DESCRIPTIONS
Lease Area 1
Lying and being situated in Union County, North Carolina and being more
particularly described as follows:
Being that certain parcel of land in Marshville Township, Union County,
North Carolina and lying South of Old Highway 74, West of property owned
by Bonnie G. Stewart, and East of property owned by Travis Brooks and
being more particularly described as follows:
Beginning at an existing rebar control corner which is the common
9 9 9 ( )�
corner of property owned by Bonnie G. Stewart, and Jose
Sanchez- Beristain ET. AL., Said corner having N. C. Grid Coordinates (NAD
83) of North = 447,706.0447 feet and East = 1,583,883.3897 feet;
thence South 56' 23' 01 " East 41.16 feet to a point; thence South 20'
07' 58" West 236.11 feet to a point; thence South 69' 36' 58" East
147.65 feet to a point; thence along a curve to the left with a radius of
275.89 feet, length of 161.23 feet, a delta angle of 3S 28' 59", a chord
bearing and distance of North 89' 40' 38" East 158.94 feet to a point;
thence South 86' 30' 40" East 87.77 feet to a point; thence South 68'
05' 38" East 63.27 feet to a point; South 39 37' 19" East 33.58 feet to
a point; thence South 27' 13' 06" West 153.15 feet to a point; thence
South 42' 36' 24" East 218.94 feet to a point; thence North 47' 23' 36"
East 161.31 feet to a point; thence South 46' 31' 58" East 119.30 feet
to a point; thence North 43' 28' 02" East 7.85 feet to a point; thence
South 46' 31' 58" East 45.80 feet to a point; thence South 43' 28' 02"
West 7.85 feet to a point; thence along a curve to the right with a radius
of 52.00 feet, length of 81.68 feet, a delta angle of 90' 00' 00", a
chord bearing and distance of South 01' 31' 58' East 73.54 feet to a
point; thence South 43' 28' 02" West 48.71 feet to a point; thence South
11* 04' 01 " West 90.36 feet to a point; thence South 61' 48' 38" West
599.47 feet to an existing rebar; thence South 82' 20' 23" West 238.86
feet to an existing iron pipe; thence South 09 04' 13" West 768.54 feet
to an existing iron pipe; thence South 78' 52' 18" West 771.96 feet to an
existing iron pipe; thence North 21' 59' 28" East 2,248.25 feet to the
point of beginning and containing 26.64 acres or 1,160,285 square feet
more or less.
Together with that certain thirty foot (30') easement described in Deed
recorded in Book 3161, page 3, Union County Registry and re -recorded in
Book 3188, Page 612.
Together with, and including, (i) the non-exclusive right to use all of the
Landlord's easement rights and rights appurtenant to the Property where
reasonably necessary for the Tenant's conduct of its business on the
Premises; (ii) an easement for light, solar energy resources, ingress,
egress, and utility access over, under and across the Property as
reasonably necessary for the Tenant's conduct of its business on the
N/F Premises; and (iii) all other easements and rights set forth in the Lease.
BONNIE G. STEWART
F
PIN:02180009C
/
D.B. 4083, PG. 426
/
INECTION
/
END OF
\
30' WIDE INGRESS
/
EGRESS EASEMENT
D.B. 3161, PG. 003
\
D.B. 3188, PG. 612
D.B. 3351, PG. 181
/
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BONNIE G. STEWART
PIN: 02180013
\
D.B. 4083, PG. 430
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119.30' \
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N/F
NANCY HOUGH
PIN:021800015
D.B. 1022, PG. 597
rk
599
S
NOTES
1. The purpose of this survey is to show the as -built construction within the limits of a Solar Lease
Area which is located upon the following properties:
Lease Area 1
A portion of Deed Book 4083 Page 428
Tax Parcel 02180012C
Lease Area 2 & Lease Area 2A
A portion of Deed Book 4113, Page 003
Tax Parcel 02180012
2. The record owners are:
Lease Area 1: Bonnie G. Stewart
Lease Area 2 & Lease Area 2A: Jose A. Sanchez-Beristain, et al
3. Source of Title:
Lease Area 1: Deed Book 3287, Page 386; Deed Book 3539, Page 162
Lease Area 2 & Lease Area 2A: Deed Book 3687, Page 218; Deed Book 3687, Page 226
4. Areas of Solar Lease Lots:
Lease Area 1: 26.64 Acres±/1160285 SF±
Lease Area 2: 15.11 Acres±/658195 SF±
Lease Area 2A: 0.25 Acres±/10921 SF±
5. The current street addresses for subject properties are 1504 & 1514 Old Hwy. 74, Marshville, North
Carolina 28103.
6. Properties are located in Marshville Township, Union County, North Carolina.
7. BG Stewart Solar Lease Site has direct access to Old Hwy. 74 via a 30' access easement.
8. The area of this property was determined by coordinate computation.
9. Any underground utilities shown on this plat were plotted from information given to me by others.
10. The reference bearing for this drawing is based upon the North Carolina State Plane Coordinate
System, Nod 83/2011.
11. Wetland areas (as determined by others) are shown hereon per information supplied by the client.
This surveyor cannot certify as to the accuracy or completeness of wetlands marked by others.
12. All distances shown are horizontal ground distances.
13. At the time of this survey, there was no evidence found of any cemeteries or burial grounds.
14. At the time of this survey, earth moving activity and construction was being performed.
15. At the time of this survey, the undersigned surveyor was not aware of any changes in street
right-of-way lines, other than those shown hereon.
16. At the time of this survey, there was no evidence of site use as a solid waste dump, sump
or sanitary landfill.
17. Any underground improvements shown are based upon surface evidence only. This surveyor will not
certify or assume liability for the presence and/or location of buried or non -visible improvements.
28. This survey is intended only for the named party or parties as shown hereon, no warranties are
hereby implied or granted to any other party for any purpose.
Lease Area 2
Lying and being situated in Union County, North Carolina and being more
particularly described as follows: Being that certain parcel of land in Marshville
Township, Union County, North Carolina and lying South of Old Highway 74, West
of property owned by Bonnie G. Stewart, and East of property owned by Travis
Brooks and being more particularly described as follows:
Beginning at a point in the common line of Parcel 1 and Parcel 2, said point
being South 21' 59' 28" West 489.50 feet from an existing rebar (control
corner), which is the common corner of property owned by Bonnie G. Stewart,
and Jose Sanchez-Beristain ET. AL., Said corner having N. C. Grid Coordinates
(NAD 83) of North = 447,706.0447 feet and East = 1,583,883.3897 feet;
thence South 21' 59' 28" West 1,758.74 feet to an existing iron pipe; thence
South 78' 48' 15" West 78.58 feet to an existing rebar; thence North 00' 18'
22" East 1,412.64 feet to an existing rebar; thence North 52' 58' 47" East
682.37 feet to a point; thence South 64' 54' 35" East 113.38 feet to a point;
thence South 44' 37' 08" East 14.48 feet to a point; thence South 39 56'
50" East 15.10 feet to a point; thence South 06' 24' 25" East 15.27 feet to a
point; thence South OF 02' 25" West 13.04 feet to a point; thence South 15'
23' 24" West 61.13 feet to a point; thence South 23' 16' 51" East 9.95 feet
to a point; thence South 71' 32' 05" East 8.83 feet to a point; thence South
74' 47' 24" East 47.60 feet to a point; thence North 87' 54' 09" East 11.92
feet to a point; thence North 59' 24' 14" East 9.78 feet to the point of
beginning and containing 15.11 acres or 658,195 square feet more or less.
Together with that Easement for Access by and between Bonnie G. Stewart and
Frances Gregory Stewart recorded in Book 3351, Page 181.
Together with, and including, (i) the non-exclusive right to use all of the
Landlord's easement rights and rights appurtenant to the Property where
reasonably necessary for the Tenant's conduct of its business on the Premises;
(ii) an easement for light, solar energy resources, ingress, egress, and utility
access over, under and across the Property as reasonably necessary for the
Tenant's conduct of its business on the Premises; and (iii) all other easements
and rights set forth in the Lease.
Lease Area 2A
Lying and being situated in Union County, North Carolina and being more
particularly described as follows:
Being that certain parcel of land in Marshville Township, Union County, North
Carolina and lying South of Old Highway 74, West of property owned by Bonnie
G. Stewart, and East of property owned by Travis Brooks and being more
particularly described as follows:
Beginning at an existing rebar (control corner), which is the common corner of
property owned by Bonnie G. Stewart, and Jose Sanchez- Beristain ET. AL., Said
corner having N. C. Grid Coordinates (NAD 83) of North = 447,706.0447 feet
and East = 1,583,883.3897 feet; thence South 21' 59' 28" West 346.12 feet to
a point; thence along a curve to the right with a radius of 38.19 feet, length of
63.03 feet, a delta angle of 94' 33' 43", a chord bearing and distance of North
26 08' 19" West 56.12 feet to a point; thence North 22' 15' 43" East 167.61
feet to a point; thence North 38' 01' 36" East 146.02 feet to the beginning and
containing 0.25 acres or 10,921 square feet more or less.
Together with that Easement for Access by and between Bonnie G. Stewart and
Frances Gregory Stewart recorded in Book 3351, Page 181.
Together with, and including, (i) the non-exclusive right to use all of the
Landlord's easement rights and rights appurtenant to the Property where
reasonably necessary for the Tenant's conduct of its business on the Premises;
(ii) an easement for light, solar energy resources, ingress, egress, and utility
access over, under and across the Property as reasonably necessary for the
Tenant's conduct of its business on the Premises; and (iii) all other easements
and rights set forth in the Lease.
1, Stephen M. Barrow, certify that this map
was drawn under my supervision from an actual GPS (or GNSS)
survey made under my supervision and the following
information was used to perform the survey:
Class of survey: Class A
Positional accuracy: 0.017(m) RMS
Type of GPS (or GNSS) field procedure: RTK
Dote(s) of survey: October 2015
Datum/Epoch: NAD_83(2011)
Geoid model: GEOID 12A
Combined grid factor: 0.99987861
Units: US Survey Feet
Horizontal positions are referenced to NAD83\NSRS (2011)
SURVEYOR'S CERTIFICATION
Certified to:
BG Stewart Solar Farm, LLC, a North Carolina limited liability
company, its successors and/or assigns; Firstar Development, LLC.,
it's successors and/or assigns; Cypress Creek Fund 2 Investor,
LLC, a North Carolina limited liability company; Red Stone
Renewable Energy Fund, LLC, a North Carolina limited liability
company; Entropy Solar Integrators, LLC. a North Carolina limited
liability company; Moore & Van Allen PLLC and Chicago Title
Insurance Company; Wilmington Trust, National Association, in its
capacity as Collateral Agent, its successors and/or assigns as their
interests may appear.
This is to certify that this map or plat and the survey on which
it is based were made in accordance with the 2011 Minimum Standard
Detail Requirements for ALTA/ACSM Land Title Surveys, jointly
established and adopted by ALTA and NSPS, and includes Items
1,2,3,4,6(a),6(b),7(a),7(b1 ),7(c),8,9,1 0(a),1 1(b)*,13,14,16,17,18,19,20(a),21($1,000,000),
23 and 24 of Table A thereof; and that this map meets the requirements
of The Standards of Practice for Surveying in North Carolina (21 NCAC 56.1600).
The field work was completed in September 2015.
The ratio of precision of this survey as calculated is 1:10,000+
* item 1 1(b) limited to visible surface evidence of underground
utilities, including utilty markings (by others)
STEPHEN M. BARROW
Surveyor's Printed Name
Surveyor's Signature
L-2997
License Number
NOVEMBER 03, 2015
Date of Map
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