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HomeMy WebLinkAbout20190157 Ver 3_Easement and Plat Recorded_20201023ID#* 20190157 Version* 3 Select Reviewer:* Katie Merritt Initial Review Completed Date 10/23/2020 Mitigation Project Submittal - 10/23/2020 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:* Andrea Eckardt Project Information .................................................................................................................................................................. ID#:* 20190157 Existing IDY Project Type: r DMS r Mitigation Bank Project Name: Perry Hill II Bank County: Orange Document Information Email Address:* aeckardt@wildlandseng.com Version: *3 Existing Version Mitigation Document Type:* Mitigation Conservation Easement File Upload: Perry Hill II Easement and Plat Recorded.pdf 2.55MB Rease upload only one RDFcf the conplete file that needs to be subnitted... Signature Print Name:* Andrea Eckardt Signature:* (t WlrtlC RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, North Carolina 28203 IIIIIIIIII III'I'III III Doc No: 30031899 Recorded: 10/15/2020 03:36:55 PM Fee Amt: $38.00 Page 1 of 18 Excise Tax: $0.00 Oranqe County North Carolina m Mark Chilton, Register of Deeds ' " ' • %. liK 6684 PG 966 - 972 (18) SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this � � day of 2020 by and between Evelyn Jeanne Perry (unmarried), Mary Carolyn Bishop (widow), Judith Gail Perry Kadlac and spouse Gene E. Kadlac, ("Grantor") and Wildlands Holdings V, LLC, a North Carolina Limited Liability Company. (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 Orange County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property") and being a portion of the properties conveyed to the grantor by deed as recorded in Deed Book 4476 at Page 495 of the Orange County Registry, North Carolina (PIN 9865-08-1397); WHEREAS, Grantee is a 501(c)(3) North Carolina nonprofit corporation whose purpose is the conservation of the property and which is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.§ 121-35; BK 6684 PG 956 DOC# 30031899 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: unnamed tributaries and open field ditches to the Neuse River. The purpose of this Conservation Easement is to maintain riparian resources and other natural values of approximately 15.519 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 for any purpose or in any manner that would conflict with the maintenance in its natural condition. WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings V, LLC Perry Hill II Mitigation Banking Instrument (DWR #2019-0157v3). The Conservation Easement Area will be restored to a natural vegetated condition as provided in and specified in Perry Hill II Bank Parcel Development Package ("BPDP"). The Perry Hill It Mitigation Bank is intended to be used to compensate for unavoidable buffer impacts authorized by permits issued by the North Carolina Division of Water Resources (NCDWR) and to provide mitigation for nutrient offsets due to development (both existing and proposed) within restricted areas of the Neuse River Basin. Grantor and Grantee agree that third party rights of enforcement shall be held by the NCDWR and that these rights are in addition to, and do not limit the rights of the parties to the Mitigation Banking Instrument. 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 A, together with the right to preserve and protect the conservation values thereof, as follows. ARTICLE I. DURATION OF 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. BK 6684 PG 957 DOC# 30031899 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 right of passage for such purposes are prohibited in the Conservation Easement Area. 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 on the Conservation Easement Area, F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. Si na e. 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. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channelingI 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 Conservation 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 access for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as described in the BPDP. BK 6684 PG 958 DOC# 30031899 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 RESERVED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress 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, successors and assigns, and the Bank Sponsor, the right to construct a nutrient offset and riparian buffer mitigation bank within the Conservation Easement Area, in accordance with the Perry Hill 11 Bank Parcel Development Package approved in accordance with the Wildlands Holdings V Perry Hill II Mitigation Banking Instrument. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting said property 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 shall also have the right to enter and go upon the Property and the Conservation Easement Area for purposes of making scientific or educational observations and studies and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 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 term 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 BK 6684 PG 959 DOC# 30031899 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. NCDWR shall have the same right to enforce the terms and conditions of this easement as the Grantee. 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 Conservation Easement Area or harm to the Conservation Easement Area resulting from such causes. ARTICLE Vt MISCELLANEOUS A. Warran 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 to the Grantee of such transfer at least thirty (30) 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 NCDWR. C. Assienmant . 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 under N.C. Gen. Stat. § 121-34 et seq. 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. This instrument 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. BK 6684 PG 960 DOC# 30031899 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. 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. Extineuishment. 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. G. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise A 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. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this 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. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Conservation Easement Area unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Conservation Easement Area (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. 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• Evelyn Perry, Judy Kadlac, Mary Bishop 2623 Frank Perry Road Hillsborough, NC 27278 To Grantee: Wildlands Holdings V, LLC 1430 S. Mint Street Suite 104 Charlotte, NC 28203 Attn: Shawn Wilkerson Email: swilkerson@wildlandsene.com BK 6684 PG 961 DOC# 30031899 To NCDWR: NCDENR — Division of Water Resources 401 & Buffer Permitting Unit Attn: Nutrient Offset Banking Coordinator 1650 Mail Service Center Raleigh, NC 276994650 J. 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 upon approval by the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in 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. L. Present Condition of the Conservation Easement Area. a. Bank Parcel Development Plan. 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 2 of the Bank Parcel Development Package, dated August 2019, 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 the Bank Parcel Development Package. 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. b. Baseline Documentation Report. The characteristics of the Conservation Easement Area and the status of improvements and development shall be described in a Baseline Documentation Report the "Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline shall be acknowledged by the Grantee and the Grantor to be complete and accurate upon completion of the mitigation activities conducted in the Conservation Easement Area (close out date of the mitigation )roject). Both the Grantee and the Grantor will have copies of this report, and a copy will be retained in the Grantee's files. The Baseline will be used by the Grantee to assure that any future changes in the use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. BK 6684 PG 962 DOC# 30031899 11'4 TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: By: Eve Date: 1 � - La m-,104 (J By: Mary Carolyn Bishop By: Jud (SEAL) J SEAL) r of Attorney 41 By: �8 I�C�CI-�ez (SEAL) Gene E. Kadlac by Stuart Horne, Power of Attorney Date: �� /*4q— ;' IV do U BK 6684 PG 963 DOC# 30031899 NORTH CAROLINA COUNTY OF I��,�` yI 1, �Li//:!'S7/� (C� �P�a Notary Public in and for the County and State aforesaid, do hereby certify that Evelyn Jeanne Perry, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNFCC WHEREOF, I have hereunto set my hand and Notary Seal this the day of 2020. ivotary ruonc My commission expires: NORTH CAROLINA COUNTY OF I, � ��Ill� �s, a Notary Public in and for the County and hereby certify that Mary Carolyn Bishop, Grantor, personally appeared before acknowledged the execution of the foregoing instrument. IN WITNES WHEREOF, I have 2020e hereunto set my hand and Notary Seal this the Notary ruo+ic My commission expires: State aforesaid, do me this day and day of BK 6684 PG 964 DOC# 30031899 NORTH CAROLINA COUNTY OF OLLU ?�1 I, 6- C%(//DSO/115S Notary Public in and for the County and State aforesaid, do hereby certify that Stuart Horne personally appeared before me this day acknowledging that he, as Power A Attorney, being authorized to do so, executed of the foregoing on behalf of Judith Gail Perry Kadlac and Gene E. Kadlac. IN WITN S WHEREOF, I have DPI .2020. ,ojAR, O, A U B ,GE COV "Jill I wW hereunto set my hand and Notary Seal this the day of Notary Public My commission expires: �� ,5�z-S�- BK 6684 PG 965 DOC# 30031899 IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. GRANTEE: Wildlands Holdings V, LLC, a North Carolina limited liability company By: ArLr ' (SEAL) ShaviA D. Wilkerson, President, Wildlands Engineering, Inc., Managing Member of Wildlands Holdings /it LLC Date: NORTH CAROLINA COUNTYOF /'ieGk����'�r''1 I, �.7�7C�'} (mil', �va Notary Public in and for the County and State aforesaid, do hereby certify that Shawn D. 7 Wkerson personally appeared before me this day and acknowledged that he is President of Wildlands Engineering Inc, a North Carolina limited liability corporation, and that Wildlands Engineering Inc. is the managing member of Wildlands Holdings V. LLC. He, as President of Wildlands Engineering, Inc. managing member of Wildlands Holdings V, LLC being authorized to do so, executed the foregoing on behalf of Wildlands Holdings VI, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the /.3 16 day of �G•�Jrr .20,i0_ ROBERT W • Buc�� NOTARY PUCBO I � Mecklenburg North Carolina rvu�ary ruun� My commission expires: BK 6684 PG 966 DOC# 30031899 EXHIBIT A Parcels ��t • �� Project Parcels /00 8 This map Is not a eertMed survey and has not been reviewed by a local government agency for compliance with any applicable land development regulation and has not been reviewed for compliance wtih recording requirements for plats. Exhibit A W I L D L A N D S 0 450 900 Feet � Perry Hill II E N G i N E E R I N c I i i i 1 Riparian Buffer and Nutrient Offset Bank Parcel Neuse River Basin 03020201(Falls Lake) Orange County, NC BK 6684 PG 967 DOC# 30031899 EXHIBIT B A Conservation Easement for Wild/ands Engineering, Inc., "Perry Hill 11 Mitigation Site" Property of Evelyn J Perry ETAL, Mary C. P. Bishop, and Judith G. P. Kadlac. DWR #2019-01570 The following conservation easement area is located off of Frank Perry Road, SR#1379, within the Hillsborough Township, Orange County, North Carolina and being on a portion of property conveyed to Evelyn Jeanne Perry, Mary Carolyn Perry Bishop and Judith Gail Perry Kadlac through Deed Book 4476 Page 495 of the Orange County Register of Deeds, and being more particularly described as follows (all bearings are grid bearings and all distances are grid distances (SF:0.9998347): Conservation Easement Area 1: Beginning at a 5/8" rebar with a CE CAP (CORNER 35), said rebar located at a bearing of N77005'04"W at a distance of 557.52 feet from existing 1" open top pipe on a common line of Deed Book 4476 Page 495 and Deed Book 5242 page 402 of the Orange County Register of Deeds, said 1" open top pipe bears the North Carolina State Plane Coordinates (2011) of Northing: 857,209.63 feet and Easting: 1,960,863.63 feet (SF6 0.9998347); Thence turning and running along the line and with the conservation easement area the following courses and distances: (CE53) N 77° 40' 46" W a distance of 94.21 feet to a 5/8" rebar set with a CE CAP (CORNER 50); (CE54) N 26° 22 31 E a distance of 158.37 feet to a 5/8" rebar set with a CE CAP (CORNER 51), (CE55) N 13° 35' 58" W a distance of 263.29 feet to a 5/8" rebar set with a CE CAP (CORNER 52). (CE56) N 250 42' 05" E a distance of 51.17 feet to an existing 5/8" rebar with a CE CAP (CORNER 38). (L4) S 310 43' 22" E a distance of 175.76 feet to an existing 5/8" rebar with a CE CAP (CORNER 37); (L3) S 130 51' 46" E a distance of 169.29 feet to an existing 5/8" rebar with a CE CAP (CORNER 36). (L2) S 250 29' 16" W a distance of 166.32 feet to a 5/8"rebar with a CE CAP (CORNER 35); said corner being the point of beginning of Conservation Easement Area 1, containing 37,337.92 square feet (0.857 acres) more or less. Conservation Easement Area 2: Beginning at a 5/8" rebar set with a CE CAP (CORNER 39), said rebar located at a bearing of 425°42'03"E at a distance of 218.75 feet (L5) from an existing 5/8"rebar with a CE CAP (CORNER 38), said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 857,870.73 feet and Easting:1,960,897.09 feet (SF: 0.9998347); Thence turning and running along the line and with the conservation easement area the following courses and distances: (CE57) N 250 42' 01" E a distance of 31.76 feet to a 5/8" rebar set with a CE CAP (CORNER 53); (CE58) S 47° 46' S6" E a distance of 358.12 feet to a 5/8" rebar set with a CE CAP (CORNER 54); (CE59) N 320 21' 47" E a distance of 325.36 feet to a 5/8" rebar set with a CE CAP (CORNER 55). (CE60) N 54° 52' 29" E a distance of 131.72 feet to a 5/8" rebar set with a CE CAP (CORNER 56); BK 6684 PG 968 DOC# 30031899 (CE61) S 86° 38 30 E a distance of 73.78 feet to a 5/8" rebar set with a CE CAP (CORNER 57); (CE62) N 600 27' 45" E a distance of 105.84 feet to a 5/8" rebar set with a CE CAP (CORNER 58). (CE63) N 250 34' 24" E a distance of 114.88 feet to a 5/8" rebar set with a CE CAP (CORNER 59); (CE64) N 549 52' 27" E a distance of 31.69 feet to a 5/8" rebar set with a CE CAP (CORNER 60); (CE65) S 310 51' 31" E a distance of 101.02 feet to an existing 5/8" rebar with a CE CAP (CORNER 44); (L10) S 57° 44' 42" W a distance of 366.35 feet to an existing 5/8" rebar with a CE CAP (CORNER 43). (L9) S 330 09' 52" W a distance of 537.98 feet to an existing 5/8" rebar with a CE CAP (CORNER 42); (L8) N 200 33' 28" W a distance of 190.42 feet to an existing 5/8" rebar with a CE CAP (CORNER 41); (L7) N 30° 35' 53" W a distance of 184.08 feet to an existing 5/8" rebar with a CE CAP (CORNER 40). (L6) N 460 20' 45" W a distance of 125.47 feet to an existing 5/8" rebar set with a CE CAP (CORNER 39); said corner being the point of beginning Conservation Easement Area 2, containing 93,763.76 square feet (2.153 acres) more or less. Conservation Easement Area 3: Beginning at an existing 5/8" rebar with a CE CAP (CORNER 45), said rebar located at a bearing of 457044'42"E at a distance of 60.00 feet (L11) from an existing 5/8"rebar with a CE CAP (CORNER 44), said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 858,125.26 feet and Fasting: 1,961,803.29 feet (SF:0.9998347); Thence turning and running along the line and with the conservation easement area the following courses and distances. (CE66) N 31° 51' 31" W a distance of 104.03 feet to a 5/8" rebar set with a CE CAP (CORNER 61); (CE67) N 540 52' 28" E a distance of 30.42 feet to a 5/8" rebar set with a CE CAP (CORNER 62); (CE68) N 290 59' 55" E a distance of 263.30 feet to a 5/8" rebar set with a CE CAP (CORNER 63); (CE69) N 210 48' 03" W a distance of 279.32 feet to a 5/8" rebar set with a CE CAP (CORNER 64), (CE70) N 31° 23' 57" W a distance of 292.21 feet to a 5/8" rebar set with a CE CAP (CORNER 65); (CE71) N 390 36' 22" W a distance of 255.21 feet to a 5/8" rebar set with a CE CAP (CORNER 66), (CE72) N 110 42' 00" E a distance of 234.95 feet to a 5/8" rebar set with a CE CAP (CORNER 67); (L16) S 080 50' 22" E a distance of 150.76 feet to an existing 5/8" rebar with a CE CAP (CORNER 49); (L15) S 350 39' 53" E a distance of 554.34 feet to an existing 5/8" rebar with a CE CAP (CORNER 48); (L14) S 240 58' 13" E a distance of 367.49 feet to an existing 5/8" rebar with a CE CAP (CORNER 47); (L13) S 320 28' 41" W a distance of 377.23 feet to an existing 5/8" rebar with a CE CAP (CORNER 46); (L12) S 570 44' 42" W a distance of 34.92 feet to an existing 5/8" rebar with a CE CAP (CORNER45); said corner being the point of beginning Conservation Easement Area 3, containing 132,281.28 square feet (3.037 acres) more or less. Conservation Easement Area 4: Beginning at a 5/8" rebar set with a CE CAP (CORNER 68), said rebar located at a bearing of N01057'25"W at a distance of 117.96 feet (L28) from an existing 5/8"rebar with a CE CAP (CORNER 11), said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 859,034.54 feet and Easting: 1,962,305.05 feet (SF:0.9998347); Thence turning and running along the line and with the conservation easement area the following courses and distances: (CE73) N 850 11' 43" W a distance of 94.79 feet to a 5/8" rebar set with a CE CAP (CORNER 69); (CE74) N 11° 36' 48" W a distance of 154.66 feet to a 5/8" rebar set with a CE CAP (CORNER 70); BK 6684 PG 969 DOC# 30031899 (CE75) N 35° 52 08 W a distance of 281.25 feet to a 5/8" rebar set with a CE CAP (CORNER 71); (CE76) N 35° 52' 08" W a distance of 101.78 feet to a 5/8" rebar set with a CE CAP (CORNER 72); (CE77) N 56° 45' 59" E a distance of 113.11 feet to an existing 5/8" rebar with a CE CAP (CORNER 14); (L31) S 340 14' 16" E a distance of 391.20 feet to an existing 5/8" rebar with a CE CAP (CORNER 13); (L30) S 12° 21' 05" E a distance of 156.11 feet to an existing 5/8" rebar with a CE CAP (CORNER 12); (L29) S 01° 57' 23" E a distance of 55.95 feet to an existing 5/8" rebar with a CE CAP (CORNER 68); said corner being the point of beginning Conservation Easement Area 4, containing 59,721.48 square feet (1.371 acres) more or less. BK 6684 PG 970 DOC# 30031899 Conservation Easement Area 5: Beginning at an existing 5/8" rebar with a CE CAP (CORNER 15), said rebar located at a bearing of N56045'58"E at a distance of 176.06 feet (L32) from an existing 5/8"rebar with a CE CAP (CORNER 14), said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 859,662.85 feet and Easting: 1,962,196.91 feet (SF:0.9998347); Thence turning and running along the line and with the conservation easement area the following courses and distances: (CE78) N 56° 45' S8"W a distance of 104.46 feet to a 5/8" rebar set with a CE CAP (CORNER 73); (CE79) S 370 16' 12"W a distance of 452.39 feet to a 5/8" rebar set with a CE CAP (CORNER 74); (CE80) S 08° 02' 50"W a distance of 276.39 feet to an existing 5/8" rebar with a CE CAP (CORNER 17); (L34) N 10° 43' 03"E a distance of 225.21 feet to an existing 5/8" rebar with a CE CAP (CORNER 16); (L33) N 380 19' 41"W a distance of 452.72 feet to an existing 5/8" rebar with a CE CAP (CORNER 15). said corner being the point of beginning of Conservation Easement Area 5, containing 55,243.09 square feet (1.268 acres) more or less. Conservation Easement Area 6: Beginning at a 5/8" rebar set with a CE CAP (CORNER 75), said rebar located at a bearing of N33022'14"E at a distance of 121.54 feet (L38) from an existing 5/8"rebar with a CE CAP (CORNER 20), said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 859,132.19 feet and Easting: 1,962,625.50 feet (SF:0.9998347); Thence turning and running along the line and with the conservation easement area the following courses and distances: (CE81) N 16° 07' 05" E a distance of 423.81 feet to a 5/8" rebar set with a CE CAP (CORNER 76); (UK) S 75° 13 22 E a distance of 123.16 feet to an existing 5/8" rebar with a CE CAP (CORNER 23); (L41) S 32° 04' 31" W a distance of 380.41 feet to an existing 5/8" rebar with a CE CAP (CORNER 22); (L40) S 320 46' 02" W a distance of 35.02 feet to an existing 5/8" rebar with a CE CAP (CORNER21); (L39) S 330 22' 20" W a distance of 28.68 feet to a 5/8" rebar set with a CE CAP (CORNER 75); said corner being the point of beginning of Conservation Easement Area 6, containing 26,299,17 square feet 0.604 acres) more or less. Conservation Easement Area 7: Beginning at an existing 5/8" rebar set with a CE CAP (CORNER 24), said rebar located at a bearing of S75027'33"E at a distance of 145.01 feet (L42) from an existing 5/8"rebar with a CE CAP (CORNER 23), said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 859,471.52 feet and Easting: 1,963,002.60 feet (SF:0.9998347); Thence turning and running along the line and with the conservation easement area the following courses and distances: (CE83) S 75° 27' 33" E a distance of 125.71 feet to a 5/8" rebar set with a CE CAP (CORNER 77); (CE84) 518° 34' 03" W a distance of 183.87 feet to a 5/8" rebar set with a CE CAP (CORNER 78); (CE85) S 18° 34' 03" W a distance of 128.97 feet to a 5/8" rebar set with a CE CAP (CORNER 79); (CE86) S 400 12' 35" W a distance of 263.54 feet to a 5/8" rebar set with a CE CAP (CORNER 80); (CE87) S 830 56' 13" W a distance of 142.84 feet to a 5/8" rebar set with a CE CAP (CORNER 81); (CE88) N 56° 01' 22" W a distance of 1.20 feet to an existing 5/8" rebar with a CE CAP (CORNER 26); (L44) N 350 59' 08" E a distance of 467.15 feet to an existing 5/8" rebar with a CE CAP (CORNER 25); BK 6684 PG 971 DOC# 30031899 (L43) N 05° 43 31 E a distance of 166.62 feet to an existing 5/8" rebar with a CE CAP (CORNER 24); said corner being the point of beginning of Conservation Easement Area 7, containing 66,982.92 square feet (1.538 acres) more or less. Conservation Easement Area 8: Beginning at an existing 5/8" rebar set with a CE CAP (CORNER 27), said rebar located at a bearing of S35°59'08"W at a distance of 60.04 feet (L45) from an existing 5/8"rebar with a CE CAP (CORNER 26), said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 858,879.15 feet and Easting: 1,962,676.21 feet (SF:0.9998347); Thence turning and running along the line and with the conservation easement area the following courses and distances: (CE89) S 56° 01' S7" E for a distance of 18.66 feet to a 5/8" rebar set with a CE CAP (CORNER 82); (CE90) N 850 34' 04" E for a distance of 108.16 feet to a 5/8" rebar set with a CE CAP (CORNER 83). (CE91) S 400 12' 35" W for a distance of 8.53 feet to a 5/8" rebar set with a CE CAP (CORNER 84); (CE92) S 330 53' 59" W for a distance of 65.27 feet to a 5/8" rebar set with a CE CAP (CORNER 85). (CE93) S 37° 37' 38" W for a distance of 680.97 feet to a 5/8" rebar set with a CE CAP (CORNER 86); (CE94) S 37° 03' 38" W for a distance of 477.50 feet to a 5/8" rebar set with a CE CAP (CORNER 87); (CE95) S 600 20' 22" W for a distance of 92.10 feet to a 5/8" rebar set with a CE CAP (CORNER 88); (CE96) N 310 51' 29" W a distance of 90.02 feet to an existing 5/8" rebar with a CE CAP (CORNER 30). (L48) N 540 22' 20" E for a distance of 70.10 feet to an existing 5/8" rebar with a CE CAP (CORNER 29); (L47) N 38° 52' 58" E for a distance of 493.88 feet to an existing 5/8" rebar with a CE CAP (CORNER 28); (L46) N 350 59' 08" E for a distance of 651.24 feet to an existing 5/8" rebar with a CE CAP (CORNER 27); said corner being the point of beginning of Conservation Easement Area 8, containing 117,547.63 square feet (2.699 acres) more or less. Conservation Easement Area 9: Beginning at an existing 5/8" rebar set with a CE CAP (CORNER 31), said rebar located at a bearing of S54022'20"W at a distance of 60.13 feet (L49) from an existing 5/8"rebar with a CE CAP (CORNER 30), said corner bears the North Carolina State Plane Coordinates (2011) of Northing: 857,891.88 feet and Easting: 1,961,877.68 feet (SF:0.9998347); Thence turning and running along the line and with the conservation easement area the following courses and distances: (CE97) S 31° 51' 29" E for a distance of 83.76 feet to a 5/8" rebar set with a CE CAP (CORNER 89); (CE98) S 60° 20' 22" W for a distance of 4.74 to a 5/8" rebar set with a CE CAP (CORNER 90); (CE99) S 550 14' 37" W for a distance of 344.37 feet to a 5/8" rebar set with a CE CAP (CORNER 91). (CE100) S 27° 23' 27" W for a distance of 322.23 feet to a 5/8" rebar set with a CE CAP (CORNER 92); (CE101) S 430 45' 48" W for a distance of 300.48 feet to a 5/8" rebar set with a CE CAP (CORNER 93); (CE102) N 770 40' 46" W a distance of 127.14 feet to an existing 5/8" rebar with a CE CAP (CORNER 34); (L52) N 49° 11' 08" E for a distance of 323.89 feet to an existing 5/8" rebar with a CE CAP (CORNER 33); 17 BK 6684 PG 972 DOC# 30031899 (L51) N 27° 35 17 E for a distance of 345.47 feet to an existing 5/8" rebar with a CE CAP (CORNER 32); (L50) N 540 22' 20" E for a distance of 391.23 feet to an existing 5/8" rebar with a CE CAP (CORNER 31); said corner being the point of beginning of Conservation Easement Area 9, containing 86,838.64 square feet (1.994 acres) more or less. 1 of 3 2 of 3 3 of 3