HomeMy WebLinkAbout20110720 Ver 3_Conservation Easements_20130410I1 -DI10
LETTER OF TRANSMITTAL
909 Capability Drive, Suite 3100
Raleigh, NC 27606
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Owings Mills, MD 21117
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Oak Hill, Wv 25901
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3044654302 — FAX
TO: Division of Water Quality DATE: April 9, 2013
1650 Mall Service Center
Raleigh, NC 27699 -1650 RE: Conservation Easement for Ezell Bank Site
ATTN: Katie Merritt
We are sending via:
The following items:
F] Overnight ❑ Regular Mail Pick -Up Hand Delivered
❑ Correspondence ❑ Plans Specifications Other as listed below:
COPIES
DATE
NO.
DESCRIPTION
1
4/9/13
Conservation Easement for Ezell Bank Site
1
4/9/13
Final Plat for Ezell Bank Site
1
4/9/13
Title Insurance for Ezell Bank S'te
1WW NZ?
�'�gh
R10 ft,
These are transmitted as checked below:
0 For Approval ❑ As Requested
. For Your Use ❑ For Review and Comment
Approved as Submitted
❑ Approved as Noted
b6bb,-
❑ Returned for Corrections
F] For Your Signature
Please find enclosed the Conservation Easement, Final Plat, and Title Insurance for the Ezell Bank
Site.
Thank you,
Cara Nelson
COPY TO: Norton Webster SIGNED:
Ely Perry
Prepared by and return to:
Ashley L. Warner, Attorney
P.O. Drawer 1475
Kinston, NC 28503 -1475
NORTH CAROLINA
GRANVILLE COUNTY
Doc r0: 002738820003 Type: CRP
Recorded: 03 /28/2013 at 04.32:37 PM
Fee Amt: $28.00 Page i of 8
Granville County NC
Kathy M. Adcock Aep of Deeds
sK 1464 PG342 -344
Parcel Nos.: 183500261043;
183500255145;183500166814;
183500156027.
Revenue Stamps: 0.00
Property is not Grantor's Primary
Residence
No Title Search was requested of or
performed by the drafting attorney.
Attorney makes no warranty as to
the status of the title of the property.
RELEASE DEED
THIS RELEASE DEED made and entered into this Aday of March,
2013, by and between NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC.,
a Non -Profit North Carolina Corporation with its principal office located at 300 North Greens
Street, Greensboro, NC 27429 ( "Grantor') and WILLIAM BRUCE HOWERTON, JR. and
wife, LAURA HOWERTON, individuals presently of 3209 Mossy Ridge Court, Raleigh, NC
27613 C!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.
WITNESSETH:
WHEREAS, Grantor received a conservation easement interest over the
hereinafter described property by instrument recorded in Deed Book 1438, Page 302,
Granville County RegisW,
WHEREAS, Grantee has since become the record owner of the burdened
property by deed recorded in Deed Book 1439, Page 755, Granville County Registry;
WHEREAS, Grantor has requested changes be made to the above
referenced easement deed and Grantee has agreed to said changes; and
WHEREAS, Grantor hereby executes this document to release any and all
interest received by Grantor in the hereinafter described property so that Grantee may
execute a new Conservation Easement agreement with the requested changes;
THEREFORE, The Grantor, in consideration of ONE DOLLAR ($1.00)
and other valuable considerations to it paid by the Grantee, the receipt of which is hereby
acknowledged, has remised and released, and by these presents does remise, release, and
forever quitclaim unto Grantee any and all its interest and rights in the hereinafter
described tract or parcel of land located in Granville County, North Carolina, and being
more particularly described as follows:
BEING ALL THAT PROPERTY described in deed by James Douglas Ezell to William
Bruce Howerton, Jr., and wife, Laura Howerton, dated the 27h day of August, 2012, and
registered on the 31' day of August, 2012 in Deed Book 1439, Page 755 -758, Granville
County Registry.
FOR GRANTEE TO HAVE AND TO HOLD aforesaid tract or parcel of land
together with all privileges and appurtenances thereto belonging to Grantee, his heirs and
assigns, free and discharged from all right, title, claim or interest of said Grantor or
anyone claiming by, through, or under Grantor in fee simple forever.
Remainder of Page Intentionally Left Blank
IN TESTIMONY WHEREOF, the Granwhas caused this instrument to be signed by its
(k S 1,Y'y✓ and its seal duly affixed, all by authority given, the day and year
first above written.
NORTH CAROLINA WILDLIFE HABITAT
FOUNDATION, INC.
BY: &,ALI
NORTH CAROLINA
COUNTY OF i 0
I, , a Notary Public in and for the County and State aforesaid, do
hereby certify that Granta personally appeared
before me this day and acknowledged that he/she is the )7f,2 sid'y,/n of North
Carolina Wildlife Habitat Foundation, Inc., a North Carolina non -profit corporation, 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 f day of
of ' , 2013.
U PUUCIY F. PERM"
Notary Public. North Caroline
Davidson County es�
my Comm 2 j - ---,7 l
My commission expires: Z •3 /-12 ai L/
4"
0oe ID: 002786690011 Type: CRP
Recorded: 09/26/20ta at 04:84:47 PM
Fee Amt: $26.00 Page 1 of 11
Revenue Tax: $0.00
Orenv111e County, NO
Kathy M. Adcock. Rep of Deeds
6K 1464 po345 -355
PREPARED BY AND RETURN TO:
Ashley L. Warner
PO Drawer 1475
Kinston, NC 28503 -1475
STATE OF NORTH CAROLINA PERMANENT CONSERVATION
EASEMENT
COUNTY OF GRANVILLE
THIS CONSERVATION EASEMENT ("Conservation Easemenfj made this day of March,
2013, by and between WILLIAM BRUCE HOWERTON, JR. and wife, LA HOWERTON,
3209 Mossy Ridge Court, Raleigh, NC 27613 ( "Grantor') and NORTH CAROLINA WILDLIFE
HABITAT FOUNDATION, a Non -Profit North Carolina Corporation with its principal office
located at 300 North Greens Street, Greensboro, NC 27429 ( "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 AND DECLARATIONS
WHEREAS, James Douglas Ezell granted Grantee a conservation easement, being the same
conservation easement as shown on plat recorded in Plat Book 41, Pages 47 et seq., through
easement deed registered in Book 1438, Pages 302 -312, Granville County Registry ( "Deed);
WHEREAS, James Douglas Ezell subsequently transfmred the underlying property described in
Exhibit A to the Deed to Grantor through deed registered in Deed Book 1439, Pages 755 -758,
Granville County Registry;
WHEREAS, Grantee requested modifications be made to the Deed and Grantor has agreed to said
modifications in exchange for revision of the easement area;
WHEREAS, Grantee has previously quitclaimed unto Grantor any and all interest it may have from
the ' �rje,vious Deed in the property described in Exhibit A attached hereto by deed registered in Book
jy , Page '191- , Granville County Registry;
v)
WHEREAS, Grantor, as current land owner, subsequently hereby grants this Conservation Easement
to Grantee;
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Granville
County, North Carolina and being more particularly described in Exhibit A attached hereto and
incorporated herein (hereinafter referred to as the "Property ");
WHEREAS, Grantee is a nonprofit corporation whose purpose is the conservation of property, and is
qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121 -35;
WHEREAS, the purpose of this Conservation Easement is to create and maintain riparian resources
and other natural values on a portion of the Property, consisting of approximately 26.98 Acres and
being more particularly described in Exhibit B (hereinafter referred to as the "Conservation Easement
Property"), and prevent the use or development of the Conservation Easement Property for any
purpose or in any manner that would be in conflict with the creation and maintenance of the
Conservation Easement Property in accordance with this Conservation Easement. The creation,
restoration and preservation of the Conservation Easement Property is a condition of the approval of
the inclusion of the Conservation Easement Property in the "Ezell Bank Site Proposed Neuse
Riparian Buffer & Nutrient Mitigation Site, Granville County, NC, Bank Parcel Development
Package" dated July 23, 2012 ("Ezell Bank Site) which was approved by the North Carolina
Department of Environment and Natural Resources — Division of Water Quality ( "DWQ'j, and this
Conservation Easement may therefore be enforced by the State ofNorth Carolina; and
WHEREAS, the preservation of the Conservation Easement Property is required by the Upper Neuse
Riparian Buffer and Nutrient Offset Umbrella Mitigation Banking Instrument, made and entered into
by and between Environmental Banc & Exchange, LLC, acting as the Bank Sponsor, and the North
Carolina Department of Environment and Natural Resources- Division of Water Quality ("DWQ').
The Ezell Bank Site is intended to be used to compensate for unavoidable riparian buffer and nutrient
impacts.
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 over the
Conservation Easement Property, of the nature and character and to the extent hereinafter set forth,
over a portion of the Property, together with the right to create, preserve and protect the conservation
values thereof; as follows:
ARTICLE 1.
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 11.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use o£ the Conservation Easement Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Conservation Easement Property shall be created and
preserved in its created and natural condition and restricted from any development that would impair
or interfere with the conservation values of the Conservation Easement Property.
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 Property or any introduction of non -native
plants and 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 Property.
C. Industrial. Commercial and Residential Use. Industrial, residential and commercial activities,
including any right of passage for such purposes is prohibited.
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Conservation Easement Property 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 Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Conservation Easement Property; nor enlargement or modification to existing roads, trails or
walkways.
G. S' a e. No signs shall be permitted on or over the Conservation Easement Property, except
the posting of no trespassing signs, signs identifying the conservation values of the
Conservation Easement Property, signs giving directions or proscribing rules and regulations
for the use of the Conservation Easement Property and signs identifying the Grantor as owner
of the Conservation Easement Property.
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 above ground storage tanks or other materials on the
Conservation Easement Property 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 Property, except to restore natural topography or drainage patterns.
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 Conservation Easement
Property 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, can and trucks is prohibited above, on or over the
Conservation Easement Property other than for temporary or occasional access for purposes
of maintaining the easement area.
M. Other Prohibitions. Any other use of or activity on, the Conservation Easement Property
which is or may become inconsistent with the purposes of this grant, the preservation of the
Conservation Easement Property substantially in its natural or created condition, or the
protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for themselves, their personal representatives, heirs, successors or
assigns, the right to continue the use of the Property for all purposes not inconsistent with this
Conservation Easement, including, but not limited to, the right to quiet enjoyment of the
Conservation Easement Property, the rights of ingress and egress, the right to hunt, fish, and hike on
the Conservation Easement Property, the right to sell, transfer, gift or otherwise convey the
Conservation Easement Property, in whole or in part, provided such sale, transfer or gift conveyance
is subject to the terms o& and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing restrictions, Grantor reserves for Environmental Banc & Exchange,
LLC, as Bank Sponsor, its successors and assigns, (i) the right to construct, monitor and maintain a
mitigation bank on the Conservation Easement Property and (ii) the right to any and all mitigation
credits derived from the Conservation Easement Property.
ARTICLE IV
GRANTEE'S RIGHTS
A. s. Egress. and Rem The Grantee, its employees and agents, successors and assigns,
and the DWQ shall have a perpetual right of general ingress, egress and regress over the
Property at reasonable times to undertake any activities to create, restore, manage, maintain,
enhance and monitor the wetland and riparian resources of the Conservation Easement
Property in accordance with restoration activities or a long-term management plan. Unless
otherwise specified in this Conservation Easement, the rights granted herein do not include or
establish for the public any access rights.
B. Right to Inspect. Observe and Study The Grantee or its authorized representatives,
successors and assigns and the DWQ shall have the right to enter the Conservation Easement
Property at all reasonable times for the purpose of inspecting the Conservation Easement
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
Conservation Easement Property 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 Easement, Grantee is allowed to prevent any activity on
or use of the Conservation Easement Property that is inconsistent with the purposes of this
Conservation Easement and to require the restoration of such areas or features of the
Conservation Easement Property that may be damaged by such activity or use. Upon any
breach of the terns 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 oi, 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 DWQ shall have
all the same rights and privileges as Grantee to enforce the terms and agreements contained
within this Conservation Easement.
B. No fail= 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
Property 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 signif cant injury to life, damage to property or harm to the
Conservation Easement Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that they own the Conservation
Easement Property in fee simple, and that Grantor owns either all interests in the
Conservation Easement 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 Conservation Easement Property which have not been expressly subordinated
to this Conservation Easement. Grantor fiuther 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 Conservation Easement Property against the
claims of all persons.
B. Subsequent Transfer: 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 Property. The Grantor agrees to provide written notice to 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 Property or any portion thereof.
Grantor shall not subdivide any Conservation Easement Property without prior, written
approval from DWQ.
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 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 terns 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 SeverabiliM 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.
E. QbJigations gf Owpe ship. Grantor is responsible for any real estate taxes, assessments, fees,
or charges levied upon the Conservation Easement Property. Grantor shall keep the
Conservation Easement 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 Conservation
Easement 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. Extinguishment In the event that changed conditions render impossible the continued use of
the Conservation Easement Property for the conservation purposes, this Conservation
Easement may only be extinguished, in whole or in part, by judicial proceeding.
G. Eminent Dpmain: Whenever all or part of the Conservation Easement Property 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.
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 Property 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 Property that is 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 Property (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.
L 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:
William Bruce Howerton and wife, Laura Howerton
3209 Mossy Ridge Court
Raleigh, NC 27613
To Grantee:
North Carolina Wildlife Habitat Foundation
300 North Greens Street,
Greensboro, NC 27429
DWO:
Wetlands, Buffers, Stormwater Compliance and Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
J. Failure of Grantee. I� 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.
K 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 Conservation Easement.
L. Present Condition of the Property The wetlands, scenic, resource, environmental, and other
natural characteristics of the Conservation Easement Property, and its current use and state of
improvement, are as descnW in the Ezell Bank Site and said Ezell Bank Site is
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 Property will be consistent
with the terns 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 Property if there is a controversy over its use.
TO HAVE AND TO HOLD the aforesaid rights and easements perpetually unto Grantee for the
aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set their hands and seals, the day and year
first above written.
NORTH CAROLINA
COUNTY OF Y v At
Laura Howerton
I, Ewa S• No-kon , a Notary Public in and for the County and State aforesaid, do
hereby certify that WILLIAM BRUCE HOWERTON, JR. and wife, LAURA HOWERTON, Grantor,
personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
v
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the �i day of
March, 201 'tot. Ne,
r O
No Public f V V NOTARY 01;%
= COMMMS*N EXPIRES
My commission expires: ; " _
S1 ZYII� VA-f ve��'A5
IN TESTIMONY WHEREOF, the Grantee has caused this instrument to be signed by its
r e LA Me— and its seal duly affixed, all by authority given, the day and year
first above written.
NORTH CAROLINA WILDLIFE HABITAT
FOUNDATION, INC.
BY -OLV �
(SEAL)
NORTH CAROLINA
COUNTY OF
I. ! 'e r eE Komi( N tary blic in and for the County and State aforesaid, do
hereby certify that M. e AtP Grantee, personally appeared
before me this day and acknowledged that he/she is the a of North
Carolina Wildlife Habitat Foundation, Inc., a North Carolina non-profit corporation, 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 day of
March, 2013.
'&'A -J. 'J"" ,
Notary Public
KELLY F. PERRYMAN
Notary Public, North Carolina
Davidson County
My ommissi� x roe
My commission expires: 3 /'aZ Di
W.4ai 30
TO CONSERVATION EASEMENT from WILLIAM BRUCE HOWERTON and wife, LAURA
HOWERTON, to NOR ►ROLINA WILDLIFE HABITAT,
dated the & day of March, 2013.
••Property%,
Tract One: 9.771 Acres, more or less, as described in Deed recorded in Deed Book 251, Page 614,
Granville County Registry and also being Lot 1 -A as shown on map attached to Deed recorded in Deed
Book 251, Page 614, Granville County Registry.
Tract Two: 54.37 Acres, more or less, as described in Deed recorded in Deed Book 246, Page 704, and
Deed Book 887, Page 947, both of Granville County Registry, and also being Lot 2A as shown on map
filed in Plat Book 28, Page 31, Granville County Registry.
Tract Three: 9.7701 Acres, more or less, as described in Deed recorded in Deed Book 940, Page 478,
Deed of Correction in Book 1437, Page 852, and Notary Correction in Book 1438, Page 301, all of
Granville County Registry and being the same property as shown on map registered in Plat Book 28, Page
31, Granville County Registry.
Tract Four: 14.508 Acres, more or less, as described in Deed recorded in Deed Book 993, Page 549,
Granville County Registry.
BEING THE SAME TRACTS conveyed to Grantor via deed registered in Deed Book 1439, Page 755-
758, Granville County Registry.
M W:4'.1131 d
TO CONSERVATION EASEMENT from WILLIAM BRUCE HOWERTON and wife, LAURA
HOWERTON, to NOR � OLINA WILDLIFE HABITAT,
dated thelj�"day of March, 2013.
"Conservation Easement Property"
BEING all of that property listed as the following seven Conservation Areas: Area # 1, being 4.99
acres, more or less, Area # 2, being 4.84 acres, more or less, Area #3, being 0.63 acres, more or less,
Area # 4, being 1.85 acres, more or less, Area #5, being 0.71 acres, more or less, Area #5A, being
8.61 acres, more or less, Area #6, being 1.63 acres, more or less, and Area #7, being 3.72 acres, more
or less, and all Conservation Easement Areas, together, being 26.98 acres more or less, as shown on
Conservation Easement Plat entitled "REVISED EZELL SITE, EBX USA, RIPARIAN BUFFER &
NUTRIENT OFFSrTE MITIGATION SITE, BRASSFIELD TOWNSHIP, GRANVILLE COUNTY,
NORTH CAROLINA" by The John R. McAdams Company, Inc., dated March 6, 2013 and being the
same map of record in Plat Book, Page 166 et Seq., Granville County Registry, North Carolina.
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INVESTORS TITLE INSURANCE COMPANY
P.O. Drawer 2687
Innovntive b) Instinct Chapel Hill, North Carolina 27515 -2687
OWNER'S POLICY OF TITLE INSURANCE
(06- 17 -06)
This Policy is not complete without appropriate Schedules and corresponding Jacket unless otherwise agreed in writing.
SCHEDULE A
Policy Number: 201300554GV Policy Date: 0312612013 Time: 04:34.00 PM
Amount of Insurance: $210,820.00 Premium: $397.60
Address Reference: CONSERVATION EASEMENT CONSISTING OF 26.98 +/- ACRES
BRASSFIELD TOWNSHIP, NC
1. Name of Insured: NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, a Non - Profit North
Carolina Corporation
2. The estate or interest in the Land that is insured by this policy is:
OTHER
3. Title is vested in: CONSERVATION EASEMENT INTEREST ONLY FOR NORTH CAROLINA
WILDLIFE HABITAT FOUNDATION, A NON- PROFIT NORTH CAROLINA CORPORATION
4. The Land referred to in this Policy is in the State of NC County of
Granville and described as follows:
BEING ALL OF THAT PROPERTY LISTED AS THE FOLLOWING SEVEN CONSERVATION
AREAS: AREA # 1, BEING 4.99 ACRES, MORE OR LESS, AREA # 2, BEING 4.84 ACRES,
MORE OR LESS, AREA #3, BEING 0.63 ACRES, MORE OR LESS, AREA # 4, BEING 1.85
ACRES, MORE OR LESS, AREA #5, BEING 0.71 ACRES, MORE OR LESS, AREA #5A, BEING
8.61 ACRES, MORE OR LESS, AREA #6, BEING 1.63 ACRES, MORE OR LESS, AND AREA #7,
BEING 3.72 ACRES, MORE OR LESS, AND TOGETHER, BEING ALL SEVEN CONSERVATION
AREAS, BEING 26.98 ACRES MORE OR LESS, AS SHOWN ON CONSERVATION EASEMENT PLAT
ENTITLED "REVISED EZELL SITE, EBX USA, RIPARIAN BUFFER & NUTRIENT OFFSITE
MITIGATION SITE, BRASSFIELD TOWNSHIP, GRANVILLE COUNTY, NORTH CAROLINA" BY THE
JOHN R. MCADAMS COMPANY, INC., DATED MARCH 6, 2013 AND BEING THE SAME MAP OF
RECORD IN PLAT BOOK 41, PAGE 162 ET SEQ., GRANVILLE COUNTY REGISTRY, NORTH
CAROLINA.
Issued through the Office of.
Investors Title Insurance Company
313 West Second St.
Greenville, NC 27834
Tel. (800)949-4842 (252)758 -5745
/Fax(800)659 -3023 (252)758 -6919
Authorized Countersignature
Form No. 109 -06-A Page 1
INVESTORS TITLE INSURANCE COMPANY
P.O. Drawer 2687
Chapel Hill, North Carolina 27515 -2687
Policy No. 201300554GV
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay
costs, attorneys' fees, or expenses that arise by reason of:
I. The dower, curtesy, homestead, community property, or other statutory marital
rights, if any, of the spouse of any individual insured.
1. Taxes for the year 2013 and subsequent years, not yet due and payable.
2. Title to that portion of the Land within the right -of -way of NC Highway 96.
3. Subject to matters shown on recorded Map Book 41 at Page 162.
4. Easement(s) to PSNC, recorded in Book 1340 at Page 352.
5. Easement(s) to Carolina Power & Light Company recorded in Book 215 at Page 713; Book
251 at Page 440 and Book 248 at Page 203.
6. Easement(s) to PRogress Energy recorded in Book 1070 at Page 751. (No lines or poles on
easement area)
7. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting
the Title that would be disclosed by an accurate and complete land survey of the Land. The
term " encroachment" includes encroachments of existing improvements located on the Land onto
adjoining land, and encroachments onto the Land of existing improvements located on adjoining
land. Paragraph 2 (c) of the Covered Risks is hereby deleted.
NOTE: NO INSURED CLOSING PROTECTION COVERAGE PROVIDED - As to the transaction for which this
binder and/or policy is issued, the Company specifically excludes this transaction from any
closing protection services.
The Land described in Schedule A number 4 is encumbered by the following
mortgage(s), if any:
Form No. 109 -06 -A page 2
Y
r
N/A
INVESTORS TITLE INSURANCE COMPANY
P.O. Drawer 2687
Chapel Hill, North Carolina 27515 -2687
Policy No. 201300554GV
Form No. 109 -06-A Page 3
Innmathe b) Instinct
03/30/2013
Ashley L. Warner
Perry, Perry and Perry, Attorneys
518 Plaza Boulevard
PO Box 1475
Kinston, NC 28503
Investors Title Insurance Company
313 West Second St.
Greenville, NC 27834
Tel. (800)949 -4842 (252)758 -5745
/ Fax (800)659 -3023 (252)758 -6919
RE: NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, a Non -Profit North Carolina Corporation
Conservation Easement - 7 areas totalling 26.98 +/- acres
Granville County, NC
(a) Mortgagee Policy Information:
Policy No. 201300554GV
Coverage $0.00
Name N/A
Mail Mortgagee Policy To: N/A
(b) Owner Policy Information:
Policy No.
201300554GV
Coverage
$210,820.00
Name
NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, A NON - PROFIT NORTH
CAROLINA CORPORATION
Mail Owner's Policy To:
EBX NEUSE 1, LLC
Attn: Ashley Warner
518 Plaza Boulevard
Kinston, NC 28501
Page I