HomeMy WebLinkAbout20191261 Ver 2_Recorded Conservation Easement (George Moore)_20200715ID#* 20191261 Version* 1
Select Reviewer:*
Katie Merritt
Initial Review Completed Date 07/15/2020
Mitigation Project Submittal - 7/15/2020
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Type of Mitigation Project:*
r Stream r Wetlands W Buffer V Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Ted Griffith
Project Information
...................................................................................
ID#:* 20191261
Existing IDY
Project Type:
Project Name:
County:
Email Address:*
ted@ecoterra.com
Version:
*1
Existing Version
r DMS r Mitigation Bank
Kittrell Hill Nutrient Offset and Buffer
Mitigation Bank
Pitt
Document Information
Mitigation Document Type:*
Mitigation Conservation Easement
File Upload: Recorded Conservation Easement Kittrell Hill
392.28K6
Mitigation Bank (George Moore).pdf
Rease upload only one RDF of the conplete file that needs to be subnitted...
Signature
Print Name:* Ted Griffith
Signature:*
RE:C i)Rr INC, REQVES'I'ED B)
ANV WHEN RFCORUED `.. �'
Startielcl & Snwhf
DcIia C. "I hrashcr. F.sq.
75 14"' St NE,
Alla[IW, Li:1
ti �111ii1111i�11titi 111i� 1111111111 �I1i111111111111f11� 111lllllllilllll�lilllllill
aac I0: 014733"0012 Type
Rer_Orded: 07/10/2020 at D4:27:26 FM
Fee Amt: $26.00 Page 1 of 12
R@Venue Tax: 10.00
Pitt CauntY, NC
Lisa P. Nichols REG OF DEEDS
$K3948 PG131-142
PERMANENT CONSERVATION EASEMENT
COUNTY OF PITT
STATE OF NORTH CAROLINA
Parcel number: 46394I2480
TIIIS ONS1:RVATION EASEMENT NT ("-Conser�,ation I asement") made this _
day of 1� -, 2020 by and between George E. Moore, [it and Janet I*Vrenn Moore
(collectiv cly, aCEr ntor ") and Southern Conservation -Crust, Inc., a Georgia non-profit
corporation [ Grantee"}.
The designation Grantor and Grantee as used herein shall include said parties, their iicirs,
successors and ass1,,ns, and shall include sin,ular, plural, rnasculine. ferninine or ntluter as required
by context.
RECITALS
W'IIEREAS, Grantor owns in fee simply certain real propetrty situated, lying and being in
Pitt County, North Carolina. more particularly described in inhibit A attached hireto and
incorporated herein (the "Property")',
WHE.RI.-'AS. Grantee is a charitable, not -for -profit or educational corporation_
association, or trust qualified tinnier § _50 i (c)(. 3) and 170 (li) of the Internal Reieriue Code, and
TN.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include one or more of the
purposes (a) - (d) iistetl below;
(a) retaining or protecting natural, Scenic, or open -space aspects of real property.
(b) cnsuring the availability of real property for recreational, educational, or open-
spacc Ilse:
(c) protecting natural resources;
�a
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ir
(d) rnaintainin,, or enlhancing air or %vaterquality.
%k f II REAS. (irantt)r acid Grantee reco,,riize the cc)tlservation. Sccrlic. natural. or aesthetic
value of the Property in its natural state, ,vhich incltuies the follokvin- natural communities:
riparian buffers. The Purp0Se of this Con-wrvation Fasernent is to maintain streams. wetlands
and riparian resotirces and other natural �altios of approximately I8.327 acres, more oi- lessand
t)ein more particularly described in Fxhihit H attached hereto and incorfiorated CLilly herein by
reference (the -Conservation Fasement Area"), and prevent the use or development of the
Conservation Easement Area for any purpose or in an%, rnaruwr that would conflict ,vith the
maintenance of its natural condition.
WHIR( .DNS_ the restoration, enhancement and preservation of the Conservation
Casement Area IS also a conditiotl of the approval of the Kittrcll Hill Riparian Buffer and
Nutrient Offset Miti,__ation Rankine, Instrument (MBI) and Batik Parcel Development Package
(13PDP) for the KitirelI Hill Riparian BLrflef and Nutrient Offset Mitivation Bank, North Carolina
Division of Water Resources (NCMVR) Project ID 1--2019-1261 v2. v, hick Nvas approved by the
NCD"'R. and w i t I be mad(: and entered loft] by and between I .co Terra Partners_ LL.C. actin, as
the Batik Sponsor. and the NC17WR. The KittreII hill Riparian Buffer and Nutrient Oftsrt Site
15 intended to he used to compensate for riparian buffer and nutrient impacts to stti-face waters.
'h`IILREAS_ Grantor and Grantee a(Trec that third -Dart`- rights of en#Orcernent shall ILL
held by the NCDWR ('-Third Parties'). and mare be exercised through the appropriate
enforcenient ai7enc1es of the UilItod States and the State of North Carolina. acid that these r1o11ts
are in adLlItioi) to, and do not 11rn1t the rights of ell fi0rccment under the NC:D%VR Prnlect II)
?{}19_1261or any permit or certificatini1 1SSLied by the Third Parties.
N,; 0%. "1-11LRI:F0RE, io r and in con s I d e- rati on of the covenants and representations
contained herein and for other good and v aluable consideration, the receipt anti legal suf ficIc11C
of which is herobv acknowled,,cd. Grantor- hereby unconditionaf fy and irrevocably grants and
conkeys unto Grantee. its heirs, successors and assigns. forc%er and in perpetuity a
Conservation E asement of the nattire and character and to the extent hereinafter set foilh, over
the ConserN ation Fasement ,area described on I=.xllihit B. toy=ether �� ith the rig )t to preser% e and
protect rile con sere ation vaIws thereof, as 1,0JIoi> s:
AKl ICLF, 1. 1)URATION OF hzkSEN1FNT
This Conservation Easement shall he perpetual. This Conservation Easement is an
easement in �'1170SS, runs with the land and is enforceable by Grantee auainst Grantor, Grantor's
persona representatives, llcirs. successors and ass iti,ns, lessees. a�,ents and licensees.
ARTICLE. 11.
PROIIIBITED AND RESTRICTED ACTIVITIES
.any activity on, or LiSc 0f. the COIIServat1on L'asenicnt Area 1ncons1stcnt with the purpose
of this Conservation Casement is prohibited. The Conservation [easement Area shall be
preserved in its natural condition and restricted from any development that would impair or
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interfere .v Ith the conservation values of the Conservation Easement Arc a.
«Vithout limiting the generality of the toregolma, the following activities and uses are
expressly prohibited, restricted or rcScrved as indicated hereunder:
A. Di;turhante of NaturaI Features. Any chan«e disturbance, aItcrat inli or impairment of
the natural features ofthe Conservation Fasement Area or any introduction oCnon-native plants
and: or animal species is prohibited.
B. Construction. -There shall he no constructing or placing of any building, mobile home,
aspltaIt or c:uncrote pav011)ow, 1)111board or ether advertising, display. antenna. utility pule, tower,
cundalt, line, bier, landing, dock or any other temporary or permanent Structure or facility on or
above the Conservation Easement .area..
C. Industrial. Commercial and residential Use_ IndrlStrial- residcntiai and,:or commercial
activities, including any rights o passage for such purposes are prohibited.
D. Agricultural. Gracing and Horticultural Use. Agricultural, grazing, animal
husbandry- and horticultural use of the Conservatiert Easement ,area are prohihited.
E. VQaetation. There shall be no rcmw al. bunting. &structlon, harming, cutting or
mnvv'ing of trees. shrubs. or other vetuctatlon in the Conservation Easement area except as
provided in the Bank Parcel ❑evelopment Plan. Mowing of invasive and herba::eous vegetation
for purposes of enhancing planted trees and shrubs approved in the BPDP is allowable once a
year for no more than tiv•c consecutive years from the date on page l of this Con."man'011
Easement. except where mowing will negatively W)IN'Ict ve;retation nr disturb soils. Mnvvingr
activities shall only be pertormed by [-co Terra Partners. LLC and Shall not violate any part ol'
Item L of Article 11,
F. Roads and Trails. -1 here Shall be no construction of roads- trails or walkways on the
Conservation Easement Area: nor enlai-ement or modification to existing roads, trails Or
walkways.
G. No signs shall he permitted on or over the Conservation Easement Area,
except the posting of no trespasSilttl sigltS, sins identif0m, the conservation values of the
Conservation Fasement Area. signs gi% ing directions or proscribing rules and regulations for the
use of the: Conservation Lasement Area and. err signs identifying the Granter as owner of the
Conservation Easement Area.
H. Dumpin+r or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles. appliances, machinery or ha7ardOLLS substances, or toxic or lwardouS waste,
or any piaceltttnt of tladcrgrottnd or ;�l ovCground storage tanks or other materials on the
Conservation Easement Area is prohibited.
I. 1--wavation_. Dredging car Mineral Use. There shall he no grading. tilling- excavation,
dredk,in. mining or drilling: no removal of topsail, ~and, gravel, rock.. peat, minerals or other
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materials. and net change III the topography of tl�e land in any manner on the Constryatioll
Easement Aria. except to restore natural topography or drainage patterns.
i. G�'atGr utility aid DrainavC Pattern. There shall be no diking, draining, dredgin�.Y.
Chanllclirtg, filling„ leVC11ing, pumping, impounding or related activities. or altcrin,—j or tamperin;
with water control Structures or devices, or disruption or alteration of the restored. enhancwd, or
addition, drainage patterns. In additio, Chverting or causing or permitting the diversion of surface
or tundergroulid water into, within or out or the easement area by any means, removal of
wetlands, polluting or dischar4-ing into waters, springy-s, steps. or wetlarids. or use of pesticide
or biocide" is prohibited.
K. Dc4 elopin�gi�hts. till develupl3�cnt rights that have been erleumbered or
extinguished by this Conservation I..asemcat shall be transferred pursuant to a transferable
dc` cIopmen t i-I hts schcnie or Cluster d0%CIOpIII ent arransreincnt or other« -Ise.
L. Vchicles. I'hc operation of mechanized vehicles, including, but not limited to.
rn otorcyc I e s, dirt bikes. all -terrain vehicles, ears and trucks is prohibited other than foI- temporary
or occasional access by Eco Terra Partners, LLC. its employees and agents, successors and
as,sI ns for purposes of constn.tctirig the riparian area:,. 3�or purposes of� tnaIrttaining and
mol�itr�l ir�gr tlje -V•egLlatioii Mthin riparian areas within the Conservation Eascnient Area.
only Small single -person vehicles may be used.
M. Other Prohibitions. Any other use of. or activity oil, the Conservation Easemcrit Area
which is or may bccorric inconsistent with the purposes of' this grant, the preservation of the
Conservation l.asement Area Substantially in its natural condition. or the protection of its
environmental systerns, is prohibited.
:ARTICLE III GRANTOR'S OR'S Rl' SFNrERED RIGHTS
The Grarltortxpl'cssly reserve~ for himself. his personal representati�-es. heirs, successors
ter assigns. the right to continue the use of the Conservation Eascmtnt Area for a]I purposes not
Inconsistent with this Conservation Easement, includin„ but not limited to, the to quiet
enjoyment of the Conscl, at [on EasemenI Area, the rights of 1ngretis and e-reti5. the right to hunt_
fish, and hike on the Conservation Easement Area, the right to sell. transfer. gift or otherwise
convey the C onstry atIon Easement Area, In whole oI- In part, provldcd such 4ale, transfer ter gift
conveyance IS subject to the terms of. and shall specifically reference. this Conservation
Easement.
Votwithstandin- the fore-oing Restrictions, Grantor reserves for Grantee. its successors
and assigns, including Eco Tel;ra Partners. LLC acting as the Bank Sponsor, the right to construct
and perform activities related to the restoration, enhancement, and preservation of streams, and
riparian areas within the Conservation Easement Area in accordance withthe approved BPDP.
and the M itigation Banking Instrument described in the Recitals of this Conservation East ment.
-XRTICLE IV. GRAI TEI,.'S RIG[ITS
The Grantee or its authori7-ed representatives_ successors and assigns. and tiC17WR, shall
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have the I- ,ht to enter the Property and Conserry atioil Easement Area at all reasonable times for
the purpose of inspectin.,; 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. I Co Tetra Partners.
LLC, and its authorized represeritativcs, successors and assigns, and NCDWR ,,hall also have
the ri ky ht to enter and ego upon the ConserN ation L aseirient .area for purposes of making scientific
or educational observations and ,tud1Qs, and taking samples. The casement ri4-(its (franted herein
do not ilie Iu& put) 11c access rights.
ARTICLF V 1 NFGRCLMEN'f AND REMEDIES
A. To accomplish the purposes of this basement. Grantee:, and the NCDWR are allowed to
prevent any activity on or use of the Conservation I asement :area that is inconsistent with
the purposes of this Casement and to require the restoration of such areas oar features of the
Conservation Ea4L'mew Arca that may be damaged by such activity or use. Upo}ri 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 suelI
breach. If the breach remains uncured after 30 clays, the Grantee may enforce this
Conservation Fascment 17y appropriate le -al proccedin,,s includin, darna,es. injunctive and
other relief. `
B. Notvv 1thstandIii the torc,oin�_,. the Grantee rrserves the immediate right, vv itho}ut notice,
to obtain a ternporary restraining order, injunctive or other appropriate rchefit the breach of
the terms of this Consery ation E asement is or %v0LLId irreversibly or otherwise materially
impair the benefits to be derived from this Conservation Easement. The Grantor and
Grantee acknovv lcd4,c that under such Circumstances darnage to the Grantee would he
irrepar-ahle and rermMfes at hiw it -ill he Madequate. The ri_ht5 and rcniodjes of rlie Grantee
provided hereunder shall he in addition to. and not in lieu of. all ether rights and remedies
available to Grantee in connection ) ith this Conservation Easement. The; costa of a breach,
Correction or restoration, includitiC'the Grantee's expenses, court costs. and attorneys' fee,,.
shall be paid by Grantor. provided Grantor is determined to be responsible for the breach.
The NCDWR shall ha,,c the same rights and privilegics as the said Grantee to entorce the
terms and conditions of this Conservation easenterit.
C. 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 pi-ovrston hereof
or affect the right to Grantee to enforce the same in the event of a subsequent breach or
default.
D. \Iothirig contained! in this Conservation Easemcttt shall he constracd to entitle Grantee to
bring any action against Grantor for any injury or chan4;e 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
anv prudent action taken in good faith by Grantor under ernergency conditions to prevent,
abate, or mitigate significant injury to 10'e, damage to property or hartiz to the Conservation
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I L�scrtteltt Area FOSS nn"f fron) Such causes.
ART1CLI' VI MISCELLANEOUS
V VF'arranty. Grantor wan'ants. col enants and represents that it owns the Property in tee
siIII ple, and that Grantor either own till interests iu the Property which may be impaired by
the granting of'thIs Consery ati(in Easement or that there are nu outstanding ntortvaLyes. tax
liens, cncumhrances, or other interests in the Property which have not been expressly
subordinated to this Conservation Easement. Grantor further warrants that Grantee Shall
ha,e the use ofarid en"oy all the benefits derived tram and ari.s1n4g otit ofthis Conservation
F asetatent. anti that Grantor v, ill warrant and defend title to the Property against the claims
of all persons.
R Subseclttent Transfers. The Grantor a,,,rees to inco r-porate the terms of this Censer, ation
Easetrtent i.n any deed or ether legal instrument that transfers any interest in all or a portion
of the C'onsery ation Ea,,cnicnt .area. The Granter agrees to provide v4 ritten notice of such
transfer at least sixty (60) days prior to the date of the trarisfe.r. The Grantor and Grantee
aore e that the terms ()f this Cotlsery Lit 1oil Easement shall survI\ e a n v merger of the tee and
casement interests in the Conservation 1-a5Lmint Area or any portion thereoCand shall not
be amended, modified or terminated Without the prior Written consent and approval of'thc
Corps.
C. _Zsslgnniez?t. 1 fat 1�artits rcco,,,zti7.c and a—orcc that the henef is of this Conservation
Easement Lire in -ross and assignable Provided, ho e, er that the Grantee hereby covenants
and a,rce5, that in the event it transfers or assigns this Conservation Easement. the
Or(Ta1117ation receiving the interest will be a qualified holder pursttant to 33 CFR 332.7
(a)(.l ). N.C. [Gen. Stat. 121-34 et sett, and 5 �01 (e)l 1 and § 1-10 (h) of the Intenial Revenue
Codc; and the Grantee further covenants and a rt cs that the teirns of the transfer or
assiLonlrtcnt will be such that the transferee or assignee will he required to continue in
perpetuity the conservation purposes described in this document.
17. Entirc A<rreement anct Scverability. The NfBf vv ith corresponding BFIR, and this
C onservatton Easement sets forth the entire a�,rcenic:tit ef7 the parties vv Ith res pcct to the
Cunselvation basermfrit and supersedes all prior d iscussions, nczgotiations, understandings
nr a'reernetits reIatiII to tllc Conservation Easement. Iftiiiv prov tsIon Is found to be �,oi(l
or unen forcca 1) 1 e by a court ofcompetent jurisdiction. the rentaincier shall continue in full
force; and effect.
E. Obli,-,ations of O ncrsl11 3. 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
oI-other cncunrbratic es for ob I i gati ons Inclit-red by Grantor. Grantee shall not he responsible
for any costs or liability of any kind related to the 01v11crs111p. QR!2 ire 111yurance; upkeep.
or maintenance of the Property. except as expressly provided herein. ;Nothing herein shall
relieve the Grantor oCthe obligation to comply vv ith federal, state or local laves, regulaticl[is
and permits that may apply to the exercise of the Reserved [tights.
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Y� Lolly-Telln :Managcment. If livestock, ospet'ations u111 be maintailled on the Propci-ty.
Granter is responsible for all long-term rrianaLgernent activities associated with fQneino to
ensure !restock clo not ha'e access to the Protected Property'. These activitIes, iIle IGdC the
maintenanec and.'or replacerntnit of ttno:c structures. as dce:nwd necessary by the Grantee,
to ensure the aquatic resource tunctions within the boundaries of tile Protected Property are
sustained.
G. E xtIMIUI511111011t. in the e%ent that chans?ed conditions render 1l7iposs1ble tIle continued use
of the Conservation Easement .area for the conservation pullioses. this Conser- atlOn
Easement may on[y be extisl�"uishCd. in whole or in part. by judicial pFocced''
IL E[IIFri ellt Do 111a[[1. W13eIte'. er alI or P7 in of the Cotusen atiorn Nsemen t Area is taken in the
excrc1so of eminent domain so as to substan ti a I 1v abrogate the Restrictiol[ls imposed by this
-Con arion L ascrrlcnt, Grantor and Grantee shall join in appropriake suctions at the time of
such takin1� to recover the full v aloe. of the taking, and all incidental and direct damages
due to the taki[l0.
1. Proceeds, -This Conseii'ation Fase[rlent constitutes a real prverty Interest immediately
vested In Grantee. In the e�v ent that all or a portion of the Conservation Easement Area i5
sold, exchanged. or involuntarily cnnyerted following an extinguishment or the exercise of
eminent dornairt, Grantee shall he entitled to the fair market Nalue of this Contieryatiun
Easement as determined at the time oftho cxtinguistumcnt or cenderllnatiorl.
J. Notification. Any notice, request for appro %al. or other Communication required underthis
Conservation Easement shall tie sent by re,:jstered or certified mail, pusta4se prepaid. to the
tnlltn�Ing addresses [or such address as may he hereafter specified by notice Pursuant to
t(1isparatgraph):
To Grantor:
E. Moore. III
Janet Wrenn Moore
9S8 Quail Run Quay:
Virginia Beach, V28, 11452
To Grantee:
Southern Conservation `Frost, Inc.
Attn: Katie Pace Quattlebaum. E.17.
30j Beaure card Blvd
Fayetteville, GA 30? 14
To Sponsor:
Eco Terra Partners, i_LC
I [ 17 PeaClltree Gig'afk, tNF, Ste 126
Atlanta, GA 30309
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To NC'DEQ -D1VR:
NCD! Q — 51N lsion of water Resources
401 & Buffer Permitting Branch
1 h I Mail Service Center
Raleivh, NC 2709-1601
K. Failure of Grantee. If at anN time Grantee is unable or fails to enforce this Conservation
Easement. or 1f Grantee ceases to he a quaIIticd grantee, and it'w1thIn a reasonable period
of tilde after the occurs once of one of these ownts Grantee tails to make an assignment pl_irsuant
to this Conservation Easement, tiled dic Grantee's I- riterest shall become i es red In another
quatitied grantee in accordancc with an appropriate proccedino in a court of compcttnt
junsdictioll.
L. Amendment. I I1f. [ (?174er1'at+on � c271 t21['I7I 117�1L't?E rillll'11LiL'El, but only in a wrl't1n.? signed by
all parties hereto, and prw,11td sueli amendment does not affect the qualification of this
ConserGation FLsetrient or the status of the Grantee under any applicable lags, and is
consistent %vith the conser�,atl,On purpoties ofthis ;rant.
M. Present Condition of the. Conservation l:asemcnt Area. The streams and riparian areas.
scenic. resource, environmental, and other natural characteristics of the Comm ation
F=.asement Area. and its current use and State of improvCill ent, are described in Section ?.?
of the BPDP, prepared by Eco Terra Partners, LLC and acknowledged by the Grantor and
Grantee to be complete and accurate a5 of the date hereof. Both Grantor and Grantee have
copies of this report. It will he used by the parties to assure that any iutiire Chan-Nes in the
use of the Conser�'ation Easement :`\rea will be Consistent the terms of tills
ConScr%at.ion h asement. IIowever, ill is report 1s not intendcd to preclude the vise of other
ev idCrice to cstabllsh the Preserlt Cc ndIifon of the ConSCrvatlon Fasemen t Area if alert is a
contro% ersv over its use,
To IIAVL AND 10 110LD the sa1d ri(llts and easements pci-1,etualIy unto Grantee for the
aforesaid purposes.
[Sig lulawe Y o the Gi•ct1I w, emd (ri- flwe iollowl
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l ti TI.:S'H-,\,10N Y Wl hf; IDF. seal.
the day and year first above Nvrittk:n.
GRANTOR:
I L- (SEAL)
GEOR E E. MOORE, III
JANET WnNN MOORE
STATE OF v 01
(SEAL)
COUNTY OF:
I,� �, �Gv� _ a Notary Public, in and for said County and State,
herebv certify that GEORGE E~ MOORE, III, and JANET WRENN MOORE, personal appeared
P l?la
before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and notarial seal, this the day of Ut U , 2020-
,`iti���R1 L P.4
-` NW ,
fit,•
REGISTRhT{ON
ti
755922
MY COMM EXPIRE$:
42n8;x021
(02974562v3 )
.O,q /'Z'
(Seal) NOTARY PUBLIC
My, commission expires: 0
9
Book: 3948 Page: 131 Page 9 of 12
GRANTEE:
SOUTHERN CONSERVATION TRUST, INC.,
a Georgia non-profit corporation
B _ ` SEAL)
Name: Katherine Pace Quattlebaum
Title: Executive Director
STATE OF GEO IA
COUNTY OF
I, � , a Notary Public, in and for said County and State,
hereby ertify that Executive Director of SOUTHERN
CONSERVATION TRUST, INC. personally appeared before me this day and acknowledged the
due execution of the foregoing instrument for the purposes therein expressed therein and in the
capacity indicated.
Witness my hand and notarial seal this the l day of
•'N�arq
h:m CO •
i�
(02974562v3 }
A,IW 2020.
My Commission Expires
10
Book: 3948 Page: 131 Page 10 of 12
LXHIBIT:A
1, F C-rAI- DESIZIPTION OF GRANTOR'S PROPERTY
Lyino and being in Bearer Darn Township, Pitt County, North Carolina. and BEGINNING at the
intersection of the center of afield road and the public roacl. and being the northwvest corner of
Tract No. 4 in the line of Tract No. 3, and runs thence the revQrsc: Gaffs oC Tract No. 3 along the
center of said public road as folIows: N. 16-15 WV 2.37 chains, IN. 25-50 W. 11.50 chains to the
northeast corner cif Tract No. 3 in the S. I I. Kittrell tine: thence with Kittrcli's line N1 63-30 E.
22-88 chains to a stake on the farm path and the begirining corner of Tract No. 4A: thence N ith the
revcrse call of Tract No. 4A alotl- a path or ditch S. 36-0(} L. _S.?� cllaiias to the Hit of a
Glitch_ and beinw the s0lithWest corner of Tnict No. 4A' th,nce with the revcrsc calls of Tract No.
4A as foIIows: N. 05-50 E 1 Q.4� chains, N. 59-33 E. 29,60 cl7ainS to Cuhb's line and the sotit hwest
comer of Tract No. 4A: thence Nvith Cubb's line S. 1-45 W. 17.1-0 chains to a stake in a woods
path: thence N. 56-43 W, 17.S8 chaliis to ate iron stake: thence S. 26-00 17.94 chains to ditch
tntersection and a corner of Tract Flo. 4. thence x` ith the 1iiie cif Tract No. 4 alon, saki dIt:;h N '16-
00 W. S.60 chalns to v,here afield road crosses said ditch, and hein, the northv,est corner of Tract
No. 4; thence along the center of said field mad and xith the litres ofTract No. 4 as fullo'Nfs: S. 45-
- {O W. 8.60 chains, S. 67-30 W, 17.00 chains to the BEGINNING. containini7 71.7 acres, more or
less. as shown on a neap n:iadc by 1. R. Burt, Rcti-lstcred Sw-Levor In October. 1944, and beiili!
Tract No- 5 in saki dig iston.
Reference is hereby rnade to deed recorded in Book H-24 at Pa47c 413, Book 14S2 at I'a-c 802
and Book 2456 at Pa—o 62S of the Pitt County Public Registi'y-
{02974562;v3 }
Book: 3948 Page: 131 Page 11 of 12
EXHIBIT B:
LEGAL DESCRIPTION OF C"ONSI,.RVATION EASEMENT
Be1,innim, at the POINT OF COWMENCEMEN f being, an eristinT.; iron pipe Nvith North Carolina
grid coordtnatcs NADS 3{201 1) N=68008 0 LISI-'T, E=243' 3?5.03 L SFT. C:1 =-999r494?5
thence with the eastern ri�,ht-of-xvav of Kittrell IIII 1 Road N21 - OY571"'W a distance of I5.0V to
the POINT AND PLACE OF BE GINNING:
the tic e runnin, from said POINT AND PLACE 0 F BEGINNING and contimil n4, with the eastern
ri,itt-of=Nkay of KittreII I I I I I Road tho 1oIlmn in�)-r cottrsCs and dJi i Mnces:
N21 3 03' 57-W a distance of 51)"50'to a computed point;
N23-, 23' 1 "W a distance of 52.36' to a computed point;
N 2S I Y 1 1 " �V a distance of S 1.17' to a co nputed point;
N�7:: 48' 34"IN' a distance of 50,42' to a computed print;
MW 02' 22"W a distance of i0 39' to a computed point:
N30' 54' 1S"W a distance of 53.17' to a computed point:
N31° 17' 17"W a distance o1'51,65' to a computed Po.1lit.
N 3 I ' 14' 21 "tip' a d1stancc of 2 I -41' to a coniputCd point:
thence leaviriu snid right-of-wav and runnin, N340 04' 06"E a disc-icc of 2' 1. 7 l' to a 5./S" rebar
N ith disc;
thence running N25 44' 12"GV a distance of 156.40' to a 5'8" rebar with disc;
thence run nin+, N7: 5 1 ' 57"W a distance o1' 246-51' to a 5. S" rebar with disc;
thence rt rumil, N 39`' �c8' 30"�� a dbtanc of �2-r8 3' to a 5'rS" reba3 lL'' disc:
thence run iiIng N600 02' 48"L a distance of 439,13' to a 5 K" rebar with disc;
thence runnin' S25" 19' 05"I'" a dIstan cc of 2)4L45' to a S:'t+" rebar «ith disc:
thence runnin-, N44 (}S' 22T a distance of 195-90' to a 5 S" rebar with disc:
thence runnin, N59 � �' 3 ;"E a distance of 257-93' to a 5 S" rebar v,"th disc:
thence runnlniz N54� 09' S 3"E a distance of 302.36' to a 5 S" rchar with disc:
thence runnin, S40 2(Y 0I " L a distance o1'451.20' to a 5 S" rebar w ith di Sc
thence runnin, S56 26' 25"�\" ,i distance of 54.73' to a 5: 8" rebar with disc:
thence running, 577= 54' 3 3"GG a distance of 110.06' to a 5 8" rebar with disc;
thence rtutnina S- _73' W)"W a distance oV260.57' to a 5 5" rebar Lk tth dcsc:
thence running S66 060 Ski"W a distance of 149.57' to a 5'8" rebar Nvitl7 disc:
thence runnin, S40," 09' 04'"W a distance of 447.53' to a 5/8" rebar with disc:
thence runninr, S34° 05' 36"%V a distance of 325.04' to a 5: S" rebar xvith disc_
thence running S35" 44' 01)"W a distance of 174,54' to a 5 ;S" rebar "ith disc:
thence ru111iin4 S65 - 280 571V a distance of 1 15.26' to a 5. S" rebar with disc bein.� the POINT
AND PLACE 01 BEGINNING, and bein J an area ruin-C particularly d"cribod as C'E AREA as
same is shown and more particularly described on the Conservation Easement Plat. recorded at
Deed Book Page . Pitt County. North Carolina records.
102974562;v3 }
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Book: 3948 Page: 131 Page 12 of 12