HomeMy WebLinkAbout20081473 Ver 4_Conservation Easements_20130419LETTER 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
1371A Main Street, Suite 210 Oak Hill, WV 25901 3044654300 — PH 3044654302 — FAX
TO: Division of Water Quality DATE: April 19, 2013
1650 Mail Service Center
Raleigh, NC 27699 -1650 RE: Easement Files for Arrington Bridge Site
ATTN: Katie Merritt
We are sending via: ❑ Overnight Regular Mail F-1 Pick-Up Hand Delivered
i
The following items: ❑ Correspondence Plans ❑ Specificadons Other as listed below:
COPIES
DATE
NO.
DESCRIPTION
1
4/19/13
Conservation Easement for Arrington Bridge
1
4/19/13
Title Insurance Policy for Arrington Bridge
1
4/19/13
Plat for Arrington Bridge
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a W3 A
These are transmitted as checked below:
Q For Approval As Requested ❑ Approved as Submitted f--j Returned for Corrections
- For Your Use For Review and Comment Approved as Noted El For Your Signature
REMARKS:
Please find enclosed the Conservation Easement, Plat, and Title Insurance for the Arrington
Bridge Site. Call me at 919 - 829 -9909 Ext. 21 if you have any questions.
Thank you,
Cara Nelson
COPY TO: Tommy Cousins, Aaron Sneaks SIGNED: �/Ji'—
Ely Perry. Thom Rinker
� s
r
Ashley L Warner
Pony, Peny and Perry. Attomays
518 Plaza Boulevard
PO Bout 1475
Kinston, NC 28503
RE: North Carofine Wildlife Habhat Foundation
13.973 +A Acres
Off of Arrington Brtdge Road
Wayne County, NC
(a) Mortgages Policy Information:
Poly No. 2013W514GV
Coverage $0.00
Name N/A
Mail Mortgages Policy To; N/A
(b) Omw Policy Information:
Investors Tide Insurance Company
313 West Second St
Greenville, NC 27834
Tel. (800)949-4842 (252)758 -5745
/Fax (800)659 -3023 (252)758 -6919
Policy No.
2013W514GV
Coverage
$83,838.00
Name
NORTH CAROLINA WILDUFE HABITAT FOUNDATION, A NONPROFIT NORTH
CAROLINA CORPORATION
Mail Owner's Policy To:
EBX -Neuse 1, LLC
Atin: Ashley Warner
518 Plaza Boulevard
Kinston, NC 28501
Page 1
10
=6 INVESTORS TITLE INSURANCE COMPANY
. ' P.O. Drawer 2687
• • Chapel Hill. North Carolina 27515 -2587
OWNER'S POLICY OF TITLE INSURANCE
=i ;t (06 -17 -06)
This Policy is not complete without appropriate Schedules and corresponding Jacket unless otherwise agreed in writing.
SCHEDULE A
Policy Number: 201300514GV Policy Date: 0312612013 Time: 01:03.00 PM
Amount of Insurance: $83,838.00 Premium: $101.10
Address Reference: 13.973 ACRES, MORE OR LESS, OF
GOLDSBORO, 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 Wayne
and described as follows:
BEING THE PROPERTY SHOWN ON THE MAP ENTITLED :SURVEY FOR THE CITY OF
GOLDSBORO, GOLDSBORO TOWNSHIP, WAYNE COUNTY, N.C. ", AND BEING A TOTAL OF 18.940
ACRES +/- (17.975 ACRES +/- EXCLUDING EASEMENT), SAID MAP BEING DATED JANUARY
22, 2013, PREPARED BY CHRISTOPHER K. PADERICK, PROFESSIONAL LAND SURVEYOR, AND
RECORDED IN PLAT CABINET N, SLIDE 88 -D, OF THE WAYNE COUNTY REGISTRY. SAID MAP
IS INCORPORATED HEREIN BY REFERENCE. ALSO BEING THE SAME PROPERTY CONVEYED TO
EBX -REUSE I, LLC BY DEED REGISTERED IN BOOK 2999, PAGE 164, WAYNE COUNTY
REGISTRY.
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
•C
Authorized Cowttersignature
Form No. 109 -06-A
Page I
r
INVESTORS TITLE INSURANCE COMPANY
P.Q. Drawer 2887
Chapel HUI, North Carolina 27515 -2887
Policy No. 201300514GV
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. Tax Zkwrt.
2. Subject to matters shown on Plat Cabinet ", Slide ^. (ro be recorded at closing)
3. Subject to matters shown on recorded Plat Cabinet/ Hook N at Slide/Page 88 -D including
60 foot public right of way known as South John St. and 60 foot public right of way known as
Arrington Bridge Road, 30 foot wide easement, a ditch and power poles located on the Land.
4. Subject to matters shown on Plat Cabinet L, Slide 89 -8.
5. Basements) to Carolina Power 6 Light Company recorded in Book 2777 at Page 482, Hook
309 at Page 486, Book 329 at Page 305, Book 730 at Page 489 and Book 980 at Page 162.
6. Rights of others thereto entitled in and to the ditch(es) /canal along the boundary
line (a) of the Land.
7. Rights of others for ingress and egress purposes in and to the use of 30 foot wide
easement located on the Land .
8. Basement(s) recorded in Book 2777 at Page 482.
9. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting
the rifle that would be disclosed by an accurate and awrlete land survey of the Land. The
tee " encroaahment" includes encroachments of existing Inprovemants located on the Land onto
adjoining land, and enaroaahmants onto the Land of existing iaprovemeats located on adjoining
land. Paragraph 2 (a) of the Covered Risks is hereby deleted.
NOTE: SO INSDRED CLOSZM PROTECTION COVERAGE PROVIDED - As to the transaction for which this
Fornr No. 109 -06-A page 2
.a
i
INVESTORS TITLE INSURANCE COMPANY
P.O. Drawer 2687
Chapel Hill, North Carolina 27515 -2687
Policy No. 201300514OV
binder and/or policy is issued, the Comany 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:
N/A
Form No. 1094&A Page 3
8000 0 0 3 Ps60 14
INDED
11IM111111111111
ooe Io. 010879780012 Tv
Reoorded: 03/28/2013 at 01:08:84 PM
Fee A19t : $26.00 Page 1 of 12
WAYNE COUNT1f . NO
LOIB J OM01 REOISM OF CUM
4003414-725
PREPARED BY AND RETURN TO:
Ashley L. Warner
PO Drawer 1475
Kinston, NC 28503 -1475
STATE OF NORTH CAROLINA
COUNTY OF WAYNE
I A
oa
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�oIRWDOM
MGM
PERMANENT CONSERVATION
EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement') made this Wday of March,
2013, by and between EBX -NEUSE I, LLC, a Maryland Limited Liability Company who has a place
ofbusiness at 518 Plaza Blvd., Kinston, NC 28501 ( "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, phual, masculine, feminine or neuter as required by context.
RECITALS AND DECLARATIONS
WHEREAS, , Grantor owns in fee simple certain real property situated, lying and being in Wayne
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 maintain riparian resources and other
natural values on a portion of the Property, consisting of approximately 131973 acres, exclusive of
8000 0 0 3 FA6EI 15
right -of -way, and being more particularly described in Exhibit B attached and incorporated herein by
reference (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 "WAYNE COUNTY DEVELOPMENT ALLIANCE BANK PARCEL, Wayne
County, North Carolina, BANK PARCEL DEVELOPMENT PACKAGE" now known as "Arrington
Bridge Bank Parceh" dated April 27, 2012 ( "Arrington Site ") which was approved by the North
Carolina Department of Environment and Natural Resources — Division of Water Quality ( "DWQ "),
and this Conservation Easement may therefore be enforced by the State of North Carolina.
WHEREAS, the preservation of the Conservation Easement ,Property is required by the Neuse
Riparian Buffer Umbrella Mitigation Bank, made and entered into by and between EBX Neuse I, LLC,
acting as the Bank Sponsor, and the North Carolina Department of Environment and Natural
Resources- Division of Water Quality ( "DWQ "). The Arrington 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 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 Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Conservation Easement Property 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 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.
BOOK3 0 0 3 PAOE716
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. Signage. 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.
1. 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.
J. Water Quality and Drainage Pattem. 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. Develooment 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 chaster 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 above, on or over the
0013 0 0 3 PA0E7 17
Conservation Easement Property, other than for temporary or occasional access for purposes
of maintaining the restoration within the Conservation Easement Property.
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 grunt, the preservation of the
Conservation Easement Property 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 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 of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing restrictions, Grantor reserves for EBX -Neuse I, 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. ing=L Egress. and Regress: The Grantee, its employees and agents, successors, assigns and
DWQ shall have a perpetual right of general ingress, egress and regress over the Property at
reasonable times to undertake any activities to restore, manage, maintain, enhance and
monitor the wetland and riparian resources of the Conservation Easement Property in
accordance with restoration activities or a long -tern 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. Rif t to Inspect. Observe and Study: The Grantee or its authorized representatives,
successors, assigns and 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.
BOOK 0 0 3 PAOE118
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 area or features of the
Conservation Easement Property 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 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 the said Grantee to enforce said terms and agreements
contained within this Conservation Easement.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or
affect the right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Conservation Easement
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 significant injury to life, damage to property or harm to the
Conservation Easement Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warren . 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 with the exception of the Declaration granted previously by
Grantor for the benefit of the DWQ found in deed registered in Book 3892, Page 588, Wayne
BMK3 0 0 3 PAGE719
County Registry. 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 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 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 and shall
not be amended, modified or terminated without the prior written consent and approval of the
DWQ. Grantor shall not subdivide any Conservation Easement Property without prior,
written approval from the 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 Somibility. 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. Obligations of Ownership. 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. Exh ZIIk meet. 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 Domain: 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.
BOOK3003 PAOE720
H. ms
p cro s•' 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. -
I. Notification Any notice, request for approval, or other commutication 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:
EBX -Neese I, LLC
5 I Plaza Blvd.
Kinston, NC 28501
To
North Carolina Wildlife Habitat Foundation
300 North Greens Street,
Greensboro, NC 27429
PWO
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. ent. 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.
BOOKS 0 0 3 Ps6E7 21
L Present Condition of the Pronertv. The wetlands, scenic, resource, environmental, and other
natural characteristics of the Conservation Easement Property, and its current use and state of
improvement, are as described in the Arrington Site and the Arrington 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 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 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 its hand and seal or if corporate, has caused
the instrument to be signed in its corporate name by its duly authorized manager, the day and year first
written above.
EBX -NEUSE I, LLC
BY: 4-4, (SEAL)
Ely J. P7 f, III uthori* Signor
STATE OF NORTH CAROLINA
CO
B'�✓ a Notary Public for said County and State, do
hereby certt t E J. Perry, III, Manager, personally appeared before me this day and
acknowledged that he is an authorized signor on behalf of EBX -Neuse I, LLC, a Maryland
Limited Liability Company, and that by authority duly given and as an act of the company, he
signed the forgoing instrument in its name and its behalf as its act and deed.
Witness my hand and official seal, a day of , 2013.
1
otary lic
l
Cptres: 1'.3 �/ s'
BOOK3 0 0 3 PAGE7 2 2
IN TESTIMONY WHEREOF, the Grantee has caused this instrument to be signed by its
��. fig S 1A t'- fand its seal duly affixed, all by authority given, the day and year
fast above written.
NORTH CAROLINA WILDLIFE HABITAT
FOUNjDATION,
BY:
NORTH CAROLINA
COUNTY OF
I, / , a Notary Pub is in and for the County and State aforesaid, do
hereby certify that Grantee, personally appeared
before me this day and acknowledged that he/she is the a 5414& 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 WqNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
14 UUN� 2013.
My commission expires:
BOOK3003 PAR723
EXHIBIT A
TO CONSERVATION EASEMENT from EBX -NEUSE 1, LLC to NORTH CAROLINA WILDLIFE
HABITAT FOUNDATION, INC., dated the 18'b day of March, 2013.
Being the property shown on the map entitled "SURVEY FOR THE CITY OF GOLDSBORO,
GOLDSBORO TOWNSHIP, WAYNE COUNTY, N.C. ", and being a total of 18.940 Acres + (17.975
Acres + excluding easement), said map being dated January 22, 2013, prepared by Christopher K.
Paderick, Professional Land Surveyor, and recorded in Plat Cabinet N, Slide 88 -D, of the Wayne County
Registry. Said map is incorporated herein by reference. Also being the same property conveyed to EBX-
Neuse I, LLC by deed registered in Book 2999, Page 164, Wayne County Registry.
BOOK3 0 0 3 PAOE7 2 4
EXHIBIT B
TO CONSERVATION EASEMENT from EBX NEUSE I, LLC to NORTH CAROLINA WILDLIFE
HABITAT FOUNDATION, INC., dated the 18" day of March, 2013.
"Conservation Easement Property"
BEING all of that Conservation Easement Area, being 13.973 acres, more or less, exclusive of right -
of -way, as shown on Easement Plat entitled "CONSERVATION EASEMENT SURVEY FOR EBX-
NEUSE I, LLC" by Matrix East, PLLC, dated January 290, 2013 and being registered in Plat Cabinet
N, Slide 884, Wayne County Registry, North Carolina.
$I .
003003 PAV25
MX NEUSE % UC
CMTIFICATE OF MEMBERS
THB UNDERSIGNED 1•IEREBY CERTIFY as follows:
A We constitute all of the Members of EBX- -NEUSE I, LLC, a Maryland limited
liability company (the " y")+
B. The Company is hereby authorized to sell and convey real propmy located
in Daplin, Onslow, Lmoir, Wayne, Orange, Person, Wake, Greene, Durham, Granville, Franklin, Nash.
Wilson, Pitt, Craven, Jones, Pamlico, Carteret. Samson, Pander, New Hanover, Richmond and Johnston
Counties, North Carolina;
C. The Company is.hereby authorized to execute and deliver for recordation among
the land records of Duplin. Onslow, L4e001r, Wayne, Orange, Person, Wake, Greene, Durbam. Granville,
FrankUn, Nash, Wilson, Pitt, Craven, James, Pan hco. Carteret, Samson, Pendey New Hanover,
Righmond and Jolinstoa Counties, North Carolina declarations of conservation covenants, conditions,
and restrictions or similar instruments with respect to certain real property located in such Coaude.s;
and
D. Ely J. Perry Ill and Burt Rudolph, or either of them, are hereby authorized to
execute and doliver (i) a deed aoaveyIng the property specified in Paragraph B above in the
name and on behalf of the Company and (ii) to execute and deliver declarations or other
instrument specified in Paragraph C above in the raw and on behalf of the Company and
( iii) to execute and deliver such other docmnems, instrurunuts, and certificates and to take such
other actions in connection tim ewith as they, or either of thorn, deem appropriate.
IN WITNESS WHEREOF, the undersigned have executed this Certificate as of the 7t° day
of March 2013.
ENVIRONMENTAL BANC & EXCHANGE. LLC
Thomas L, Rinker, Authorized Person
PERRY WEIrEJ04DS, LLC
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