Loading...
HomeMy WebLinkAbout20180180 Ver 2_Feige Recorded Easement_20191122Page 1 of,19 GGGK 3 14 3 4 PAGE 3! 9 Doc ID:.012340750019 Type: CRP Recorded: 04/25/2019 at 01:05:27 PM Fee Amt: $942.00 Page i of.19 Revenue Tax: $900.00 WAYNE COUNTY, NC JUDY HARRISON REGISTER OF DEEDS BK3434 PG819-837 PREPARED BY AND RETURN TO: Robert H. Merritt, Jr. Bailey & Dixon, LLP P.O. Box 1351 Raleigh, NC 27602 STATE OF NORTH CAROLINA COUNTY OF WAYNE . pry.. �, ado. ea DEED FOR PERMANENT CONSERVATION EASEMENT THIS ID FOR CONSERVATION EASEMENT (this "Conservation Easement"), is made this Ifday of , 2019 by and between Connie H. Feige and husband, Paul A. Feige, whose mailing address is 16110 Turnbury Oak Dr., Odessa, FL, 33556, Erika Ann Beasley Allen and husband, Thomas Edward Allen, whose address is 7049 Pitcairn Drive, Fayetteville, NO 28306, and Bryan King, as Guardian Ad Litem for the unborn issue of Connie H. Feige, whose address is 231 East Walnut Street, Goldsboro, NC 27530 (collectively "Grantor") and WLS Neuse 01 Holdings, LLC ("Grantee"), a North Carolina limited liability company located at 7721 Six Forks Road, Suite 130, Raleigh, North Carolina, 27615. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Wayne County, North Carolina (PIN No. 2568-05-7761) containing approximately 265.1 acres, the foregoing tract being acquired by the Grantor pursuant to deed recorded at Book 3133, Page 486, Wayne County, North 1 Book: 3434 Page: 819 Seq: 1 Page 2 of•19 i:E11�, 3 3 4 3 4 F A 5 E 8 2 4 Carolina, Registry and being more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Grantee is a charitable, not -far -profit or educational corporation, or trust qualified under § 501 (c) (3) and § 170 (h) of the Internal Revenue Code, the purposes or powers of which include one or more of the purposes (a) through (d) listed below; and (a) retaining or protecting natural, scenic, or open -space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open - space use; (c) protecting natural resources; (d) maintaining or enhancing air or water quality. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the Property in its natural state, which includes the following natural communities: wetlands, streams and riparian buffers. The purpose of this Conservation Easement is to acquire, restore, enhance, create, maintain and preserve streams, wetlands and riparian resources and other natural values of approximately 39.003 acres, more or less, on the Property, which Conservation Easement is more particularly described in Exhibit B attached hereto and incorporated herein by reference (the "Conservation Easement Area"), and to 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; and WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is a condition of the approval of the Umbrella Mitigation Banking Instrument (UMBI) and Mitigation Plan for the WLS Neuse 01 Umbrella Mitigation Bank, Hollowell Site, Department of the Army (DA) Action ID Number SAW- 2017-00159, entitled "Agreement to Establish the Hollowell Mitigation Bank in the Neuse River Basin within the state of North Carolina", and entered into by and between Water & Land Solutions, 2 Book: 3434 Page: 819 Seq:2 Page 3 of'19 L,LI'U�-434 FA15E32I LLC acting as the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in consultation with the North Carolina Interagency Review Team (IRT). The Hollowell Mitigation Site has been approved by the Corps for use as a mitigation bank to compensate for unavoidable stream and wetland impacts authorized by DA permits; and WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is also a condition of the approval of the Hollowell Riparian Buffer and Nutrient Offset Mitigation Banking Instrument (MBI) and Bank Parcel Development Package (BPDP) for the Hallowed Riparian Buffer and Nutrient Offset Mitigation Bank, North Carolina Division of Water Resources (NCDWR) Project ID# 2018- 0180 v2, which was approved by the NCDWR, and will be made and entered into by and between Water & Land Solutions, LLC, acting as the Bank Sponsor, and the NCDWR. The Hollowell Riparian Buffer and Nutrient Offset Site is intended to be used to compensate for riparian buffer and nutrient impacts to surface waters; and WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the NCDWR and U.S. Army Corps of Engineers, Wilmington District ("Third -Party" to include any successor agencies), and may be exercised through the appropriate enforcement agencies of the United States, and that these rights are in addition to, and do not limit, the sights of enforcement under the NCDWR Project ID# 2018-0180 v2 and the Department of the Army instrument number SAW-2017-00159 ("Mitigation Banking instrument") or any permit or certification issued by the Third Parties; and WHEREAS, in order to provide for the full and complete conveyance of the conservation easement herein, an Order was entered by the Clerk of the Wayne County Superior Court, Case No, 18 SP 146, providing for execution of the conservation easement deed by the owners of all fee simple, life estate and remainder interests pertaining to the Property, including but not limited to the interests owned by the unborn children of Connie H. Feige, now represented by Bryan King, as Guardian Ad Litem; and 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 Book: 3434 Page: 819 Seq:3 Page 4 of 19 HMO 34 f i i� V 2 C heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereafter set forth, over the Conservation Easement Area, described on Exhibit B together with easements for ingress, egress and regress as described in Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Area. Without 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 natura[ 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, fine, 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. El Book: 3434 Page: 819 Seq:4 Page 5 of'19 -BOOK 3 4 3 4 PAGE 8 2 3 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 . Mitigation Plan. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once a year for no more than five (5) consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed and/or approved by Water & Land Solutions, LLC and shall not violate any part of Item L of this Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. 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. Excavating, 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 within the Conservation Easement Area, except to restore natural topography or drainage patterns. For purposes of restoring and enhancing streams and wetlands within the Conservation Easement Area, Water & Land Solutions, LLC is allowed to perform grading, filling, and excavation associated with stream and wetland restoration and Book: 3434 Page: 819 Seq:5 Page 6 of't 9 enhancement activities as described in the Mitigation Plan and authorized by Department of the Army Nationwide Permit 27. 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 Water & Land Solutions. LLC, the Grantee, its employees and agents, successors, assigns, NCWDR, and the Corps 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 or in the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Book: 3434 Page: 819 Seq:6 Page 7 of 19 4 3� 1A}}L 8 2 5 Conservation Easement Area, the rights of ingress, egress, and regress over the Conservation Easement Area the right to hunt, fish, and hike within the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the fee simple title underlying the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and specifically references this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, including Water & Land Solutions, LLC acting as the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of streams, wetlands and riparian areas within the Conservation Easement Area in accordance with the approved Hollowell Mitigation Plan, the Hollowell Bank Parcel Development Package, and the two Mitigation Banking Instruments described in the Recitals of this Conservation Easement. ARTICLE IV GRANTEE'S RIGHTS The Grantee or.its authorized representative, successors and assigns, and the Corps and NCDWR, shall have the right to enter the Property and Conservation Easement Area at a[] reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or Grantor's personal representatives, heirs, successors, or assigns, ,is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee, Water & Land Solutions, LLC, and its authorized representatives, successors and assigns, the Corps and NCDWR shall also have the right to enter and go upon the Property and the Conservation Easement Area for purposes of making scientific or education@[ 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, the Corps and NCDWR 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 Book: 3434 Page: 819 Seq:7 Page 8 of'19 LOOK 3 4 3 4 Will 8 2 6 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 thirty (30) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after thirty (30) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps and the NCDWR 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 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 Agreement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes. 8 Book: 3434 Page: 819 Seq: 8 Page 9 of 19 ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder pursuant to 33 CFR 332.7 (a) (1), N.C. Gen. Stat. § 121-34, et. sec., and/or §501 (c) (3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue, in perpetuity, the Conservation Easement Area for the conservation purposes described in this document. D. Entire Agreement and Severability. The combined Mitigation Banking Instruments: UMBI with corresponding Mitigation Plan, and MBI with corresponding BPDP, and this Conservation Easement set forth the entire agreement of the parties with respect to the Conservation Easement and supersedes 0 Book: 3434 Page: 819 Seq:9 Page 10 of 19 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, except those incurred after the date hereof, which are expressly subiect to and/or subordinate to the Conservation Easement. 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. Long -Term Management. If livestock operations are maintained 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. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join 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. 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, 10 Book: 3434 Page: 819 Seq: 10 Page 11 of 19 BOOK 314 3 4 PAGE 8 2 9 Grantee shall be entitled to the fair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. 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: Connie H. Feige 16110 Turnbury Oak Drive Odessa, Florida 33556 To Grantee: WLS Neuse 01 Holdings, LLC 7721 Six Forks Road, Suite 130 Raleigh, North Carolina 27615 Phone: (919) 614-5111 To Sponsor: Water and Land Solutions, LLC 7721 Six Forks Road, Suite 130 Raleigh, North Carolina 27615 Phone: (919) 614-5111 To the Corps: US Army Corps of Engineers Wilmington District Regulatory Division 69 Darlington Avenue Wilmington, NC 28403 To NCDEQ-DWR NCDEQ — Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1601 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest small become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. 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. 11 Book: 3434 Page: 819 Seq: 11 Page 12 of 19 HIM' 3 h 0 4 PAGE 8 3 0 M. Present Condition of the Conservation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Section 4 of the Mitigation Plan 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 this report. It will be used by the parties to assure that any future changes in the use of the Conservation Easement Area will be consistent 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. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: -- . / j , By: j f -rVX4X./T•, (SEAL) C�1nie H. Feige By: Paul A. Feige By: Erika Ann Beasley Allen STATE OF AL... •QC.% (SEAL) COUNTY OF H. /Is 6oro" h i, a Notary Public of the County and State aforesaid, certify that 3 usband, Paul A. Feige personally appeare before me this day and acknowledged that they voluntarily executed the foregoing instrument. �i�w� �. FC%ye This the /9' day of Ap,�: it , 2019. Heisorr Ferreira Notary Public Official Signature of Notary State of Florida My Commission Expires: 9I/ 92. My Commission Expires 02/01/2022 [AFFIX NCOONWOAA MI-] Nelson Ferreira Notary Public 12 State of Florida My Commission Expires ON112022 Commission No. GG 181913 Book: 3434 Page: 819 Seq: 12 Page 13 of 19 334F831' STATE OF Fa w. COUNTY OF '/3 a. 1, a Notary Public of the County and State aforesaid, certify tha husband, Thomas Edward Allen personally appeared before me this day'and acknowledged ath t they voluntarily executed the foregoing instrument. Thoa.•.j Eja.,..edt JVIeA M4� This the lk day of Aaefl 2019. [AFFIX NOTARIAL STAMP -SEAL] STATE OF N6rkk Cr-011r)a COUNTY OF fficial Signature of Notary My Commission Expires: A Aq A Wson Ferreira Notary Public State of Florida My Commission Expires 02101/2022 Commission No, GO 181913 I, a Notary Public of the County and State aforesaid, certify that Bryan King, as Guardian Ad Litem for the unborn issue of Connie H. Feige, personally appeared. before me this day and acknowledged that he voluntarily executed the foregoing instrument. This the ?* day of tR , 2019. [AFFIX NOTARIAL STAMP -SEAL] 00460075/1 O icial Signiture of Notary My Commission Expires: A�Notary Publicly Wayne county My C4r7 Exp. Z Oi-2i-2022 rrrrra�lits►u 13 Book: 3434 Page: 819 Seq: 13 Page 14 of 19 STATE OF NORTH CAROLINA COUNTY OF WAKE I, a Notary Public of the County and State aforesaid, certify that Connie H. Feige personally appeared before me this day and acknowledged that she voluntarily executed the foregoing istrument. This the I� dayof �X L 2019. V Me C- [I ,IX IORARIAW)FAMP-SEAL] STATE OF NORTH CAROLINA COUNTY OF WAKE Official Signature f Notary My Commission Expires S-/' Z-QL L I, a Notary Public of the County and State aforesaid, certify that Erika Ann. Beasley Allen personally appeared before me this day and acknowledged that she voluntarily executed the foregoing instrument. This the �� day of 2019. CO 0(AR) 40 OuBocp IAFFIX N0Tf4&.gq , P-SEAL] Official Signature of Notary My Commission Expires !T' Z��L Book: 3434 Page: 819 Seq: 14 Page 15 of 19 3 L,, 3 14,!r 8 3 3 Exhibit A (Feige) PINT: 2568-05-7761 Being 265.71 acres on the north side of Stevens Mill Road shown as Tract B on a plat recorded in Plat Cabinet 0, Slide 18-G, 18-H, 18L, 18J, and Plat Cabinet 0, Slide 19-A of the Wayne County Registry, including a 50 foot access easement across Tract A; as shmNm on the plat. The above described property was conveyed to Connie H. Feige by deeds recorded in Book 3133, Page 486 and Book 3133, Page 504, Wayne County Registry. 00159948 1 1 Book: 3434 Page: 819 Seq: 15 Page 16 of 19 8061� 3 14'3[4, FA61834 Exhibit B Legal Description Permanent Conservation Easements Hollowell Mitigation Site Phase I Wayne County, NC 1. Permanent Conservation Easement (Ref: PIN: 2568-05-7761) CE- 1 (Feige) A permanent conservation casement over a portion of land in Goldsboro Township, Wayne County, North Carolina, as shown on map entitled "Conservation Easement Map I1611owell Mitigation Site (Phase I), for Water & Land ,Solulions LLC, on the property (?f Connie II. Feige and Debra H. Grantham" dated December 31, 2018, and recorded in Plat Book ,Page 9�_ f� of the Wayne County Registry, and being a portion of a parcel owned by Connie H. Feige, (PIN: 2568-05-7761), more particularly described as follows: Commencing at a rebar control point #5 set by WithersRavenel with N.C. Grid (NAD83(2011)) localized coordinates N= 585,158.57 an E--- 2,260, .772.01. said point being North 55°33'55" West 1,125.40 feet (ground) from rebar control point #3 with N.C. Grid (NAD83(2011)) grid coordinates N= 584,522.09 an E= 2,261;700.16 and. combined scale factor of 0.99987383. THENCE from said control point #5 South 81°47'19" West 481.45 Feet to the'North Easterly most point of CE- 1 on the property line with Debra H. Grantharn the POINT AND PLACE OF BEGINNING. THENCE continuing with the following courses and distances: South 27°59'22" East 83.97 feet to a point along the property line, said point being North 27°59'22" West 311.81 feet from a found rebar THENCE leaving the property line with Grantham South 49° 12'23" West 367.49 feet to a point, THENCE South 73°40'58" West 247.66 feet to a point, THENCE South 68°40'28" West 330.28 feet to a point, THENCE NCE South 78°03'45" East 218.47 feet to a point, THENCE South 77°12'02" East 313.58 feet to a point, `f'II1,NCls South 56°25'20" West 364.66 feet to a point, THENCE North 81°03'55" West 161.76 feet to a point, THENCE South 66°17'23" West 160.69 feet to a point, THENCE North 71 ° 12'35" West 264.34 feet to a point, THENCE North 20°37'54" West 257.58 feet to a point, THENCE North 06°40'53" West 282.49 feet to a point, THENCE North 56°50'25" Last 596.23 feet to a point on the property line with Debra 11. Grantham (D.B 3133 PG. 477), THENCE following the property line South 02'18'00" West 254.34 feet to a found rebar, THFNCE South 31 °06'45" East 271.89 feet to a found rebar, THENCE North 64°51'47" East 217.17 feet to a point, THENCE North 18°53'38" East 60.18 feet to a point, Book: 3434 Page: 819 Seq: 16 Page 17 of 19 90K, 3 4 FARE 8 3,51 THENCE North 55°15'00" East 88.42 feet to a point, THENCE North 52°47'25" East 95.46 feet to a point, THENCE North 41 ° 19' 19" East 69.04 feet to a point, THENCE North 63057'44" East 139.00 feet to a point, THENCE North 62°44'53" East 95.14 feet to a'point, TO THE POINT AND PLACE OF BEGINNING, said permanent conservation easement CE-1 (Feige) containing 11.813 acres, more or less. 2. Permanent Conservation Easement (Ref: PIN: 2568-05-7761) CE-4 (Feige) A permanent conservation easement over a portion of land in Goldsboro Township, Wayne County, North Carolina, as shown on map entitled "Conservation Easement Map Hollowell Mitigation Site (Phase 1) for Water and Land Solutions LLQ on the property of Connie H. Feige and Debra H. Grantham ", dated December 31, 2018, and recorded in Plat Book Q ,Page 9 a fGC G of the Wayne County Registry, and being a portion of the parcel owned by Connie H. Feige, (PIN: 2568-05-7761) , more particularly described as follows: Commencing at a rebar control point #5 set by WithersRavenel with N.C. Grid (NAD83(2011)) localized coordinates N= 585,158.57 an E= 2,260;772.01. said point being North 55°33'55" West 1,125.40 feet (ground) from rebar control point 43 with N.C. Grid (NAD83(2011)) grid coordinates N= 584,522.09 an E= 2,261 700.16 and combined scale factor of 0.99987383. THENCE from said control point #5 North 8500F35" West 477.33 Feet to found rebar. THENCE along the property line with Grantham, North 26°53'42" Vilest 241.85 Feet to a found rebar, THENCE North 42°59'38" East 9.53 to a point on CE-3 and CE-4 on the property line with Debra H. Grantham, the POINT AND PLACE OF BEGINNING. THENCE continuing with the following courses and distances: following the property line with Grantham, North 42°59'38" East 271.39 feet to a found rebar, THENCE North 24°00'39" East 78.61 feet to a found rebar, THENCE North 16°57'28" East 168.72 feet to a point, THENCE North 12°06'06" West 68.87 feet to a point, THENCE North 46°38'02" West 67.67 feet to a point, THENCE along the property line with Grantham South 67°42' 19" West 169.18 feet to a point, THENCE leaving the property line with Grantham North 10'42'48" East 92.16 feet to a point, THENCE, South 79' 17'12" East 141.87 feet to a point on the property line with Grantham, THENCE, South 79° 1 T12" East 143.94 feet to a point, THENCE South 06° 15' 15" West 182.06 feet to a point, THENCE South 21 °03'51 " West 241.16 feet to a point, Book: 3434 Page: 819 Seq: 17 Page 18 of 19 JONK 3434 PAGE 836 THENCE South 49°22'21" West 253.78 feet to a point, THENCE North 40°33'00" West 69.13 feet to a point, TO THE POINT AND PLACE OF BEGINNING, said permanent conservation easement CE-4 (Feige) containing 1.375 acres, more or less. 3. Permanent Conservation Easement (Ref: PIN: 2568-05-7761) CE-5 (Feige) A permanent conservation easement over a portion of land in Goldsboro Township, Wayne County, North Carolina, as shown on map entitled "Conservation Easement Map Hollowell Mitigation Site (Phase I) for Water & Land Solutions LLC, on the property of Connie H. Feige and Debra H. Grantham ", dated December 31, 2018, and recorded in Plat Book O ,Page fG , Q`c of the Wayne County Registry, and being a portion of a parcel owned Connie C nnie H. Feige, (PIN: 2568-05-7761), more particularly described as follows: Commencing at a rebar control point #5 set by WithersRavenel with N.C. Grid (NAD83(2011)) localized coordinates. N= 585,158.57 an E= 2,260;772.01. said point being North 55°33'55" West 1,125.40 feet (ground) from rebar control point #3 with N.C. Grid (NAD83(2011)) grid coordinates N= 584,522.09 an E= 2,261,700.16 and combined scale factor of 0.99987383. THENCE from said control point #5 South 32°22'43" West 522.19 Feet to a point on the Eastern line of a 50 foot Duke Energy transmission line easement (D.B. 406, PG. 215) the POINT AND PLACE OF BEGINNING, said point being South 26°06'53" East 25.34 feet from a found rebar property corner. THENCE continuing with the following courses and distances: South 26°29'59" East 342.87 feet to a point, THENCE South 34°43'27" West 133.35 feet to a point, THENCE South 69'15'06" East 138.22 feet to a point, THENCE South 35'14'36" West 161.35 feet to a point, THENCE South 81 °42'50" East 36.72 feet to a point on the property line of John and Larie Tart (D.B. 3363, PG. 205), THENCE along the Tart Property line South 469 8'04" West 133.90 feet to a point, THENCE leaving the Tart property line North 72° 19'24" West 81.96 feet to a point, THENCE North 61 ° 18'48" West 291.82 feet to a point, THENCE North 79°46'54" West 413.18 feet to a point on the Eastern line of a 50 foot Duke Energy transmission line easement (D.B. 406, PG. 215), THENCE North 56°25'20" East 352.71 feet to a point, THENCE North 56°25'20" East 473.10 feet to a point, TO THE POINT AND PLACE OF BEGINNING, said permanent conservation easement CE-5 (Feige) containing 6.609 acres, more or less. 4. Permanent Conservation Easement (Ref: PIN: 2568-05-7761) CE-6 (Feige) A permanent conservation easement over a portion of land in Goldsboro Township, Wayne County, North Carolina, as shown on map entitled "Conservation Easement Map Hollowell Mitigation Site (Phase I) for Water & Land Solutions LLC, on the property of Book: 3434 Page: 819 Seq: 18 Page 1.9 -of 19 HOOK 3 4 3 4 PAGE 8 31 Connie H. Feige and Debra H. Grantham,', dated December 31, 2018, and recorded in Plat Book , Page of the Wayne County Registry, and being a portion of a parcel owned 6y CohnieH. Feige, (PIN: 2568-05-7761), more particularly described as follows: Commencing at a rebar control point #2 set by WithersRavenel with N.C. Grid (NAD83(2011)) localized coordinates N= 585,828.38 an E= 2,263,686.16. said point being North 56°39'54" East 2,377.10 feet (ground) from rebar control point #3 with N.C. Grid (NAD83(2011)) grid coordinates N= 584,522.09 an E= 2,261,700.16 and combined scale factor of 0.99987383. THENCE from said control point #2 South 27'53'13" East 123.04 Feet to the Northern most point on CE-6, the POINT AND PLACE OF BEGINNING. THENCE continuing with the following courses and distances: South 34°22'59" East 231.26 feet to a point THENCE. South 28'04'18" East 91.19 feet to a point, THENCE South 25°28'58" East 156.28 feet to a point, THENCE. South 17°53'42" East 238.00 feet to a point, THENCE South 16°3T39" West 624.47 feet to a point THENCE South 19°50'06" West 383.60 feet to a point, THENCE South 88°13'07" West 122.42 feet to a point THENCE North 33°12'32" West 261.40 feet to a point, THENCE North 49°08'30" West 236.01 feet to a point on the property line of John and Larie Tart (D.B. 3363, PG. 205), THENCE along the property line with Tart, North 09°21'57" West 415.50 feet to an existing iron pipe found, THENCE leaving the property line with Tart, North 11'00'04" West 470.61 feet to a point, THENCE North 669 5'47" East 253.78 feet to a point, THENCE North 31 °06'02" East 118.82 feet to a point, THENCE North 63°09'03" East 338.94 feet to a point, TO THE POINT AND PLACE OF BEGINNING Said permanent conservation easement CE- 6 (Feige) containing 21.258 acres, more or less. 5. Access to the Permanent Conservation Easements Also conveyed herein is the right of ingress, egress and regress to the permanent Conservation Easement(s) described above, by way of and over the Property as provided in this Conservation Easement Deed and as may be provided on the Plat referenced above. 00466754 Book: 3434 Page: 819 Seq: 19