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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 Follow Up Flag: Flag for follow up Flag Status: Flagged CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an 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) BK 2060 PG 022 DOC# 684617 Bk 2060 P9 22 Doc No 684617 Kind EASE 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 BK 2060 PG 023 DOC# 684617 Bk 2060 Pg 23 Doc No 684617 Kind EASE 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, BK 2060 PG 024 DOC# 684617 ek 2060 Pg 24 Doc No 684617 Kind EASE 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 BK 2060 PG 025 DOC# 684617 Bk 2060 Pg 25 Doc No 684617 Kind EASE 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, BK 2060 PG 026 DOC# 684617 Bk 2060 Pg 26 Doc No 684617 Kind EASE 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. ek 2060 Pg 27 BK 2060 PG 027 DOC# 684617 Doc No 684617 Kind EASE 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 BK 2060 PG 028 DOC# 684617 Bk 2060 Pg 28 Doc No 684617 Kind EASE 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 BK 2060 PG 029 DOC# 684617 Bk 2060 Pg 29 Doc No 684617 Kind EASE 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. BK 2060 PG 030 DOC# 684617 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 BK 2060 PG 031 DOC# 684617 Bk 2060 Pg 31 Doc No 684617 Kind EASE 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► BK 2060 PG 032 DOC# 684617 Bk 2060 Pg 32 Doc No 684617 Kind EASE 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 BK 2060 PG 033 DOC# 684617 Bk 2060 Pg 33 f Doc No 684617 Kind EASE 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 BK 2060 PG 036 DOC# 684618 Bk 2060 Pg 36 Doc No 684618 Kind EASE 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. BK 2060 PG 037 DOC# 684618 Bk 2060 Pg 37 Doc No 664618 Kind EASE 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. BK 2060 PG 038 DOC# 684618 Bk 2060 Pg 38 Doc No 684618 Kind EASE 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. Bk 2060 Pg 39 Doc No 684618 Kind EASE BK 2060 PG 039 DOC# 684618 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. BK 2060 PG 040 DOC# 684618 Bk 2060 Pg 40 Doc No 684618 Kind EASE 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 BK 2060 PG 041 DOC# 684618 Bk 2060 Pg 41 Doc No 684618 Kind EASE 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): BK 2060 PG 042 DOC# 684618 Bk 2060 Pg 42 Doc No 684618 Kind EASE 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 BK 2060 PG 043 DOC# 684618 Bk 2060 Pg 43 Doc No 684618 Kind EASE 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. BK 2060 PG 044 DOC# 684618 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 BK 2060 PG 045 DOC# 684618 Bk 2060 Pg 45 Doc No 684618 Kind EASE 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� BK 2060 PG 046 DOC# 684618 Bk 2060 Pg 46 Doc No 684618 Kind EASE 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 Sk 2060 Pg 47 BK 2060 PG 047 DOC# 684618 Doc No 684618 Kind EASE 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.