HomeMy WebLinkAbout20171584 Ver 1_Recorded Easements_20191119Strickland, Bev
From: Browning, Kimberly D CIV USARMY CESAW (USA)
<Kimberly.D.Browning@usace.army.mil>
Sent: Tuesday, November 19, 2019 11:54 AM
To: Davis, Erin B; Haupt, Mac
Subject: [External] FW: Dugger Creek Recorded Easements
Attachments: Recorded Conservation Easements - Dugger Creek.zip.zip_renamed; Final Tltle
Opinion Dugger.pdf, Dugger CE Confirmation Letter.pdf
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attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov>
FYI for your records
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
3331 Heritage Trade Dr, Ste. 105 1 Wake Forest, NC 27587 1 919.554.4884 x60
BUILDING STRONG (r)
-----Original Message -----
From: Andrea Eckardt [mailto:aeckardt@wildlandseng.com]
Sent: Thursday, November 14, 2019 4:27 PM
To: Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.miI>
Subject: [Non-DoD Source] FW: Dugger Creek Recorded Easements
Kim -
I just sent Steve K. the recorded easements and final title opinion for Dugger Creek (see attached). I recently saw an
email from john Hutton that you should be cc'd on that type of communication but forgot on this one. Sorry about that.
Also, please let me know if you need anything else related to the Yadkin Bank ledgers. What I sent you had the correct
credit amounts, but they might not have been the latest format. Let me know if you'd like me to resend those.
Andrea
Andrea S. Eckardt I Ecological Assessment Team Leader
1
704.332.7754 x101
From: Andrea Eckardt
Sent: Thursday, November 14, 2019 4:12 PM
To: Kichefski, Steven L CIV USARMY CESAW (US) <Steven.L.Kichefski@usace.army.mil>
Cc: Shawn Wilkerson <swilkerson@wildlandseng.com>
Subject: Dugger Creek Recorded Easements
Steve -
Attached are the final recorded conservation easements for Dugger Creek as well as the attorney's Final Title Opinion.
I have also included a letter from Unique Places to Save confirming their responsibilities related to inspection and
stewardship of the easement.
Please let me know if there is anything else you need for the Dugger Creek credit release.
Andrea
Andrea S. Eckardt I Ecological Assessment Team Leader
704.332.7754 x101
Wildlands Engineering, Inc. <Blockedhttp://www.wiIdlandseng.com/>
1430 S. Mint St, Suite 104
Charlotte, NC 28203
dotloop signature verification: dt1p.us/fLke-2M5u-KMIu
VX16
Unique laces
November 15, 2019 To Save
Andrea Eckardt
Wildlands Engineering, Inc.
1430 S. Mint St., Suite 104
Charlotte, NC 28203
Dear Ms. Eckardt,
This letter confirms that Unique Places to Save ("UP2S"), a 501(c)3 not -for -profit organization located in the
State of North Carolina, is the conservation easement grantee and long-term steward for the Yadkin Valley
Umbrella Mitigation Bank - Dugger Creek mitigation site ("Site") located in Watauga and Wilkes Counties,
North Carolina. As the conservation easement grantee and long-term steward, UP2S has agreed to and shall
be responsible for periodic inspection of the site to ensure that restrictions required in the conservation
easement are enforced and maintained.
UP2S has received a stewardship endowment in the amount of $66,551.67 to ensure our ability and capacity
to annually conduct monitoring of the Site and to legally defend the terms of the conservation easement into
perpetuity.
TT / _ dotloop verified
%�r� D 2U-TJ 0-M QJ EST
D02U-TJ40-MFQJ-QUMG
Board Member
Unique Places To Save
PO Box 1183 • Chapel Hill, NC 27514 • 585-472-9498 info(a)uniqueplacestosave.org
FINAL TITLE OPINION
CAROLINA MOUNTAIN TITLE
Supplementing Binder No. 1914099
(If no binder, attach Preliminary Opinion)
Supplementing the Preliminary Opinion On Title of the undersigned, we have updated our examination to November
13, 2019 at 04:19 PM. The following exceptions are eliminated:
ALL Requirements on Preliminary Opinion On Title have been met on Commitment No. 1914099.
TRANSACTION RECORDING INFORMATION:
in consideration of $1,620.000.00, from
Grantor Duggar Valley Investment Group a Georgia Limited Liability Company and BR Development Group,
to LLC a Georgia Limited Liability Company
SEE BELOW
Grantee Wildlands Holdings IV, LLC a North Carolina Limited Liability Company
dated filed for record November 13, 2019, at , and recorded in , Page , in the records of
Watauga County, State of North Carolina.
DEED OF TRUST in the principal amount of
From
To Trustee,
For Beneficiary,
dated filed for record at
and recorded in Book Page in the records of
County, State of North Carolina, and
ASSIGNED BY
to
By assignment dated , filed for record at , and
recorded in Book , Page , of the records aforesaid; and
that such assignment or endorsement is, based on the face of the instrument and assuming a valid transfer or
negotiation of the indebtedness, sufficient in such state to transfer the benefits of the lien.
REMARKS
Plat recorded in Watauga Co. ROD Plat Bk. 27, Pg. 194 on 11/13/2019.
Plat recorded in Watauga Co. ROD Plat Bk. 27, Pg. 195 on 11/13/2019.
Plat recorded in Watauga Co. ROD Plat Bk. 27, Pg. 196 - 203 on 11/13/2019.
Plat recorded in Wilkes Co. ROD Plat Bk. 12, Pg. 179 on 11/13/2019,
Plat recorded in Wilkes Co. ROD Plat Bk. 12. Pg. 180 on 11/13/2019.
Plat recorded in Wilkes Co. ROD Plat Bk. 12, Pg. 181 on 11/13/2019,
Plat recorded in Wilkes Co. ROD Plat Bk. 12, Pg. 182 on 11/13/2019.
Permanent Conservation Easement recorded in Watauga Co. ROD Bk. 2060, Pg. 21 on 11/13/2019.
Permanent Conservation Easement recorded in Watauga Co. ROD Bk. 2060, Pg. 34 on 11/13/2019.
Land Use and Easement Agreement recorded in Watauga Co. ROD Bk. 2060, Pg. 48 on 11/13/2019.
Land Use and Easement Agreement recorded in Watauga Co. ROD Bk. 2060, Pg. 55 on 11/13/2019.
Permanent Conservation Easement recorded in Wilkes Co. ROD Bk. 1294, Pg. 328 on 11/13/2019.
Permanent Conservation Easement recorded in Wilkes Co. ROD Bk. 1294, Pg. 329 on 11/13/2019.
Land Use and Easement Agreement recorded in Wilkes Co. ROD Bk. 1294, Pg. 330 on 11/13/2019.
Land Use and Easement Agreement recorded in Wilkes Co. ROD Bk. 1294, Pg. 331 on 11/13/2019.
Subordination of Deed of Trust to Permanent Conservation Easement recorded in Watauga Co. ROD Bk. 2060.
Pg. 62 AND Wilkes Co. ROD Bk. 1294, Pg. 332 on 11/13/2019.
Subordination of Deed of Trust to Permanent Conservation Easement recorded in Watauga Co. ROD Bk. 2060,
Pg. 68 AND Wilkes Co. ROD Bk. 1294, Pg. 333 on 11/13/2019.
DEAL, MOSELEY & SMITH, LLP
XIN
N.C. Bar Assoc. Form No. L-1-F, (c) 1989 N.C. Bar Association NCBA001
This Standard Form has been approved jointly by:
NORTH CAROLINA BAR ASSOCIATION AND NORTH CAROLINA LAND TITLE ASSOCIATION
;Hff-AMrla:9019 W Nr[K.rIII .m:1.
Attorney
870 WEST KING STREET BOONE North Carolina 28607 (828)264-4734
Address: Street City State Zip Code Phone No.
Send Owners Policy To: DEAL, MOSELEY & SMITH, LLP
BOONE,NC128607TREET
Send Lenders Policy To: DEAL, MOSELEY & SMITH, LLP
870 WEST KING STREET
BOONE, INC 28607
N.C. Bar Assoc. Form No. L-1-F, (c) 1989 N.C. Bar Association NCBA001
This Standard Form has been approved jointly by:
NORTH CAROLINA BAR ASSOCIAT10N AND NORTH CAROLINALAND TITLE ASSOCIATION
FILED Amy J Shook
Register of Deeds, Watauga Co, NC
Fee Amt $26 00
Bk 2060 Pg 21 (13)
Recorded 11f1312019 at 12 47 33 PM
Doc No 684617 Kind EASE
/ DEAL MOSELEY & SMITH
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Prepared by Wildlands Engineering, Inc
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
_day of cA-o6A,,-� , 2019 by and between BR Development Group, LLC, a
Georgia limited liability company, ("Grantor") and Unique Places to Save ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Watauga and Wilkes Counties, North Carolina, more particularly' described in
Exhibit A attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not -for -profit or educational corporation,
association, 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) — (d)
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listed below;
(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 maintain streams, wetlands and riparian resources and other natural
values of approximately 97.78 acres, more or less, and being more particularly described
in Exhibit B attached hereto and incorporated fully herein by reference (the
"Conservation Easement Area"), and 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.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI)
and Mitigation Plan for the Yadkin Valley Umbrella Mitigation Bank— Dugger Creek
Mitigation Site, Department of the Army (DA) Action ID Number SAW 2017-01918,
entitled "Agreement to Establish the Yadkin Valley Umbrella Mitigation Bank in the
Yadkin River Basin within the State of North Carolina", entered into by and between
Wildlands Holdings IV, LLC (Wildlands) acting as the Bank Sponsor and the Wilmington
District Corps of Engineers (Corps), in consultation with the North Carolina Interagency
Review Team (IRT). The Dugger Creek Mitigation Site has been approved by the Corps
for use as a mitigation bankto compensate for unavoidable stream and wetland impacts
authorized by DA permits.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall
be held by the 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 rights of enforcement under the Department of the Army instrument
number SAW-2017-01921("Mitigation Banking Instrument"), or any permit or
certification issued by the Third -Party.
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
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hereinafter set forth, over the Conservation Easement Area described on Exhibit B,
together with the right to preserve and protect the conservation values thereof, as
follows:
ARTICLE I.
DURATIONOF 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 IL
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.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area, except that Grantor reserves the right to clear,
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maintain, repair and utilize existing unsurfaced trails in connection with uses permitted in
the Conservation Easement Area. The Grantor also reserves the right to maintain, repair,
and utilize existing roads and culverts. All trail and/or road maintenance will be done using
methods that minimize sedimentation and erosion impacts to the streams within the
Conservation Easement Area. Existing roads and trails are shown on Exhibit B.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation values
of the Conservation Easement Area, signs giving directions or proscribing rules and
regulations for the use of the Conservation Easement Area and/or signs identifying the
Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Conservation Easement Area, except to restore natural topography or drainage
patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
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 Wildlands, the Grantor, the Grantee, its
employees and agents, successors, assigns, and the Corps on the roads and stream
crossings identified on Exhibit B.
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant, the
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preservation of the Conservation Easement Area substantially in its natural condition, or
the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area for
all purposes not inconsistent with this Conservation Easement, including, but not limited
to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress
and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right
to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in
part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall
specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including Wildlands 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 Yadkin Valley Umbrella Mitigation Plan-Dugger
Creek Mitigation Site, and the Mitigation Banking Instrument described in the Recitals of
this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, the following rights as described in the approved Yadkin Valley
Umbrella Mitigation Bank— Dugger Creek Site Mitigation Plan, Department of the
Army (DA) Action ID Number SAW-2017-01918:
Reserved Stream Crossings: vehicular access and utility lines are allowed in the
crossings, as described in Exhibit B, and per the Dugger Creek Site Mitigation
Plan, Department of the Army (DA) Action ID Number SAW-2017-01918.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the
Corps, 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 his personal representatives, heirs, successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Wildlands, and its authorized representatives, successors and
assigns, and the Corps shall also have the right to enter and go upon the Conservation
Easement Area for purposes of making scientific or educational observations and studies,
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and taking samples. The easement rights granted herein do not include public access
rights.
ARTICLE V
ENFORCEMENTAND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, and the Corps are
allowed to prevent any activity on or use of the Conservation Easement Area that is
inconsistent with the purposes of this Easement and to require the restoration of such
areas or features of the Conservation Easement Area thatmay be damaged by such
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor
that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing
of such breach. The Grantor shall have 30 days after receipt of such notice to correct the
conditions constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal proceedings
including damages, injunctive and other relief. Notwithstanding the foregoing, the
Grantee reserves the immediate right, 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 the 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 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 the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right to Grantee to enforce the same in the event of a
subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Conservation Easement Area resulting from such
causes.
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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 seq. and § 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 purposes described in this document.
D. Entire Agreement and Severability. The Mitigation Banking Instrument: MBI
with corresponding Mitigation Plan, and this Conservation Easement sets forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all
prior discussions, negotiations, understandings or agreements relating to the
Conservation Easement. If any provision is found to be void or unenforceable by a court of
competent jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property
free of any liens or other encumbrances for obligations incurred by Grantor, except those
incurred after the date hereof, which are expressly subject and 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
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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 will be 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 Protected Property. 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
Protected Property 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.
I. 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):
To Grantor:
BR Development Group, LLC
3050 Peachtree Road, NW Suite 370
Atlanta, GA 30305
404-260-7720
T Go rantee:
Unique Places to Save
PO Box 1183
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Chapel Hill, NC 27514-1183
Attention: Michael Sisco
To Sponsor:
Wildlands Holdings IV, LLC
143 South Mint Street, Suite 104
Charlotte, NC 28203
Attention: Shawn D. Wilkerson
Fax: 704-332-3306
To the Corps:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
K. Failure of Grantee. If at anytime 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
3 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.
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IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand
and seal, the day and year first sbove written.
Bk 2060 P9 30 BR DEVELOPMENT GROUP, LLC
Doc No 684617 Kind EASE a Georgia Limited Liability Company
By: Blowing Rock Resort Venture, LLC
a Georgia Limited Liability Company
Its sole member
By: SELAF Blowing Rock, LLC
a Georgia Limited Liability Company
its sole member
By: Southeast LandCo Acquisition Fund, LLC
a Delaware Limited Liability Company
its sole member
By: Reynolds Capital Group LLC
an Ohio Limited Liability Company
its managing member
sy:
�esD.ynolds, Authorized presentative
STATE OF N G
COUNTY OF
I,r&W %... Q6d th a notary public of said County and State, do hereby certify that
James D. Reynolds, Authorized Representative of Reynolds Capital Group LLC, Managing Member of
Southeast LandCo Acquisition Fund, LLC, sole member of SELAF Blowing Rock, LLC, sole member of
Blowing Rock Resort Venture, LLC, sole member of BR Development Group, LLC, personally appeared
before me this day and acknowledged that he is the Authorized Representative, and that by authority
duly given and as the act of the LLC, the foregoing instrument was signed and sealed in its name by
himself as Authorized Representative of Reynolds Capital Group LLC, Managing Member of Southeast
LandCo Acquisition Fund, LLC, sole member of SELAF Blowing Rock, LLC, sole member of Blowing Rock
Resort Venture, LLC, sole member of BR Development Group, LLC.
WITNESS my hand and official seal this the lD day of N"&-nb-V . 2019
Notary Pu i
My ommission expires:
2-3 Stacy L. Eldreth
NOTk'4AR AL SEAL: Notary Public
Watauga County
North Carolina
M Commission Expires 11 16(2023
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IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day
and year first above written.
Grantee: Unique Places to Save
By: gt&k(SEAL)
Jeffrey Fishe and Member
Date: ) 0 h b I
STATE OF M0 Y4-PN
COUNTY OF i' '
I, 1 ✓ Y[ e- F— afe' a Notary Public in and for the County and State
aforesaid, do hereby certify tha effrey Fisher, Grantee, personally appeared before me
this day and acknowledged that he is Board Member of Unique Places to Save, a non-
profit corporation, and that he, as Board Member, being authorized to do so,
executed the foregoing on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the /9-yq—
day of Z) 6-k � , 20&.
Ca L�,"
Notary Public \ �41 O�
F
_ O NOTAR y
Myy� commission expires:
PUBLIC
ti q/0
1►
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This map may not be a certified survey and has not
been reviewed by a local government agency for
compliance with any applicable land development
regulations and has not been reviewed for
compliancee with recording requirements for plats
EXHIBIT A
�VJ1'a6c5•
2857-94-3566�
WILDLANDS 0 1,250 2,500 Feet
Exhibit A
Dugger CreekProject Parcels
Yadkin Valley Umbrella Mitigation Bank
Yadkin River Basin (03040101)
Watauga and Wilkes Counties
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EXHIBIT B
A Conservation Easement for
"Dugger Creek Mitigation Site"
USACEAction ID #: SAW-2017-01918
Property of
BR Development Group, LLC
Being all of a conservation easement area containing a total of 97.78 Acres, being the same more
or less, according to a series of plats of survey entitled "A Conservation Easement Survey for
Unique Places, LLC, Dugger Creek Site, USACE Action ID #: SAW-2017-01918", on the property of
BR Development Group, LLC, Job# 18081006(CE1). This description of land was prepared from an
actual survey performed under the supervision of Phillip B Kee, NC PLS (License # L-4647) and
shown on a plat of survey as recorded in Plat Book 27 Pages 194- *of the Watauga County
Register of Deeds and Plat Book Pages - of the Wilkes County Register of Deeds, to
which reference should be made for a more complete description.
* Plat Book 27 Page 195 and Plat Book 27 Pages 196-203, Watauga County
Register of Deeds
FILED
WILKES COUNTY
MISTY M. SMITHEY
REGISTER OF DEEDS
FILED Nov 13, 2019
AT 04:19:13 pm
BOOK 01294
PAGE 0328
INSTRUMENT # 07233
EXCISE TAX (None)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Wildlands Engineering, Inc
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of (0 be/ 2019 by and between BR Development Group, LLC, a
Georgia limited liability company, ("Grantor") and Unique Places to Save ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Watauga and Wilkes Counties, North Carolina, more particularly described in
Exhibit A attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not -for -profit or educational corporation,
association, 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) — (d)
listed below;
(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 maintain streams, wetlands and riparian resources and other natural
values of approximately 97.78 acres, more or less, and being more particularly described
in Exhibit B attached hereto and incorporated fully herein by reference (the
"Conservation Easement Area"), and 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.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI)
and Mitigation Plan forthe Yadkin Valley Umbrella Mitigation Bank— Dugger Creek
Mitigation Site, Department of the Army (DA) Action ID Number SAW 2017-01918,
entitled "Agreement to Establish the Yadkin Valley Umbrella Mitigation Bank in the
Yadkin River Basin within the State of North Carolina", entered into by and between
Wildlands Holdings IV, LLC (Wildlands) acting as the Bank Sponsor and the Wilmington
District Corps of Engineers (Corps), in consultation with the North Carolina Interagency
Review Team (IRT). The Dugger Creek 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.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall
be held by the 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 rights of enforcement under the Department of the Army instrument
number SAW-2017-01921 ("Mitigation Banking Instrument'), or any permit or
certification issued by the Third -Party.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and
irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever
and in perpetuity a Conservation Easement of the nature and character and to the extent
hereinafter set forth, over the Conservation Easement Area described on Exhibit B,
together with the right to preserve and protect the conservation values thereof, as
follows:
ARTICLE I.
DURATIONOF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the
purpose of this Conservation Easement is prohibited. The Conservation Easement Area
shall be preserved in its natural condition and restricted from any development that
would impair or interfere with the conservation values of the Conservation Easement
Area.
Without limiting the generality of the foregoing, the following activities and uses
are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Conservation Easement Area or any
introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna,
utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent
structure or facility on or above 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.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area, except that Grantor reserves the right to clear,
maintain, repair and utilize existing unsurfaced trails in connection with uses permitted in
the Conservation Easement Area. The Grantor also reserves the right to maintain, repair,
and utilize existing roads and culverts. All trail and/or road maintenance will be done using
methods that minimize sedimentation and erosion impacts to the streams within the
Conservation Easement Area. Existing roads and trails are shown on Exhibit B.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation values
of the Conservation Easement Area, signs giving directions or proscribing rules and
regulations for the use of the Conservation Easement Area and/or signs identifying the
Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Conservation Easement Area, except to restore natural topography or drainage
patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
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 Wildlands, the Grantor, the Grantee, its
employees and agents, successors, assigns, and the Corps on the roads and stream
crossings identified on Exhibit B.
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant, the
preservation of the Conservation Easement Area substantially in its natural condition, or
the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area for
all purposes not inconsistent with this Conservation Easement, including, but not limited
to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress
and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right
to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in
part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall
specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including Wildlands 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 Yadkin Valley Umbrella Mitigation Plan-Dugger
Creek Mitigation Site, and the Mitigation Banking Instrument described in the Recitals of
this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, the following rights as described in the approved Yadkin Valley
Umbrella Mitigation Bank—Dugger Creek Site Mitigation Plan, Department of the
Army (DA) Action ID Number SAW-2017-01918:
Reserved Stream Crossings: vehicular access and utility lines are allowed in the
crossings, as described in Exhibit B, and per the Dugger Creek Site Mitigation
Plan, Department of the Army (DA) Action ID Number SAW-2017-01918.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the
Corps, 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 his personal representatives, heirs, successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Wildlands, and its authorized representatives, successors and
assigns, and the Corps shall also have the right to enter and go upon 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
ENFORCEMENTAND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, and the Corps are
allowed to prevent any activity on or use of the Conservation Easement Area that is
inconsistent with the purposes of this Easement and to require the restoration of such
areas or features of the Conservation Easement Area thatmay be damaged by such
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor
that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing
of such breach. The Grantor shall have 30 days after receipt of such notice to correct the
conditions constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal proceedings
including damages, injunctive and other relief. Notwithstanding the foregoing, the
Grantee reserves the immediate right, 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 the 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 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 the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right to Grantee to enforce the same in the event of a
subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God orthird 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 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 defendtitle
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 seq. and § 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 purposes described in this document.
D. Entire Agreement and Severability. The Mitigation Banking Instrument: MBI
with corresponding Mitigation Plan, and this Conservation Easement sets forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all
prior discussions, negotiations, understandings or agreements relating to the
Conservation Easement. If any provision is found to be void or unenforceable by a court of
competent jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property
free of any liens or other encumbrances for obligations incurred by Grantor, except those
incurred after the date hereof, which are expressly subject and 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.
F. Long -Term Management. If livestock operations will be 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 Protected Property. 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
Protected Property 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, byjudicial
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.
I. 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):
To Grantor:
BR Development Group, LLC
3050 Peachtree Road, NW Suite 370
Atlanta, GA 30305
404-260-7720
To Grantee:
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514-1183
Attention: Michael Sisco
To Sponsor:
Wildlands Holdings IV, LLC
143 South Mint Street, Suite 104
Charlotte, NC 28203
Attention: Shawn D. Wilkerson
Fax: 704-332-3306
To the Corps:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
K. Failure of Grantee. If at anytime 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
3 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.
BR DEVELOPMENT GROUP, LLC
a Georgia Limited Liability Company
By: Blowing Rock Resort Venture, LLC
a Georgia Limited Liability Company
its sole member
By: SELAF Blowing Rock, LLC
a Georgia Limited Liability Company
its sole member
By: Southeast LandCo Acquisition Fund, LLC
a Delaware Limited Liability Company
its sole member
By: Reynolds Capital Group LLC
an Ohio Limited Liability Company
its managing
/member
es D,Reynolds,Authorize epresentative
STATE OF G
COUNTY OF
I, SN&W A,. Q6rL`+-i a notary public of said County and State, do hereby certify that
James D. Reynold, Authorized Representative of Reynolds Capital Group LLC, Managing Member of
Southeast LandCo Acquisition Fund, LLC, sole member of SELAF Blowing Rock, LLC, sole member of
Blowing Rock Resort Venture, LLC, sole member of BR Development Group, LLC, personally appeared
before me this day and acknowledged that he is the Authorized Representative, and that by authority
duly given and as the act of the LLC, the foregoing instrument was signed and sealed in its name by
himself as Authorized Representative of Reynolds Capital Group LLC, Managing Member of Southeast
LandCo Acquisition Fund, LLC, sole member of SELAF Blowing Rock, LLC, sole member of Blowing Rock
Resort Venture, LLC, sole member of BR Development Group, LLC.
WITNESS my hand and official seal this the day of MOa MiMr b2 H , 2019
Notary Pub is
My c m fission expires:
r
>'E
Sty I_. f idreth
NOTARIAL SEAL: Noagtary niiblic
Watauga i ounfy
North ling .
My Commission Expires 51r1t/2023
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day
and year first above written.
Grantee: Unique Places to Save
By: OLAA)(SEAL)
Jeffrey Fisher, fj9rd Member
Date: /0/1f J/ i
STATE OF /0 01-4h (' 01a (l i"L"<-
COUNTY OF .l Gc ✓L ( .
I, (P "I✓1� �• l Ile- 41 a Notary Public in and for the County and State
aforesaid, do hereby certify that Jeffrey Fisher, Grantee, personally appeared before me
this day and acknowledged that he is Board Member of Unique Places to Save, a non-
profit corporation, and that he, as Board Member, being authorized to do so,
executed the foregoing on behalf of the corporation.
IN WITNLESS WHEREOF, I have hereunto set my hand and Notary Seal this the /tom
day of 20�1-
1
(.tom /
lLE�LcKl '`iV l l e, \\W111//
Notary Public , NE FCo
l
My commission expires:: = ve 0 T A R
PUBLIC =
iLL 6�
C01 N\\ '\\'
EXHIBIT A
0 Bit Development Group, LLC
Parcels
COUNTY
2&794356
This map may not be a certified survey and bas not
been reviewed by a local government agency for
compliance with any applicable land development
regulations and has not been reviewed for
compliances with recording requirements for plats
ExhibitA
bugger CreekProject Parcels
W WILDLANDS Yadkin ValleyUmbrellaBasin
001)
stir weeewa, 0 1,250 2,500 Feet Yadkin River Basin (03040101)
I i 1 1
Watougo and Wilkes Counties
This map may not be a certified survey and
has not been reviewed by a local government
agency for compliance with any applicable
land development regulations and has not
been teviewed for compliance with recording
requirements for plats.
EXHIBIT B
A Conservation Easement for
"bugger Creek Mitigation Site"
USACEAction ID #: SAW-2017-01918
Property of.•
BR Development Group, LLC
Being all of a conservation easement area containing a total of 97.78 Acres, being the same more
or less, according to a series of plats of survey entitled "A Conservation Easement Survey for
Unique Places, LLC, Dugger Creek Site, USACE Action ID #: SAW-2017-01918", on the property of
BR Development Group, LLC, Job# 18081006(CE1). This description of land was prepared from an
actual survey performed under the supervision of Phillip B Kee, NC PLS (License # L-4647) and
shown on a plat of survey as recorded in Plat Book_ Pages_-_ of the Watauga County
Register of Deeds and Plat Book I at Pages ill 61(If of the Wilkes County Register of Deeds, to
which reference should be made for a more complete description.
and recorded in Plat Rook 1( , Pages IR'd - IS'a of the Wilkes
County Register, -of Deeds.
FILED Amy J Shook
Register of Deeds; Watauga Co, NC
Fee Amt $26 00
Bk 2060 Pg 34 (14)
Recorded 11/13/2019 at 12 47 34 PM
Doc No 664618 Kind EASE
lDEAL MOSELEY & SMITH
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Prepared by Wildlands Engineerinfz, Inc
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
!'46 day of , 2019 by and between Dugger Valley Investment Group,
LLC, a Georgia limited liability company, ("Grantor") and Unique Places to Save
("Grantee").
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Watauga and Wilkes Counties, North Carolina, more particularly described in
Exhibit A attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not -for -profit or educational corporation,
association, or trust qualified under § 501(c)(3) and § 170 (h) of the Internal Revenue
BK 2060 PG 035 DOC# 684618
ek 2060 Pg 35
Doc No 684618 Kind EASE
Code, the purposes or powers of which include one or more of the purposes (a) — (d)
listed below;
(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 maintain streams, wetlands and riparian resources and other natural
values of approximately 679.35 acres, more or less, and being more particularly
described in Exhibit B attached hereto and incorporated fully herein by reference (the
"Conservation Easement Area"), and 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.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI)
and Mitigation Plan forthe Yadkin Valley Umbrella Mitigation Bank — Dugger Creek
Mitigation Site, Department of the Army (DA) Action ID Number SAW 2017-01918,
entitled "Agreement to Establish the Yadkin Valley Umbrella Mitigation Bank in the
Yadkin River Basin within the State of North Carolina", entered into by and between
Wildlands Holdings IV, LLC (Wildlands) acting as the Bank Sponsor and the Wilmington
District Corps of Engineers (Corps), in consultation with the North Carolina Interagency
Review Team (IRT). The Dugger Creek 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.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall
be held by the 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 rights of enforcement under the Department of the Army instrument
number SAW-2017-01921 ("Mitigation Banking Instrument"), or any permit or
certification issued by the Third -Party.
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
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and in perpetuity a Conservation Easement of the nature and character and to the extent
hereinafter set forth, over the Conservation Easement Area described on Exhibit B,
together with the right to preserve and protect the conservation values thereof, as
follows:
ARTICLE I.
DURATIONOF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the
purpose of this Conservation Easement is prohibited. The Conservation Easement Area
shall be preserved in its natural condition and restricted from any development that
would impair or interfere with the conservation values of the Conservation Easement
Area.
Without limiting the generality of the foregoing, the following activities and uses
are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Conservation Easement Area or any
introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna. utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Conservation Easement Area except for
reasonable maintenance and repairs undertaken on the existing Scout Pavilion.
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.
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F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area, except that Grantor reserves the right to clear,
maintain, repair and utilize existing unsurfaced trails in connection with uses permitted in
the Conservation Easement Area. The Grantor also reserves the right to maintain, repair,
and utilize existing roads and culverts. All trail and/or road maintenance will be done using
methods that minimize sedimentation and erosion impacts to the streams within the
Conservation Easement Area. Existing roads and trails are shown on Exhibit B.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation values
of the Conservation Easement Area, signs giving directions or proscribing rules and
regulations for the use of the Conservation Easement Area and/or signs identifying the
Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Conservation Easement Area, except to restore natural topography or drainage
patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
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 Wildlands, the Grantor, the Grantee, its
employees and agents, successors, assigns, and the Corps on the roads and stream
crossings identified on Exhibit B.
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M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant, the
preservation of the Conservation Easement Area substantially in its natural condition, or
the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area for
all purposes not inconsistent with this Conservation Easement, including, but not limited
to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress
and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right
to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in
part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall
specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including Wildlands 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 Yadkin Valley Umbrella Mitigation Plan-Dugger
Creek Mitigation Site, and the Mitigation Banking Instrument described in the Recitals of
this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, the following rights as described in the approved Yadkin Valley
Umbrella Mitigation Bank— Dugger Creek Site Mitigation Plan, Department of the
Army (DA) Action ID Number SAW-2017-01918:
Reserved Stream Crossings: vehicular access and utility lines are allowed in the
crossings, as described in Exhibit B, and per the Dugger Creek Site Mitigation
Plan, Department of the Army (DA) Action ID Number SAW-2017-01918.
Scout Pavilion: The existing Scout Pavilion, as described in the Dugger Creek Site
Mitigation Plan, will remain in the conservation easement. Reasonable repairs
and maintenance of the structure is permitted under the conservation
easement.
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ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the
Corps, 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 his personal representatives, heirs, successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Wildlands, and its authorized representatives, successors and
assigns, and the Corps shall also have the right to enter and go upon 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
ENFORCEMENTAND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, and the Corps are
allowed to prevent any activity on or use of the Conservation Easement Area that is
inconsistent with the purposes of this Easement and to require the restoration of such
areas or features of the Conservation Easement Area that may be damaged by such
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor
that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing
of such breach. The Grantor shall have 30 days after receipt of such notice to correct the
conditions constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal proceedings
including damages, injunctive and other relief. Notwithstanding the foregoing, the
Grantee reserves the immediate right, 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 the 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 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 the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right to Grantee to enforce the same in the event of a
subsequent breach or default.
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C. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to 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 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 defendtitle
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 seq. and § 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 purposes described in this document.
D. Entire Agreement and Severability. The Mitigation Banking Instrument: MBI
with corresponding Mitigation Plan, and this Conservation Easement sets forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all
prior discussions, negotiations, understandings or agreements relating to the
Conservation Easement. If any provision is found to be void or unenforceable by a court of
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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 subject and 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.
F. Long -Term Management. If livestock operations will be 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 Protected Property. 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
Protected Property 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.
I. 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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To Grantor:
Dugger Valley Investment Group
3050 Peachtree Road, NW Suite 370
Atlanta, GA 30305
404-260-7720
To Grantee:
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514-1183
Attention: Michael Sisco
To Sponsor:
Wildlands Holdings IV, LLC
143 South Mint Street, Suite 104
Charlotte, NC 28203
Attention: Shawn D. Wilkerson
Fax: 704-332-3306
To the Corps:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
K. Failure of Grantee. If at anytime 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
3 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
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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.
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IN TESTIMONY WHEREOF, the. -Grantor has hereunto set his hand and seal,
the day and year first above written.
DUGGER VALLEY INVESTMENT GROUP, LLC
Bk 2060 Pg 44 a Georgia Limited Liability Company
Doc No 684618 Kind EASE By: Blowing Rock Resort Venture, LLC
a Georgia Limited Liability Company
its sole member and manager
By: SELAF Blowing Rock, LLC
a Georgia Limited Liability Company
its sole member
By: Southeast LandCo Acquisition Fund, LLC
a Delaware Limited Liability Company
its sole member
By: Reynolds Capital Group LLC
an Ohio Limited Liability Company
its managing member
By:
` ^ es D. Reynolds, Aut razed Representative
STATE OF N V
COUNTY OF (X.
1, �•Gt a notary public of said County and State, do hereby certify that James D. Reynolds, Authorized
Representative of Feeynolds Capital Group LLC, Managing Member of Southeast LandCo Acquisition Fund, LLC, sole member of
SELAF Blowing Rock, LLC, sole member of Blowing Rock Resort Venture, LLC, sole member and Manager of Dugger Valley
Investment Group, LLC, personally appeared before me this day and acknowledged that he is the Authorized Representative, and
that by authority duly given and as the act of the LLC, the foregoing instrument was signed and sealed in its name by himself as
Authorized Representative of Reynolds Capital Group LLC, Managing Member of Southeast LandCo Acquisition Fund, LLC, sole
member of SELAF Blowing Rock, LLC, sole member of Blowing Rock Resort Venture, LLC, sole member and Manager of Dugger
Valley Investment Group, LLC.
WITNESS my hand and official seal this the A0 day of 2019.
Notary P c
My om issi on expires: =Carolina
eth
ic
NOTARIAL SEAL: nty
naM Coms 11 1612023
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IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day
and year first above written.
Grantee: Unique Places to Save
By:gj/� (SEAL)
Jeffrey Fisher, B Member
Date: /0l/ 8,/ i
STATEOFVl
COUNTY OF Gi'
a Notary Public in and for the County and State
aforesaid, do hereby certify that Jeffrey Fisher, Grantee, personally appeared before me
this day and acknowledged that he is Board Member of Unique Places to Save, a non-
profit corporation, and that he, as Board Member, being authorized to do so,
executed the foregoing on behalf of the corporation.
IN WITN S WHEREOF, I have hereunto set my hand and Notary Seal this the��
day of 'Olj e e— , 208.
f)C4!f "I �`�\�r�\NE I CO
Notary Public ��A �F,�:
^vQ AR Y
My commission expires:
PUBfjqa
S\G v
Ir COUN
�/llll�
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EXHIBIT A
Q Dugger Valley Investment Group, LLC
Parcels
2856-10-9856
This map may not be a certified survey and has not
been reviewed by a local government agency for
compliance with any applicable land development
regulations and has not been reviewed for
compliancee with recording requirements for plats
COU
Ptil.K:.
2857-75-7395
Exhibit A
Dugger CreekProject Parcels
Yadkin Valley Umbrella Mitigation Bank
W I LD LA N D S 0 1,250 2,500 Feet Yadkin River Basin (03040101)
err aN�cK�rir.
l i i r l
Watauga and Wilkes Counties
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EXHIBIT B
A Conservation Easement for
"Dogger Creek Mitigation Site"
USACE Action ID #: SA W-201 7-01918
Property of
Dogger Valley Investment Group, LLC
Being all of a conservation easement area containing a total of 679.35 Acres, being the same more
or less, according to a series of plats of survey entitled "A Conservation Easement Survey for
Unique Places, LLC, Dugger Creek Site, USACE Action ID #: SAW-2017-01918", on the property of
Dugger Valley Investment Group, Job# 18081006(CE1). This description of land was prepared from
an actual survey performed under the supervision of Phillip B Kee, NC PLSS (License # L-4647) and
shown on a plat of survey as recorded in Plat Book 27 Pages 194 _ of the Watauga County
Register of Deeds and Plat Book Pages - of the Wilkes County Register of Deeds, to
which reference should be made for a more complete description.
* Plat Book 27 Page 195 and Plat Book 27 Pages 196-203, Watauga County
Register of Deeds
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Prepared by Wildlands Engineering, Inc
FILED
WILKES COUNTY
MISTY M. SMITHEY
REGISTER OF DEEDS
FILED Nov 13, 2019
AT 04:19:14 pm
BOOK 01294
PAGE 0329
INSTRUMENT # 07234
EXCISE TAX (None)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
_day of2019 by and between Dugger Valley Investment Group,
LLC, a Georgia limited liability company, ("Grantor') and Unique Places to Save
("Grantee").
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Watauga and Wilkes Counties, North Carolina, more particularly described in
Exhibit A attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not -for -profit or educational corporation,
association, 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) — (d)
listed below;
(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 maintain streams, wetlands and riparian resources and other natural
values of approximately 679.35 acres, more or less, and being more particularly
described in Exhibit B attached hereto and incorporated fully herein by reference (the
"Conservation Easement Area"), and 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.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI)
and Mitigation Plan forthe Yadkin Valley Umbrella Mitigation Bank— Dugger Creek
Mitigation Site, Departmentof the Army (DA) Action ID NumberSAW 2017-01918,
entitled "Agreementto Establish the Yadkin Valley Umbrella Mitigation Bank in the
Yadkin River Basin within the State of North Carolina", entered into by and between
Wildlands Holdings IV, LLC (Wildlands) acting as the Bank Sponsor and the Wilmington
District Corps of Engineers (Corps), in consultation with the North Carolina Interagency
Review Team (IRT). The Dugger Creek 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.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall
be held by the 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 rights of enforcement under the Department of the Army instrument
number SAW-2017-01921 ("Mitigation Banking Instrument"), or any permit or
certification issued by the Third -Party.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and
irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever
and in perpetuity a Conservation Easement of the nature and character and to the extent
hereinafter set forth, over the Conservation Easement Area described on Exhibit B,
together with the right to preserve and protect the conservation values thereof, as
follows:
ARTICLE I.
DURATIONOF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the
purpose of this Conservation Easement is prohibited. The Conservation Easement Area
shall be preserved in its natural condition and restricted from any development that
would impair or interfere with the conservation values of the Conservation Easement
Area.
Without limiting the generality of the foregoing, the following activities and uses
are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Conservation Easement Area or any
introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna,_ utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Conservation Easement Area except for
reasonable maintenance and repairs undertaken on the existing Scout Pavilion.
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.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area, except that Grantor reserves the right to clear,
maintain, repair and utilize existing unsurfaced trails in connection with uses permitted in
the Conservation Easement Area. The Grantor also reserves the right to maintain, repair,
and utilize existing roads and culverts. All trail and/or road maintenance will be done using
methods that minimize sedimentation and erosion impacts to the streams within the
Conservation Easement Area. Existing roads and trails are shown on Exhibit B.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation values
of the Conservation Easement Area, signs giving directions or proscribing rules and
regulations for the use of the Conservation Easement Area and/or signs identifying the
Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation. Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Conservation Easement Area, except to restore natural topography or drainage
patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
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 Wildlands, the Grantor, the Grantee, its
employees and agents, successors, assigns, and the Corps on the roads and stream
crossings identified on Exhibit B.
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant, the
preservation of the Conservation Easement Area substantially in its natural condition, or
the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area for
all purposes not inconsistent with this Conservation Easement, including, but not limited
to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress
and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right
to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in
part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall
specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including Wildlands 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 Yadkin Valley Umbrella Mitigation Plan-Dugger
Creek Mitigation Site, and the Mitigation Banking Instrument described in the Recitals of
this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, the following rights as described in the approved Yadkin Valley
Umbrella Mitigation Bank— Dugger Creek Site Mitigation Plan, Department of the
Army (DA) Action ID Number SAW-2017-01918:
Reserved Stream Crossings: vehicular access and utility lines are allowed in the
crossings, as described in Exhibit B, and per the Dugger Creek Site Mitigation
Plan, Department of the Army (DA) Action ID Number SAW-2017-01918.
Scout Pavilion: The existing Scout Pavilion, as described in the Dugger Creek Site
Mitigation Plan, will remain in the conservation easement. Reasonable repairs
and maintenance of the structure is permitted under the conservation
easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the
Corps, 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 his personal representatives, heirs, successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Wildlands, and its authorized representatives, successors and
assigns, and the Corps shall also have the right to enter and go upon 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
ENFORCEMENTAND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, and the Corps are
allowed to prevent any activity on or use of the Conservation Easement Area that is
inconsistent with the purposes of this Easement and to require the restoration of such
areas or features of the Conservation Easement Area thatmay be damaged by such
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor
that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing
of such breach. The Grantor shall have 30 days after receipt of such notice to correct the
conditions constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal proceedings
including damages, injunctive and other relief. Notwithstanding the foregoing, the
Grantee reserves the immediate right, 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 the 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 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 the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right to Grantee to enforce the same in the event of a
subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to 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 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 seq. and § 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 purposes described in this document.
D. Entire Agreement and Severability. The Mitigation Banking Instrument: MBI
with corresponding Mitigation Plan, and this Conservation Easement sets forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all
prior discussions, negotiations, understandings or agreements relating to the
Conservation Easement. If any provision is found to be void or unenforceable by a court of
competent jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property
free of any liens or other encumbrances for obligations incurred by Grantor, except those
incurred after the date hereof, which are expressly subject and 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.
F. Long -Term Management. If livestock operations will be 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 Protected Property. 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
Protected Property 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, byjudicial
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.
I. 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):
To Grantor:
Dugger Valley Investment Group
3050 Peachtree Road, NW Suite 370
Atlanta, GA 30305
404-260-7720
To Grantee:
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514-1183
Attention: Michael Sisco
To Sponsor:
Wildlands Holdings IV, LLC
143 South Mint Street, Suite 104
Charlotte, NC 28203
Attention: Shawn D. Wilkerson
Fax: 704-332-3306
To the Corns:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
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
3 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.
STATE OF tAC,
COUNTY OF _ lR lffa°il ,(Ia6,,
DUGGER VALLEY INVESTMENT GROUP, LLC
a Georgia Limited Liability Company
By: Blowing Rock Resort Venture, LLC
a Georgia Limited Liability Company
its sole member and manager
By: SELAF Blowing Rock, LLC
a Georgia Limited Liability Company
its sole member
By: Southeast LandCo Acquisition Fund, LLC
a Delaware Limited Liability Company
its sole member
By: Reynolds Capital Group LLC
an Ohio Limited Liability Company
its managing member
By:
s D. Reynolds, Author' ed Representative
1, L • a notary public of said County and State, do hereby certify that James D. Reynolds, Authorized
Representative dReynolds Capital Group LLC, Managing Member of Southeast LandCo Acquisition Fund, LLC, sole member of
SELAF Blowing Rock, LLC, sole member of Blowing Rock Resort Venture, LLC, sole member and Manager of Dogger Valley
Investment Group, LLC, personally appeared before me this day and acknowledged that he is the Authorized Representative, and
that by authority duly given and as the act of the LLC, the foregoing instrument was signed and sealed in its name by himself as
Authorized Representative of Reynolds Capital Group LLC, Managing Member of Southeast LandCo Acquisition Fund, LLC, sole
member of SELAF Blowing Rock, LLC, sole member of Blowing Rock Resort Venture, LLC, sole member and Manager of Dugger
Valley Investment Group, LLC.
WITNESS my hand and official seal this the (9 dayoftI,,MLr , 2019.
Notary Publ;'ci
My commission expires: �:.e-�e-i
ri Stacy L. f ldr tli
NOTARI L SEAL: Via ai9a �o inty
N°�ih Carolina
jr,!�1:�°m+�nission Expir:;s 1'1/76(2023
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day
and year first above written.
Grantee: Unique Places to Save
By: ch ` (SEAL)
Jeffrey Fisher, rd Member
Date:
STATE OF 1QQr h Curt91//'L4L
COUNTY OF
I �
a Notary Public in and for the County and State
aforesaid, do hereby certify tha Jeffrey Fisher, Grantee, personally appeared before me
this day and acknowledged that he is Board Member of Unique Places to Save, a non-
profit corporation, and that he, as Board Member, being authorized to do so,
executed the foregoing on behalf of the corporation.
IN WITNESS WHEREOF, t have hereunto set my hand and Notary Seal this the
day of Q-10 [je-y 2If—L.
1 a
\NEI E IOoilli
Notary Public
=c¢i �aO�pRY _
My commission expires: _ G
EXHIBIT A
Q Dugger Valley Investment Group, LLC
Parcels
2858-10-9856
WAIAJ AYO014V
This map may not be a certified survey and has not -
been reviewed by a loml government agency for -
compliance with any applicable land development
regulations and has not been reviewed for
compliancee with retarding requirements for plats
WILDLANDS 0 1,250 2,500 Feet
[ry GIN[6AING ��,NNN I 1 I 1
This map may not be a certified survey and
hi, q lint been reviewed by a local government
x4rith any applicable
n
land aevelopmr It r
a hag ot
been reviewed for compliance vvi. t�xi q
requirements for plats.
Exhibit A
Dogger CreekProject Parcels
Yadkin Valley Umbrella Mitigation Bank
Yadkin River Basin (03040101)
Watauga and Wilkes Counties
EXHIBIT B
A Conservation Easement for
"Dugger Creek Mitigation Site"
USACEAction ID #: SAW-2017-01918
Property of:
Dugger Valley Investment Group, LLC
Being all of a conservation easement area containing a total of 679.35 Acres, being the same more
or less, according to a series of plats of survey entitled "A Conservation Easement Survey for
Unique Places, LLC, Dugger Creek Site, USACE Action ID #: SAW-2017-01918", on the property of
Dugger Valley Investment Group, Job# 18081006(CE1). This description of land was prepared from
an actual survey performed under the supervision of Phillip B Kee, NC PLS (License # L-4647) and
shown on a plat of survey as recorded in Plat Book Pages_-_ of the Watauga County
Register of Deeds and Plat Book_ Pages II � - P� of the Wilkes County Register of Deeds, to
which reference should be made for a more complete description.
`and recorded in Plat Book IA , Pages Ig-D — i�A of the
Wilkes County Register of Deeds.