20081473 Ver 2_Conservation Easements_20091011

800X2308 PA81640
DRAWN BY AND AFTER
RE[70RDIN RETURN TO:
DAN E. PE
P. O. DRAWER 1475
KINSTON, NC 28503-1475
NORTH CAROLINA
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Doc ID: 004403020010 TVPn: CRP
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Recorded: 04/28/2005 at 04:32:44 PM
Fee Amt: 843.00 Page 3 of 10
MAYNE COUNTY. NC
LOIB J MOORING REGISTER OF DEEDS
` 2308 PG640-649
WAYNE COUNTY CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made thisda
ofuui, 2005, by and between EBX-NFUSE I, LLC, with an address of 10055 Red
Run Boulevard, Suite 134, Owings Mills, MD 21117-4860 ("Grantor') and NORTH
CAROLINA WILDLIFE HABITAT FOUNDATION, INC., with an address of P.O. Box 29187,
C msboro,NC 27429-9187 C'Grantee').
The designation Grantor and Grantee as used herein shall include said parties, their
personal representatives, heirs, executors, successors and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context,
RECATIAL-S
WHERF,AS, Grantor owns in fee simple approximately 188.583 acres oi' certain real
property situate, lying and being in Wayne County, North Carolina, and more particularly
described as the.Conservation Easement Area in E b't (the "Property,);
WHEREAS, Grantor and (xrantee recognize the conservation value of the property in its
present state as a scenic, natural and rural area that has not been subject to significant
development and as a significant area that provides a "relatively natural habitat for fish, wildlife,
or plants or similar ecosystem" as that phrase is used in Section 170(h)(4)(A)(ii) of the Internal
Revenue Code;
WHEREAS, Gnintor and Grantee further recognize the conservation and open space
value of the Property in its present state, the preservation of which (a) is pursuant to local, state
and federal government policy and will provide for scenic enjoyment of the general public and
(b) will yield significant public benefit;
WHEREAS, pursuant to the Mitigation Agreement between North Carolina Department
of Transportation ("NCDOT'J and EBX-Neuse 1, LLC, owns the Property and has restored or
600X2 3 0 8 PASE6 41
intends to restore certain wetland and stream mitigation areas on the property and EBX Neuse 1,
LLC in turn will be using the Property to mitigate unavoidable stream and wetlands impacts
detailed in one or more permits (the "Permits') which may be issued hereafter by the United
States Army Corps of Engineers, Wilmington District (the "Corps") for wetland and / or stream
impacts by the North Carolina Department of Transportation ("NCDOT"), and
WHEREAS, Grantor has agreed to grant and convey a perpetual conservation easement
over the Property, thereby restricting and limiting the use of the Property on the terms and
conditions and for the purposes hereinafter set forth;
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein for other good and valuable consideration, the receipt and legal sufficiency of
which is hereby acknowledged Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity a fully transferable
Conservation Easement of the nature and character and to the extent hereinafter set forth, over
the Property together with the right to preserve and protect the conservation values thereof, as
follows:
ARTICLE L
PURPOSES
The purposes of this Conservation Easement is to preserve and protect the conservation
values of the Property and the natural character of the Property. To achieve these purposes, the
parties hereto agree to the conditions and restrictions set forth hereunder,
ARTICLE if.
DURATION EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land, is fully assignable, and is enforceable by Grantee, its
successors or assigns, against Grantor, Grantor's personal representatives, heirs, executors,
successors and assigns, lessees, agents, invitees and licensees.
ARTICLE Ul.
PROHIBITED RESIERICTED ACTIVITIES
Any activity on, or use o£ the Property inconsistent with the purposes of this
conservation Easement is prohibited. The Property shall be preserved in its natural condition
and restricted from any development that would impair or interfere with the conservation values
of the Property.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved unless otherwise authorized by the Corps:
A. DDi nce of Natural Features. Any change, disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native plants and/or
animal species is prohibited.
BQOK2 3 0 8 PA6E6 4 2
B. d den Therc shall be no constructing or placing of
any building, mobile home, asphalt or concrete pavement, billboard Or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary ar
permanent structure or facility on or above the Property. Residential use of the property is
prohibited.
C- In"MiAl and Comm ia1 . Industrial and/or commercial activities, including
any right of passage used in conjunction with commercial or industrial activity, are prohibited on
the Property.
D. azin articul . Agricultural, grazing, and
horticultural use of the Property is prohibited.
E. Silvicul Use and Land Clean g, There may be no destruction or cutting of
trees or plants on the Property, except to control insects and disease or except as otherwise
provided herein.
F. Si Display of billboards, signs or advertisements is prohibited on or over
the Property, except the posting; of no trespassing signs, signs identifying the conservation values
of the Property or other permitted use of the Property and/or signs identifying the Grantor as
owner of the Property and Grantee as the holder of a Conservation Easement on the Property.
G. IhMing or ' =e. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous
waste, or any placement of underground or aboveground storage tanks or other materials on the
Property is prohibited.
H. lwneral Use Excavation. !Mgips. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals
or other materials, and no change in the topography of the land in any manner on the Property,
except to restore natural topography or drainage patterns.
I. Water Ouali and Drainage atte_rn. There shall be no activities conducted on
the Property that would be detrimental to water purity or any of the plants or habitats within the
Property or that would alter natural water levels, drainage, sedimentation and/or flow in or over
the Property, or cause soil degradation or erosion.
1. Subdivision. Subdivision, partitioning, or dividing the Property is prohibited.
K. Ve a tive Cuttine. Cutting, removal, mowing, burning, harming or destruction of
vegetation on the Property is prohibited except: (1) in instances where such activities are
deemed necessary for the health and safety of nearby residents or the general public, but only if
such activities are approved by the Grantee, (2) when considered necessary for the continued
maintenance of wetland functions as approved by the Grantee, or (3) mowing existing paths or
roadways.
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ARTICLE IV.
GRANTOR'S ION AL RESERVED RIGHTS
The Grantor and its personal representatives, heirs, executors, successors and assigns
hereby reserves the right to quiet enjoyment of the Property, the rights to ingress and egress to
the Property, the right to continue such uses as exist as of the date of this grant not inconsistent
with this Conservation Easement and as shown on the survey recorded in Plat Cabinet M
Slide 4 $- D and Plat Cabinet 01 , Slide y s - E , of the Wayne County Registry and the
right to sell, transfer, gift or otherwise convey the Property in whole or in part, provided such
sale, transfer, gift or conveyance is subject to the terms of? and shall specifically reference, this
Conservation Easement and written notice is provided to Grantee in accordance with the
provisions herein below.
It is expressly understood and agreed that Grantor, including but not limited to its licensees,
guests, employees, representatives, successors, heirs and assigns, retains the right and privilege,
which rights and privileges shall not be abridged andlor restricted by any conservation activities
by Grantee, its successors, heirs and assigns pursuant to this agreement, to continue wildlife
activities presently enjoyed on the Property, specifically hunting, fishing, trapping and hiking.
In the event a plan is approved by the Corps or if activities are authorized in writing by the
Corps, the Grantor, and its authorized representatives, shall have the rights to enter the Property
to undertake such authorized activities to restore, manage, maintain, enhance, and monitor
wetland, stream and riparian resources on the Property ("Authorized Activities"). These
Authorized Activities include the planting of native trees, shrubs and herbaceous vegetation,
installation of monitoring wells, utilization of heavy equipment to re-grade, refill, and prepare
the soil, modification of the hydrology of the site, and installation of natural and manmade
materials as needed to direct in-stream, above ground, and subterraneous water flow. None of the
above-listed activities may be performed without specific written authorization by the Corps,
either as the result of an approved mitigation plan or a letter authorizing the activity to be
performed.
Furthermore, it is understood and agreed that Grantor has established farm paths in the Easemerrt
Area for ingress, egress and regp+ess (as shown on the survey recorded in Plat Cabinet Ih
Slide 4 5O , and Plat Cabinet rh , Slide #s_ k?• of the Wayne County Registry) to permit
Grantor to enjoy wildlife activities. Accordingly, Grantor, including but not limited to its
licensees, guests, employees, representatives, successors, heirs and assigns, shall remain entitled
to maintain the farm paths in their present condition without regard to the other terms and
conditions contained herein.
ARTICLE V.
GRANTEE'S RIGHTS
Grantee is granted the right to preserve and protect in perpetuity the existing condition
of the Property. Consistent with these rights, Grantee may monitor the Property to ensure
compliance with the terms of the Agreement to ensure that the existing conditions of the
Property have not been altered. Grantee is also granted the right to enter the Property for the
purposes of implementing and monitoring the Property and otherwise monitoring compliance
with the term of this Agreement.
80DK2 3 0 8 PAS16 4 4
ARTICLE VI.
ENFORCEMENT AND REMEDIES
A. Upon any breach of the terms of this Conservation Easement by Grantor, its
agents, persona] representatives, heirs, executms, successors, or assigns, which comes to the
attention of the Grantee, the Grantee may notify the Grantor in writing of such breach. The
Grantor shall have thirty (30) days after receipt of such notice to undertake actions that are
reasonably calculated to promptly correct the conditions constituting such breach. if the breach
remains uncured after thirty (30) days; the Grantee may exercise any, or all, or none of the
following remedies:
Institute suits to enjoin any breach or enforce any covenant by temporary
and/or permanent injunctions either prohibitive or mandatory and/or to
recover any damages from injury to any conservation values protected by
this Conservation Easement, including damages for the loss of scenic,
aesthetic, historic or environmental values and attorneys fees if Grantee
prevails; and
2. Require that the land be restored promptly to the condition required by
this Conservation F,asemcnt.
8. The Grantee has the right, but not the obligation, to prevent any activity on or use
of the Property that is inconsistent with the purpose of this Conservation Easement. Grantee's
remedies shall be cumulative and shall be in addition to any other rights and remedies available
to Grantee at law or equity. If Grantee, in its sole discretion, determines that circumstances
require immediate action to prevent or mitigate significant damage to the conservation values of
the Property, the Grantee may pursue its remedies without prior notice to Grantor, but shall
exercise reasonable efforts to notify Gruntor.
C. No failure on the part of Grantee to enforce any covenant or provision hereof
shall discharge or invalidate such covenant or any other covenant, condition or provision hereof
or affect the right to Grantee to enforce the same in the event of a subsequent breach or default.
D. Nothing contained in this Conservation Easement shall be construed to entitle
Grantee to bring any action against Grantor for any injury or change in the Property resulting
from causes beyond the Grantor's control, including, without limitation, fine, flood, storm, war,
acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action
taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to life, damage to property or harm to the Property resulting from such causes.
ARTICLE VII,
PUBLIC ACCESS
The making and imposition of this Conservation Easement does not convey to the public
the right to enter the Property for any purpose whatsoever.
BOOK2 3 0 8 PA616 4 S
ARTICLE VIII.
EXHIBIT, DMMENTATION AND TITLE
A. Wit. Exbit A, identifying the Property, is attached hereto and made a part hereof by
reference.
B. i tle. Grantor covenants and represents that Grantor is the sole owner of and is seized
of the Property in fee simple and has good right to make, declare and impose the
aforesaid Conservation Easement; that the Property is free and clear of any and all
encumbrances, except easements, leases, restrictions, rights of way, if any, and
government regulations of record.
ARTICLE IX,
MISCELLANEOUS
A. Subsequent Transfers. Grantor, for itself and his personal representatives, heirs,
executors, successors and assigns regarding the Property, further declares that the matters set
forth in this Conservation Easement shall run with the land comprising the Property and be
binding thereon, without the necessity to make specific reference to this Conservation Easement
in a separate paragraph of any subsequent lease, deed, or other legal instrument by which any
interest in the Property is conveyed.
B. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and
agrees, that in the event it transfers or assigns this Conservation Easement, the organization
receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and §
170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the
terms of the transfer or assignment will be such that the transferee or assignee will be required
to continue in perpetuity the conservation purposes described in this document.
C. Conservation Purimse.
1. Grantor, for itself, his personal representatives, heirs, executors, successors and
assigns, declares that this Conservation Easement is established exclusively for
conservation purposes, as defined in 26 U.S.C. Section 170(h)(4)(a).
2. Grantor declares that the terms of this Conservation Easement shall survive any
merger of the fee and easement interests in the Property or any portion thereof and shall
not be amended, modified or terminated without the prior written consent and written
approval of the Grantee and the Corps.
D, Construction Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth in N.C.G.S. § 121-34 et sett., which
authorizes the creation of conservation easements for purposes including the conservation
purposes of this Conservation Easement, including such purposes as are defined in 26 U.S.C.
Section 170(h)(4)(A).
E. Recording Grantee or Grantor shall record this instrument and any amendment hereto or
assignment of Grantee's rifts hereunder in the Registry of Wayne County, North Carolina and
0012308 PAE645
may re-record it at any time as may be required to preserve its right under this conservation
Easement.
F. Hazardous Waste. The Grantor covenants and represents that, to the best of Grantor's
knowledge, no hazardous substance or hazardous or toxic waste exists nor has been generated,
treated, stored, used, disposed of, or deposited in or on the Property.
G. Notiiceg. Any notices given under this Conservation Easement shall be in writing and
shall be delivered by depositing same in the U.S. Mail, certified, return receipt requested,
postage prepaid and addressed to the parties as set forth above, or to such other addresses any
such party may establish in writing to the others, pursuant to this notice provision.
H. Amendments. This Easement may be amended only by a writing, signed by Grantor and
Grantee, subject to approval of the Corps, and any such amendment(s) shall be effective upon
recording of such writing in the Registry of Wayne County, North Carolina
1. Severability. Should any provision of this Conservation Easement be declared by any
tribunal of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and
enforceability of the remaining parts, terms or provisions shall not be affected thereby, and said
illegal, unent'orceable, or invalid part, term, or provision shall be deemed not to be a part of this
Conservation Easement.
J. Governing Law. This Conservation Easement shall be governed by and construed in
accordance with the laws of the State of North Carolina.
K. Heading.. The headings contained in this Conservation Easement are for reference
purposes only and shall not affect the meaning or interpretation hereof:
L. Eminent Domain if the whole or any part of, or any interest in, the Property be acquired
or condemned by eminent domain or like power for any public or quasi-public use or purpose,
then this Conservation Easement shall be subject to the applicable statutory and connnon law
authorities regarding the condemnation, but only as to the part of the Property or interest in the
Property so taken. All damages awarded for the acquisition or condemnation of the Property, or
any part or interest therein, shall become the sole and absolute property of the owner of the
interest in land acquired or condemned by eminent domain at the time of condemnation.
"r0 HAVE AND TO HOLD unto Grantee, its successors and assigns forever. The
covenants agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid
shall be binding upon Grantor, Grantor's personal representatives, heirs, executors, successors
and assigns, and shall continue as a servitude in perpetuity with the Property.
IN WITNESS WHEREOF, the Grantor and Cnw tee hereto have set their hand and seals
and caused these presents to be executed in their respective names by authority duly given, and,
to the extent required, their corporate seal affixed, the day and year above first written.
806X2 3 0 8 PA6E6 4 7
?'Tsx-?i ,r I c
By: ?
rj { S_'FiL,
4C,}?? t
STATE OF
COUNTY OF
I? a Notary Public in and
for the County and Scare aforesaid, do hereby certify that
p G ? for E8X- NEUS? z, L LC
JY+?mcS 1• ?t ???/? r+ne, /, Grantor, personally appeared
before me this day and acknowledged the execution of the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary
Seal this the c? nd day of February, 2005.
tar y C611C
?t y 1M ML HURAMI
My commission expires: ! l ,3L?7S ??
fype?lenF?hs Way J,

BO K2308 PA6E648
NORTH CAROLINA WILDLIFE HABITAT
FOUNDATION, INC.
3Y: r ?M? -- i 1,} t
W. Harri on tewarC, Jr.. Grantee
reasurer
STATE OF NORTH CAROLINA
COUNTY of GUILFORD
e
I, be , a Notary Public in and for the County
and State aforesaid, do hereby certify that w. Harrison Stewart, Jr.,
personally appeared before me this day and acknowledged that he is
treasurer of North Carolina Wildlife Habitat Foundation, Inc., a
corporation, and that he as treasurer being authorized to do so,
executed the foregoing on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this
the day of February, 2005.
Notary Public
my commission expires: r?? +?.r•J'J Oq
IM1Uf
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OWwWrye
NORTH CAROLINA - Wuync county
The furcong certificate _jq _ _ of Thuy L. Hubany & Stephanie Renee' Parker
i (Yatal W-) Pabticbdam oertificd tO be COMM
Min, imummratt and this mrlibcadon ua duly ragistared at the datt uroe in the book and pa own an die first pugs hateoL
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tg15J.A4ODRING,Regiaffrojlhedr i tBy?Isr' KegiaierujDeeds
800K2 3 0 8 PA6E6 4 9
1%LUIIBTT "A"
BEING all that certain tract or parcel of land consisting of 188.583 acres, more or less, as
depicted on a survey entitled "CONSERVATION EASEMENT SURVEY FOR E.B.X. NEUSE
I, L.L.C. NAHUNTA SWAMP WETLANDS PROJECT" prepared by matrix East, PI.LC,
Christopher K. Paderick, L-4189, dated February 3, 2005, and recorded in Plat Cabinet (h ,
Slide N 5- D and Plat Cabinet __Slide 4 - E, Wayne County Registry. Reference to
said survey is hereby made and incorporated herein for a more detailed description by metes and
bounds.

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