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HomeMy WebLinkAbout20120144 Ver 1 _Easement & Plat edits_5-19-14 _20140519Strickland, Bev From: Merritt, Kate Sent: Monday, May l0'ZUl4Z:3ZPK4 To: 'Daniel Taylor' Subject: RE: Buck Swamp Attachments: Buck Swamp Plat Comments 5'l0'l4_kmedits.pdf, Buck Swamp Easement Draft 5'10'14_kmedits.docx Hey Daniel, | reviewed the two documents you sent me (easement and plat) for Buck Swamp and | did have comments on both. Please take a look atmy comments/edits and call meif you have any questions. From: Daniel Taylor Sent: �ay�\�O1�1�:41PM To: Merritt, Katie Subject: Buck Swamp I have attached the Draft version of the easement and plat. Let me know if you have any questions or comments. Thanks Daniel Taylor Construction Supervisor & Land Acquisition Specialist 0: 919.851.9986 x105 M: 919.440.1287 Wflfflands Engineering 312 West MiUbrook Road, Suite ZZS Raleigh, NCZ76U9 1 T O �a O mlV r^o0 Cog M�wFicj J f wwww '� z Nz�z�NZ aMoM ww ep IW Wa�E c'kw Si4 G x of �oo�N°�f° IS �Zd W a Z N u� °•1� �rc ¢ NNNNN w NC a- N s off` �rw J K �D� 3 zpZSW - => 8g YS W a ff� �rc * "mZ -M5 e h R$ rR,$R$ ryas 7�wxvi aQ Q :;. V 1 �10N r qNN a z a rc � Q€ •ytb zud Mogoz -zo`-z €mP,zoga � -i�u rya€ H—1 �z °2-; U — m Imo -W. "'M az'zo��d� .<R wl. a F -< o 1§42- ifln w � as LL�o ��w u gN In N IN IM ��� N; aw � p � � H Nz l `\ 101 L, r►- N F rc N N Q _� °� ` ff� e z- Cog.ALL -1 `S�J� �bHH ti.. � .♦ 3rotr,¢ ervvrs mane - - - -r na o,w Dili n a arw 73db 3 8 c i ` — y, _ eoc aaale iasmra 1ru "fi 10 aara °sci 'w'oe a1w $�$ Ti P� Al JA 0 U C, W ai w o -z oga z�F __aaarcia gA f o g M Vol g3� M Al Merritt, Katie From: Daniel Taylor [dtaylor @wildlandseng.com] Sent: Friday, December 20, 2013 1:59 PM To: Merritt, Katie Subject: RE: Buck Swamp Thanks Katie. I think we are on the same page. " `] I will revise our current plat and get you a draft next week. I assume you are taking some time off next week but I hope to have it waiting for you when you get back. Thanks From: Merritt, Katie fmailto :katie.merritt(abncdenrgov] Sent: Friday, December 20, 2013 11:01 AM To: Daniel Taylor Subject: RE: Buck Swamp Daniel, just in case we miss each other (I leave at 3): Everything looks fine as proposed. Except, the area circled in green on my image appears to be farther than 200 feet from the blue line stream. I missed this in the BPDP when it was approved and I apologize for that. Also, in order to get nutrient offset in this little area, the conservation easement will have to go all the way to the stream, for a contiguous mitigated riparian area. Conservation easements have to start from top of bank of mitigated stream /drainage riparian areas to be accepted for mitigation. As I recall, there is no drainage feature coming off that pond that is in -line with a stream, and therefore, you would have to use the blue line as your top of bank. I also failed to notice this and catch this in the BPDP, and I apologize for that as well. If you have questions, you can call me later. Other than that, this was my only comment. I didn't know if you were planning to use 100' buffers rather than 50' buffers for your buffer credits either. You'd want to modify this map for EEP if that's what you decide to do. As it appears to me, after it is all done, you would have no buffer mitigation credits, just nutrient offset as the Bank. Thanks, Katie From: Daniel Taylor [mailto:dtaylor(awildlandseng com] Sent: Friday, December 20, 2013 10:50 AM To: Merritt, Katie Subject: Re: Buck Swamp I have a conference call at 11 but I can call you after that. "Merritt, Katie" <katie.merritticncdenr.gov> wrote: hey Daniel, Take a look at the image attached. I will call you to discuss in a second. Thank you, Katie From: Daniel Taylor [ma i Ito: dtaylor @wiId land seng.com] Sent: Friday, December 20, 2013 9:57 AM To: Merritt, Katie Subject: Re: Buck Swamp The black would be removed from the bank and be submitted to eep as a fd. "Merritt, Katie" <katie.merritt9ncdenr.gov> wrote: Daniel, Is the black hashes showing what you would keep as the bank or provide for EEP FD? From: Daniel Taylor [ mailto :dtaylorCa)wildlandseng.com] Sent: Thursday, December 19, 2013 4:23 PM To: Merritt, Katie Subject: Buck Swamp Katie, I have attached a pdf with two draft credit generation figures. The second one is marked up showing what we may take out of the nutrient bank and. put in the full delivery proposal. Give me a call to discuss if needed. Thanks Site �orsia� __- - Drainage Feature Jurisdictional Streams Neuse Buffer Restoration Area Phase 1: 3.5 acres .' i Nutrient Offset Restoration Area Phase 1: 28.9 acres Phase 2: 15.2 acres World Transportation Nutrient Offset Credit Total: 100,240 Ibs of Nitrogen Phase 1: 65,690 Ibs of Nitrogen Phase 2: 34,550 Ibs of Nitrogen WILDLANDS ENGINEERING 0 200 400 Feet I I I WITWO Figure 4 Credit Generation Map Buck Swamp Site HUC 0320201 Wayne County, NC X° PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ( "Conservation Easement ") made this day of 2014 by and between Delmus Bridgers Family Limited Partnership, ( "Grantor ") and WEI -Buck Swamp, LLC. (Grantee). This is not the correct Grantor. We only have an UMBI for Wildlands Engineering Inc. Please correct to Wildlands Engineering Inc. 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 ( "Property"); WHEREAS, Grantee agrees that it shall cause the appropriate environmental mitigation and restoration to be accomplished on the Property as more particularly set forth herein and, upon completion such restoration, mitigation and a five year monitoring period, Grantee will transfer ownership of the conservation easement to a nonprofit corporation or trust whose purpose is the conservation of the property and which is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.§ 121 -35; 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: Buck Swamp, unnamed tributaries and open field ditches to Buck Swamp. The purpose of this Conservation Easement is to maintain riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. WHEREAS, the preservation of the Property is required by a Mitigation Banking Instrument for the WE41&- Wildlands Engineering, Inc WEI�Neuse 01 Riparian Buffer and Nutrient Umbrella Mitigation Bank. The Mitigation Bank is intended to be used to compensate for unavoidable buffer impacts authorized by permits issued by the North Carolina Division of Water Qtw ity-Resources (N D NCDWR) and to provide mitigation for nutrient offsets due to development (both existing and proposed) within restricted areas of the Neuse River Basin. Grantor and Grantee agree that third parry rights of enforcement shall be held by the N D NCDWR and that these rights are in addition to, and do not limit the rights of the parties to the Mitigation Banking Instrument. 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 Property described on Exhibit A, 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 Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the 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 Property 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 Property. C. Industrial, Commercial and Residential Use. Industrial, residential and /or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and /or signs identifying the Grantor as owner of the 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 aboveground storage tanks or other materials on the Property is prohibited. L 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 Property, except to restore natural 2 topography or drainage patterns. 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. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all- terrain vehicles, cars and trucks is prohibited. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his 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 Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the 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 Grantor, its successors and assigns, the right to construct a nutrient offset and riparian buffer mitigation bank on the Property, in accordance with the Buck Swamp Bank Parcel Development Plan approved on October 2 2012 in accordance with the Mitigation Banking Instrument for WEI's Neuse 01 Riparian Buffer and Nutrient Umbrella Mitigation Bank. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and N _ -D -W-QNCDWE, shall have the right to enter the Property at all reasonable times for the purpose of inspecting said 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 Property for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V 3 ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the 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. N D NCDWR shall have the same right to enforce the terms and conditions of this easement as the Grantee. 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 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 Property 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 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 Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of 11 NG-DWQNC-DWR. 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 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. 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 Property. Grantor shall keep the 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 Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extinguishment. In the event that changed conditions render impossible the continued use of the 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 Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this 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 unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. L Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): 5 To Grantor: Delmus Bridgers Family Limited Partnership 808 Logan Street Goldsboro, NC 27534 Attn: Delmus Bridgers To Grantee: WEI -Buck Swamp, LLC This entity does not have an UNIBI with the DWR and therefore must be corrected to Wildlands Engineering Inc. 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 Fax — 704 - 332 -3306 Attn: Shawn Wilkerson To NCDWR: NCDENR — Division of Water Resources 3Nrei1i ° ° 401 & Buffer Permitting Unit 4-604-1650 Mail Service Center Raleigh, NC 27699- 4k011650 J. 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. K. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in Section 2 of the Bank Parcel Development Plan, dated August 2012, 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 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 Property if there is a controversy over its use. 7 TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. Delmus Bridgers (SEAL) NORTH CAROLINA COUNTY OF I , a Notary Public in and for the County and State aforesaid, do hereby certify that Delmus Bridgers, representative of Delmus Bridgers Family Limited Partnership, 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 , 2014. My commission expires: Notary Public z EXHIBIT A 10 NUTRIENT EASEMENT]: BEGINNING at a point within a ditch on the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road), said beginning point being located N. 74° 18' 05" E. 30.06 feet from a Mag nail at the intersection of the centerline of N. C. Secondary Road No. 1333 (Old Kenly Road) and the center of a ditch extended, the most Southwestern corner at said road center of the property of J. L. Maxwell, Jr. et al as shown by deed recorded in Deed Book 823, Page 287 (Tract 1) in the Wayne County Registry; thence from the beginning, leaving the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road) with the center of a ditch and with the line of the property of J. L. Maxwell, Jr. et al, N. 74° 18' 05" E. 893.38 feet to a point in the center of a ditch; thence leaving the ditch, S. 59° 20' 19" E. 90.19 feet to a point; thence S. 35° 24' 36" W. 222.65 feet to apoint; thence S. 740 16' 13" W. 769.36 feet to apoint on the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road); thence with said road right of way, N. 190 18' 38" W. 205.89 feet to a point in the center of a ditch on the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road), the point of beginning containing 4.147 Acres more or less. NUTRIENT EASEMENT 2: BEGINNING at a point in the center of a ditch, said beginning point being located S. 760 52' 45" E. 62.71 feet, S. 800 55' 43" E. 49.95 feet, S. 850 27' 48" E. 52.43 feet, N. 890 56' 08" E. 51.66 feet, N. 850 43' 30" E. 48.80 feet, N. 820 31' 50" E. 72.00 feet, N. 810 30' 52" E. 98.02 feet, N. 800 59' 33" E. 102.91 feet, N. 130 49' 18" W. 30.09 feet, N. 150 49' 28" W. 87.59 feet, N. 140 22'40" W. 113.66 feet from a railroad spike at the centerline intersection of N. C. Secondary Road No. 1333 (Old Kenly Road) and N. C. Secondary Road No. 1002 (Pikeville- Princeton Road), and said beginning point being located N. 130 49' 18" W. 30.09 feet, N. 150 49' 28" W. 87.59 feet, N. 140 22' 40" W. 113.66 feet from a PK nail in the centerline of N. C. Secondary Road No. 1002 (Pikeville- Princeton Road), Mary Glenn Randall Pittman's most Southeastern corner at said road center as shown by deed recorded in Deed Book 2353, Page 277 (Second Tract) in the Wayne County Registry, and said beginning point being Paul Delmus Bridgers' most Northwestern property corner as shown by deed recorded in Deed Book 1517, Page 283 in the Wayne County Registry; thence from the beginning, with the centerline of a ditch and with the line of the property of Mary Glenn Randall Pittman, the following bearings and distances: N. 130 26' 39" W. 55.22 feet, N. 160 00' 01" W. 100.46 feet, N. 140 41' 50" W. 301.15 feet, N. 150 41' 31" W. 321.71 feet, S. 750 28' 45" W. 127.99 feet to a point at a bend in the ditch, Mary Glenn Randall Pittman's most Northwestern property corner as shown by deed recorded in Deed Book 2353, Page 277 (Second Tract) in the Wayne County Registry; thence with the center of a ditch and the line of the property of Gerald Randall McCall, N. 15° 25' 11" W. 204.97 feet to a point at a bend in a ditch; thence S. 780 02' 24" W. 64.24 feet to a point within a ditch intersection, Timothy F. Erdmann's most Southeastern property corner as shown by deed recorded in Deed Book 2557, Page 277 in the Wayne County Registry; thence leaving the line of the property of Gerald Randall McCall, with and beyond the line of the property of Timothy F. Erdmann, and to and with the line of the property of Joseph Brandon Reaves, and with the center of a ditch, N. 180 57' 36" W. 1,217.47 feet to a point within a ditch intersection, Joseph Brandon Reaves' most Northeastern property corner as shown by Estate File 010E -901 recorded in the office of the Clerk of Court of Wayne County; thence with the center of a ditch and with the line of the property of Joseph Brandon Reaves, S. 820 03'28" W. 639.58 feet to a point within a ditch on the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road), said point being located N. 820 03' 28" E. 30.60 feet from a Mag nail at the intersection of the centerline of N. C. Secondary Road No. 1333 (Old Kenly Road) and the center of a ditch extended; thence with the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road), N. 190 18' 38" W. 204.00 feet to a point on said road 11 right of way; thence leaving the Eastern right of way of N. C. Secondary Road No. 1333 (Old Kenly Road), N. 82° 03' 28" E. 679.79 feet to a point; thence N. 22° 59' 35" E. 556.50 feet to a point; thence S. 51 ° 45' 00" E. 204.52 feet to a point; thence N. 13° 03' 52" E. 92.77 feet to a point; thence N. 090 27' 01" E. 79.50 feet to a point in the center of the run of Buck Swamp; thence with the center of the run of Buck Swamp (the line), the following bearings and distances: N. 820 05' 53" E. 5.15 feet, N. 850 37' 11" E. 101.08 feet, S. 880 49' 46" E. 106.42 feet, S. 860 59' 23" E. 97.77 feet, S. 820 22' 54" E. 5.34 feet to a point in the center of the run of Buck Swamp; thence leaving the center of the run of Buck Swamp, S. 070 38' 5 F W. 98.90 feet to a point; thence S. 640 31' 41" E. 328.77 feet to a point; thence S. 020 24' 31" W. 271.69 feet to a point; thence S. 800 37' 57" W. 178.74 feet to a point; thence S. 150 10' 25" E. 125.91 feet to a point; thence S. 790 19' 32" W. 220.49 feet to a point; thence S. 090 05' 47" E. 692.05 feet to a point; thence S. 070 27' 35" E. 100.63 feet to a point; thence S. 080 17' 57" E. 102.79 feet to a point; thence S. 170 25' 44" E. 95.71 feet to a point; thence S. 200 18' 52" E. 235.78 feet to a point; thence S. 180 22' 11" E. 108.33 feet to a point; thence S. 150 42' 20" E. 74.87 feet to a point; thence S. 140 15' 29" E. 56.48 feet to a point; thence S. 140 03' 42" E. 34.86 feet to a point; thence S. 750 56' 18" W. 54.07 feet to a point; thence S. 150 03' 46" E. 619.65 feet to a point; thence with the line of Lot 1 of Jean -Del Estates, S. 800 43' 39" W. 86.65 feet to an iron rod found, the most Northwestern corner of Lot 1 of Jean -Del Estates as shown on map recorded in Plat Cabinet K, Slide 74 -F in the Wayne County Registry, and Paul Delmus Bridgers' most Northeastern property corner as shown by deed recorded in Deed Book 1517, Page 283 in the Wayne County Registry; thence continuing and with the line of the property of Paul Delmus Bridgers, S. 800 43' 39" W. 110.25 feet to an iron rod found; thence continuing S. 800 43' 39" W. 10.00 feet to a point in the center of a ditch, the most Northwestern corner of the property of Paul Delmus Bridgers as shown by deed recorded in Deed Book 1517, Page 283 in the Wayne County Registry, the point of beginning containing 35.072 Acres more or less. NUTRIENT EASEMENT 3: BEGINNING at a point, said beginning point being located N. 010 46' 39" E. 787.86 feet from an iron rod found at the most Northwestern corner of Lot 2 of Jean -Del Estates as shown on map recorded in Plat Cabinet K, Slide 74 -F in the Wayne County Registry; thence from the beginning, S. 730 16' 55" W. 112.55 feet to a point; thence S. 430 19' 19" W. 121.70 feet to a point; thence N. 140 15' 29" W. 31.39 feet to a point; thence N. 150 42' 20" W. 76.31 feet to a point; thence N. 180 22' 11" W. 109.94 feet to a point; thence N. 200 18' 52" W. 235.45 feet to a point; thence N. 170 25' 44" W. 91.51 feet to a point; thence N. 080 17' 57" W. 99.31 feet to a point; thence N. 070 27' 35" W. 99.92 feet to a point; thence S. 870 26' 40" E. 297.46 feet to a point; thence N. 840 56' 50" E. 77.84 feet to a point; thence S. 000 02' 12" E. 18 8.5 9 feet to a point; thence S. 030 45' 50" E. 173.69 feet to a point; thence S. 560 38' 36" W. 56.16 feet to a point; thence S. 140 53' 17" E. 200.29 feet to a point, the point of beginning containing 4.311 Acres more or less. NUTRIENT EASEMENT 4: BEGINNING at a point, said beginning point being located N. 140 37' 22" W. 2,012.10 feet from a railroad spike found at the centerline intersection of N. C. Secondary Road No. 1002 (Pikeville- Princeton Road) and the center of the run of Buck Swamp extended; thence from the beginning S. 860 13' 14" W. 163.08 feet to a point; thence N. 020 57' 09" W. 439.36 feet to a point; thence N. 020 24' 31" E. 246.32 feet to a point; thence N. 300 00' 44" E. 144.46 feet to a point in the center of the run of Buck Swamp; thence with the center of the run of Buck Swamp, S. 590 59' 16" E. 41.59 feet to a point in the center of Buck Swamp; thence with the center of the run of Buck Swamp, S. 370 07' 08" E. 52.35 feet to a point in the center of the run of 12 Buck Swamp; thence leaving the center of the run of Buck Swamp, S. 12° 28' 36" E. 123.25 feet to a point; thence S. 13° 02' 25" W. 47.00 feet to a point; thence S. 00° 54' 18" W. 276.53 feet to a point; thence S. 40° 56' 41" E. 19.89 feet to a point; thence S. 02° 08' 42" E. 279.22 feet to a point, the point of beginning containing 2.811 Acres more or less. 13