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HomeMy WebLinkAbout20010963 Ver 1_Conservation Easements Revised_20141120Herndon, Mason From: Griffin, Randy W Sent: Thursday, November 20, 2014 3:31 PM To: Lane, Stephen; brad. e.shaver @usace. army. mi1; Herndon, Mason Cc: Cox, Marissa R; Harris, Philip S Subject: Rowell Branch; Brunswick County Attachments: Eastbrook DOT CE 2014.pdf; EG Dale D &H Investors DOT Amended CE 2014.pdf; Rowell Branch CE Plat Map 2014.pdf All Attached are the 3 documents that were recently recorded with the Brunswick County Register of Deeds regarding the Rowell Branch Mitigation Property. The first is an agreement to amend the CE plat that was previously recorded across 3 separate properties. The second is the new Rowell Branch CE plat that covers all properties associated with the CE. The third is a new CE b/w Eastbrook LLC & DOT that places a CE on the 0.116 ac. within that property. Total CE on all properties is now 16.503 ac. The permit for R -2633C required 16.5 ac. from the Rowell Branch mitigation site. Once you have time to review, please let me know if you need additional information to satisfy the permits associated with R -2633C (Wilmington Bypass). Thank you for working with DOT to resolve the issues surrounding this mitigation site. Randy W Griffin Jr. PDEA Natural Environment Section -Group Leader N.C. Department of Transportation 1598 Mail Service Center Raleigh, N.C. 27699 -1598 Phone: (919) 707 -6121 Fax: (919) 212 -5785 rpriffin @ncdot. gov Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Z� 10 -3@ -2014 B3581 P0195 O II II�II II III 13:08:09.002 This certifies that there are no delinquent ad Brenda M. Clemmons PROP is oun y, C Register of Deeds page 1 of 13 valorem taxes, fees, assessments or other liens which the Brunswick County Tax Collector is charged with collecting, that are a lien on: Parcel Number 023,DW,:Q2 as notated by the Brunswick County Assessor's Office. This is not a certification Present I Re's- --- - thatthe parcel number matches the .deed F � j �yotal (w Int. description. �qQ / `-� Ic #_�— Cash '$ OCT Q gash $ Finance Date (Ass) Tax Col. / Del. Tax Spec. (�j l ortlon�c�u r Tom° llegible due to condition D cument to seals verified by original ir, ;; s.rnent that cannot be reproduced or copied. STATE OF NORTH CAROPNA P.I.N. # 219903008431 COUNTY OF BRUNSWICK�o���gQ PREPARED BY Thomas D Henn RETURN To: J Assistant Attorney General North Carolina Department of Justice Transportation Section 1505 Mail Service Center Raleigh, North Car 1 27699 -1505 ^n F-�\n��� THIS DEED OF EASEMENT, made and entered into this the /-"/ . day of Oclohp-r , 2014, by and between EASTBROOK LLC, whose address is Post Office Box 157, Leland, North Carolina 28541 (hereinafter called party of the first part) and the North Carolina Department of Tranrtation, whose address i 1598 Mail Service Center, Raleigh, North Carolina 27699 -1598 (hereir calle sCOnd part), ES �r4aQ That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid to the party of the first part by the party of the second part, the receipt of which hereby is acknowledged, the party of the first part has bargained and sold and by these presents does bargain, Sell and convey to the party of the second part, said party's successors and assigns, the follo easement to A perpetual, exclusivo the p a ahereinafter set forth over all lands described by Attachment A no n the lands o Eastbrook LLC" which is attached hereto and specifically incorporated herei reference. The conservation easement area comprising approximately 0 116 acres is also depicted as "Conservation Easement Area from Eastbrook LLC" on the survey dated July 11 2014 identified as "SURVEY OF R OWF. .T .'R RR ANCU CONSERVATION EASEMENT ON THE LANDS OFD E.G. DALE; D & H INVESTORS. INC., ,AND EASTBROOK LLC. FOR NORTH CAROLINA JM�n70�E��4QQ Col \\j 0-30-2014 196 13:08:09.002 ° KI Ilililllllllllil 83581 PO n Brenda M. Clemmons PROP NC Register of Deeds page 2 of 13 UJ ORIQIZP�62 14Q ?ORTATION," which has been recorded in Book at Page ster of Deeds for Brunswick County. The easement is hereinafter called the "Easement." The property over which said Easement is granted is hereinaf &filled the "Pro ' Mich is described more particularly in Deed Book 3083, Page 1364, and". ���,� , and Map Book 21, Page 421 of the Register of Deeds of Brunswi o - g � o0000000Aa A. The Easement is conveyed together with subject to the following terms and provisions: (1) The easement herein granted shall be perpetual and exclusive upon the Property and shall benefit the v of the second d its successors and assigns in the ownership of any property Wgtthe ° ny the party of the second part as of the date this instrume �quired by the party of the second part after the date this instrument i� e e °c "exidezirlin the watershed of the Cape Fear River or the North East Cape Fear Rl v ew Hanover, Bladen or Brunswick Counties, North Carolina. Said Easement is assignable. The party of the second part and its successors and assigns, shall have the right, from time -to -time, to designate the property and easements benefitted by this Easement, and likewise, from time -to -time, to withdraw and termini the benefit of this Easement as to particular property and easements. Said Easemenfoall be foTw1 purposes: retaining land or water areas predominantly in t ° or open condition; restoring previously altered land or water at� tural, Ibpen condition by altering, plugging and restoring ditches and drain wa ° , i the water table; diverting water flow; maintaining, restoring, enhancing or creating wetlands; planting and removing vegetation; and altering the location of roads and trails for the purposes of creating and/or enhancing wetlands, all done pursuant to a mitigation plan approved by the United States Army Corps of Engineers or other applicable governmental authorities, as such mitigation plan is from a -,to-time amen 2 The Easement �� i es al a or the purposes of ingress, egress, regress, d ths'latio enance of utilities to alter the Property by �' , access an oa digging, filling, cutting vegetation, planting vtation, altering and diverting waterways, raising the water tables, constructing and removing weirs and drainage devices, removing roads, creating wetlands, enhancing wetlands, activities altering the soil, topography, flora or fauna upon the Property, increasing water flow, decreasing water flow, and, in general, doing and perf6rTing any and all acts � by the owner of the Easement, or its successors or assigns, iii it so) 'p,e necessary or desirable in order to accomplish and maint i su. ed in the mitigation plan herein identified as from time -to -time ame *6 or e °EiidA6i enhance wetlands upon the aforesaid Property. The party of the first part r that such activities may have an effect upon the retained lands of the party of the first part and upon the Property and agrees that the party of the second part, their successors and assigns, shall not be liable for any damages caused to the retained property of the party of the first part or the Property caused by the activitimpermitted by this Easement. 01b n . 00000�ooaa °°moo vp�cgx�, 0000��o�oa B3581 P0197 13 -08 -09 002 n n �u I (I'�IIIIIII I III Brenda M. Clemmons PROP U J v�sO�s , NC Register of Deeds page 3 of 13 o col (3) The Easement herein granted also shall be for the purposes of entering upon the Property at any and all times for the purposes of conducting and performing environmental tests, earthwork, planting activities, inspections and the like to ensure the compliance of the Easem % with the miti (4) The Easement i ' ; �dTs as _,FL whole or in part, and the assignee of said Easement s ulre an d every right, easement and benefit as set forth herein. �& (5) The Easement herein granted by the party of the first part to the party of the second part includes the provisions set forth in Attachment B attached hereto and incorporated herein by ililkPence. n I� 6 The art of �� "�� have access to the Property through lands () party o o�000a adjoining the Property.��o cone part possesses an easement over, and has legal access to, said adjoining lands. ( 6 ce, see Deed Book 1337, Page 888 and Deed Book 1428, Page 1259 of the Brunswick County Registry.) B. The party of the first part hereby restricts the Property upon which the Easement is located as hereinafter is indicated. The benefit of such rest 'ctive covenant shall run to the owner of the Easement. None of the following ac ' ' 'Iea OA� e conducted by the owner of the Property upon the Property upon t ��s located (although such activities may by conducted by the owner of th e ac t ��hibited to the owner of the Property are: construction or placing of buildin s, Vro as necessary to maintain the project), r � � signs, billboards or other advertising, additional utility ines or other structures on or above the ground; dumping or placing of soil or other substances or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials; burning; removal or destruction of trees, shrubs or other vegetation; excavation, dredging or removing of loam, peat, gravel, soil, rock or other mineral substance . such manner a a�the surface; activities detrimental to drainage, flood control, water cons irg i n rol or soil conservation; or other acts detrimental to such retentio r wate�a.Q�ndustrial activity; residential use; commercial activity; construct U-Jlo�any lity, mobile home or other structure, signs, Y except interpretative signs identifying the ownershi the Property and the ownership of the Easement and signs giving directions or prescribing rules and regulations for the use of the Property; dumping of the soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery or other material on the Property; grading, filling, excavation, dredging, mining or drilling; removal of topsoil, s avel, rock, eat als or other materials; change in the topography of the Property; diki dr ' ,p 1"t �emoval of wetlands; pollution or discharge of pesticides or b' �o � .0 on of natural drainage patterns; subdivision, partitioning or dividing; hary =fir c("i i&i forestry purposes; cutting, removal, grazing, burning, mowing, farming or destructlo 14AVY vegetation; building roads or paving, or otherwise improving existing roads. These restrictions are against the owner of the Property and may, in addition to other remedies, be enforced by injunctive relief. The parties agree that in the event of a violation of the restrictive covenant, the at law remedies of the owner of the Easement are inadequate and that damagg pccurring as a result of any such violations would be irreversible. Mb n o 00000Zooaa bb 0000��o�oa B3581 P0198 13- 08- 09.002 �n O III I'IIIIIII!I III Brenda M. Clemmons PROP v O Br�h4"hty, NC Register of Deeds page 4 of 13 The foregoing restrictions are enforceable against the owner of the Property by the owner of the Easement and the Easement owner's successors and assigns and shall be enforceable in the manner set forth in N.C. Gen. Stat. § 121 -39 as from time -to -time amended. Notwithstanding any provision of said restrictive covenants, the owner of the Easement and its successors and assigns may do and perform and all acts d owner of the Easement or its successors and assigns, in their sole esirable in order to accomplish and maintain the goals outlined i ti n plap� time -to -time amended in order to create and/or enhance wetland pon the do erty. The parties agree that the benefits of the covenants set forth herein are assignable by the y of the second part in connection with the conveyance of the Easement. C. The parties agree as follows: &Ion (1) All notices by eithe n °e red or certified mail, return receipt requested to the addres a 1 0 ose addresses are: The party of the first part QZ�& Eastbrook, LLC Post Office Box 157 Leland, North Carolina 28451. &moo The party o`�� second N.C. Depa ion 1598 M; i ter UR§(0FF MU Raleigh, C. 2769 (2) In the event the party of the first part conveys the Property or any interest therein, the party of the first part shall notify the owner of the Easement of the name and address of the new owner of thF Property. or any interest therein; and (3) Upon any conveya c° rst part of the Property or any interest therein, the party of t'll ma�S,gnveyance specifically subject to the provisions of this docuhmi. UUG�O� p �Q�QQ D. The party of the second part agrees to allow the party of the first part, and a reasonable number of guests, the right to hunt upon the Property subject to reasonable rules and regulations imposed by the party of the second part. In such event, the party of the first part, its successors, heirs, and assigns agree to indlfy and hold the pay f -he second part and its successors and assigns harmless against all liabilltoss r claim arising out of any accident or injury occurring on the P .( r 1 ed, however, that Eastbrook, LLC shall not assign its rights hereunder an 00 hai °�o�t�6 ate a hunting company or club upon the Property without the prior written consene y of the second part, its successors or assigns. bz Qc��ro�r�r4aa Cpl n� �� , NC Register B3581 P0199 3 -08 :09.002 Brenda M. Clemmons PROP of Deeds page 5 of 13 E. The mitigation plan referenced herein is identified as follows: a compensatory mitigation plan for the Rowell Branch Tract prepared for the North Carolina Department of Transportation, June 1999. TO HAVE AND TO D the aforesai�nt, together with all privileges and appurtenances thereunto belongi t�� e r lctions hereinabove set forth to the art of the second part, said pr�gl; us orever. party =��s � l0 And the party of the first part covenants Q, its owns the Property upon which the foregoing Easement is located in fee, has the right to convey said Easement, that said Property is free and clear of all encumbrances and said party agrees to warrant and defend the title to said Easement against the lawful claims of all persons whomsoever. IN TESTIMONY W116 y, t part and the party of the second have caused this instrument to s jo)�tt in a manner so as to be legally binding, this the day and year first above wZ �G�o umappEc as EASTBROOK, LLC �e By- (Seal) 0 0 ale, resident STATE OF NORTH CAROLINA COUNTY OF � tra cs: VZ 0 < O v v F�� I, S 2APEI a Notary Public in and for said County and State, do hereby certify that on the / 9 da Q 4eo . 42 2 , 2014, before me personally appeared EZRA G. DALE, with whom I am personally acquainted, who, being by me duly sworn, says that he is Member and President of EASTBROOK, LLC, the limited liability company described in and which executed the foregoing instrument; that pursuant to valid authority said President scribed his name theretg; old that the said instrument is the act and deed of said limited liability company. Witness my hand and official 44 e 2014. �QO`1Q Notary Public Signature 0 ��14'�Too 10 -3 @ -2@ 14 131,581 n Piz l 13:08:09.002 renda M. Clemmons PROP Q^ �W NC Register of Deeds page 6 of 13 z� U� zQz NOT,gRy ©� , SEAL PVs� IC I� k S F IF6 V �7 e c) Printed Name of Notary Public NN '1111111�A0k S�q Cgp- <L � My commission] L h 3"Ja0 NORTH a STATE OF NORTH CAROLINA�� qQ COUNTY OF lu A we `=' Bv/ Tom TION DXanager, Right of Way North Carolina Denartn IF �Zgzz��[J' o a ��ar�r�c��caa DEPARTMENT OF (Seal) a Notary Public of U.ArV-1F-- County, North Carolina, do hereby certify that Tom Childrey personally came before me this day and acknowledged that he is the Manager of the Right ofa Branch for the North, rolina Department of Transportation, an agency of the State of Northolina �hority duly given, he executed the foregoing instrument. 717� uEoc "Ec al Witness my hand and official stamp or seal tliiy of OG+'Ob -✓ , 2014. Notary P ignature B0 $E�A- ' Printe e of Nota lic My commissio# expires: jQ ��a�r�r4aa \\j ltk O q� I� �O II �ounty, NC Register r ATTACHMENT A 83581 13 :08 014 P0201 13:08::009.002 Brenda M. Clemmons PROP of Deeds page 7 of 13 Professional Land Surveyor, Joyner Keeny. YLLC:, on page tollowing. \\j °nt, �p0 o 0��� %O,D� a RU 0202 10 -30 -2014 �@ 1309. PROP . Clemmons 0 UBr swiek County , NC Register page 8 of 13 g A"n aFg� =Afl 0G6, (D DDDDDQ big basement the Ia 01'G4C ZA9 ' a Conservation Easement A legal description of a conservation easement containing 0.116 acres being situated in Northwest Township, Brunswick County, North Carolina and being a portion of the lands owned by Eastbrook, LLC as described in Deed Book X083 Page 1364 and shown on a map recorded in Map Book 21 Page 421 of the Brunswick County Regis�i �qnd being identified as Tax 1 0300 -8431 and being more particularly described as follows �cq� DD Q Point of Beginning (POB) i �4; I�eb s stamped #75 being at the mouth of School House Br -W dtear t on of School House Branch and Sturgeon Branch (also known as Rowell Branch) being the southwest a Eastbrook, LLC land as described above and located on the northern line of the Pamela Robinson, Trustee lands as described in Deed Book 1393 Page 342 and shown on a map recorded in Map Book 3 Page 64, and being the southeast corner of the E. G. Dale, et ux lands as described in Deed Book 1854 Page 26 and shown on a map recorded in Map Book 6 Page 127 Thence, from the POB, aloesg E. G. Dale, et ux lands North 4,6* 5 13" East a distance of 134.14 feet to a 5/8" iron rebar set with alumif ap stamp r1 ei he E. G. Dale, et ux lands and across the Eastbrook, LLC Ea Sou as eLdi �e o'�f 48.26 feet to a 5/8" iron rebar set with aluminum cap stam�"- wing ac �� �jook, LLC lands South 36 °17'11" West a distance of 59.58 es 74 a ng t�e norgheastern most corner of the Pamela Robinson, Trustee lands, thence along t� he Pamela Robinson, Trustee lands North 89 °56'39" West a distance of 82.89 feet to a 5/8" iron r ar set with aluminum cap stamped #75 and being the Point of Beginning and containing 0.116 ACRES, more or less, and more completely shown on a map entitled "Survey of Rowell Branch Conservation Easement on the lands of E. G. Dale; D &H Investors, Inc., and Eastbrook, LLC for North Carolina Department of Transportation" dated July 31, 2014 by Joyner Keeny, PLLC of Rocky Mount, NC. All distances are ground horizontal distances in U.S. Survey Feet, unless othe �oted. MU"I � of Stephen R. W41fe _ GWz�Q Date Professional Land Surveyor (NC PLS # L- 32591 ,,,,,,,_ Joyner Keeny, PLLC N.C. Firm # P -0551 P.O. Box 7533 ' _'` SEAL _ 1051 North Winstead Aveae _ = L -3259 Rocky Mount, NC 27804��� th :$y Zj 252 - 977- 3124(office) �i 252-985-6026 (fax) www.noynerkeenv.com � Riti��JnOFFE= Page 1 0 Q ���D0zD \j Sr jjt� NC Regssier "QQ ATTACHMENT B B3581P0203 13:-08:M002 of Deeds page 9�of 13ROP STATE OF NORTH CAROL, �� � �J260, SERV�TION EASEMENT BRUNSWICK County �QQ THIS CONSERVATION EASEMENT DEED, made this day of 2014, by and between Grantor, and the S to of North Carolina, whose mailing address is N.C. D wenti, 1598 Mail Service Center, Raleigh, NC 27699 -159 � L:ga'74itions Grantor and Grantee as used herein shall include s ti '' fei heii & &9ors, and assigns, and shall include singular, plural, masculine i neuter as required by context. WITNESSETH: WHEREAS, pursuant to ` rovisions o ?lands "tat. § 143 -214.8 et seg., the State of North Carolina has Restoration Program (as defined in N.C. a ir - 214.8j e Department of Environment, and Natural Res ces (D oses of acquiring, maintaining, restoring, enhancing, and creating wetlannd riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, wildlife habitat, and recreational opportunities; and WHEREAS, pursuant d provisions of N. Stat. § 143 - 214.8, two of the components of the N.C. a . ion are (1) restoration and perpetual mai o e atV and surface waters and (2) land ownership anaot WHEREAS, Grantor owns in fee simple certain real property situate, lying, and being in Brunswick County, North Carolina (the "Protected Property "), hereinafter more particularly described; WHEREAS, Grantor is wi to �et�n Easement on the Protected Property, thereby restr, :one use of the Protected Property on the terms and con i o e piff&Y&Mreinafter set forth, and Grantee is willing to accept such easemegQ NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants andSonveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conation Easemet�.ature and character \j O UmopyM ag. ORIA � �a_ \\j i 3581 P @204 13- 08 :0 @14 II III III 13:08: @9 PROP r enda M • Cemm 0 of 13 'eaister of Deeds page and to the extent hereinafter set forth, over the Protected Property for the benefit of the people of North Carolina, said Protected Property lying and being in township, Brunswick County, North Carolina, and being more particularly described as follows: LEGAL DESCl�I� �r ed) J � - ' The purposes of the nservati�s t are to maintain, restore, enhance, and create a wetland and riparian resource one Protected Property that contributes to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Protected Property in its natural condition, consistent with these purposes; and to p�nt any use of the r e ted Property that will significantly impair or interfere wit he ieve these purposes, the following conditions and r ' 1 1 � et rt MOMMMI I. DURATION OF EAsl This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, its personal representatives, heirs, successor. and assigns, lessees, age and licensees. 'z�"�- �, --i II. PROHIBITED Oil r/ Any activity on, or use of, the Prots�s arty inconsistent with the purposes of this Conservation Easement is prohibited. The Protected Property shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. In addition to the fofegping, the fol �,ecific activities are prohibited, restricted, or reserved, as MoYMMaa A. Industrial Use. Induial acti "I'*i hibited on the Protected Property. 717 B. Residential Use. Residential use of the Protected Property is prohibited. C. Commercial Use. Co rcial activities are ibited on the Protected Property. D. Agricultural Use. Ag i raF-u � is prohibited. E. New Construction. There shall be no building, facility, mobile home, or other structure constructed or placed on the Protected Property. ��o��bb vp�cgxn' B3581 P0205 10 -30 -2014 13:08:09.0 02 Brenda M. Clemmons PROP lster of Deeds page 11 of 13 F. Signs. No signs shall be permitted on the Protected Property except interpretive signs identifying the conservation values of the Protected Property, signs identifying the owner of the Protected Property, and the holder of the Conservation Easement, and Signs giving directions or prescribing rules and regulations for the use of the Pr8led Property. Dumping c��qQ %O G. Dumping. Dum in h,� as ,waste, abandoned vehicles, appliance or machin, or oth" n the Protected Property is prohibited. �C/' H. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, mi s, or other materi ;=y d no change in the topography of the land in any m r e necessary for the purpose of combating erosion =ftifid values. I. Water Quality and Drainage PatterWi 'ng, draining, filling, or removal of wetlands, pollution, or discharge into waters, springs, seeps, or wetlands, use of pesticide or biocides, and disruption of natural drainage patterns is prohibited. J. Subdivision. Subdivision,!' n gitionin Protected Property is prohibited. 7(tl�d*[�e b 0 � K. Commercial Forestry. Harvestm�°'Cfor commercial forestry purposes on the Protected Property is prohibited. L. Vegetative Cutting. Cutting, removal, mowing, harming, or destruction of any vegetation on the Protected Property is prohibited, except as necessary to maintain the Property as a miti' tjon site over the, �ed five -year wetland monitoring period. q� The Grantee shall ha e righ e property at all reasonable times for the purpose of inspecting said property �&termine if the Grantor is complying with the terms, conditions, restrictions, and purposes of this conservation easement. The easement rights grated herein do not include public access rights. The Grantor may request iss' I�:�e above restrictions for good cause shown, provis request is consistent with the purposes of this Conservation e ,4e di �fdi ill not vary from the above restrictions without first obtaining �pproval from the N.C. Department of Transportation, whose mailing address is 1598 Mail Service Center, Raleigh, NC 27699 -1598. O II i l l 11 l III 83581 Poo, %M1,131,-3(.3-21.11.4 1:0:0002 ns PROP unswicVbZdUhW4AAC Register of Deeds page 12 of 13 III. ENFORCEMENT AND RE46IES A. In the event that Grantee determines that Grantor has violated or is threatening to violate any of these terms, conditions, or restrictions, the Grantee may institute a suit to enjoin su8ltvolation. oz Q B. No failure on the part 1t e Z genCf9yg�,-ZA�'qN"qovenant or provision hereof shall discharge or i . ate s t or an other covenant g � Y condition, or provision hereof or affect the right to ° fee to enforce the same in the event of a subsequent breach or default. IV. MISCELLANEOUS &INOA A. This Conservation Easemeo� all b t the purposes of N.C. Gen. Stat. § 143 -214.8 et s S —� � c��o�r�r4aa �IOG�G B. This instrument sets forth the entire agre W of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and Oe application of such Provision to persons or circumstances other than these as�gwhich it '1 invalid, shall not be affected thereby. C. Any notices shall be sent by reg�� %o�ified mail, return receipt requested, to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the party to whom the Protected Pro" or any prior to the time said transfer is subsequent lease, deed, or of tr Protected Property is convey created. V. QUIET ENJOYMENT and address and any p be transferred at or agrees to make any n any interest in the on Easement herein Grantor reserves all re4glats accruing from hip of the Protected Property, including the right to enge i ??� i ;w% e others to engage in all uses of the Protected Pro �i�ot ohibited or restricted 0 Fonservation herein and are not inconsisten h the t �Is Easement. Without limiting the generality of the foregoing or expressly reserves to Grantor, and Grantor's invitees and licensees, the right of access to the Protected Property, and the right of quiet enjoyment of the Protected Property. bz Fp� cz,�, QUhMPrEr4aa ���20qQ \,j I Till ll111l111 83581 P0207 10 -30 -2014 13:08:09.002 �n EI�Il1li1 Brenda M. Clemmons PROP runs�� NC Register of Deeds page 33 of 13 TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. And Grantor covenants with Grantee that Grantor is seized of the above described easements, rights, arid -,privileges; that =ei�ri shall have quiet and peaceable possession, use and enjo " t ed easement, rights and privileges, and that Grant r u suc ssurances thereof as p g y� y, may be required. (0000 IN TESTIMONY WHEREOF, the Grantor has caused this instrument to be executed in its name. n O � 4rr' ntor u\J UhMPrEr4aa O O O o 0��3 O 1%b IPA VIII 1111111111 N 51 RaLimons 0 -30 -2014 3:08:09 •PROP enda ick County, NC Register of Deeds page 1 of 7 � � O 1� t: Presen + - TataI F,cav Int. C� S Ck ;} Cash $ ��qQ _ _ __ Finance O [i Poitions of docu'nent are illegible due to condition VR%' n C�:r;:ument contains seals verified by original ��Cy &,rent ti�at cannot b:; reproduced or copied. lU STATE OF NORTH CAROLINA P.I.N. # 218904716329, X18904719740, 218904817634 COUNTY OF BRUNSWICK Q a=1 � c��o�r�r4aa PREPARED BY Thomas D. Henry & Assistant Attorney General RETURN To: North Carolina Department of Justice Transportation Section 1505 Mail Service enter Raleigh, North Caro 27699 -1505 �z 0 ��ar�aaaaca FIRST AMENDMENT TO VATION EASEMENT This First Amendment to Conservation Easement ( "First Amendment ") is made on this day of o.-4a ber , 2014 by and between EZRA G. DALE and wife ELEANOR H. DALE, hav' an address of Post Offi e Box 157, Leland, North Carolina 28451, and D & H INVESTO ZINC., had s of Post Office Box 157, Leland, North Carolina 28451, (hereinafter, q " tors "), and THE NORTH CAROLINA DEPARTMENT OF TRAM S , itsysuccassors and assigns, having an address of 1598 Mail Service Center, Raleigh, No 2 - ?9 -1598 ( "NCDOT "). The designation Grantor and NCDOT (collectively, the "Parties ") as used herein shall include said Parties, their heirs, successors, assigns, respective agents, executors, administrators, grantees, devisees, licensees, and/or all other successors as their interests may appear, and shall include singular, plural, mascu feminine or ne t�7r Tuired by context. � /_,v` By Deed of Easement recorded on October ; 4999 at Deed Book 1337, Page 888 in the office of the Brunswick County Register of Deeds, and by Deed of Gift recorded on January 16, 2001 at Deed Book 1428, Page 1259 in the office of the Brunswick County Register of Deeds (collectively, "Original Instruments "), NCDOT possesses an Easement for conservation purposes ( "Conservation Easement ") o upon, and across cert i real property owned in fee simple by �ao� O 8358100189 13:08:09.1001 III IIIIIII�II Brenda M. Clemmons PROP NC Register of Deeds page 2 of 7 Grantors ( "Property "). Grantors' Property and NCDOT's Conservation Easement thereon are more particularly described in the Original Instruments, said instruments being incorporated herein by reference. In light of newly acqui nformation, the �,utually desire to amend the Original Instruments with respect to thee' � �1Aubject to the Conservation Easement ( "Conservation Easement 1C6n asement Area was described in Attachment A to the Octobe I999 asement, and based on that description was comprised of approximately 16.47 acres. Base�fle new description set forth herein, the Conservation Easement Area is comprised of approximately 16.50 acres. The Parties agree that amending the description of the Conservation Easement Area is for the purpose of making techni,�corrections to the des s .ion and minor boundary adjustments, said purpose serving the best ini�js V'st �,',e Parties further agree that this First Amendment is mutually benef t with the Original Instruments, and will In no way interfere with the purpos�e� The Parties agree that the amendments, mutual obligations, promises and duties herein imposed or contained constitute adequate mutual consideration. The Parties agree thatgxcept as amended hereby, the Original Instruments shall remain, in all other respects, in full forLend effect 7t!l �"jnterpreted to give meaning to their provisions and to those contained h . F? NOW, THEREFO , in consi� sum of $10.00 (Ten and 00 /100 Dollars) to Grantors, and in consideration of other g consideration acknowledged by Grantors and NCDOT, the receipt of which is hereby acknowledged, and in further consideration of the mutual covenants, terms, conditions and restrictions contained herein, the benefits of which flow to NCDOT and Grantors from each other, Grantors and NCDOT hereby amend the Original Instruments and estali this First Amen ,7�to, Conservation Easement. The terms and condi 'Fir 4 t to Conservation Easement are as �I hereinafter set forth: / c ��`IOo��,�Q�Q� 1. Grantors grant and convey unto NCDOT and its successors or assigns, in perpetuity, a Conservation Easement as more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference, said description amending and superseding the des tion of the Conservatiasement Area contained in the Original Instruments. �ozv�z F F Z C �� OD 2. Grantors covenant an4 re o at Oiifif&ilie the sole owners and are seized of the Property in fee simple and have �W to grant, convey, and execute this First Amendment to Conservation Easement; that the Property and Conservation Easement Area are free and clear of any and all encumbrances, except easements and leases of record or as of the date hereto, which Grantors have made known to NCDOT; Grantors will warrant and dend the title against the lawful claims of all persons whomsoever; 44, J��o�r�r4aa � ��`�qQ 3 III 10 -30 -2014 13:09:09 ..0 01 B3581 P0190 Brenda M. Clemons PROP :ter of Deeds page 3 of 7 that Grantors and NCDOT have legal access f&the Property and the Conservation Easement Area; NCDOT shall have the use of and enjoy all of the benefits derived from and arising out of the.aforesaid Conservation Easement; and that the Conservation Easement conveyed shall run with the land and shall be made part of any transfer of title by Gr mss. This instrument sets rr� re o f e Parties with respect to the First Amendment and sups all ntemporaneous discussions, negotiations, or understandings relating to the First A=dd t. 4. This First Amendment shall run with the Property and shall be enforceable against Grantors and all future parties who have an interest in the Property in perpetuity. 5. The Original Instruments*r ame extent set forth herein. This First Amendment does not •r Bede the Original Instruments in any other way. Except as here Or$f'fuments shall remain in full force and effect and shall be interpreted ing to their provisions and to those contained herein. TO HAVE AND TO HOLD this First Amendment to Conservation Easement unto the NCDOT, its successors and a� s, forever, together with all and singular the appurtenances and privileges belonging or in any T�' ert fining t r o qQ �O IN WITNESS WHE ors andz � intending to legally bind each other, have set their hands on the dat first wri O INTENTIONALLi41VT BLANK. SIGNATURES CONTINUED ON PAGE FOLLOWING. ozv bzqQ zxO o 0� 3 Q�ln 77 7 T o 0��� 11o' l s iCount UE(D ��!egister GRANT: O NORTH CAROLINA f3rwn S W r c re'. COUNTY 8 Rkmons 0 1 :0001 PROP of Deeds page 4 of 7 (Seal) (Seal) vz a 1 c / County, North Carolina, do hereby certify that EZRA G. j =20zq� . DALE pers onally appeared before me this day and executed the foregoing msQ Witness my SEAL or seal this N day of & nl�_ �, cr•�_ , 2014. My commission expires: O �e n e Notary Public O INTENTIONALL�L�6T BLANK. SIGNATURES CONTINUED ON PAGE FOLLOWING. 1Q?Q O 83581 P0192 13 -08- 1 09001 Bruns' IIIIII'IIIIIIII Brenda M. Clemmons PROP , NC Register of Deeds page 5 of 7 GRANT�6R: D & H INVESTORS, INC. ��qd °_ (Seal) "ale, President Attest:]Q (Seal) leanor H. Dale, Sec etary NORTH CAROLINA t V"sw i e[z COUN I, � u fi� r �' -e �(, a Notary Public of &ttm s un C 14 County, North Carolina, do hereby certify that on this day before me personally appeared 12- W ,j, Dgle ! & {q+Dxy &ke with whom I am personally a& inted, ;who, bein duly sworn, says that he is President and that r ° D & H INVESTORS, INC., the corporation described in an ( e fare oing ifidf'he he ka�vs the common seal of said corpora ; t at ��afixdil o the foregoing instrument is said common seal; that the name of the corporation w cribed thereto by the said President;, -that the said President and Secretary subscribed their names thereto and the-same common seal,vas affixed, all by the authority of the Board of Directors of said corporation; and` that the said instrument is the act and deed of said corporation. Witness my hand and official t o� seal th' 2014. c��ro�r�r4a ' C U Notary Public i ature PURL A SEAL :4, . <•> � L1 4. .S e) t ° Printed Name of Notary Public 'l,It17,r,si 111i':i \' My commission ek ' mss: a /S- �Q INTENTIONALLY LEFT BLANK. \j Reuoa, R 1P0193 mrnons O9tpROp eds page 6 of 7 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ���0ze a" F a (Seal) a Childrey Manag ight of Way Branch North Carolina Department of Traispo ation NORTH CAROLINA &moo U) A V)6 COUNTY o as �� I, L1 s c , J , 'Pe r r , a[ y0 f 6J41A� County, North Carolina, do hereby certify that Tom Childrey personally c al :�_ me this day and acknowledged that he is the Manager of the Right of Way Branch for the North Carolina Department of Transportation, an agency of the State of North Carolina, and that by authority duly given, he executed the foregoing instrument. Witne s-•, y9L.and and official t ° �r seal this C# Uc b �a✓ , 2014. � a aJaO Notary Pub is ign e SE A-' ' ' -►�a. LA I J�' r r Printed Name of Notary Public My commission ees: d 1 asaUhWFFzCafl. � aao� o 6 �� °����qQ spa a 10 -30 -2014 B3581 F0194 II'I III'I �II 13:08:09.001 n Brenda M. Clemons PROP II�II � o C Register of Deeds page 7 of 7 EXHIBIT A CONSERVATION EASEMENT AREA Being all of that grope ty de ` S�d VE�OF ROWELL'S BRANCH g CONSERVATION EASEM IPLI qyLg.G. DALE; D & H INVESTORS, INC.; AND EASTBRO C. =CAROLINA DEPARTMENT OF TRANSPORTATION " as shown on a survey for Carolina Department of Transportation dated October 6, 2014 and recorded in Book % at Page 33 in the office of the Register of Deeds for Brunswick County, less and excepting the property identified thereon as "Conservation Easement Area from Eastbrook, LLC." \j OWFFECafl. °����qQ spa a a o F1 �� ° 01 1, spa a M C14L m, / n M _ i, Stephen R. 'Wolfe Professional Land Surveyor I I NORTH CAROLINA, NASH COUNTY \ \ DYSON No. L - 3259 certify: / \ / DR NAVASSA CITY I \ I I, Stephen R. Wolfe certify that this plat \ THAT THIS PLAT IS OF A SURVEY OF ANOTHER CATEGORY, / was drawn under my supervision from an actual survey \ I SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A / I made under my upervision (deed description recorded \ \ COURT- ORDERED SURVEY OR OTHER EXCEPTION TO THE / 1 I in Book S o page__ SEEM tc. other \ \ DEFINITION OF UB IVISION; I -- -_ - - -' (other); that the boundaries note rveyed \ SFgg OgRO CO gSTZ - a d LEGEND \ l I as drawn from informati � n i� EE MAP \ / , J Lines Surveyed I - - - - -- \ NF RqI - -- - - -- -= page-- SEE MAP ----- - -- — — � p g t t otio o as cal- —Lines Not Surveyed \ PROF SIONAL LAND SURVEYOR NO L - 3259 I I / culated is 1 : 1 oJG 0 la�epared Tie Lines Surveyed \ \ / <R �'�� Oq0 in accordance with` G.47- SU 6� � Witness m DB Deed Book \ l Y Page �I original signature, registration number and this MB Book o I - - - - - - - - - - - - -+ A. D. C AR� s� � 1 I - -- day of A D- - -- CMF Concrete Monument Found � `��• O�1H •••' ESS'••• / , 1 IPF �" Iron Pipe Found, unless otherwise noted P Y ------ - - - - -- RBC .Q p�. Seal or Stamp Surveyor: s,� Rebor, 36" long with Aluminum Cop set l �f- Y O JEF • � IRF Iron Rebor Found IJ_ SEAL I I _ _ _ . " "�' �, Registration Number: L - 3259 I � '�� CP Calculated Point NSF OKES � � 0�2 Now or Formerly - • r O��O.F SRO�� Q L-3259 Corned Stamped onto Aluminum Disk only EASTBROOK DR. •O �• _ /z" IPF Q� _ SEAL I L- 3259; ��� WALKER ST. *188886' ..�.`` n 19.6 RBC - \ -: : ?� l�'• aQS�QQ /1 I /z" IPF S $6'2 o e�p O /I w N/F 00 241.62.4 F L`s)F•• SUR`I�•�F ; E. G. DALE, et ux I 2 �A;yEN•R••..` NNSS MB 17704 PC 856 NOT ET °c I R. ? `` F R MB 22 PG 270 I / 1 1/2" IPF MB 70 PG 86 IPF 9 LF CORNERS 7,8 AND 9 ARE REMOVED MB 6 PG 27 INSET 0 1 /FROM THE ORIGINAL CONSERVATION EASEMENT S 78'0 3 NOT TO SCALE (D81428, PG1259; DBI337, F O Z \E VICINITYMAP PG888; M822, PG42) O7 $6 � , w cC I BY THIS SURVEY. 8 R M 1 /z" IPF \'Z5� 2 �) R �O z Pv' S s.2 10 / I 140 1 RBC /7 lo BC 11/2" IPF (9 B N/F RBC 1 20 1. HORIZONTAL CONTROL: THE HORIZONTAL POSITIONS FOR THIS PROJECT ARE BASED UPON INFORMATION PROVIDED RBC Q� ' Q RBC 19 D I I H INVESTORS, INC 20 RB BY THE CLIENT ALL COORDINATES ARE ON A LOCALIZED COORDINATE SYSTEM DEVELOPED T. BY NORTH CAROLINA DEPT OF TRANSPORTATION BASED ON THE STATE PLANE COORDINATES (FORMERLY MAINTENANCE, INC.) I N �J RB / I DB 1340 PG 1405 18 I ESTABLISHED BY NORTH CAROLINA GEODETIC SURVEY FOR MONUMENT PHOENIX 2" WITH NAD8311995 COORDINATES OF NORTH = 196121.992 FEET, EAST = 22781129.037 FEET. I DB 1275 PG 663 O NORTH CAROLINA RBC RBC l MB 70 PG 85 O DEPARTMENT 16 THE AVERAGE COMBINED GRID FACTOR USED (GROUND To GRID) IS 1.0000278997. I I MB 70 PG 85 OF TRANSPORTATION j/ RB PAa�cl� t� C�p�C � ( CONSERVATION EASEMENT) 2. COORDINATES SHOWN ARE LOCALIZED COORDINATES IN U.S. SURVEY FEET �`( REC°ROCD I 21 I v 1428 PPG 1259 I � / J. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES NOT GRID DISTANCES IN U.S. SURVEY FEET I 6 RBC /�J N ZS 125q , (3poC X33'1 ,Oq�,E see . Q / MB I7 / 22 o O 4. NO DETERMINATION HAS BEEN MADE BY THE SURVEYOR AS TO THE FOLLOWING: A. 100 -YEAR FLOOD LIMITS; B. WETLANDS, • C. UNDERGROUND STORAGE FACILITIES; ll ES RS I o RBC 7 MAP CMA Ft � D. GRAVES, CEMETERIES, OR BURIAL GROUNDS, E. HAZARDOUS WASTE 4�K rL I PC, yZ I (� / RBG N/F I E ` A��, S,oJs I O RBC v���n 5. THE AREA 1S COMPUTED BY THE COORDINATE METHOD. X`C� ��G I B 854EPG 26Ux OD(O w' ` I 12S S MB 70 PG 85 I-U 6. THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND THEREFORE DOES NOT NECESSARILY IND ICATE ALL ENCUMBRANCES ON THE PROPERTY. j 1129 127 / MB 22 PG 270 / I RBC I O F T t(E Su6p%.I%Sto.A l�f%V�' S 1 � 124 123 MB 60PC 27 NO TITLE SEARCH WAS PERFORMED BY THIS OFFICE FOR ANY REAL ESTATE INFORMATION SHOWN. IPF / � O I 23 of -Me '�o.•3 � OF � RV EiS,s A A. I -� 1 O IPF IPF 7. THIS PARCEL IS SUBJECT TO ALL EASEMENTS, RIGHT -OF -WAYS, AND RESTRICTIONS OF RECORD. ~ RBC IPF I / J �- 1t1- 3o- 't.Cr�1 I � N/F � _ _ Z.qO� IPF IPF 130 I � � 125 RBC G. DALE, — � IF 5 IPF/ �0�� 8. FIELD BOOK # 378 AND 383 9. DATE OF FIELD SURVEY. 16DEC2013 THRU 23JAN2014; AND 28JUL2014 IE. et u � /�� I 122 / 24 = �OM�AIy h�^ DB B 1854P C 26 132 131 10. CLIENT AUTHORIZING WORK. NORTH CAROLINA DEPT. OF TRANSPORTATION CORNER I I MB 22 PG 270 <2336� Co NORTHING = 191398.65 I IPF \ p / RBC 25 (NCDOT) LOCATIONS & SURVEYS OFFICE CENTURY I MB 60PC 27 �FZCag. EASTING = 2287476.85 / O 133 \ 3 O �✓ ��iQ IPF RBC 26 RIDGE DRIVE RALEIGH, NC 27610 WATSON MCNEILL, PE, PLS 919- 707 I IPF / 2 RBC \ �/ �� O 134 IPF 1 7 27 / / l IPF 117 I -6800 PEF COORDINATOR 1 2 B /l// ✓6y / 5//� / i RBC 17. NCDOT CONTRACT J/ 7000014251; PURCHASE ORDER J/ 6300035775 I BC RBC 135 I_ / RBC \ — \ 12 JOYNER KEENY PROJECT # 130768A 13 IPF — _ / \ / Q I P 116 IPF -��`_ ���� JOYNER KEENY FILE NAME: R- 99998 -CONS. ESMT ST1_1410o6.DGN, R -99998 -CONS. ESMTST2_741006.DGN & R- 9999B_CONS ESMT ST3_141006.DGN �/ Q _ EASTBROOK ESTATES _ � 139 / � HOME OWNERS ASSOCIATION, LLC I )Q Q 115 ( COMMON AREA 138 — o �`� 19 7 / IPF O a r ) `COMMON _ DB 2636 AREA J 7 / � j� Tl j 1 � PG 736 W g 137 I I I = MG 70 G�4C1 I IPF 114 O .! t? LAN 1� L IJG & `�U' _ liti1111� o ti IPF I ANN/t� '1'.,0 ! � � � IPF _ 20 5�CT1 N .3 �......,'y �� o 15 IPF / \ \ \ 1 —lP— S/ �000%� 7 IPF IPF \ -_C T / / p Gj•.���WORIfI�C�•• ��: I Z IPF / 5, / �O /V \ 4 ' �U�� 9 /� �5 J 113 \ 3 5 I `�� E,45TB/�OOK \ \ 9 � .35 951-3' 3 � O _ M / \ \ AW9 .3.3 PC 469 \�92 \ � 1 / �� /� - - _ _IPF .� INSET / / — _ k, i \ \ NOT TO SCALE 1051 North Winstead Avenue - P.O. Box 7533 C �. _ ��� \\ Rocky Mount, North Carolina 27804 ��' 1 s,. "OR ?SO--* ` I 8, \ P��� / HOME OWNERSOOASSOCIATEON, LLC �' 2 ��O� ------ STATE North Carolina Firm Number P -0551 `k" -\ 6' Woos yG \ `�- / (COMMON PG AREA ' SECT 1011 2 I �QQ 36 Office: 252.977.3124 Fax: 252.985.6026 ���111t1111 \ �O FENCE 138 �' \ \ \ \ \ �90`�` 0470 www.joynerkeeny.com l 1 \ 90 \ ^` �IiI5 .3.3 PC STATE OF NORTH CAROLINA - COUNTY OF BR UNSWICK \ �'� \ CONSERVATION EASEMENT AREA ' ' \ Survey of Rowell Branch Conservation Easement I, Review Officer ofBrunswick County, certify that �� \ \ G� \ N C D O 1`-"% C T _ 16-387 �- on the Lands of % E A S T B R O O K , L 6 the to AIL& \ map or plat this certification is affixed, meets all statutory requirements for recording. \ TOTAL + � MG�70G�G�4C�4Qa E. G. DALE; D &H INVESTOlZS, INC.; i AAA ,mss i / �T��F and EASTBROOK, LLC. \s \ SEE SHEET 2 OF 3 FOR METES AND BOUNDS. D to e 'ew ucer \\ IIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII Brend p� @33113:08:09.000 NORTH CAROLINA T Brunswick County, NC Register of Deeds page of 3 DEPARTMENT OF TRANSPORTATION CERTIFICATE OF OWNERSHIP - E. G. Dale, et nA R��TIFICATE OF OWNERSHIP - D Mstors, Inc. CERTIFICATE OF OWNERSHIP - Eastbrook, LLC STA TE OF NOR TH CAROLINA - COUNTY OF BR UNSWICK I (We) hereby certify that I am (we are) the owners) of the property described I �Weffiy ce (we �f ner(s) of the property described I (We) hereby certify that I am (we are) the owners) of the property described hereon, which property is being dedicated as a conservation easement this hereon 100 0 100 200 per w �sg sated as a conservation easement per this hereon, which property is being dedicated as a conservation easement per this Thus map tiled for registration this i[ ry of 20 map. T (We) free /y adopt and agree to this conservation easement as shown on n ettats��t�rs� 4 ) y . pt and rvation easement as shown on map. [(We) freely adopt and agree to this conservation easement as shown on this map. �i . acb. this map. at O C'la;k M, and duly registered in Book ,Page � Brunswick County Registry. � / �' , � ) _ a � SCALE: 1"= f 00' NORTHWEST ,� �- REGISTER OF DEEDS � — w Date Owner Date Owner Date TOWNSHIP, BRUNSWICK COUNTY, NORTH CAROLINA BY _ / 1 / ! , / 7 / � /1 I Assistant /Deputy DR Y. AWN B' RTP CHECKED BY: SRW DATE. • OCT. 06, 2014 DGN. R9999B CONS. ESMT STi_ 141006.DGN Owner Date ��wner Date ;'Owner Date o� �sqQ JOB NO: 130168A SHEET NO: 1 of 3 (y) r I ' II I 1 i i i I�I 7; i z 0 CORNER 361S REMOVED FROM THE ORIGINAL CONSERVATION EASEMENT oz (DBI428, PG1259; DB1337, PG888; MB22, PG42) N/ F BY THIS SURVEY. zm E. G. DALE. eT x 36 ti DB 1854 PG 26 DRAIN LJ MB 70 PG 85 PIPES . I ..I MB 70 G 86 \ �. MB 6 PG 27 RBC l RBC 38 27 --- 28 RBC 30 31 � -RBC 26 3 35 RBC 39 O 32 33 RBC RBC RBC 40 RBC 44 RBC RBC RBC RBC RBC 43 42 RBC 41 RBC INSET RBC NORTH CAROLINA NOT TO SCALE DEPARTMENT OF TRANSPORTATION ( CONSERVATION EASEMENT ) 41. �+ DB 1428 PG 1259 / 8' DB 1337 PG 888 '44 LINK MB 22 PG 42 02 FENCE _ "PF 2 RB 3� IPF 1U III IIO NOT F 103 � RBC 109 104 IPF RB 00 2 \ IPF Og 107 IPF 06 IPFc 5 IPF Ip 102 IPF IPF / IPF IPF IPF MI Q �c� X98 / G 470 /� N\ Q+ �I^PF o 6 I I � V >!� cIPF I RBC EASTBROOK ESTATES \ / \ - \O 66 .Zzr OQN /// 69 HOME OWNERS COMMONS AREA TON, LLB / \, / 6 5 ` I ��IS TB/ I �� /1 �a 68 )� IPF DB 2636 PG 736 / / \/ n \ I MB x...3.3 PQG J/,/ �� O / q�8', 10 OAK LAWN CEMETERY / \ \\ F FREY S TOK -- � -/ / 7 DB 162 PG 364 / / / \ / J� ES a� 1*4q �G�1�1`FC�1`FGaa /2" IPF IN CL DITCH &1% 45 �� T.1 RBC zgzxl -N Q 0 ?p N/F J ©�� -OQ DB G25 RBC MB 70 P G 70 PG 86 MB 6 PC 27 E RBC 48 <v via - z v � C� O ee � FF � U UF\5 9. 51 49 RBC; / TAB1ES OF METES AND BOUNDS i COR# TC -3Rss BEARING BEARING DISTANCE DISTANCE - 41 - 2 N 79 °12'57" E 74.12' 2 - 3 N 39. 15'26" E 33.85' 3 - 4 N 16 °14'16" E 109.55' 4 - 5 N 61 °14'11" E 98.55' 5 - 6 N 64 °06'39" E 120.63' 6 - 140 N 12 °44'04" E 142.95' 140 - 10 N 89 °35'52" E 122.80' 10 - 11 S 82 °09'18" E 55.41' 1112_ 1i 2 - 13 N 49 °25'46" E 78.46' S 81 °39'12" E 101.92' 13 - 14 S 85 °55'19" E 45.54' 14 - 15 S 22 °08'11" E 46.07' 15 - 16 S 44 °09'17" E 61.17' 16 - :7 S 39 °13'54" E 83.02' 17 - 18 N 14 °09'54" E 66.87' 18 - 19 N 14 °59'37" E 50.56' 19 - 20 S 72 °14'12" E 21.59' 20 - 21 S 06 °58'52" W 76.86' 21 - 22 S 14 °03'37" W 51.88' 22 - 23 S 55 °33'46" E 179.38' 23 - 24 S 45 °21'46" E 75.87' 24 - 25 S 67 °18'48" E 75.21' 25 - 26 S 66 °58'08" E 60.26' 26 - 27 S 75 °02'05" E 39.42' 27 - 28 S 76 °43'50" E 73.01' 28 - 29 N 54 °16'03" E 30.37' 29 - 30 S 44 °44'43" E 55.04' 30 - 31 S 63 °09'50" E 78.40' 31 - 32 S 56 °50'03" E 98.16' 32 - 33 S 70 °29'39" E 138.91' 33 - 34 N 43 °18'46" E 65.75' 34 - 35 S 76 °20'33" E 32.33' 35 - 37 S 87 °01'55" E 54.00' r 37 - 38 S 54 °19'09" E 61.13' 38 - 39 S 23 °08'25" W 30.98' 39 - 40 S 55 °25'26" W 49.62' COR# TO COR# BEARING DISTANCE DISTANCE 40 - 41 S 38 °43'19" W 29.94' 41 - 42 S 48 °57'02" E 85.87' 42 - 43 S 87 °19'27" E 55.88' 43 - 44 S 83 °52'54" E 69.55' 44 - 45 N 81 °53'55" E 69.00' 45 - 46 S 07 °06'58" E 78.22' 46 - 47 S 11 °24'17" E 77.79' 47 - 48 S 00 °08'51" W 97.77' 48 - 49 S 05 °28'35" E 83.76' 49 - 50 S 22 °22'58" E 112.53' 50 - 51 N 55 °02'28" E 103.52' 51 - 52 S 69 °32'47" E 36.20' 52 - 53 5 37 °07'02" E 35.21' 53 - 54 S 11 °30'08" W 47.59' 54 - 55 S 11 °54'55" W 46.25' 55 - 56 S 12 °33'44" E 86.05' 56 - 57 S 17 °17'27" W 66.51' 57 - 58 S 04 °34'30" W 82.79' 58 - 59 N 83 °23'25" W 97.02' 59 - 60 S 10 °58'41" W 43.00' 60 - 61 S 85 °50'02" E 87.23' 61 - 62 S 19 °49'43" E 28.82' 62 - 63 S 01 °23'12" W 24.47' 63 - 64 S 31 °36'18" W 42.31' 64 - 65 S 14 °00'25" W 40.28' 65 - 66 S 03 °45'10" W 31.60' 66 - 67 S 09 °13'04" W 49.36' 67 - 68 N 77 °57'54" E 11.29' 68 --69- S 70 °41'52" E 33.59' 69 - 70 S 48 °35'39" E 39.05' 70 - 71 S 17 °19'41" E 52.93' 71 - 72 S 28 °15'10" E 35.69' 72 - 73 S 24 °50'31" E 48.26' 73 - 74 S 36 °17'11" W 59.58' 74 - 75 N 89 °56'39" W 82.89' 75 - 76 S 89 °10'15" W 74.04' STATE OF NOR TH CAR OLINA - COUNTYOFBRUNSWICK Review Officer ofBnnswick County, certify that the map orplat to)slich this certification is affixed, rneets ill statutory requirements forrecording. I site Review Officef i V STATE OF NORTH CAROLINA - COUNTY OF BR UNSWICK This map tiled tor registration d , day of at__ O'clock M. and July registered in Book_. Brunswick C'ounn Regisu . ------,20 -- , 20 -_ . Page__ -- Rl OISTER OFDEBDS Assistant/ Deputy COR# TO COR# BEARING DISTANCE 76 - 77 S 70 °58'05" W 65.99' 77 - 78 S 88 °29'24" W 27.48' 78 - 79 N 23 °03'33" E -6.30' 79 - 80 N 29 °55'47" E 27.18' 80 - 81 N 06 °27'31" E 50.84' 81 - 82 N 07 °03'09" E 41.80' 82 - 83 S 89 °44'34" W 27.62' 83 - 84 S 77 °39'04" W 22.84' 84 - 85 N 02 °32'20" E 83.12' 85 - 86 N 08 °19'49" E 41.15' 86 - 87 N 03 °46'47" W 63.42' 87 - 88 N 04 °36'56" W 67.98' 88 - 89 N 20 °58'51" W 26.51' 89 - 90 N 23 °10'44" E 34.03' 90 - 91 N 82 °27'12" E 42.82' 91 - 92 N 05 °42'58" E 57.02' 92 - 93 S 57 °49'52" W 38.09' 93 - 94 N 05 °06'32" E 50.86' 94 - 95 N 34 °53'54" W 66.44' 95 - 96 N 46 °47'10" W 83.91' 96 - 97 N 15 °38'47" W 30.56' 97 - 98 N 15 °29'06" W 74.01' 98 - 99 N 09 °57'16" W 47.96' 99 - 100 N 21 °11'06" W 70.16' 100 - 101 N 39 °27'58" W 116.58' 101 - 102 N 26 °51'06" W 92.25' 102 - 103 N 52 °09'31" W 49.78' 103 - 104 N 79 °23'23" W 87.76' 104 - 105 N 89 °45'27" W 72.30' 105 - 106 N 55 °12'13" W 62.24' 106 - 107 N 67 °34'35" W 33.00' 107 - 108 N 68 °29'12" W 82.20' 108 -109 N 18 °17'13" W 37.81' 109 - 110 N 46 °57'47" W 44.09' 110 - 111 N 56 °10'35" W 55.85' 111 - 112 N 60 °51'47" W 98.69' 112 - 113 N 15 °39'31" W 56.40' 113 - 114 N 77 °26'20" W 110.32' 114 - 115 N 51 °19'41" W 54.84' 115 - 116 N 63 °47'06" W 84.64' 116 - 117 N 52 °21'55" W 121.09' 117 - 118 N 65 °17'59" W 46.09' 118 - 119 S 07 °11'28" W 96.02' 119 - 120 S 02 °49'52" W 76.39' 120 - 121 N 74 °36'57" W 65.33' 121 - 122 N 12 °33'43" E 232.93' 122 - 123 N 14 °27'55" W 46.27' 123 - 124 N 89 °50'58" W 27.56' 124 - 125 S 78 °52'03" W 45.47' 125 - 126 N 41 °52'34" W 71.24' 126 - 127 N 86 °16'41" W 38.01' 127 - 128 N 77 °51'56" W 62.36' 128 - 129 S 82 °00'34" W 66.44' 129 - 130 S 44 °21'12" W 97.50' 130 - 131 S 59 °27'14" W 37.59' 131 - 132 N 87 °19'11" W 46.77' 132 - 133 S 72 °41'22" W 175.76' 133 - 134 S 38 °36'34" W 56.06' 134 - 135 S 51 °48'46" E 33.73' 135 - 136 S 23 °54'54" W 28.45' 136 - 137 S 23 °19'54" W 118.30' 137 - 138 N 47 °51'25" W 57.67' 138 - 139 N 45 °53'42" W 59.54' 139 - 1 N 45 °53'42" W 73.84' �Z�4 RBC ti1Q 98 LEGEND Lines Surveyed - - - - Lines Not Surveyed Tie Lines Surveyed DB Deed Book PG Page MB Map Book CMF Concrete Monument Found IPF 114" Iron Pipe Found, unless otherwise noted RBC X' Rebar, 36" long with Aluminum Cop set IRF Iron Rebar Found CP Calculated Point N/F Now or Formerly 52 Corner # Stamped onto Aluminum Disk only �'---)-4 ------------------- Stephen R. Wolfe, PLS NO. L - 3259 2" IPF 52 RBC 53 RB RBC 54 RBC 55 RBC 56 R� H CARO SEAL 7 L -3259 UR R. 97 RBC 57 J. n C) ,)3 2 70 IPF 6 °X6" CMF iy. o / 96 txl IPF V N� JJJ � PF 94 58 pERp� Pto �P PG�65� E J` D 1 O 59 RBC 0 296 /z IRF �9 I IP RBC 6 RBC RBC ��' i- 0. \ B C 62 `r, \ RBC RBC I 12" IRF RBC S. 60 RBC 63 N/F �f E 90 E. G. DALE, et ux 91 DB 1854 PG 26 IPF RBC 64 MB 2a PG 270 IPF MB 70 PC 86 9 MB 6 PG 27 uu�oc���c��aa 88 IPF RBC 65 O 3 < RBC 87 68 69 <n IPF 67 70 ti RBC RBC RBC RBC 71 ASTBROOK, LL IPF DB 3083 PG 136 CN�?a B RC DB 419 PG 630 CONSERVATION EASEMENT MB 21 PC 421 AREA FROM RBC IPF 85 EASTBROOK, LLC = 0.116 AC. 72 RBC 73 ,_.i IPF •4j \V. IPF IPF o� V' IPF 84 81 y M RBC RBC 74 RBC 75 '1 qQ RBC M u u�or�r��c��aa Q 79 RBC RBC O \ TBROOK ESTATES \ \ RBC PAMELA ROBINSON, TRUSTEE EAS \ NERS ASSOCIATION, LLC COMMON AREA \O 77 DB 1393 PG 342 ( 1 DB 2636 PC 736 78 MB 3 PC 64 IIIIIIII 1111111IIII IIIII II II III I II III Bre P00 lem ons Brenda mg 1PLAT Brunswick County, NC Register of Deeds page 2 of 3 ,ilI1' 1 , O / G NE�sy�Q E 1 a `�.N p�,ANNIH `+ O'l',. CONSERVATION EASEMENT AREA PAGE Qs9 %ocK 1 ; ' ogle NCDOT TRACT = 16.387 AC. 2F o EAS f 3R00K, LLC. = 0. 1 16 AC. += U- : =- QJR't.%FIEt AS A� �xcE pa T P m TOTAL AREA = 16.503 AC. �".,. 2: 2 T IAA PR`k41S%oA o F THE S -► ('Ieg'q ufn to a3S 01F THE 0-10 of J* SIATE 0 yS0 DR SITE-- w NAVASSA CITY szgso RD C04's Nf ` Rgi�ROgD WALKER ST. VICINITY MAP (NTS) �� SING U�'��r.A 1051 North Winstead Avenue - P.O. Box 7533 Rocky Mount, North Carolina 27804 North Carolina Firm Number P -0551 Office: 252.977.3124 Fax: 252.985.6026 www.joynerkeeny.com Survey of RoweN Branch Conservation Easement on the Lands of, _ E. G. DALE; D &H INVESTORS, INC.; _ and EASTBROOK, C. _ FOR NORTH CAROLINA DEPARTMENT OF TRANSPORTA TION 100 o ioo zoo SCALE. I " = 100' NORTHWEST TOWNSHIP, BRUNSWICK COUNTY, NORTH CAROLINA DRAWN BY: RTP CHECKED BY.' SRW DATE: OCT 06, 2014 DGN: R9999B CONS. ESMT ST2 141006.DGN 1 JOB NO: 130168A SHEET NO: 2 of 3 I q- O .J� D ty) t*%* Q0017� v 9 ki tow '/2' IPF STATE OFNORTHCAROLINA - COUNTYOFBRUNSWICK IN DITCH I, A &a , Review Officer ofBrunswick County, certify that YS 0R N A V A S S A CITY the map or plat luck this certification is affixed, meets all statuto quir foecording LEGEND Lines Surveyed Lines Not Surveyed T DB Deed Book C S£gBOgRD OASrI�Nf w PG Page 0 MB Mop Book O R gI<RO u uO((1�C�1�ga CMF Concrete Monument Found IPF J14' Iron Pipe Found, unless otherwise noted Q RBC -X" Rebor, 36" long with Aluminum Cap set �QQ IRF Iron Rebor Found CP Calculated Point `r STATE OFNORTHCAROLINA - COUNTYOFBRUNSWICK N/F Now or Formerly O tiG 9� �� JEOKES ,9ti 52 Corner ,% Stamped onto Aluminum Disk only 6" filed for �A This map registra tion this day of , 20 •'�1! Ot,. 0 %, at O'Clock_ M, and duly registered in Book , pag F Brunswick County Registry. qo - , � EASTBROOK DR. REGISTER OFD �t7 E. G. DALE, et ux �\ NJnMO(�C��Qa Stephen R. Wolfe, PLS N0. L — 3259 DB 1854 PG 26 By., , Assis u �� 47 MB 70 PG 85 9< e WALKER ST. <V RBC MB 22 PG 270 Q7QQ 0 MB 70 PG 86 MB 6 PG 27 2" IPF ♦•••'����"��� •• i" CAR •, /r <`io AFB ;'••�� pFCSS.... /��'; Q� /01. 48 SEAL 9�� RBC L — 3 2 5 9 VICINITYA14P (N.TS) rr• �C) 51 52 � 0 � c��0���c��aa %r�••,SUR;�. • F�,•,: 49 s LJ �G�O� .,��Ajy�N,••. QQ ���•�n��••••• RBC RBC RBC 53 7 RB y'�p 00. RBC 54 F RBC n 50 RBC NORTH CAROLINA RBC 98 DEPARTMENT OF TRANSPORTATION IPF ( CONSERVATION EASEMENT) DB 1428 PG 1259 DB 133T PG 888 97 MB 22 PG 42 RBC s ~ IPF 6 "X6" CMF i p��20• IPF 96 ��0���q + ��� P F 95� i OR,GNj _►- F S PF P��0 SEMEN i 74 / ls2 58 �, 65 NJnMO(��C�17Qa I pER pND p6 / . 94 I " IRF s 6 O 92 59 RBC pe 29 �,�� /2 r 7a 7 IPF RBC BC RBC B 62 \ 93 RBC RBC '/2" IRF RBC E 60 63 N/F RBC E� 90 IPF 91 E. a 854PPC et CJ `�RO RBC 64 22 PC E EN MB 0 G 860 �P � IPF MB 6 PG 27 � �LCC C�IJ(n"IOC�(i'1�C�1�Qa � 88 j,- J & LAND S , �J ,,tCi ll RBC 65 ,� �D�419 PG 0 IPF 4 MB 21 PG 2 4 XX�CZQQ 66 to RBC @ M w 87 68 IPF 67 RBC RBC O �� RBC RBC 86 71 IPF RBC ��qQ /�� 1051 North Winstead Avenue — P.O. Box 7533 X 4 RB 0 85 IPF 72 O 09097 =9. Rocky Mount, North Carolina 27804 North Carolina Firm Number P -0551 \ RBC OGS EQ.4ra/�oo�i' Office: 252.977.3124 Fax: 252.985.6026 82 73 �77�`l1Q i WWW.joynerkeeny.COI71 3 \ 83 O �^;yo CONSERVATION EASEMENT AREA FROM f EASTBROOK. LLC = 0.116 AC. IPF o, "�'� IPF IPF 81 74 1, 0-30-2014 Survey of Rowell Branch Conservation Easement RBC RBC IIIIIIII I III VIII VIII II R Brenda M. Clemmo08 09.P000T B0086 P0035 I 80 RBC 75 Brunswick County, NC Regi of Deeds page / RBC ��4 \� J on the Lands of \ RBC NJ�70�����Qa ' E. G. DALE; D &H INVESTORS INC. \ \ T9 EASTBROOK ESTATES RBC �G�O� � and EASTBROM LLC ,--'' HOME OWNERS ASSOCIATION, LLC \BC 77 N/F AREA FOR DBO 636NPG 736 78 PAMELA ROBINSON, TRUSTEE NORTH CAROLINA DB 1393 PG 342 i r�oep `0 MB 3 PG 64 — DEPARTMENT OF TRANSPORTA TION see., MAp toov+ rLI ,�iiiiil�/1ff Its' 17uv `r, ('NE PA+aJ�S�w+a� of, �``• QLANN4,+�'� '' X41 100 0 100 200 PRs,'E 4'l- &.sAt.�C -CGS At, '�N£ -P, o� ��� `. a '..•Q�� wo��.,�.9 = of �G�O CONSERVATION EASEMENT AREA c ��7Q�QQ SGALE: f "= f00' �a pQ�� •�'9sy NCDOT TRACT = 16.387 AC. ± NORTHWEST TOWNSHIP, BRUNSWICK COUNTY, NORTH CAROLINA . ,,,,,,,.,.. -•-- ` : K w EASTBROOK, S T B R 0 0 K , LLC . = 0. 1 1 6 A C . ± C) S S`�" rr, TOTAL AREA = 1 6.503 AC. ± AWN B' RTP DR Y. CHECKED BY: SRW DATE. • OCT. 06, 2014 `. •: ? �",r'r *• ....• G CG DGN. R9999B CONS. ESM7TST3 141006.DGN JOB ND: 130168A SHEET NO: 3 of 3 frS7AT OF,N��\` ��QQ SEE QF� 1��OR TABLES OF METES AND BOUNDS. LJ