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HomeMy WebLinkAbout20170958 Ver 2_AsheWWTP_GooseCrExceptionRequest_063023_20230702DocuSign Envelope ID: 7FF9E860-2BOD-4773-9A20-E3B34F4F609F Inver Environmental Consulting, LLC inver105 W 41h St, Suite 700, Winston-Salem NC 27101 June 30, 2023 Ms. Sue Homewood NC Division of Water Resources Winston-Salem Regional Office Delivered via On-line Submittal Portal www.inverenv.com (336) 946-1269/(919) 606-1065 RE: Request for Authorization Certificate with Exception from Goose Creek Watershed Rules Ashe Plantation WWTP Mint Hill Mecklenburg County, North Carolina Dear Ms. Homewood; The purpose of this application is to request issuance of an Authorization Certificate with Exception pursuant to 15A NCAC 02B .0606 for the above referenced project. This letter provides additional information referenced in the attached Variance Application Form. Also enclosed is supporting documentation for the application including NC Division of Mitigation Services Mitigation Acceptance, Agent Authorization, Figures, Site Plan, and Deed Information. We are requesting a Minor Exception to the Goose Creek Watershed Rules as the total buffer impact is less than 1/3 acre. (B) (1) Project Description The Ashe Plantation Wastewater Treatment Plant (WWTP) is located adjacent to Duck Creek near Mint Hill NC (Figures 1-3). The WWTP was constructed in the 1980s to serve the Ashe Plantation Neighborhood. The package WWTP was operated by Aqua North Carolina Inc. until 2016, when Charlotte Water acquired the plant and took over the operation and maintenance on the primary 2.3 acre parcel (Figure 4 — Parcel 3). The WWTP is a 100,000 gallon per day (GPD) tertiary extended aeration package plant. The plant has been in operation for approximately 34 years and exhibits signs of significant corrosion and wear. When deficiencies in the WWTP were identified, Charlotte Water immediately began the process of designing a new package WWTP. In order to protect Duck Creek and downstream waters in the event of a failure at the plant in the interim, emergency installation of two 21,000 gallon frac tanks on the site along with associated staging and parking area was performed. The parking and staging area allow for the maintenance and evacuation of the frac tanks in the event of a plant failure. This emergency measure was authorized via temporary buffer impact (DWR# 17-0958) to allow for immediate action to prevent water quality issues in Duck Creek, with the intent to provide a formal permanent solution once design of a WWTP upgrade was completed. At that time approximately 9,200 square feet of temporary buffer impact was approved until such time as the WWTP expansion design could be completed and implemented. DocuSign Envelope ID: 7FF9E860-2BOD-4773-9A20-E3B34F4F609F Ashe Plantation WWTP Buffer Exception June 30, 2023 The current application is the proposed permanent solution to the capacity issues at the WWTP. This includes expansion of the plant (2023 buffer impacts) and conversion of the temporary impacts for the tanks and parking/staging area (2018 buffer impacts) to permanent. The proposed Phase II upgrades include replacing the existing packaged WWTP with a new 100,000 GPD WWTP including flow equalization basin, extended aeration basin, circular mechanical clarifiers, aerobic digestor, and a new 2,500 gallon double -walled chemical storage tank. The expansion includes 1582 square feet of new impervious area within the buffer as shown in Figure 6. The existing frac tanks are required to protect Duck Creek and downstream waters in the event of a failure at the plant and to manage storm flow during high intensity wet weather events by diverting flow to the frac tanks. The parking and staging area will continue to be used for maintenance vehicles and evacuation of the frac tanks. The proposed expansion area has been reviewed for the presence of streams and wetlands under the jurisdiction of the Clean Water Act (CWA). No potential CWA resources were found within the area. A small intermittent stream feature is present just north of the WWTP expansion area (Figure 5) but will not be impacted by the project. Activity adjacent to the stream is required to reroute the existing sewer outfall around the proposed plant expansion (Figure 6). This intermittent feature is not shown on USGS or NRCS mapping (Figures 2 and 3), and its watershed is less than 30 acres. (D) Stormwater The proposed project will maintain diffuse flow through the existing riparian buffer along Duck Creek. Concentrated stormwater discharge outlets will not be created by the proposed WWTP expansion. The existing drainage pattern sheet flows stormwater through the forested buffer ranging from 75 to 150 feet before it enters Duck Creek. The proposed WWTP expansion area is upgradient of the existing WWTP and only partially within the 200-ft riparian buffer (Figure 6). It encompasses approximately 1582 square feet of additional impervious area within the buffer. Demonstration of Need for Exception Since the Variance Application Form was created prior to the Exceptions being in place, the following is being provided in place of section E (Demonstration of Need for Variance) and adapted specifically to the criteria established in 15A NCAC 02B .0606 (c) (1) for Authorization Certificate with Exception. (A) There are practical difficulties or unnecessary hardships that prevent compliance with the riparian buffer protection requirements. The existing WWTP, installed prior to the implementation of the Goose Creek buffer rules, cannot be relocated as the existing sewer infrastructure draining to the WWTP is in place. The WWTP was in a state of disrepair when taken over by Charlotte Water, and therefore has to be improved in order to continue to function and prevent unregulated discharges into surface waters. DocuSign Envelope ID: 7FF9E860-2BOD-4773-9A20-E3B34F4F609F Ashe Plantation WWTP Buffer Exception 3 June 30, 2023 (e) If the applicant complies with the provisions of the riparian buffer requirements, he or she can secure no reasonable return from, nor make reasonable use of, his or her property. Merely proving that the Authorization Certificate with Exception would allow a greater profit from the property shall not be considered adequate justification for an Authorization Certificate with Exception. Moreover, the Authority shall consider whether the Authorization Certificate with Exception is the minimum possible deviation from the terms of the riparian buffer requirements that will make reasonable use of the property possible. Charlotte Water took over the existing WWTP in order to alleviate issues at the WWTP and provide continued wastewater service while eliminating the potential for discharges into Duck Creek. Upgrades of the existing WWTP are required along with the additional area needed to operate and maintain the facility. The proposed 2023 plant upgrade is designed to be primarily upgradient of the existing WWTP and no closer to Duck Creek. The existing 2018 buffer impacts associated with the frac tanks and staging/parking area cannot be located outside the buffer as the tanks need to be located beside the wet well where wastewater can be diverted. As mentioned above, the gravel parking and turnaround area is required to access and drain the frac tanks in emergencies and to provide access and staging for continued operation and maintenance of the WWTP. (C) The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography. The property is located in a bend in Duck Creek and its associated floodplain. The property already contains the existing WWTP and the sewer infrastructure draining to it. No other location is available for the WWTP as the existing infrastructure would also have to be relocated. (D) The applicant did not cause the hardship. Charlotte Water took over the operation and maintenance of the existing WWTP in order to alleviate issues and prevent future discharges. The expansion of the WWTP is required to accomplish this and was not caused by the City. (E) The requested Authorization Certificate with Exception is consistent with the general spirit, purpose, and intent of the State's riparian buffer protection requirements, will protect water quality, will secure public safety and welfare, and will preserve substantial justice. The purpose of this project is to provide a permanent solution to the deficiencies at the existing WWTP and prevent future overflows and discharges of untreated wastewater. This would improve water quality in Duck Creek and downstream waters, or at least prevent degradation of water quality and detrimental effects on the aquatic resources downstream. We would appreciate your consideration of this information during the review of this application and look forward to your favorable review of this project. Please contact me at your convenience if you have any questions or require further information. DocuSign Envelope ID: 7FF9E860-2BOD-4773-9A20-E3B34F4F609F Ashe Plantation WWTP Buffer Exception June 30, 2023 Sincerely, Inver Environmental Consulting, LLC DocuSigned by: PLUr EA265839ADE54E4... Philip May Senior Consultant/Managing Member Cc: Justin Webster, P.E., Charlotte Water David Wolf, P.E., Highfill Infrastructure Engineering Attachment List: - Attachment 1: Variance Application - Attachment 2: Agent Authorization - Attachment 3: Mitigation Letter - Attachment 4: Figures (see below) - Attachment 5: Site Plan - Attachment 6: Deeds Figures - Figure 1— Project Vicinity - Figure 2 — USGS Map - Figure 3 — NRCS Soil Survey - Figure 4 — Parcels - Figure 5 — Resources - Figure 6 — Buffer Impacts 4 DocuSign Envelope ID: 74540D4B-4B23-45AB-9BF8-3E27061A0733 DWR Iivision of Water Resources State of North Carolina Department of Environment and Natural Resources Division of Water Resources 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Protection and Maintenance of Riparian Areas Rules - Variance Application FORM: VAR 10-2013 PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES: ❑ Neuse River Basin (15A NCAC 02B.0233) ❑ Major Variance ❑ Minor Variance ❑ Catawba River Basin (15A NCAC 02B.0243) ❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.0250) ❑ Major Variance ❑ Minor Variance ❑ Tar -Pamlico River Basin (15A NCAC 02B.0259) ❑ Major Variance ❑ Minor Variance ❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 02B.0267) ❑ Major Variance ❑ Minor Variance X Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 02B.0607) A. General Information 1. Applicant's Information(if other than the current property owner): Name: Charlotte Water —Justin Webster. P.E. Title: Senior Protect Manager Street Address: 5100 Brookshire Blvd City, State & Zip: Charlotte NC 28216 Telephone: (704) 336-7600 Email: austin.webster@charlottenc.gov 2. Property Owner/Signing Official (person legally responsible for the property and its compliance): Name: Citv of Charlotte - Joseph C Wilson. P.E. Title: Chief Engineer Street Address: 5100 Brookshirt Blvd City, State & Zip: Charlotte NC 28216 Telephone: (704) 336-1083 Email: carl.wilson@charlottenc.gov FORM: VAR 10-2013 DocuSign Envelope ID: 74540D4B-4B23-45AB-9BF8-3E27061A0733 3. Agent Information: 3a. Name: Philip May Company Affiliation: Inver Environmental Consulting, LLC Street Address: 105 West 41" Street, Suite 700 City, State & Zip: Winston-Salem NC 27101 Telephone: E-mail: Philm@inverenv.com 3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner. 4. Project Name (Subdivision, facility, or establishment name): Ashe Plantation Wastewater Treatment Plant 5. Project Location: 5a. Street Address: 8634 Quarters Lane City, State & Zip: Mint Hill NC 28227 5b. County: Mecklenburg 5c. Site Coordinates (in decimal degrees): 35.1777922 Latitude-80.5924709 Longitude 5d. Attach an 8'Y, x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site. 5e. Attach an 8'Y, x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. 6. Property Information: 6a. Property identification number (parcel ID): See Figure 4 (Parcels 1-3) 6b. Date property was purchased: See Figure 4 6c. Deed book See Fig 4 and page number See Fig 4 6d. Map book See Fig 4 and page number See Fig 4 6e. Attach a copy of the recorded map that indicates when the lot was last platted. 7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)? ❑ YES X NO 7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)? N/A 7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC? _N/A FORM: VAR 10-2013 Page 2 of 6 DocuSign Envelope ID: 74540D4B-4B23-45AB-9BF8-3E27061A0733 8. Directions to site from nearest major intersection: See attached Vicinity Map (Figure 1). From 1-485 Exit 44, take Fairview Road east for approx. 1.75 miles and turn left onto Ashlev Glen Drive. Take the first left onto Hanging Moss Trail and first right onto Quarters Lane. Site is at the end of Quarters Lane down gravel drive. 9. Stream associated with riparian buffer to be impacted by the proposed activity: Name Water Quality Classification Duck Creek (Stream Index 13-17-18-3) C 9a. For Goose Creek only: Is the buffer in the 100-year floodplain? X YES ❑ NO 10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases). Date Applied: Date Received: Permit Type: 12/14/2021 8/2/2017 8/17/2017 2/15/2023 4/18/2023 B. Proposed Activity NPDES Permit NCO065749 Renewal DWR 17-0958 Buffer Authorization NCDEQ-DWR Authorization to Construct Phase II 1. Project Description 1a. Provide a detailed description of the proposed activity including its purpose: See cover letter 1b. Attach a site plan showing the following items as applicable to the project: 0 Development/Project name 0 Revision number & date 0 North arrow 0 Scale (1" = 50' is preferred) 0 Property/project boundary with dimensions 0 Adjacent streets and roads labeled with names and/or NC State Road numbers 0 Original contours and proposed contours 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Mean high water line (if applicable) 0 Wetlands delineated, or a note on plans that none exist 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries 0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable 0 Location and dimension of the proposed buffer impact (label the area of buffer impact in ftz on the plan) FORM: VAR 10-2013 Page 3 of 6 DocuSign Envelope ID: 74540D4B-4B23-45AB-9BF8-3E27061A0733 0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems 0 Footprint of any proposed buildings or other structures 0 Discharge points of gutters on existing structures and proposed buildings 0 Existing drainage (including off -site), drainage easements, and pipe dimensions 0 Drainage areas delineated C. Proposed Impacts and Mitigation 1. Individually list the square footage of each proposed impact to the protected riparian buffers: Buffer Impact Number'— Permanent (P) or Temporary (T) Reason for Impact Buffer Mitigation Required Zone 1 Impact (square feet) Zone 2 Impact (square feet) B1 - ®P ❑ T WWTP Expansion X Yes ❑ No 9,809 N/A B2 - ®P ❑ T WWTP Expansion X Yes ❑ No 3,066 N/A B3 -❑P ❑T ❑ Yes ❑No Total Buffer Impacts 12,875 'Label on site plan 2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate the amount of mitigation required. Required Zone Total Impact Multiplier Mitigation (square feet) (square feet) Zone 1' 3 12,875 (2 for Catawba only) 38,625 Zone 2 1.5 Total Buffer Mitigation Required: 38,625 'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1 and use Zone 1 multiplier. 3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable river basin/watershed. Mitigation will be provided via in -lieu fee payment to the NC Division of Mitigation Services 3a. Is buffer restoration or enhancement proposed? ❑ Yes X No If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the protected riparian buffers, and a plan sheet showing the proposed location of the plantings. 3b. Is payment into a buffer restoration fund proposed? X Yes ❑ No If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement Program stating they have the mitigation credits available for the mitigation requested. FORM: VAR 10-2013 Page 4 of 6 DocuSign Envelope ID: 74540D4B-4B23-45AB-9BF8-3E27061A0733 D. Stormwater 1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.). The site currently sheet flows into the surrounding upland forested buffer. No concentrated discharge of stormwater will be created by the proposed WWTP expansion. A minor increase in disturbed area will continue to sheet flow through the buffer. 1a. Show the location of diffuse flow measure(s) on your site plan. 1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed measure. 1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP. 2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater. No BMPs are proposed. The current expansion will occur away from the buffer. Therefore the existing buffer will be retained and its water aualitv functions maintained. 2a. Show the location of BMPs on your site plan. 2b. Attach a Supplement Form for each structural BMP proposed. 2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed. E. Demonstration of Need for a Variance The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian buffer protection. 1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible. See cover letter FORM: VAR 10-2013 Page 5 of 6 DocuSign Envelope ID: 74540D4B-4B23-45AB-9BF8-3E27061A0733 2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed restrictions or other hardships (e.g. zoning setbacks, floodplains, etc). See cover letter 3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different from that of neighboring property. See cover letter 4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule. See cover letter 5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request a variance? See cover letter 6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread. See cover letter F. Deed Restrictions By your signature in Section G of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded drainage easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. G. Applicant's Certification I, Joseph C. Wilson (print or type name of person listed in Section A, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Section F of this form will be recorded with all required permit conditions. DocUsignea by: Fur Signature: Enzsss39noEsaE4_ for Joseph C Wilson 6/30/2023 Date FORM: VAR 10-2013 Page 6 of 6 Inver Environmental Consulting, LLC www.inverenv.com i n) Cer 105 W 4th St, Suite 700, Winston-Salem NC 27101 (336) 946-1269/(919) 606-1065 RIGHT OF ENTRY & AGENT AUTHORIZATION To Whom it May Concern: This letter is documentation that Inver Environmental Consulting, LLC has authority granted by the City of Charlotte to act as their authorized representative in communication with federal and state agencies as it related to Clean Water Act jurisdiction and North Carolina state buffer regulations, including submission of jurisdictional determination requests and permit applications, for the following properties: Property Information: Address: 8634 Quarters Lane, Mint Hill NC 28227 Owner: City of Charlotte PIN: 1971-7307; 197173201, 19717318 Size: 3.44 acres I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Signature: Name: Title: Chief Engineer Date: 0 ('e Z 74,0Z, ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Carl Wilson Charlotte -Mecklenburg Utilities 5100 Brookshire Blvd Charlotte, NC 28216 Project: Ashe Plantation WWTP NORTH CAROLINA Environmental Quality June 28, 2023 Expiration of Acceptance: 12/28/2023 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued buffer approval within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Yadkin 03040105- Goose Creek Riparian Buffer Up to 12,875 @ 3:1 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, FOR James B. Stanfill Deputy Director cc: Phil May, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 h(h�TH :.AROI iRA IV o �nmmmenni w�a 919,707,8976 n, AlllkGraph, iecknc, State of Nort Carolina ROT, ieoTechnologies, Inc, ETI/NASA, 1Y / / Creek more CAI Or Olde Sycamore / I Golf Plantation / �oq Creek Dr \� f r j 46 a, —III // /' i ■n CW 1 Figure 1: Vicinity MapAshe Plantation WWTPfi S 0 1,000 2,000 Mint Hill NC 06/15/23 Feet Charlotte Water | w / A .~�. `~ -- /'^ ^ ` -- -- ~~ ~ - ' e- / ~- D�^ | ^' " � P1ant2UZ3 Figuma2: USGS Map Yr Ashe P|antationWWTP A Plant " Mint Hill ��� � o ��� ��� -es Conservab-Tr t, 3DEP Elev2� � � 4 � c ti GeI32 lop eD A, r zge mo 1 GeD2 GoD Go God Barn �1rnf3 Op m-xR !in er W�E 11VVVN Plant 2023 Figure 3: NRCS Soil Survey Ashe Plantation WWTP SII C Plant 2018 0 300 600 Feet C Plant 1986 Mint Hill NC Charlotte Water 06/15/23 NC CGIA, Mt2r, Microsoft P40 NIP j zzisziro „ Jpa �. € & o NVId 3115 a350d021d zzisoiz'� � _� i z s 2 a 8 ON 'Ili" 1Niw waa M3�a a3�,o ao. xos rvaa m3,aa ;.ao mn�3a aoxoo, cz/so/zo ,° _ - o tl3i'M 310�21tlHJ pJ aU U Q '" ^""'°��d` i � 2=w � � = 530'di19df1 II 30Hd =d1MM N011'd1NVld 3H5'd 5 0-4 elf fit jol ti ,'I a III I I+ 00 a � CIA. w _ iii I � ��o< y,, --r��i tan Qo tp AS -- -- — L�'3, it Iw nit GAO 3�I.�� n i pit / / •/` —.— 4IVj�l` 90z B32513 - P636 FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburg County NC 2018 MAR 08 12:22:14 PM BK:32513 PG:636-638 ,t. FEE: $26.00 4uo, EXCISE TRAX: $$154.00 'V��+ INSTRUMENT # 2018027057 TAYLORD I1�11IBIII1II1!1I111I11111IIIP�II11 18027057 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: \ 5 4 W Parcel Identifier No. 197-173-07 Verified by County on the day of 20_ B y: Mail/Box to: KIMBERLY E. FOX PLLC 19826 North Cove Rd Ste E Cornelius NC 28031. This instrument was prepared by: KIMBERLY E. FOX, PLLC. 19826 North Cove Rd. Ste E. Cornelius, NC 28031 Brief description for the Index: LOT 90, ASH (aka ASHE) PLANTATION, PHASE II THIS DEED made this 8th day of March , 2018 , by and between GRANTOR TIMOTHY M. ASHMEN and spouse, MEGHAN R. ASHMEN 9005 Tenby Lane Matthews, NC 28104 GRANTEE CITY OF CHARLOTTE Mailing Address: CtU ►Ze,\ u�zion (,600 FaS S, - Chrar 1u �Ae 0L 216a6c` 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, parcel of land or condominium unit situated in the City of Mint Hill , Township, MECKLENBURG County, North Carolina and more particularly described as follows: BEING all of Lot 90 on map entitled "Ash" (also Ashe) Plantation, Phase ii, Map Book 22, Page 134, being a revision of Map Book 22, Page 61, Mecklenburg County Public Registry; and as more particularly shown on Exhibit "A", page 1 and 2. The property hereinabove described was acquired by Grantor by instrument recorded in Book page All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book Page 1 of 2 NC Bar Association Form No. 3 0 1976, Revised 01977, 2002, 2013 Printed by Agreement with the NC Bar Association — 1981 page This standard form has been approved by: North Carolina Bar Association — NC Bar Form No. 3 3 B32513 - P637 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to easements, restrictions and rights of way of record and the lien of ad valorem taxes for the current year which the Grantee hereby assumes and agrees to pay. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (Entity Name) 0 Print/Type Name & Title: L�� N *44, — (SEAL) Print/Type Name: TIMOTHY M. ASHMEN SEAL Prin ype Name: MEGHAN R. ASHMEN By: (SEAL) Print/Type Name & Title: Print/Type Name: By: (SEAL) Print/Type Name & Title: Print/Type Name: State of North Carolina - County or City of MECKLENBURG I, the undersigned Notary Public of the County or City of MECKLENBURG and State aforesaid, certify that TIMOTHY M. ASHMEN and spouse. MEGHAN R. ASHMEN 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 stamp or seal this 8th day of March , 20 18 . 11 ENOTARY NA B WRIGHT ��' PUBLIC L My Commission Expires:%�J —�2�ENBURG, NC nc� (Affix Seal) Expires August 24, 20 tary's Printed or Typed Name State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that _he is the of , a North Carolina or corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _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 , 20_. My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of - County or City of I, the undersigned Notary Public of the County or City of Witness my hand and Notarial stamp or seal, this day of My Commission Expires: (Affix Seal) NC Bar Association Form No. 3 © 1976, Revised © t/1/2010 Printed by Agreement with the NC Bar Association and State aforesaid, certify that 17� Notary Public Notary's Printed or Typed Name B32513 - P638 Physical Survey jExVb1-('A Lot 90, Ashe Plantation Subdivision, Phase II, Map 2 OFa Town of Mint Hill, Mecklenburg County, North Carolina Deed Book 31515 Page 881, Map Book 22 Page 134 PID:19717307 PREPARED FOR ----------- City of —Charlotte ------------------------ Legend CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE LIP -Existing Iron Pipe C1 50.00' 48.8' 46.43' N 36'28'40" E 55'19'47" SIR - Set Iron Rod o rode F EMN - Existing MAG Nail N/F City of Charlotte & of R/W - Right -of -Way Aqua North Carolina, Inc. MB - Map Book DD830O13 PPG345O DB -Deed Book ER#4 ��2y MB 22 PG 61 I PG - Page PID's:197-173-18 & \!, NTS - Not to Scale 197-173-18E S 'e PID - Parcel Identification Number 16g _ _ — \ �7• Top of Bank Duck Creek Cl - Catch Inlet WM - Water Meter CO -Sewer Cleanout 7 h o\ RO III -Property Line S 4�yss \ 7No R' — - - —-Adjoiner Line 1 f Set Point 6 — — — — -Easements EIR#5 v \ \''' — -Setbacks 1 xoy EIR#4 14.93' \'�...... y b Timothy M. Ashmen & a Meghon R. Ashmen P DB 31515 PG 881 Lot 90 11' MB 22 PG 134 Nry 7r. PID: 197-173-07 / 0.1 \ c Area:O.908t acres Zone "AE" \\ ` Minimum Finished Floor Elevation \ try \ is 595.5' per MS 22 PG 61 p Community Floodline \ ,^� Shaded Zone "X' "I certify that this map was drawn under N/F iJ l Lot Vacant at Time of Survey Future Conditions my supervision from an actual survey Susan A. Vaughn 1 10 made under my supervision (deed DB 21570 PG 881 description recorded in Book SEE MAP or Lot 89 other reference source SEE MAP); that Me 22 PG 134 \ 4O'Minimum Building Line the boundaries not surveyed are indicated PID:197-173-06 \ per-, MB 22_ PC 134 as drawn from information in Book SEE MAP or other reference source SEE MAP; \ that the ratio of precision or positional N/F accuracy is 1:10000+; and that this map \ Benjamin Allen & meets the requirements of The Standards 1649 Allen 3 of Practice for Land Surveying in North \ t DB 1649 PG 408 Carolina (21 NCAC 56.1600)." This 21st Lot 91 & 92 day of December, 2017. S 17-04'02" E SIR#5 C EIR#4 Me 22 PG 61 43.64'(tie line) .-, PID:197-173-09 to _ _ Q, rian E. Clark L-4622 _� 17 EIR#4 I � C ARa�, , Back of Curb i 4,;�FESSfaN.,�f� SMN h Edge of Pavement sQ i q .9� . \\\ SEAL - L-4622 _ Qual t S IS,pq" 1 '^4. yz Notes: Aer ''�``A�.b "rJ `NO SURNE'y'' 1. Deed Reference(s) - 08 31515 PG 881. MB 22 PG 134. t7g �IIc R ah@ # 2. Tax Parcel ID - 197-173-07 \ '2 3. Current Owner -Timothy M. Ashmen & Meghon R. Ashmen A$b�e nIi1j1} 4. All bearings are based on NAD83/NSRS 2011. 5. All distances are shown horizontal. 6. Area - 0.9083 Acres yy _ 7. Areas have been determined by coordinate +■■+�� _' computation. Silver B. Iron pins (#5 Reber) or other monumentation (as shown) Maple Ln. found or set at all property comers. Qr 9. Zoning - Mint Hill Q 10. This property may be subject to additional easements, 1S�i21 rights of way, utilities, covenants and restrictions that may be of record. ''o Xsite 11. This property is not located in a special Flood Hazard Area as determined by the Federal Management Emergency Agency. Reference Community Panel o Number:37O539 5522 L Effective Date: February 19th, 2014, y Flood Lines shown were scaled from Mecklenburg County GIS. .� 12. This survey was performed without benefit of a Title 'o, or Commitment Report. Southeast Geomotics Group, Inc. does a tr e d� not claim that all matters of record which may affect {- x the subject property ore shown hereon. �\ 13. Lots are subject to oil Zoning Ordinances of the Town of Mint Hill. Builder/Owners must verify that the lot is in compliance with all county and/or any home owner's Vicinity Ma - NTS association regulations, prior to any construction Y P or land disturbance. ir Southeast w Geomatics b Group Inc. sn 0 .To 120 PO Box 2431 Indian Trail, North Carolina 28079 Scale 1"=60' (704)951-7436 C-3445 Revised: Drawn By:BEC CHK By: Date: 10.01.2017 `,_0109 ___ .. PS,11 7018 B32513 - P638A F—:- -0-v'l, "+ „/8 ' - 2 o F a Lot 90 Parcel Description A tract or parcel of land lying and being in the Town of Mint Hill, Mecklenburg County, North Carolina and more particularly described as follows: Commencing at an existing #4 rebar, the northwest property corner of Lot 89 as recorded in Map Book 22 Page 134, in the Mecklenburg County Public Registry, said point also being in the right-of-way of Quarters Lane a 50' foot public right-of-way; THENCE South 17 degrees 04 minutes 02 seconds East for a horizontal distance of 43.64' feet to a set #5 rebar, said point being the southwest property corner of Lot 89 and the northwest property corner of Lot 90 on the aforementioned Map Book & Page, the point and PLACE OF BEGINNING; THENCE leaving the right-of-way of Quarters Lane along the common lot line of Lot 89 & Lot 90, South 81 degrees 14 minutes 57 seconds East for a horizontal distance of 219.22' feet to an existing #5 rebar, said point being the southeast property corner of Lot 89 and also being along the western property line of City of Charlotte & Aqua North Carolina, Inc. as recorded in Deed Book 30613 Page 341; THENCE along the western property line of the City of Charlotte's property, South 04 degrees 50 minutes 25 seconds West for a horizontal distance of 161.69' feet to an existing #4 rebar, said point being an angle point of Lot 90; THENCE along the southern property line of Lot 90, South 71 degrees 26 minutes 01 seconds West for a horizontal distance of 140.14' feet to a point, said point being inside the top of bank of Duck Creek and also being the southeast property corner of Lot 91 & Lot 92 as recorded in Map Book 22 Page 61; THENCE leaving the bank of Duck Creek along the eastern property line of Lot 91 & Lot 92, North 25 degrees 51 minutes 30 seconds West passing an existing#4 rebar at 14.93' feet, for a total distance of 224.19' feet to a point, said point being in the right-of-way of Quarters Lane; THENCE along the right- of-way of Quarters Lane a curve to the left having a radius of 50.00' feet and an arc length of 48.28' feet and being subtended by a Chord Bearing of North 36 degrees 28 minutes 40 seconds East and Chord Distance of 46.43' feet to the point and PLACE OF BEGINNING, containing 0.908 acres, more or less. bi v8I2ot ��°oFESs%y�9�'+ a SEAL r; L-4622 nc- ; yOS .�C) ��.• N. <05 Page 1 of 1 B37542 - P 430 For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2022 Aug 01 11:58 AM RE Excise Tax: $ 120.00 Book: 37542 Page: 430 - 433 Fee: $ 26.00 Instrument Number: 2022111545 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $120.00 Parcel Identifier No. Part of 197-173-06 Verified by By: — ---- — County on the day of , 20_ Mail/Box to: Ckezepis Law, PLLC, 16745 Birkdale Commons Parkway, #C, Huntersville, NC 28078 This instrument was prepared by: Ckezepis Law, PLLC, 16745 Birkdale Commons Parkway, #C, Huntersville, NC 28078 Brief description for the Index: Part of Lot 89, ASHE PLANTATION THIS DEED made this 24th day of February, 2022, by and between GRANTOR GRANTEE Anthony William Simera and Ashley Marie Simera (FKA City of Charlotte, a North Carolina Municipal Corporation Ashley Marie Jennings), a married couple 600 East Fourth Street 8636 Quarters Lane Charlotte, NC 28202 Mitt Hill, NC 28227 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation ar— ap rtnershi 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, parcel of land or condominium unit situated in the City of Mint Hill, Mecklenburg County, North Carolina and more particularly described as follows: That certain real property behW 0.197 acres and labeled "SIf "LE FEE AREA" as depicted in the Survey Map attached in Exhibit B hereto and descrtW by mates and bounds in Exhibit A hereto. A portion of the address Being More Commonly Known as 8636 Quarters Lane, Mint Hill, NC 28227 Part of Parcel ID # 197-173-06 submitted electronically by "Ckezepis Law, PLLC' in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Mecklenburg County Register of Deeds. NC Bar Association Form No. 3 C Revised 7/ 2013 North Carolina Bar Association - NC Bar Form No. 3 Printed by Agreement with the NC Bar Association North Carolina Association of Realtors, Inc. - Standard Form 3 B37542 - P 431 The property hereinabove described was acquired by Grantor by instrument recorded in Book 33383 page 73. All or a portion of the property herein conveyed _ includes or does not include the primary residence of a Grantor. A trap showing the above described property is recorded in Plat Book 22 page 134. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions; EASEMENTS AND RESTRICTIONS OF RECORD IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (SIGNATURE) Anthony William Si era M� �- - (SIGNATURE) Ashley Marie S,kMtIM State of North Carolina — County of M Ma #f"QVQ toem 1, the undersigned Notary Public of the County an State aforesaid, certify that Antham William Simera and Ashley —Marie jffi&La.�srsonally appeared before me this day and acknowledged the due execution of the foregoing in nt for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of , 20 2 Z My Commission Expires: - ;0 0,• 0 ;ry PtS1$1` `v` �., JUNE I'f IIIII h 1111 P,IN4p Notary NC Bar Association Form No. 3 0 1976, Revised C P112010, 2013 Printed by Agreement with the NC Bar Association This standard form has been approved by: North Carolina Bar Association - NC Bir Form No. 3 B37542 - P 432 Exhibit "A" Starting at an Existing Iron Pin at the terminus of Quarters Lane and being a property corner between lots 89 and 90 of Ashe Plantation Phase II as shown in Map Book 22 Page 134 in the Mecklenburg County Register of deeds, said Iron Pin also being the center of an existing 15' Sanitary Sewer R/W and access to an Existing Sanitary Sewer Treatment Plant and having NAD 83/2011 Coordinates of N-523452.767, E-1523938.157, thence 5-81*12'32"-E,181.05' to a New Iron Pin set in the existing property line dividing Lots 89 and 90 aforementioned, being the Point of Beginning. Thence from the beginning, a new line N4*48'08"-E, 230.26', passing through an existing 15' Sanitary Sewer Easement, as shown on a map recorded Map Book 22 Page134 Mecklenburg County Register of Deeds, to a New Iron Pin set in the property line between Lot 89 and Lot 158 said property line shown on Map Book 23, Page 57, and Map Book 22, Page 134 Mecklenburg County Register of Deeds, thence with the property line between Lots 89 and 158 aforementioned, S-66*13'59"-E, 40.18'to an Existing Iron Pin, the corner for Lot 158 aforementioned, and the Existing Treatment Plant Site as shown on Map Book 22, Page 61 Mecklenburg County Register of Deeds, thence with the property line of the Treatment Plant Site, passing through an existing 15'Sanitary Sewer Easement recorded Mecklenburg County Register of Deeds Map Book 22, Page 134, S4*48'08"-W, 219.86'to an Existing iron Pin in the center of the 15' Sanitary Sewer R/W and access to the Existing Sewer Treatment Plant Site, thence with the Property Line between Lots 89 and 90 as aforementioned, N-81*12'32"-W, 38.09' to the Point of Beginning, containing 8,574.41sq. ft, or 0.20 acre, all as shown on the attached plat entitled: Survey for City of Charlotte (Charlotte Water). Property of Anthony W Simera & Ashley M Jennings prepared by Geo. Lyle Pace Jr. dated 9/21/21 B37542 - P 433 EXHIBIT B [PeF.fdall COT lie l.IGN ! kOi —..1vil6lgq / P711111 OEEC BK 2171 N9 MIR BK M P W I yql[ pEPn]P]ION Px III 4 N 6'A weiryCRF HONES ++C j mm, SISIEYS w MI Ism VO 22 Po 134 30513 PG 4 l \al5j� I -r'T� •B91i159'E x9.E91 L w .nm1 �4iJ_ TE �LEJ � {3861399 Ep1fP2 Ilk LOT d5 PW 19nt]Op Kf'f.4 J 9fR1EZ NP/ , .VNMI M. PP='}IAp gEFD 9f STJ 1 F MhP 9N 91154 y CMM JCIlCCK RN � Ig1.26� CJ/AICRS IPME ('A' PJBIIC RfPQ � MI�E gl•Pr „K. f0/OP Tr,. 2mm I (tW: Sw-IA# 31 I18 �ff n ,F�Ie]13 LqA� PIO 9n Y3P3 /� AvtNgeY W, 89ERP Peu 110E 9tEx M. k]RInG3 � I' Cltt ]F W MIA qC6 CK 21J P IJI YAF BiS K P f' OEK M 1]353 B)] MAP BK 22 P I>♦ !g (Od] ACRCS - P[iplMWl ! Q ' EUS. 15' �S RSMI I®221Po 114 rj6 h6 ]oa ! M v31 P L 52�x52txi _ 'xIP% IEIP 19339no, fIEl4x5fT I'•. LOT ]0 Plq/ i9iti3M LiN UP ,:ail�^TIE (xBllx'.9YM 3hC91= NM BS/T➢n M3 lSTT5 PEE. WL !-sfl] P x]e NPP Bx 1t P'3l 7 E 1 I 1 1524'SaM] - e VIGIMIN MAP LECENZ L fEC Lye Pocs Wfi 1mL Ino- um im vwr. rer TY � rmlriwwl, ndn �N�aMbar. � GH Pei wreeF��moe�de mrlw Y O �nlro-. bax.etl n tran hrl 3Honmon PR WIN NEJ MW ; ��i Y M1� N�9 kdO aR kol WN 1 ea .orx�'++F xPi cs l3aGr,a ,,,,e,ax.m�nrmr uNn n ie a yawn Neer �x 7aM a 43iE1�' paaf5 tl -Jdlek wn} _ dnm ]Nrn I J� AM.W sbbdekn ewaly �a qE - I FIL gAF9CCi NF N1PmfM'A fFge0. 2 FFlx fO1PM1f0 BY tr1MCviR Y.lK6 1co xREi: M - 190 rt 1iA6 =C PciE 1 XN 9ptl Is m'FY sk.¢i-k'aiLr. g�yg5 lOiAL NIEA'. 6.51 Rj oµ PA uiY LF VbLCi Po u49MN. R.iei Rp,'NNLnx: 19-i,21 O.GI USfw 0! M0EslC Rtt Y P➢M.MD FCC0IMFL-AREi !6i!al 6iN NWF iiE r'lE [qu1MW� APeFOD _r2x x9M BY ?Y a R) =iE:1'Ktr 4e" CHARLOTTE WATER �� CHARLOTCE. NORTH CAROLENA Cil� dCIwIriIB �CTablle NSYry x.k rx R,OW-M of +.m. _,��_ ,nllnryw 5'mcrad PSN ey M. J:nnlrgs i • • P4 abPs.9 o:� Q� THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. B30613 - P431 1-8 3, Excise Tax: JR920ff JFODay! Granberry REGISTER OF DEEDS Mecklenburg County NC 2016 FEB 23 12:26:16 PM BK:30613gPG:431-438 EXCISEETAX: g2 INSTRUMENT # 2/16019829 PHETSL 2016019829 Parcel Identifier Nos. 197-163-23. 197-172-51. 197-172-52. 197-173-18; 195-051-76. 195-056-48• 195-181-99; 195-171-47 (8 lots fee simple); and 195-081-53 (easement only) After recording mail to: Grantee This Instrument was prepared by: The Carson Law Firm, PLLC (VDW) - without title examination Brief description for the Index 9 tracts (well and pump station lots) NORTH CAROLINA SPECIAL WARRANTY DEED This Deed made this 23rd day of February, 2016 by and between GRANTOR GRANTEE AQUA NORTH CAROLINA, INC. CITY OF CHARLOTTE 202 Mackenan Ct. 600 East Fourth Street Cary, NC 27511 Charlotte, NC 28202 Enter in appropriate block for each party: name, 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. 1 US2008 5789407 1 B30613 - P432 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, that certain lot or parcel of land situated in the County of Mecklenburg, State of North Carolina, and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Grantor also does hereby grant, bargain, sell and convey unto Grantee all easement right, ownership, and interests of any kind of Grantor, for the ownership, operation, maintenance, repair, replacement and construction of water and/or wastewater utility systems in the Ashe Plantation, Cheval, Farmwood East, Oxford Glen and Chacewater subdivisions in Mecklenburg County, North Carolina in connection with the conveyances herein, whether the easement right, ownership or interest of Grantor was acquired by express reservation, by implication, by necessity, by estoppel, by dedication or by prescription. The property herein conveyed does not include the primary residence of a Grantor. 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 Grantor covenants with 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, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Taxes and assessments for the year 2016 and subsequent years not yet due and payable. 2. All easements, restrictions, rights -of -way, and other matters of record. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 2 US2008 5789407 1 B30613 - P433 IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed, the day and year first above written. GRANTOR: AQUA NOY41-1 CAROLINA, IN J. RobAs, President STATE OF NORTH CAROLINA COUNTY OF � Q "') aL a I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Thomas J. Roberts, President. Notary Pu lic ```\a\\��Nw�� Print Name: [Official Se p 1, % a N �s My commission expires: `LQ OT �c0�M1Y 3 US2008 5789407 1 B30613 - P434 EXHIBIT A LEGAL DESCRIPTION 0 US2008 5789407 1 B30613 - P435 EXHIBIT A TRACT 1: PIN 197-172-51 ASHE PLANTATION SUBDIVISION All that certain parcel of land in Clear Creek Township, Mecklenburg County, North Carolina and more particularly described as follows: BEING all of Community Well Site number 2 as shown on the map of ASHE PLANTATION, Phase II, recorded in Map Book 22 at Page 60 in the Mecklenburg County Registry. BEING ALL PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 5622, PAGE 265, MECKENBURG COUNTY REGISTRY; ALSO A PORTION OF THE PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 10592, PAGE 450. TRACT 2: PIN 197-172-52 ASHE PLANTATION SUBDIVISION All that certain parcel of land in Clear Creek Township, Mecklenburg County, North Carolina and more particularly described as follows: BEING all of Community Well Site number 3 as shown on the map of ASHE PLANTATION, Phase II, recorded in Map Book 22 at Page 60 in the Mecklenburg County Registry. BEING ALL PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 5622, PAGE 265, MECKENBURG COUNTY REGISTRY; ALSO A PORTION OF THE PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 10592, PAGE 450. TRACT 3: PIN 197-163-23 ASHE PLANTATION SUBDIVISION All that certain parcel of land situated in Clear Creak Township, Mecklenburg County, Being that certain circular parcel of land, having a radius of 100 feet, and being shown as "COMHEMITY 4TELL SITE NO. 1" on the map recorded in-iU*p Book 21 at page 983 in the Mecklenburg County Registry,.and being bounded on the east by Lot 24 in the subdivision known as Ashe,Plantation, Phase I, as shown on the leap recorded in Map Book 21 at page 983 and bounded on'the west by Lot 25 in the subdivision known as Ashe plantation, Phase I, as shown oh _ the map recorded in Map Book 21 at page 983 in the Mecklenburg County -Registry. B30613 - P436 BEING ALL PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 5593, PAGE 608, MECKENBURG COUNTY REGISTRY; ALSO A PORTION OF THE PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 10592, PAGE 450. Tract 4: PIN 197-173-18 ASHE PLANTATION SUBDIVISION All that certain parcel of land situated in Clear Creak Township, Mecklenburg County, North Carolina and more particularly described as follows: That certain parcel of land shows and designated •as - "Treatment plant Site" on the map of Ash* Plantation, Phase IT, leap Two, recorded in Clap `Hook 22 at page 61 in the Mocklenburg County Registry, being more particularly described as follows: Beginaiag at the point marking th4 southeast*rlymost rear corndr' of Lot go in Ash* Plantation, phase 11, flap TWO, as shown on the ;nap recorded in clap Hook 22 at page 61 in the Mecklenburg County Registry, and running thence from said beginning point with one of the rear lines of said Lot 90 and with one of the rear lines '�-- of the ad joining Lot 91 North 7 degrees 37 minutes 31 seconds Bast 341.53 feet to a point marking the northeasteclysost rear corner of said Lot 89; thence North 54 degrees 9 minutes 38 seconds East 294.95 feet to a point; thence South 27 degrees 5 a1zintes 11 seconds East 170 feet to a point; thence South 53 degrees 1 minute 35 seconds West 110.64 feet to a point; thence • South IS degrees 11 minutes 15 seconds West 178.39 foot to a point; thence South 40 degrees 22 minutes 6 seconds hest 165 feet to a point; thence South 74 degrees 18 minutes 8 seconds West 130 feet to the point and place of beg inning . BEING ALL PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 5622, PAGE 566, MECKENBURG COUNTY REGISTRY; ALSO A PORTION OF THE PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 10592, PAGE 450. TRACT 5: PIN 195-051-76 All of that certain 0.153 acre tract designated as "Pump Station Lot" in inset "C" as shown on map recorded in Map Book 54, Page 233 in the Mecklenburg County Public Registry. BEING A PORTION OF THE PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 27945, PAGE 485, MECKENBURG COUNTY REGISTRY. TRACT 6: PIN 195-056-48 All of that certain 0.040 acre tract designated as "Well Lot" in inset "B" as shown on map recorded in Map Book 54, Page 233 in the Mecklenburg County Public Registry. 1330613 - P437 BEING A PORTION OF THE PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 27945, PAGE 485, MECKENBURG COUNTY REGISTRY. TRACT 7: PIN 195-171-47 OXFORD GLEN/REIGATE SUBDIVISION All that certain parcel of land located in Mecklenburg County, North Carolina and more particularly described as follows: Gi'!! IXC,,at an 2ron 1 f1m, tlit So4ithesotsramost corner of Lot:? of MJM Su d viirion as sbown in X4 3ook 21 pagi 354 of tlir 'Kectj s t omty Public Reglatr*€ t1moco R. 61-14-36 Y. 1t2.S9 foot toi ass iioa "p1gj thence W. %4-547r W. 133.60: feet to :a iroa pia'; the common corner of, Lot 6'*f 0XVW CLEM;'wee coetinoing W. 16-54-36 V. 140.71 feet to on iron pin;. tfw*e M. 21-0-24E. 69.00 feet to as from -pit; thence W. S'9-�13--24 It.. $6.31 feet to ram ire * pimI thence $. 65-59-55 S. 47.0 test •to a point; _thence B. 16- 54-36 E.. 430.98 feet to a point; ttr ace S. 25-13-M 9. 136.51 feet to a p6iikt; twee S. of-06-m Z. ".59 feet to a point in 00000 cromkj thence continuing Witu Crack S. t7- "- 22 t . 57.99 feet to a padre to 4a*** Creek; tie W. 50-02-03 W# 68.00 feet to a point; tlbemee W. 10-21-1* R. 236.14 feet to a- point; tbafte. 11, 61-14-36 eft. 90.00 feet to the palest so pawn of 140MINap containing 2.391 *ere* oc4or4ing to a survey dated Uptoebeer 51 106, by Rick 1611s, Ragistrreil Surveyor. BEING ALL THE PROPERTY CONVEYED BY INSTRUMENT RECORED IN BOOK 5311, PAGE 957, MECKLENBURG COUNTY REGISTRY; ALSO A PORTION OF THE PROPERTY CONVEYED BY INSTRUMENT IN BOOK 10592, PAGE 450, MECKLENBURG COUNTY. B30613 - P438 TRACT 8: PIN 195-181-99 FARMWOOD EAST SUBDIVISION 69GION119G at a point on the dividing line'between the property of N6E .Development Co., lot. and Bimks Mitesey Grading..Compaay, Inc.; said point being . the'ternious'of the fourth call .io that cert6in iseed.from Crbe6n Eugene l'uatIn� et.ai.� to"". Development Co.j Inc.p duly recorded in. the Mecklenburg Public Registry on Se#te0er 15, 1968 and said point,AIS6 being located S 69-13-30W 1,064.67 feet from the dortheirnmost•corner in i.avyers Road of the. property of lCaaks 1�asseg ,Grading C . puny,- lns .; ._and running thence from said Daginuing point with said dividing line N 64-34-05 it 190.95 feet -to a point; thence N 13-51-29 K 104.71 feet to a point; thence N 23-27-13 E 74.83'feet to a pointt thence M 68-06-09 S 355.29 feet to a point;'thence 8 82-46-41 E. 50.05 feet to a. point; thence S 54-50-34 8 60.27 feet to a point; thence S 15-51-18 8 110.0"feet to a point on another dividing line between the property of N&E, De.velopaent Co., tuc. and'Banks Kassey Grading Company, Inc.; thence with said dividing tine S 57-35-27 H 324.60 , feet to the point and place bf Beginning, containing 2.267 acres together with a-15' access easement from the above described property to the easterly right -of -slay line of a proposed street, the center line of said access easement being more particularly described as followas Beginning at a paint wtiich is' located N 84-34-65 H 190.95 feet; thence N 13-51-29 V 104.71 feet; thence N 23-27-13 6 33.16 feet from the Beginning point of the 2.267 acre tract described above; and -running thence M 59-53-33 R 194.70 feet, sii as shown on boiasdary survey of Hollow Oak Estate's Well Sites, dated June 29, 1988 pre- pared by Rug'h E. White, Jr„ 1t.C.R.L:S. BEING ALL OF THE PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 5875, PAGE 717, MECKLENBURG COUNTY REGISTRY; ALSO A PORTION OF THE PROPERTY CONVEYED BY INSTRUMENT RECORDED IN BOOK 10592, PAGE 450, MECKLENBURG COUNTY. TRACT 9: PIN 195-081-53 Chasewater Easement: All the easement rights conveyed to Grantor's predecessor in interest, Heater Utilities, Inc. d/b/a Aqua North Carolina by the Deed of Easement recorded in Book 23720, Page 366, Mecklenburg County Registry which instrument is incorporated herein by reference.