HomeMy WebLinkAbout20201091 Ver 2_Shady Grove_Easement_Recorded_05092023_20230523ID#* 20201091 Version* 2
Select Reviewer:
Katie Merritt
Initial Review Completed Date 05/24/2023
Mitigation Project Submittal - 5/23/2023
Is this a Prospectus, Technical Proposal or a New Site?* Yes No
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name: * Email Address:
Jamey McEachran jmceachran@res.us
Project Information
ID#: * 20201091 Version:* 2
Existing ID# Existing Version
Project Type: DMS Mitigation Bank
Project Name: Shady Grove Mitigation Site
County: Wayne
Document Information
Mitigation Document Type:*
Mitigation Conservation Easement
File Upload: Shady Grove_Easement_Recorded_05092023.pdf 1.08MB
Please upload only one PDF of the complete file that needs to be submitted...
Signature
Print Name:* Jamey McEachran
Signature:
Type: CRP
Recorded: 5/9/2023 10:42:20 AM
Fee Amt: $30.00 Page 1 of 16
WAYNE COUNTY, NC
CONSTANCE B. CORAM REGISTER OF DEEDS
BK 3818 PG 476 - 491
This instrument prepared by, Kennon Craver, PLLC,
a licensed North Carolina attorney. Delinquent taxes,
if any, to be paid by the closing attorney to the county
tax collector upon disbursement of closing proceedings.
PERMANENT CONSERVATION EASEMENT
Excise Tax: $ d c:v ( Xernp� r -t I U C l l q 6 (a),
Parcel Identifier No.: 2563-66-2469
Prepared by and return after recording to: RES, c/o Stephen Colomb, 6575 West Loop
South, Suite 300, Bellaire, TX 77401
Brief description for the Index: 19.829 (+/-) acre Conservation Easement in
Wayne County, NC
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of 2023 by and between Douglas Allen Jernigan and
Aileen K. Jernigan,w ose mailing address is 781 Thunder Swamp Road, Mount Olive, NC
28365 ("Grantor") and Colonel Land, LLC, a Delaware limited liability company, whose
mailing address is 6575 West Loop South, Suite 300, Bellaire, TX 77401("Grantee").
The designation 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.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Wayne County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not -for -profit or educational corporation,
association, or trust qualified under § 501(c)(3) and § 170 (h) of the Internal Revenue
Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include
one or more of the purposes (a) — (d) listed below;
submitted electronically by "Kennon Craver, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Wayne County Register of Deeds.
(a) retaining or protecting natural, scenic, or open -space aspects of real
property;
(b) ensuring the availability of real property for recreational, educational,
or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following natural
communities: riparian buffers. The purpose of this Conservation Easement is to
maintain streams, wetlands and riparian resources and other natural values of
approximately 19.829 acres, more or less, and being more particularly described in
Exhibit B attached hereto and incorporated fully herein by reference (the
"Conservation Easement Area"), and prevent the use or development of the
Conservation Easement Area for any purposeor in any mannerthat would conflict with
the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is also a condition of the approval of the RES 2021 Neuse Umbrella
Mitigation Banking Instrument ("UMBI"), North Carolina Division of Water Resources
("NCDWR") Project ID# 2020-1149v2, and Bank Parcel Develop m ent Package ("BPDP")
for the Shady Grove Riparian Buffer and Nutrient Offset Mitigation Bank, NCDWR
Project ID# 2020-1091v2, which was approved by the NCDWR, and will be made and
entered into by and between Environmental Banc & Exchange, LLC ("EBX"), acting as
the Bank Sponsor ("Bank Sponsor"), and the NCDWR. The Shady Grove Riparian Buffer
and Nutrient Offset Site is intended to be used tocompensate for riparian buffer and
nutrient impacts to surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall
be held by the Bank Sponsor and the NCDWR ("Third -Parties") and may be exercised
through the appropriate enforcement agency of the State of North Carolina, and that
these rights are in addition to, and do not limit, the rights of enforcement under the
NCDWR Project ID# 2020-1149v2 or any permit or certification issued by the Third -
Parties.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and
irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever
and in perpetuity a Conservation Easement of the nature and character and to the extent
hereinafter set forth, over the Conservation Easement Area described on Exhibit B,
together with the right to preserve and protect the conservation values thereof, as
follows:
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 limitingthe generality ofthe foregoing, the following activities anduses
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.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising
display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other
temporary or permanent 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 passage for such purposes are
prohibited.
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation 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 BPDP. Mowing of invasive and herbaceous vegetation
for purposes of enhancing planted or volunteer trees and shrubs approved in the
BPDP is allowable oncea year for no more than five 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 the
Bank Sponsor and shall not violate any part of Item L of 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. Signaee. 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, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any
manner on the Conservation Easement Area, except to restore natural topography or
drainage patterns.
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.,
i hts. 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. 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 the Grantee and the Third -Parties, and their
employees and agents, successors, and assigns for purposes of constructing, maintaining,
and monitoring the restoration, enhancement and preservation of riparian areas within
the Conservation Easement Area.
M. Other Prohibitions. Any other use of, or activity on, 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 representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area
for all purposes not inconsistent with this Conservation Easement, including, but not
limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of
ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area,
the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in
whole or in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including EBX acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of riparian areas within the Conservation Easement Area in accordance
with the approved BPDP, and the UMBI described in the Recitals of this Conservation
Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns and the
Third -Parties, shall have the right to enter the Property in the locations labeled "Access to
Conservation Easement Area from Thunder Swamp Road" and "30' Wide Access Area"
on that certain plat recorded in Plat Book P , Page1ML Pand the right to enter the
Conservation Easement Areaat all reasonable times for the purpose of inspecting the
Conservation Easement Area to determine if the Grantor, or his personal
representatives, heirs, successors, or assigns, is complying with the terms, conditions,
restrictions, and purposes of this Conservation Easement. The Grantee and its authorized
representatives, successors and assigns and the Third -Parties shall also have the right to
enter and go upon 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
ENFORCEMENTAND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, and the Third -
Parties are allowed to prevent any activity on or use of the Conservation Easement
Area that is inconsistent with the purposes of this Easement and to require the
restoration of such areas or features of the Conservation Easement Area that may be
damaged by such 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 30 days after
receipt of such notice to correct the conditions constituting such breach. If the breach
remains uncured after 30 days, the Grantee may enforce this Conservation Easement
by appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without
notice, to obtain a temporary restraining order, injunctive or other appropriate relief if
the breach of 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 Grantee acknowledge that 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
Conservation Easement. The costs of a breach, correction or restoration, including the
Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided
Grantor is determined to be responsible for the breach. The Third -Parties 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 the 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 ofa
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 represents that it 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 Conservation Easement, and that Grantor will warrant and
defend title to the Property against the claims of 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 sixty (60) days prior to the date of the
transfer. The Grantor and Grantee agree that the terms of this 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 written consent and approval of the NCDWR.
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 § 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 purposes
described in this document.
D. Entire Agreement and Severability. The UMBI with corresponding BPDP, and
this Conservation Easement sets forth the entire agreement of the parties with respect
to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any provision
is found to be void or unenforceable by a court of competent jurisdiction,the remainder
shall continue in full force and effect.
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. Grantee
shall not be responsible for any costs or liability of any kind related to the ownership,
operation, insurance, upkeep, or maintenance of the Property, except as expressly
provided herein. Nothing herein shall relieve the Grantor of the obligation tocomply
with federal, state or local laws, regulations and permits that may apply to theexercise
of the Reserved Rights.
F. Long -Term Management. If livestock operations will be maintained on the
property, Grantor is responsible for all long-term management activities associated
with fencing, if and where applicable, to ensure livestock do not have access to the
Conservation Easement Area. These activities include the maintenance and/or
replacement of fence structures, as deemednecessary by the Grantee, to ensure the
aquatic resource functions within the boundaries of the Protected Property 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 inappropriate
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.
I. 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 orthe exercise of eminent domain, Grantee shall be entitled to the fair
market value of this Conservation Easement as determined at the time of the
extinguishment or condemnation.
J. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter
specified by notice pursuant to this paragraph):
To Grantor:
Douglas Allen Jernigan
Aileen K. Jernigan
781 Thunder Swamp Road
Mount Olive, NC 28365
To Grantee:
Colonel Land, LLC
6575 West Loop South, Suite 300
Bellaire, TX 77401
To Sponsor:
Environmental Banc & Exchange, LLC
6575 West Loop South, Suite 300
Bellaire, TX 77401
ToNCDEQ -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.
L. 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.
M. Present Condition of the Conservation Easement Area. The wetlands,
scenic, resource, environmental, and other natural characteristics of the
Conservation Easement Area, and its current use and state of improvement, are
described in Section 2 of the BPDP, prepared by Bank Sponsor and acknowledged
by the Grantor and Grantee to be complete 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 Conservation Easement Area will
be consistent withthe terms of this Conservation Easement. However, this report
is not intended to preclude the use of other evidence to establish the present
condition of the Conservation Easement Area if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee
forthe aforesaid purposes.
[SIGNATURE PAGES TO FOLLOW]
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the
day and year first above written.
GRANTEE:
Colonel Land, LLC
a Delaware limited liability company
Name"'
VIRGINIA
COUNTY OF CC%i O; 1�;c1�n.onc�
I, a Notary Public in and for the County and State aforesaid, do hereby certify that
-$'enn;k,ef- personally appeared before me this day and
acknowledged that he/she is the Awl��Dc y-*A Colonel Land, LLC, a
Delaware limited liability company, and that by authority duly given, and as the act of
the Grantee, he/she signed the foregoing instrument in its name, on its behalf and as its
act and deed for the purposes stated herein.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the I day of
m 2023.
a
Signature of ota ublic
Printed Name of doiary Public
My commission expires: 0 1131 1 p.s
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the
dayand year first above written.
GRANTOR:
(SEAL)
NORTH CAROLINA
COUNTY OF WAIN t
I, W'i It ic.. A UcvGS , a Notary Public in and for the County and State
aforesaid, do hereby certify that Douglas Allen Jernigan, Grantor, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS, WHEREOF, I have hereunto set my hand and Notary Seal this the S day of
.2023.
WILLIAM A JAMES
Notary Public, North Carolina
[SEAL] Wake County
My Commission Expires
November04, 2023
Signature of Not*y Public
Witte.— A A-3
Printed Name of Notary Public
My commission expires: [[ `i 2023
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the
dayand year first above written.
GRANTOR:
(SEAL)
Aileen K. Jernigan
NORTH CAROLINA
COUNTY OF W A'yN
I, Wx tVt,- h a&&-6 , a Notary Public in and for the County and State
aforesaid, do hereby certify that Aileen K. Jernigan, Grantor, personally appeared before
me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS, WHEREOF, I have hereunto set my hand and Notary Seal this the Sµday of
M lr" , 2023.
WILLIAM A JAMES
Notary Public, North Carolina
Wake County
EAQAy Commission Expires
November04, 2023
4j,;(4- 4 d===-:::
Signature of Notalk Public
Printed Name of Notary Public
My commission expires: tI it' ( 2o2)
EXHIBIT A
Legal Description of the Property
BEING 150.287 acres, more or less, tract or parcel of real property situated in Wayne
County, North Carolina, being identified by the PIN number 2563662469, and more
particularly described in deeds recorded in Book 2832, Page 255, of the Wayne County
Registry, North Carolina.
EXHIBIT B
Conservation Easement Area
BEING THAT 19.829 ACRE AREA, AS SHOWN ON PLAT OF SURVEY ENTITLED "CONSERVATION
EASEMENTSURVEY, OWNERS DOUGLAS ALLEN JERNIGAN AND AILEEN KJERNIGAN, PIN 2563-66-
2469, PREPARED FOR ENVIRONMENTAL BANC & EXCHANGE, LLC, "PROJECT NAME: SHADY
GROVE", PROJECT: 21-02-11, MAP: 6/6/2022, PREPARED BY CHRISTOPHER L COLE, PLS NUMBER
L-5008, AND RECORDED IN THE WAYNE COUNTY REGISTER OF DEEDS OFFICE Al' PLAT BOOK
AT PAGE 814 ' (THE "SURVEY"), AND BEING FURTHER DESCRIBED AS FOLLOWS:
}� Pk* rccbr� �n I�laf 13W6 ►�, i�c� Fq-A
CONSERVATION EASEMENT'T'
PARCEL IDENTIFICAITON NUMBER PIN 2563662469
294,821 S.F.
+/- 6.768 AC.
A PERMANENT CONSERVATION EASEMENT OVER A PORTION OF LAND IN BROGDON TOWNSHIP,
WAYNE COUNTY, NORTH CAROLINA AS SHOWN ON A SURVEY PREPARED BY ASCENSION LAND
SURVEYING WITH A PROJECT NUMBER OF 21-02-11
DATED �� $. &CO"j , 2023 AND BEING RECORDED IN PLAT BOOK
P . PAGE $Y- Q WITH THE WAYNE COUNTY REGISTER OF DEEDS OFFICE AND BEING ON
THE LAND OWNED BY (NOW OR FORMERLY) DOUGLAS ALLEN JERNIGAN AND AILEEN K
JERNIGAN.
BEGINNING AT A #4 REBAR BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S 26°02'32" E 105.58" TO A #4 REBAR; THENCE S 07052'26" W 39.91'
TO A #4 REBAR; THENCE S 43°10'51"W 46.96' TO A #4 REBAR; THENCE S 11'28'21" W 40.48' TO
A #4 REBAR; THENCE S 30'58'50" E 108.55' TO A #4 REBAR; THENCE S 04"05'51" E 121.41' TO A
#4 REBAR; THENCE S 64'24'20" W 175.16' TO A #4 REBAR; THENCE S 02°46'31" W 67.89' TO A #4
REBAR; THENCE S 17°43'19" W 190.90' TO A #4 REBAR; THENCE S 63"45'59" W 738.89' TO A #4
REBAR BEING IN THE EASTERN RIGHT OF WAY LINE OF THE 100' CAROLINA POWER AND LIGHT
EASEMENT (DB 2260 PG 718); THENCE WITH THAT RIGHT OF WAY LINE N 25"47'08" W 238.81'
TO A #4 REBAR IN THE CENTERLINE OF A DITCH; THENCE WITH THE CENTERLINE OF THE DITCH
THE FOLLOWING EIGHTEEN (18) CALLS:
1)
N 45°30'16"
E 6.46' TO A POINT
2)
N 62004'50"
E 44.25' TO A POINT
3)
N 66"40'08"
E 26.88' TO A POINT
4)
N 69"13'22"
E 41.97' TO A POINT
5)
N 77-45'46"
E 33.78' TO A POINT
6)
S 86°07'35"
E 11.15' TO A POINT
7)
S 69"22'24"
E 13.91' TO A #4 REBAR
8)
N 65°57'53"
E 46.38' TO A POINT
9)
N 70-29'08"
E 90.75' TO A #4 REBAR
10)
N 36-07'03"
E 35.46' TO A #4 REBAR
11)
N 67"38'21"
E 120.46' TO A POINT
12) N 64"17'13" E 39.52' TO A POINT
13) N 58"18'00" E 178.95' TO A POINT
14) N 08`35'04" E 51.03' TO A #4 REBAR
15) N 04°07'17" E 154.24' TO A #4 REBAR
16) N 52"00'57" E 12.57' TO A #4 REBAR
17) N 64"54'38" E 181.98' TO A #4 REBAR
18) N 15-44'32" W 216.33' TO A #4 REBAR; THENCE LEAVING THE CENTERLINE OF
DITCH N 66038'05" E 188.69' TO THE POINT AND PLACE OF BEGINNING.
DESCRIPTION BASED ON A SURVEY TITLED "CONSERVATION EASEMENT SURVEY
ENVIRONMENTAL BANC & EXCHANGE, LLC, SHADY PROJECT: PROJECT: 20-02-11 "SHADY GROVE"
LEGAL DESCRIPTION
CONSERVATION EASEMENT "2"
PARCEL IDENTIFICAITON NUMBER PIN 2563662469
568,935 S.F.
1 13.061 AC.
A PERMANENT CONSERVATION EASEMENT OVER A PORTION OF LAND IN BROGDON TOWNSHIP,
WAYNE COUNTY, NORTH CAROLINA AS SHOWN ON A SURVEY PREPARED BY ASCENSION LAND
SURVEYING WITH A PROJECT NUMBER OF 21-02-11
DATED �1��( b. , 2023 AND BEING RECORDED IN PLAT BOOK
P PAGE WITH THE WAYNE COUNTY REGISTER OF DEEDS OFFICE AND BEING ON
THE LAND OWNED BY (NOW OR FORMERLY) DOUGLAS ALLEN JERNIGAN AND AILEEN K
JERNIGAN.
BEGINNING AT A #4 REBAR BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S 11"01'09" W 236.90' TO A #4 REBAR; THENCE
S 72003'35" W 1429.96" TO A #4 REBAR; THENCE S 72003'35" W 122.89' TO A #4 REBAR IN THE
CENTERLINE OF A DITCH; THENCE WITH THE CENTERLINE OF THE DITCH THE FOLLOWING
TWENTY FIVE (25) CALLS:
1) S 50°35'04"
W 105.26' TO A #4 REBAR
2) S 57°22'30"
W 147.10' TO A POINT
3) S 45-54'09"
W 31.17' TO A POINT
4) S 74°18'33"
W 23.38' TO A POINT
5) N 85°29'28"
W 18.55' TO A POINT
6) S 67-35'51"
W 78.79' TO A POINT
7) S 79°41'38"
W 33.01' TO A POINT
8) S 47°36'02"
W 10.27' TO A POINT
9) S 83-41'36"
W 26.60' TO A POINT
10) S 37°55'29"
W 24.13' TO A POINT
11) S 57"55'13"
W 40.91 TO A POINT
12) S 82"30'45"
W 50.42' TO A POINT
13) S 41°30'20"
W 17.17' TO A POINT
14) S 72"51'08"
W 10.82' TO A POINT
15) S 60'32'15"
W 40.79' TO A POINT
16) S 79'11'04"
W 28.34' TO A POINT
17) S 44'08'07"
W 25.57' TO A POINT
18) S 75'40'49"
W 27.90' TO A POINT
19) S 41-39'39"
W 28.38' TO A POINT
20) S 56'48'38"
W 30.84' TO A POINT
21) S 43'22'47"
W 54.55' TO A POINT
22) S 86'20'25"
W 32.20' TO A POINT
23) S 62'54'05"
W 36.37' TO A POINT
24) S 59-11'31"
W 47.68' TO A POINT
25) S 44'43'32"
W 54.70' TO A POINT WHERE THE CENTERLINE OF THE DITCH MEETS
THE EASTERN RIGHT OF WAY OF A 100' CAROLINA POWER AND LIGHT EASEMENT (DB 2260 PG
718); THENCE LEAVING THE CENTERLINE OF THE DITCH AND RUNNING WITH THE EASTERN RIGHT
OF WAY OF THE AFOREMENTIONED EASEMENT N 25047'08" W 221.70' TO A #4 REBAR; THENCE
LEAVING THE RIGHT OF WAY N 51034'38" E 110.72' TO A #4 REBAR; THENCE N 63'03'58" E
431.57' TO A #4 REBAR; THENCE N 72'04'09" E 181.94' TO A #4 REBAR; THENCE N 32'00'33" E
114.01' TO A #4 REBAR; THENCE N 53'00'35" E 125.55' TO A #4 REBAR; THENCE N 75002'11" E
485.38' TO A #4 REBAR; THENCE N 72018'14" E 1268.29" TO THE POINT AND PLACE OF
BEGINNING.
DESCRIPTION BASED ON A SURVEY TITLED "CONSERVATION EASEMENT SURVEY
ENVIRONMENTAL BANC & EXCHANGE, LLC, SHADY PROJECT: PROJECT: 20-02-11 "SHADY GROVE"
TOGETHER WITH NON-EXCLUSIVE ACCESS OVER, ACROSS AND THROUGH (1) THAT CERTAIN 30
FOOT WIDE ROAD LEADING FROM THUNDER SWAMP ROAD (SR 1117) LABELED "ACCESS TO
CONSERVATION EASEMENT AREA FROM THUNDER SWAMP ROAD" AND (II) THOSE CERTAIN
AREAS LABELED "30' WIDE ACCESS AREA", ALL AS SHOWN ON THE PREVIOUSLY REFERENCE PLAT
OF SURVEY BY CHRISTOPHER L. COLE, PLS, FOR THE PURPOSES OF GRANTEE AND THE THIRD -
PARTIES ACCESSING THE CONSERVATION EASEMENT AREA AND FULFILLING THEIR RIGHTS AND
OBLIGATIONS UNDER THIS CONSERVATION EASEMENT.
Pag4e 1 of 1
TOTAL AREA INSIDE OF CONSERVATION EASEMENTS
CONSERVATION EASEMENT 1
204,821 S.F. +/- 6.768 AC.
CONSERVATION EASEMENT 2
568,935 S.F. +/- 13.061 AC.
TOTAL:
863,756 S.F.
+/- 1 9.829 AC.
CERTIFICATE OF SURVEY AND ACCURACY
"I, CHRISTOPHER L. COLE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED
DESCRIPTION RECORDED IN BOOK 596, PAGE 566 ; THAT THE BOUNDARIES
NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION
FOUND IN BOOK (AS SHOWN), PAGE (AS SHOWN); THAT THE RATIO OF
PRECISION OR POSITIONAL ACCURACY AS CALCULATED IS 1: 1 5,000; THAT
THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED
AND THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE
RECOMBINATION OF EXISTING PARCELS, A COURT -ORDERED SURVEY, OR
OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION;
(1) CLASS OF SURVEY: CLASS -A �� ,CARO����'%
NAIL (FOUND) (2) POSITIONAL ACCURACY: 0.07'
NAD83/201 �OPO (3) TYPE OF GPS FIELD PROCEDURE: RTK/VRS
N: 537,506.05 , �O I� (4) DATES OF FIELD SURVEY: 3/23/202 1 = - SEAL
E: 2,264,81094 O� G ��pl (5) DATUM/EPOCH: NAD83/201 I L-5008 =
�P oj� pJ (6) GEOID MODEL: 1 2A
(7) COMBINED GRID FACTOR(S): 0.99987066
/ \ (6) UNITS: U.S. SURVEY FEET SURv
WITNESS MY ORIGINAL SIGNATURE, REGISTRATION LICENSE NUMBER
AND SEAL THIS 8TH DAY OF MAY, A.D.,2023.
%O� T z
Digitally signed by Christopher L. Cole
�r Christopher L. Cole , Date. 2023.05.08 09:05:25 -04 00
\ CHRISTOPHER L. COLE
REGISTRATION/LICENSE NO. NCPLS L-5008
NC FIRM LICENSE NO. C-4288
anted For R istr
3
Date
F rwne m
CONSTA14CE B. CORAIN a79
�$ 6 Register of Deeds
PROPERTY LINE PER BOUNDARY �"� W Cownh6
WW
� C.
AAM
LINE AGREEMENT l
DEED BOOK: 3739 v' �Defwty
PAGE 59 y\\` \
&\\ \
O\\ V��-i Q� \
Ln
LO
F
`C51� NOW OR FORMERLY \
DOUGLAS ALLEN JERNIGAN \
AILEEN K JERNIGAN \
PARCEL ID: 2563662469 \
DEED BOOK: 2832
PAGE: 255
� t
\j6o G�
PROPERTY LINE PER BOUNDARY
LINE AGREEMENT m
DEED BOOK: 3739
PAGE 59�
i� VA6CONSERVATION
VA5 EASEMENT " i " N� 2
_A3�+I-
�
6:0)
0
�
j311'Wl11E
N ACCESS AREA
O�y\ Q\ \
�N Off\ -� \
�0� �\
7
\
BOUNDARY LINE/LCE FOLLOW
THE CENTERLINE OF THE CREEK
PLAT BOOK: L
PAGE: 62
1�
A3\5
3°035�
N6 ,
BOUNDARY LINE/LCE FOLLOW
THE CENTERLINE OF THE CREEK
��� Lf_ PLAT BOOK: L
12 �/ \ PAGE: 62
L22
�ZR - NOW OR FORMERLY \0
LILLIE JONES �\
PARCEL ID: 256354 1 295
DEED BOOK: 1 102 \
PAGE: 53 1
\
WAYNE COUNTY MAPPING DEPARTMENT
NOW OR FORMERLY
JOSEPH POWELL
PARCEL ID: 2563655 197
DEED BOOK: 1 390
PAGE: 535
REVIEW OFFICER CERTIFICATION
I, REVIEW OFFICER OF
WA NE UN CERTIFY THAT THE MAP OR PLAT TO
WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL
STATUARY REQUIREMENTS FOR RECORDING FOR
WHICH THE REVIEW OFFICER HAS RESPONSIBILITY AS
PROVIDED BY LAW.
LEGEND
VICINITY MAP
(NOT TO SCALE)
pp
REBAR (SET)
O
POINT NOT SET
N
PL
PROPERTY LINE (SURVEYED)
- - PL- - -
PROPERTY LINE (NOT SURVEYED)
-- RW---
RIGHT OF WAY
- - TB - -
TOP OF BANK
--l_CE
CONSERVATION EASEMENT
r r r
r
CONSERVATION EASEMENT " I"
�0`It
O� G
SNP
CONSERVATION EASEMENT "2"
SITE
LINE TABLE
LINE
BEARING
LENGTH
L I
S72°03'35"W
122.89
L2
S50'35'04"W
105.26
L3
S57°22'30"W
147.10
L4
S45°54'09"W
31.17
L5
S74'18'33"W
23.38
LG
N85'29'28"W
18.55
L7
S67°35'51 "W
78.79
L8
j S79°41'38"W
33.01
L9
S47°36'02"W
10.27
LIO
S83°41'36"W
26.60
L I I
S37°55'29"W
24.13
1_12
S82°30'45"W
50.42
L 13
S41 °30'20"W
17.17
L14
S72°51'08"W
10.82
L 15
S60°32'15"W
40.79
LIG
S79'11'04"W
28.34
L 17
S44°08'07"W
25.57
L 18
S75°40'49"W
27.90
L 19
S41'39'39"W
28.38
L20
S56'48'38"W
30.84
LINE TABLE
LINE
I BEARING
LENGTH
LG I
S02°46'31 "W
67.89
LG2
S17°43'19"W
190.90
LG3
N28°50'37"W
17.63
LG4
S57'55'13"W
40.91
LINE TABLE
LINE
BEARING
LENGTH
L2I
S43'22'47"W
54.55
L22
S86°20'25"W
32.20
L23
S62°54'05"W
36.37
L24
S59°11'31 "W
47.68
L25
S44°43'32"W
54.70
L2G
N25°47'08"W
221.70
L27
N51°34'38"E
110.72
L28
N72'04'09"E
181.94
L29
N32°00'33"E
114.01
L30
N53'00'35"E
125.55
L31
S11°01'09"W
236.90
L32
S72'03'35"W
204.54
L33
S78°23'35"W
66.58
L34
N25'47'08"W
238.81
L35
N45°30'16"E
6.46
L3G
N62°04'50"E
44.25
L37
N66'40'08"E
26.88
L38
N69°13'22"E
41.97
L39
N77°45'46"E
33.78
L40
S86°07'35"E
11.15
w
C BAKER CHAPEL CH.
J
LINE TABLE
LINE
BEARING
LENGTH
L4I
S69°22'24"E
13.91
L42
N65°57'53"E
46.38
L43
N70'29'08"E
90.75
L44
N36°07'03"E
35.46
L45
N67°38'21 "E
120.46
L4G
N6417'1 YE
39.52
L47
N58°18'00"E
178.95
L48
N08°35'04"E
51.03
L49
N04°07'17"E
154.24
L50
N52°00'57"E
12.57
L5I
N64'54'38"E
181.98
L52
N15°44'32"W
216.33
L53
N66°38'05"E
188.69
L54
S26°02'32"E
105.58
L55
S07'52'26"W
39.91
L5G
S4310'51 "W
46.96
L57
S11 `28'21 "W
40.48
L58
S30°58'50"E
108.55
L59
SO4°05'51"E
121.41
LGO
S64'24'20"W
175.16
f-j '�w
< Q / -0
ACCE55 TO IRON FIFE
EAEME TAP
A )0
R
z nr-_ � 0 = �_ _TiE (FOUND)
SWAMP ROADFPCM'THUNDE' 5-7
NAIL (FOUND)
t�E �33 (TIE)
32 NAD83/201 I
✓ N:535,926.32
3
r y E:2,267,547.09
i
SURVEYORS NOTES:
1) BASIS OF BEARINGS: NCGS GRID COORDINATES,
NAD 83/201 1 DATUM.
2) FIELD WORK COMPLETED ON 4/ 1 5/202 1.
3) ALL DISTANCES ARE HORIZONTAL GRID DISTANCES IN U.S.
SURVEY FEET UNLESS OTHERWISE NOTED.
4) THE AREAS SHOWN HEREON WERE COMPUTED USING THE
COORDINATE COMPUTATION METHOD.
5)LINES NOT SURVEYED ARE SHOWN AS BROKEN LINES FROM
INFORMATION REFERENCED ON THE FACE OF THIS PLAT.
6)PROPERTY SUBJECT TO ALL EASEMENTS AND
RESTRICTIONS OF RECORD.
7) FLOODFLAIN ZONE X
MAP:3720256400K
DATE: 6/20/ 1 8
CID: 370254
PANEL: 2564
r.
2 N
8) "ACCESS AREAS" SHOWN ARE NOT EASEMENTS.
A
1� 2
DOES NOT REPRESENT A COMPLETE BOUNDARY
c�
NY TRACT SHOWN HEREON AND IS ONLY
ILLUSTRATE THE LIMITS OF A CONSERVATION
2
2.00, of 100, 200, 400' 800,
IN FEET
1 INCH = 200 FEET
REVISION: 5/8/2023-REVISED SOUTHERN DISTANCE OF
CONSERVATION EASEMENT 2 FROM 1418.0 I' TO 1423.90
CONHONVATION EASEMENT 5URVEY
OWNER5
DOUGLA5 ALLEN JERNIGAN AND AILEEN K
JERNIGAN
DROGDON TOWN5HIP, WAYNE COUNTY, NC
PREPARED FOR
ENVIRONMENTAL BANC * EXCHANGE, LLC
"PROJECT NAME: SHADY GROVE"
NC FIRM LICENSE NO: C-4288 NC PLS NO: L-5-008
Profe551onal Land Surveying * Con5ulting
I I G WIIIIam5 Road, IV10Ck5VIIIe, NC 27028
Phone: (704) 579-7 197
Small: 5urveyor.chr15007@gmall.com
PROJECT. 21-02 -11
SHEET 1 OF 1 SCALE: 1-2-00 MAP: 3/2/2-023