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HomeMy WebLinkAbout20201149 Ver 2_CEand plat_20211123ID#* 20201149 Select Reviewer: Katie Merritt Initial Review Completed Date 11/23/2021 Mitigation Project Submittal - 11/23/2021 Version* 2 Is this a Prospectus, Technical Proposal or a New Site?* Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information O Yes O No Contact Name:* Email Address:* Jamey McEachran jmceachran@res.us Project Information ID#:* 20201149 Version:* 2 Existing ID# Existing Version Project Type: DMS • Mitigation Bank Project Name: Wolf King Riparian Buffer and Nutrient Offset Mitigation Project County: Wayne Document Information Mitigation Document Type:* Mitigation Conservation Easement File Upload: CEand plat.pdf 1.41 MB Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name: * Jamey McEachran Signature: * Type: CRP Recorded: 11/19/2021 9:33:13 AM Fee Amt: $227.00 Page 1 of 16 Revenue Tax: $197.00 WAYNE COUNTY, NC CONSTANCE B. CORAM REGISTER OF DEEDS BK 3685 PG 39 - 5RERMANENT CONSERVATION EASEMENT Excise Tax: $ 01 • 00 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 1 Lp 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) 1 submitted electronically by "Kennon Craver, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Wayne County Register of Deeds. 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: perennial and intermittent streams and riparian buffers. The purpose of this Conservation Easement is to maintain streams and 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 CBPDP), 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"), and 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 authorized impacts to riparian buffers and authorized nutrient sources. 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 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 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 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. I 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 2 development arrangement or otherwise. 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 streams and 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 5 Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, 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 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. 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 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. s 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 streams and riparian areas, 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 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] 10 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: &S& a (SEAL) Clark Hood Bennett (unmarried) NORTH CAROLINA COUNTY OF I, W t 1; &I,—, 'A a•N.rs , 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 I �' day of /U®vcw• 6? f , 20 A. LLIAM r Notary is :: �,.� t• y be r O- WILLIAM A JAMES Notary public, North Carolina Wake County My Commission Expires Novemaer 04. 2023 Signature of Notary Vublic A Printed Name of Notary Public My commission expires: i ''I o T3 12 r IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) NORTH CAROLINA COUNTY OF I AVIVF I, ��, (I s �•� A' Jwwt.S , 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 1 `� day of , 20t4. WILLIAM A JAMES Notary Public, North Carolln Wake County I SEAQLCommission Expire 'November04, 2023 Signature of Notary -Public IA�/ ' I t rt A l Printed Name of Notary Public My commission expires: 11 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 Caroli on- rofit corporation By: Name: a2,c_:-4o12 Title: GAC' .c. NORTH CAROLINA COUNTY OF V Aha - I, mry A S�� 1� �� , a Notary Public in and for the County and State aforesaid, do hereby certify that EFr-w,101 personally appeared before me this day and acknowledged that he/she Ys the 4,hyltt'YrAoy1 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 I day of �JOV &v0 6W , 20 29. [SEAL] AMY STALEY i NOTARY PUBLIC Johnston County North Carolina My Commission Expires Sept. 4, 2023 An�� '6—tAAAA--t­— Signature othotary Public Printed Na a of Notary Public My commission expires: �t�$-T2 ?::, 13 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 1366, Page 805, and Book 2988, Page 202 of the Wayne County Registry, North Carolina. 14 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, PROJECT NAME "WOLF KING SITE", NCDWR PROJECT #: #2020-1149 V2, DATED 4/15/2021, 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 5 1_ (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- 1 E-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 15 ACCESSING THE CONSERVATION EASEMENT AREA AND FULFILLING THEIR RIGHTS AND OBLIGATIONS UNDER THIS CONSERVATION EASEMENT. 16 Page 1 of 1 CERTIFICATE OF SURVEY AND ACCURACY "I, CHRISTOPHER L. COLE, CERTIFY THAT THI5 FLAT WA5 DRAWN UNDER MY 5UPERV15ION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DE5CRIPTION RECORDEU IN BOOK 59G. PAGE 56G ; THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK (AS SHOWN), PAGE (AD SNOW: THAT THE RATIO OF PRECISION OR POSITIONAL ACCURACY A5 CALCULATED III : 15.000; THAT THI5 PLAT WA5 PREPARED IN ACCORDANCE WITH G.5. 47-30 AS AMENDED AND THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT -ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF 5UBDIV1510N; ()) CIA55OF5URVEY: CIA55-A (3) TYPE OF DEC FIELD PRCCEDURE: RTKIVN5 (4) DATE5 OF SURVEY: 3COR2021 (5) DATUM/EPCCH: NAD83/2DII (G) GEOID MODEL: 12A (7) COMBINED GRID FACTOEDC: Q.99957000 UNITS: U.5, SURVEY FEET WITNE55 MY ORIGINAL SIGNATURE. REGISTRATION LICENSE NUMBER AND SEAL REVIEW OFFICER CERTIFICATION a,�.�-r TTEMAPO— WAYNE UN CERTIFY THAT VIE MAP OR 'tor TO �T V WHICH THI5 CERTIFICATION 15 AFFIXED MEET5 ALL STATUARY REQUIREMENTS FOR RECORDING FOR WHICH THE REVIEW OFFICER HAS —LON51&CITY A5 1Ro11DED BY uw. / Z SCfE BENNETT RE WF R WAYNE COUNTY MAPPING DEPARTMENT uorcn`1 _N`Ron M oo 61.157 al a�3o N �-91 wl � 91 -- - d0�O1d�I0I� dIOId�M`� dl��r - %dIO� iood0000i�oi000i0000�ooi000id� N 4o 111PNIM i000id00000i000i000��ooi ♦o�i ,, - ►,�iodio�odioei0000idooid000do�dio of of of Doi 000��o►000�000i� �i000ioodi000i000�0000d�oo 0000i� •� ooi000i000iooi000i000ia000ioi00000� ioioei000ei000�� ei000eidoo�ooio�i�ooi0004 0000ei000eidoo�io�ioei000e�000eiooeio�00000� . - ��odioidodiooeodoeidooi�ori�diMoi'►d�oo� ooi000i000i000io oi000i�odidooioodi000i ®�® ��i000ei000i000i0000i000�►F oodooi000i000i� 0 oidoi000ioodidddo�ooioodioodio�►i m�� ,oi000idodid000 of oo d of o0 of r mmm�m� eio�oi000i0000d�ooio�ooi��d000�ioio�ooide000ei, ooi000i000i0000000idodioodiooeiooeioo��� mm�� 0000i00000000000i000ioo.Ci000i of 000io�►i mm�m� - : io�oiooeio�oioodioodio oidooioeioio�►oi.y000i m�� - �odi000i000i0000d0000�oO1oiooido oei000i� oi.. of of odom0000ioodi000id o��',�oioo� :.. - 000d00000e0000i000i000i��000��i oi000� �oi000eio�r`��y0000� -- ... �0000000` oi000io �0000i000i .: -: e000do� dd��d�.�d��dd�ddod�ddi dd�dOdd d L oio doo,�oo�oiooeo�� ridooi��� l . Sri =�. ioiNoso`oostioodi000i��di`�oi of o� oeid�oiooi000iooeio,..00000dodoo 00000�ooi , 00000eioiooio�ooio�i000��Fooei000di000�i000�i�� , - di000000000io!oidooi ,�000000d�0000iO1��'�0� =,��OI��OId����y0I�0I�►�I� �OId�dI�►�OI�►�dld�dl OI��ArIIO�j�,�OIO���O�Oj�,O�jO�bp� ��O���j�O�I`►�jOI� �! I'y�I�OI�I���dI�OI��Id�������I O�OIOdIOdI�Oi �,oidodidooidodiooi0000i000i000ioodidi000*�o�d ooi000i -,�,�odioo�ioodio� - 000ioi000i000i�oioi0000sooi oioodi .00eioei000e0000�i000ei000ei000�0000eoo�odei� i odidodid000dooi000i000i oeeo�► ooi000 'd��►ioei000�ooio�ioiooi000ei000�000�idoo�i000io d..00d000�ooiooeio�odio?�ioodeidooeio��oo.•!eido s �►o�oidooi�dioodoeoodioidiooeoo�: �- : �. • mi oi0000d00000dododod000 . -- - • oidd�,oeiodeiooeiodeiodeidd . - ,i00000000eo`yoodoodd000e1do .: � ,00e000O1dod000 : .. 000i�: CON5EKVATION EA5EMENT gR4 bba (OWNEK5) JACK P05E BENNETT AND �— CLARK HOOD BENNETT A,�F PIN 254G-87-5G5G� WAYNE COUNTY NC .S�ifF PREPARED FOR rePlmro NOTES: ENVIRONMENTAL BANC AND EXCHANGE,LLC 1) 1AA515 of BEARINGS: NCG5 GRID COORDINATES, PROJECT NAME "WOLF KING SITE" NAD 831201 1 DATUM, NCDWR PROJECT #: 2020- 1 149 V2 2) FIELD WORK COMPLETED ON 4/1512021. ND 3) ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN Ascension land US_ SURVEYFEUNLESS OTHERWISE D. 4) THE AREAS 5HDWN HEREON WERE COMPUTED USING THE SurveyingP.C. C. COORDINATE URVEYED IONARE METHOD. NOT SURVEYED ARE SHOWN AS BROKEN LINES FROM INFORMATION INFORMATION REFERENCED ON THE FACE OF THIS PLAT. Frofe551onal land 5urveying It COn5ulting I I G w IIG s Road, M—Is,11 NC 27028 G)rPEDERTY SUBJECT TO ALL EASEMENTS AND , Phone: (704) 579-71 97 E-11: EL—YE—H-007Qa gmalL— RESTRICTIONS OF RECORD. NC FIRM LICENSE: C-4285 NC PLO LICENSE: L-5008 7) TRAVERSE ADJUSTMENT: COMPASS RULE DRAWN BY: C. COLE DATE of FIELDWORK I JOB SURVEYED BY: J. HELMLY I I/S/202I 120-02-11 B) BOUNDARY LINES THAT FOLLOW WATER FEATURES SUCH AS CREEKS ARE SERIENT OF CHECKED BY: K. COLE SCALE SHEET# THE CREEK DUE �UUGICUCHANGES IN THE ALIGNMENT OF THE CREEK DUE TO EROSION AND omen NATURAL UR BOOK # 1 9 "=G0' 1 OF I CHANGE5 NDTH THAT MAYOR MAY NOT REPRESENT THE CHANGES AND THAT Off ACTUAL LOCATION OF THE LIMIT OF TITLE. 57' NAL (Fou N. 56P.2 ED l ) IFEN PEE' ison�H) I, I� 1� I NH—H KOAo LInE� LEGEND •SOURCE OF TITLE: EP EDGE OF PAVEMENT JACK R05E BENNETT AND O PROPERTY CORNER CLARK HOOD BENNETT #4 CESAR (SET) DID 2988 PG 202 —DL— PROPERTY LINE (5URVEYEU) - — FL- — - PROPERTY LINE (NOT SURVEYED) 1,-RW--- RIGHT OF WAY 1, TREE LINE - — TB- — - TOP OF DANK BB — - BOTTOM OF BANK —� OVERHEAD UTILITY LINE —SCE— CONSERVATION EASEMENT CONSERVATION EASEMENT THIS 5URVEY DOES NOT REPRESENT A COMPLETE BOUNDARY SURVEY OF ANY TRACT SHOWN HEREON. THE INFORMATION SHOWN ON THE FACE OF THI5 PLAT WA5 DERIVED FROM EVIDENCE LOCATED IN THE FIELD ALONG WITH SUPPORTING TITLE DOCUMENTS PROVIDED BY INVESTORS TITLE 45URANCE COMPANY. TH15 SURVEY DOES NOT CHANGE OR ALTER ANY BOUNDARr ONES. GRAPHIC SCALE 'I. ( IN FEET ) 1 inch = 60 ft.