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NORTH CAROLINA 4l"y6hr SWi.-, fiC 7'7#03
DAVIDSON COUNTY
CONSERVATION EASEMENT
and
EASEMENT OF INGRESS AND EGRESS
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THIS CONSERVATION'200EASEMENT aanew V ALEASELEYFI O DS FARM, Inc. hereAND inafter calletihe
SS, made this
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"Grantor(s)", and the North Carolina Departmtnt of Transportation, hereinafter called the "Grantee ,
provides the following:
WITTiES,, SIXTH_
WHEREAS, the Grantor owns in fee simple approximately 350 acre(s) of land situated in Abbons
Creek Tovmship of DAVIDSON County as more particularly described in Deed Book A page Deed
Book 692, page 498, Deed Book 794, page 318, Deed Sook 83$, page 1145 of the ty-, ONN County
Registry, North Carolina hereinafter this land and Easement is referred to as the "Property'
WHEREAS, the Grantee is an agency of the State of North Carolina whose purpose includes the
to acquire
construction of transportation projects for public use and has the authoritylandlaws
impacts
of the to of
mitigating environmental impacts of these transportation projects; is authorised to acct t and
North Carolina to accept, hold and administer conservation easements possesses tt he authority P
is willing to accept this Conservation Easement from the Grantor under the terms and conditions hereinafter
described;
WHEREAS, the Grantor is willing to grant a perpetual Conservation Easement over approximately
91.00 acres of the property, thereby restricting and limiting the use of land within the Conservation
Easement area to the terms and conditions and for the purpoas ses hereinafter set forth, and to further grant more
right of ingress and egress to the Conservation Easement alta over, upon and along the Property
particularly set forth hereinafter;
Access is provided by means of a local traffic road(s) designated as SR 1741, High Point -Walburg
Road, and 5R 1739, Shadow Valley Road.
to another state agency whose purpose is consistent with this
WHEREAS, the Grantor co tuents to the Grantee assigning this Conservstion Easement over e
designated portion of the Property les are consistent with this Conservation
Conservation Easement ar to a non-profit corporation whose purpo
Easement.Corpsof Engineers
WHEREAS, theGrantee, under Section 404 permits granted by the U.S. Army
certain off-site wetland rnitigation for impacts to wetlands resulting from the
on
(USACE), must c projects; '
construction of transportation

NOW THEREFORE, in consideration of the sura of S 1,300,000.00 dollars and other valuable
considerations to The Tile Company of North Carolina, Qualified Intermediary for Grantor in hand paid, the
receipt of which is hereby acknowledged, and in further consideration of the mutual covenants, terms,
conditions, and restrictions hereinafter set forth, the Grantor hereby grants and conveys unto the Grantee and
its successors or assigns forever and in perpetuity a Conservation Easement, pursuant to the USACE Section
404 permit requirements, of the nature and character and to the extent hereinafter set forth, in respect to the
land of the grantor situated in DAVIDSON County, North Carolina, as described in Exhibit A (map) and
Exhibit B (metes and bounds description). Together with a perpetual right of ingress and egress over and
upon the Grantors roads and paths, or other access ways acceptable to the Grantors, on the Property having
been described above in the DAVIDSON County Registry as an Easement of Ingress and Egress to and from
the Conservation Easement hereinabove described.
The purposes of this Conservation Easement are to provide environmental protection for surface
waters, to provide restoration and enhancement of wetland, stream, and riparian habitat for the benefit of fish
and wildlife, to protect the conservation values of the easement area designated on the Property and to
maintain permanently the dominant woodland, scenic and natural character of the easement area. To achieve
these purposes, the parties hereto agree to the conditions and restrictions set forth herein and it shall be so
held, maintained, and used therefore.
ARTICLE I. DURATION OF EASEMENT
This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land and is
enforceable by the Grantee or its successors and/or assigns against Grantor(s), Grantor's personal
representatives, heirs, devisees, successors and assigns, lessees, agents and licensees.
ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the designated easement area inconsistent with the purposes of this Conservation
Easement is prohibited. The Easement Area shall be maintained in its natural, scenic and open condition and
restricted from any development that would significantly impair or interfere with the conservation values of
this 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,
scenic and aesthetic features of the easement area or any introduction of non-native plants and/or animal
species is prohibited unless the Grantee shall give its prior written consent or unless otherwise expressly
permitted herein.
B. Agricultural Grazing and Horticultural Use. Agricultural, grazing and horticultural use (landscaping) of
the easement area is prohibited.
C. Silvicultural Use and Land Clearin . There may be no destruction or cutting of trees or plants on the
Easement Area, except upon approval of the Grantee. The gathering of firewood in the Easement Area
shall be limited to dead trees, such that the gathering is consistent with purposes of this Conservation
Easement.
D. Hunting and Fishin . Grantor expressly reserves the right to hunt and fish on the Easement Area and to
control access of all persons for the purpose of hunting and fishing; provided that these activities do not
impact the protection and conservation of any animal/trout habitat or other conservation values of the
Easement Area.
E. 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 Easement Area is prohibited.

Mineral Use, Excavation, Dredging_ There shall be no 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 Easement Area nor shall there be any activities conducted
on the Easement Area or on adjacent property if owned by the Grantor and his successors which would
cause erosion or siltation on the Easement Area.
G. Water uali and Drainage Pattern. There shail be no activities conducted in the Easement Area that
would be detrimental to water purity or to any of the plants or habitats within the Easement Area. There
shall be no activities that would alter natural water levels, drainage, sedimentation and+or flow in or over
the Easement Area, or cause soil degradation or erosion. Diking, dredging, alteration, draining, filling or
removal of wetland or stream is prohibited. The Grantee maintains the right to install, operate and
maintain structures for the purpose of reestablishing, protecting, and enhancing wetland and stream
functional values for the Easement Area.
H. Qgig Enjoyment. The Grantor, for himself, his successors, assigns, invitees and licensees, hereby
reseres the right to quiet enjoyment of the Easement Area, the right to ingress and egress to the
Easement Area and all adjacent property of the Grantor, the right to continue such uses as exist as of the
date of this grant not inconsistent with this Conservation Easement and the right to sell, transfer, gift or
otherwise convey the Easement Area, in whole or in part, provided such sale, transfer or gift conveyance
is subject to the terms of this Conservation Easement and written notice is provided to the Grantee in
accordance with the provisions herein below.
I. Utilities. The installation of utility systems, including, without limitation, water, sewer, power, fuel, and
communication lines and related facilities is prohibited except and limited to the existing utility
easements as shown on the plat entitled "Valley Fields Farms Conservation Easement' recorded in Plat
Book 41 Page(s) 1, 2, 3 and 4 of the Davidson County Registry. The Grantor reserves the right to petition
the NCDOT and or its assigns for future sewer connections within the conservation easement area, not to
exceed 3 (three) connections, the criteria of which will include no impact to any and all stream channels,
no crossing of stream bed channels, and strict enforcement of all sediment and erosion control measures
must be adhered to. Upon completion of any connection the area(s) disturbed must be restored to their
original condition. Grantor also reserves the right to petition the NCDOT and or its assigns for 1 (one)
stream crossing for street purposes, which must be bridges, the design of which must be approved prior
to construction by the NCDOT and or its assigns. If there are existing utility easements (rights of way)
located in the Conservation Easement Area or affecting the Conservation Easement, Grantor shall
endeavor to notify the NCDOT if right of way clearing or other work in the Conservation Easement Area
is scheduled by the utility. Any such installation or clearing should be in keeping with the intent of the
Conservation Easement
ARTICLE III. ENFORCEMENT &
A. The Grantee has the right to prevent any action or use of the Easement Area that is inconsistent with the
purpose of this Conservation Easement. Upon any breach of the terms of this Conservation Easement by
Grantor or by a third parry, which comes to the attention of the Grantee, the Grantee shall notify the
Grantor in writing of such breach. The Grantor shall have thirty (30) days after receipt of such notice to
begin undertaking actions that are reasonably calculated to correct promptly the conditions constituting
such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this
Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief
including the right to require that the land be restored promptly to the condition required by this
Conservation Easement. The Grantee shall have the power and authority, consistent with its statutory
authority, to institute and maintain any suits and proceedings as the Grantee may deem advisable in its
judgement; (a) to prevent any impairment of the Property by any acts which may be unlawful or in
violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property;
or (c) to seek damages from any appropriate person or entity. If the Grantee, in its sole discretion,
determines that circumstances require immediate action to prevent or mitigate significant damage to the
conservation values of the Property, the Grantee may pursue its remedies without prior notice to Grantor,
but shall call the Grantor to leave a voice message and shall exercise within two business days an effort
to notify the Grantor and explain the action undertaken.
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t

B. The Grantor reserves the right to take action against the Grantee for use of the Easement Area in a way
that is inconsistent with the purpose of this Conservation Easement.
C. Nothing contained herein shall be construed to entitle the Grantor to bring any action against Grantee for
any injury or change in the Property resulting from causes beyond the Grantee's control, including fire,
flood, storm, war, acts of God or third parties, or from any prudent action taken in good faith by Grantee
under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or
harm to the Property resulting from such causes, in accordance hereunder.
D. The Grantee may enter the Grantor's adjoining property only for the purposes set forth in this agreement
and only in accordance with the Easement for Ingress and Egress described hereinabove. The Grantee
will attempt to notify the Grantor before entering the Property.
E. No failure on the part of the Grantee to enforce any covenant or provision hereof shall be a waiver to
discharge or invalidate such covenant or any other covenant, condition, provision hereof or affmt the
right of Grantee to enforce in the same in the event of a subsequent breach or default.
ARTICLE IV. PUBLIC ACCESS
The granting of this Conservation Easement does not convey to the public the right to enter the
Property for any purpose whatsoever. However, the public has the right to view the Property from adjacent
publicly accessible areas.
ARTICLE V. EXHIBIT, DOCUMENTATION AND TITLE
A. Legal DescriMion and Exhibits. The attached Exhibit A (map) and Exhibit B (metes and bounds
description) are incorporated in and made a part of this instrument by reference.
B. Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the
Property in fee simple and has good right to grant and convey the aforesaid Conservation Easement; that
the Property is free and clear of any and all encumbrances, except easements of record and Grantor
covenants that the Grantee shall have the use of and enjoy all of the benefits derived from and arising out
of the aforesaid Conservation Easement.
ARTICLE VI. MISCELLANEOUS
A. Subseygent Transfers. Grantor agrees for himself, his heirs, successors and assigns, to notify the Grantee
in writing of the names and addresses of any party to whom the Property, or any part thereof, is to be
transferred at or prior to the time said transfer is consummated. Grantor, for himself, his heirs,
successors and assigns, further agrees to make specific reference to this Conservation Easement in a
separate paragraph of any subsequent lease, deed or other legal instrument by which any interest in the
Property is conveyed.

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B. Conservation Purpose.
(1) The Grantee, fcr themselves, and their successors and assigns agree that this Conservation Easement
shall be held exclusively for conservation purposes. l
(2) The parties hereto recognize and agree that the benefits of this Conservation Easement are in gross
and assignable, provided, however that the Grantee hereby covenant and agree, that in the event they
transfer or assign this Conservation Easement they hold under the organization receiving the interest will
be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of
1986 (or any successor section) and the regulations promulgated thereunder, which is organized or
operated primarily for one of the conservation purposes specified in Section 170 (h)(4)(A) and Section
2031 of the Internal Revenue Code, and the Trust and the State 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 to carry out in perpetuity the conservation purposes that the contribution was originally
intended to advance, set forth in the Recitals herein.
(3) The Grantor agrees to pay any real estate taxes or other assessments levied on the Property.
C. Construction of Terms. This Conservation Easement shall be construed to promote the purposes of the
North Carolina enabling statute set forth in N.C.G.S. 121-34, which authorizes the creation of
Conservation Easements for purposes including those set forth in the recitals herein, and the conservation
purposes of this Conservation Easement, including such purposes as are defined in Section 170(h)(4XA)
of the Internal Revenue Code.
D. Entire Agreement. This instrument 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 invalid, the remainder of the
provisions of this Conservation Easement, and the application of such provision to persons or
circumstances other than those as to which it is found to be invalid, shall not be affected thereby.
E. Notices. Any notices shall be sent by registered or certified mail, return receipt requested, addressed to
the parties as set forth above, or to such other addresses such party may establish in writing to the other.
In any case where the terms of this Conservation Easement require the consent of any party, such consent
shall be requested by written notice. Such consent shall be deemed to have been denied unless, within
ninety (90) days after recei, t of notice, a written notice of approval has been mailed to the party
requesting consent.
F. Amendments. Grantor and Grantee are free to jointly amend this Conservation Easement to meet
changing conditions, provided that no amendment will be allowed that is inconsistent with the purposes
of this Conservation Easement or affects the perpetual duration of this Conservation Easement. Such
amendments) shall be effective upon recording in the public records of DAVIDSON County North
Carolina.
G. Recording. The Grantee shall record this instrument and any amendment hereto in timely fashion in the
official records of DAVIDSON County, North Carolina, and may re-record it at any time as may be
required to preserve the rights under this Conservation Easement.
TO HAVE AND TO HOLD the aforesaid easements unto the NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION, its successors and assigns, forever. The covenants agreed to and the terms,
conditions, restrictions and purposes imposed as aforesaid shall be binding upon Grantor, Grantor's personal
representatives, heirs, successor and assigns, and shall continue as a servitude running in perpetuity with the
Property.

IN WITNESS WHEREOF, Grantor hereto has set Grantor's hand and seal and the Grantee by
authority duly given, has hereunto caused these presents to be executed by its representatives and their seals
affixed, affixed, as of the dates sho%i-n below, to be effective upon the date of recordation in the public
records of DAVIDSON County, North Carolina.
GRANTEE:
NORTH CAROLINA DFAARTAIENT OF TRANSPORTATION
1���\�, (Seal)
BY: S
, (c;orporate I
(President)
FOR
Inc.
OF TRANSPORTATION
"Sta-te—,certify
1.9o1.C�►o(.'.�+ COUNTY OF farm
otrt N , Qo a� a Notary Public for said County
that S , ticwil CNi�„pl before me this day an acknov-uI. ed th he/she is
of �iE LiTNC(Stamp/Seal) a corporaton,and that he/she, as rip Q
_
being authorized to do so, executed the foregoing on behalf of the
oat��-
corporation.
Witness my hand and official stamp or seal, this the �Y' " day of
20 0 3
My commission expires 4 t,�n.t t� i�0 Z a -a-1
T Nn}ary Piihlin
The foregoing Certificate(s) of ` 1 tic� N ';L41
Is/ are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the
Book and Page shown on the first page hereof.
REGISTER OF DEEDS FO��--COUNTY
y 1 t3alwty/Assistant-Register of Deeds

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Exhibit "A"
All those certain 4 tract(s) of Conservation Easement(s) containing approximately 97.00
acre(s), more or iess, shown on Plat entitled "Valley Fields Farms, Inc. Conservation
Easements" on a map prepared by Michael L. Motsinger, PLS, dated December 4th 2003, and
recorded in the Davidson County Registry in Plat Book 41, Pages 1, 2, 3 and 4.
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Exhibit "B"
STATE PROJECT : 34468.4.2
FA # : STP -109(12)
I. D. # : R-2568 WM
COUNTY : DAVIDSON
CONSERVATION EASEMENT TRACT I
COMMENCING at a point lying on a southwestern property boundary of the Grantor(s) said point of
commencement lying south 440 14'27' west 572.03 feet and south 490 43' 18' west 439.80 feet from the
westemmost property corner of the Grantor(s); thence north 79' 55' 58' east 647.87 feet; thence northl1
007' 20' west 708.29 feet; thence north 450 0' 32' west 343.41 feet; thence north 450 35'43" west 169.47
feet; thence north 470 51' 2' east 66.38 feet; thence south 490 46'42' east 187.19 feet; thence south 44'
34' 54' east 362.66 feet; thence south 100 44' 35' east 740.13 feet; thence south 430 21' 39' east 446.05
feet; thence south 211 59' 3' east 120.76 feet; thence south 610 16'31" east 132 feet; thence north 52 ° 50
'21 * east 376.03 feet; thence north 220 45' 12' east 239.56 feet; thence north 260 59' 10' east 314.58 feet;
thence north 430 26' 6" west 276.63 feet; thence north 190 51' 28' west 231.9 feet; thence north 71 ° V 23"
east 88.3 feet; thence south 220 10' 36' east 185.11 feet; thence south 38' 52' 31' east 294.17 feet; thence
north 791 37'22' east 282.93 feet; thence south 30° 19'47' east 364.37 feet; thence south 530 19' 11" west
230.57 feet; thence south 290 30' 14' east 553.50 feet; thence south 850 36' 33' east 336.07 feet; thence
south 691 49' 14' east 201.14 feet; thence south 100 10' 55' west 79.49 feet; thence north 630 39' 26' west
193.96 feet; thence south 84' 31' 10' west 273.77 feet; thence south 310 6'3* east 246.98 feet; thence
north 860 53' 12' west 129.71 feet; thence north 230 49' 26' west 262.13 feet; thence north 470 12' 27' west
533.45 feet; thence south 460 11' 12' west 481.85 feet; thence south 69° 42' 25' west 139.29 feet; thence
south 321 4' 10' west 123.7 feet; thence north 890 37' S' west 293.24 feet; thence north 130 8'49' west
355.68 feet; thence south 600 30' 10' west 339.35 feet; thence north 590 27'34" west 104.29 feet; thence
north 590 46' 8" east 407.64 feet; thence north 460 46' 53' west 423.9 feet; thence south 740 26' 8' west
442.43 feet; thence north 850 25' 29' west 126.31 feet; thence north 490 49' west 124.79 feet to the point of
COMMENCEMENT.
CONSERVATION EASEMENT TRACT 11
COMMENCING at the northernmost property corner of the Grantor(s) same being described in the
aforementioned deeds; thence south 880 0' 50' east 166.39 feet; thence south 670 13' 22' east 884.89 feet;
thence north 26° 41' 38' west 358.77 feet; thence south 88' 14'45' east 662.84 feet; thence south 60 58'
28" east 534.97 feet; thence north 660 14' 28" east 847.72 feet; thence south 20 33' 46' west 48.09 feet;
thence north 89' 46' 34' east 65.96 feet; thence south 30 15'531 west 139.99 feet; thence south 660 51'44' r -
west 859.95 feet; thence south 510 42' 36" west 95.69 feet; thence south 880 15'48' east 842.16 feet;
thence south 3' 15' 53" west 50.03 feet; thence south 30 15'44' west 61.49 feet; thence north 870 4' 36"
west 905.63 feet; thence south 270 45'27' west 378.18 feet; thence south 50 41' 16" west 783.07 feet;
thence south 10 12' 22' west 166.03 feet; thence south 20 9'8' west 305.38 feet; thence south 820 55' 32' ;
east 745.24 feet; thence south 39' 57' 4' east 214.48 feet; thence south 83' 20' 42' east 402.03 feet;
thence north 510 24' 47' east 172.08 feet; thence south 60 59' 8' west 12213 feet; thence north 78° 57'42'

thence south 3' 15' 53' west 50.03 feet; thence south 3' 15'44' west 61.49 feet; thence north 87' 4' 36'
west 905.63 feet, thence south 27° 45'27' west 378.18 feet, thence south 5' 41' 16' west 783.07 feet,
thence south 10 12' 22' west 166.03 feet; thence south 2' 9'8' west 305.38 feet; thence south 62' 55' 32'
east 745 24 feet; thence south 39' 57'4' east 214.48 feet; thence south 830 20'42' east 402.03 feet;
thence north 510 24'47' east 172.08 feet; thence south 6' 59' 8' west 122.13 feet; thence north 78' 57'42'
east 498.52 feet; thence south 170 8' 44' east 263.31 feet; thence south 140 23' 29' east 107.47 feet,
thence south 79' 47' 47' west 164.87 feet; thence north 460 41' 13' west 230.78 feet; thence south 72' 6'
30' west 285.31 feet; thence south 880 5' 47' west 403.35 feet; thence north 570 42' 35' west 499.22 feat; !i
thence south 75° 5' 55' west 311.96 feet; thence north 760 52 35" west 245.28 feet; thence south 420 6' 26'
west 218.7 feet; thence north 760 23' 11' west 160.50 feet; thence south 700 35'26' west 410.91 feet;
thence north 300 19'47' west 431.76 feet; thence north 160 44' 27' east 843.15 feet; thence north 530 50'
53' west 137.04 feet; thence north 320 19' 3' east 134.03 feet; thence south 55° 14'43" east 258.73 feet;
thence north 250 24'44* east 637.35 feet; thence north 70 8'41 0 east 435.57 feet; thence north 10 46'28'
west 206.17 feet; thence north 651 54'48' west 1,141.28 feet; thence north 4° 42'40 east 159.80 feet the
point of COMMENCEMENT.
CONSERVATION EASEMENT TRACT Ili
COMMENCING at a point lying south 850 22' 37' east 462 feet from the northwestemmost property comer of
the Grantor(s); thence south 860 25' 32' east 493.09 feet; thence south 700 10' 22' east 920.17 feet; thence
north 820 56 30' east 175.23 feet; thence north 18° 45' 16' west 243.45 feet; thence south 86' 25' 33' east
52.12 feet; thence south 240 20' 37' east 280.10 feet; thence south 600 19' 52' east 416.34 feet; thence
south 640 55' 52' east 199.72 feet; thence south 550 14'420 east 70.06 feet; thence south 320 19'3' west
132.56 feet; thence north 530 50'53' west 113.08 feet; thence south 530 39' 52' west 70.75 feet; thence
north 730 38' 26' west 196.76 feet; thence north 00 33' 36' east 88.91 feet; thence north 660 7' 22" west
206.63 feet; thence south 860 45'8' west 151.22 feet; thence north 590 48' 11' west 213.06 feet; thence
north 780 23' 27' west 1,321.07 feet; thence north 10 21' 23' east 174.75 feet to the point of
COMMENCEMENT.
CONSERVATION EASEMENT TRACT IV
COMMENCING at a point lying on a southern property boundary of the Grantor(s), same lying north 83' 33'
22' west 387.02 feet, north 80° 3' 20' west 139 feet, south 6° 7' 14' west 310 feet and north 890 8' 34' west
665.53 feet from the easternmost property comer of the Grantor(s) as described in the aforereferenced
deeds, same property comer lying at or near the southwestern right of way boundary of SR 1739, Shadow
Valley Road; thence north 890 8'344 west 63.43 feet; thence south 890 30'46' west 70.39 feet; thence north
15' 54' 17' west 125.97 feet; thence north 790 29' 33' east 105.63 feet; thence south 240 36' 34' east
154.82 feet to the point of COMMENCEMENT.