20201149 Ver 2_Conservation Easement - DRAFT - 20210930_20211001

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20201149
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Version* 2
Katie Merritt
Initial Review Completed Date 10/04/2021
Mitigation Project Submittal - 10/1/2021
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r Stream r Wetlands rJ Buffer rJ Nutrient Offset
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Chris Santelle
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20201149
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Project Type: r DMS C•' Mitigation Bank
Project Name: Wolf King
County: Wayne
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Mitigation Conservation Easement
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Bennett Property (Wolf King) - Conservation
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Easement - DRAFT - 2021.9.30.pdf
Bennett Property (Wolf King) - Conservation
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Easement - Redline - DRAFT - 2021.9.30.pdf
Bennett Property (Wolf King) - CE Plat -
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2021.9.27.pdf
Bennett Property (Wolf King) - Title
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Print Name:*
Christopher Santelle

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RES Draft 9.30.2021
PERMANENT CONSERVATION EASEMENT
Excise Tax: $
Parcel Identifier No.: PIN 2546875656
Prepared by and return after recording to: EBX, c/o Stephen Colomb, 3600 Glenwood Ave., Suite
100, Raleigh, NC 27612
Brief description for the Index: 8.762 (+/-) acre Conservation Easement in Wayne County, NC
THIS CONSERVATION EASEMENT ("Conservation Easement") made
this day of , 2021 by and between Jack Rose
Bennett (unmarried) and Clark Hood Bennett (unmarried), whose mailing
address is 125 Wolf Lane, Goldsboro, NC 27530 ("Grantor") and The North
Carolina Wildlife Habitat Foundation, Inc., a North Carolina non-profit
corporation with a principal office location of Post Office Box 29187,
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
WHEREAS, Grantor owns in fee simple certain real property situated,
lying and being in Wayne County, North Carolina, more particularly described in
Exhibit A attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not -for -profit or educational
corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of
the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the
purposes or powers of which include one or more of the purposes (a) — (d)
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RES Draft 9.30.2021
listed below;
(a) retaining or protecting natural, scenic, or open -space aspects of
real property;
(b) ensuring the availability of real property for recreational,
educational, or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic,
natural, or aesthetic value of the property in its natural state, which includes
the following natural communities: riparian buffers. The purpose of this
Conservation Easement is to maintain riparian resources and other natural
values of approximately 8.762 acres, more or less, and being more particularly
described in Exhibit B attached hereto and incorporated fully herein by
reference (the "Conservation Easement Area"), and prevent the use or
development of the Conservation Easement Area for any purpose or in any
manner that would conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the
Conservation Easement Area is a condition of the approval of the RES
Neuse Umbrella Mitigation Banking Instrument ("UMBI") and the Wolf King
Bank Parcel Development Plan (BPDP), North Carolina Department of
Environmental Quality - Division of Water Resources ("NCDWR") Project ID
Number 2020-1149 v2, entitled "Agreement to Establish the RES 2021 Neuse
Umbrella Mitigation Banking Instrument in the Neuse River Basin for Riparian
Buffer and Nutrient Offset Mitigation Credits Pursuant to the Neuse Nutrient
Management Strategy", entered into by and between Environmental Banc &
Exchange, LLC ("EBX") acting as the Bank Sponsor ("Bank Sponsor"), in
consultation with NCDWR. The Wolf King Project has been approved by
North Carolina Division of Water Resources ("NCDWR") for use as a
mitigation bank to compensate for unavoidable riparian buffer and nutrient
impacts.
WHEREAS, Grantor and Grantee agree that third -party rights of
enforcement shall be held by EBX and NCDWR ("Third-Parties,"to include any
successor agencies), and may be exercised through the appropriate
enforcement agencies of the United States and the State of North Carolina,
and that these rights are in addition to, and do not limit, the rights of
enforcement under the NCDWR Project ID # 2020-1149 v2 ("Mitigation
Banking Instrument"), or any permit or certification issued by the Third -Parties.
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
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RES Draft 9.30.2021
perpetuity a Conservation Easement of the nature and character and to the
extent hereinafter set forth, over the Conservation Easement Area described
on Exhibit B, together with the right to preserve and protect the conservation
values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation
Easement is an easement in gross, runs with the land and is enforceable by
Grantee against Grantor, Grantor's personal representatives, heirs, successors
and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent
with the purpose of this Conservation Easement is prohibited. The
Conservation Easement Area shall be preserved in its natural condition and
restricted from any development that would impair or interfere with the
conservation values of the Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities
and uses are expressly prohibited, restricted or reserved as indicated
hereunder:
A. Disturbance of Natural Features. Any change disturbance,
alteration or impairment of the natural features of the Conservation Easement
Area or any introduction of non-native plants and/or animal species is
prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility
pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure
or facility on or above the Conservation Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential
and/or commercial activities, including any rights of passage for such purposes
are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing,
animal husbandry, and horticultural use of the Conservation Easement Area
are prohibited.
E. Vegetation. There shall be no removal, burning, destruction,
harming, cutting or mowing of trees, shrubs, or other vegetation in the
Conservation Easement Area except as provided in the BPDP. Mowing of
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RES Draft 9.30.2021
invasive and herbaceous vegetation for purposes of enhancing planted or
volunteer trees and shrubs approved in the BPDP is allowable once a year for
no more than five consecutive years from the date on page 1 of this
Conservation Easement, except where mowing will negatively impact
vegetation or disturb soils. Mowing activities shall only be performed by Bank
Sponsor and shall not violate any part of Item M of Article II.
F. Roads and Trails. There shall be no construction of roads, trails or
walkways on the Conservation Easement Area; nor enlargement or
modification to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation
Easement Area, except the posting of no trespassing signs, signs identifying
the conservation values of the Conservation Easement Area, signs giving
directions or proscribing rules and regulations for the use of the Conservation
Easement Area and/or signs identifying the Grantor as owner of the
Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes,
garbage, waste, abandoned vehicles, appliances, machinery or hazardous
substances, or toxic or hazardous waste, or any placement of underground or
aboveground storage tanks or other materials on the Conservation Easement
Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading,
filling, excavation, dredging, mining or drilling; no removal of topsoil, sand,
gravel, rock, peat, minerals or other materials, and no change in the topography
of the land in any manner on the Conservation Easement Area, except to
restore natural topography or drainage patterns. For purposes of restoring and
enhancing riparian areas within the Conservation Easement Area, Bank
Sponsor is allowed to perform grading, filling, and excavation associated with
riparian buffer and nutrient restoration and enhancement activities as described
in the BPDP and authorized by Department of the Army Nationwide Permit 27.
J. 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 easement area by any means,
removal of wetlands, polluting or discharging into waters, springs, seeps, or
wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been
encumbered or extinguished by this Conservation Easement shall be
transferred pursuant to a transferable development rights scheme or cluster
development arrangement or otherwise.
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RES Draft 9.30.2021
L. Subdivision. The Grantor and Grantee agree that the Conservation
Easement Area currently consists of one area within one Wayne County tax
parcel. The Grantor may not further subdivide the Conservation Easement
Area, except with the prior written consent of the Grantee. If Grantor elects to
further subdivide any portion of the Conservation Easement Area, Grantor must
provide the Grantee the name, address, and telephone number of new
owner(s) of all property within the Conservation Easement Area, if different
from Grantor. No subdivision of the Conservation Easement Area shall limit the
right of ingress and egress over and across the Property for the purposes set
forth herein. Further, in the event of any subdivision of the Property (whether
inside or outside of the Conservation Easement Area) provision shall be made
to preserve not only Grantee's perpetual rights of access to the Conservation
Easement Area, as defined herein, but also Grantee's right of perpetual access
to any conservation easements on properties adjacent to the Property which
form a part of or are included in the Mitigation Plan. Creation of a condominium
or any de facto division of the Conservation Easement Area is prohibited. Lot
line adjustments or lot consolidation without the prior written consent of the
Grantee is prohibited. The Grantor may convey undivided interests in the real
property underlying the Conservation Easement Area. The Grantor shall notify
the Grantee immediately of the name, address, and telephone number of any
grantee of an undivided interest in any property within the Conservation
Easement Area.
M. Vehicles. The operation of mechanized vehicles, including, but not
limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is
prohibited other than for temporary or occasional access by the Bank
Sponsor, Grantee and the Third -Parties, its employees and agents,
successors, assigns, for purposes of constructing, maintaining and
monitoring the restoration and preservation of riparian areas within the
Conservation Easement Area. The use of mechanized vehicles for
monitoring purposes is limited to only existing roads and trails as shown in
the approved in the BPDP.
N. Other Prohibitions. Any other use of, or activity on, the
Conservation Easement Area which is or may become inconsistent with the
purposes of this grant, the preservation of the Conservation Easement Area
substantially in its natural condition, or the protection of its environmental
systems, is prohibited.
ARTICLE III.
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for himself, his personal representatives,
heirs, successors or assigns, the right to continue the use of the Conservation
Easement Area for all purposes not inconsistent with this Conservation
Easement, including, but not limited to, the right to quiet enjoyment of the
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RES Draft 9.30.2021
Conservation Easement Area, the rights of ingress and egress, the right to
hunt, fish, and hike on the Conservation Easement Area, the right to sell,
transfer, gift or otherwise convey the Conservation Easement Area, in whole or
in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor,
its successors and assigns, including EBX acting as the Bank Sponsor, the
right to construct and perform activities related to the restoration and
preservation of riparian areas within the Conservation Easement Area in
accordance with the approved BPDP and the Mitigation Banking Instrument
described in the Recitals of this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns,
and the Corps, shall have the right to enter the Property and Conservation
Easement Area at all reasonable times for the purpose of inspecting the
Conservation Easement Area to determine if the Grantor, or his personal
representatives, heirs, successors, or assigns, is complying with the terms,
conditions, restrictions, and purposes of this Conservation Easement. The
Grantee and the Third Parties, and their authorized representatives, successors
and assigns shall also have the right to enter and go upon the Conservation
Easement Area for purposes of making scientific or educational observations
and studies, and taking samples. The easement rights granted herein do not
include public access rights.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee and the
Third Parties are allowed to prevent any activity on or use of the Conservation
Easement Area that is inconsistent with the purposes of this Easement and to
require the restoration of such areas or features of the Conservation Easement
Area that may be damaged by such activity or use. Upon any breach of the
terms of this Conservation Easement by Grantor that comes to the attention of
the Grantee, the Grantee shall notify the Grantor in writing of such breach. The
Grantor shall have 30 days after receipt of such notice to correct the conditions
constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal
proceedings including damages, injunctive and other relief. Notwithstanding
the foregoing, the Grantee reserves the immediate right, without notice, to
obtain a temporary restraining order, injunctive or other appropriate relief if the
breach of the terms 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
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RES Draft 9.30.2021
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. The Third -Parties shall
have the same rights and privileges as the said Grantee to enforce the terms
and conditions of 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 Area resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, war, acts of
God or third parties, except Grantor's lessees or invitees; or from any prudent
action taken in good faith by Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to life, damage to property or harm to the
Conservation Easement Area resulting from such causes.
ARTICLE VI.
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns
the Property in fee simple, and that Grantor either owns all interests in the
Property which may be impaired by the granting of this Conservation Easement
or that there are no outstanding mortgages, tax liens, encumbrances, or other
interests in the Property which have not been expressly subordinated to this
Conservation Easement. Grantor further warrants that Grantee shall have the
use of and enjoy all the benefits derived from and arising out of this
Conservation Easement, and that Grantor will warrant and defend title to the
Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms
of this Conservation Easement in any deed or other legal instrument that
transfers any interest in all or a portion of the Conservation Easement Area.
The Grantor agrees to provide written notice of such transfer at least sixty (60)
days prior to the date of the transfer. The Grantor and Grantee agree that the
terms of this Conservation Easement shall survive any merger of the fee and
easement interests in the Conservation Easement Area or any portion thereof
and shall not be amended, modified or terminated without the prior written
consent and approval of the Third -Parties.

RES Draft 9.30.2021
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 pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34
et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the
Grantee further covenants and agrees that the terms of the transfer or
assignment will be such that the transferee or assignee will be required to
continue in perpetuity the conservation purposes described in this document.
D. Entire Agreement and Severability. The Mitigation Banking
Instrument: UMBI with corresponding BPDP, and this Conservation Easement
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 Property. Grantor shall
keep the Property free of any liens or other encumbrances for obligations
incurred by Grantor, except those incurred after the date hereof, which are
expressly subject and subordinate to the Conservation Easement. Grantee shall
not be responsible for any costs or liability of any kind related to the ownership,
operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits
that may apply to the exercise of the Reserved Rights.
F. Long -Term Management. Grantor is responsible for all long-term
management activities associated with fencing. These activities include the
maintenance and/or replacement of fence structures to ensure the aquatic
resource functions within the boundaries of the Conservation Easement Area
are sustained.
G. Extinguishment. In the event that changed conditions render
impossible the continued use of the Conservation Easement Area for the
conservation purposes, this Conservation Easement may only be extinguished,
in whole or in part, by judicial proceeding.
H. Eminent Domain. Whenever all or part of the Conservation
Easement Area 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.
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RES Draft 9.30.2021
I. Proceeds. This Conservation Easement constitutes a real property
interest immediately vested in Grantee. In the event that all or a portion of the
Conservation Easement Area is sold, exchanged, or involuntarily converted
following an extinguishment or the exercise of eminent domain, Grantee shall
be entitled to the fair market value of this Conservation Easement as
determined at the time of the extinguishment or condemnation.
J. 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:
Clark Hood Bennett
Jack Rose Bennett
125 Wolf Lane
Goldsboro, NC 27530
To Grantee:
North Carolina Wildlife Habitat Foundation, Inc.
Post Office Box 29187
Greensboro, NC 27429
To Sponsor:
Environmental Banc & Exchange, LLC
c/o Resource Environmental Solutions, LLC
3600 Glenwood Avenue, Suite 100
Raleigh, NC 27612
K. Failure of Grantee. If at any time Grantee is unable or fails to
enforce this Conservation Easement, or if Grantee ceases to be a qualified
grantee, and if within a reasonable period of time after the occurrence of one of
these events Grantee fails to make an assignment pursuant to this
Conservation Easement, then the Grantee's interest shall become vested in
another qualified grantee in accordance with an appropriate proceeding in a
court of competent jurisdiction.
L. 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 grant.
M. Present Condition of the Conservation Easement Area. The riparian
buffers, scenic, resource, environmental, and other natural characteristics of
the Conservation Easement Area, and its current use and state of
improvement, are described in Section 2 of the BPDP, prepared by Grantor and
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RES Draft 9.30.2021
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 Area will be consistent with the terms of this
Conservation Easement. However, this report is not intended to preclude the
use of other evidence to establish the present condition of the Conservation
Easement Area if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually
unto Grantee for the aforesaid purposes.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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RES Draft 9.30.2021
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and
seal, the day and year first above written.
GRANTOR:
(SEAL)
Jack Rose Bennett (unmarried)
NORTH CAROLINA
COUNTY OF
, a Notary Public in and for the County and State
aforesaid, do hereby certify that Jack Rose Bennett, Grantor, personally appeared before
me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
day of , 20_.
[SEAL]
Signature of Notary Public
Printed Name of Notary Public
My commission expires:
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RES Draft 9.30.2021
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and
seal, the day and year first above written.
GRANTOR:
(SEAL)
Clark Hood Bennett (unmarried)
NORTH CAROLINA
COUNTY OF
, a Notary Public in and for the County and State
aforesaid, do hereby certify that Clark Hood Bennett, Grantor, personally appeared before
me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
day of , 20_.
[SEAL]
Signature of Notary Public
Printed Name of Notary Public
My commission expires:
12

RES Draft 9.30.2021
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day
and year first above written.
GRANTEE:
THE NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC.
a North Carolina non-profit corporation
By:
Name:
Title:
NORTH CAROLINA
COUNTY OF
, a Notary Public in and for the County and State
aforesaid, do hereby certify that personally appeared before me
this day and acknowledged that he/she is the of the North Carolina
Wildlife Habitat Foundation, Inc., a North Carolina non-profit corporation, and that by
authority duly given, and as the act of the Grantee, he/she signed the foregoing instrument
in its name, on its behalf and as its act and deed for the purposes stated herein.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
day of , 20_.
[SEAL]
Signature of Notary Public
Printed Name of Notary Public
My commission expires:
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RES Draft 9.30.2021
EXHIBIT A
Legal Description of the Property
Tract 1: BEING 11.95 acres, more or less, situated in Wayne County, North Carolina,
known as PIN 2546-87-5656, and more particularly described in deeds recorded in Book
2988, Page 202 of the Wayne County Registry, North Carolina.
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RES Draft 9.30.2021
EXHIBIT B
Conservation Easement Area
BEING THOSE AREAS CONTAINING A COMBINED TOTAL OF 8.762 ACRES, AS
SHOWN ON A PLAT OF SURVEY ENTITLED "CONSERVATION EASEMENT, "WOLF
KING", NCDWR PROJECT ID # 2020-1149 V2, (OWNERS) JACK ROSE BENNETT
AND CLARK HOOD BENNETT, PIN 2546-87-5656, WAYNE COUNTY NC",
PREPARED FOR ENVIRONMENTAL BANC & EXCHANGE, LLC, DATED 4/15/2021
2021, JOB 20-02-11, DRAWN BY C. COLE, ASCENSION LAND SURVEYING P.C.,
PLS NUMBER L-5008, NC FIRM LICENSE C-4288, AND RECORDED IN THE WAYNE
COUNTY, NORTH CAROLINA REGISTER OF DEEDS AT PLAT BOOK , AT
PAGE (THE "SURVEY"), AND BEING FURTHER DESCRIBED AS
FOLLOWS:
BEGINNING AT A SET IRON PIPE, SAID PIPE BEING THE MOST NORTHEASTERN
CORNER OF (NOW OR FORMERLY) JACK ROSE BENNETT AND CLARK HOOD
BENNETT, DB 2988 PG 202 AND ALSO BEING THE MOST NORTHEASTERN
CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE ALONG THE
EASTERN LINE OF THE AFOREMENTIONED, BEING A COMMON LINE WITH (NOW
OR FORMERLY) MANFRED AND GAIL HOOD S 01-19-56 W 420.74' TO A SET IRON
PIPE; THENCE S 88-45-56 W 163.82' TO AN EXISITNG REBAR; THENCE S O4-54-20
E 188.53' TO AN EXISTING REBAR; THENCE S 03-30-27 W 6.90' TO A SET #4
REBAR; THENCE S 87-43-09 W 158.18' TO A SET #4 REBAR; THENCE S 00-33-51
W 79.36' TO THE NORTHERN RIGHT OF WAY OF "BENNETT ROAD"; THENCE
WITH THE SAID RIGHT OF WAY THE FOLLOWING TWO CALLS:
S 89-07-44 E 64.57' TO A SET #4 REBAR
S 88-35-08 W 301.90' TO A SET #4 REBAR
THENCE LEAVING THE SAID RIGHT OF WAY N 36-53-17 E 52.26' TO A SET #4
REBAR; THENCE N 27-52-01 E 12.81' TO A SET #4 REBAR; THENCE N 33-11-11 E
163.33' TO A SET #4 REBAR (IN A DITCH); THENCE N 70-20-17 W 118.09' TO A
SET #4 REBAR; THENCE N 12-01-08 E 91.93' TO A SET #4 REBAR; THENCE N 43-
16-35 W 7.36' TO A SET #4 REBAR; THENCE N 09-57-12 E 21.42' TO A SET #4
REBAR; THENCE S 82-58-46 E 107.73' TO A SET #4 REBAR; THENCE N 06-41-00 E
51.54' TO A SET #4 REBAR; THENCE N 83-03-37 W 104.80' TO A SET #4 REBAR;
THENCE N 09-57-12 E 56.26' TO A SET #4 REBAR; THENCE N 32-53-05 E 205.43'
TO A SET #4 REBAR; THENCE N 23-35-50 E 201.24' TO A SET #4 REBAR; THENCE
S 77-40-04 E 449.38' TO THE POINT AND PLACE OF BEGINNING; CONTAINING
381,700 SQUARE FEET, MORE OR LESS.
TOGETHER WITH RIGHTS OF ACCESS OVER, ACROSS, AND THROUGH THE
PROPERTY FOR THE PURPOSES OF GRANTEE AND THE THIRD -PARTIES
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RES Draft 9.30.2021
ACCESSING THE CONSERVATION EASEMENT AREA AND FULFILLING THEIR
RIGHTS AND OBLIGATIONS UNDER THIS CONSERVATION EASEMENT.
16