20180180 Ver 2_Tart easement deed recorded_20191122

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Doc ID: 012400690017 Type: CRP
Recorded: 09/10/2019 at 02:46:19 PM
Fee Amt: $64.00 Page i of 17
Revenue Tax: $30.00
WAYNE COUNTY, NC
JUDY HARRISON REGISTER OF DEEDS
BK3464 PG80-96
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
t
Indexed
DEED FOR PERMANENT
CONSERVATION EASEMENT
THIS DEED FOR PERMANENT CONSERVATION EASEMENT (this "Conservation Easement"),
f ('
is made this �r� h day of C: E i& , 2019 by and between John L. Tart, II and wife,
Larue R. Tart ("Grantor"), whose mailing address is 585 King Road, Goldsboro, North Carolina 27530 and
Unique Places to Save, a North Carolina non-profit corporation ("Grantee"), whose mailing address is
Post Office 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. 2568-22-3903) containing approximately 111.62 acres, the foregoing
tract being acquired by the Grantor pursuant to deed recorded at Book 3363, Page 205, Wayne County,
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3464 WO[
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 1.348 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,
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3 6 4
L.L.C. acting as the Bank Sponsor and the Wilmington; District Corps of Engineers (Corps), in consultation
with the North Carolina InteragencyReview 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 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 Panties) (to include any
"Third Party" 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:
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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, Grazinq 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
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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, L.L.C. and shall not violate any part of Item L of this Article
Il.
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, Dredqing 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.
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
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4 PARS
control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage
patterns. In addition, diverting or causing or perms t ng tha divefsion 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. 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,
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BOOK 3 4
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
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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
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6903464 FAE 8
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,jand 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
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encumbrances for obligations incurred by
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 offence 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).
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3 4 6 4 PU[0940
To Grantor: John L. Tart, II
Larue R. Tart rf
585 King Road
Goldsboro, North Carolina 27530
To Grantee: Unique Places to Save
Post Office Box 1183
Chapel Hill, North Carolina 27514
info(rDunigueplacestosave.org
To Sponsor: Water & Land Solutions, L.L.C.
7721 Six Forks Road, Suite 130
Raleigh, North Carolina 27616
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 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.
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
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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:
By: \l&y-;z.. (SEAL)
hn L. Tart, II
By' G=/ (SEAL)
are R% rt
STATE OF Tkr// 6A61.X#_
COUNTY OF
I, /1/ ;X the undersigned Notary Public for the County and State
aforesaid, certify that Johd L. Tart, II, and wife, Larue R. Tart personally appeared before me and that
they acknowledged to me that they voluntarily signed the foregoing document for the purposes therein
expressed. 74
WITNESS my hand and official stamp or seal, this the �a day of� , 2019. "'
Notary Public
otARy
_ N. etc--A,�rr ,tea
G U � 4 = Typed or Printed Name
�'OUa%\ 2
� S' • zcz�
'aF,COVN�'��� My Commission Expires:
12
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GRANTEE;
Uniqu@ Plagee t9 ,5ave, a North
Uarelina 501(o) (3) ngt=fortprofit
Uerpgratign
STATE OF
GOUNTY OF
MAL)
1, (. r Cole the underaisned Notary Publig for the Ugunty and -9tate
afereeaid, certify that e ^ _, personally appeared bgfgre me thla day
and 'eoknowledged this helahe ie a '� 4f Unique Plaoea tg
have, a North Uarglina 001(a) ()net=fgr-proflt Ferporatien, and that in auoh capacity and being
authgrized tg dg ao, exeguted the fgre0gln0 document for the purpo@ee therein expreeaed.
WITNIM615 my band and gffialai stamp gr seal, thin the �� day of ac�Us4- , 2010:
99479@99
, Q-t) a -I
e� p
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09#K3 4 6 4 PA O 3
Exhibit 1
111.62 Acres, Brogden Township
Wayne County, NC
PIN: 2568-22-3903
Book 3363, Page 205, Wayne Co. Registry
DESCRIPTION
(TAX PIN # 2568223903 & 2568224711) Beginning at a stake at
the Stevens Mill -Asylum Highway, H.W. Stevens and C.C. Ricks
corner, and runs their line N. 23 W. 1,690 feet to an iron stake in a
poplar stump; thence N. 35 W. 313-1/2 feet to a white oak; thence
N. 51 W. 165 feet to a gum; thence N. 23 W. 510 feet to an iron
pipe; thence N. 80 W. 925 feet to a stake by a holly G.J.
Hollowell's corner; thence his line N. 50-1/2 E. 1,137 feet to a
stake L.W. Stevens corner; thence his line S. 18 E. 340 feet to a
stake; thence S. 87 E. 1,650 feet to a stake, corner of a Ten -acre
tract; thence N. 3-1/2 W. 748 feet to a stake; thence S. 87 E. 611
feet to a stake in G.J. Hollowell's line; thence his line S. 3-1/2 W.
748 feet to a stake; thence N. 87 W..611 feet to a stake; thence S.
3-1/2 E. 920 feet to a stake; thence S. 31 E. 1,657 feet to a stake at
the said Highway; thence with said Highway S. 70 W. 582 feet to a
stake Effie S. Jones corner; thence her line N. 23 W. 450 feet to a
stake; thence S. 70 W. 420 feet to a stake, George and Leola
Price's corner; thence their line S. 23 E. 450 feet to a stake the
center of said Highway; thence with the Highway S. 70 W. 520
feet to the beginning, containing 117 acres, more or less. Being a
one-half undivided interest in the property conveyed to Henry
Walter Stevens from Lois W. Stevens, widow, by deed dated July
24, 1991 and recorded in Book 1299 at Page 675 of the Wayne
County Registry. Also being the remainder interest in the property
devised to Henry Walter Stevens by the Will of Lois S. Craig,
Estate File 01-E-100, Wayne County Clerk of Court.
THERE IS EXCEPTED from this tract the following:
EXCEPTION A: All of tracts 1, 2 and 3 as shown on a plat
entitled "Final Map Division of Heirs of Marcus L. Jones & wife,
Effie S. Jones, Brogden Township, Wayne County, N.C." as
shown on a map prepared by Bobby Rex Kornegay, Registered
Surveyor, recorded in Plat Cabinet J, Slide 335, Wayne County
Registry.
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EXCEPTION B: Beginning at, the southwestern corner of the Effie
S. Jones lot, and running thence with the western line of said lot N
23 W. 175 feet to a stake; thence S. 70 W. 95 feet to a stake;
thence S. 23 E. 175 feet to a line at Stevens Mill Asylum Highway;
thence N. 70 E. 95 feet to the point of beginning. And being the
same property conveyed to H. Foster Stevens (now deceased) and
Marceline S. Tucker, by Walter Stevens, Jr., and wife, Lois
Stevens, by deed dated January 31, 1962, recorded in Book 564, at
Page 477, Wayne County Registry.
EXCEPTION C: Beginning at a stake in the centerline of
N.C.S.R. No. 1008 (Stevens Mill Road), said stake being the
Southwestern corner of the first tract conveyed to Effie S. Jones by
H.W. Stevens by deed dated February 4, 1949, and recorded in the
Wayne County Registry in Book 337, at Page 90, and runs thence
with the Western line of said tract N. 23' W. 335.00 feet to a point;
thence Eastwardly and parallel with the centerline of N.C.S.R. No.
1008 130 feet to a point; thence parallel with the first line S. 23' E.
335 feet to a point in the centerline of N.C.S.R. No. 1008; thence
with the centerline of said road Westwardly 130 feet to the point of
beginning, containing approximately 1 acre, and being a portion of
the first tract conveyed to Effie S. Jones by H.W. Stevens by deed
dated February 4, '1949, and recorded in the Wayne County
Registry in Book 337, at Page 90.
This being the identical property described as Tract Two in a deed
to John L. Tart and wife, Marjorie Stevens Tart by deed dated May
29, 2008 and recorded in Book 2628, Page 524 of the Wayne
County Registry.
Note that this property includes the following: Being 1.572 acres,
more or less, together with a 30-foot right of way for the purpose
of ingress, regress and egress from N.C.S.R. No. 1008 to the
aforesaid tract and both more fully described on a survey by Bobby
Rex Kornegay, Registered Surveyor, a plat of which is attached to
the deed recorded in Deed Book 1265 at Page 589 of the Wayne
County Registry. Being the same property conveyed by Henry
Walter Stevens from Walter Stevens, Jr., and wife, Lois Stevens,
by deed dated December 13, 1989, and recorded in Book 1265 at
Page 589 of the Wayne County Registry.
2
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00475734
This being the identical property described ,as Tract One in a deed
to John L. Tart and wife, Marjorie",-
arjorie Stevens `Tartby deed dated May
29, 2008 and recorded in Book 2628, Page 524 of the Wayne
County Registry.
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BOOK 4,6 4 PSG€H
Exhibit 2
Legal Description
Permanent Conservation Easements
Hollowell Mitigation Site
Wayne County, NC
1. Permanent Conservation Easement (Ref: PIN: 2568-22-3903) CE-8 (Tart)
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 ^'I , Page 2F, ; * o-1- 21/ of the Wayne
T
County Registry, and being a portion of a parcel owned by John L. Tart II and wife,
Larue R. Tart, (PIN: 2568-22-3903), more particularly described as follows:
Commencing at a rebar control point #3 set by WithersRavenel with N.C. Grid
(NAD83(2011)) localized coordinates N= 584,522.09 an E= 2,261,700.16. said point
being South 55°39'54" West 2,377.10 feet (ground) from rebar control point #2 with N.C.
Grid (NAD83(2011)) grid coordinates N= 585,828.38 an E= 2,263,686.16 and combined
scale factor of 0.99987383. THENCE from said control point #3 South 86°16'47" West
679.89 Feet to an existing iron pipe on the property line between Tart and Fiege, thence
South 4698'04" West 525.43 feet to a point on the Hollowell CE-5 easement, said point
being the POINT AND PLACE OF BEGINNING, THENCE continuing with the
following courses and distances:
THENCE South 81 °42'50" East 458.25 FEET to a point,
THENCE South 24°26'39" West 140.96 FEET to a point,
THENCE North 78° 18'06" West 502.3 8 FEET to a point on the Hollowell CE-5
easement,
THENCE North 4698'04" East 133.90 FEET to a point,
THE POINT AND PLACE OF BEGINNING,
said permanent conservation easement CE-8 containing 58,706 square feet or 1.348 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.
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