September 16, 2016

Information about Lake Crabtree and Surrounding Areas

Documents:

1. Enabling Legislation

2. Property Purchase Deeds of Lake Crabtree Park and surrounding area into 4 governing bodies

(1761/25, 1171/404,2054/313,2070/69,2138/643,2416/433,2489/689,3295/80)

3. Memorandum of Agreement (B2738, P859)

4. Deed of Easement (B2767, P430)

5. Lake Crabtree Lease with FATS/TORC Parcel Lease Amendments

6. Grant Assurances

7. 1999 Federal Register Policy and Procedures Concerning the Use of Airport Revenue (as

highlighted by Dr. Spooner on 9/1/16)

8. 2009 Airport Compliance Manual, Chapter 17 Self-Sustainability

1. Enabling Legislation

a. First passed in 1939, amended multiple times, most recently in 1998

b. Formed the Raleigh-Durham Airport Authority Board as a group with equal representation of

Durham and Wake Counties and the Cities of Raleigh and Durham

c. Authorizes the Authority Board "to control, lease, maintain, improve, operate, and regulate

the joint airport or landing field. It shall have complete authority over any airport or landing

field jointly acquired by the several governmental bodies represented on said board"

No taxing authority

2. Property Purchase Deeds

a. Parcels in and surrounding Lake Crabtree Park purchased in the 1960s and 1970s from various

parties

b. Purchased with Authority funds

c. Titled to the 4 governing bodies (Wake County, Durham County, City of Raleigh, City of

Durham)

3. Memorandum of Agreement

a. Signed in 1979 in preparation (a condition precedent) to the Lake Crabtree Project

b. Addresses FAA compatibility concerns

c. Among other things, an acknowledgment that Lake Crabtree's recreational uses won't

interfere and will be compatible with the "development and operation of Raleigh-Durham

Airport at all times" and that "Wake County shall limit recreational development of the

watershed properties to only those uses which do not have the potential for restricting future

development, operation and maintenance of the airport" by following specific guidelines

d. Has a "Statement of Compatibility" and a promise that Wake County will provide certifications

of the agreement if required for federal or state approval of proposed airport development,

operation and/or maintenance plans

4. Deed of Easement

a. Signed in 1979 by the Authority and the 4 governing bodies

b. Grantee is Wake County

c. A perpetual easement for the purposes of construction, operation and maintenance of a

watershed improvement project

September 16, 2016

d. References the requirement that any recreational facility will comply with the MOU

5. Lake Crabtree Lease

a. Signed in 1985 for a 40 year term for 33 acres (expires June 30, 2025 if not renewed) to be

used for Lake Crabtree Park

b. Included Wake County's construction of a water line, the Authority's use of the water line to

serve the Airport, and a perpetual easement for the water line

c. References MOU

d. Amended in 1994 (and consecutively 4 additional times) to add an additional parcel (148

acres) for use by the FATS Mountain Bike Club (now TORC) for mountain biking and hiking

trails; additional portion renews for 1 year terms; Amendment references MOU

e. Terminable by either party with 45 days notice

6. Grant Assurances

a. 39 promises made to the federal government in order to receive federal grants

b. As an airport sponsor, each of the 4 governing bodies signs these grant assurances for each

airport grant

c. Grant Assurance 24 requires that the Authority charge fees and rentals that will make the

airport as self-sustaining as possible

d. Grant Assurance 25 requires that all airport revenue be spent on capital or operating costs of

the airport that are directly and substantially related to the actual air transportation of

passengers or property or for off-airport noise mitigation purposes

7. 1999 Federal Register Policy and Procedures Concerning the Use of Airport Revenue

a. Highlighted Section on pages 7710-7711

i. Summarizes comments made by airports and airlines regarding the ability to use

property for community purposes at less than FMV

1. Airport trade organizations asked for more flexibility to be able to use airport

property for community and charitable purposes

2. Airline trade organizations asked that airports have less flexibility in using

airport property or community and charitable purposes

ii. Announced the Final Policy

1. Only property that is not potentially capable of producing substantial income

and not needed for aeronautical use can be considered for community or

charitable purposes { \ 2. If community use is permitted, it should not prelude reuse of the property for

L airport purposes

iii. Says that the lease of property to an airport sponsor for community use must meet

the requirement that it does not have revenue-producing potential

b. Highlighted section on pages 7720 and 7721

Restates the self-sustaining statutory requirement

ii. Airports can make property available for community purposes at less than FMV if:

1. It enhances public acceptance of the airport

2. Property is put to general a public use desired by the community

3. The public use doesn't adversely affect the airport

September 16, 2016

c. Remainder of section on page 7721

i. Continues the requirements for making property available for community purposes

at less than FMV:

1. Property involved must not be expected to produce more than de minimus

revenue

2. Property is not expected to be need for airport use in the foreseeable future

3. Community use does not preclude its reuse for airport purposes

4. Airport revenue cannot be used to support operating costs associated with

the community use

8. 2009 Airport Compliance Manual, Chapter 17

a. Page 17-5, Item 17.15

i. Restates the 1999 requirements, including the requirement that property used for

community purposes at less than FMV must have minimal revenue potential

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IIENJRANDUH OF AGRI:EMENT BETWEEN

IlNCE COUNTY, IIORTH CAROLINA AND

'l'IIE RALEIGH-DURRAH AlRPOIIT lWTiiORITY

THill AGRE£MEIIT, made and entered into this ZZN:> day of /'n4¥ 1979

by and between the County of Wake, North carolina, as First PartY. and the

Raleigh-Durha:ln Airport Authority, a municipal corporation orqani~ed pursuant to

Cb<opter 188 of the 1939 Session Laws of the North Carolina General Assembly,

aa amended, u Second Party.

III'l'IIESSET!l, THAT llllEIIEAS, the Raleiqh-Durham Airport Authority is charged

with the responsibility for developing, operating and ""'intaining the Raleigh-

Durham Airport and ia now carryin9 out this fW'lction1 and,.

liHEREAS, in developinq and operating the airport, the Airport Authority,

aaong other things, IIIUSt be concerned with and adhere to the requirements

of Section 4(f) of the Department of Transpcrtation Act of 1966 (P.L. 89-670)

as a consequence of its acceptance of qrants of federal airport development

funds, and,

WHEREAS, t.he aforementioned Department of Transpcu:tation Act, Section 4 (f)

provides tl>at any airpo~ development project requiring the ~ (through

acquisition of fee simple title or easement thereto, throu9h airport-related

noise intrusion, or otherwise) of public parkland, rec:reation areas, wildlife

and waterfowl .refuges, or _historic sites is prohibited Wlless (1) there is. no

~ and prudent alternative and (2) the program includes all possible

planning to mini..mize harm. from such use 1 and,

WHEREAS, Wake County is in the process of implementing the Crabtree Creek

Flood Control W3.tershed Project involving the construction of eleven ~

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aocr.273B PAt£860 ~dams and water impowvlmenta on Crabtree creek and its tributaries,

including several in the near vicinity of the Raleigh-Durham Airport 1 and,

WHEREAS, in connection with the Crabtree Creek. Watershed Project, the Wake

County Ca:amissioners by resolution have designated the vater8hed sites aa

public recreational lands in order to provide a secondary use of and realize

additional benefits from these properties, and accordingly have directed the

Wake County Parks and Recreation Department to proceed with planning for

recreational develop:nent and use of these lands and i..&nple.mentation of a. Land.

Management Program relative thereto1 and,

WHEREAS, the designation of the crabtree Creek Watershed Project Bites as

public recreation .lands may have a direc::t impact on the Airport Authority' a

current planning for further development of the Raleigh-Durham Airport due

to the effect of D.O.'!'. Act Section 4(f)J and,

WHEREAS, both Wake County and the Raleigh-Durham Airport Authority desire to

avoid any potential impairment of the current airport planning and developoent

effort and avoid prematurely closing out any prospective airport developooent

options • while concurrently enAbling suitable recreational facilitieP. to be

[.. provided for the use and benefit of the citizens of the Countys and,

rWilEREAS, it is the desire of both the Airport Authority and Wake County that

the proposed Crabtree Creek Watershed Project sites be planned and utilized

for recreational purposes in a manner that is and will continue to be compatible

I with the developnent and operation of the Raleiqh-OUrham Airport at all times 1

L and,

WHEREAS, both the Raleigh-Our ham Airport Authority and Wake County agree that

appropriate written assurances that such a situation will, in fact_, be the case

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are necessary for the benefit and protection of both parties, to ensure the

optimum useability and develofCent potential of both the airport and the proposed

recreational properties, and,

NHEREAS, such agreement is a necessary precedent to the execution by the

Airport Authority, the Counties of Walte and Durl>am, and the Cities of &leigh

and Durhalll of certain agreements involving airport property interests in con­

nection 111ith the development of the Watershed Sites as set forth below:

CAir......,nts to be listed)

11011, TIIEllEPOR.E, Wake county and the llaleiqh-Durbam Airport Authority do hereby

agree as follows a

1. In planning for develol"!l"nt of and developing the Crabtree Creek Flood

Control Watershed properties ideDtified as Sites 1, 2, SA, 18, 20A, 22B,

23 and 25 (aa shown on the attached map titled Crabtree creek watershe~).

for recreational uses, Wake County shall ensure, and shall so direct the

Wake County Department of Natural Resources and the Wake County Parks and

Recreation Department, that such planninq, development and use will, orith

respect to the existing- two-runway l!aleig-b-Durham Airport and the Raleig-h­

Durham Airport Authority's five planninq concepts for future develofCent

of the airport, !"""ely 321, 523L, 523C, S23R, and 1432, and any IDOdifications

thereof which ""'Y be made during- the current long-range airport develofCBDt

planning process, be fully compatible ori th the existing and planned develop­

ment, operation and m.UnteDanCe of the Raleig-h-Durham Airport to the satis­

faction of the Raleig-h-Durham Airport Authority, the Federal Aviation Admin­

istration, and the United States Department of the Interior, including the

Heritage Conservation and Recreation Service and the National Parks Service;

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2. In accomplishing such planning for developtnent of and developin9

the Crabtree Watershed Properties referred to in Paragraph l above,

Wake County agrees to employ and to adhere in full to the "Guidelines

for Recreational Development of the Crabtree Creek Flood Control

tlatershed Properties by Wake County, North Carolina" contained in

Attachment ~ to this Memorandum of Agree-nt and to require

employment of and adherence to these same guidelines by any other

party which may hereafter acquire any interest in said '<lltershed

properties at any tila.e.

3. Develop~~ent of the "Guidelines for Recreational Development of the

Crabtree. Creek Flood Control Watershed Properties by Wake County,

North Carolina• referred to in Paragraph 2 Above is based on the

criteria for compatible land use planning. It is hereby agreed

that land use zones shall be established in relation to the

existing and projected future operation of the present two-runway

system utilized At Ra.leigh-Durhax:l Airport AS well as in relation

to ~ of the five planning concepts (AS itemized in Paragraph 1)

for future develop:nent o~ the airport. The several land use zones

shall be defined on the basi& of the aircrAft generated noise

contours a.s developed through application of the Day-Night Average

Sound Level (LDN) methodology for present and projected ai=raft

take-off and lending operations which have been established in the

Raleigh-Durham Airport's current long-range development planning

process. This LON Zone Criteria shall be tne major consideration

in planning for and the recreational development of the Crabt.ree

Creek Watershed Project properties until such time that a single

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eook2738 tAA;£ 863 development plan for the airport has been approved, or until all

five proposed development plans for the RDU Airport (as itemized

I in Paragraph 1) have been disapproved, by the Administrator of

the Federal Aviation Administration, United States Department

of Transportation. Upon this detenllination by FAA/DDT ~ the

lDii ZOnes associated with the approved airport development plan

or continued operation of the existing tvo-run .... y system, aa the

case may be, shall be utili&ed for the County's recreational

development planninq purposes on the Crabtree Creek Watenhed

Project.. To eatablish a basis of design limits, the LDN Zones

established to reflect projected future aperation of the existing

two-runway system and expected future aperation of the airport

aa it is planned to be developed under each of the five planning

concepts referred to in Paragraph 1 shall be defined on cami>osites

of the year 1985 and the year 2000 LON contours.

4. In planning for development and developing the Crabtree Creek Flood

COntrol Watershed Properties referred to in Paragraph 1 above, Wake

I COunty shall recogniJ:e that development, operation and maintenance

of the RAleigh-ilurham Airport and development, operation and maintenance

of the Crabtree Creek Flood COntrol Watershed, which two activities are

themselves compatible or can each be made compatible with the other,

ehall take precedence and priority in all cases over any .recreational

developDent of the watershed properties, and operation and maintenance

tbereof, which may be contemplated by wake COUnty at any time. Accordingly,

Wake County shall limit recreational development of the watershed properties

to only those uses which do not have the potential for

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restricting future developnent, operation and maintenance of the

airport and the flood control watersheds by employing and adhereing

in full to the "Guidelines for Recreational Development of the

crabtree creek Flood control Watershed Properties by Wake County,

North carolina• contained in Attaclllllent ~ to this M-.randum of

Agr-t.

S. The provisions of Paragraphs 1, 2, and 3 above shall also apply to

the Crabtree Creel< Flood COntrol Watershed properties identified as

Sites llA an4 13 on the attached map to the extent of Wake County 'a

interest therein.

6. In recngnition of the fact that future developnent of the Raleiqh•

Durham Airport as proposed by the five planning concepts ref8¥'red to

above will have an adverse effect on recreational developnent aDd use

of Crabtree Creek Flood Control Watershed Site 3, but at the same time

takinq into account the secondary and limited nature of this planned

recreational developnent and the location of Site 3 with respect to the

airport, Wal<e county bas issued the statement of compatibility which

is attached hereto and made a part hereof •. \

7. Wake county shall provide such certific.,tions of this agre....,nt and of

its sUbsequent actions relative thereto and in coMection therelri'ith a.a

the Raleigh-Durham Airport Authority may, at any time, require in order

to attempt to gain federal and/or state approval of its proposed aitpOrt

deve1opment, opexation and/or maintenance plans.

8. The Raleiqb- Durham Airport Authority shall, at all times, keep Wake

County,. particularly the Wake COWlty Department of Natural 1\.esources

and the Wake CoWlty Parks and Recreation Deparbnent, fully informed of

its pl.ans for further developnent, operation and maintenance of tlle

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~co:2738 t'A&f865 airport and the atatus of its plannin<J process and prograJn in this regard

I and maintain continuin<J COIIIIIlunication with llake COunty in thia respect.

THIS AGREEKENT, shall be bindin<J upon the successors and assigns of both

of the parties hereto.

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JUU.EIGH-DORHAII AIRPORI' AUTHORITY

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f!lc.t I /J ~ ---~--_r..._ ________ _

M+J J. ..t.t.-'--7'1,___ , 'CA.TE

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NORTH CAROL!Illl

COU~'fY OF WAKE ~K2738. PAU868 hereby ce!~ify toat ~fo~ 4:~:.1 , a Uotary Public, do

personally came before ne this ciay anu acknowleU.geU that she is Clerk of the County Board of C011uissioners of the County of Wake and that by authority duly q~ven and as the act of saiU County of Jlak.ti, tb4: foregoing instrument

. was· Signed in its nar.:te by the- Chairtlan of the CoWlty Boarcl of Caomlssionera, · ... seolll.e<.i. with its corporate seal and attested by her as Clerk of said County • .. -···*'f; · SDO:aiA7·c~~::co~r.Nissioners. ' . '. .. ~"'. . . (-=;~:·-.. ~-'>:to

.,. _,v . ·. •,•. '"~.\-~:\litness cy hand and notarial seal this _ _,.1,_4. ___ day of . j..:: .~GT~:tl;V: -~.',.I . 1979. :· ' -·4· . w

~- .:r:~·Q'.CJet..V~~ SEAL HERE} . -r.,. · .. ; •. ·: . . ·'· .. · .. ·· .. :· .-· .. llf'.''"DLliasion expires: 1'-~fl-1'.1. ·>!_ ... _ _::~~!.1 ... ;~ •.

llORTII CAJIOLUIA

COIJNT'Y OF WAICE

I, Margie Critcher Tippett , a Notary Public, · in and for the aforesaid county and state, certify that Gene Coll fnson

Smith . · personally came before me this clay and acknoor-ledged th.ot .. ·he·1s Secretary of the Raleigh-Durham Airport Authority, .~,,~~~'O.'f.i'.~~nd. t:hat by authority duly qiven and as the act: of the

....... ~·~~iafi&~·',l~~.~r.eyoing instrument was signed in its ~by ita /<v Che;~,··.a:i\}e~.)l.J:-th its corporate seal, and attested by himself aa z ' ~s~ 11/.ch:f!/t~i • ... · .f~,.,. ...... ~;,_~l t:.-."~ · r~ :._,•uwr0~>L~~- ili:RE)

~ ~~ .. ~;.-. ·.~.: ,:~-.~i,·~··;r~~,--~~ :~:,,~~~~1on eXpires: 9/26/79

.. ·~·~··i•.if···

CCXi!ITY OP 11A1CE

I, £ #'~(d,~~u...a,£.1T!4i) a flotary Public, do hereby certify thalk.x, AS p be>N>c.u.u.,h personally came before De this day and acknowledged that he is Director of the Walte County Parks and Recreation Department and that by authority duly given the fore­going instrument was signed in its naJ>e by the Chai=an of the Waite County Parks and :Recreation Comudssion, sealed with its corporate seal and attested by hilu as Director of tbe Wake County Parks and Recreation Department.

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~2738 ?m867 S'l'ATEMEin' OF C<»>PATIBILITY

BY '1'llE CO!JHTY OF Wl\Q, NORTH CAI!OLIIIII

RSIATIYE TO CRAB'1'R.£B CREEK IIATERSIIEI> PROJECT SITE 3

l'<l:r tha put tventy yeara, !lake county has been in the proceaa of devalopinq

the CrabtrH Creak Watershed Project for the priloAry alad expreaaed purpose

of flood control and reduction of flood delu.ge within the Crabtree Creel<

W.teralutd. This effort ia continuinq with reasonable prnqress at this u ... All an after thought, in order to provide a aaintenance -chanhm for tha

flood control lakea as they are completed and brouqht on line, the Wake

Coullty Department of Natural ReSOilrcea and the Wake County Parka and Recre­

atio:o Department devised a land aanag11111ent progr..., for the purpose of reducinq

... u.tenance costa for tha project. One of the 11&1\&g-nt toola outlined

in this progrU1 1s to provide recreational use of tha flood control lakes

u a preventiYe maintenance taeaaure.

Flood control lake Site 3 loceted approximately 6 miles soutb-aouthwest

of the Raleigh-Durham Airport has been eanaarl<ed for recreational use as a

aiiCOI>dary \18e of the property. Thia hes been done in order to reduce

..,intenance costa for the lake site and provide added benefits to the citizens

of Wake Couoty with minimum additional investment. in developinq Site 3 for

recrutional purpooes, the county fully recognizes that aircraft landing at

aDd departing the Raleigb-Durbem Airport are and vill continue to be over-

flyinq the area. The County also recognizes that this flight activity will

produce adverse noise impacts on the property vith respect to its recreational

use. :rurthenlore, Wake County fully recognizes that the Raleigh-Durban Airport

Authority is planning further development of the airport in the form of additional

rlUIIIaya alad associated facilities at this ti111e. If and when tba airport

development plan£ nov being created are implemented, a change in the present

aircraft-related noise impacts on Site 3 will be produced, tb& """'unt and

direction (increase and reduction) of vbicb is contingent upon the actual de­

velopaent plan vbicb may be adopted.

Fully reCOgnizing and talting into account the preceding and due to the COWlty's

expressed desire and intent to provide the recreational benefits associated with

Flood control Site 3, the County believes and taltes the position that the

contemplated recreational use of this site will not interfere or conflict with

the existing or planned future development, maintenace, operation and use of

the Raleigh-Durham Airport outlined in the Raleigh-Durham Airport Authority's

five elternative airport develo}'lllent plaruU.nq concepts now under consideration

and any reasonable IIIOdiHcstions thereof which may hereafter be Nde. llalte

county thus concludes that interaction between Site 3 ot the Crabtree Creek

Watershed Project as developed tor recreational use and the existing and preaently

contemplated plAliDed future developoent, operation, lllaintenance and use of

the Raleigh-Our"- Airport will be C<llllpatible in all reapeota.

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t«M2738 PA&f889 AT'I'ACHMEIIT A

TO -MI!M:liWIPUM OF ~ BE'l'WEEII WAKE COOII'I'Y

110111'11 CAROLINA AND THE RALEIGII-DtliUIAII AIRPOR'l' A11'1110Rrl'Y

GUIDELIIIES FOR RECR£1\TIOHAL DEVEWPMDIT OF THE CRABTREE CREEil FLOa:l COHTROL WATEIISHED PROPERTIES BY IIA1(E: COUIITY 1 NOR'l'll CAIIOLINA

!'he purpoae of this doculaent is to provide guidelines to be eaployed

...a A<lbered to by Wake eou»ty, North carolina in plaaning, implementing and

ll&intaining public: recreational developnent to be &aiOOCio.ted with the Crabtree

Creek Flood Control Watershed propertiea (Sitea 1, 2, SA, llA, 13, 18, 20A,

2211, 23 and 25 aa shown on the III&P titled Exhibit 1 - Crabtr- Creek Katershed).

DESCIIIPTION:

'l'beae guidelines are defined in tenu1 of ~ aircraft-generated

aoiae l...,.el& to which differant re=eational activities planned for illlplelllen­

tation at and in connection with the Crabtree Creek Flood Control Katershed

sites should be subjected. The IDilXiaum noise levels associated with specific

recreational activities are termed noiae tolerance standards and are identified

in Exhibit A-1. These standards are defined as Day-Night Average Sound Levels (IDH)

identified tt.rouqh applica.tiOll of an analytical methodology adopted by the United

states Department of HOusing and urban Development.

ID!I units are decibels (db.) and relate average 24-ho<lr (l day) IIOWid

1-.ls over a 1 year period of noise exposure 11easnrement. Single noise events

occurring between ·.10:00 P.M. and 7:00 A.M. local time are ooquated to 10 sii>gle

noiae events occurring between 7:00A.M. and 10:00 P.M. local time by the LDN

methodology. Thus, nighttime noise events have 10 times the l.i.pact of those

occurring during the dsy or evening.

ew;2738. FAGt870

!Ioise levels expressed in IDN Wlits are detemined through c<lOIIpO>ter

analysis of takeoff and landing operations of all of the types of aircraft

using an airport and the routes or flight paths which they follow in approaching

to land at or following departure fr0111 the Airport, although noise generated by

airline jet transport aircraft generally fer overshadow that generated by

other classes of a.ireraft. These noise levela are termed cumulative noieo

exposure levels in that they represent the accumulated effect of the noiae

generated by all Aircraft using the airport over a 24-hour period. llhile the

U>N methodoloWY, like several others of a aiJ!dler nature, is well-founded data­

wise and yields realistic and reliable output when properly eaployed, it ia

a· procedure which of necessity incorporates a number of assumptions, general­

izations and simplifications since noise exposure analysis is not an exact

science. Accordingly, it 111\lst be recognized that the level of confidence

associated with any Lilli level is :!:. 3 db. when interpreting the OUtPJt of the

analytical process.

As a general rule, the level at which discrete noise events such as

those produced by overflight of aircraft begins to be noticed by h\IIIWlS is

approximately LDII 55. This level is thus the threshold at which consideration

of the interaction between noise qenerated by aircraft with people and land

uses Wlder and near the flight path must beqin. Above IDN 75, the ,...gn.ttQde

of the noise exposure is such thl.!.t residential developaent and land \l&es

providinq p~aces of public assembly should be discouraged and avoided whenever

possible, Control of land uses exposed to aircraft noise above Lilli 75 throuqb

acquisition of the affected property by the airport owner is the preferred

course of action in this area.

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eOOK2738 r~871

DIREC'UON:

Recreational activitiiO& vary in the setting requirements, basic

pArticipant actions, and the many intended user experiences, all of which

must be blended to create a pleasurable resUlt.. Since x-ecreation, by

sillple definition, ia ....,. 's pursuit of leisure, the human variable further

Ctlllplicates IIIAtters. Problems develop over how noise in general or certain

noise levels affect the activity or the user, and what levels can be tolerated.

Hoiae, in this case aircraft-generated and airport-related noise, may or may

not affect the appreciation of certain recreational activities, thus

indicating that each recreational activity must be addressed separately.

!'he hUIDiU'l respoll!le to noise, or bow one perceives different 1evels of noise,

is directly related to the type of activity in which one participates.

(~le: Exterior noise during a heated softball game will be less

noticeable than exterior noise during an outdoor drama. l Research in

pSychoacoustics has concluded that an "individual's attitudes, beliefs

and values inf1uence the dec.Jree to vhich one considers a sound annoyiJ19 .. • 1

Recreational activities, coupled vith the inherent variability in individuals

result in a nearly i.mpossible task of predicting how every individual will

react to a given noise level during an activity.

RECR!':ATIONAL ACTIVITY ANALYSIS •

Each proposed recreational activity can be evaluated from the actual

experiences the user obtains as educational. developmental or for one•s own

appreciation. The social· complexities derived from recreation can be classified

AS either group or individual interaction. (Some activities may, however, involve

grcup and individual interaction concurrent~y). Also, the activity requirements

can be assessed in terms of spacial movement or the magnitude of participant

eoo~2738 rAtE872

O>OVement within a given activity. (Example: Athletic games require a high

deg-ree of participant movetnent, thus reducing" the awareness of noise intrusion).

Noise levela also can be clauified into two categories: (1) the level of

activity-generated noiser and (2) the level at which noise det.ers or detracts

frOib the activity, user or experience. Finally, A maximum tolerable noiae

level can be defined for each recreational activity as a culmination of the

process. Listed belOiof are the activity categories with definitions.

1. Physical Oevelopnentz The human response to activities that result in i.mproveDlent of one's physical well-beinq.

2. Mental Development: '!'he educational experiences brought about through recreational activitiea.

3. Environmental Awareness z Activities where appreciation of the surroundings is a necessity for achieving the expected experience. (Example: Hiking trails rely on the environmental eleroents to obtain user appreciation) •

4. Group Interaction: Activities that promote the social interplay of numbers of users.

5. Individual Interaction:. Activities that produce one-on-one relation­ships of users.

6.. Degree of Spacial Movement: The level of participant movement associated with recreational activities.. (Example: Swilnming requires more motion than bird-watchinq.)

7. Noise Generator: self-generated noise related to the activity. The greater the noise generation, the less the annoyance of noise intrusion. (Example: Off-road vehicle· trails or motorboating produce 100re noise than hiking or tennis.)

3. Noise Intrusion Factor: The rel.ationship of noise intrusion to the activity, its setting or the user.. The greater the intX'\J.sion, the more detrimental to the experience. (Example: Noise intrusion upon a picnic or campinq area will be more detrimental than noise intrusion upon an off-road vehicle tnil.)

9. LON Ran<4e: The range of noise 1evels (expressed in Day-Niqht Average Sound Levels) in which a recreational activity may be appreciated with­out distraction by aircraft-qenerated and airport-re1ated noise.

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OOliK2738 I'A&£87;)

Listed below are broad recreational activity cateqories with specific

activities exemplified.

PlAYGROUNDS

Tot lots

Mini•parkB

Play lots

A'l'I!IEl'IC FIELDS

soccer

softball

Football

COilRl' GAMES (GROUP)

Volleyball

Basketball

COUR'r GAMES (INDIVIDUAL)

TeNUS

llandball

llacquetball

RECI!EA'l'IOII CENTERS

Gymnalli ....

Arts and Crafts

ClubRoomS

Tent

'rrailer

School Camping

la.asic Aircraft Noise Primer, adapted from Transportation tloise and 1 ts control, ,

u. s. oepartulent of 'l'ran_spoxtation, Office of the secretary, washington, o.c.,

June, 1972.

EXHIBIT A-1

re ~ "' !;l " ... RECR.EATION 2l ~ ACTIVITIES " ...

P laY9rounds X " X H H

mla;ic X . " " G~g~~ Games X X _.H. .M

'fg~gi~~!s " " M L

Sez"':hes y X X .M M

e~li[~~i~on X " L v

Th~~t~;s " " L v

c1~5~0o.n X X y T. u

Gardens y L r. ~:.unuru

" Centers T. T.

~~~~aJ. X X X X L r. c:~~~L X X X " L r. ¥:m: X X X " " J. T.

r~~IYi X X " X " v T

~~~fts X X X X M M

~~~f~Yve X X X X X L L ¥:;~.ln9

X X X X X t L

T~'il~~ X X X X L v c:::st~~~ X X X X v

Oav CAmos X X " X X v v Fishing Bank X y T. T.

Fishinq Boat X X X .X . ..M _V

Fishing Pier " X X L v Soat.j.ng r.totor X H H "'"~._.,.,.

?leasure X X X X M M

CRV 'rr~ ilc y -"- u

s:tooting Range X X X L H

Huntinq X " X T. v Archery X X X L L .:;olf Courses X y L v ~:;~~r .1ra:u.

X .X X H H =:~"• ·nau ~on-motor X X X X M _V_

?icnicking L v i<i ldlife Area X X X X L L ~~~~~cu

~ L v ;~~~~l.fe X X X . L L

~~E~hinc:; y X X " L L

.:it:abl.as CO>ll> f:Rcrlll Open Space X X " X " v v

..:'rient~er i no X X X X " L L

i

L

T.

...1.

-" .. M

H

" .. R

" H

.. A

v

v

H

R

M

" v

" __ v

v L

.. _L

L

v II

M

_I.

_j!_

H

_.H.

v v v

v

v

6Cc~2738. PACE874 CODE;

s ':.7•

-:.?. -:_., r:., ~7c <

Ma__y_ -~--~

:cc 'h

t-.. f.:<Giv.

1-<

:.

"H 11 = High "M" ~ Medium "L" ~ Low ''V" 11:" varies •<" = Less than or

equal to •x" a Category

inclusion

COIIMENTS

·nclullit

"' nr<>

soecies

-.,. ~~.JIIclude higher noise

'6!

~55 I F"'r _Niahttime 45

-' I"' 45

-.. , . .,,

""''"· :,.

l-1n

t- 1r

1<-afj

~" Prohlbit, ;!!_o~r Boating

KRO

.. • •

•

* .

*

<Bfj Includes hearing protection

Depends on aame locati<>n

-~5

.,n IW~h~os~ i.:t_ u~e is estab-*

·.::so ·.c70

,.,, 55~a.nima..'

-.,, . . . . -~n . . . . "60 . . . .

. "70 . . . " 65lx_nfo,...l.i!<::tl.vlli.e.s._ * 70

• See Page 'I"WW

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.:.

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OOCK2738 PAG£875

RECREATION .. it §l " .. .. § "' !!: 0 fil liCTIVI'l'IBS .. " ... "' Sportll Annas X X X H H M ~6

-- .... ~·~•ope~ "'-8

A9ricul tural N ~8!

Forestry WfUFAJ iTtnuN !5:,,

Fisbezy ~.

· ..

I

.. -_:

CODEt •u• • High •H• • Medium •L• • Low •r • Varies •!_ • • Lese than or

equal to •x• • C&tagory

U.Clwoion

COM!-lENTS

Spectator viewing in-eluded

Public ROW

•uses should not have "n Ll'lN !sound Level of 65 or qreater

:U.posed on them after tb~ peveloped. However. depending

~n other design criteria, the

~se may be established in an

xisting LON 2one havincr a

~ound Level of 65 or qreater.

p;.,.erally, an ind1vidua.l

ppraisal and analysis of use

ocation wi~l be done prior to

ite choice due to the tenc!e.~C'".I'

f the ~~uireraents to va...-v.

.. ("J''­l

(_,

I ~"'-~

-""'·

CRABTREE CREEK WATERSHED

'-"""':.::.::..=!-=.-=-~·-

..

c:z:::~ ....... ___

~ ~;;;..~-=--·

,Proposed Use Areas

f forestry C..::>

natural c~

' ~ldllfe C::::::2

.... "" ~reatlon0

g

N ) ~ \ \_ 00

'-, ~ \ 00

' al \

* lOw llllolllr u lo llllport llhd ........ _,.,

-

STATE OF NORTH CAROLINA

COUNTY OF WAKE EASEMENT

THIS EASEMENT, made and entered into this 22nd day of May,

1979, by and between the City of Durham, the county of Durham,

the City of Raleigh, and the County of Wake, GRANTORS, and the

County of Wake, GRANTEE, its successors and assigns;

W l T·N E S SETH:

THAT in consideration of one {$1.00) Dollar and other good

and valuable considerations, paid to the GIUINTORS, the receipt of

which is hereby acknowledged, the GRANTORS, do here~y give,

grant, bargain, sell, convey and release unto the GRANTEE, its

successors and assigns, subject to the provisions set forth

below, the right, privilege and easement, now and hereafter, to

construct, install, improve, remove, replace, inspect, repair,

operate and maintain a watershed impro'Vement project as define<!

below, consisting of a flooci water retarding strQcture, daJII,

spillway and necessary land for the impoundment, storage, de­

tention, control and regulation of water, together with all the

appurtenant appliances and structures necessary and convenient

thereto, in, upon and across the land owned by the GRANTORS,.

lying and being in Cedar Fork Township, Wake county, North

carolina and more particularly described as follpws:

FIRST TRACT: Beginning at iron pipe #443-A on the 284.9 Contour and in the Eastern line of stella watkins (N.c. Coordinates -Y=765,948.094 and X=2,057,194.058); thence with Watkins N01°14'40"E 38.95 feet to a con­crete monument, corner for Watkins and Continental Can co.; thence with Continental can Co. N02°32'08 11E 164.13 feet to a R/W Monument on the Western R/W of 140; thence with said R/W S5l0 04'14"E 157.08 feet to a point on the 284.9 contour 1 thence along 284. 9 contour, a

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eooK2787 rAG£431 line referenced as follows; 544"12 '4&"W 69.70 feet, S85"25'00"E 75.10 feet, S08"04'23"W 48.72 to the place of BEGINNING, containing 0.271 acres according to a map by Smith and Smith surveyors dated February 14, 1975.

This is a portion of the property conveyed to the City of Durham, et al by deed recorded in' Deed Book 1768, Page 595.

SECOND TRACT: Beginning a concrete monument #555-A on the 284. 9 contour and in the West R/W of 1-40 (N. c. coordinates - Y=761,164.88l and X=2,063,677.985); thence along said R/W S49°-23'-36"E 238.065 feet to a point; thence continuing along said R/W S57°-26':..04 11E 26.83 feet to a point on Haley's Branch; thence along Baley's Branch, a line referenced as follows: S02-00-30W 345.220, Sl8-02-25W 459.640, S11-08-23E 265.210 to a point at the intersection of Haley's Branch and Crabtree Creek; thence along Crabtree Creek, a line referenced as follows: S37-48-21W 265.130, S68-33-54W 325.490, N57-02-18W 237.960, S68-37-54W 260.480, N87-39-32W 145.730, S55-33-51W 252.590, N42-28-20W 365.890, N78-02-08W 359.700, N69-26-13W 459.490, N89-14-31W 215.120, S35-25-51W 276.000, S4~-23-21W 170.420, N44-37-50W 230.310, S77-59-56W 269.598 to a point, corner for E. N. Richards, et al; thence leaving Crabtree Creek, · ·with the line of Richards 501"-52'-0l"W 375.79 feet to a point, corner for Richards in the line of B.B. & P. Associates; t:hence with the line of B.B. & P. Associates, the fol­lowing courses: N88-52-15W 198.120, N88-54-40W 85.818, N39-10-02W 62.730, N06-07-30W 140.730, N68-37-55W 152.690 to a point, corner for B.B. & P. Associates and E. N. Richards, et a1 on Crabtree creek; thence with the Crabtree creek and Richards 544" -10'-30"W 91.212 feet to a point, the intersection of Crabtree creek and Stirrup Iron Creek, corner for stanley E. Combs, et al; thence along Stirrup Iron Creek and the lines of combs and Daniel M. Lotz, et al, a line referenced as follows: S44-10-30W 91.212, N01-05-08W 216.553, N26-G3-03W 353.903, S43-11-51W 212.410, N86-02-03W 97.850, N86-02-03W 38.780, N43-15-20W 360.460, S83-13-58W 179.590, S59-07-52W 202.700, S59-07-52W 2.260, N55-21-18W 121.280, N66-12-37E 265.950, N10-37-07W 169.010, N00-52-0lW 151.480, N33-13-18W 222.770, N44-28-20W 179.440, N42-37-20W 165.670, N86-05-33W 138.770, N53-04-49W 60.950, N53-04-49W 164.000, S59-11-22W 162.930, Nl9-08-06E 157.510, N07-32-02E 141.120, N75-54-09W 225.730, Nl9-05-12W 117.410 to a point on Stirxup Iron Creek; thence leaving said creek with the line of I.otz N27°-27'-38DE 109.68 feet to a point; thence continuing with I.otz N42°-56'-39"E 168.573 feet to a concrete monument on the Eastern R/W of N.c.s.R. '111002; thence with said R/W

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&ooK27S7 rAC£432 a curve to the left having a radius of 1687.02 feet and a distance of 779.54 feet to concrete monument #489-A on the 284.9 contour; thence leaving said R/W along the 284.9 contour, a line referenced as follows' S12-43-56E 116.155, S40-41-01E 296.760, N00-19-12W 168.425, N33-09-17E 75.792, 519-38-0lE 210.784, S54-40-53E 125.241, N80-37-41E 159.760, N51-38-01E. 182.863, N69-41-4BE 194.015, N85-08-29E 143.782, N04-03-04E 219.320, S11-43-20E 176.253, 508-21-08W 257.394, 584-53-59E 136.634, S66-08-27E 303.907, S27-32-31E 370.990, SSB-58-30E 112.650, S36-26-24E 147.506, 514-42-57E 214.545, S08-45-10E 312.374, 536-03-0SE 164.737, S18-20-38E 168.161, S32-17-52W 176.048, S17-04-39W 113.551, S59-43-32E 241.720, S71-15-19E 179.416, N36-01-17E 160.534, S08-09•26E 212.497, S84-01-57E 403.893, Nl1-22-44W 149.119, S43-09-47E 236.897, N87-58-07E 194.910, N64·45-59E 137.879, N17-30-29E 205.800, N00-02-28W 127.979, N24-07-51W 112.703, N12-50-02W 89.513, N01-49-19W 104.461, Nl5·32·50E 160.094, N25-58-34W 67.566, N29-45-52E 121.348, N38-31-04E 194.131, S03-00-27W 100.969, S12-55-34W 180.157, S12-01-48E 260.959, S23•45-20E 302.038, S12-55-42E 213.306, S64-05-01E 136.799, N74-42-37E 142.560, N43-27-02E 139.626, N88-04-58E 106.094, N20-037-30E 108.519, N29·01-42W 111.294, N10-45-33E 190.782, N28-40-43E 89.231, S05-32-24E 201.216, N40-31-15E 113.679, N02-56-22E 185.373, S64-00-17E ·81.809, . N55-27•59E 168.825, N78-37-47E 225.015, N43-42-48W 102.227, N50-45-41W 191.587, N86-13-45E 85.575, S71-22-34E 196.676, N51-42-19E 104.470, N14-04-39E 70.187 to the place of BEGINNING, containing 150.735 acres according to map by Smith and Smith surveyors dated February 24, 1975.

The above described property is further identified by reference to Deed Book 1761, Page 25, Wake County Registry:

'J.'HIRD TRACT' Beginning at concrete monument #557-A on the 284.9 contour and in the West R/W of I-40 (N. c. coordinates -Y=761,581.789 and X=2,063,722.095); thence along the ·284.9 contour,a line referenced as follows: N06-45-25W 36.317, N49-50-13W 105.484, N26-18-10W 79.204, N17-37-55E 66.643, N34-17-47W 125.156, S71-33-45E 75.478, N28-10-04E 125.575, N07-01-07E 229.940, N01-32-21W 187.939, Nlt-44-30E 168.327, N05-07-07W 283.803, N02-11-51E 213.360, N36-59-15E 272.248, N32-50-07W 128.116, N03-22-14E 328.385, S31-57-35E 95.566, S00-46-39E 271.107, S30-03-15E 173.832, S37-52-03E 108.655, S6S-10-45W 131.209, S10-19-26W 177.502, S25-59-31E 191.981, S11-34-35W 173.662, 526-52-30£ 169.642, S11-24-15W 160.993, S28-21-33W 164.874, S14-58-35E 105.405, S48-09-34W 3.691 to concrete monument in the North line

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r.ooK27o7 PACE 433 of Francis C. Edwards; thence leaving the 284.9 con­tour, with the line of Edwards N86"-42'-30 11W 183.183 feet to a concrete monument on Haley's Branch; thence along Haley's Branch, a line referenced as follows: 510"-53 1-JO"W 223.73 feet, 568°-37'-30"£ 135.07 feet to a point, southwest corner for Edwards; thence leaving Haley• s Branch, with the South line of Edwards 586°-42 1-JO"E 527.778 feet to concrete monUI\Ient 1589-A on the 284.9 contour; thence along the 284.9 contour, a line referenced as follows: 554"-12 '-36"£ 4. 225 feet, N67°-57'-39"E 5.306 feet to concrete monument #590-A on the south line of Edwards; thence leaving the 284.9 contour, with the line of Edwards 586"-42'-30"E 61.689 feet to concrete monument 1591-A on the 284.9 contour; thence along the 284.9 contour, a line referenced as follows: S21-14-38W 53.851, S80-51-21W 218~001, SB9-05-20W 101.181, S12-24-38W 102.476, 587-01-47£ 82.279, 520-02-37W 63.477, 501-09-SOW 142.233, S25-01-27W 26.336 to concrete monument #598-A on the West R/W line of I-40; thence leaving the 284.9 con­tour, with said R/W N56"-19'-30"W 504.007 feet to the place of BEGINNING, containing 12.156 acres and shown as Tracts A, B and C on map by Smith and Smith Surveyors dated March 10, 1975.

T.he above described property is further identified by reference to Deed Book 1761, Page 25, Deed Book 2138, Page 643 and Deed Book 2054, Page 313! Wake County Registry.

The foregoing three tracts are further identified in the

records of the Wake County Department of Natural Resources, and

are a part of Site No. 23, in th~ plans for Crabtree creek,

relating to Crabtree Creek and its tributaries, to be located on

the above described land, for the purpose of controlling the

flowage of any waters in, ov~r, or through such structures; and

for the permanent and temporary detention, either ox both, of any

waters that are impounded, stored, or detained by such structure,

to a maxilliUIII of 284. 9 feet above mean sea level elevation mea­

sured from N.C. Geodetic Traverse Disk stamped •CRAB-:1970" and

located 0.1 mile west of l-40 bridge over crabtree creek, vhich

is the identification of the control point used upstream from the

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eooK2787 rAC£434 flood water retarding structure on the stream above named, and

its tributaries.

TO HAVE AND TO HOLD the above easement unto the GRANTEE as a

perpetual easement, which shall be binding upon the heirs,

personal representatives, successors and assigns of the GRANTORS,

subject to the following provisions and conditions:

1. A "watershed improvement project" means a project

of watershed improvement involving flood prevention, drainage

improvement, water supply, soil and water conservation, recrea­

tion facilities, fish and wildlife habitat, or other related

purposes, singly or in combination, which is undertaken by the

GRANTEE alone, or in conjunction with some other lawful gqvern­

mental agency, or by any successor governmental agency designated

by GRANTEE.

2 . In the event the GRANTEE or any other governmental

agency, either alone or in conjunction, shall at any time here­

after elect to develop recreational facilities on any portion of

the property described above in connection with the "Watershed

Improvement Project" as defined in paragraph 1 above, such re­

creational ,facilities shall be planned, constructed and operated

in full compliance the "Memorandum of Agreement Between Wake

county, North Carolina, and the Raleigh-Durham Airport Auth'?rity•

executed between the two parties under date of May 22, 1979 which

"Memorandum of Agreement0 is incorporated herein by reference and

made a part hereof as fully as if set out verbatim herein.

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&eoK2iS7 rAC£435' 3. The GRANTEE shall have reasonable rights of ingress

and egress to the property described above over other lands of

the GRANTORS, provided, however, that (a) due· care shall be used not to damage property·

outside the property described above,

(b) any ingress or egress over property within

the present or any future boundaries of the Ralei~h-Durham

Airport Authority or now or hereafter held by or for the benefit

of the Raleigh-Durham Airport Authority for airport purposes,

shall be only over such roads or ways as the Raleigh-Durham

AirPort Authority shall specifically designate froD tiDe to time

for such purpose, (c) any such ingress or egress shall be under

such rules, regulations or ordinances as the Raleigh-Durham

·Airport Authority shall prescribe from time to time, and

(d) any roads or ways so used for ingress or

egress to or from the watershed improveiDent project other than

the perDanent streets and highways of the Raleigh-Durham Airport

Authority shall be maintained by 'the GRANTEE in accordance with

such st;andards as the Raleigh-Durham Airport Authority shall

reaSonably require. 4. The GRANTEE shall be responsible for constructing

and maintaining the improvements at no cost to the GRANTORS,

includi~g the re~~~oval of all trees from the areas used for the

dillll and spillway, and the perDanent (nomal) storage of water.

All such improvements shall be constructed, maintained and

,,, I .

&CcK2737 rAt£436 operated in accordance with any and all governmental requirements

and approved engineering and safety standards which may exist

from time to time with respect to such improvements.

S. No structure except for a dam, spillway and any

other structures reasonably necessary for the impo':lndment or

detention of waters within the limitations specified above shall

be erected upon the above described property without the prior

written approval of the Raleigh-Durham Airport Authority. No

activity shall be conducted on, or be permitted by the GRANTEE to

be conducted on the above described property, and no use shall be

made of or permitted by the GRANTEE to be made of ~e above

described property, except for the impoundment of water- to the

extent provided above, which will in any manner interfere with or

impair the full and unlimited use of said property for aero­

nautical or other airport purposes in the manner and to the

extent that the Raleigh-Durham Airport Authority may at any time

hereafter detennine; provide-d, however, that the GRANTEE shall

have exclusive control over the dam, spillway and water conrol

structures.

6. The GRANTEE shall observe and comply fuUy with all

federal statutes, rules, regulations and orders which are now or

may hereafter be applicable with respect to said property or its

use by th.e GRANTEE.

7. In the event construction on the above described

project is not commenced within fifteen {15) years from the date

hereof, the rig.'lts and privileges herein granted shall at once

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llODK2757 fAC£437 revert to and become the properties of the GRANTORS, their heirs

and assigns. e. The Grantee covenants and agrees to indemnify and

a;ave harmless the City ·of Durham, the county of Durham, the city

of Raleigh and the Raleigh-Durham Airport Aut."lori ty from and

against any loss, claim or damage arising out of or caused by,

the installation, maintenance, operation or' use of a watershed

improvement project or projects on the above-described property.

9. In the event anY use is made by the Grantee, its

t;uccessors or assigns, of any part of the property described

herein, or of the aforesaid site 23, for any purpose other than

the impound!nent, storage and detention of water as herein per­

lllitted, and in the event, in the sole judgment of the Raleigh­

Durham Airport Authority, such other use is interfering with or

impairing, or in the future will interfere with or impair the

full and unlimited use of said property for aeronautical or other

airport purposes in the manner and to the extent that the Raleigh­

Durham Airport Authority may at any time hereafter determine, or

is interfering with or impairing, or in the future will interfere

with or impair the ability of the· Raleigh-Durham Airport

Authority to obtain any funds, grants, permits or authorizations

in respect to any proposed or intended use of said property or

any other portion of the Airport property for aeronautical or

other airport purposes in the manner and to the extent that the

Raleigh-Durham Airport Authority may at any time hereafter deter­

mine, the Raleigh-Durham Airport Authority may, upon thirtY days'

written notice to the Grantee herein, adopt a resolution ter-

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minating the right of the Grantee to use the property above

described for anY purpose other than the impoundment, storage and

detention of water. The aforesaid resolution of the Raleigh-Durham Airport

Authority shall become effective ~hen a copy thereof, duly

certified by the secretary of the Raleigh-DUrham Airport

Authority and sealed with the seal of the Raleigh-Durham Airport

Authority, is delivered to the Grantee. 10. This Agreement shall inure to the benefit of and

be bin~~ng upon the respective successors and assigns of the

parties hereto. IN WITNESS WHEREOF the parties hereto have caused this

Agreement to be duly executed as of the daY and year first above

written.

CITY OF DURHAM

By: 1~ .t Ce Mayor" •

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AP~RO~ ~~;o~ By: ~ ~·

coutlfYAttOiileY

6DDK2787 f:.c£439 coUNTY OF DURHAM

By: l)r .. ~ Sc~ Cha1rm~the county Board or commissioners

CITY OF RALEIGH

COUNTY OF WAKE

By:~~~ auman ()the county Board of v cOJ!IIIIissioners

RALEIGR-DUI!HAM AilU'ORT AUTHORITY

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This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.

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soox2787 r~.tE441 NORTH CAROLINA

COUNTY OF WAKE

I, \.\:1\f..c.,.h l....nrLJ<'. , a Notary Public, do hereby certl:fy that ,.,._.,.. "?> ,;;,_!.\.h• tAE.R"? personally came before me th1.s day and acknowledged that she J.S Clerk of the county Board of Commissioners of the county of Wake and that by authority duly given and as the act of said County of Wake, the foregoing instrument was signed in its name by the Chairman of the county Board of Commissioners, sealed with its corporate seal and attested by her as Clerk of said County Board of Commissioners. ·

Witness my hand and notarial seal this ~ day of · -';>1,! -='f , 1979,

/~~):nr{t·-~:~ ·: _· · · '"'' ':\.,..a·z..o __ , £(~/~ l~{i·ooo~:b) ' r~~'""""t,!P:;.ub.;=;;:;l.~C-------

. ~ .. '0 ... ! ~dTAa-iM/ SEAL HERE) :4f ... ~, .· e; ............ :.g:- ,./'

:,:··:,;.,;ifY: ~iss ion expires: ~J"- ~7, t'iB I : ··; ~ :'::u""'""'" ~ .

NORTH CAROLINA

COUNTY OF DURHAM

hereb~· ce ~YJ.€:d£~~fkel:;otary ;:!~~~~1~~-came befo~&OWiedged that she 1.s city Clerk of the City of Durham, a municipal co.cporation, and that by authority duly given and as the act of said municipal corporation the foregoing instrument was signed in its name by the Mayor of the ~ity of Durham, sealed with its corporate seal and attested by ber as citY clerk of the City of Durham.

~tness my '/LJAZ

hand and notarial seal this ;(,d) day of 1979. ·' ""''''~'~"'!''"''tt~~ : :.r ~,, ·to UCI'lJ .t ,,,, •. ·.

f I·"" ..•... -· .. ···~'{;\·-• . <t1 &tP$JJ ~\

OH"""<.Ja."F>i. otary Pub'tf~, -i. . · • i ~ . . "if··. <lf1..Lo t' : ... ~ •· · ~~ .. :·... :··~~

(NOTARIAL SEAL HERE)

My commission expires: Y· r/2"~ 79

--~--~ ~ ....... -~.q.,,. . ot,.~ &! U1l~\,,, ... ''

IIIJ.thiHI111'''

-·~ '{,.

/ .

eoor.27S7 PAcE4.f2 NORTH CAROLINA

COUNTY OF DURHAM I, Joanne B. Hockett a Notary Public, do

hereby cert~fy that E. S. S\1;ildell, jr. per­sonally came before me this day and acknowledged that he 1s Clerk of the county Board of commissioners of the county of Durham and that -by authority duly given and as the act of said county of Durham, the foregoing instrument was signed in its name by the chairman of the county Board of Co!Mlissioners, sealed with its corporate seal and attested by him as Clerk of said county Board of Commissioners.

Witness my hand and notarial seal this

----------~~--------· 1979.

· ... NORTH CAROLINA

18th day of

COUNTY OF I, /,; J'. ,NotarY l'ublic, do

hereby ~ per-sonally s ac not-lle ged at she is the city Clerk of· the city of Raleigh, a municipal corporation, and that by authority duly given and as the act of said municipal corporation the foregoing instrument was signed in its name by the Mayor of the City of Raleigh, sealed with its corporate seal . and attested by her as c~~Y Clerk of the city of Ra~~:i'

Witness my hand and notarial seal this day of 1979.

I

I

I NORTH CAROLINA

COUNTY OF WAKE

1, '21(.~ (J;,£k) ...J~ZC,, a Notary Public, in and f!)r the at >iud county and r Te. certify that ~..( 4Li'Lzk>f'?.) ~ · personally came before me thls day and acknowledged that he J.s Secretary of the' Raleigh-Durham Airport Authority, a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal, and attested by himself as its Secretary.

17 Witness my hand and notarial

05..r.e~F"""'""''""-....4J~:!Oo~--· 1979.

seal this J.L.~ day of

• ¥-.: :(~' } . · .. ,. 2?(~~~ otary PublJ.c

NORTH CAROLINA AGREEMENT FOR CONSTRUCTION OF A KATER LINE AND

LEASE OF I1AND COUNTY OF WAKE

THIS AGREEMENT, made and entered into this - _:;;v

,:;; day of

~~~(~ct_~~ct/_1 __ . ______ , 1985, by and between the COUNTY OF WAKE, a polit-

ical subdivision of the State of North Carolina, hereinafter refer-

red to as the "County,n and the RALEIGH-DURHAM AIRPORT AUTHORITY, a

public body chartered by the General Assembly of North Carolina

under Chapter 168 of the 1939 Public-Local Laws, as amended, here-

inafter referred to as the "Authority."

W I T N E S S E T H:

THAT WHEREAS, the Cities of Raleigh and Durham, the Counties

of Wake and Durham, and the Raleigh-Durham Airport Authority are

jointly the owners of the land on which is located the Raleigh-

Durham Airport; and

NHEREAS, the County desires to lease from the said owners,

represented herein by the Authority, duly authorized by its charter

to enter into lease agreements of this nature, a tract of land com-

prising three parcels totaling 33.185 acres, located south of the

interchange of Interstate 40 with Morrisville Road (S.R. 3015) and

bounded by Interstate 40, Morrisville Road, Brier Creek and Crabtree

Creek, on which to develop and provide access from Morrisville Road

to a public recreation facility to be known as Lake Crabtree Park;

and

WHEREAS, the Authority desires to connect the lands of the

Raleigh-Durham Airport in the area bounded by Interstate 40,

Page 2

Morrisville Road, Brier Creek and Crabtree Creek, including the

subject 33.185-acre tract, to a public water supply for use by the

Authority to serve the airport; and

WHEREAS, the County, after determining that connection of the

aforementioned land, including the subject 33.185-acre tract 1 to a

public water supply is in the public interest, desires to construct

and install a 12-inch diameter water line, to be owned by the

County, extending from the intersection of Morrisville and Airport

(S.R. 1002) Roads in a southerly direction across Interstate 40 to

the intersection of Morrisville Road with the proposed Lake Crabtree

Park access road, for the perpetual use of (easement) and at no cost

to the Authority, in exchange for the leasing by the Authority to

subject to the the County of the aforementioned 33.185-acre tract,

terms and conditions set forth in that certain lease agreement

to which attached hereto and made a part hereof as Exhibit "A tl I

reference is hereby made for a more particular descriptioni and

WHEREAS, the Authority, in the belief that the leasing of said

tract is also in the public interest, desires to lease the aforemen­

tioned tract to the County pursuant to the terms and conditions of

the hereinabove referred to lease, and in consideration for con­

struction and installation of the above described water line for the

perpetual use (easement) of and at no cost to the Authority; and

WHEREAS, the County and the Authority respectively have deter­

mined each for itself that the contemplated exchange, the construc­

tion and installation of the water line by the County, the ownership

of which line will be retained by the County 1 and the same being

made available to the Authority for its perpetual use for supply of

water to the airport property on the one hand, and the leasing of

Page 3

said tract on which to develop and provide access to a public recre­

ational facility by the Authority to the County on the other hand,

represents consideration moving to the ultimate recipients substan­

tially equal in monetary value.

NOW, THEREFORE, in consideration of the above, the County and

the Authority do mutually covenant and agree as follows:

1. The Authority shall lease to the County the real property

referred to hereinabove pursuant to the terms and conditions of a

written lease, a copy of which is attached hereto and made a part

hereof as Exhibit "A".

2. The County shall contract for construction and installa­

tion of the hereinabove described water line not later than Septem­

ber 30, 1985. The water line shall be completed and made operation­

al as soon thereafter as is reasonably possible. Should the County

fail to comply with this provision through no fault of Authority,

this Agreement and the lease referred to above shall be deemed null

and void and of no further force and effect. Upon completion of

construction and installation of the aforementioned water line by

the County, the Authority shall thereafter have the right to tap

into the water line at one or more points along the route of said

line through or bordering airport property and to use the water line

in perpetuity for supply of additional water to airport property, it

being understood and agreed that no water supplied to Lake Crabtree

Park or any other County facility served by the said water line

shall be taken from nor be a part of any heretofore existing alloca­

tion of public water made by the City of Raleigh or the Town of Cary

to the Authority without the express prior written consent of the

Authority.

Page 4

3. Upon completion of construction and installation by the

Authority of a sanitary sewer line across the subject 33.185-acre

tract within the sewer easement to be retained for this purpose by

the Authority and in conjunction with the development of Lake

Crabtree Park, the County shall thereupon also have the right to

tap into the sewer line within the bounds of the subject tract to

permit disposal of waste water from the said park.

Authority shall be under no obligation to provide

However, the

treatment of

waste water flows from the said park nor to make arrangements with

any other third party for treatment of such flows. Neither shall

the Authority have any responsibility for compliance by the County

with such waste water treatment conditions as may be imposed by any

governmental body or third party providing treatment of waste water

flows through the sanitary sewer line to be constructed and

installed by the Authority, nor for the costs of treatment of

waste water flows from the said park.

4. It is understood and agreed that, notwithstanding termina­

tion of the lease referred to above for any reason, the Authority

shall have the perpetual right to connect to the water line herein­

above referred to as herein provided.

5. Any provision herein contained which by its nature and

effect is required to be observed, kept or performed after the

lease of the subject property shall survive said lease and remain

binding upon and for the benefit of the parties hereto until fully

observed, kept or performed.

6. This Agreement shall be binding upon the successors and

assigns of both of the parties hereto.

Page 5

IN WITNESS WHEREOF, the parties hereto have caused this Agree-

ment to be executed by their respective duly authorized officials

this the day and year first above written.

(SEAL)

ATTEST:

COUNTY OF WAKE

By: \'/],<:_~~ M. Edmund Aycock, Chairman

Wake County Board of Commissioners

( d/A .d.~~-/ ~~Alta B. Chalmers, ClP~k to the

~·1ake County Board of Commissioners

(SEAL)

ATTEST:

Jr., Acting ~ecretary

Page 6

NORTH CAROLINA "EXHIBIT "A" LEASE AGREEMENT

COUNTY OF WAKE

THIS LEASE AGREEMENT, made and entered into this /~ .o day of

_·~--·/~t@A~d~,~/~~J ________ , 1985, by and between the RALEIGH-DURHAM AIRPORT

AUTHORITY, a public body chartered by the General Assembly of North

Carolina under Chapter 168 of the 1939 Public~Local Laws, as amend-

ed, hereinafter referred to as 11 LESSOR," and the COUNTY OF WAKE, a

political subdivision of the State of North Carolina, hereinafter

referred to as "LESSEE. 11

That subject to the terms and conditions hereinafter set forth,

Lessor does hereby let and lease unto Lessee, and said Lessee does

hereby accept as Lessee of Lessor a certain tract of land situated,

lying and being in Wake County, North Carolina, comprising three

parcels totaling 33.185 acres, located south of the interchange of

Interstate 40 with Morrisville Road (S.R. 3015), the same being more

particularly shown on a plat and survey attached hereto and made a

part hereof, to develop a public recreation facility to be know as

"Lake Crabtree Park. 11

The terms and conditions hereinabove referred to are as

follows:

1. TERM. The lease shall be for a term of forty (40) years

commencing the 1st day of July, 1985, and, unless sooner terminated

as provided herein, all st and continue until the 30th day of

June, 2025.

2. RENTAL. As rental for said premises, Lessee shall pay to

Lessor, without notice or demand therefor, the sum of One Dollar

Page 7

($1.00) per year payable on or before the 1st day of each July for

the year then beginning.

3 . USE OF PREMISES. It is expressly agreed that the leased

premises shall, during the term of this lease, be used exclusively

for public recreational purposes. In this connection, Lessee cove­

nants and agrees that it will not institute fees and charges for use

of the property and/or facilities located thereon which are discrim­

inatory as to residents of Durham County, or restrict use of the

property and/ or facilities located thereon by residents of Durham

County.

4. RESTRICTIONS.

(a) Lessor shall have the option to terminate and cancel

this lease at any time Lessee ceases to use the leased premises as a

public park and recreational facility for a period of six (6) con-

secutive calendar months. In the event Lessor elects to exercise

this option, it shall immediately notify Lessee by certified mail,

return receipt requested, at its address shown herein, of Lessor's

intention to declare this lease terminated.

(b) Such restrictions as are made applicable by the terms

and conditions of the Memorandum of Agreement Between Wake County,

North Carolina and the Raleiqb-Durharn Airport Authority dated May

22, 1979 and recorded in Book 2738, Page 859 of the Wake County

Registry, to which reference is hereby made for a more particular

description of the same, as the same are applied to Raleigh-Durham

Airport Development Plan 523L adopted by the Authority on February

5 1 1981 and for which a Finding of No Significant Impact was

approved by the Federal Aviation Administration on July 7, 1981.

Page 8

(c) A perpetual 20-foot

(plus such temporary easements as

construction of the sewer line) to

wide

may

be

sanitary sewer easement

be required during the

retained by Lessor. The

location and alignment of said easement across the property herein

referred to shall be coordinated with and agreed upon by Lessor and

Lessee prior to construction of the sewer line in order to interfere

as little as possible with the planned development of Lake Crabtree

Park while providing economical routing of the sewer line and the

branch connections thereto by Lessor.

5. TAXES AND UTILITIES. During the term of this lease 1

Lessee shall be responsible for payment of all taxes and assessments

imposed upon the leased premises by any lawful authority and shall

provide and pay for all electric power, light, heat 1 water, sewer

and other utility charges upon said leased premises.

6. IMPROVEMENTS. It is understood and agreed that Lessee

accepts the leased premises in the same physical condition as exists

on the date of this lease agreement. Lessee may, at any time during

the term of this lease, erect upon said premises such buildings and

other improvements of a recreational nature as it may elect. On or

before the termination of this lease, Lessee shall be required to

remove from the premises any and all improvements made by Lessee

during the term of the lease and restore the premises to a condition

at least equal to that existing at the commencement of the lease

term, unless Lessor shall, at its sole option, elect to waive this

requirement by written notice to Lessee and permit said improvements

to remain on the premises.

7 • DAMAGE OR DESTRUCTION. Lessor assumes no obligation to

repair or replace buildings or other improvements on the leased

Page 9

premises which are damaged or destroyed by fire or other casualty;

but Lessee may, at its sole option and expense, cause said buildings

and/or improvements to be insured against loss and, in case of

damage or destruction, use all sums collected from such insurance to

repair or replace said buildings and/or improvements.

6. ASSIGNMENT AND SUBLEASING. Lessee shall not assign this

lease nor sublet any part of the leased premises without the express

prior written consent of Lessor.

9. EXTENSION OF LEASE. Not less than twelve (12) months nor

more than twenty-four (24) months prior to expiration of the term of

the lease, Lessee shall notify Lessor by certified mail of any

request to extend the term of this lease. Upon receipt of such

notification, Lessor agrees to negotiate with Lessee in good faith

for the continuation or extension of this lease under such terms and

conditions as may be mutually agreed upon. In the absence of

receipt of such notification during the designated period, Lessor

shall be free to proceed with other arrangements for use of the

property following expiration or earlier termination of the lease

term as Lessor shall deem appropriate.

10. CONDEMNATION. In the event that the leased premises shall

be taken in condemnation proceedings or by exercise of any right and

power of eminent domain, this lease shall terminate as of the date

of said taking, and all unearned rent at taking, paid in advance,

shall be refunded to Lessee and Lessee shall immediately surrender

possession of the leased premises to Lessor. The award for such

taking shall belong to Lessor, except that, in the event Lessee

expends any sums of money for improvements to the leased premises

which, when completed, constitute part of the real estate, the share

Page 10

of the net award represented by such improvements shall belong to

Lessee.

In the event that a portion of, but not all, of the leased

premises shall be taken in condemnation proceedings or by exercise

of any right and power of eminent domain and if, as a result of such

partial taking Lessee desires to remain in possession of the portion

of the premises not so taken, Lessee may elect to do so for the

remainder of the lease term under the same terms and conditions as

are herein provided.

11. NOTICE. All notices to Lessor or Lessee provided herein

shall be forwarded by certified mail, return receipt requested, as

follows:

LESSOR:

LESSEE:

Raleigh-Durham Airport Authority Route 1, Box 500 Morrisville, North Carolina 27560

County of Wake Office of the County Manager Wake County Courthouse P. 0. Box 550 Raleigh, North Carolina 27602

IN WITNESS WHEREOF, the parties hereto have caused this Lease

Agreement to be executed by their respective duly authorized

officials this the day and year first above written.

(SEAL)

ATTEST:

Harris, Jr., A Secretary LESSOR

Page 11

COUNTY OF WAKE

(SEAL) By: Vv1 , L~J ~~~6 M. Edmund Aycock~airman

Wake County Board of Commissioners

ATTEST:

C!J~r" /l. ~~ ~-, Alta B. Chalmers, Clerk to the

Wake County Board of Commissioners LESSEE

NORTH CAROLINA

COUNTY OF WAKE LEASE AGREEMENT AMENDMENT NO. 1

IJ THIS AMENDMENT I made and entered 1 nto this ~ day of r~-~ I

199~, by and between the RALEIGH-DURHAM AIRPORT AUTHORITY 1 a pub 1 body chartered by the General Assembly of North Carol1'na under Chapter 168 of the 1939 Publ1c-loca 1 laws, as amended 1 here1 nafter referred to as "LESSOR", and the COUNTY OF WAKE, a political subd1v1s1on of the State of North Carolina, hereinafter referred to as "LESSEE".

W I T N E S S E T H:

THAT, WHEREAS, on March 51 1985 Lessor and Lessee entered 1nto a lease agreement whereby lessor let and leased unto Lessee a certain tract of land situated, lying and being 1n Wake County, North Carolina, cons1sting of 33.185 acres, and located south of the interchange of Interstate 40 w1th Morrhvflle Road (S.R. 3015) [said road now being known &s Aviation Parkway (S.R. lOOZ)] on wh1ch Lessee later developed and now operates and maintains a pubHc recreational hc111ty known as 11 lake Crabtree Regional Park11

; and

WHEREAS 1 Lessee now desires to lease from Lessor that certain hereinbe­low described additional tract of land owned by lessor and, 1n conjunction w1th the North Carolina FATS Mountain Bike Club (hereinafter 11 tLC. FATS"), desires to establish, construct, operate and mainta1n thereon a system of trails for mountain bike use and general h1k1ng purposes; and

WHEREAS, notwithstanding the current and future effects of no1 se pro­duced by aircraft operations at and around Raleigh-Durham Internat1ona1 Air­port, Lessee desires to continue to use both the existing and the additional leased tracts of land for public park purposes; and

WHEREAS. Lessor and lessee hereby agree to amend the Lease Agreement of March 5, 1985 to include said add1t1onal tract of land and permit lessee to thereon establish, construct, operate and ma1nta1n such a system of trails.

NOW, THEREFORE, subject to the terms and conditions hereinafter set forth, Lessor does hereby 1 et and lease unto Lessee, and Lessee does hereby accept as Lessee of lessor that certain tract of land situated, lying and being 1n Wake County 1 North Carolina, consisting of approximately 148 acres, located adjacent to the aforementioned lake Crabtree Regional Park, and bounded by the southwestern right-of-way 11 ne of Interstate 40, the south­eastern right-of-way lfne of Av1at1on Parkway (S.R. 1002), the northeastern lease lfne of lake Crabtree and the access road leading thereto. and Lake Crabtree itself, the same being more particularly shown on the plat attached hereto as Exh1b1t A and made a part hereof and being here1nafter referred to as the "Leased Premises".

The terms and conditions herefnabove referred to are as follows and shall apply only to the tract of land which 1s the subject of this Amendment and not to the tract of land leased by Lessee from Lessor under the aforemen­tioned lease agreement of March 5, 1985.

1. IERM. The lease shall be for a term of five (5) years commencing on the 1st day of January, 1994, and 1 unless sooner terminated as provided herein, shall exist and continue until the 31st day of December, 1998.

2. TERMINATION AND CANCELLATION. Either party may terminate and can­cel thfs lease upon written not1ce to the other party sent by certified mail specifying the date of termination and cancellation thereof, sent not later than forty-five (45) days 1n advance of said date. In addition, Lessor shall have the opt1on to terminate and cancel this lease at any time Lessee ceases to use the Leased Premises as a public recreational facility for a period of sfx (6) consecutive calendar months. In the event Lessor elects to exercise this opt1on, 1t shall 1mmed1ately notify Lessee by certified mafl of lessor's 1ntent1on to declare this lease terminated.

3. RENTAL As rental for safd premises, Lessee shall pay to lessor, without notice or demand therefor, the sum of One Dollar ($1.00) per year payable on or before the 1st day of each January for the year then beginning.

4. USE OF PREMISES. It h expressly agreed that the Leased Premises shall, during the term of this lease, be used exclusively for public recrea­tional purposes. Such use shall be limited to establishment, construction, operation and maintenance of the system of trails shown on the plat attached hereto as Exhibit A. Said trails shall be made available for use and used by h1kers and mountain b1kers only. No other uses shall be perm1tted. No use of these trails shall be made by horses and riders, automotive vehicles, all­terrain vehicles, trucks, BMX bicycles, skateboards, rollerblades or other types of motorized or non-motorized means of personal transport. Lessee cov­enants and agrees that it will not institute fees or charges for use of the property and/or facilities located thereon which are discriminatory as to residents of Durham County or restrict use of the property and/or fac11it1es located thereon by residents of Durham County.

5. RESTRICTIONS.

(a) Such restrictions as are made applicable by the terms afid con­ditions of the MeJ!)orandum of Agreement Between Wake County, North Caro1ina and the Raleigh-Durham Airport Author1ty dated May 22, 1979 and recorded fn Book 2738, Page 859 of the Wake County Registry, to which reference 1s hereby made for a more particular description of the same as applied to Raleigh­Durham Airport Development Plan 523l adopted by the Authority on February 5, 1981 and for which a Finding of No Significant Impact was approved by the Federal Av1at1on Administration on July 7, 1981.

(b) Lessor reserves an unrestricted right of flight over and above the lands, and said lands shall not hereafter be used for any purpose which creates an Airport hazard, or which otherwise interferes with the present or any future aeronautical use of Raleigh-Durham International Afrport. Lessee expressly agrees that 1t will not assert any use of the property 1n any man­ner wh1ch could or would restrict ex1st1ng or any future Airport operations or development.

(c) A 40-year underground petroleum pipeline easement granted June 1, 1987 held by Colonial P1pe11ne Company and traversing the subject tract of land in a generally east-west d1rect1on as shown on the plat attached

. ·'

hereto u EMhfb1t A wHhtn which a 16-inch pipeline fs fnshlled. Lesse11 shall seek and recefve the permhs1on of Co1onh1 Pipeline Company to sHe trafls across sa1d pipeline easement prior to tak1ng any actfon to estab11sh those tra1h.

6. TAXES AND UTILITIES. During the term of this lease, lessee shall be respons1ble for payment of all taxes and assessments imposed upon the leased Premhes by any lawful authority and shall provfde and pay for all electric power, light, heat, water, sewer and other utility charges upon satd leased Premises.

7. IMPROVEMENTS. It is understood and agreed that lessee accepts the leased Premises in the same phystca1 condition as ex1sts on the date of thfs lease agreement. lessee may, at any t1me during the term of thts lease, es­tablish, construct and 1nsta11 upon such premises the system of tratls shown on the plat attached hereto as Exhtb1t A and any associated improvements of a recreational nature u H may elect subject to the terms and condttions of thts lease. lessor shall revfew and approve tn writing prfor to commencement of work all phns and specHications pertafntng to sa1d improvements. Such improvements shall be destgned and constructed so as to minimize adverse impact on the land and vegetation due to disturbance and loss of ground cover and standing vegetation, acceleratfon of stormwater drainage flow, soil ero­sion and sedfmentatton, etc. lessor assumes no responsfbility for maintenance and/or operation of the trail system and any assoc1ated improvements or for user safety and protection, for both of which lessee shall be fully responsi­ble. On or before the termtnat1on of this lease, lessee shall be required to remove from the leased Premises any and a11 improvements made by lessee dur­tng the term of the lease and to restore the premises to a condft1on at least ~qual to that exfst1ng at the commencement of the lease term, unless Lessor shall, at 1ts sole option, elect to waive thfs requ1rement by wrttten not1ce to Lessee and permit said improvements to remain on the premises.

8. INDEMNIFICATION. To the extent allowed by law, Lessee agrees to indemnify and hold harmless lessor against any and all claims or 1tabf11ty to thtrd parties arh1ng from lessl!e•s neg11gence fn fts use and occupancy of the leased Premises or the neglJgence of any user permitted by lessee to use the leased Premises.

9. ASSIGNMENT AND SUBLEASING. lessee shall not assign thls lease nor sublet any part of the Leased Premises without the express prtor written con­sent. of lessor.

10. _EXTENSION OF LEASE. Not less than sh (6) months nor more than twelve (12) months prfor to exptrat1on of the term of the lease, lessee shall notHy Lessor by certified matl of any request to extend the term of this lease for another period of ftve (S) years. Upon receipt of such not1ffca­tfon, lessor agrees to negotiate wtth lessee in good faith for the continua­tion or extension of thfs hue under such terms and conditions as may be mutually agreed upon. In the absence of rece1pt of such notHfcat1on during the designated period, lessor shall be free to proceed wtth other arrange­ments for use of the property following expiration or earlier termination of the lease term as lessor shall deem appropriate.

11. NOTICE. All notice to Lessor or Lessee prov1ded here1n shall be forwarded by certified mail, return receipt requested, as follows:

LESSOR: Raleigh-Durham Airport Authority P. 0. Box 80001 RDU Airport. North Carolina 27623

LESSEE: County of Wake Off1ce of the County Manager Wake County Off1ce Building P. 0. Box 550 Raleigh, North Carolina 27602

IN WITNESS WHEREOF, the parties hereto have caused this Lease Amendment to be executed by their respective duly author1zed officials th1s the day and year first above written.

ATTEST; (SEAL) RALEIGH-DURHAM AIRPORT AUTHORITY

'- ~·~ By::< ~

F. V. Allison, Jr., Chairman By: f)j~C.~

Marga t C. Riddle, Secretary

COUN~Y ,tWA E

By: liM Vernon Malon , Chairman

Wake County Board of Comm1ss1oners

This Instrument Approved as to Form

~~~$i·~~ lU .t :, County Attorney

Date

500

..,

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'. .-··,.~ '·..,.··'··I '!I

! .. ,. ... _ ... ..,

RALEIGH-DURHAM AIRPORT PROPERTY LEASED AREAS TO WAKE COUNTY

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40

QS.~:[l.IJWAU CO.DON;l OUW. m.m

·ll I

NORTH CAROLINA LEASE AGREEMENT AMENDMENT NO.2

COUNTY OF WAKE

THIS AMENDMENT, made and entered into this 16th day of April, 2001, by and between the RALEIGH-DURHAM AIRPORT AUTHORJTY, a public body chartered by the General Assembly of North Carolina under Chapter 168 of the 193 9 Public-Local Laws, as amended, hereinafter referred to as "LESSOR", and the COUN1Y OF WAKE, a political subdivision of the State of North Carolina, hereinafter referred to as "LESSEE".

WITNESSETH:

THAT, WHEREAS, on March 5, 1985 Lessor and Lessee entered into a lease agreement whereby Lessor let and leased unto Lessee a certain tract of land situated, tying and being in Wake County, North Carolina, consisting of33.185 acres, and located south ofthe interchange ofinterstate 40 with Morrisville Road (S.R. 3015) (said road now being known as Aviation Parkway (S.R. 1002)] on which Lessee later developed and now operates and maintains a public recreational facility known as "Lake Crabtree Regional Park"; and

WHEREAS, on February 3, 1994 Lessor and Lessee amended said lease agreement (by Lease Agreement Amendment No. 1) to permit Lessee to lease from Lessor an additional tract of ]and owned by Lessor on which, in conjunction with the North Carolina FATS Mountain Bike Club, Lessee would establish, construct, operate and maintain a system oftrai]s for mountain bike use and general hiking purposes; and

'WHEREAS, Lessee established and constructed, and thereafter has continued to operate and maintain, the said system of trails on the additional tract of ]and; and

WHEREAS, the tenn of the lease of s!tid additional tract of land was specified by Lease Agreement Amendment No. 1 to be five (5) years commencing on the 1'1 day of January, 1994, and, unless sooner terminated as provided therein, existing and continuing until the 31st day of December, 1998; and

WHEREAS, Lease Agreement Amendment No. 1 afforded Lessee the opportunity to request extension of the tenn of the lease for another period of five (5) years upon such terms as the two parties mutually agreed upon; Md

WHEREAS, by letter ofMarch 26,2001, Lessee's Property Officer requested extension ofthe term of the lease for an additional period of not less than five (5) years; and

WHEREAS, Lessor and Lessee desire to further amend said lease agreement, as amended by Lease Agreement Amendment No. 1, by this Lease Agreement Amendment No.2 to describe and reflect certain additional agreements between the two parties.

NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth to be kept and observed by the parties hereto, Lessor and Lessee do hereby mutually covenant and agree with each other as foHows:

County of Wake Lake Crabtree

-1- Aunendmnent~o.2 April16, 2001

1. This Lease Agreement Amendment No. 2 shall be associated with and amend Lease Agreement Amendment No. 1 only, and shall not modify or otherwise change the Lease Agreement ofMa.rch 5, 1985.

2. The term of the lease of the additional tract of land incorporated by Lease Agreement Amendment No. 1 only shaH be extended to exist and continue until the 31st day of December, 2003, unless sooner terminated as provided in said Amendment No. 1.

3. In all other respects, the Lease Agreement of March 5, 1985 and Lease Agreement Amendment No. 1 of February 3, 1994 shall remain unchanged and without modification.

IN WITNESS WHEREOF, the parties hereto have caused this Lease Amendment to be executed by their respective duly authorized officials this the day and year fm;t above written.

ATIEST: (SEAL)

By: ll;.~~ (T ec

ATTEST: (SEAL)

By: ______________________ __

Title

This Instrument Approved as to Form

County of Wake Lake Crabtree

Name

Title

Date

RALEIGH-DURHAM AIRPORT AUTIIORITY

COUNTY OF WAKE

By: --------------~-----------------Title

-2- AJnendr.nentNo.2 Aprill6, 2001

NORTH CAROLINA LEASE AGREEMENT AMENDMENT NO. 3

COUNTY OF WAKE

THIS AMENDMENT, made and entered into this 20lh day of November, 2003, by and between the RALEIGH-DURHAM AIRPORT AUTHORITY, a public body chartered by the General Assembly of North Carolina under Chapter 168 of the 1939 Public-Local Laws, as amended, hereinafter referred to as "LESSOR", and the COUNTY OF WAKE, a political subdivision of the State of North Carolina, hereinafter referred to as "LESSEE".

WITNESSETH:

THAT, WHEREAS, on March 5, 1985 Lessor and Lessee entered into a lease agreement whereby Lessor let and leased unto Lessee a certain tract of land situated, lying and being in Wake County, North Carolina, consisting of 33.185 acres, and located south of the interchange of Interstate 40 with Morrisville Road (S.R. 3015) [said road now being known as Aviation Parkway (S.R. !002)] on which Lessee later developed and now operates and maintains a public recreational facility known as "Lake Crabtree Regional Park"; and

WHEREAS, on February 3, 1994 Lessor and Lessee amended said lease agreement (by Lease Agreement Amendment No. 1) to pem1it Lessee to lease from Lessor an additional tract of land owned by Lessor on which, in conjunction with the North Carolina FATS Mountain Bike Club, Lessre would establish, construct, operate and maintain a system of trails for mountain bike use and general hiking purposes; and

WHEREAS, Lessee established and constructed, and thereafter bas continued to operate and maintain, the said system of trails on the additional tract ofland; and

WHEREAS, the tenn of the lease of said additional tract of land was specified by Lease Agreement Amendment No. 1 to be five (5) years commencing on the I 51 day of January, J 994, and, unless sooner tenninated as provided therein, existing and continuing until the 31 £' day of December, J 998; and

WHEREAS, the term of the lease of said additional tract of land was specified by Lease Agreement Amendment No. 2 to be five (5) years commencing on the 151 day of JanuaiJ' , 1999, and, unless sooner terminated as provided therein, existing and continuing until the 31st day of December, 2003.

WHEREAS, Lease Agreement Amendment No. 2 afforded Lessee the opportunity to request extension of the tenn of the lease for another period of five (5) years upon such terrns as the two parties mutually agreed upon; and

WHEREAS, by JeHer of October !, 2003, Lessee's Property Officer requested extension of the tenn of the lease for an additional period of not less than five (5) years; and

WHEREAS, Lessor and Lessee desire to further amend said lease agreement, as amended by Lease Agreement Amendment Nos. 1 and 2, by this Lease Agreement Amendment No.3 to describe and reflect certain additional agreements between the two parties.

County of Wake Lake Crabtree

-I· Amendment No.3 Nnvemhf'~ ?0 ?001.

NOW,TIJEREFORE, in consideration of the terms and conditions hereinafter set forth to be kept and observed by the parties hereto, Lessor and Lessee do hereby mutually covenant and agree with each other as follows:

I. This Lease Agreement Amendment No. 3 shall be associated with and amend Lease Agreement Amendment No. I only, and shall not modify or otherwise change the Lease Agreement ofMarch 5, 1985.

2. The term of the lease of the additional tract of land incorporated by Lease Agreement Amendment No. l only shaH be extended to exist and continue until the 31 51 day of December, 2008, unless sooner terminated as provided in said Amendment No. 1.

3. In all other respects, the Lease Agreement of March 5, 1985 and Lease Agreement Amendment No.1 of February 3, 1994 shall remain unchanged and without modification.

IN WI1NESS WHEREOF, the parties hereto have caused this Lease Amendment to be executed by their respective duly authorized officials this the day and year first above written.

(SEAL) ATTEZ I~ By: ---- _____.

e e~ary

ATTEST:

This Instrument Approved as to Form

N e

s~r -~~tr !Uf1 -- '7-r./; I J-,~ ~!2E!j_

Date

County of Wake Lake Crabtree

RALEIGH-DURHAM AIRPORT AUTHORITY

By: uaSJccfd/.y/ _ Chm/~

COUNTY OF WAKE

Wake County Board of Commissioners

-2- Amendment No. 3 November 20,2003

NORTH CAROLINA LEASE AGREEMENT AMENDMENT NO.4

COUNTY OF WAKE

THIS AMENDMENT, made and entered into this 18th day of June, 2009, by and between the RALEIGH­DURHAM AIRPORT AUTHORITY, a public body chartered by the General Assembly of North Carolina under Chapter 168 of the 1939 Public-Local Laws, as amended, hereinafter referred to as "LESSOR", and the COUNTY OF WAKE, a political subdivision of the State of North Carolina, hereinafter referred to as "LESSEE".

WITNESSETH:

THAT, WHEREAS, on March 5, 198.5 Lessor and Lessee entered into a lease agreement whereby Lessor let and leased unto Lessee a certain tract of land situated, lying and being in Wake County, North CaroHna, consisting of33.185 acres, and located south of the interchange ofinterstate 40 with Morrisville Road (S.R. 3015) [said road now being known as Aviation Parkway (S.R. 1002)] on which Lessee later developed and now operates and maintains a public recreational facility known as "Lake Crabtree Regional Park"; and

WHEREAS, on February 3, 1994 Lessor and Lessee amended said lease agreement (by Lease Agreement Amendment No. 1) to permit Lessee to lease from Lessor an additional tract ofland owned by Lessor on which, in conjunction with the North Carolina FATS Mountain Bike Club, Lessee would establish, construct, operate and maintain a system of trails for mountain bike use and general hiking purposes; and

WHEREAS, Lessee established and constructed, and thereafter bas continued to operate and maintain, the said system of trails on the additional tract ofland; and

WHEREAS, the term of the lease of said additional tract of land was specified by Lease Agreement Amendment No. 1 to be five (5) years commencing on the 111 day of January, 1994, and, unless sooner terminated as provided therein, existing and continuing until the 3 1 sr day of December, 1998; and

WHEREAS, the term of the lease of said additional tract of land was specified by Lease Agreement Amendment No.2 to be five (5) years commencing on the 151 day of January, 1999, and, unless sooner terminated as provided tberein, existing and continuing until the 31'1 day of December, 2003.

WHEREAS, the term of the lease of said additional tract of land was specified by Lease Agreement Amendment No. 3 to be five (5) years commencing on the 151 day of January, 2004, and, unless sooner terminated as provided therein, existing and continuing until the 31 11 day of December, 2008.

WHEREAS, Lease Agreement Amendment No. 3 afforded Lessee the opportunity to request extension of the term of the lease for another period of five (5) years upon such terms as the two parties mutually agreed upon; and

WHEREAS, by letter of May 26, 2009, Lessee's Property Officer requested extension of the term of the lease for an additional period of not less than five (5) years; and

County of Wake Lake Crabtree

-I- Amendment No. 4 June 18, 2009

WHEREAS, Lessor and Lessee desire to further amend said lease agreement, as amended by Lease Agreement Amendment Nos. I, 2 and 3, by this Lease Agreement Amendment No. 4 to describe and reflect certain additional agreements between the two parties.

NOW,THEREFORE, in consideration of the terms and conditions hereinafter set forth to be kept and observed by the parties hereto, Lessor and Lessee do hereby mutually covenant and agree with each other as follows:

1. This Lease Agreement Amendment No. 4 shall be associated with and amend Lease Agreement Amendment No. I only, and shall not modifY or otherwise change the Lease Agreement ofMarch 5, 1985.

2. The term of the lease of the additional tract of land incorporated by Lease Agreement Amendment No. l only shall be extended to exist and continue until the 3 l sl day of December, 2013, unless sooner terminated as provided in said Amendment No. 1.

3. In all other respects, the Lease Agreement of March 5, 1985 and Lease Agreement Amendment No. 1 of February 3, 1994 shall remain unchanged and without modification.

1N WITNESS WHEREOF, the parties hereto have caused this Lease Amendment to be executed by their respective duly authorized officials this the day and year first above written.

ATTEST: (SEAL)

By: t-< c~~(_; o. 'fvJ/~v Secretary

ATTEST:

County of Wake Lake Crabtree

RALEIGH-DURHAM AIRPORT AUTHORJTY

By: /1.o.CLIY' Chairman7---

::UNTYlljJ __ _ ~~

-2- Amendment No. 4 June I 8. 2009

County of Wake Lake Crabtree

-3-

NO FUNDS WERE ENCUMBERED FOR THIS CONTRACT AT THIS DATE.

L . ~ DATE • I I u (

SIGN~~~

Amendment No. 4 June 18. 2009

NORTH CAROLINA

LEASE AGREEMENT AMENDMENT NO.5 COUNTY OF WAKE

THIS AMENDMENT, made and entered into this 20th day of October, 2014, by and between the RALEIGH-DURHAM AIRPORT AUTHORITY, a public body chartered by the General Assembly of North Carolina under Chapter 168 of the 1939 Public-Local laws, as amended, hereinafter referred to as

"LESSOR", and the COUNTY OF WAKE, a political subdivision of the State of North Carolina, hereinafter referred to as "LESSEE".

WITNESSETH:

THAT, WHEREAS, on March 5, 1985 lessor and Lessee entered into a lease agreement whereby lessor

let and leased unto Lessee a certain tract of land situated, lying and being in Wake County, North Carolina, consisting of 33.185 acres, and located south of the interchange of Interstate 40 with Morrisville Road (S.R. 3015) [said road now being known as Aviation Parkway (S.R. 1002)] on which lessee later developed and now operates and maintains a public recreational facility known as "Lake Crabtree Regional Park;"

WHEREAS, on February 3, 1994 Lessor and Lessee amended said lease agreement (by Lease Agreement

Amendment No.1) to permit Lessee to lease from Lessor an additional tract of land owned by Lessor on which, in conjunction with the North Carolina FATS Mountain Bike Club (now in conjunction with

Triangle Off-Road Cyclists (TORC)), Lessee would establish, construct, operate and maintain a system of trails for mountain bike use and general hiking purposes;

WHEREAS, Lessee established and constructed, and thereafter has continued to operate and maintain, the said system of trails on the additional tract of land; and

WHEREAS, the term of the lease of said additional tract of land was specified by Lease Agreement

Amendment No. 1 to be five (5) years commencing on the t 1 day of January, 1994, and, unless sooner

terminated as provided therein, existing and continuing until the 3151 day of December, 1998;

WHEREAS, the term of the lease of said additional tract of land was specified by Lease Agreement

Amendment No.2 to be five (5) years commencing on the 151 day of January, 1999, and, unless sooner

terminated as provided therein, existing and continuing until the 3151 day of December, 2003;

WHEREAS, the term of the lease of said additional tract of land was specified by Lease Agreement

Amendment No. 3 to be five (5) years commencing on the 151 day of January, 2004, and, unless sooner

terminated as provided therein, existing and continuing until the 3151 day of December, 2008;

WHEREAS, the term of the lease of said additional tract of land was specified by Lease Agreement

Amendment No.4 to be five (5} years commencing on the 151 day of January, 2009, and, unless sooner terminated as provided therein, existing and continuing until the 31st day of December, 2013;

WHEREAS, Lease Agreement Amendment No.4 afforded lessee the opportunity to request extension of

the term of the lease for another period of five (5) years upon such terms as the two parties mutually agreed upon; and

County of Wake lake Crabtree

-1- Amendment No. 5 October 2014

WHEREAS, Lessor and Lessee desire to further amend said lease agreement as amended by Lease Agreement Amendment Nos. 1, 2, 3 and 4, by this Lease Agreement Amendment No. 5 to describe and reflect certain additional agreements between the two parties.

NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth to be kept and observed by the parties hereto, Lessor and lessee do hereby mutually covenant and agree with each other as follows:

1. This lease Agreement Amendment No. 5 shall be associated with and amend Lease Agreement Amendment No. 1 only, and shall not modify or otherwise change the Lease Agreement of March 5, 1985.

2. The term of the lease of the additional tract of land incorporated by Lease Agreement Amendment No. 1 only shall be extended for one {1) year, from October 20, 2014 until October 20, 2015, and shall renew automatically for successive terms of one (1} year unless sooner terminated as provided in said Amendment No. 1, including but not limited to either party's termination with forty-five (45} days written notice as described in Section 2 of said Amendment No. 1, or until the expiration or termination of the Lease Agreement of March 5, 1985, whichever is sooner.

3. In all other respects, the Lease Agreement of March 5, 1985 and Lease Agreement Amendment No. 1 of February 3, 1994 shall remain unchanged and without modification.

IN WITNESS WHEREOF, the parties hereto have caused this Lease Amendment to be executed by their respective duly authorized officials this the day and year first above written.

RALEIGH-DURHAM AIRPORT AUTHORITY

COUNTY OF WAKE

County of Wake lake Crabtree

-2-

Date

Amendment No. 5 October 2014

This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

County of Wake Lake Crabtree

-3-

Lessor Finance Officer

Amendment No. 5 October 2014