19991173 Ver 1_Mitigation Information_20091105 (2)

Hill, Tammy
From: Steve Hoots [[e-mail]]
Sent: Thursday, November 05, 2009 1:08 PM
To: Hill, Tammy
Subject: DWQ 19991173
Attachments: DOC110409.pdf
This is the information I tried to send to you yesterday.
address now. This will be 1 of 2 emails.
Thanks.
-----Original Message-----
From: Steve Hoots
Sent: Wednesday, November 04, 2009 4:30 PM
To: [e-mail]
Cc: David Haggart
Subject: FW: Scanned from MFP-04436528 11/04/2009 17:04
I hope I have the correct email
Please find attached the information requested after a site inspection for project DWQ #
19991173 as described in a letter dated 9-18-09. I have enclosed the recorded easements for
the preservation and mitigation areas along with the Donation Proposal to the NC Wetlands
restoration Program and a copy of our general accounting ledger referencing payment of the
required fees. I will attach a letter from Ron Ferrell accepting the Donation Proposal and
the Corp permit in a separate e mail for your review. We assume that the NCWRP is responsible
for ongoing maintenance of both the stream and preservation area per the accepted Donation
Proposal. Please let us know if you require further information or clarification at this
time.
-----Original Message-----
From: Construction Toshiba Copier
[mailto:[e-mail]]
Sent: Wednesday, November 04, 2009 4:05 PM
To: Steve Hoots
Subject: Scanned from MFP-04436528 11/04/2009 17:04
Scanned from MFP-04436528.
Date: 11/04/2009 17:04
Pages:26
Resolution:300x300 DPI
----------------------------------------
PDF from Toshiba Copier 1WC Construction area
1
ROBINSON BRADSHAW & HINSON
WILLIAM W. TOOLE
CHARLOTTE OFFICE
DIRECT DIAL: 704.377.8373
DIRECT FAX: [phone]
WTOOLE@Q RBH,COM
March 28, 2003
MAR 8 1 2003
Stephen E. Hoots, PE
Childress Klein Properties
2800 One First Union Center
301 S. College Street
Charlotte, NC 28202-6021
Re: Conservation Easements
Dear Stephen:
I enclose copies of the Conservation Easements dated September 27, 2000. Please call if
you have any questions.
Sincerely,
W WT1spd
Enclosures
C-81769401 01479.01029
ROBINSON, BRADSHAW & HINSON, P.A.
W
illiam W. Toole
Attorneys at Law
Charlotte Office: 101 North Tryon St., Suite 1900, Charlotte, NC 28246 Ph: 704.377.2536 Fx: 704.378.4000
South Carolina Office: 1,10 East Main St., Suite 420, P.O. Drawer 12070, Rock Hill, SC 29731 Ph: 803.325.2900 Fx: 803.325.2929

STATE OF NORTH CAROLINA
MECKLENBURG COUNTY
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement"), made this Z? t
day of September, 2000, by and between CATO FAMILY REAL ESTATE LIMITED
PARTNERSHIP, a Georgia limited partnership (`.`Grantor") and the STATE -OF NORTH
CAROLINA whose mailing address is State of North Carolina State Property Office, 116 West
Jones Street, Raleigh, NC 27603-8003, ("Grantee"). The designations Grantor and Grantee as
used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine, or neuter as required by context.
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State
of North Carolina has established the Wetlands Restoration Program (as defined in N.C. Gen.
Stat. 143-214.8) within the Department of Environment and Natural Resources for the purposes
of acquiring, maintaining, restoring, enhancing, and creating wetland and riparian resources that
contribute to the protection and improvement of water quality, flood prevention, fisheries,
aquatic habitat, wildlife habitat, and recreational opportunities; and
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8, two of the
components of the Wetlands Restoration Program are (1) restoration and perpetual maintenance
of wetlands, riparian areas, and surface waters and (2) land ownership and management, and
WHEREAS, Grantor owns in fee simple certain real property situate, lying, and being in.
Mecklenburg County, North Carolina and more particularly described below as the Protected
Property; and
WHEREAS, Grantor is willing to grant this Conservation Easement on the Protected
Property, thereby restricting and limiting the use of the Protected Property on the terms and
conditions and for the purposes hereinafter set below, and Grantee is willing to accept such the
Conservation Easement;
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set out below, Grantor unconditionally and irrevocably hereby grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity, and subject to
existing easements of record and the terms and provisions of this Conservation Easement, an
easement of the nature and character and to the extent set forth below, over the Protected
Property for the benefit of the people of North Carolina. The "Protected Property" is located
in Providence Township, Mecklenburg County, North Carolina, and is more particularly
described on Exhibit A attached to and made part of this Conservation Easement by this
reference.
C-656550v05 01479 0[029
AND Grantor covenants that it is seized of said Protected Property in fee and has the
right to convey the Conservation Easement herein granted; that subject to existing easements of
record and the title exceptions set forth below, the same is free from encumbrances and that it
will warrant and defend title to the same against the lawful claims of all persons whomsoever.
Title to the Protected Property is subject to the following exceptions:
Easement to City of Charlotte recorded in Book 9466, Page 79 of the Mecklenburg County
Public Registry for a sanitary sewer right of way which is also shown on that certain Boundary &
Topographic Survey of the Protected Property for Childress-Klein, prepared by Hugh E. White,
NCRLS and SCRLS, of Carolina Surveyors, Inc., dated January 6, 2000 and last revised on July
7, 2000 (the "Survey").
ARTICLE I. PURPOSES
The purposes of this Conservation Easement are to maintain, and preserve a wetland
and/or riparian resource on the Protected Property that contributes to the protection and
improvement of water quality, flood prevention, aquatic habitat and wildlife habitat, to maintain
permanently the Protected Property in its natural condition, consistent with these purposes, and
to prevent any use of the Protected Property that will significantly impair or interfere with these
purposes. To achieve these purposes, the Conservation Easement is granted subject to the
conditions, restrictions, reservations and limitations set forth below.
ARTICLE II. DURATION OF EASEMENT
This Conservation Easement shall be perpetual and is an easement in gross which runs
with the land and is enforceable by Grantee and its successors, and assigns.
ARTICLE III. RESERVED USES AND RESTRICTED ACTIVITIES
The Protected Property shall be restricted from any development or usage that would
materially impair or interfere with the purposes of this Conservation Easement. The following
specific uses are prohibited, restricted, or reserved as indicated:
A. Disturbance of Natural Features. Any change, disturbance, alteration or
impairment of the natural features of the Protected Property or any introduction of non-
native plants and/or animal species is prohibited unless the Grantee shall give its prior
written consent or unless otherwise expressly permitted herein.
B. Construction and Residential Use. Except as permitted with prior written consent
by Grantee, there shall be no constructing or placing on or above the Protected Property
of (i) any building, mobile home, asphalt or concrete pavement, bill board or other
advertising display, antenna, utility pole, tower, conduit or line; or (ii) any other
temporary or permanent structure or facility.
C. Industrial and Commercial Use. Industrial and commercial activities, including
any right of passage used in conjunction with commercial or industrial activity are
prohibited on the Protected Property.
C-656550v05_ 01479.01029 ,,
D. Agricultural Grazing and Hort
icultural Use. Agricultural, grazing, and
horticultural use of the Protected Property is prohibited.
E. Silvicultural Use and Land Clearing. There may be no destruction or cutting of
trees or plants on the Protected Property, except to control insects and disease.
F. Recreational. Grantor expressly reserves the right to, (1) undeveloped
recreational uses of the Protected Property (including, without limitation, hunting, hiking
walking and fishing and as a recreational amenity to uses which may be developed on
land adjoining and/or in the vicinity of the Protected Property); and (ii) access to the
Protected Property for such purposes.
G. Si na e. Display of billboards, signs or advertisements is prohibited on or over
the Protected Property, except the posting of no trespassing signs, signs identifying the
conservation values of the Protected Property or other permitted use of the Protected
Property and/or signs identifying the Grantor as owner of the Protected Property and/or
Grantee as the holder of a conservation easement on the Protected Property.
H. Educational. Grantor reserves the right to scientific, educational and charitable
uses (including, without limitation, organized educational activities such as site visits,
studies and observations) of the Protected Property and the right of access to the
Protected Property for such purposes.
1. Dumping or Storage. 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 on the
Protected Property is prohibited.
I Mineral Use Excavation Dredging. Except to restore natural topography or
drainage patterns, there shall be no grading, filling, excavation, dredging, mining or
drilling and 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 Protected Property,.
K. Water Quality and Drainage Pattern. There shall be no activities conducted on the
Protected Property that would be detrimental to water purity or any of the plants or
habitats within the Protected Property or that would alter natural water levels, drainage,
sedimentation and/or flow in or over the Protected Property, or cause soil degradation or
erosion. Diking, dredging, alteration, draining, filling or removal of wetland is
prohibited.
L. Temporary Reservation for Stream Mitigation. Notwithstanding any other
provision of this Conservation Easement to the contrary, Grantor reserves the right to and
shall have the unilateral right to conduct such diking, dredging, alteration, draining,
filling and/or removal of stream channels and wetland and to carry on such other
activities on the Protected Property as may be necessary or proper to establish the stream
mitigation (the "Stream Restoration Project") described in the Stream Assessment and
Restoration Plan for the Protected Property, dated February 14, 2000, a copy of which is
on file with Grantor and the Wetland Restoration Program. The temporary reservation
C-656550v05 01-4"901029
contained in this paragraph shall remain in effect for so long as is necessary to effect the
Stream Restoration Project to the satisfaction of the U.S. Army Corps of Engineers,
Wilmington District Engineer.
M. Utility Lines. Notwithstanding any other provision of this Conservation
Easement to the contrary, Grantor reserves the right to and shall have the right to
construct, maintain and/or repair utility lines and laterals on the Protected Property,
including the associated excavation, backfill or bedding for such utility lines and laterals,
provided there is no change in preconstiuction contours except as required to establish
the Stream Restoration Project and Grantor shall have access to the Protected Property
for such purposes. Installation of utility lines and laterals is limited to crossings of the
stream, which crossings shall be as near to right angles as is reasonable.
N. Equestrian and Pedestrian Bridge. Notwithstanding any other provision of this
Conservation Easement to the contrary, Grantor reserves the right to and shall have the
right to install, maintain, repair or remove an equestrian and pedestrian bridge in the
approximate location indicated on the Survey and described in Exhibit B attached hereto
and made a part of this Conservation Easement by this reference. The Survey is
incorporated into this Conservation Easement by this reference as if fully set forth herein.
Grantor shall have access to the Protected Property for such purposes. Provided and on
the condition that such approval is not unreasonably withheld, conditioned or delayed, the
installation of such bridge shall be subject to the approval of the U.S. Army Corps of
Engineers, Wilmington District Engineer.
0. Vehicular Road Access. Notwithstanding any other provision of this
Conservation Easement to the contrary, Grantor reserves the right to and shall have the
right to install, maintain, repair or remove a vehicular road within the Protected Property
that uses a span or spans (along with all necessary supports) of a minimum size or sizes
necessary to cross the streams in the approximate location indicated on the Survey and
described in Exhibit B attached hereto and made a part of this Conservation Easement by
this reference. Provided and on the condition that such approval is not unreasonably
withheld, conditioned or delayed, the installation of such vehicular road access shall be
subject to the approval of the U.S. Army Corps of Engineers, Wilmington District
Engineer.
ARTICLE IV. GRANTOR'S ADDITIONAL RESERVED RIGHTS
The Grantor to its successors and assigns hereby reserves the right to quiet enjoyment of
the Protected Property, the right to ingress, egress and regress between the Protected Property
and all adjacent property presently owned by Grantor, the right to continue such uses as exist as
of the date of this grant not inconsistent with this Conservation Easement and the right to sell,
transfer, gift or otherwise convey the Protected Property and/or any of the rights reserved to
Grantor in this Conservation Easement, in whole or in part, provided such sale, transfer or gift
conveyance is subject to the terms of this Conservation Easement. Grantor reserves all rights
accruing from ownership of the Protected Property, including the right to engage in or permit or
invite others to engage in uses of the Protected Property that are not prohibited or restricted by
the provisions of this Conservation Easement and are not inconsistent with the purposes of this
C-65655005_ 014-,9.01029
4
Conservation Easement. Without limiting the generality of the foregoing Grantor expressly
reserves to Grantor, and Grantor's successors and assigns and its and their invitees and licensees,
the right of access to the Protected Property, and the right of quiet enjoyment of the Protected
Property.
ARTICLE V. GRANTEE'S RIGHTS
The Grantee and authorized representatives of the Grantee shall have the right, after
reasonable notice to Grantor or its successors and assigns, to enter the Protected Property at
reasonable times to, (i) inspect the Protected Property to determine if the terms, conditions,
restrictions, and purposes of this Conservation Easement have been complied with; and (ii)
undertake reasonable activities to manage, maintain, and monitor the wetland and riparian
resources on the Protected Property. These activities may include, with the prior written consent
of Grantor, which shall not be unreasonably withheld, conditioned or delayed, the planting of
trees, shrubs and herbaceous vegetation, and installation of monitoring wells. The access rights
granted to Grantee in this Conservation Easement do not include public access rights and
Grantee shall not permit any access to the Protected Property by the public or for any purpose
not expressly authorized by this Conservation Easement.
ARTICLE VI. MODIFICATION
The Grantor may request permission to vary from any restriction or limitation on the use
of the Protected Property set forth in this Conservation Easement for good cause shown,
provided that any such request is consistent with the purposes of this Conservation Easement.
The Grantor shall not vary from any restriction or limitation on the use of the Protected Property
set forth in this Conservation Easement without first obtaining written approval, which approval
shall not be withheld, conditioned or delayed unreasonably, from both the Wetlands Restoration
Program, whose mailing address is 1619 Mail Services Center, Raleigh, NC 27699-1619, and the
U.S. Army Corps of Engineers, Wilmington District Engineer, whose mailing address is P.O.
Box 1890, Wilmington, NC 28402-1890. Any approvals from the U.S. Army Corps of
Engineers, Wilmington District Engineer, required by this Conservation Easement refers to
approvals due to the use of certain portions of the Protected Property as mitigation property.
Nothing in this document shall be construed as affecting in any way permit requirements or
processes under Section 404 of the Clean Water Act.
ARTICLE VII. ENFORCEMENT AND REMEDIES
A. In the event that Grantee believes that Grantor, its agents, successors or assigns
has violated or is threatening to violate any of the terms, conditions, or restrictions of this
Conservation Easement, the Grantee shall notify the Grantor in writing of such alleged
breach. The Grantor shall have ninety (90) days after receipt of such notice to undertake
actions that are reasonably calculated to promptly correct the conditions believed to
constitute such alleged breach. If the alleged breach remains uncured after such ninety
(90) day period, or any other time period agreed upon by both parties in writing, the
Grantee may institute a suit to enjoin such alleged violation and if necessary, to require
the restoration of the Protected Property to its condition prior to the violation at the
Grantor's expense.
C-65655M5_ 01479 01029 5
B. No failure on the part of Grantee to enforce any covenant or provision of this
Conservation Easement shall discharge or invalidate such covenant or any other
covenant, condition, or provision of this Conservation Easement or affect the right of
Grantee to enforce the same in the event of a subsequent breach or default.
ARTICLE VIII. MISCELLANEOUS
A. This Conservation Easement shall be construed to promote the purposes of N.C.
Gen. Stat. § 143-214.8 et seq., the Wetlands Restoration Program.
B. The granting of this Conservation Easement does not convey to the public any
right to enter the Protected Property for any purpose whatsoever.
C. This Conservation Easement sets forth the entire agreement of the parties with
respect to the subject matter of this Conservation Easement and supersedes all prior
discussions, negotiations, understandings or agreements relating to the same. If any
provision of this Conservation Easement is found to be invalid, the remainder of the
provisions of this Conservation Easement and the application of such provision to
persons or circumstances other than those as to which it is found to be to be invalid, shall
not be affected.
D. Any notices required or permitted to be given by this Conservation Easement
shall be sent by registered or certified mail, return receipt requested to the parties at their
addresses shown above or to such other address as any party establishes in writing upon
notification to the others.
E. Grantor shall notify Grantee in writing of the name and address of any party to
whom the Protected Property or any part thereof is to be transferred at or prior to the time
said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other
legal instrument by which any interest in the Protected Property is conveyed subject to
this Conservation Easement.
C -o SOSSOv05_ 01 A9 01029 6
TO HAVE AND TO HOLD the Conservation Easement granted above perpetually unto
Grantee for the purposes set forth above.
IN TESTIMONY WHEREOF, the Grantor has caused this instrument to be executed
under seal as of the day and year first above written.
[signatures begin on the following page)
C 656550v05 01'%9.01029
GRANTOR:
CATO FAMIZY REAL ESTATE LL UTED
PARTNERSHIk a Georgia limited park rs ip (SEAL)
By:
Name
Title:
(SEAL)
Wytgn Cato, Jr.
* as the gener partner of
tit F Cato Family Real Estate Limite artnership,
a Georgia limited partnership
NORTH CAROLINA, Mecklenburg County
I, a Notary Public of the County and State aforesaid, certify that Wayland H. Cato, Jr.
as *general partner of Cato Family Real Estate Limited Partnership, a Georgia limited
partnership, Grantor, personally appeared before me this day and acknowledged the execution of
the foregoing instrument as general partner of and on behalf of Cato Family Real Estate
Limited Partn r' hip, a Georgia limited partnership. Witness my hand and official seal, this
,?. day of 000.
Z642C! ,Notary Public
My Commission expires: Ak,?- 6?
[Notary Seal]
* Trustee of the Wayland K. Cato, Jr. Revocable Trust dated January 2, 1991, as amended,
C 656550v02_ 0147901029 8
EXHIBIT. A
Property Description of a portion of the Wayland Cato Property
8.809 acres
Lying and being in Providence Township, Mecklenburg County, North Carolina and
being more particularly described as follows:
To locate the point and place of beginning, commence at the western corner of the
property of George Latimer (now or formerly) as described in Deed Book 5538, Page 20 of the
Mecklenburg County Public Registry (hereinafter "Registry"); thence, N 51-57-25 W 416.99 feet
to a new iron, the point and place of BEGINNING; thence, S 57-33-27 W 150.99 feet to a new
iron, thence, N 32-26-33 W 135.69 feet to a new iron located in the northwestern margin of an
existing 20-foot CMUD sanitary sewer right of way as described in Deed Book 9466, Page 79 of
the Registry thence, with and along the existing 20-foot CMUD sanitary sewer right of way, N
57-33-27 E 158.79 feet to a new iron; thence, N 32-26-33 W 145.78 feet to a new iron; thence, N
29-20-25 E 332.79 feet to a new iron; thence, S 87-36-25 E 204.50 feet to a new iron; thence, N
43-51-34 E 473.80 feet to a new iron; thence, N 00-03-00 E 201.23 feet to a new iron located in
the southern margin of the right of way of I-485 (350-foot right of way); thence, with and along
the southern margin of the right of way of 1-485, S 76-12-38 F 856.47 feet to a new iron, thence,
leaving the southern margin of the right of way of I-485, S 36-55-40 W 126.30 feet to a new
iron; thence, S 86-14-29 W 717.03 feet to a new iron; thence, S 43-51-34 W 573.47 feet to a new
iron, thence, S 32-54-40 W 357.99 feet to the point and place of BEGNNING, containing 8.809
acres, more or less, as shown on a Boundary and Topographical Survey for Childress-Klein of a
portion of the Wayland Cato property, dated January 6, 2000, prepared by Carolina Surveyors,
Inc., Hugh E. White, Jr., NCRLS and SCRLS.
C-67089301 01479.01029
EXHIBIT B
Area Reserved for Footbridge and Potential Road Crossing
Lying and being in Providence Township, Mecklenburg County, North Carolina and
being more particularly described as follows:
To locate the point and place of beginning, commence at a new iron located in the
southern margin of the right of way of 1-485 (350-foot right of way), said new iron being located
at the northwestern corner of the property described in EXHIBIT A; thence, with and along the
boundary line of the property described in EXHIBIT A, the following two (2) courses and
distances: (1) S 00-03-00 W 201.23 feet to anew iron; and (2) S 43-51-34 W 80.67 feet to a
point, the point and place of BEGINNING; thence, S 46-08-26 E 133.81 feet to a new iron
located in a boundary line of the property described in EXHIBIT A; thence, with and along the
boundary line of the property described in EXHIBIT A, S 43-51-34 W 100.00 feet to a point;
thence, N 46-08-26 W 133,81 feet to a point located in a boundary line of the property described
in EXHIBIT A; thence, with and along the boundary line of the property described in EXHIBIT
A, N 43-51-34 E 100.00 feet to the point and place of BEGINNING, being that area shown as
"Area reserved for footbridge, future sanitary sewer connection to trunk line, and potential road
crossing" as shown on the Boundary and Topographical Survey for Childress-Klein of a portion
of the Wayland Cato property, dated January 6, 2000 and prepared by Carolina Surveyors, Inc ,
Hugh E. White, Jr., NCRLS and SCRLS.
C-67089742 0/17901029
STATE OF NORTH CAROLINA
MECKLENBURG COUNTY
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement"), made this 2 ?.?
day of September, 2000, by and between WCF LIMITED PARTNERSHIP, a North Carolina
limited partnership ("Grantor") and the STATE OF NORTH CAROLINA whose mailing
address is State of North Carolina State Property Office, 116 West Jones Street, Raleigh, NC
27603-8003, ("Grantee"). The designations Grantor and Grantee as used herein shall include
said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine,
feminine, or neuter as required by context.
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State
of North Carolina has established the Wetlands Restoration Program (as defined in N.C. Gen.
Stat. 143-214.8) within the Department of Environment and Natural Resources for the purposes
of acquiring, maintaining, restoring, enhancing, and creating wetland and riparian resources that
contribute to the protection and improvement of water quality, flood prevention, fisheries,
aquatic habitat, wildlife habitat, and recreational opportunities, and
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8, two of the
components of the Wetlands Restoration Program are (1) restoration and perpetual maintenance
of wetlands, riparian areas, and surface waters and (2) land ownership and management; and
WHEREAS, Grantor owns in fee simple certain real property situate, lying, and being in
Mecklenburg County, North Carolina and more particularly described below as the Protected
Property; and
WHEREAS, Grantor is willing to grant this Conservation Easement on the Protected
Property, thereby restricting and limiting the use of the Protected Property on the terms and
conditions and for the purposes hereinafter set below, and Grantee is willing to accept such the
Conservation Easement;
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set out below, Grantor unconditionally and irrevocably hereby grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity, and subject to
existing easements of record and the terms and provisions of this Conservation Easement, an
easement of the nature and character and to the extent set forth below, over the Protected
Property for the benefit of the people of North Carolina. The "Protected Property" is located
in Providence Township, Mecklenburg County, North Carolina, and is more particularly
described on Exhibit A attached to and made part of ?-Cmlq - s
reference.
REGISTRATION oc.1t 13 q?1f
GATE IME -l `
BOOK I I (0 UC? AGE
LUMPS ' R C FECy')
¦eeolft,r a of os?oa
MEC K LClVBURC3 C UNTY NC
C-658334x03 01479.01029
AND Grantor covenants that it is seized of said Protected Property in fee and has the
right to convey the Conservation Easement herein granted; that subject to existing easements of
record and the title exceptions set forth below, the same is free from encumbrances and that it
will warrant and defend title to the same against the lawful claims of all persons whomsoever.
Title to the Protected Property is subject to the following exceptions:
none
ARTICLE I. PURPOSES
The purposes of this Conservation Easement are to maintain, and preserve a wetland
and/or riparian resource on the Protected Property that contributes to the protection and
improvement of water quality, flood prevention, aquatic habitat and wildlife habitat, to maintain
permanently the Protected Property in its natural condition, consistent with these purposes; and
to prevent any use of the Protected Property that will significantly impair or interfere with these
purposes. To achieve these purposes, the Conservation Easement is granted subject to the
conditions, restrictions, reservations and limitations set forth below.
ARTICLE II. DURATION OF EASEMENT
This Conservation Easement shall be perpetual and is an easement in gross which runs
with the land and is enforceable by Grantee and its successors and assigns.
ARTICLE III. RESERVED USES AND RESTRICTED ACTIVITIES
The Protected Property shall be restricted from any development or usage that would
materially impair or interfere with the purposes of this Conservation Easement. The following
specific uses are prohibited, restricted, or reserved as indicated:
A. Disturbance of Natural Features. Any change, disturbance, alteration or
impairment of the natural features of the Protected Property or any introduction of non-
native plants and/or animal species is prohibited unless the Grantee shall give its prior
written consent or unless otherwise expressly permitted herein.
B. Construction and Residential Use. Except as permitted with prior written consent
by Grantee, there shall be no constructing or placing on or above the Protected Property
of (i) any building, mobile home, asphalt or concrete pavement, bill board or other
advertising display, antenna, utility pole, tower, conduit or line; or (ii) any other
temporary or permanent structure or facility.
C. Industrial and Commercial Use. Industrial and commercial activities, including
any right of passage used in conjunction with commercial or industrial activity are
prohibited on the Protected Property.
D. Agricultural. Grazinz and Horticultural Use. Agricultural, grazing, and
horticultural use of the Protected Property is prohibited.
G638334v03_ 01,179.01029 2
E. Silvicultural Use and Land Clearing. There may be no destruction or cutting of
trees or plants on the Protected Property, except to control insects and disease.
F. Recreational. Grantor expressly reserves the right to, (1) undeveloped
recreational uses of the Protected Property (including, without limitation, hunting, hiking,
walking and fishing and as a recreational amenity to uses which may be developed on
land adjoining and/or in the vicinity of the'Protected Property); and (ii) access to the
Protected Property for such purposes.
G. Si na e. Display of billboards, signs or advertisements is prohibited on or over
the Protected Property, except the posting of no trespassing signs, signs identifying the
conservation values of the Protected Property or other permitted use of the Protected
Property and/or signs identifying the Grantor as owner of the Protected Property and/or
Grantee as the holder of a conservation easement on the Protected Property.
H. Educational. Grantor reserves the right to scientific, educational and charitable
uses (including, without limitation, organized educational activities such as site visits,
studies and observations) of the Protected Property and the right of access to the
Protected Property for such purposes.
1. Dumping or Storage. 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 on the
Protected Property is prohibited.
J. Mineral Use Excavation Dredging. Except to restore natural topography or
drainage patterns, there shall be no grading, filling, excavation, dredging, mining or
drilling and 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 Protected Property,.
K. Water Quality and Drainage Pattern. There shall be no activities conducted on the
Protected Property that would be detrimental to water purity or any of the plants or
habitats within the Protected Property or that would alter natural water levels, drainage,
sedimentation and/or flow in or over the Protected Property, or cause soil degradation or
erosion. Diking, dredging, alteration, draining, filling or removal of wetland is
prohibited.
ARTICLE IV. GRANTOR'S ADDITIONAL RESERVED RIGHTS
The Grantor to its successors and assigns hereby reserves the right to quiet enjoyment of
the Protected Property, the right to ingress, egress and regress between the Protected Property
and all adjacent property presently owned by Grantor, the right to continue such uses as exist as
of the date of this grant not inconsistent with this Conservation Easement and the right to sell,
transfer, gift or otherwise convey the Protected Property and/or any of the rights reserved to
Grantor in this Conservation Easement, in whole or in part, provided such sale, transfer or gift
conveyance is subject to the terms of this Conservation Easement. Grantor reserves all rights
accruing from ownership of the Protected Property, including the right to engage in or permit or
C-658334v03_ 01479.01029 j
invite others to engage in uses of the Protected Property that are not prohibited or restricted by
the provisions of this Conservation Easement and are not inconsistent with the purposes of this
Conservation Easement. Without limiting the generality of the foregoing, Grantor expressly
reserves to Grantor, and Grantor's successors and assigns and its and their invitees and licensees,
the right of access to the Protected Property, and the right of quiet enjoyment of the Protected
Property.
ARTICLE V. GRANTEE'S RIGHTS
The Grantee and authorized representatives of the Grantee shall have the right, after
reasonable notice to Grantor or its successors and assigns, to enter the Protected Property at
reasonable times to; (i) inspect the Protected Property to determine if the terms, conditions,
restrictions, and purposes of this Conservation Easement have been complied with; and (ii)
undertake reasonable activities to manage, maintain, and monitor the wetland and riparian
resources on the Protected Property. These activities may include, with the prior written consent
of Grantor, which shall not be unreasonably withheld, conditioned or delayed, the planting of
trees, shrubs and herbaceous vegetation, and installation of monitoring wells. The access rights
granted to Grantee in this Conservation Easement do not include public access rights and
Grantee shall not permit any access to the Protected Property by the public or for any purpose
not expressly authorized by this Conservation Easement.
ARTICLE VI. MODIFICATION
The Grantor may request permission to vary from any restriction or limitation on the use
of the Protected Property set forth in this Conservation Easement for good cause shown,
provided that any such request is consistent with the purposes of this Conservation Easement,
The Grantor shall not vary from any restriction or limitation on the use of the Protected Property
set forth in this Conservation Easement without first obtaining written approval, which approval
shall not be withheld, conditioned or delayed unreasonably, from both the Wetlands Restoration
Program, whose mailing address is 1619 Mail Services Center, Raleigh, NC 27699-1619, and the
U.S. Army Corps of Engineers, Wilmington District Engineer, whose mailing address is P.O.
Box 1890, Wilmington, NC 28402-1890. Any approvals from the U.S. Army Corps of
Engineers, Wilmington District Engineer, required by this Conservation Easement refers to
approvals due to the use of the property as mitigation property. Nothing in this document shall
be construed as affecting in any way permit requirements or processes under Section 404 of the
Clean Water Act.
ARTICLE VII. ENFORCEMENT AND REMEDIES
A. In the event that Grantee believes that Grantor, its agents, successors or assigns
has violated or is threatening to violate any of the terms, conditions, or restrictions of this
Conservation Easement, the Grantee shall notify the Grantor in writing of such alleged
breach. The Grantor shall have ninety (90) days after receipt of such notice to undertake
actions that are reasonably calculated to promptly correct the conditions believed to
constitute such alleged breach. If the alleged breach remains uncured after such ninety
(90) day period, or any other time period agreed upon by both parties in writing, the
Grantee may institute a suit to enjoin such alleged violation and if necessary, to require
C-658334x03_01479.01029 4
the restoration of the Protected Property to its condition prior to the violation at the
Grantor's expense.
B. No failure on the part of Grantee to enforce any covenant or provision of this
Conservation Easement shall discharge or invalidate such covenant or any other
covenant, condition, or provision of this Conservation Easement or affect the right of
Grantee to enforce the same in the event of a subsequent breach or default.
ARTICLE VIII. MISCELLANEOUS
A. This Conservation Easement shall be construed to promote the purposes of N.C.
Gen. Stat. § 143-214.8 et seq., the Wetlands Restoration Program.
B. The granting of this Conservation Easement does not convey to the public any
right to enter the Protected Property for any purpose whatsoever.
C. This Conservation Easement sets forth the entire agreement of the parties with
respect to the subject matter of this Conservation Easement and supersedes all prior
discussions, negotiations, understandings or agreements relating to the same. If any
provision of this Conservation Easement is' found to be invalid, the remainder of the
provisions of this Conservation Easement and the application of such provision to
persons or circumstances other than those as to which it is found to be to be invalid, shall
not be affected.
D. Any notices required or permitted to be given by this Conservation Easement
shall be sent by registered or certified mail, return receipt requested to the parties at their
addresses shown above or to such other address as any party establishes in writing upon
notification to the others.
E. Grantor shall notify Grantee in writing of the name and address of any party to
whom the Protected Property or any part thereof is to be transferred at or prior to the time
said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other
legal instrument by which any interest in the Protected Property is conveyed subject to
this Conservation Easement.
TO HAVE AND TO HOLD the Conservation Easement granted above perpetually unto
Grantee for the purposes set forth above.
12J TESTL-VIONY WHEREOF, the Grantor has caused this instrument to be executed
under seal as of the day and year first above written.
[signatures begin on the follow page]
C-659334v03_ 01479 01029 5
GRANTOR:
WCF LIMITED PARTNERSHIP, a North Carolina
limited partnershigSEAL)
By: V LA6
Name: Wayland Cato, Jr.
Title: Genefal R -`ne * as general
WCF Limited Partnership, a N
(SEAL)
Partner of
rth Carolina limited partnershi
NORTH CAROLINA, Mecklenburg County
I, a Notary Public of the County and State aforesaid, certify that Wayland: Cato, Jr: as
general partner of WCF Limited Partnership, a North Carolina limited partnership, Grantor,
personally appeared before me this day and acknowledged the execution of the foregoing
instrument as general partner of and on behalf of WCF Limited Partnership a North Carolina
limited partnership. Witness my hand and official seal, this _Z? day of _ 2000_
otary Public
Nly Commission expires: Zoo
[Notary Seal]
* Trustee of the Wayland H. Cato, Jr. Revocable Trust dated January 2, 1991, as amended, as general
partner of Cato Family Real Estate Limited Partnership, a Georgia limited partnership,
C-658334VOI_01179 01029
EXHIBIT A
Property Description of Wetlands Preservation Site
17.900 acres
Lying and being in Providence Township, Mecklenburg County, North Carolina, and
being more particularly described as follows:
To locate the point and place of beginning, commence at the southeast corner of the
property of J-W Partnership (now or formerly) as described in Deed Book 8241, Page 261 of the
Mecklenburg County Public Registry; thence, S 07-13-29 E 88.91 feet to a point, the point and
place of BEGINNING; thence, S 07-13-30 W 670.57 feet to a point; thence, N 82-46-30 W
89.47 feet to a point; thence, S 73-47-07 W 47.61 feet to a point, thence, S 37-29-25 W 555.02
feet to a point; thence, S 42-00-31 W 188.94 feet to a point; thence, S 59-09-50 W 74.63 feet to a
point; thence, S 70-05-14 W 120.84 feet to a point in an existing gravel road thence, with and
along the margin of the existing gravel road, the following ten (10) courses and distances: (1) N
37-23-05 W 52.70 feet to a point, (2) N 61-16-02 W 189.06 feet to a point, (3) N 44-33-51 W
103.00 feet to a point; (4) N 10-30-55 W 183.97 feet to a point, (5) N 00-45-46 E 129.73 feet to a
point; (6) N 19-54-31 E 52.18 feet to a point, (7) N 43-15-59 E 225.25 feet to a point, (8) N 52-
57-15 E 167.44 feet to a point, (9) N 26-05-36 E 258.14 feet to a point; and (10) N 15-08-38 E
104.56 feet to a point, thence, N 79-03-56 E 64.04 feet to a point, thence, S 08-42-45 E 130.87
feet to a point, thence, S 77-33-28 E 253.94 feet to a point; thence, N 57-35-27 E It 1.64 feet to a
point; thence, N 16-33-29 E 211.91 feet to a point; thence, N 72-26-43 E 241.93 feet to the point
and place of BEGINNING, containing 17.900 acres, more or less, as shown on a Boundary and
Wetlands Survey for Childress-Klein of Wetlands Preservation Site, dated January 13, 2000,
prepared by Carolina Surveyors, Inc., Hugh E. White, Jr., NCRLS and SCRLS.
C?.708'9V02 01,171) 01029
ROBINSON, BRADSHAW & HINSON, P. A.
ATTORNEYS AT LAW
WILLIAM W. TOOLE
[phone]
INTERNET Wrow-F q RBILCOM
101 NORTH TRYON STREET, SUITE 1900
CHARLOTTE, NORTH CAROLINA 28246
TELEPHONE [phone]
PAx [phone]
SOUTH CAROLINA OFFICE
THE GUARDIAN BUILDING
233 E. MAIN STREET, SUITE 600
P.O. DRAwER 12070
ROCS. HILL, S.C. 29731
TELEPHONE [phone]
PAX [phone]
June 22, 2000
VIA FEDERAL EXPRESS
Mr. Ron Ferrell
Division of Water Quality
Wetland Preservation Fund
320 West Jones Street
Raleigh, NC 27603
Re: Proposal for Donation of Conservation Easement on South Mecklenburg County
Providence Flats Swamp Forest and Stream Mitigation
Dear Ron:
This firm represents certain interests of Mr. Wayland Cato and Childress Klein
Properties, Inc. with regard to a donative grant to the Wetland Preservation Fund. This donative
grant would consist of a conservation easement over portions of a Providence Flats Swamp
Forest (as identified by the National Heritage Program) and a conservation easement over a
stream mitigation project located in South Mecklenburg County, near the intersection of
Providence Road and I-485.
The purpose of this letter is to comply with the regulations found at 15A NCAC 2R.0403.
Included with this letter are a Property Donation Proposal Form, with Exhibits, for each of the
proposed Providence Flats Swamp Forest and the proposed Stream Restoration and Mitigation
conservation easements.
1. Background
The Cato interests own approximately 250 acres of undeveloped land at the southwestern
intersection of Providence Road and I-485 in South Mecklenburg County. Attached is Figure 1,
showing the relative location of the Property, and Figure 2, showing the boundaries of the
Property. The bulk of the Property is currently used for horse pasture.
In connection with the development of a project located at the northwestern corner of I-
485 and Providence Road (identified as "the Project Site" on Figure 1), the Army Corps of
Engineers ("Corps") has required the developer to mitigate and preserve wetlands. The
mitigation and preservation is proposed to occur on the Property.
C•65424401 01479.01029
Mr. Ron Ferrell
June 22, 2000
Page 2
II. Areas To Be Preserved Through Donative Grant
There are two conservation easements that would restrict the uses of the conserved areas.
See Figure 3. The boundaries of these conservation easements have been determined by the U.S.
Army Corps of Engineers to be adequate and appropriate for the protection of the wetlands to be
conserved.
A. Providence Flats Swamps Forest Conservation Easement
One conservation easement consists of approximately 17.9 acres of Providence Flats
Swamps Forest, as shown on the attached Exhibit C to the Forested Preservation Area
Application (Tax Parcel I.D. #229-161-01).
B. Stream Mitigation Conservation Easement
The second conservation easement is over a stream mitigation project, which includes
1,580 linear feet of stream channel, consists of approximately 8.809 acres. The boundaries of
this stream mitigation project are shown on the attached Exhibit C to the Stream Mitigation Area
Application (Tax Parcel I.D. # 229-152-37). This stream mitigation project involves
development of the stream into a headwater, the reintroduction of a meander to the stream,
modification of an existing pond to incorporate it as a wetland into the stream mitigation project
and a fifty-foot riparian buffer. The mitigation project anticipates increased storm flow in the
watershed from future urbanization. See Stream Assessment and Restoration Plan, (p. 12,
attached). The stream mitigation area will be fenced to prevent access by horses in the pasture
area. The Corps will require a five-year observation period following completion of the
mitigation work to ensure the mitigation is a success. The project developer will be responsible
for meeting the permit obligation that the stream will be self-sustaining within this period.
C. Supporting Materials
I enclose the following documents to each of the Property Donation Proposal Forms:
U.S. Geological Survey topographic map (Exhibit "A"); county road map (Exhibit `B"); current
property survey (Exhibit "C"); certificate of title showing good title and the absence of
encumbrances and conditions on the transfer of the property interests (Exhibit "D"); and Phase I
Environmental Site Assessment prepared by LAW Engineering documenting the absence of
recognized environmental concerns at the both conservation easement areas, as well as the
absence of any structures on these areas (Exhibit "E").
Surveys conducted in conjunction with the Corps § 404 permit application have
determined the absence of cultural and historic resources, and determined that no federally or
state-listed sensitive, endangered or threatened species, or their critical habitat, is located on the
areas subject to the conservation easements. I understand from you that an appraisal of the value
of the property is not necessary in this instance. There are no plans at this time for a change in
the use of the Property adjoining the two conservation easement areas from the current use for
horse pasture.
C-654244v01 01479.01029
Mr. Ron Ferrell
June 22, 2000
Page 3
III. Scope of Conservation Easements; Maintenance
The conservation easements would be perpetual. Use and development of the areas
would be restricted, except that permitted uses within the forested preservation area reserved to
the current property owner might include certain limited horse and pedestrian trails. The stream
restoration project would provide for the installation prior to stream mitigation and maintenance
of utility lines paralleling the stream mitigation project and up to three utility lateral lines
crossing the streambed. The current property owner would reserve the right to install within a
100' wide area and some time in the future a road crossing at utility lateral #2, which is upstream
of the principal stream mitigation project. The purpose of this future road crossing would be to
allow access for future development to and from that portion of the acreage that would otherwise
be landlocked by the stream mitigation project. The road crossing would be designed and
subject to approval by the U.S. Army Corps of Engineers and the North Carolina Division of
Water Quality. It will be designed to have no adverse effect upon the stream mitigation project.
Until the road crossing is built, a temporary wooden bridge crossing may be constructed in this
location to allow for maintenance as well as pedestrian and horse crossing. I enclose draft
conservation easements for each of the Providence Flats Swamps Forest and the stream
mitigation access.
To provide for the long term maintenance and management of the areas to be subject to
the conservation easements, the donor understands that a lump sum maintenance and
management fee for the easements in the total amount of $20,000 will be necessary.
Once you have had a chance to review this material, please call me at the above number
so we may discuss this next step. I look forward to working with you on this matter.
Sincerely,
ROBINSON, BRADSHAW & HINSON, P.A.
William W. Toole
WWT/spd
Enclosures
cc: Aaron Smith
David Haggart
Claude Q. Freeman
(w/o enclosures)
(w/o enclosures) V
(w/o enclosures)
C-65424001 01479.01029
[Stream Mitigation]
NORTH CAROLINA WETLANDS RESTORACTION PROGR:VM
PROPERTY DONATION PROPOSAL FORM
Revised May, 2000
Instructions:
Please complete both sides of this form, attach requested documents, sign and mail to:
NC Wetlands Restoration Program
Division of Water Quality
1619 Mail Service Center
Raleigh, NC 27699-1619
Provide all of the information requested Incomplete forms cannot be processed.
Section I. Please provide the following information:
1. Date June 15, 2000
2. Grantor's Name (The Grantor is the owner of the property proposed for donation.)
Mr./Mrs. Cato Family Real Estate Limited Partnership
3. Grantor's mailing address c/o William W. Toole
Robinson, Bradshaw & Hinson, P.A.
101 North Tryon Street, Suite 1900, Charlotte, NC 28246
4. Grantor's telephone number with the area code 704/377-8373
5. Purpose of donation stream mitigation in support of NCDENR § 401 water
quality certification and US Army Corps of Engineers § 404 dredge and fill permit
Section II. Please answer the follow questions:
I . Is the property that is proposed for donation one contiguous parcel?
Yes x No
If no, how many parcels are proposed for donation?
2 Please state the total size of the property (including all parcels).
The total size of the property is 8.8± acres.
3. If more than one parcel is proposed for donation, please list each parcel's size
individually:
The size of parcel one is 8.8± acres Additional parcels: acres
The size of parcel one is acres acres
The size of parcel one is acres acres
The size of parcel one is acres acres
The size of parcel one is acres acres
*** IMPORTANT NOTE: If more than one parcel of property is proposed for donation, each
of the following questions must be answered separately for each parcel. Attach additional sheets
as necessary.
4. Are there any structures or infrastructure present on the property'?
Yes x No (sanitary sewer)
If yes, please include a map(s) indicating the locations of any structures or infrastructure.
5. Are there any cultural or historic resources present on the property?
Yes No X
(Page 1 of 2 Pages)
PAGE 2
North Carolina Wetlands Restoration Program
Property Donation Proposal Form
Continued
6 What is the current land use of the property proposed for donation?
(Check all that apply.)
Agricultural X
Residential
Industrial
Commercial
Other (specify)
7. What is the current land use of adjacent properties not proposed for donation?
(Check all that apply )
Agricultural X
Residential
Industrial
Commercial
Other (specify)
8. Is it likely that the property proposed for donation may be developed in the near future?
Yes No X
9. Are there any solid or hazardous wastes present on the property?
Yes No. X
10. Will funding be provided by the Grantor for the long term maintenance and management
of the property?
Yes X No
If yes, please describe lump sum of $20,000 applicable to this parcel and a
second parcel subject to a donated conservation easement
Section III. Please attach each of the following documents:
1. A U.S. Geological Survey 1:24,000 (7.5 minute) scale topographic map, county tax map,
USDA Natural Resources Conservation Service County Soil Survey Map, or county road
map showing the location of the property to be donated. Indicate the locations of any
drainage ditches, vegetation, structures, or infrastructure on the map.
2. A current property survey.
3. A current appraisal of the value of the property.
4. A title certificate.
5. A Phase I Environmental Site Assessment.
Section IV. Please sign the following statement:
I certify that I have given true, accurate, and complete information on this form to the best of my
knowledge. I authorize investigation of all statements made on this form and understand that
false information or documentation, or a failure to disclose relevant information may be grounds
for rejection of the proposed donation.
Signature of Grantor (unsigned forms will not be processed)
(Page 2 of 2 Pages)
[Forested Preservation]
NORTH CAROLINA WETLANDS RESTORACTION PROGRAM
PROPERTY DONATION PROPOSAL FORM
Revised May, 2000
Instructions:
Please complete both sides of this form, attach requested documents, sign and mail to
NC Wetlands Restoration Program
Division of Water Quality
1619 Mail Service Center
Raleigh, NC 27699-1619
Provide all of the information requested. Incomplete forms cannot be processed.
Section I. Please provide the following information:
1. Date June 15, 2000
2. Grantor's Name (The Grantor is the owner of the property proposed for donation.)
Mr./Mrs. WCF Limited Partnership
3. Grantor's mailing address c/o William W. Toole
Robinson, Bradshaw & Hinson, P.A.
101 North Tryon Street, Suite 1900, Charlotte, NC 28246
4. Grantor's telephone number with the area code 704/377-8373
5. Purpose of donation preservation of forest in support of NCDENR § 401
water quality certification and US Army Corps of Engineers § 404 dredge and fill permit
Section II. Please answer the follow questions:
1. Is the property that is proposed for donation one contiguous parcel?
Yes x No
If no, how many parcels are proposed for donation?
2. Please state the total size of the property (including all parcels):
The total size of the property is 17.9 acres
3. If more than one parcel is proposed for donation, please list each parcel 's size
individually:
The size of parcel one is 17.9 acres Additional parcels: acres
The size of parcel one is acres acres
The size of parcel one is acres acres
The size of parcel one is acres acres
The size of parcel one is acres acres
*** IMPORTANT NOTE: If more than one parcel of property is proposed for donation, each
of the following questions must be answered separately for each parcel. Attach additional sheets
as necessary.
4. Are there any structures or infrastructure present on the property?
Yes No X
If yes, please include a map(s) indicating the locations of any structures or infrastructure.
5. Are there any cultural or historic resources present on the property?
Yes No X
(Page 1 of 2 Pa(yes)
PAGE 2
North Carolina Wetlands Restoration Program
Property Donation Proposal Form
Continued
6 What is the current land use of the property proposed for donation?
(Check all that apply.)
Agricultural X
Residential
Industrial
Commercial
Other (specify)
7. What is the current land use of adjacent properties not proposed for donation?
(Check all that apply.)
Agricultural _ X
Residential
Industrial
Commercial
Other (specify)
8. Is it likely that the property proposed for donation may be developed in the near future?
Yes No x
9. Are there any solid or hazardous wastes present on the property?
Yes No x
10, Will funding be provided by the Grantor for the long term maintenance and management
of the property?
Yes X No
If yes, please describe lump sum of $20,000 applicable to this parcel and a
second parcel subject to a donated conservation easement
Section III. Please attach each of the following documents:
1. A U.S. Geological Survey 1:24,000 (7.5 minute) scale topographic map, county tax map,
USDA Natural Resources Conservation Service County Soil Survey Map, or county road
map showing the location of the property to be donated. Indicate the locations of any
drainage ditches, vegetation, structures, or infrastructure on the map.
2. A current property survey.
3. A current appraisal of the value of the property.
4. A title certificate.
5. A Phase I Environmental Site Assessment.
Section IV. Please sign the following statement:
I certify that I have given true, accurate, and complete information on this form to the best of my
knowledge. I authorize investigation of all statements made on this form and understand that
false information or documentation, or a failure to disclose relevant information may be grounds
for rejection of the proposed donation.
Signature of Grantor (unsigned forms will not be processed)
(Page 2 of 2 Pages)
M n m t'? 0 x 0 co e g H C
N
O
N
rt P.
W °
o
a
m
'nJ'
'?3
Sa'
,d J
W C1 Q !
1 m
m rt A M .
o {1 w o N
N J
J n P. g
a tn P. OM O \ N
ro i
d t 0 N
ro [ N
C-
n

ftl rt PC) N
J
11 ro JO
n A N tV 7C (1 3

J
n C ro
N m d
O
F
N W
O th O
1 y
O
tr1
O
U
Y O C
O 'J N N M O M HO N
?d

0 rt O O {ay M
M U1 F
i
M
0
O
°
O
° f

n

' z

. v
u n
N o o w K
o
Nt o 0 0 0 0 o p ft
w 0 •' •' ro
r ' ?+

p
In m

'

x
rr
CA K)

(t
m (D
m o
RV t, a ~ n
O ft
w
n
t
o
a
b
r
1 N
at [y?
yq
b su
m P.
~
m
m ?
+
w
n
? r rr tt z Ri
W 7
S
n 1D M m rt a N N ro ?
7

H
m
Q (i
b N a ?
y
i] ro y
rt o J J J J J rt
W

N
[
7
M 0 N N N N N ? 911
' p '?
.
1 o iP fF iP a ?h O

O
\ \
\ \
\ d1
N N N N N H y
O O O O O O
O O O O O O
O
O O O O

tMd
rr (
?
5c M
a
t
)" y

M
r) r

r b

r

~

z Fl
O
IN
th rn tr m o

N
O
O
o
~
p a
N N J w J J f "
0

o rt
o
t\a ton
1-
o
F b
t
~i
o y?
~
W
O ?
O O
O J J
\ O7 N
Oo f'
N iP
\ F
rP 7 G
['? w by
O o
N
O Q d N In N
T N b
O ..
O
m M
O K
O O
oD
O A+
O
d W
p
O
O rt O
d O
O F
N ~
N N
Ul
N