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HomeMy WebLinkAbout20201366 Ver 2_Foy Farm Recorded CE from RS to NCWHF_20240129ID#* 20201366 Version* 2 Select Reviewer: Katie Merritt Initial Review Completed Date 01/30/2024 Mitigation Project Submittal - 1/29/2024 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: Barrett Jenkins barrett.jenkins@davey.com Project Information ID#: * 20201366 Version:* 2 Existing ID# Existing Version Project Type: DMS Mitigation Bank Project Name: Foy Farm Nutrient Offset Bank County: Jones Document Information Mitigation Document Type:* Mitigation Conservation Easement File Upload: Foy Farm Recorded CE from RS to NCWHF.pdf 4.84MB Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name:* Barrett Jenkins Signature: fir! t to Page 1 of 19 Image ID: 000000274422 TYpe Recorded: 12/14/202 ,e 1tof1190'O6 Al"1 Fee Amt: $42.00 Page Jones, NcGray Register of Deeds Susan 5• pG443 BK432 Excise Tax: NTC Prepared By: Arrowhead Law, PLLC (JS), PO Box 6449, Raleigh, NC 27628 Return After Recording to: Restoration Systems, LLC Attn: Barrett Jenkins I101 Haynes St., Suite 211 Raleigh, NC 27604 Parcel Identification Reference: Parcel ID Number 4479-80-60-1900 (P/O) Brief Description for the Index: 78.25 acre Conservation Easement PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") is made this _ _ day of November, 2023, by and between Restoration Systems, LLC, a North Carolina limited liability company, with the address of 1101 Haynes St., Suite 211, Raleigh, North Carolina 27604 ("Grantor") and North Carolina Wildlife Habitat Foundation, Inc., a North._.Caralina nonprofit corporation, with the address of 8207 Market Street, Suite P, P.O. Box 10743, Wilmington; North Carolina 28404 ("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 Trenton Township, .Zones 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; (a) retaining or protecting natural, scenic, or open -space aspects of real 1� Page 2 of 19 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 Conservation Easement Area, being a portion of the Property, in its natural state, which includes the following natural communities: Neuse River Basin tributaries, unnamed riparian resources, open field ditches, and riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlands, and/or riparian resources and other natural values of approximately 78.25 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 purpose or in any manner that 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 Restoration Systems Neuse 04 Nutrient Offset Umbrella Banking Instrument, NCDWR Project ID# 2020-1366v2 ("NOBI") and the Bank Parcel Development Package ("BPDP") for the Foy Farm Nutrient Offset Bank Parcel ("Site"), North Carolina Department of Environmental Quality, Division of Water Resources ("NCDWR") Project ID# 2020-1366v2; the BPDP and NOBI have been approved, or proposed for approval, by NCDWR, and the NOBI has been, or will be, made and entered into by and between Restoration Systems, LLC, acting as the Bank Sponsor ("Bank Sponsor"), and NCDWR. The Site is intended to be used to compensate for riparian buffer and adjacent riparian areas and/or nutrient impacts in the Neuse River Basin; and WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by Bank Sponsor and NCDWR, including their successors and assigns, (collectively, the "Third - Parties". and individually as the context may require, a "Third -Party"), 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 Grantee's rights of enforcement or any rights of enforcement under the NCDWR Project ID# 2020-1366v2, the NOBI, 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: iWIIN�I@IYIIAIIVIVU181YIWIII111111V1 Image ID: � 444 Type: 19 �432� Page 3 of 19 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. 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 once a year for no more than five consecutive years from the date on page I 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. 00000274424 Type, 9 E image page 3 0 ev432 PG445 Page 4 of 19 G. Si_._gnape. 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. 1. 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. 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 Bank Sponsor or Grantee, and their employees and agents, successors, assigns, and NCDWR for purposes of constructing, maintaining and monitoring the restoration, enhancement and preservation of streams, wetlands and 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 Ill. 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 IWV'lIIPhYY�WK4Wl�'bNI�YH'�Ri�V image ID: 000000274425 446 �;pi3 �432 a Page 5 of 19 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 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 NOBI 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, along those access easement areas as particularly described in Exhibit B, and Conservation Easement Area at 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 the Third -Parties. and their authorized representatives, successors and assigns 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. ENFORCEMENT AND 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 Conservation 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 or a Third -Party, such party 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 or any Third -Party may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee and the Third -Parties reserve 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 or the Third -Parties would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee and the Third -Parties provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to them in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's or the Third -Parties' expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined image ID�YIVi6NK9V�WiW411��1'MI�q 432 =�44:7 26 �� � Page 6 of 19 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 or the Third -Parties 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 of Grantee and the Third -Parties 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 or the Third -Parties 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 Vl. 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 ofNCDWR. 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 N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code or N.C. Gen. Stat. § 121-35 et seq., 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 A reement and Severabili . The NOBI with corresponding BPDP, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Image rwYo��a000000�i�im�uNm�uui�T ag32 o�q°qg fir" Page 7 of 19 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 to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. if livestock operations will be maintained or are hereafter introduced on the Property, Grantor is responsible for all long-term management activities associated with fencing to ensure livestock do not 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. Extinauishment. 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. 1. Eminent Domain 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 the 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: Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 I�le VddIW���MWl��q�q �432 •�449 �� Page 8 of 19 To Grantee: North Carolina Wildlife Habitat Foundation, Inc. P.O. Box 29187 Greensboro, NC 27429-9187 To Bank Sponsor: Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 To NCDWR: 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 Grantec'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 the BPDP, prepared by Grantee acting as Bank Sponsor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Grantor acknowledges it has received a copy of the BPDP. It will be used by the parties to assure that any future changes in the use of the Conservation Easement Area will be consistent with the 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 casements perpetually unto Grantee for the aforesaid purposes. 4 [SWGNATURUAPPEAR ONFOLLOWINGPAGES] Image IW�IINID: WM'Ul0002i�'�ItiIN�'F�' ;� �432 ==450 " Page 9 of 19 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR. Restoration Systems, LLC, a North Carolina limited liability company By: Na e: Title: STATE OF NORTH CAROLINA COUNTY OF I, a Notary Public of the State and County aforesaid; do hereby certify that the following person(s) personally appeared before me this day and acknowledged that he/she is the - of Restoration Systems, LLC, and that by authority duly given he/she signed the foregoing instrument in its name, on its behalf and as its act and deed for the purposes stated herein:, Witness my hand and official stamp or seal, this theZ day of 2073 . [SEAL],--' Z" O-� A R O _ lllllll Iiilll III Illlf IIIII IIIII IIIII IIIII IIIII Illll Illll IIIII IIIII Ilfll IIII IIII Image 10: 000000274430 Type: ESt1T Pape 9 of 19 BK432 PG451 Sigmature of Notary P Printed Name of Notary Pubic My commission expires: i f-14eZ Page 10 of 19 IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. GRANTEE: North Carolina Wildlife Habitat Foundation, Inc., a North Carolina nonprofit corporation Name: 46a STATE OF NORTH CAROLINA COUNTY OF 1, a Notary Public of the State and County aforesaid, do hereby certify that the following person(s) personally appeared before me this day and acknowledged that he/she is the .�. of North Carolina Wildlife Habitat Foundation, Inc., and that by authority duly given he/she signed the foregoing instrument in its name, on its behalf and as its act and deed for the purposes stated herein: 9r .e,,/ Witness my hand and official stamp or seal, this th day of Nlax4oe 207z,. "" 111 i t 1 E 1110111, P" [SEAL N Hq '�flllf11111111�yi IVlillllll!IIIIIIIIIIIIUIIII�IInIN119111kIIkill Image ID: 000000274431 HI ==432 a452"19 :� Printed Name of Notary Public / My commission expires: 0 Page 11 of 19 EXHIBIT A (Legal Description of the Property) BEING all of that 236.74 acre, more or less, tract or parcel of land lying and being in Trenton Township, Jones County, North Carolina, on the West side of NCSR 1318 (Nobles Loop Road) and on both sides of NCSR 1300 (Middle Road) and being all of Tract 3, containing 225.47 acres, more or less, and all of Tract 4, containing 11.27 acres, more or less, and being as shown on a boundary plat of survey dated 9/12/2022 prepared by John A. Rudolph which is recorded in Plat Cabinet C Slide 129. Page 6 and Plat Cabinet C Slide 130, Paae 1 of the Jones County Registry and is incorporated herein by reference for the description_ Said property consists of properties described in that deed recorded in Book 426, Page 297, and for additional reference see also those deeds recorded in Book 105 Paae 193, Book 112, Page 297 and Book 165. Page 772 and maps recorded in Map Book 1A. Page 140 (now Plat Cabinet B_ Slide 25, Paite 140) and Map Book 2. Page 42 (now Plat Cabinet B. Slide 41 Paae 42), all of the Jones County Registry. Parcel ID: 4479-80-60-1900 I�IfIIIn�I�IIIYI�INItli� IIIIIIY�I�II Image ID: � � �� ,9 �432=453 10 Page 12 of 19 I*:i:11:�1fI7:� (Legal Description of the Conservation Easement Area) BEING that area of land containing a combined total of 78.25 acres, more or less, consisting of and as shown and depicted as "CONSERVATION EASEMENT AREA 1" and "CONSERVATION EASEMENT AREA 2" and "CONSERVATION EASEMENT AREA 3" and "CONSERVATION EASEMENT AREA 4" on a plat of survey entitled "CONSERVATION EASEMENT FOR RESTORATION SYSTEMS, LLC OVER THE LANDS CURRENTLY OWNED BY RESTORATION SYSTEMS, LLC", dated October 23, 2023, prepared by John A. Rudolph, NC PLS License No. L-4194 of K2 Design Group, Firm License No. C-21 11, and being recorded in the Office of the Register of Deeds of Jones County. North Carolina at Plat Book or Cabinet Page , which plat is hereby incorporated by reference (the "Conservation Easement Plat"), together with those easements for ingress, egress, and regress to the Conservation Easement Area as described below, and all being more particularly described as follows: CONSERVATION EASEMENT AREA 1 All of the Conservation Easement Area 1 of the Foy Farm Site over a portion of the land of Restoration Systems, LLC (Pin No.: 447980601900) lying and being situated in Trenton Township, Jones County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 115 and being located North 03010'10" East 110.84 feet from an iron stake (Point No. 27) with N.C. Grid Coordinates N= 489,954.7458', E= 2,477,830.8841' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 115), North 86a34'44" West 128.01' to an iron stake; thence South 09Q25'07" West 236.03' to an iron stake; thence South 67a35'20" West 129.09' to an iron stake; thence North 86035'25" West 261.16' to an iron stake; thence North 59002'52" West 137.01' to an iron stake; thence South 86055'08" West 281.69' to an iron stake; thence South 86°55'08" West 30.19' to an iron stake; thence South outh ((8I6J'5II5j'((f08" West 191.72' to an iron stake; Image ID: 000000274433 Type: ESMT 11 Pape 12 of 19 SK432 PG454 Page 13 of 19 thence North 03019'46" West 423.24' to an iron stake; thence North 86°45'07" East 654.34' to an iron stake; thence South 55°00'29" East 143.05' to an iron stake; thence North 35022'19" East 139.46' to an iron stake; thence North 13"01'57" West 153.40' to an iron stake; thence North 01 043'23" East 385.44' to an iron stake; thence North 35°31'24" East 211.99' to an iron stake; thence North 74046'49" East 472.51' to an iron stake; thence South 25°41'51" East 266.99' to an iron stake; thence South 70016'02" Vilest 254.53' to an iron stake; thence South 00049'06" East 23.87' to an iron stake; thence South 00"49'06" East 31.71' to an iron stake; thence South 00049'06" East 278.65' to an iron stake; thence South 00036'56" East 226.23' to an iron stake; thence South 24016'49" West 241.50' to an iron stake; which is the paint of beginning, having an area of 20.93 acres. CONSERVATION EASEMENT AREA 2 All of the Conservation Easement Area 2 of the Foy Farm Site over a portion of the land of Restoration Systems, LLC (Pin No.: 447980601900) lying and being situates! in Trenton Township, Jones County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): INNIIIIIIfIVI��IYIR�@f�flINIIIIIIIAi Image ID: � Page ,`��19 1- �432G455 Page 14 of 19 Beginning at an iron stake (Point of Beginning) labeled as Point No. 138 and being located North 35°23'08" East 1085.21 feet from an iron stake (Point No. 27) with N.C. Grid Coordinates N= 489,954.7458', E= 2,477,830.8841' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 138), thence North 40015'25" West 141.52' to an iron stake; thence North 40'15'25' West 32.03' to an iron stake; thence North 40°15'25" West 108.54'to an iron stake; thence North 09°36'19" East 171.68' to an iron stake; thence North 59°38'31 " East 211.26' to an iron stake; thence South 88a03'54" East 128.55' to an iron stake; thence North 60°53'40" East 318.36' to an iron stake; thence North 23°59'39" East 197.17' to are iron stake; thence South 79052'11" East 460.48' to an iron stake; thence South 00039'58" East 113.50' to an iron stake; thence South 00°39'58" East 35.48' to an iron stake; thence South 89014'10" West 260.44' to an iron stake; thence South 24008'05" West 146.49' to an iron stake; thence South 60°24'05" West 168.72' to an iron stake; thence South 30°34'45" East 155.28' to an iron stake; thence South 58°06'04" West 346.62' to an iron stake; thence North 57°27'51" West 89.68' to an iron stake; thence South 64°09'59" West 236.19' to an iron stake; which is the point of beginning, having an area of 9.67 acres. Image ID: •432 ==45� 6;Type: 19 =Page IIIPIT 13 Page 15 of 19 CONSERVATION EASEMENT AREA 3 All of the Conservation Easement Area 3 of the Foy Farm Site over a portion of the land of Restoration Systems, LLC (Pin No.: 447980601900) lying and being situated in Trenton Township, Jones County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 28 and being located South 58°54'20" East 282.18 feet from an iron stake (Point No. 27) with N.C. Grid Coordinates N= 489,954.7458', E= 2,477,830.8841' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 28), South 76°53'29" East 68.07' to an iron stake; thence North 15'06'19" East 300.74' to an iron stake; thence South 72°09'35" East 158.67' to an iron stake; thence North 27°29'34" East 95.90' to an iron stake; thence South 87°14'17" East 89.17'to an iron stake; thence North 54"48'41" East 103.56' to an iron stake; thence North 40'19'19" East 102.07' to an iron stake; thence North 07°25'29" East 101.56' to an iron stake; thence North 53°06'09" East 388.25' to an iron stake; thence North 05°33'26" East 161.35' to an iron stake; thence North 43°49'28" East 448.79' to an iron stake; thence North 00°31'32" West 94.62' to an iron stake; thence North 89°24'05" East 124.94' to an iron stake; thence North 59°48'55" East 257.07' to an iron stake; thence South 87°05'53" East 62.49' to an iron stake; thence South 87'05'53" East 126.12' to an iron stake; thence South 52°31'26" East 262.51' to an iron stake; thence North 78°28'27" East 225.91' to an iron stake; thence South 60'46'19" East 167.11' to an iron stake; thence South 14039'24" East 174.96' to an iron stake; IIIII�II I911�IG�IOIIIII�INIYI�II��II Image ID: a�432 �457;�°19 Page 16 of 19 thence South 16°22'45" West 170.12' to an iron stake; thence North 62'21'11" West 243.70' to a non-monumented corner; thence South 56011'30" West 50.94' to a non-monumented corner; thence South 65°54'42" West 42.42' to a non-monumented corner, - thence South 78°36'06" West 184.71' to a non-monumented corner; thence South 37054'58" East 249.05' to a non-monumented corner; thence South 26o09'28" East 55.27' to a non-monumented corner; thence South 29000'49" East 107.51' to a non-monumented corner; thence South 38'29'59" East 88.64' to an iron pipe; thence South 43039'18" East 169.18' to an iron stake; thence South 27°29'43" West 221.33' to an iron stake; thence North 57016'26" West 247.43' to an iron stake; thence North 35°49'36" West 261.27' to an iron stake; thence North 55°22'35" West 573.52' to an iron stake; thence South 37°32'59" West 182.22' to an iron stake; thence South 15°43'29" West 167.19' to an iron stake; thence South 49052'45" West 121.24' to an iron stake; thence South 17'51'16" West 113.81' to an iron stake; thence South 50038'43" West 160.98' to an iron stake; thence South 5801613" West 447.63' to an iron stake; thence South 15°06'46" West 349.59' to an iron stake; thence South 48'28'58" West 269.15' to an iron stake; thence South 39001'11" East 602.27' to an iron stake; thence South 12°58'35" East 93.50' to an iron stake; thence South 64°03'28" East 414.47' to an iron stake; thence South 35023'41" East 77.4q' to an iron stake; l Illllll IIIIII 111 IIIII IIIII Illll hill IIIII IIIIIIlll lull 11011 lull IIII III I image ID: 000000274437 Type: ESMT 15 Page 16 of 19 BK432 PG458 Page 17 of 19 thence South 35023'41" East 68.18' to an iron stake; thence South 61 "29'55" East 146.97' to an iron stake; thence South 32'47'39" West 175.63' to an iron stake; thence South 32047'39" West 53.81' to a non-monumented corner; thence North 56'13'48" West 109.84' to a non-monumented corner; thence North 51'53'11" West 58.06' to a non-monumented comer; thence North 45030'34" West 29.40' to a non-monumented corner; thence North 38' 16'37" West 26.19' to a non-monumented corner; thence North 41 '19'17" West 35.08' to a non-monumented corner; thence North 38"00'22" West 24.95' to a non-monumented corner; thence North 31 °46'53" West 25.17' to a non-monumented corner; thence North 52044'15" West 31.20' to a non-monumented corner; thence North 56027'09" West 25.76' to a non-monumented corner; thence North 61 °24'45" West 18.18' to a non-monumented corner; thence North 78030'19" West 26.63' to a non-monumented corner; thence North 68'23'15" West 46.38' to a non-monumented corner; thence North 70°02'36" West 46.31' to a non-monumented corner; thence North 58°11'18" West 14.68' to a non-monumented corner; thence North 67°29'54" West 13.54' to a non-monumented corner; thence North 69*31'16" West 14.32' to a non-monumented corner; thence South 82'22'17" West 29.67' to a non-monumented corner; thence North 63"05'09" West 22.28' to a non-monumented comer; thence North 44°54'03" West 19.88' to a non-monumented corner; thence North 43°31'15" West 31.88' to a non-monumented corner; thence North 53025'56" West 96.69' to a non-monumented corner; thence North 44008'19" West 93.19' to a non-monumented corner; I Illl�il I!III�II IIIII 1111111111 Ilil) Illll IIIII IIIII Illil I III Illll IIIII IIII IIII Image ip: 000000274438 Type: ESMT 16 Page 17 of 19 BK432 PG459 Page 18 of 19 thence North 37059'42" West 75.04' to a non-monumented corner; thence North 38044'58" West 236.83' to a non-monumented corner; thence South 30°32'47" West 29.23' to a non-monumented corner; thence North 56°14'13" West 161.44' to a non-monumented corner; thence North 30'18'1Y West 242.00' to a non-monumented corner; thence North 47°01'00" East 105.73' to an iron stake; thence North 43°50'36" East 110.98' to an iron stake; thence North 46"47'49" West 35.22' to an iron stake; thence North 14°47'12" West 170.12' to an iron stake; thence North 60'54'06" West 105.04' to an iron stake; thence North 11 °59'28" East 166.75' to an iron stake; which is the point of beginning, having an area of 39.72 acres. CONSERVATION EASEMENT AREA 4 All of the Conservation Easement Area 4 of the Foy Farm Site over a portion of the land of Restoration Systems, LLC (Pin No.: 447980601900) lying and being situated in Trenton Township, Jones County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 193 and being located South 37°39'38" West 626.32 feet from an iron stake (Point No. 27) with N.C. Grid Coordinates N= 489,954.7458', E= 2,477,830.8841' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 193), South 49°17'21" East 198.30' to an iron stake; thence South 76°19'57" East 136.57' to an iron stake; thence North 38012'52" East 65.84' to an iron stake; thence South 41 °39'49" East 105.28' to an iron stake; thence South 30056'08" West 186.73' to an iron stake; 17 460 llagID: �A�AI'W��I'INW�N�f��7a�' Page 19 of 19 thence South 07057'32" West 106.92' to an iron stake; thence South 06044'34" West 57.95' to an iron stake; thence South 41 °23'57" West 154.88' to an iron stake; thence North 74'41'20" West 200.25' to an iron stake; thence North 58°34'20" West 147.26' to an iron stake; thence North 42'03'24" West 202.00' to an iron stake; thence North 42°03'24" West 40.51' to an iron stake; thence North 42°03'24" West 47.81' to an iron stake; thence North 42°03'24" West 241.63' to an iron stake; thence North 48'26'46" East 35.37' to an iron stake; thence North 48026'46" East 115.44' to an iron stake; thence North 73°02'49" East 195.29' to an iron stake; thence South 80°59'06" East 173.58' to an iron stake; thence South 49°1T21" East 40.02' to an iron stake; which is the point of beginning, having an area of 7.93 acres. ACCESS EASEMENTS TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE RIGHT OF ACCESS OVER, ACROSS AND THROUGH THE PROPERTY ALONG THOSE AREAS OF LAND AS DEPICTED AND LABELED ON THE INCORPORATED CONSERVATION EASEMENT PLAT AS "ACCESS EASEMENT I" (VARIABLE WIDTH), "ACCESS EASEMENT 2" (30' WIDE), "ACCESS EASEMENT 3" (30' WIDE), "ACCESS EASEMENT 4" (30' WIDE), AND "ACCESS EASEMENT 5" (30' WIDE), FOR THE PURPOSES OF INGRESS, EGRESS, AND REGRESS TO THE CONSERVATION EASEMENT AREA, AND FOR GRANTEE EXERCISING ITS RIGHTS AND FULFILLING ITS OBLIGATIONS UNDER THIS CONSERVATION EASEMENT. 111111111111111111111111111lllllll1111111I11111111 IIII11111111111111Illlllll Image ID: 000000274440 Type: ESMT Paqe 19 of 19 BK432 PG461 m 5 F I ° " ',el°moo: Y�$ ii` j 3 > "' g § 3��� �*`"•a PR CL OE;ig. 3 9; s W �l rnn •�z:E •°�� goo Ila CK a�I P g rorn jilo _: �r �t €E€�£€;€� '�L3,€§a��a'gl€��I�!ul�m x s '_ Nrw 'e c i! 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