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HomeMy WebLinkAbout20110720 Ver 3_Conservation Easements_20130410I1 -DI10 LETTER OF TRANSMITTAL 909 Capability Drive, Suite 3100 Raleigh, NC 27606 919 -829 -9909 — PH 919 -829 -9913 — FAX 10055 Red Run Boulevard, Suite 130 Owings Mills, MD 21117 410 - 356 -5159 — PH 410 -356 -5822 — FAX 604 Greene Street, Suite 100 Camden, SC 29020 803432-4890 — PH 410- 356 -5822 — FAX 137'% Main Street, Suite 210 Oak Hill, Wv 25901 3044654300 — PH 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. r Z� — � 7 �.., .-. !" �—, . 77 rl— - 4 —Ilr, 77— mrv—".ray g—& -M -I- I.r -:7--A4KI:A .. r: --z- wim—lr A M TT ot M. 04W i or s> i• � t' r, I • f �•, •�I. ♦ l SiiGLii Z OF S It AF � / % i � � /� r- I F 0➢II� R � Book: 41 Page: 162 8eq: 2 (page 3 of 5, �I lam, ' �s � — �•. '`• r .'s-, / \, .0 . MID � 11O 1 y O w 1 f %/" • �% t $fir 3 OF S pop Ic • t;/�:r 1 1 .\ �� .� \. 0.t ■■ O t• Book: 41 page: 1162 aeq: 3 .(Page 4 of 5) Hook: 41 Page: 262 Beg: 4 t$age s of s) mgm S�m"0Iea�.al�ar w1�.e Iec GUM WAIN I i�.011 jam :2 R a . nc1 . . u1 roes w1� ... aD M eg� IA; �>M rcpt. 3 asasl.e•� "` Msro .ISw MKA .tb.r 8iF • M�rY .rim 12 Z7 • Maro . =. .•.A • MRrq .rriw q S RO_ r1>01..1 R` 471 SOPS a�e I Book: 41 Page: lea Mn: S 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