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HomeMy WebLinkAboutNCC221518_FRO Submitted_20220420FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail address or phone number is unavailable, place N/A in the blank.) Part A. 1. Project Name Starker Mitigation Project 2. Location of land -disturbing activity: County Catawba City or Township Clines Highway/Street 1-40/Rock Barn Road Latitude (decimal degrees) 35.728547' Longitude (decimal degrees)-81.175436' 3. Approximate date land -disturbing activity will commence: April 2022 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Water quality and habitat improvement project through stream restoration. 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 43.4 ac 6. Amount of fee enclosed: 4 400.00. The application fee of $100.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: 8.10-acre application fee is $900). Checks should be addressed to NCDEQ. 7. Has an erosion and sediment control plan been filed? Yes ❑ Enclosed ❑x No ❑ 8. Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name Kayne Van Stell E-mail Address kaynea-waterlandsolutions.com Phone: Office # 919-614-5111 Mobile # 919-818-8481 9. Landowner(s) of Record (attach accompanied page to list additional owners): Dan Hunsucker 828-312-0102 N/A Name Phone: Cell # Fax # 3216 John Daniel Drive NE Same Current Mailing Address Current Street Address Conover, NC 28613 Same City State Zip City State Zip 10. Deed Book No. 03716 Page No. 0043-0071 Provide a copy of the most current deed(s). SEE ATTACHED. Part B. 1. Company(ies) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on accompanied page.) If the company is a sole proprietorship or if the landowner(s) is an individual(s), the name(s) of the owner(s) may be listed as the financially responsible party(ies). Water & Land Solutions, LLC. Company Name Six Forks Road, Suite 130 Current Mailing Address Raleigh, NC 27513 City State Zip Phone: Office # 919-614-5111 infoo_waterlandsolutions.com E-mail Address Same Current Street Address Same City State Zip Fax # N/A Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form the landowner's signed and dated written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land disturbing activity. SEE ATTACHED LANDOWNER AUTHORIZATION FORM 2. (a) If the Financially Responsible Party is a domestic company registered on the NC Secretary of State business registry, give name and street address of the Registered Agent: NIA Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office # Mobile # Name of Individual to Contact (if Registered Agent is a company) (b) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina agent who is registered on the NC Secretary of State business registry: See attached (article 3-4. aa. 7 Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office # Mobile # Name of Individual to Contact (if Registered Agent is a company) (c) If the Financially Responsible Party is engaging in business under an assumed name, give name under which the company is Doing Business As. If the Financially Responsible Party is an individual, General Partnership, or other company not registered and doing business under an assumed name, attach a copy of the Certificate of Assumed Name. Company DBA Name The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be signed by the Financially Responsible Person if an individual(s) or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Party). I agree to provide corrected information should there be any change in the information provided herein. V- m'L1✓� Type or ariOt name i P46re 4vufl-o n 7 e- M Ctz Title or Authority 3 Date I, ��� 6' -�hKa_dd a Notary Public of the County of J),-c r- , State of North Carolina, hereby certify that _Ma vt V , "I- I rti.i:!� k-P - appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him/her ti Witness my hand and notarial seal, this day of I�t A `'- t, 20 Not ry SWATHAJ HCNNANT M commission expires t I C2 NOTARY PUBLIC y p DARE COUNTY, NC My Commission Expires �� ZS Continued from Items 9 & 10 in Part A of the Financial Responsibility/Ownership Form for multiple owners. Attach copies of this page as needed to list all landowners. Name Phone: Office # Mobile # Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 3 of Record: Name Phone: Office # Mobile # Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 4 of Record: Name Phone: Office # Mobile # Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 5 of Record: Name Phone: Office # Mobile # Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Continued from Item 1 in Part 8 of the Financial Responsibility/Ownership Form for multiple parties. Attach copies of this page as needed to list all financially responsible parties. Company 2 Name Current Mailing Address E-mail Address Current Street Address City State Zip City Phone: Office # Mobile # State Zip Company 3 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office # Mobile # Company 4 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office # Mobile # Company 5 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office # Mobile # 3716-0043 FILED Catav&a Catty ec�n Jars 07, 2022 at 12:26:00 Prn ErClEie TaX $1200.00 (MG) INST. # 00404 DONNA HICKS SPENCER, Reglatlar of Cieads R-x 03716 PQ 0043-0071 PREPARED BY AND RETURN TO: tag) Robert H. Merritt, Jr. Bailey & Dixon, LLP P.O. Box 1351 Raleigh, NC 27602 7e-v , /1100, 00 STATE OF NORTH CAROLINA DEED FOR PERMANENT COUNTY OF CATAWBA CONSERVATION EASEMENT �� THIS DEED FOR PERMANENT CONSERVATION EASEMENT (this "Conservation Easement"), is made this day of �C-Ze�F�2- 2021 by a e Hunsucker Legacy Farms, LLC, a North Carolina limited liability company ("Grant�whos ailing address is 3216 John Daniel Drive NE, Conover, North Carolina 28613 and Unique Place Save ("Grantee"), whose mailing address is Post Office Box 1183, Chapel Hill, North C lina 275 . The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall includ lingular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain parcels of real property situated, lying and being in Catawba County, North Carolina which parcels are identified as (PIN No. 3752-10-36-4087) containing approximately 264.37 acres, the foregoing tract being acquired by the Grantor pursuant to deed recorded 00537424 3716-0044 at Book 2785, Page 1153, Catawba County Registry, North Carolina; (PIN No. 3752-15-53-4132) containing approximately 33.69 acres, the foregoing tract being acquired by the Grantor pursuant to a MW deed recorded at Book 3068, Page 571, Catawba County Registry, North Carolina; (PIN No. 3752-19-52- 3168) containing approximately 68.60 acres, the foregoing tract being acquired by the Grantor pursuant to a deed recorded at Book 2785, Page 1148, Catawba County Registry, North Carolina; (PIN No. 3752- 11-55-8910) containing approximately 174.60 acres, the foregoing tract being acquired by the Grantor pursuant to a deed recorded at Book 2785, Page 1163, Catawba County Registry, North Carolina, and (PIN No. 3752-15-73-2614) containing approximately 31.94 acres, the foregoing tract being acquired by the Grantor pursuant to deed recorded at Book 3269, Page 1875, Catawba County Registry, North Carolina, said tracts being more particularly described in Exhibit A attached hereto and incorporated herein by reference (collectively the "Property"); and WHEREAS, Grantee is a charitable, not -for -profit or educational corporation, or trust qualified under § 501 (c) (3) and § 170 (h) of the Internal Revenue Code and/or N.C. Gen. Stat. § 121-34 et. seq., the purposes or powers of which include one or more of the purposes (a) through (d) listed below; (a) retaining or protecting natural, scenic, or en -space aspects of real property; (b) ensuring the availability of real prbpe recreational, educational, or open - space use; (c) protecting natural resources (d) maintaining or enhan ng *r or water quality. WHEREAS, Grantor and Grantee reco 4ze the conservation, scenic, natural, or aesthetic value of the Property in its natural state, which includes the following natural communities: riparian wetlands, perennial and intermittent streams and riparian buffers. The purpose of this Conservation Easement is to acquire, restore, enhance, create, maintain and preserve streams, wetlands and riparian resources and other natural values of approximately 29.910 acres, more or less, on the Property, which Conservation Easement is more particularly described in Exhibit B attached hereto and incorporated herein by reference (the "Conservation Easement Area"), and to prevent the use or development of the 00536446 3716-0045 Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance 0045 of its natural condition; and WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is a condition of the approval of the Mitigation Banking Instrument ("MBI") and Mitigation Plan for the WLS Catawba 01 Umbrella Mitigation Bank, Department of the Army ("DA") Action ID Number SAW — 2020- 01540, entitled "Agreement to Establish the WLS Catawba 01 Umbrella Mitigation Bank in the Catawba 03050101 River Basin within the State of North Carolina", and entered into by and between Water & Land Solutions, L.L.C. acting as the Bank Sponsor and the Wilmington District Corps of Engineers ("Corps"), in consultation with the North Carolina Interagency Review Team ("IRT"). The Starker Mitigation Site has been approved by the Corps for use as a mitigation bank to compensate for unavoidable stream and wetland impacts authorized by DA permits; and WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the North Carolina Division of Water Resources ("NCDWR") and the U.S. Army Corps of Engineers, Wilmington, North Carolina ("Third -Parties", to include any successor age ie ndimay be exercised through the appropriate enforcement agencies of the United States th of North Carolina, and that these rights are in addition to, and do not limit, the rights oi�force t under the NCDWR Project ID# 20201357 and the Department of the Army instrument OerW-2020-01540 ("Mitigation Banking Instrument"), or any permit or certification iss*by the Third -Parties; NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, Ae receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby uncom*onally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent her set forth, over the Conservation Easement Area described on Exhibit B, together with easements for ingress, egress and regress as described in Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: 00536446 3716-0046 ARTICLE I DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. f There shall be no constructing acing fan la tenna B. Construction. y building, mobile home, asphalt or concrete pavement, billboard or other advertising�y, , utility pole, tower, conduit, line, pier, landing, dock or any other temporary or per Went structure or facility on or above the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passimWor such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry and horticultural u e of theervation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the a] 00536446 3716-0047 Mitigation Plan. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the Mitigation Plan is allowable once a year for no more than five 0047 (5) consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by Water & Land Solutions, L.L.C. and shall not violate any part of Item M of this Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, r t� or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavatinq, Dredging or Mineral Use. here shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in anwanner within the Conservation Easement Area, except to restore natural topography or drainage patterns. For purposes of restoring and enhancing streams and wetlands within the Conservation Easement Area, Water & Land Solutions, L.L.C. is allowed to perform grading, filling, and excavation associated with stream and wetland restoration and enhancement ctivities escribed in the Mitigation Plan and authorized by Department of the Army Nationwide Per N�7. 00536446 3716-0048 J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Subdivision. The Grantor and Grantee agree that the Conservation Easement Area currently consists of 29.910 acres within five (5) separate parcels. The Grantor may not further subdivide the Conservation Easement Area, except with the prior written consent of the Grantee, which consent shall not be unreasonably withheld. If Grantor elects to further subdivide any portion of the Conservation Easement Area, Grantor must provide the Grantee the name, address, and tele oneber of new owner(s) of all property within the Conservation Easement Ar if die Grantor. No subdivision of the Conservation Easement Area shall limit the right of ingress and egress over and across the Property for the purposes set forth herein and any subdivi§ion of the Property shall preserve Grantee's perpetual rights of access to the Conservation Easem t Area and Grantee's right of perpetual access to any conservation easements on properties aie the Property which form a part of or are included in i the Mitigation Plan. Creation of a condorrtini de facto division of the Conservation Easement Area is prohibited. Lot line adjustments or lot consolidations that in any way alter the surveyed boundaries or configurations of the Conservation Easement Areas shall require prior written consent of Grantor, which consent shall not be unreasonably withheld. The Grantor may convey undivided interests in the Cons e ation Easement Area. The Grantor shall notify the Grantee immediately of the name, address, and to hone number of any grantee of an undivided interest in any property within the Conservation Easement Area. 0 00536446 3716-0049 M. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for temporary or occasional access by Water & Land Solutions, L.L.C., the Grantee, its employees and agents, successors, assigns, NCWDR, and the Corps for purposes of constructing, maintaining and monitoring the restoration, enhancement and preservation of streams, wetlands, and riparian areas within the Conservation Easement Area. The use of mechanized vehicles for monitoring purposes is limited to only existing roads and trails as shown in the approved Mitigation Plan. N. Other Prohibitions. Any other use of, or activity on or in the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for himself, his personal represe tiv , heirs. successors or assigns, the right to continue the use of the Conservation Easemen\to �l purposes not inconsistent with this Conservation Easement, including, but not limited tol iiet enjoyment of the Conservation Easement Area, the rights of ingress, egress, and regress over the Conservation Easement Area the right to hunt, fish, and hike within the Con�ser ion Easement Area, the right to sell, transfer, gift or otherwise convey the fee simple title underly�g tl#Co ervation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and specifically references this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, including Water & Land Solutions, L.L.C. acting as the Bank Sponsor, the right to construct and perform activi 'es related to the restoration, enhancement, and preservation of streams, wetlands and riparian areas the Conservation Easement Area in accordance with the approved WLS Catawba 01 pa pp Umbrella Mitigation Plan and the Mitigation Banking Instrument described in the Recitals of this Conservation Easement. 7 00536446 ONISD 3716-0050 ARTICLE IV GRANTEE'S RIGHTS The Grantee or its authorized representative, successors and assigns, the Corps, and NCDWR shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or Grantor's personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee, Water & Land Solutions, L.L.C., and its authorized representatives, successors and assigns, and the Corps and NCDWR shall also have the right to enter and go upon the Property and the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Conservation Easement, Grantee, the Corps and NCDWR are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to ire'the restoration of such areas or features of the Conservation Easement Area that may be dama&d by s ch activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have thirty (30) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after thirty (30) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, inju and other relief. Notwithstanding the foregoing, the Grantee ow reserves the immediate right, thout notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breac the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and h Grantee acknowledge t under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this 00536446 i�j 3716-0051 Conservation Easement. The costs of a breach, correction or restoration, including Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be Obi responsible for the breach. The Corps and the NCDWR shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation Easement. B. No failure on part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and repre Nthait owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conserrvvait asement, and that Grantor will warrant and defend title to the Property against the claim all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this 9 00536446 3716-0052 Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior 2 written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder pursuant to 33 CFR 332.7 (a) (1), N.C. Gen. Stat. § 121-34, et. seq., and/or §501 (c) (3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue, in perpetuity, the Conservation Easement Area for the conservation purposes described in this document. D. Entire Agreement and Severability. The Mitigation Banking Instrument: MBI with corresponding Mitigation Plan and this Conservation Easement set forth the entire reem nt of the parties with respect to the Conservation Easement and supersedesall pri di ss ons, negotiations, understandings or agreements relating to the Conservation E me�lf ion is found to be void or unenforceable by a court of competent jurisdiction, the cinder shall continue in full force and effect. IL E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor, except those incurred after the date hereof, which are expressly subject to and/or subordinate to the Conservation Easement. Grantee shall not be responsible for any costs or liability of a&y kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, I*ept as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. 10 00536446 3716-0053 F. Lonq-Term Management. If livestock operations are maintained on the Property, Grantor is responsible for all long-term management activities associated with fencing to ensure livestock do not 0053 have access to the Conservation Easement Area. These activities include the maintenance and/or replacement of fence structures, as deemed necessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the Conservation Easement Area are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or t xerise of eminent domain, Grantee shall be entitled to the fair market value of this Conservatisement as determined at the time of the extinguishment or condemnation. All J. Notification Any notice, reque&do val, or other communication required under this Conservation Easement shall be sent by registrtified mail, postage prepaid, to the following addresses ( or such address as may be hereafter specified by notice pursuant to this paragraph). IL To Grantor: Hunsucker Legacy Farms, LLC 3216 John Daniel Drive NE Conover, NC 28613 To Grantee: Unique Places to Save Post Office Box 1183 Chapel Hill, NC 27514 info@uniqueplacestosave.org 11 00536446 3716-0054 To Sponsor: Water & Land Solutions, L.L.C. 7721 Six Forks Road, Suite 130 Raleigh, NC 27615 To the Corps: US Army Corps of Engineers Wilmington District Regulatory Division 69 Darlington Avenue Wilmington, NC 28403 To NCDEQ-DWR: NCDEQ — Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1601 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. kX ffl environmental, and other natural characteristics of EaslWnt Alm. The wetlands, scenic, resource, Easement Area, and its current use and state of improvement, are described in SeZOMPI Ae Mitigation Plan prepared by Grantor and i acknowledged by the Grantor and Grantee toete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Cons tion Easement Area will be consistent with the terms of this Conservation Easement. H ever, report is not intended to preclude the use of other evidence to establish the resent conditionthe Conservation Easement Area. N. Baseline Documentation Report. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area as they exist at the end of the 12 00536446 3716-0055 approximate 7-year monitoring period of the Starker Mitigation Site shall be described in a baseline documentation report (the "Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline will be acknowledged by the Grantee and the Grantor to be complete and accurate as of the date of the close-out notice of the Starker Mitigation Site delivered to the Grantor by the Corps. Grantee shall provide to Grantor a copy of the Baseline and retain for itself a copy in Grantee's files. The Baseline will be used by the Grantee to assure that any future changes in the use or condition of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: HUNSUCKER LEGACY FARMS, LLC, a North Carolina limited liability company By: an A. Hun er, Ma ager STATE OF /''�'%�� COUNTY OF wA�� 7x, the undersigned Notary Public of the County and State aforesaid, certify that Dan A. Hunsucker personally appeared before me this day, acknowledging to me that he is Manager of Hunsucker Legacy Farms, LLC, a North Carolina limited liability company, and that he acknowledged to me that he voluntarily signed the foregoing document for the purposes therein expressed and in the representative capacitor to stated. r4 e Witness my hand and official stamp or seal this 7 day of 12022. ti/F9�t, 9 [NOTARIAL L] No Tq9� %� .yT� •o6"eLIG G 00536446 ____�Z\/ IrIA4-t� Notary Public 4414-Xt,17 4-A. Printed/Typed Name My Commission Expires: 13 off-L 3716-0056 GRANTEE: UNIQUE PLACES TO SAVE, a North Carolina 501(c) (3) not -for -profit Corporation By: (SEAL) S Print Name Title: 6 &r, STATE OF NJ6,(� ('oMtA0,, COUNTY OF I, Nak-&kie 000)1 S , a Notary Public for the County and State aforesaid, certify that r^ personally appeared before me this day and acknowledged that he/she i the 34o, K, 106((Rf of Unique Places to Save, a North Carolina 501(c)(3) not -for -profit corporation, and that in such capacity and being authorized to do so, executed the foregoing instrument for the purposes contained therein. Witness my hand and official stamp or seal this �� day of U e C eMb f C , 2021. �)Xatal- AS Durham County 5 Notary Public k�k�C' �6�V1S Printed/Typed Name My Commission Expires: 1 / 2oZG 1 3716-0057 Exhibit A (1) PIN: 3752-10-36-4087 (264.37 acres) Book 2785, Page 1153 Tract I: Beginning at an iron pin on the South side of public paved road, corner of Hunsucker and J.L. Simmons Estate property; and runs with the public road North 42° 00' East 692.0 feet to an iron pin in the intersection of the St. John's Church Road; thence continuing on with the public road North 53° 45' East 516.0 to an old hickory stump, corner of Dewey Hunsucker; thence with the present Dewey Hunsucker line South 42° 15' East 1,353.0 feet to a dogwood tree, corner of Claud Moose and Dewey Hunsucker; thence with the Moose line, South 15° 50' East 870.0 feet to a stone in the line of Joe and George Little, corner of Moose; thence with the Little line South 74° 15' West 810 feet to a stake in the branch; thence with the meanders of the branch and with the Little line South 12° 10' East 740.0 feet to a stake, corner of Little and Dewey Hunsucker; thence with the Dewey Hunsucker line and with the meanders of the branch, 21° 45' East 3 70. 0 feet to an Ash on the bank of the branch; thence North 76° 45' East, crossing the branch 81 feet to a stake; thence South 82° 15' East 200 feet to a stake; thence South 34° 35' East 350.0 feet to a stake; thence South 44° 45' West 180 feet to a cherry on the bank of branch; thence South 58° 30' West 313.6 feet to a stone, corner of Dewey Hunsucker, ce with his line South 22° 00' East 487.0 feet to a stone; thence on with his line Sout ' East 563.0 feet to a corner in Lyle's creek; thence up the meanders of the creek a stonmk the old line of M.H. Yount, now Sigmon, thence with the old line of Younr;theprce Sigmon, North 2° 20' East 815 feet to a persimmon, corner of the Guy Roberts Est OlMiinuing on North 2° 20' East 1,405.0 feet to an iron pin, corner of Ro Esta d J. Simmons Estate; thence continuing on the same course with the Si ons 1, eet to a dead oak, now an iron pin, corner of Simmons; thence with anoth ' e o Simmons Estate, North 86° 00' West 290.0 feet to a cement corner, cornet#*f Si s Ian ; thence with the Simmons line North 5° 35' East 546 feet to the beginni , contain 161 acres, more or less and being all that certain tract of land describe he at certain deed of M.H. Yount, dated October 18, 1920, to Garland Hunsucker, h deed itrecorded in the office of the Register of Deeds for Catawba Co h olina, in Book 156, Page 599. For back reference to title see Deed recorde 99, age 314. Tract II: BEGINNING at an An st her of the Garland Hunsucker Estate property and running thence with t ne Garland Hunsucker Estate property, South 21° 00' East 487.5 feet to an iron st e, a rner of the Garland Hunsucker Estate property; thence running South 21 ° 0 404.2 eel to an iron stake, another corner in the Garland Hunsucker ate ;then ontinuing with the Garland Hunsucker Estate line, South 19° 00' East 198et t corner in the creek; thence running with the center of the creek, North 7° 00' East 178%feet to another corner in the creek; thence North 38° 30' East 100 feet to pother corner in the center of the creek; thence with the center of the creek North 67° East 76.0 feeff another corner in the creek, North 61° 30' East 100 feet to another corner in the calf' of the creek; thence with the center of the creek North 13° 100 feet to another corner in the center of the creek North 13° East 51 feet to another corner in the center of the creek; thence North 73° East 92.0 feet to another corner in the center of the creek; thence leaving the creek and running with the branch, North 35° 12' West 618.7 feet 00538309 001,37 3716-0058 to a corner in a branch in the line of Joe and George Little property; thence running with the line of Joe and George Little property, North 13' 00' East 994.0 feet to a stone in the Joe and George Little property line; thence running with the Joe and George Little and Moose property North 2° 30' East 1,089 feet to an iron stake, another corner of Joe and George Little property; thence running with the Joe and George Little property, South 72' 15' West 1,237.5 feet to a corner in branch, same being a corner of Garland Hunsucker Estate property, thence running with the branch, South 3° 15' West 103 feet to a corner in the center of the branch; thence running with the center of said branch, South 50' 00' East 149.0 feet to another corner in center of the branch; South 28' West with the center of the branch 75 feet to another corner in the branch; thence running with the center of the branch, South 14' 00' West 200 feet to a corner in the branch; thence South 50' 00' East with the center of the branch 165.0 feet to a poplar stump on the West side of the branch; thence with the line of the Garland Hunsucker Estate property, South 21 ° 45' East 235 feet, more or less, to an ash on bank of branch; thence running with the Garland Hunsucker Estate property North 76' 45' East 81 feet to a stake; thence continuing with the Garland Hunsucker Estate property, South 82' 15' East 200 feet, more or less, to a stake, another corner of the Garland Hunsucker Estate property; thence continuing with the Garland Hunsucker Estate property, South 34' 35' East 350 feet to an iron stake, another corner of the Gar Hunsucker Estate property; thence running with the Garland Hunsucker Estate property, S 55' 00' West 436.5 feet crossing a branch to the point of Beginning, containing 41. acr ore or less, according to a survey and plat thereof made by Joe F. Robinson, Sur v or, dur the month of June, 1958. - low> For reference to chain of title to the above described property, see the following deeds: Deed Book 343 at Page 407; Deed Book 406 at Page 211 and D 119 Book 371 at Page 559, Catawba County Registry. Also see Deed recoiled in Book at Page 14. Tract III: BEGINNING at a corner in the mi\DINVunsucker leading to St. John's Church, which point is 1,087 feet from an old corne ' hline; and runs with the Dewey Hunsucker line South 3° West 116 ostake thence with the Garland Hunsucker estate line, South 53-3/4' 9 to a corner in the middle of the road; thence with the middle of the St. Jo s ch Road, North 44' 20' East 539 8/10 feet to the point of beginning, containing 48 ac , more or less. For reference as to title see deed recorded in Book 358, Page 242, Catawba County Registry. Also see Deed record in Book 5Q4Page 186. Tract IV: BEGINNING at ne on J. Yount's line and runs North 56 1/2' East 72 rods to a stone; thence North 28' West 98 2/3 rods to a stone on Dellinger's line; thence South 87' West 39 1/3 rods to a P.4and gum, an old corner; thence South V west 97 rods to a Hickory on the side of the public road, thence South 42 'IV? East 39 1/2 rods to the beginning, containing by estion 45 acres, three rods and 29 poles, more or less. Being the identical property conveyed in Book 358, Pages 134 and 135, Catawba County Registry, also Book 27 at Page 315. Also see deed recorded in Book 551 at Page 254. 00538309 � 3716-0059 Less and excepted from the above tracts is all of that certain property conveyed from 013 Grantors to Dan Alan Hunsucker as is described and recorded in Book 1850, Page 1228 Catawba County Registry and all property conveyed to any public entity within any public right of way. This Deed is conveyed subject to any and all encumbrances of record or survey. Being the identical four tracts conveyed to Dewey & Lorene Hunsucker in Deed 1850, Page 1231. (2) PIN: 3752-15-53-4132 (33.69 acres) Book 3068, Page 571 FULBRIGHT PLACE (PIN#3752-15-53-4132) — Tracts I, II and III — Deed Book 2175, Page 127 and See also Book 2297, Page 1473. Parcel A: Beginning at an iron pin in the center of a creek, said iron pin being in Dewey Hunsucker's eastern boundary and also being in the northern right-of-way of Interstate No. 40, and runs thence with Hunsucker's eastern boundary with the centerline of the branch, North 12 deg. 59 min. West 96.10 feet; North 48 deg. 14 min. West 27.8 feet; North 13 deg. 17 min. 41 sec. East 80.1 feet to an iron pin in Dewey Hunsucker's so ern boundary; and runs thence away from the creek North 74 deg. 00 min. East 121.00 feet iron pin; thence continuing North 74 deg. 00 min. East with Hunsucker's south b ary 674.00 feet to an old stone, Hunsucker's southeast corner and Lois B. Moose s south corner; thence continuing with Moose's southern boundary North 74 deg. 00 in 265.0 feet to an iron pin, a corner of the Moose property; thence with Moose's western boundary South 29 deg. 40 min. 04 sec. East 549.20 feet to an iron pjM&�'a'd iron pin berg in the northern martin of the right-of-way of Interstate No. 40; the ce vKi he noaJwrn margin of the right- of-way of Interstate No. 40 a curve to the right aving a radius*deg. f 5,599.58 feet, an arc length of 1,091.60 feet, a chord bearing and dia ce of South 24 min. 03 sec. West, 1,089.87 feet to a concrete monument; thence n ing with the northern margin of the right-of-way of Interstate No. 40, North 5 8 m 0 sec. East 30.19 feet to a concrete monument; thence continuing with the nort margin of the right -of --way of Interstate No. 40, North 85 deg. 30 min. West 181,� t oint and place of Beginning, and containing 10.33 acres, more or lesspus on a survey entitled "Edna M. Little Property" prepared by Sam Ro Jr., dated ptember 7, 1990. For a partial chain of title, see Book 121, Page 76, Catawba ounty Registry, which was re -recorded as Book 1648, Page 110, Catawba Count �is Parcel B: Beginnin a n pin near the center of a branch in Dewey Hunsucker's eastern bounAgy, iron being in the southern margin of the right-of-way of Interstate No. 40, and ruN12m. enc ith the southern margin of the right-of-way of Interstate No. 40, South deg. 0 c. East 170.1 feet to a concrete monument; thence North 2 deg. 31 min. t 23.97 feet to a concrete monument; thence continuing with the southern margin of the righ wa cif Interstate No. 40 a curve to the left having a radius of 5,859.58 feet, an arc length 98 feet and a chord bearing and distance of North 87 deg. 26 min. 41 sec. East 920.03 feet to a concrete monument; thence South 7 deg. 47 min. East 24.6 feet to a concrete monument; thence continuing with the southern margin of said right-of-way North 82 deg. 43 min. 24 sec. East 151.28 feet to an iron pin in Lois B. Moose's western 00538309 3716-0060 boundary; thence with Lois B. Moose's western boundary, South 3 deg. 50 min. 53 sec. 0060 West 83.0 feet to an iron pin, a northeast corner of the Dewey Hunsucker; thence with Dewey Hunsucker's northern boundary South 72 deg. 01 min. 29 sec. West 3 1. 0 feet to the centerline of a branch; thence continuing with the center of the branch in Hunsucker's eastern boundary the following calls and distances: North 2 deg. 08 min. East 102.03 feet; South 83 deg. 19 min. 44 sec. West 54.03 feet; North 15 deg. 27 min. 35 sec. West 40.61 feet; North 13 deg. 25 min. 52 sec. West 27.49 feet, North 32 deg. 14 min. 28 sec. East 47.32 feet; North 4 deg. 06 min. 19 sec. East 43.16 feet; North 16 deg. 53 sec. West 164.44 feet to the point and place of Beginning and containing 6.80 acres, more or less, as more particularly described in Deed Book 121, Page 76, Catawba County Registry, which was re- recorded in Book 1648, Page 110, Catawba County Registry, as shown on a survey entitled "Edna M. Little Property" prepared by Sam Rowe, Jr., dated September 7, 1990. The following Parcels A and B (above) are the remainder of the 24.4 acre tract after the North Carolina Department of Transportation acquired acreage for Interstate No. 40 which divided the 24.4 acre tract. Parcel C: Beginning at an iron pin in the eastern line of Dewey Hunsucker, said point also being Lois B. Moose's southwest corner and runs thence with Lois B. Le's southern boundary North 58 deg. 50 min. 16 sec. East 570.95 feet to an iron pin, ;eet nsucker's northwest corner; thence with Dan Hunsucker's western boundary South 1e . 14 min. 51 sec. Est 1,001.14 feet to an iron pin, a southwest corner of Dan Hunsuckerce with a southern line of Dan Hunsucker South 86 deg. 32 min. 07 secOEast 214 5 to an old stone; thence continuing with Hunsucker's western jiptsouth 43 deg. # min. 17 sec. East 417.59 feet to an iron pin; thence continuing with I northe oundaprof Dan Hunsucker; South 84 deg. 37 min. 41 sec. West 742.2 feet o an iron pin; nce North 2 deg. 32 min. 399.0 feet to an old stone in a northeast corner uns er; t nce with Hunsucker's northern boundary North 86 deg. 32 min. 07 s t 4 feet to an iron pin, Dan Hunsucker's northwest corner in Dewey H cker stern boundary; thence with Dewey Hunsucker's eastern boundary, North 3 deg. min. 4 sec. East 648.18 feet, more or less, to the point and place of Beginning 16.32 acres, more or less, and as shown o>4,,ip repared by Sam Rowe, Jr., dated September on a survey entitled "Edna M. Littletr 7, 1990. For a partial chain of tjAe see Deed look 284, Page 36 and Book 1648, Page 110, Catawba County Registry. The f6regoiA%1fMrcel is a combination of a 12 acre tract and a 5.25 acre tract described iphe foregoing Book 284, Page 36 and Book 1648, Page 110, Catawba County R?gi Together witj&ll r,itle interest to the underlying land retained by the Grantor in the Consent Judg as reVed on Book 701 at Page 111, Catawba County Registry. (3) PIN: 3 9-52-3 8 (68.60 acres) Book 2785, Page 1148 BEGINNIN old stone corner of George and Joe Little property, in the line of Dewey Hunsucker and running thence with the line of Dewey Hunsucker, South 12' 00' West 1,013 feet to an iron pin, Dewey Hunsucker's corner in branch; thence with the Hunsucker line, South 36' 00' East 462 feet to a persimmon stump in branch; thence South 32-1/2' East 165 00538309 3716-0061 feet to a corner of Boyce Holler in Mull's Creek; thence with Holler line and center of Mulls 1 Creek North 58° East 420.75 feet to a corner in said creek; thence continuing with Holler line, North 580 East 495 feet to a corner in Mull's creek; thence with the Holler line, North 880 East 115.5 feet to a corner in Mull's Creek; thence North 41° East 247.5 feet to a corner in Mull's creek, corner of Bryant Deal property; thence running South 82° 45' East 103.30 feet; thence North 160 West 65 feet to an iron pin; thence with Bryant Deal and center of creek, North 38° East 254 feet to a corner in Creek, corner of Bryant Deal; thence running with Creek, North 40° 58' East 365.5 feet to a corner in creek, corner of Bryant Deal; thence running with another line of Bryant Deal, North 56° 54' East 629 feet to a corner in creek 650 23' East 196.89 feet to a corner in creek, corner of E. Little; thence running with El Little, North 64° 52' East 160.1 feet to a corner in creek; thence running North 530 35' West 1,084.87 feet to a bunch of alders in ditch, corner of Walter Yount property; thence with Walter Yount property South 2° 35' West 73.2 feet to a Cherry at branch; thence running with old Walter Yount line, North 56° 21' West 577.5 feet to a corner in branch; thence running North 45° West 181-1/2 feet to a corner in branch; thence running North 34° 44' West 182.5 feet to a corner in branch, corner of Ed Moose property; thence running South 58° 30' West 525 feet to an iron pin, corner of George Little; thence running South 11 ° 00 East 1,006.5 feet to an iron pin; thence South 87° East 214.5 feet; then South 43° 40' East 423 feet to an iron pin; thence South 84° West 747.5 feet to an iron pin ce North 30 West 399 feet to an iron pin, old stone corner of George Little; thenc it le line, North 84° West 457 feet to the point of BEGINNING, and containing 68.6� res m or less. Being also Deed Book 1214, Page 869, Catawba County Regi This Deed is conveyed subject to any and all encurujAks o ord4survey. (4) PIN: 3752-15-55-8910 (6.30 and 174.60 acre,-1 B Tract 1: Beginning at a 1 1/8" rod set in the stelNorner of the Edna Mae Little heirs property, said rod being also found i easte 'ne of the property presently owned by Dewey c. Hunsucker; and running thenc 'th Hun cker's eastern line, North 02° 10" East 518.62 feet to a'/z" rebar in the in of the right of way of Interstate 40; thence with the southern margin of e r' t o w y of Interstate 40 the following calls and distances: North 78° 51' 17" E 3 .63 feet o a right of way monument; thence North 12° 51' 59" West 19.77 feet to a rig f wal� nl6nument; thence North 78° 55' 46" East 509.20 feet to a 7/8" pipe; thence 47' 32" East 190.54 feet to a right of way monument; thence North 12° 24' " Wes feet to a right of way monument; thence North 78° 47' 32" East 141.21 feet a n stake set in the northern line of the Walter J. Yount Heirs; thence with no ester es of Yount Heirs, Dan A. Hunsucker and the Little Heirs, South 56° 52' assing an iron stake set at 320.50 feet, in all a total of 1414.93 feet to the ce and t �efhc ginning; containing 6.30 acres, this description being taken from a survek-Kevin r, RLS, dated October 4, 1997. Tract II: Berg at a 1 %2" pipe set in the northern margin of the right of way of Interstate 40, said pipe being located North 78° 05' 33" East from a "speed monument" (N:724,095.665; E: 1,353,856.564) and being also the southeastern corner of the Dewey C. Hunsucker property and running thence from said Beginning point with Hunsucker's eastern 00538309 3716-0062 line, North 33° 41' 03" West 555.01 feet to a 7/8" pipe; thence South 72° 17' 35" West" 242.00 feet; thence continuing with Hunsucker's eastern line, North 18° 05' 49" West 794.27 feet to a 1" rod; thence North 42° 19' 2 1 " West 691.16 feet to a 1" rod; thence continuing with Hunsucker's line, North 56° 41' 59" East 1184.97 feet to a 7/8" pipe; thence North 57° 31' 46" East 65.10 feet to a 5/8" rod in the southeastern corner of Carolyn B. Huffman; thence with Huffman's eastern line, North 27° 08' 13" West, passing a 1" splined shaft at 500.14 feet, in all a total of 528.20 feet to an iron stake set in the southern margin of Rock Barn Road; thence with the southern margin of Rock Barn Road the following calls and distances: South 89° 29' 01" East 99.00 feet and North 85° 33' 09" East 137.07 feet to an iron stake set in the northwestern corner of Barbara L. Wilcox; thence with Wilcox's western line South 28° 55' 37" East, passing a 1" iron rod at 32.32 feet, in all a total of 404.52 feet to a 1 3/8" angle iron; thence with Wilcox's southern line, North 56° 15' 56" East 868.21 feet to an existing iron stake in a tree in the southwestern corner of Nello P. Wiley; thence with Wiley's southern line, and the southern line of Alva R. Bumgarner, North 56° 10' 28" East 241.97 feet to an existing 1 3/4" rod; thence continuing with Bumgarner's southern line, North 56° 13' 55" East 69.81 feet to an axle; thence with the southern line of Ray E. Bumgarner, North 56° 22' 06" East 121.95 feet to a 2" pipe; thence with Bumgamer's western line and the western line of Richard Williar et al, and Lois L. Bryant South 42° 23'03" East 2823.86 feet to an axle; thence with Wi lJoiLand Bryant's northern line, South 56° 52' 14" West 1270.74 feet to a 1/2" rod set i t e n ern right of way margin of Interstate 40; thence with the northern right of way margin of I state 40 the following calls and distances, each to a right of way monu outh 78°049' 34" West 211.67 feet; South 11° 38" 04" East 34.84 feet; South 780 58' 4"Wtst 858:68 feet; North 110 31' 49" West 39.44 feet; South 78043' 34" feet; * 78 34" Nest 301.40 feet; South 14° 16' 19" East 40.08 feet; and South 79° 00' 30" st feet to the place and point of Beginning, containing 174.60 acres, tdescription g taken from a survey by Kevin D. Hefner, RLS dated October 4, 1997.4* N This Deed is conveyed subject to any and a encum ces of record or survey. Being the identical property conveyed to Grantors bylkis Bowm n Moose in Deed Book 2191, Page 1048. (5) PIN: 3752-15-73-2614 (31.94 acres 95ok3269, Page 1875 PARCEL ONE: 44 BEGINNING at a�Jesternmoiro in in the southern right of way line of Interstate 40, same being a northweste orcornerof the former Charles W. Young Property (reference Deed Book 43 age 1 ), (North Carolina PIN: 3752-16-84-1145) AND RUNNING THEN FRO AID GINNING CORNER along the southwestern line of Yount South 5 '23" East 1,514.85 feet (crossing an existing iron pin after 1,494.72 feet) to a corner in t me e of the creek, southern corner of Yount (Plat Book 36, Page 80); thence with th no hwestern line of the Tract described below South 35° 15' 17" West 50.16 feet, said line running with the centerline of the creek, to a corner; thence continuing with the centerline of creek as the property line and the northwestern line of Bolick and later the northwestern line in said creek of Isenhour; Elizabeth A. Smyre (reference Deed Book 00538309 3716-0063 3072, Page 707) first South 38° 06' 14" West 84.95 feet to a point in the creek, second South 0063 25° 46' 07" West 78.06 feet to a point in the creek, third South 39° 38' 07" West 43.78 feet to a point in the creek, fourth South 58° 45' 07" West 211.37 feet to a point in the creek, fifth South 10° 36' 17" West 78.35 feet to a point in the creek, sixth South 49° 47' 57" West 108.67 feet to a point in the creek, and seventh South 61 ° 16' 25" West 148.53 to a point in the creek in the line or at the corner of the Dan A. Hunsucker Property; thence with the northeastern line of said Hunsucker and first running just northeast of and later running just west of a fence North 52° 28'33" West (crossing a new iron pin after 30 feet) a total of 1,057.49 feet to a new iron pin, corner with Hunsucker; thence with Hunsucker's line South 11 ° 51' 17" West 73.20 feet to a new iron pin west of a creek; thence again with his line North 55°14'33" West 570.57 feet running mostly northeast of the creek but also crossing a loop in the creek to a new iron pin located southwest of the creek; thence again with Hunsucker's line running across several loops in the creek North 45°05'34" West 181.70 feet to a new iron pin just on the eastern side of the creek; thence again cutting across a loop in the creek and running with the northeastern or close to the eastern bank of the creek with Hunsucker's line North 33°47'24" West 213.06 feet to a new iron pin at or near the eastern edge of a creek, corner of Hunsucker in the southern right of way line of Interstate 40; thence with the southern right of way line of Interstate 40 first North ° 19' 10" East 190.54 feet to a right of way monument; thence North 10°45'37" West 44.84ocetinuing ght of way monument; thence North 80°19'10" East 141.24 feet to an iron pin; t said course of North 80°22'53" East 304.64 and North 80°22'34" East 29the POINT OF BEGINNING and containing a total of 31.944 acres and de ' ap as 31.944 acres. This description is taken from a survey by Darrin S, or, dated February 23, 2014 with reference thereof to said surveyor er de tion. FOR FURTHER REFERENCE TO TITLES tEED RFCORDED IN BOOK 2181, PAGE 1681 AND BOOK 1745, PAGE 26 ATAWBAOUNTY REGISTRY. PARCEL TWO: Lot 10 of Peachtr ja own on map recorded in Plat Book 36, Page 80 of the Catawba County Regist ir erence to same being made for description. AL Being all of Catawba County PIN No. 3752-16-83-1456. The above tract being conv ed by the "Developers" of the property in Deed Book 1905, Page 56, CaNit A ty try and known as the Yount Heirs 10-58 acre parcel such that the Gralopers acknowledge and affirm that Lot 10 can be used for access, ingres egrs utility purposes to serve Parcel One described herein. This consen dgement of access and utilities being expressly permitted as the Develope aid rights to waive, amend or otherwise change the restrictions by said language in Paragraph 22, in Book 1905, Page 58, Catawba County Registry. 00538309 3716-0064 Exhibit B Legal Descriptions Permanent Conservation Easements Hunsucker Legacy Farms, LLC Catawba County, North Carolina (1) Permanent Conservation Easement (PIN: 3752-10-36-4087) (CE-1) A permanent conservation easement over a portion of land in Clines Township, Catawba County, North Carolina as shown on Plat entitled "Conservation Easement Survey for Water & Land Solutions, L.L.C., Starker Mitigation Site (USACE Action ID Number SAW-2020-01540) on the Property of Hunsucker Legacy Farms, LLC", dated September 16, 2021, prepared by WithersRavenel, and recorded in Plat Book 0 , Page /y.2 - / t144 , Catawba County Registry, and being a portion of a parcel owned by Hunsucker Legacy Farms, LLC (PIN: 3752-10-36-4087) more particularly described as follows: Beginning at a new 5/8" rebar located on the boundary line between sucker Farms property (PIN: 375210364087) and Hunsucker Farms Parcel A (PIN: 3752155 2), said rebar being South 03°05'59" West 886.94 feet from Control Point # 3001, said co t p t having NC grid coordinates (NAD 83 - 2011) of N=725,414.08, E=1,353,797.36, said r r also ng South 73°47'45" West 735.71 feet from natural rock monument. Thence frog~ eginning, South 73°47'45" West 59.94 feet to a point in creek, thence S�kth 13 VTst80.10feettoa point in creek, thence South 48°26'15" East 27.80 feet toiTit in cSouth 13°12'08" East 69.92 feetto apoint in creek, thenceNorth 8541'15jWest 75.95/8" rebar, thence North 139741" West 279.63 feet to a 5/8" rebar, the#e N 26°1?7" West 375.85 feet to a 5/8" rebar, thence North 63°48'53" East 141.59 feet to a 5/8" r thence South 28°53'55" East 399.00 feet to a 5/8" rebar, thence South 10°14'01" t 149.01 fe to the point and place of beginning containing 92,112 sq. ft. or 2.115 acres e or less. ^ 'T (2) Permanent Conservation Easement (P752-10-36-4087) (CE-2) 14U;� A permanent conservation ease t over a portion of land in Clines Township, Catawba County, North Carolina as shown4WINKat e titled "Conservation Easement Survey for Water & Land Solutions, L.L.C., Star .tigationFite (USACE Action ID Number SAW-2020-01540) on the Property of Hunsucke gac rms, LLC", dated September 16, 2021, prepared by WithersRavenel, an*ecor m Pla ook 83 , Page /41,2 - /�/� ,Catawba County Registry, and being a po tion of a parcel owned by Hunsucker Legacy Farms, LLC (PIN: 3752-10-36- more particul rly described as follows: Beginning 5/8" rebar located on the boundary line between Hunsucker Farms property parcel B (PIN:375215534132) and Hunsucker Farms (PIN: 375210364087), said rebar being South 72°01'29" West 1134.54 feet from an existing iron rod found, said existing iron rod having NC grid coordinates (NAD 83 - 2011) of N=723,970.63, E=1,355,054.22, said iron rod also 00536325 3716-0065 being South 41°02'50" West 1,913.96 feet from Control Point # 3001, said control point having NC 0065 grid coordinates (NAD 83 - 2011) of N=725,414.08, E=1,353,797.36. Thence from said point of Beginning, South 01°00'04" East 78.43 feet to a 5/8" rebar, thence South 88°23'47" West 161.84 feet to a 5/8" rebar, thence North 00°40'50" East 194.01 feet to a 5/8" rebar, thence North 15°26'33" West 254.25 feet to a 5/8" rebar, thence South 86°34'50" East 75.25 feet to a point in the creek, thence South 16°53'00" East 136.35 feet to a point in the creek, thence South 04°06'19" West 43.16 feet to a point in the creek, thence South 32° 14'28" West 47.32 feet to a point in the creek, thence South 14°38'27" East 68.09 feet to a point in the creek, thence North 83°19'44" East 54.03 feet to a point in the creek, thence South 02°08'00" West 102.03 feet to a point in the creek, thence North 72'01'29" East 76.06 feet to the point and place of beginning containing 35,432 sq. ft. or 0.813 acres more or less. (3) Permanent Conservation Easement (PIN: 3752-10-36-4087) (CE-3) A permanent conservation easement over a portion of land in Clines Township, Catawba County, North Carolina as shown on Plat entitled "Conservation Easement Survey for Water & Land Solutions, L.L.C., Starker Mitigation Site (USACE Action ID Number SAW-2020-01540) on the Property of Hunsucker Legacy Farms, LLC", dated September 16, 2021, pared by WithersRavenel, and recorded in Plat Book 803 , Page /yZ - A , Catawba County Registry, and being a portion of a parcel owned by Hunsucker TAVC LLC (PIN: 3752-10-36-4087) more particularly described as follows: 1 Commencing at a new 5/8" rebar located on the boundary linfbetwee Hunsucker Farms property parcel B (PIN:375215534132) and Hunsucker Farms (PIN: 3752103 087), said rebar being South 72'01'29" West 1134.54 feet from an existi4 iron rod found, 3Taid existing iron rod having NC grid coordinates (NAD 83 - 2011) of N=*,970.63, E=14L55,054.22, said iron rod also being South 41°02'50" West 1,913.96 feet from Control Point #Ot, said control point having NC grid coordinates (NAD 83 - 2011) of N=725,414.08,0=1,353,79W36. Thence from said rebar point South 01 °00'04" East 78.43 feet to a 5/8" rebar, the Sout*ast corner of CE 2, thence South 40°44'41" East 96.70 feet to a 5/8" rebar theh East orner of CE 3 and being the point and place of Beginning, thence South 02°30'53' ast 415.07 et to a 5/8" rebar, thence South 26°29'00" East 43 8.8 5 feet to a 5/8" rebar, thence outh 41°10' tboundary"East 436.93 feet to a 5/8" rebar, thence " South 37°15'50" East 388.31 feet to a 5 reltIRline between Hunsucker Farms (PIN: 375210364087 and Hunsuc Lr s (PIN: 375219523168), being the North corner of CE 6, thence along the boundary line South 13°4W8" West 121.79 feet to a point in the creek, Thence with the creek the next 2 calls, , t4wce South 349 V52" East 462.00 feet to a point in the creek, thence South 30°411Z" East 38.771W to a point in the creek, thence South 69'09'11" West 73.20 feet to a 5/8" rebar, the South t Corner of CE 3, thence North 33°16'44" West 368.13 feet to a 5/8" rebar, th\arebar, h 43°48' " West 353.31 feet to a 5/8" rebar, thence North 30°36'28" West 315.32 feet to �ence North 43°21'49" West 415.20 feet to a 5/8" rebar, thence North 24°10'24" Wt to a 5/8" rebar, thence North 04°43'25" East 206.97 feet to a 5/8" rebar, thence North 15°47'36" West 196.84 feet to a 5/8" rebar, thence North 88°23'47" East 219.91 feet to a 5/8" rebar, to the point and place of beginning containing 370,567 sq. ft. or 8.507 acres more or less. 00536325 3716-0066 (4) Permanent Conservation Easement (PIN: 3752-10-36-4087) (CE-7) A permanent conservation easement over a portion of land in Clines Township, Catawba County, North Carolina as shown on Plat entitled "Conservation Easement Survey for Water & Land Solutions, L.L.C., Starker Mitigation Site (USACE Action ID Number SAW-2020-01540) on the Property of Hunsucker Legacy Farms, LLC", dated September 16, 2021, prepared by WithersRavenel, and recorded in Plat Book (93 , Page /,t/,2 - IYl , Catawba County Registry, and being a portion of a parcel owned by Hunsucker Legacy Farms, LLC (PIN: 3752-10-36-4087) more particularly described as follows: Beginning at a new 5/8" rebar on the Southwest corner of CE7, located on the boundary line between Hunsucker Farms property (PIN:375210364087 ) and Hunsucker Farms tract 2 (PIN: 375211558910), said rebar being North 58°17' 14" West 684.80 feet from an existing iron rod, said iron rod having NC localized coordinates (NAD 83 - 2011) of N=725,019.47, E=1,353,777.93, said iron rod also being North 01'50' 18" West 605.71 feet from Control Point # 3001, said control point having NC grid coordinates (NAD 83 - 2011) of N=725,414.08, E=1,353,797.36. Thence from said point of Beginning, North 25°01'27" West 49.27 feet to a 5/8" rebar, thence North 21 °02'00" West 367.90 feet to a 5/8" rebar, thence North 12°2731" West 249.99 feet to a 5/81' ar, thence North 88°56'47" East 185.63 feet to a 5/8" rebar, thence South 05°27'39" East 195.90 fe o a 5/8" rebar, thence South 229 5'25" East 289.41 feet to a point, thence South 22° 12'42" fast 91.90 feet to a 5/8" rebar, thence South 58017114" West 166.67 feet to a 5/8" rebar, the po nd Dace of beginning containing 103,051 sq. ft. or 2.366 acres more or less. (5) Permanent Conservation Easement (PIN: 3 A permanent conservation easement over a County, North Carolina as shown on Plat entitled " Land Solutions, L.L.C., Starker Mitil the Property of Hunsucker Legacy F, WithersRavenel, and recorded in Pla County Registry, and being a portion 3752-15-53-4132) more particularly f land 174&ines Township, Catawba serfient Survey for Water & Number SAW-2020-01540) on Over 16, 2021, repared by Page /-112 - /5`Y' , Catawba Hunsucker Legacy Farms, LLC (PIN: Beginning at a new 5/8" rebar locatedoTTTe boundary line between Hunsucker Farms property (PIN: 375210364087) aft Hunsu ker Farms Parcel A (PIN: 375215534132), said rebar being South 03°05'59" Wes 6.94 feet frPm Control Point # 3001, said control point having NC grid coordinates (NAD 8 3,OXOI I N=725,414.08, E=1,353,797.36, said rebar also being South 73047'45" West 73 feet f m laral rock monument. Thence from said point of Beginning, thence South 10°14'01" East 1 76 feet to a 5/8" rebar, thence North 85°41'15" West 72.85 feet to a point in theA&k, thence orth 13°12'08" West 69.92 feet to a point in the creek, thence North 48'26'15" West 27.80 feet f a point in the creek, thence North 13°05'26" East 80.10 feet to a point in the creek, thence North 73°47'45" East 59.94 feet to the point and place of beginning containing 13,240 sq. ft. or 0.304 acres more or less. 00536325 3716-0067 (6) Permanent Conservation Easement (PIN: 3752-15-53-4132) (CE-5) 6067 A permanent conservation easement over a portion of land in Clines Township, Catawba County, North Carolina as shown on Plat entitled "Conservation Easement Survey for Water & Land Solutions, L.L.C., Starker Mitigation Site (USACE Action ID Number SAW-2020-01540) on the Property of Hunsucker Legacy Farms, LLC", dated September 16, 2021, prepared by WithersRavenel, and recorded in Plat Book o J , Page AeP - /1V� , Catawba County Registry, and being a portion of a parcel owned by Hunsucker Legacy Farms, LLC (PIN: 3752-15-53-4132) more particularly described as follows: Beginning at a new 5/8" rebar located on the boundary line between Hunsucker Farms property parcel B (PIN:375215534132) and Hunsucker Farms (PIN: 375210364087), said rebar being South 72°01'29" West 1134.54 feet from an existing iron rod found, said existing iron rod having NC grid coordinates (NAD 83 - 2011) of N=723,970.63, E=1,355,054.22, said iron rod also being South 41°02'50" West 1,913.96 feet from Control Point # 3001, said control point having NC grid coordinates (NAD 83 - 2011) of N=725,414.08, E=1,353,797.36. Thence from said point of Beginning, South 72°01'29" West 76.06 feet to a point in the creek, thence North 02°08'00" East 102.03 feet to a point in the creek, thence South 83' 19'44" West 54.03 feet to�koint in the creek, thence North 14°38'27" West 68.09 feet to a point in the creek, thence North 32°14'28" East 47.32 feet to a point in the creek, thence North 04°06'19" East 43.16 feet to a poinkSo�l0 ceek, thence North 16°53'00" West 136.35 feet to a point in the creek, thence South 86°3East 99.04 feet to a 5/8" rebar, thence South 11 °33'20" East 249.87 feet to a 5/8" rebar, t �l�1 °00'04" East 100.93 feet to the point and place of beginning containing 34#7 sq r 0.7 acres more or less. (7) Permanent Conservation Easement (PIN: 3752419-52-3 8) - ) A permanent conservation easement over a p•' of land in ines Township, Catawba County, North Carolina as shown on Plat entitled " se ionsement Survey for Water & Land Solutions, L.L.C., Starker Mitigation Site ( CE A ID Number SAW-2020-01540) on the Property of Hunsucker Legacy Farms, LLC" d� September 16, 2021, prepared by WithersRavenel, and recorded in Plat Book j Page /4e2 - / ,Catawba County Registry, and being a portion 3752-19-52-3168) more particularly LLC (PIN: Commencing at a new 5/8" rebar ated on the boundary line between Hunsucker Farms property parcel B (PIN:375JW34132) an Hunsucker Farms (PIN: 375210364087), said rebar being South 72°01'29" W 113�feet from an existing iron rod found, said existing iron rod having NC grid coo�ates AD 8 2011) of N=723,970.63, E=1,355,054.22, said iron rod also being South 41°02'50' West1N3.96 feet from Control Point # 3001, said control point having NC grid coordina AD 83 2011) of N=725,414.08, E=1,353,797.36. Thence from said rebar point South 01 ° 4" Eas 8.43 feet to a 5/8" rebar the Southeast corner of CE 2, thence South 40°44'41"East 96. o a 5/8" rebar the NorthEast corner of CE 3. Thence South 02°30'53" East 415.07 feet to a 5/8" rebar, thence South 26°29'00" East 438.85 feet to a 5/8" rebar, thence South 41 ° 10'47" East 436.93 feet to a 5/8" rebar, thence South 37° 15'50" East 388.31 feet to a 5/8" rebar on the boundary line between Hunsucker Farms (PIN: 375210364087 and Hunsucker Farms 00536325 3716-0068 (PIN: 375219523168), and being the point and place of Beginning, thence South 37°15'50" East OC6' 142.69 feet to a 5/8" rebar, thence South 29°02'03" East 455.68 feet to a 5/8" rebar, thence South 69'09'11" West 61.15 feet to a point in the creek on the boundary line between Hunsucker Farms (PIN: 375210364087 and Hunsucker Farms (PIN: 375219523168), thence along the boundary line next 3 calls, North 30°41'52" West 38.77 feet to a point in the creek, thence North 349 F52" West 462.00 feet to a point in the creek, thence North 13°48'08" East 121.79 feet to a 5/8" rebar, to the point and place of beginning containing 44,645 sq. ft. or 1.025 acres more or less. (8) Permanent Conservation Easement (PIN: 3752-19-52-3168) (CE-12) A permanent conservation easement over a portion of land in Clines Township, Catawba County, North Carolina as shown on Plat entitled "Conservation Easement Survey for Water & Land Solutions, L.L.C., Starker Mitigation Site (USACE Action ID Number SAW-2020-01540) on the Property of Hunsucker Legacy Farms, LLC", dated September 16, 2021, prepared by WithersRavenel, and recorded in Plat Book o'.3 , Page /,5�2 — I, Catawba County Registry, and being a portion of a parcel owned by Hunsucker Legacy Farms, LLC (PIN: 3752-19-52-3168) more particularly described as follows: Beginning at a new 5/8" rebar located on the boundary line between H ker Farms property tract 1 (PIN: 375211558910) and Hunsucker Farms (PIN: 3752195 6 , .d rebar being North 83°25'25" East 840.36 feet from an existing iron rod found, said exist ironhaving NC grid coordinates (NAD 83 — 2011) ofN=723,970.63, E=1,355,054.22 0 o being South 41°02'50" West 1,913.96 feet from Control Point # 3001, sai on point aving NC grid coordinates (NAD 83 — 2011) of N=725,414.08, E=1,353,7 6 Thence fronysaid point of Beginning, North 58°23'52" East 81.31 feet to a point on the ban�f the creek and on the boundary line of Hunsucker Farms (PIN: 375211558910) andnsucker Fa(PIN: 375215732614), thence along Hunsucker Farms boundary for the next �5 lls, th 33�56'19" East 131.83 feet to an iron rod found, thence South 45°01'36" East 181.00 poi hence South 55°14'33" East 570.57 feet to an existing iron rod found, thence 11 ° 7" East 73.20 feet to a point, thence South 52028'35" East 437.52 feet to a 5/8" rebar on bound ry line of Hunsucker Farms (PIN: 375211558910) and Hunsucker Farms (P�l5 14), thence South 21°26'59" East 186.23 feet to a 5/8" rebar, thence South 67°50'39' est 14 43 feet to a 5/8" rebar, thence North 30°22'42" West 287.66 feet to a 5/8" roar, thence NFrth 60°22'40" West 478.33 feet to a 5/8" rebar, thence North 50°08'52" West 537.48 feet to a 9OPPIFebar, thence North 274728" West 129.27 feet to a 5/8" rebar, the point and place of j�egning, containing 157,663 sq. ft. or 3.619 acres more or less. A"44 (9) Permanent Conservation Easement (PIN: 3752-11-55-8910) (CE-8) A per ent conservat%l easement over a portion of land in Clines Township, Catawba County, North lina as shown on Plat entitled "Conservation Easement Survey for Water & Land Solutions, L. the Property of Hunker Mitigation Site (USACE Action ID Number SAW-2020-01540) on s r Legacy Farms, LLC", dated September 16, 2021, pre ared by WithersRavenel, and recorded in Plat Book �-3 , Page /`f a '/�1 , Catawba County Registry, and being a portion of a parcel owned by Hunsucker Legacy Farms, LLC (PIN: 3752-11-55-8910) more particularly described as follows: 00536325 3716-0069 Beginning at a new 5/8" rebar on the Northwest Corner of CE 8, located on the boundary line between Hunsucker Farms property (PIN:375210364087 ) and Hunsucker Farms tract 2 (PIN: 375211558910), said rebar being North 58°17' 14" West 684.80 feet from an existing iron rod, said iron rod having NC localized coordinates (NAD 83 — 2011) of N=725,019.47, E=1,353,777.93, said iron rod also being North 01 °50' 18" West 605.71 feet from Control Point # 3001, said control point having NC grid coordinates (NAD 83 — 2011) of N=725,414.08, E=1,353,797.36. Thence from said point of Beginning, along the boundary line, North 58°17'14" East 166.67 feet to a 5/8" rebar, thence South 22°12'42" East 367.76 feet to a 5/8" rebar, thence South 57°47'43" West 148.65 feet to a 5/8" rebar, thence North 25°01'27" West 366.49 feet to a 5/8" rebar, the point and place of beginning containing 57,253 sq. ft. or 1.314 acres more or less. (10) Permanent Conservation Easement (PIN: 3752-11-55-8910) (CE-9) A permanent conservation easement over a portion of land in Clines Township, Catawba County, North Carolina as shown on Plat entitled "Conservation Easement Survey for Water & Land Solutions, L.L.C., Starker Mitigation Site (USACE Action ID Number SAW-2020-01540) on the Property of Hunsucker Legacy Farms, LLC", dated September 16, 20AK� d by WithersRavenel, and recorded in Plat Book 8.3 , Page ��� — , Catawba County Registry, and being a portion of a parcel owned by Hunsucker Lega ar LC (PIN: 3752-11-55-8910) more particularly described as follows: — Commencing at a new 5/8" rebar on the Northwest Co er of CE 8, to ated on the boundary line between Hunsucker Farms property (PIN:3752103640N�and Hunsucker arms tract 2 (PIN: 375211558910), said rebar being North 58°17' 14" West 484.80 feet froAWexisting iron rod, said iron rod having NC localized coordinates (NAD 83 #011) of N=725,019.47, E=1,353,777.93, said iron rod also being North 01 °50' 18" West 605.71 feet from C of Point # 3001, said control point having NC grid coordinates (NAD 83 — 2011) of N— 5,414.08, 1,353,797.36, thence South 25°01'27" East 366.49 feet to a 5/8" rebar, the So est Cor* of CE 8, thence South 275717" East 60.17 feet to a 5/8" rebar, the Northweser ofE 9 and being the point and place of Beginning, thence North 574743" East 16 .85 etJsIt a�5/8" rebar, thence South 32°24'44" East 438.27 feet to a 5/8" rebar, thence Soutk41°28'51" 440.33 feet to a 5/8" rebar, thence South 25°21'16" East 263.91 feet to a 5/8" rebar, the'i�south 59°49'20" West 166.82 feet to a 5/8" rebar, the southwest corner of CE 9, tho*e Nortl�29°04'16" West 285.95 feet to a 5/8" rebar, thence North 39°27'15" West 384�t to a 5/8' ebar, thence North 32°36'46" West 461.68 feet to a 5/8" rebar, the point and p o beginning containing 190,469 sq. ft. or 4.373 acres more or less. Jv 00536325 0069 3716-0070 (11) Permanent Conservation Easement (PIN: 3752-11-55-8910) (CE-10) 000 A permanent conservation easement over a portion of land in Clines Township, Catawba County, North Carolina as shown on Plat entitled "Conservation Easement Survey for Water & Land Solutions, L.L.C., Starker Mitigation Site (USACE Action ID Number SAW-2020-01540) on the Property of Hunsucker Legacy Farms, LLC", dated September 16, 2021, prepared by WithersRavenel, and recorded in Plat Book eJ , Page /=/2. — /4/c/ , Catawba County Registry, and being a portion of a parcel owned by Hunsucker Legacy Farms, LLC (PIN: 3752-11-55-8910) more particularly described as follows: Commencing at a new 5/8" rebar on the Northwest Corner of CE 8, located on the boundary line between Hunsucker Farms property (PIN:375210364087 ) and Hunsucker Farms tract 2 (PIN: 375211558910), said rebar being North 58° 17' 14" West 684.80 feet from an existing iron rod, said iron rod having NC localized coordinates (NAD 83 — 2011) of N=725,019.47, E=1,353,777.93, said iron rod also being North 01'50' 18" West 605.71 feet from Control Point # 3001, said control point having NC grid coordinates (NAD 83 — 2011) of N=725,414.08, E=1,353,797.36. thence South 25'01'27" East 366.49 feet to a 5/8" rebar, the Southwest Corner of CE 8, thence South 27°57'17" East 60.17 feet to a 5/8" rebar, the North West Corner of CE 9, thence SouthNof ast 461.68 feet to a 5/8" rebar, thence South 39'27'15" East 384.86 feet to a 5/8" rebar, 29'04'16" East 285.95 feet to a 5/8" rebar, the Southwest corner of CE 9, thence Southast 60.00 feet to a 5/8" rebar, the Northwest corner of CE 10 and being the point nning, thence North 59°49'20" East 170.64 feet to a 5/8" rebar, thence Sout 5' 19'41 " first 261.45 feet to a 5/8" rebar, thence South 39°48'59" East 432.63 feet to a 5/ *ebar, thence S th 80°12'30" West 165.59 feet to a point, thence North 41 °21'05" West 366.e�t two a 5/8" rebar, thence North 29°03'21" West 269.78 feet to a 5/8" rebar, to the poi t an lace of binning containing 101,945 sq. ft. or 2.340 acres more or less. (12) Permanent Conservation Easement (PIN: Jl�2-11-55-8910) (CE-11) 1* A permanent conservation easement 9W a porti n of land in Clines Township, Catawba County, North Carolina as shown on Plat entitled "Cons vation Easement Survey for Water & Land Solutions, L.L.C., Starker Mitigation Site (USACE Action ID Number SAW-2020-01540) on the Property of Hunsucker Legacy Farms, LLQjjOated September 16, 2021, prepared by WithersRavenel, and recorded in*t Book 5'3 , Page /4/2 — /41'1 , Catawba County Registry, and being a ortion of a �rcel owned by Hunsucker Legacy Farms, LLC (PIN: 3752-11-55-8910) more pa descri ed as follows: Beginning atl�hew " reba ocated on the boundary line between Hunsucker Farms property tract (PIN: 375211 10) and Hunsucker Farms (PIN: 375219523168), said rebar being North 83°25' ast 840. feet from an existing iron rod found, said existing iron rod having NC grid coordinates D 83 12011) of N=723,970.63, E=1,355,054.22, said iron rod also being South 41°02'50" We 10,7'13.96 feet from Control Point # 3001, said control point having NC grid coordinates (NAD 83 — 2011) of N=725,414.08, E=1,353,797.36. Thence from said point of Beginning, North 27°47'28" West 80.97 feet to a 5/8" rebar, the northwest corner of CE 11, thence North 80°19'26" East 155.62 feet to a 5/8" rebar, thence South 45°34'48" East 23.38 feet to a 5/8" 00536325 3716-0071 rebar, thence South 58°23'52" West 155.39 feet to a 5/8" rebar, the point and place of beginning containing 7,751 sq. ft. or 0.178 acres more or less. (13) Permanent Conservation Easement (PIN: 3752-15-73-2614) (CE-13) A permanent conservation easement over a portion of land in Clines Township, Catawba County, North Carolina as shown on Plat entitled "Conservation Easement Survey for Water & Land Solutions, L.L.C., Starker Mitigation Site (USACE Action ID Number SAW-2020-01540) on the Property of Hunsucker Legacy Farms, LLC", dated September 16, 2021, prepared by WithersRavenel, and recorded in Plat Book (6-'3 , Page /51�2- — / V5!,' , Catawba County Registry, and being a portion of a parcel owned by Hunsucker Legacy Farms, LLC (PIN: 3752-15-73-2614) more particularly described as follows: Commencing at a new 5/8" rebar located on the boundary line between Hunsucker Farms property tract 1 (PIN: 375211558910) and Hunsucker Farms (PIN: 375219523168), said rebar being North 83°25'25" East 840.36 feet from an existing iron rod found, said existing iron rod having NC grid coordinates (NAD 83 — 2011) of N=723,970.63, E=1,355,054.22, said iron rod also being South 41°02'50" West 1,913.96 feet from Control Point # 3001, said control t having NC grid coordinates (NAD 83 — 2011) of N=725,414.08, E=1,353,797.36. Thence Nort °23'52" East 81.31 feet to a point on the current bank of the creek and on the boundary lin of ucker Farms (PIN: 375211558910) and Hunsucker Farms (PIN: 375215732614), the point and pla of Beginning, thence North 58°23'52" East 74.08 feet to a 5/8" rebar, thgarebar, uth 45 34'48" East 266.50 feet to a 5/8" rebar, thence South 49°1T41" East 310.91feet t thence South 62°49'30" East 260.29 feet to a 5/8" rebar, thence South 55*5 * E54eet to a 5/8" rebar, thence South 21 °26'59" East 112.95 feet to a 5/8" rebar J the boundary Worf Hunsucker Farms (PIN: 375211558910) and Hunsucker Farms (PIN: 3?dK15732614), t%nce along the boundary line for the next 5 calls, North 52°28'35" West 437.52 feet to a point, t1ence South 11'51'17" West 73.20 feet to an existing iron rod, thence North 55'14'33" West 517.57 feet to a point, thence North 45'01'36" West 181.00 feet to an existing iron rodlWid , theme North 33°56'19" West 131.83 feet to a point, the point and place of beginning c . 'ngT4,647 sq. ft. or 2.173 acres more or less. (14) Access to the Permanent Consey io�x avents Access to and through the permanent co19-vation easements described above and conveyed herein, shall be (1) as provided in this deed, and (2) as provided on the Plat referenced above (See Notes 9 and 10), to provide i s, egress, id regress for purposes of accessing the permanent conservation easements se h above, a d as shown on the aforesaid map recorded in Plat Book �3e � — , of the Catawba County Registry. 00536325 1i