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HomeMy WebLinkAbout20180180 Ver 2_Robbins easement deed recorded_20191122Page 1 of 17 11 0003464 FACE G 6' 3 'I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIII II I IIIII IIIII IIIII IIII I III IIII IIII I Doc ID: 012400680017 Type: CRP Recorded: 09/10/2019 at 02:43:13 PM Fee Amt: $118.00 Page 1 of 17 Revenue Tax: $84.00 WAYNE COUNTY, NC JUDY HARRISON REGISTER OF DEEDS BK3464PG63-79 PREPARED BY AND RETURN TO: Robert H. Merritt, Jr. Bailey & Dixon, LLP P.O. Box 1351 Raleigh, NC 27602 f?r" v : f $4. o-V STATE OF NORTH CAROLINA COUNTY OF WAYNE Indexed . f Y lgpsw 3yo"7 rev- wo DEED FOR PERMANENT CONSERVATION EASEMENT THIS DEED FOR PERMANENT CONSERVATION EASEMENT ( this "Conservation Easement"), is made this /0 day of C�1✓�1'� 2019 by and between Timothy J. Robbins and wife, Donna F. Robbins ("Grantor"), whose mailing address is 2386 Stevens Mill Road, Goldsboro, North Carolina 27530 and Unique Places to Save, a North Carolina non-profit corporation ("Grantee"), whose mailing address is P.O. Box 1183, Chapel Hill, North Carolina 27514. 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 Wayne County, North Carolina (PIN No. 2568-56-0252) containing approximately 113.41 acres, the foregoing tract being acquired by the Grantor pursuant to deed recorded at Book 2666, Page 817, Wayne County, Book: 3464 Page: 63 Seq: 1 Page 2 of 17 3464 t4 4 North 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 -for -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 2.955 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, (A Book: 3464 Page: 63 Seq: 2 Page 3 of 17 L.L.C. acting as the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in consultation with the North Carolina Interagency Review1eam (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 Hollowell 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, L.L.C., 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. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the NCDWR and the U.S. Army Corps of Engineers, Wilmington District ("Third -Parties") ("Third Party" to include successor agencies) and may be exercised through the appropriate enforcement agencies of the - United States and the State of North Carolina, and that these rights are in addition to, and do not limit, the rights 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; 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 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: Book: 3464 Page: 63 Seq: 3 This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted, from any development that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the Mitigation Plan. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or C! Book: 3464 Page: 63 Seq:4 Page 5 of 17 1{ 3464 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'l''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, L.L.C. 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. I. 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, L.L.C. is allowed to perform grading, filling, and excavation associated with stream and wetland restoration and enhancement activities as described in the Mitigation Plan and authorized by Department of the Army Nationwide Permit 27. 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 Book: 3464 Page:63 Seq: 5 Page 6 of 17 80d=3 6 4 control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the'd'iversion 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. 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, L.L.C., 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 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, 3 Book: 3464 Page: 63 Seq: 6 Page 7 of 17 r 3 4 6 4 POEM 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 Grantee, its successors and assigns, including Water & Land Solutions, L.L.C. 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 representatives, successors and assigns, the Corps, and NCDWR shall have the right to enter the Property and Conservation Easement Area at all 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, L.L.C., and its authorized representatives, successors and assigns, and 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 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, 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 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 fd Book: 3464 Page: 63 Seq: 7 Page 8 of 17 80K13464 PAGED -TO 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. 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 8 Book: 3464 Page: 63 Seq:8 Page 9 of 17 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 sue., 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: MBI 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 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 G: Book: 3464 Page: 63 Seq: 9 Page 10 of 17 encumbrances for obligations incurred by Grantor, Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. If livestock operations 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, Grantee shall be entitled to the fair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. J. Notification Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses ( or such address as may be hereafter specified by notice pursuant to this, paragraph). 10 Book: 3464 Page:63 Seq: 10 Page 11 of 17 To Grantor: Timothy J. Robbins and wife Donna F. Robbins 2386 Stevens Mill Road Goldsboro, North Carolina 27630 To Grantee: Unique Places to Save Post Office Box 1183 Chapel Hill, North Carolina 27514 info(a)_unigueplacestosave.org To Sponsor: Water & Land Solutions, L.L.C. 7721 Six Forks Road, Suite 130 Raleigh, North Carolina 27615 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 shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement maybe amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in 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 11 Book: 3464 Page: 63 Seq: 11 Page 12 of 17 BOOK-3 4 6 4 TWO 7 4 Conservation Easement. However, this report is not intendedto, 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. STATE OF Al&'A'11 efil-lf"W"f_ COUNTY OF GRANTOR: Y . (SEAL) Timothy J. Robbins B SE/ALY 041AV�l /) onna F. Rob ins O�C72! 14-0411 the undersigned Notary Public of the Countv and State aforesaid, certify that Timothy J. Robbins and wife, Donna F. Robbins, personally appeared before me and that they acknowledged to me that they voluntarily signed the foregoing document for the purposes therein expressed. d WITNESS my hand and official stamp or seal, this the 16 day of �( , 2019. zy 4 m Notary Public A JI3oo C' a Typed or Printed Name Q.._ _ ...tee Y p' 0Ut(�.04�'� M Commission Expires- S - �� Z62,Z 12 Book: 3464 Page:63 Seq: 12 Page 13 of 17 STATE QP /06-1 UQUNTY QP WaO- that _ �' agkngwledged t .: helshe i§ 11 save, a North UarQlina 601 (9 authgrimd W dg §e, e)ceguted QRANTEE: Unique Places to 5m, a North Earc,lina 501 (c,) (3) ngt-f9r-profit Uerperation By; (sEAb) Print Name r -6d ,A Title - . I�� a Notary Public, fgr the county and state aforesaid, gertify c�ec - e V� e pr Qnaily appeared befera me this day and r of Unique Places to wt<for=profit mporatign, and that in such gapac,ity and being We -ping instrument for the purpgses aontalnc,d therein* IN E 1p COUt4s"I" 9947@49 y Public, ied er Printed Name ' - a4 Ugmmiesign Expires; , 13 Book: 3464 Page:63 Seq: 13 Page 14 of 17 ORK 3 4 PA 0 7 0 Exhibit 1 113.41 Acres, Brogderi Township PIN: 2568-56-0252 Wayne County, NC DESCRIPTION: That certain tract of land containing 113.41 acres, more or less, (inclusive of road right of way), situated in Brogden Township, Wayne County, North Carolina, located on SR No. 1008, approximately 7 miles southwest from Goldsboro, North Carolina, and bounded, now or formerly, as follows: North by Neuse River, East by Lavee H. Coone, Ann H. Hunt and Worth Parker; South by SR No. 1008; and West by Home Branch; said tract of land being more particularly described according to a plat prepared by A.E. Little, Registered Surveyor, dated January 7, 1976 as follows: Being Tract "A" as shown on a map entitled "Division of the lands of Gurney J. Hollowell and wife, Renna S. Hollowell, Brogden Township, Wayne County, North Carolina" prepared by A. E. Little, Registered Surveyor, dated January 7, 1976 and recorded in Plat Cabinet A, Slide 72- AB, in the Wayne County Registry, which map is by reference incorporated herein as a part of this description. 00475681 Book: 3464 Page:63 Seq: 14 Page 15 of 17 OR ..3 4 t P ®1 x Exhibit 2 Legal Description Permanent Conservation Easements Hollowell Mitigation Site Wayne County, NC 1. Permanent Conservation Easement (Ref: PIN: 2568-56-0252) CE-9 (ROBBINS) 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 II) for Water & Land Solutions LLC, on the property of John L. Tart II and wife, Larue R. Tart and Timothy J. Robbins ", dated December 31, 2018, and recorded in Plat Book T , Page.2- 2 G 2ff of the Wayne County Registry, and being a portion of a parcel owned by Timothy J. Robbins, (PIN: 2568-56-0252), 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 86°28'37" East 768.29 Feet to the eastern most point on CE-7, in the centerline of Home Branch, the POINT AND PLACE OF BEGINNING. Said point of beginning also located North 47°53'37" East 263.53 feet from an existing rebar, THENCE continuing with the following courses and distances: THENCE North 47953'33" East 45.57 FEET TO A POINT, THENCE North 26°34'48" West 217.74 FEET TO A POINT, THENCE North 20°20'50" East 456.23 FEET TO A POINT, THENCE North 33°44'52" East 381.48 FEET TO A POINT, THENCE North 19'01'40" East 482.46 FEET TO A POINT, THENCE North 09'40'13" East 268.19 FEET TO A POINT, THENCE North 08'15'19" East 242.64 FEET TO A POINT, THENCE South 56°22'22" West 57.82 FEET TO A POINT, THE NORTH EAST CORNER OF CE-7 PHASE I THENCE ALONG THE CE-7 BOUNDARY FOR THE NEXT 78 CALLS South 00°34'47" East 18.91 FEET TO A POINT, THENCE South 11'25'05" West 22.98 FEET TO A POINT, THENCE South 12°13'06" West 36.52 FEET TO A POINT, THENCE South 16°59'20" West 37.99 FEET TO A POINT, THENCE South 09°02'06" East 21.67 FEET TO A POINT, THENCE South 37°03'06" West 25.36 FEET TO A POINT, THENCE South 09°41'49" West 60.23 FEET TO A POINT, THENCE South 06°58'24" East 24.29 FEET TO A POINT, THENCE South 28'15'07" West 17.30 FEET TO A POINT, Book: 3464 Page:63 Seq: 15 Page 16 of 17 1001 4 FAG O TB THENCE South 19°45'56" THENCE South 04°58'50" THENCE South 06°29'35" THENCE South 11'59'22" THENCE South 03°37'56" THENCE South 22°28'03" THENCE South 05°40'43" THENCE South 12626'32" THENCE South 24°44'45" THENCE South 12°55'05" THENCE South 17°09'30" THENCE South 18°55'49" THENCE South 17'11'59" THENCE South 00°19'01" THENCE South 29°38'14" THENCE South 20°08'52" THENCE South 10°23'40" THENCE South 38°56'35" THENCE South 33°52'27" THENCE South 13°46'31" THENCE South 48°32'42" THENCE South 22°24'48" THENCE South 26°24'48" THENCE South 20'1751" THENCE South 46°33'27" THENCE South 25°51'56" THENCE South 07043'54" THENCE South 61°57'56" THENCE South 3192'53" THENCE South 12°52'00" THENCE South 48°22'36" THENCE South 21°16'08" THENCE South 37'25'11" THENCE South 06'29'58" THENCE South 57 0Vl8" THENCE South 25°24'32" THENCE South 47°17'20" THENCE South 12°21'44" THENCE South 29°05'36" THENCE South 11'22'25" THENCE South 36°53'25" THENCE South 26°42'25" THENCE South 3698'38" THENCE South 13°17'09" West 32.90 FEET TO A POINT, East 3081 FEET TO A POINT, West 3 4.3 6 FEET TO A POINT, West 50.11 FEET TO A POINT, West 26.42 FEET TO A POINT, West 17.05 FEET TO A POINT, West 18.32 FEET TO A POINT, West 26.92 FEET TO A POINT, West 50.08 FEET TO A POINT, West 43.97 FEET TO A POINT, West 21.32 FEET TO A POINT, West 27.71 FEET TO A POINT, West 37.27 FEET TO A POINT, East 9.74 FEET TO A POINT, West 36.47 FEET TO A POINT, West 26.08 FEET TO A POINT, West 26.87 FEET TO A POINT, West 23.83 FEET TO A POINT, West 41.38 FEET TO A POINT, West 34.48 FEET TO A POINT, West 11.98 FEET TO A POINT, West 18.12 FEET TO A POINT, West 37.80 FEET TO A POINT, East 12.56 FEET TO A POINT, West 24.63 FEET TO A POINT, West 17.90 FEET TO A POINT, West 19.17 FEET TO A POINT, West 24.83 FEET TO A POINT, West 19.84 FEET TO A POINT, West 22.77 FEET TO A POINT, West 29.68 FEET TO A POINT, West 39.50 FEET TO A POINT, West 48.79 FEET TO A POINT, West 31.62 FEET TO A POINT, West 26.16 FEET TO A POINT, West 32.15 FEET TO A POINT, West 36.08 FEET TO A POINT, West 47.74 FEET TO A POINT, West 26.05 FEET TO A POINT, West 20.38 FEET TO A POINT, West 27.34 FEET TO A POINT, West 19.30 FEET TO A POINT, West 38.80 FEET TO A POINT, West 47.64 FEET TO A POINT, Book:3464 Page:63 Seq: 16 Page 17 of 17 1 9 THENCE South 41°27'40" West 35.32 FEET TO A POINT, THENCE South 48' 18'47" West 29 51-FEET TO A POINT; THENCE South 30°34'51" West 21.89 FEET TO A POINT, THENCE South 08°55'29" West 17.53 FEET TO A POINT, THENCE South 371010" East 14.35 FEET TO A POINT, THENCE South 33°42'33" West 12.91 FEET TO A POINT, THENCE South 61°34'43" West 43.62 FEET TO A POINT, THENCE South 27°05'05" West 7.06 FEET TO A POINT, THENCE South 08'22'18" East 9.49 FEET TO A POINT, THENCE South 38043'16" East 23.32 FEET TO A POINT, THENCE South 26° 16'24" East 18.34 FEET TO A POINT, THENCE South 40004'35" West 19.83 FEET TO A POINT, THENCE South 1496'43" West 22.38 FEET TO A POINT, THENCE South 02°28'33" East 60.38 FEET TO A POINT; THENCE South 34019'17" East 36.21 FEET TO A POINT, THENCE South 26°38'32" East 34.08 FEET TO A POINT, THENCE South 02°17'10" East 12.34 FEET TO A POINT, THENCE South 14°27'06" East 15.54 FEET TO A POINT, THENCE South 39'47'15" East 14.99 FEET TO A POINT, THENCE South 17°43'02" East 11.56 FEET TO A POINT, THENCE South 03023'33" East 24.50 FEET TO A POINT, THENCE South 29016'50" East 25.79 FEET TO A POINT, THENCE South 44054'33" East 32.77 FEET TO A POINT, THENCE South 24'00'15" East 25.33 FEET TO A POINT, THENCE South 64'40'19" East 33.90 FEET TO A POINT, TO THE POINT AND PLACE OF BEGINNING, said permanent conservation easement CE- 9 containing 2.955 acres, more or less. 2. Access to the Permanent Conservation Easement 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. 00475610 Book: 3464 Page:63 Seq: 17