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
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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
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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.
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