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HomeMy WebLinkAbout20190183 Ver 1_Recorded Easement and Plat_20190702ID#* 20190183 Select Reviewer:* Katie Merritt Initial Review Completed Date 07/02/2019 Mitigation Project Submittal - 7/2/2019 Version* 1 Is this a Prospectus, Technical Proposal or a New Site? * Type of Mitigation Project:* r Stream r Wetlands W Buffer r Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Andrea Eckardt Project Information (- Yes (-- Email Address:* aeckardt@Wldlandseng.com Existing 20190183 Existing (DWR) (nunbersonly ...nodash) Version: (nurrbersonly) ID#:* Project Type: r DMS r Mitigation Bank Project Name: Loflin Dairy Phase II - Randleman Lake County: Randolph Document Information Mitigation Document Type:* Mitigation Conservation Easement File Upload: Loflin Dairy Phase II Recorded Easement and 1.75M6 Plat.pdf Rease upload only one RDF of the complete file that needs to be submitted... Signature Print Name:* Andrea Eckardt Signature:* RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte,. North Carolina 28203 (ZO-enye ,-,.� g IS: 00 BK 2655 PG 1041 (16) This document presented and filed: 06/27/2019 09:17:48 AM SEE INSTRUMENT Fee $30.00 Excise Tax: $315.00 11111111111111111111111111 20080836 Randolph County North Carolina Krista M. Lowe, Register of Deeds SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of S wne, , 2019 by and between Clifford W. Loflin Jr., ("Grantor") and Wildlands Holdings V, LLC (."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 Randolph County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property") and being a portion of the properties conveyed to the grantor by deed as recorded in Deed Book 001877 at Page 01922 of the Randolph County Registry, North Carolina (PIN 7746-04-8096), and in Deed Book 00134 at Page 00008 of the Randolph County Register, North Carolina (PIN 7746-05-0589); 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 such restoration, mitigation and a five year monitoring period, Grantee will transfer ownership of the conservation easement to a nonprofit corporation or trust whose purpose is the conservation of the property and which is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.§ 121-35; 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: unnamed tributaries and open field ditches to Randleman Lake. The purpose of this Conservation Easement is to maintain riparian resources and other natural values of approximately 12.00 acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the 1 "Conservation Easement Area"), and prevent the use or development of the Conservation Easement for any purpose or in any manner that would conflict with the maintenance in its natural condition. WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings V, LLC Randleman Lake Umbrella Mitigation Banking Instrument (DWR #2019-0183). The Conservation Easement Area will be restored to a natural vegetated condition as provided in and specified in the Loflin Dairy Phase II Mitigation Bank Parcel Development Package ("BPDP") approved by the Division of Water Resources (DWR#2019-0183). The Loflin Dairy Phase II Mitigation Bank is intended to be used to compensate for unavoidable buffer impacts authorized by permits issued by the North Carolina Division of Water Resources (NCDWR) and to provide mitigation for nutrient offsets due to development (both existing and proposed) within restricted areas of the Randleman Lake Watershed. Grantor and Grantee agree that third party rights of enforcement shall be held by the NCDWR and that these rights are in addition to, and do not limit the rights of the parties to the Mitigation Banking Instrument. 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 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 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 2 the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited in the Conservation Easement Area. 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 on the Conservation Easement Area. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the .Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, 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. 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 Conservation 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 access for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as described in the BPDP. 3 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 RESEVERED 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, successors and assigns, and the Bank Sponsor, the right to construct a nutrient offset and riparian buffer mitigation bank within the Conservation Easement Area, in accordance with the Loflin Dairy Phase II Bank Parcel Development Package approved in accordance with the Randleman Lake Umbrella Mitigation Banking Instrument. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting said property 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 shall also have the right to enter and go upon the Property and the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Conservation Easement, Grantee is 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, 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, 4 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. 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 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 Conservation Easement Area 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 to the Grantee of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this 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 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. 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 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 Conservation Easement Area 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 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. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this 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. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Conservation Easement Area 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 Conservation Easement Area (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): 2 To Grantor: Mr. Clifford W. Loflin Jr. 2410 Loflin Dairy Road Sophia, NC 27350 To Grantee: Wildlands Holdings V, LLC 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 Fax — 704-332-3306 Attn: Shawn Wilkerson To NCDWR: NCDENR — Division of Water Resources 401 & Buffer Permitting Unit Attn: Nutrient Offset Banking Coordinator 1650 Mail Service Center Raleigh, NC 27699-1650 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 upon approval by the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in 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 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 Bank Parcel Development Package, dated March 2019, prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of the Bank Parcel Development Package. 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 easements perpetually unto Grantee for the aforesaid purposes. 7 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: By: Po h (SEAL) Clifford VI. Loflin Jr. elf g Date: _ I G - � U l / NORTH CAROLINA COUNTY OF a ` ��"'► G� NoP b 'c in and for the Count and State aforesaid do ��» Y , hereby certify that Clifford W. Loflin Jr., '�ra4tor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNNFSS WHEREOF, I have hereunto set my hand and Notary Seal this the day of .i uhG .2019. ,``, 11{111111111"', O` 4 N RSC � .• .1 GOM ••� '9 �i MAR °'cn= •> CH . D 20 3 O 24 v; O '•2�'F co N�:•• J.• P U8 111111110 v �1 Notary Public My commission expires: 2 /3 1 �'4 IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. GRANTEE: Wildlands Holdings V, LLC By: ' �"'�-- (SEAL) ShaVn Wilkerson, President, Wildlands Engineering, Inc. (Managing Member of Wildlands Holdings V, LLC). Date: 00/1 e `� a 0/ NORTH CAROLINA COUNTY OF �cc k�e.�s✓r+N I, lei Ober f w. LS L/cl q a Notary Public in and for the County and State aforesaid, do hereby certify that Shawn Wi kerson, stating that he is President of Wildlands Engineering, Inc. which is the Managing Member of Wildlands Holdings V, LLC; Grantee, 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 �`/ day of n e. 2019. ROBERT W. BUGG . NOTARY PUBLIC Mecklenburg County North Carolina Notary P My commission expires: E V -,?3 -,2) EXHIBIT A ,t'='». Win Dairy MRiption Site - Phase II l , " W I L DLA N D S 0 300 600 1,200 Feet Cape Fear River Basin (3030003) \ EN0 NEERING t 1 1 1 I 1 1 1 I Randolph County, NC Date: 8/30/2018 THIS MAP MAY NOT BEACERTIFIEDSURVEYAND HAS NOT KEN REVIEWED BYALOCAL GOVERNMENTAGENCYFOR ,OMPUANCE: WITH ANY APPLICABLE LAND DEVELOPMENT RIGULATIONS AND HAS NOT BEEN REVIEWED FOR nMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. lul EXHIBIT B Description for Conservation Easement for Wildlands Engineering, Inc, Loflin Dairy Buffer Mitigation Site — Ph. II, on the property of Clifford W. Loflin, Jr. (see Deed Book 1877, Pg. 1922 and Deed Book 1134, Pg. 6) located in New Market Township, Randolph County, North Carolina. (All references tc the Randolph County Register of Deeds Office.) PIN: 7746-04-0896 (REID: 85491) CE Area "A-1" Beginning at an existing rebar with aluminum cap, said monument labeled as CE corner #8 on the Loflin Dairy Buffer Mitigation Site Conservation Easement (CE) map (see Plat Book 132, Pg. 27-28) located on the property of Clifford W. Loflin, Jr. (now or formerly, see Deed Book 1877, Pg. 1922), New Market Township, Randolph County, NC; thence, from the point of Beginning, with a new line, N 04'03'45" E a distance of 366.29' to a rebar with plastic cap set on the common line of Clifford W. Loflin, Jr. and Harris Lee Brown (now or formerly, see Deed Book 1406, Pg. 843); thence, with the common line, N 52`28'14" E a distance of 140.86' to an existing iron pipe; thence N 00025'21" E a distance of 254.61' to a rebar with plastic cap set on the line; thence, leaving said common line, with a new line, N 86'50'36" E a distance of 99.57' to a rebar with plastic cap set; thence N 48028'32" E a distance of 203.06' to a rebar with plastic cap set; thence N 55'36'56" E a distance of 165.55' to a rebar with plastic cap set; thence S 14'26'13" E a distance of 178.18' to a rebar with plastic cap set; thence S 16031'48" W a distance of 75.55' to a rebar with plastic cap set; thence S 55'54'05" W a distance of 151.24' to a rebar with plastic cap set; thence S 57009'47" W a distance of 145.16' to a rebar with plastic cap set; thence S 32024'30" W a distance of 151.47' to an existing rebar with aluminum cap, said rebar being CE corner #14 of the Loflin Dairy Buffer Mitigation Site CE (Ph. 1); thence, with the existing CE line, N 7511'05" W a distance of 75.36' to an existing rebar with aluminum cap; thence S 52028'14" W a distance of 62.11' to an existing rebar with aluminum cap; thence S 10'34'03" W a distance of 163.73' to an existing rebar withaluminum cap; thence S 06003'38" W a distance of 180.97' to an existing rebar with aluminum cap; thence S 34024'16" W.a distance of 23.26' to an existing rebar with aluminum cap; thence S 57'11'22" W a distance of 44.93' to the point of Beginning; containing 3.05 acres, more or less, and shown as CE Area "A-1" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, titled "Conservation Easement Plat for Wildlands Engineering, Inc., Loflin Dairy Buffer Mitigation Site — Ph. II" dated May 27, 2019 and recorded in Plat Book Page` „ of the Randolph County Register of Deeds. Y CE Area "A-2" Beginning at a rebar with plastic cap set on the northern line of Clifford W. Loflin, Jr. (now or formerly, see Deed Book 1877, Pg. 1922), also being the southern line of Clifford W. Loflin, Jr. and wife, Patricia C. Loflin (now or formerly, see Deed Book 1134, Pg. .6) in New Market Township, Randolph County, NC, said rebar being S 89'34'26" E a distance of 1,099.25' from an existing stone, said stone being the common corner of the Loflin properties and on the western line of Harris Lee Brown, LLC (now or formerly, see Deed Book 1974, Pg. 1715), said rebar also being S 06`32'09" W a distance of 83.31' from an existing concrete monument on the right-of-way of Interstate 74; thence, from the point of Beginning, leaving said common line, with a new line, S 36'59'52" W a distance of 215.09' to a rebar with plastic cap set; thence S 43'08'08" W a distance of 425.63' to a rebar with plastic cap set; thence S 56036'23" W a distance of 210.79' to a rebar with plastic cap set; thence N 17°2727" W a distance of 157.07' to a rebar with plastic cap set; thence N 03'25'37" W a distance of 76.20' to a rebar with plastic cap set; thence N 47'04'31" E a distance of 549.64' to a rebar with plastic cap set on the Loflin line; thence, with said common line, S 89'34'26" E a distance of 245.65' to the point of Beginning; containing 3.52 acres, more or less, and shown as CE Area "A-2" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, titled "Conservation Easement Plat for Wildlands Engineering, Inc., Loflin Dairy Buffer Mitigation Site — Ph. II" dated May 27, 2019 and recorded in Plat Book /BOO , Page 910' ff? of the Randolph County Register of Deeds. CE Area "C-1" Beginning at an existing rebar with aluminum cap on the right-of-way of Interstate 74, said monument labeled as CE corner #37 on the Loflin Dairy Buffer Mitigation Site Conservation Easement (CE) map (see Plat Book 132, Pg. 27-28) located on the property of Clifford W. Loflin, Jr. (now or formerly, see Deed Book 1877, Pg. 1922), New Market Township, Randolph County, NC; thence, from the point of Beginning, leaving said right-of-way, with the existing CE line, thence S 04'00'07" E a distance of 113.29' to an existing rebar with aluminum cap; thence S 02'26'31" W a distance of 495.53' to an existing rebar with aluminum cap; thence, with a new line, S 85'36'29" W a distance of 45.86' to a rebar with plastic cap set; thence N 01`54'53" E a distance of 220.12' to a rebar with plastic cap set; thence N 02'10'32" E a distance of 145.38' to a rebar with plastic cap set; thence N 00'33'15" E a distance of 178.46' to a rebar with plastic cap set; thence N 02'2327" E a distance of 104.52' to a rebar with plastic cap set; thence S 47`34'28" E a distance of 54.16' to the point of Beginning; containing 0.69 acres, more or less, and shown as CE Area "C-1" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, titled "Conservation Easement Plat for Wildlands 12 Engineering, Inc., Loflin Dairy Buffer Mitigation Site — Ph. II" dated May 27, 2019 and recorded in Plat Book 100 , Page !F'74 -9e of the Randolph County Register of Deeds. CE Area "C-2" Beginning at an existing rebar with aluminum cap on the right-of-way of Interstate 74, said monument labeled as CE corner #38 on the Loflin Dairy Buffer Mitigation Site Conservation Easement (CE) map (see Plat Book 132, Pg. 27-28) located on the property of Clifford W. Loflin, Jr. (now or formerly, see Deed Book 1877, Pg. 1922), New Market Township, Randolph County, NC; thence, from the point of Beginning, with said right-of-way, S 47034'28" E a distance of 115.07' to a rebar with plastic cap set; thence, with a new line, S 67`19'48" W a distance of 37.65' to a rebar with plastic cap set; thence S 03026'40" W a distance of 190.06' to a rebar with plastic cap set; thence S 02'01'07" W a distance of 198.00' to a rebar with plastic cap set; thence S 72032'56" W a distance of 51.37' to an existing rebar with aluminum cap, said rebar being a CE corner of the Loflin Buffer Mitigation Site CE (Ph. 1); thence, with the existing CE line, N 02045'13" E a distance of 438.30' to an existing reba with aluminum cap; thence N 03'51'07" W a distance of 57.47'to the point of Beginning, containing 0.52 acres, more or less, and shown as CE Area "C-2" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, titled "Conservation Easement Plat for Wildlands Engineering, Inc., Loflin Dairy Buffer Mitigation Site — Ph. 11" dated May 27, 2019 and recorded in Plat Book Page ?'74'-19 of the Randolph County Register of Deeds. CE Area "D-1" Beginning at an existing rebar with aluminum cap, said monument labeled as CE corner #34 on the Loflin Dairy Buffer Mitigation Site Conservation Easement (CE) map (see Plat Book 132, Pg. 27-28) located on the property of Clifford W. Loflin, Jr. (now or formerly, see Deed Book 1877, Pg. 1922), New Market Township, Randolph County, NC; thence, from the point of Beginning, with the existing CE line, S 32'47'39" W a distance of 192.15' to an existing rebar with aluminum cap; thence S 24'21'31" W a distance of 410.71' to an existing rebar with aluminum cap; thence S 35'22'25" W a distance of 310.94' to an existing rebar with aluminum cap; thence, with a new line, N 8922'58" W a distance of 52.12' to a rebar with plastic cap set; thence N 35'05'47" E a distance of 289.87' to a rebar with plastic cap set; thence N 43'43'09" E a distance of 50.17' to a rebar with plastic cap set; thence N 22'09'16" E a distance of 181.58' to a rebar with plastic cap set; thence N 27'39'38" E a distance of 211.04' to a rebar with plastic cap set; thence N 28'06'47" E a distance of 131.19' to a rebar with plastic cap set; thence N 59'41'22" E a distance of 88.03' to the point of Beginning; 13 containing 0.81 acres, more or less, and shown as CE Area "D-1" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, titled "Conservation Easement Plat for Wildlands Engineering, Inc., Loflin Dairy Buffer Mitigation Site — Ph. II" dated May 27, 2019 and recorded in Plat Book /60 Page tI q- 98 of the Randolph County Register of Deeds. CE Area "D-2" Beginning at an existing rebar with aluminum cap, said monument labeled as CE corner #57 on the Loflin Dairy Buffer Mitigation Site Conservation Easement (CE) map (see Plat Book 132, Pg. 27-28) located on the property of Clifford W. Loflin, Jr. (now or formerly, see Deed Book 1877, Pg. 1922), New Market Township, Randolph County, NC; thence, from the point of Beginning, with the existing CE line, N 40'54'19" W a distance of 555.20' to an existing rebar with aluminum cap; thence N 2356'32" E a distance of 204.09' to an existing rebar with aluminum cap; thence N 34'32'07" E a distance of 99.26' to an existing rebar with aluminum cap; thence S 57016'26" E a distance of 310.03' to an existing rebar with aluminum cap; thence S 63'16'42" E a distance of 172.36' to an existing rebar with aluminum cap; thence N 77051'39 E a distance of 100.96' to an existing rebar with aluminum cap; thence S 88'49'57" E a distance of 80.85' to an existing rebar with aluminum cap; thence S 75'57'47" E a distance of 165.67' to an existing rebar with aluminum cap; thence N 58006'47" E a distance of 73.77' to an existing rebar with aluminum cap; thence N 29027'09" W a distance of 73.77' to an existing rebar with aluminum cap; thence N 75'03'01" W a distance of 164.15' to an existing rebar with aluminum cap; thence N 88'09'00" W a distance of 128.22' to an existing rebar with aluminum cap; thence S 74046'00" W a distance of 64.38' to an existing rebar with aluminum cap; thence N 63014'09" W a distance of 153.97' to an existing rebar with aluminum cap; thence N 56018'55" W a distance of 289.55' to an existing rebar with aluminum cap; thence N 14029'12" W a distance of 30.28' to an existing rebar with aluminum cap; thence, with a new line, S 8936'24" E a distance of 49.87' to a rebar with plastic cap set; thence S 5628'50" E a distance of 199.80' to a rebar with plastic cap set; thence S 60°54'44" E a distance of 198.76' to a rebar with plastic cap set; thence N 87046'41" E a distance of 172.77' to a rebar with plastic cap set; thence S 76`42'25" E a distance of 182.80' to a rebar with plastic cap set; thence S 4610'08" E a distance of 77.21' to a rebar with plastic cap set; thence S 21'00'49" W a distance of 129.92' to a rebar with plastic cap set; thence S 69000'27" W a distance of 64.80' to a rebar with plastic cap set; thence N 76'51'57" W a distance of 170.67' to a rebar with plastic cap set; thence S 8409'50" W a distance of 168.51' to a rebar with plastic cap set; thence N 61041'52" W a distance of 204.47' to a rebar with plastic cap set; thence N 57'26'25" W a distance of 209.12' to a rebar with plastic cap set; thence S 81`02'10" W a distance of 45.44' to a rebar with plastic cap set; thence S 26007'19" W a distance of 194.73' to a rebar with plastic cap set; 14 thence S 41*08'36" E a distance of 548.00' to a rebar with plastic cap set; thence S 14'56'10" W a distance of 12.64' to a rebar with plastic cap set; thence N 87032'41" W a distance of 48.00'to the point of Beginning; containing 2.77 acres, more or less, and shown as CE Area "D-2" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, titled "Conservation Easement Plat for Wildlands Engineering, Inc., Loflin Dairy Buffer Mitigation Site — Ph. II" dated May 27, 2019 and recorded in Plat Book /&0 , Page b7 Y e of the Randolph County Register of Deeds. CE Area "D-3" Beginning at an existing rebar with aluminum cap, said monument labeled as CE corner #59 on the Loflin Dairy Buffer Mitigation Site Conservation Easement (CE) map (see Plat Book 132, Pg. 27-28) located on the property of Clifford W. Loflin, Jr. (now or formerly, see Deed Book 1877, Pg. 1922), New Market Township, Randolph County, NC; thence, from the point of Beginning, with the existing CE line, S 41051'42" E a distance of 110.52' to a rebar with plastic cap set; thence, with a new line, S 85'06'37" W a distance of 124.00'to an existing rebar with aluminum cap, said rebar being a CE corner of the Loflin Riparian Buffer Mitigation Site CE (Phase 1); thence, with the existing CE line, N 28'11'58" E a distance of 105.39' to the point of Beginning; containing 0.13 acres, more or less, and shown as CE Area "D-3" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, titled "Conservation Easement Plat for Wildlands Engineering, Inc., Loflin Dairy Buffer Mitigation Site — Ph. II" dated May 27, 2019 and recorded in Plat Book Page _ 87 4- 89 of the Randolph County Register of Deeds. PIN: 7746-05-0589 (REID: 85489) CE Area "A-3" Beginning at a rebar with plastic cap set on the southern line of Clifford W. Loflin, Jr. and wife, Patricia C. Loflin (now or formerly, see Deed Book 1134, Pg. 6), also being the northern line of Clifford W. Loflin, Jr. (now or formerly, see Deed Book 1877, Pg. 1922) in New Market Township, Randolph County, NC, said rebar being S 89°34'26" E a distance of 1,099.25' from an existing stone, said stone being the common corner of the Loflin properties and on the western line of Harris Lee Brown, LLC (now or formerly, see Deed Book 1974, Pg. 1715), said rebar also being S 06032'09" W a distance of 83.31' from an existing concrete monument on the right-of-way of Interstate 74; thence, from the point of Beginning, with the common line, N 89`34'26" W a distance of 245.65' to a rebar with plastic cap set; thence, with a new line, N 47°04'31" E a distance of 213.42' to a rebar with plastic cap set; thence S 48'29'09" E a distance of 160.44' to a rebar with plastic cap set; thence S 36°59'52" W a distance of 51.13' to the point of Beginning; 15 containing 0.51 acres, more or less, and shown as CE Area "A-3" on a plat, prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, titled "Conservation Easement Plat for Wildlands Engineering, Inc., Loflin Dairy Buffer Mitigation Site — Ph. II" dated May 27, 2019 and recorded in Plat Book ZCO'O J Page 91 * Fe of the Randolph County Register of Deeds. 16 Map Map