20100099 Ver 5_Conservation Easements_20160616 (45)

Prepared by and Return
STATE OF NORTH CAROLINA
PERMANENT CONSERVATION
EASEMENT
COUNTY OF JOHNSTON
THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement") made
this day of 120 by and between Barbara A. Willoughby, Karen
A. Hartley and husband Jesse E. Hartley, Frank L. Baumgartner, trustee of the FAYE A.
BAUMGARTNER REVOCABLE TRUST, and Faye A. Baumgartner, trustee of the FRANK L.
BAUMGARTNER REVOCABLE TRUST (hereinafter collectively referred to as "Grantors") and
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
Johnston County, North Carolina, more particularly described as the Conservation Easement Area
in Exhibit A attached hereto and incorporated herein ("Property"); and

WHEREAS, the Conservation Easement Area is identified on Exhibit A attached hereto and
incorporated herein by reference and on that plat recorded in Plat Cabinet Slide
, Johnston County; and
WHEREAS, Grantor and Grantee desire to facilitate the establishment of an environmental
mitigation bank on the Property as more particularly described herein; and
WHEREAS, Grantee agrees that it shall cause the appropriate environmental mitigation
and restoration to be accomplished on the Property as more particularly set forth herein and, upon
completion of such restoration and mitigation, Grantee will assign this Conservation Easement to
the North Carolina Wildlife Habitat Foundation, Inc., a North Carolina not for profit corporation
whose purpose is the conservation of property and which is qualified to be the grantee of a
conservation easement pursuant to N.C. Gen. Stat. §121-34 et. sec and Internal Revenue Code
§ 170(h); and
— - - Formatted: Indent: First line: 0"
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic
value of the property in its natural state. The purpose of this Conservation Easement is to
maintain streams, wetland and/or riparian resources and other natural values of the Property,
consisting of approximately X acres, more or less, and being more particularly described in
Exhibit A, such exhibit being attached hereto and incorporated fully herein by reference
("Property"), and prevent the use or development of the Property for any pmose or in any
manner that would conflict with the maintenance of the Property in accordance with this
Conservation Easement.
WHEREAS. the creation_ restoration. and Dreservation of the Property is a condition of
the approval of the inclusion of the Property in the "Tiger Swamp Nutrient Offset Bank Parcel
Development Package" (BPDP) for the Tiger Swamp Nutrient Offset Mitigation Bank (Bank)
created by Restoration Systems, LLC (RS). The BPDP for the Bank, Division of Water
Resources Project ID# 2010-0099v5, was submitted on May 20, 2016 to the North Carolina
Department of Environmental Oualitv- Division of Water Resources (DWR) and is Dendine
approval by the DWR
WHEREAS. the Dreservation of the Conservation Easement ProDerty is also reauired by the RS
Grantee's Neuse River Basin Riparian Buffer and Nutrient Mitigation Umbrella Banking
Instrument ("Mitigation Banking Instrument") made and entered into by and among Restoration
Svstems. LLC and the North Carolina Division of Water Oualitv ("DWO" ). now known as
Division of Water Resources ("NCDWR") on March 17, 2008
TT,....,,,,'Rank Parcel is identified o Exhibit A.,tt.,ched hereto
rater that pla4feeerded:r nl, �Cabi et Slide
and

WHEREAS, the preservation of the 'hise., D;-o eet Nam-'Bank Parcel irequired and
Banking instrument ("�,�utrient Nelitigation Banking Instrument") on file with the North Carolin
D:vision or ug, 4e f Quality ("DWQ2-
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 Property described on Exhibit
A, 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 Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the Property.
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 Property 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 Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Property.

F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Property; nor enlargement or modification to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions or
proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as
owner of the property.
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 Property 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 Property, 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 above, on or over the Conservation
Easement other than for temporary or occasional access for purposes of maintaining the
Conservation E -easement area.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property 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 itself, and its successors or assigns, the right to continue the
use of the property for all purposes not inconsistent with this Conservation Easement, including, but
not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right
to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property,
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 GrantorGrantee, its
successors and assigns, the right to construct riparian buffef-restoration efforts for purposes ofaxd
nutrient offset mitigation on the Property, in accordance with the detailed mitigation pi approved
in efdanee with ti. Bank Parcel Development Package as defined in Article VI.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, the North Carolina
Division of Water Resources ("NCDWR") shall have the right to enter the Property at all reasonable
times for the purpose of inspecting the Property to determine if the Grantor, or its successors, or assigns,
and third parties is—are complying with the terms, conditions, restrictions, and purposes of this
Conservation Easement. The Grantee shall also have the right to enter and go upon the Property for
purposes of monitoring and maintaining the riparian restoration areas, 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 is allowed to prevent any
activity on or use of the Property that is inconsistent with the purposes of this Easement and to require
the restoration of such areas or features of the Property 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 term 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 NCDWR shall have the same right to enforce
the terms and conditions of this easement as the Grantee.
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 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 Property 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 Property 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
Property. 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 Property 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 under N.C. Gen. Stat. § 121-34 et seq. 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 BPDP, MBI and this Conservation Easement is
ias!d-amesets 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
to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the
Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the continued use
of the Property for the conservation purposes, this Conservation Easement may only be extinguished,
in whole or in part, by judicial proceeding.

G. Eminent Domain. Whenever all or part of the Property 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.
H. Proceeds. This Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of this Property 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. The parties stipulate that the fair market value of
this Conservation Easement shall be determined by multiplying the fair market value of the Property
unencumbered by this Conservation Easement (minus any increase in value after the date of this grant
attributable to improvements) by the ratio of the value of this easement at the time of this grant to the
value of the Property (without deduction for the value of this Conservation Easement) at the time of this
grant. The values at the time of this grant shall be the values used, or which would have been used, to
calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal
Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the
proceeds in a manner consistent with the purposes of this Conservation Easement.
I. 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:
Barbara A. Willoughby
3270 Old Smithfield Rd.
Princeton, NC 27569
Frank L. & Faye A. Baumgartner, Trustees
4115 Massey Holt Rd.
Princeton, NC 27569
Jesse E. & Karen A. Hartley
3692 Massey Holt Rd
Princeton, NC 27569
To Grantee:
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
To DWR:
Department of Environmental Quality —NC Division of Water Resources
401 Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617

J. 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.
K. 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.
L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and
other natural characteristics of the Property, and its current use and state of improvement, are
described in the `Insert Project Name' Parcel Development PackageBP( DP) dated
prepared by Grantee 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 repoi4BPDP. It will
be used by the parties to assure that any future changes in the use of the Property will be consistent
with the terms of this Conservation Easement. _However, this fepoAthe BPDP is not intended to
preclude the use of other evidence to establish the present condition of the Property if there is a
controversy over its use.
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 the following hands and seals, all on the day
and year first above written.
GRANTORS:
Barbara A. Willoughby
Frank L. Baumgartner, Trustee
of the Faye A. Baumgartner
Revocable Trust
Faye A. Baumgartner, Trustee
of the Frank L. Baumgartner
Revocable Trust
Karen A. Hartley
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)

Jesse E. Hartley
NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and
State aforesaid, do hereby certify that ,
Grantor, personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
IN WUNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
12016.
Notary Public
My commission expires:
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and
State aforesaid, do hereby certify that
Trustee of the Faye A. Revocable Trust, Grantor, personally appeared before me this day and acknowledged
the execution of the foregoing instrument on behalf of the Trust.
IN WUNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
12016.
9

Notary Public
My commission expires:
NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and
State aforesaid, do hereby certify that
Trustee of the Frank L. Revocable Trust, Grantor, personally appeared before me this day and
acknowledged the execution of the foregoing instrument on behalf of the Trust.
IN WrrNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
12016.
Notary Public
My commission expires:
NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and
State aforesaid, do hereby certify that ,
Grantor, personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
IN WrrNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
12016.
10

Notary Public
My commission expires:
NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and
State aforesaid, do hereby certify that ,
Grantor, personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
IN WrrNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
12016.
Notary Public
My commission expires:
NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for the County and
State aforesaid, do hereby certify that ,
Grantor, personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
IN WrrNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
12016.
11

Notary Public
My commission expires:
IN TESTIMONY WHEREOF, the Grantee has hereunto set the following hand and seal, on the day and year
fust above written.
GRANTEE:
Restoration Systems, LLC
By:
Its:
NORTH CAROLINA
COUNTY OF
I, , a Notary Public of said County and State, certify
that personally came before me this day and acknowledged
that (s)he is of RESTORATION SYSTEMS, LLC, a North Carolina
limited liability company, and that he as being authorized to do so,
executed the foregoing on behalf of Restoration Systems, LLC.
WITNESS my hand and official seal, this day of 12016.
(Notary Seal)
Notary Public
My Commission Expires:
12