HomeMy WebLinkAbout20201664 Ver 2_Bells Bridge White restated CE_20220607Page 1 of 19
Excise Tax: NTC
PREPARED BY:
Joseph B. Bass III of Manning, Fulton &
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Restoration Systems, LLC
Attn: Barrett Jenkins
1101 Haynes St. Suite 211
Raleigh, NC 27604
AMENDED AND RESTATED P
THIS AMENDED AND RES
("Conservation Easement") is
Leggett and husband Quentin
Carolina, whose address isle
Brady a/k/a Mary Patterson
Agent, Mary Patt-. •s
whose address is
referred to s "Grant
company, who
Type: CONSOLIDATED REAL PROPERTY
Recorded: 4/26/2022 2:50:10 PM
Fee Amt: $42.00 Page 1 of 19
Receipt#: 202100007346
Revenue Tax: $0.00
Halifax, NC
Christie C Avens Register of Deeds
BK 2697 PG 172 - 190
Skinner P.A.
M ,T CONSERVATION EASEMENT
PERMANENT CONSERVATION EASEMENT
February 16, 2022, by and between Janet White
ett"natural persons residing in Rocky Mount, North
r Road, Rocky Mount, NC 27804, and Mary Pat White
y and husband Donald Earl Brady, by and through his
y, natural persons residing in Winterville, North Carolina,
Branches Close, Winterville, NC 28590 (hereinafter collectively
a d Restoration Systems, LLC, a North Carolina limited liability
is 1101 Haynes Street, Suite 211, Raleigh, NC 27604, Attn: Barrett
Jenkins (hereinafte rerred to as "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 and Grantee entered into that certain Permanent Conservation
Easement dated February 9, 2022, and recorded February 16, 2022, in Deed Book 2689, Page 367,
Halifax County Registry (the "Original Easement").
3646269v3.TRL.26275.T29701
submitted electronically by "Wellman & white, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Halifax County Register of Deeds.
Book: 2697 Page: 172 Page 1 of 19
Page 2 of 19
WHEREAS, by inadvertence, the Original Easement placed broader restrictions on
Grantor's Land (as hereinafter defined) than was intended by the parties;
WHEREAS, the parties hereby amend and restate the Original Easement in its entirety, and
this Amended and Restated Permanent Conservation Easement shall control and govern over the
Original Easement; provided, however, that for purposes of priority, this Conservation Easement
shall be effective as of the date and time of filing the Original Easement given that this
Conservation Easement affects the same Property (as hereinafter defined) as the Original Easement
but merely reduces certain restrictions on Grantor's Land;
WHEREAS, Grantor owns in fee simple approximately 36.30 a of 1 property
situated, lying, and being in Halifax County, North Carolina, more pa t'c r. d ed in Exhibit
A attached hereto and incorporated herein (the "Property"), w 'eh s c.. ' op ' y is located over
and upon that certain larger tract of land owned in fee simpl iy�to and described on Exhibit
B attached hereto and incorporated herein ("Grantor's L.
WHEREAS, Grantee is a North Carolin li ompany whose purpose is the
conservation of property and who is qualifie e the ¢rcntee of a conservation easement under
N.C. Gen. Stat.§ 121-35;
WHEREAS, Grantor and G
value of the Property in its nat
Pamlico River Basin, unnam
The purpose of this Cons sxv
and ecological resources,
development of th
maintenance of l
ognizi he conservation, scenic, natural, or aesthetic
ich includes the following natural communities: Tar-
n field ditches, and the adjacent riparian resources.
nt is to restore and maintain riparian resources, aquatic
atural values of the Property and to prevent the use or
any purpose or in any manner that would conflict with the
ty in its natural condition.
preservation of the Property is required by Grantee's Roseneath Umbrella
Nutrient Offset ng Instrument in the Tar -Pamlico River Basin (the "NOBI") (NCDWR #
2020-1664v2) that was approved by the North Carolina Division of Water Resources ("NCDWR")
on November 29, 2021. The NOBI is between Grantee, acting as the "Bank Sponsor", and
NCDWR. The use of the Property in accordance with this Conservation Easement is to restore the
Property (as hereinafter defined) to a natural vegetated condition as provided in and specified in
the Bells Bridge Bank Parcel Development Package (the "BPDP") which was approved by
NCDWR on November 29, 2021. The approval of the NOBI and the BPDP allow Grantee to
establish the Bells Bridge Bank Parcel on the Property (the "Mitigation Bank"). The Mitigation
Bank is intended to provide nutrient offsets for impacts permitted by NCDWR due to development
(both existing and proposed) within restricted areas of the Tar -Pamlico River Basin. Grantor and
Grantee agree that third -party rights of enforcement shall be held by NCDWR, to include any
3646269v3.TRL.26275,T29701
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successor agencies, and that such rights are in addition to, and do not limit, the rights of Grantee
to comply with its NOBI and its BPDP with the NCDWR.
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 are hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors, and assigns, 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 and with
a right of access, as follows:
ARTICLE I.
DURATION OF EASEMENT; AREA OFA
This Conservation Easement, including all app
perpetual. This Conservation Easement, including a
easement in gross, runs with the land, and is e
personal representatives, heirs, successors an
II.
PROHIBITENJ7f EST CTED ACTIVITIES
t forth herein, shall be
rights set forth herein, is an
tee against Grantor, Grantor's
ees, agents, and licensees.
Any activity on, or us of, the r pe ,ry inconsistent with the purpose of this Conservation
Easement is prohibited. _ r.e "r erty sha 1 be preserved in its natural condition and restricted from
any development that wo it air • r interfere with the conservation values of the Property.
Without limiting t f the foregoing, the following activities and uses are expressly
prohibited, restrrl, r.• •eserved as indicated hereunder:
A. Di -bailee . Natural Features. Any change disturbance, alteration, or impairment of
the natural fea the Property or any introduction of non-native plants 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 commercial
activities, including any right of passage for such purposes, are prohibited in the Property.
3696269v3.TRL.26275.T29701
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D. Agricultural, Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry,
and horticultural use on, over, upon, or within the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting, or mowing
of trees, shrubs, or other vegetation on, over, upon, or in the Property, 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
(5) consecutive years from the date on page 1 of this Property, except where mowing will
negatively affect vegetation or disturb soils. Mowing activities shall only be performed by Grantee
and shall not violate any part of Item L of Article II or extend beyond five 5) years from the date
on page 1 of this Conservation Easement.
F. Roads and Trails. There shall be no construction of roa
upon, or the Property nor enlargement or modification to existi
G. Signage. No signs shall be permitted on o
trespassing signs, signs identifying the conservatio
or proscribing rules and regulations for the us
owner of the Property.
ds, ` c v t ff ways on, over,
rails, or walkways.
r o -r the Pr. pert , except the posting of no
operty, signs giving directions
, or signs identifying Grantor as
H. Dumping or Storage. Dump' ors ra - e soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery, ha s substances, or toxic or hazardous waste, or any
placement of underground or storage tanks or other materials on the Property is
prohibited.
I. Excavation Dre. _r • 4 = A 'neral Use. There shall be no grading, filling, excavation,
dredging, mining,removal of topsoil, sand, gravel, rock, peat, minerals, or other
materials; and n+ cran:e 'n the topography of the land in any manner on the Property, except to
restore nat 1 topo ap by r drainage patterns.
J. Water __u. 't and Draina_e 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 Property by any means, removal of wetlands,
polluting, or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished
by this Conservation Easement shall be transferred under a transferable development rights scheme
or cluster development arrangement or otherwise.
3646269v3.TRL.26275.T29701
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L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars, and trucks is prohibited on, over, upon, or within
the Property, other than for temporary or occasional access by Grantee, its employees, contractors,
agents, successors, assigns, and NCDWR for purposes of constructing, maintaining, or monitoring
the restoration of riparian areas within the Property.
M. Other Prohibitions. Any other use of, or activity on, over, upon, or 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 RESERVED RIGHTS
Grantor expressly reserves for itself, its personal representative err uccessors, and assigns,
the right to continue the use of the Property for all purpose o' inco e with this Conservation
Easement, including, but not limited to, the right to quieto the Property, the rights of
ingress and egress, the right to hunt, fish, and hike a r .h P.s •e the right to sell, transfer, gift,
or otherwise convey the Property, in whol in r, r . provided such sale, transfer, or gift
conveyance is subject to the terms of, and s - fi►y refe . ces, this Conservation Easement.
Notwithstanding the foregoing res
instrument, Grantee reserves fo
right to construct a Mitigatio
areas within the Property 'n a
:01 in Article II above and otherwise in this
as the Bank Sponsor, its successors and assigns, the
rformn activities related to the restoration of riparian
ith the approved NOBI and corresponding BPDP.
ARTICLE IV.
RA `rY E'S RIGHTS; ACCESS EASEMENT
Grantee an authored representatives, employees, agents, successors, assigns, and NCDWR,
shall have the r'rr • enter the Property (including access over Grantor's Land) at all reasonable
times for the purpose of inspecting said Property to determine if Grantor or its personal
representatives, heirs, successors, or assigns are complying with the terms, conditions, restrictions,
and purposes of this Conservation Easement. 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.
Accordingly Grantor hereby grants and conveys unto Grantee, its authorized
representatives, employees, agents, successors, assigns, and NCDWR a perpetual, non-exclusive
easement for ingress and egress over and upon the Grantor's Land at all reasonable times and at
the location more particularly described on Exhibit A ("Access Easement") attached hereto and
3 646269 v3 .TRL.26275.T 29701
Book: 2697 Page: 172 Page 5 of 19
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incorporated herein by this reference, to access the Property for the purposes set forth herein. This
grant of easement shall not vest any rights in the public and shall not be construed as a public
dedication of the Access Easement. Grantor covenants, represents, and warrants that it is the sole
owner of and is seized of Grantor's Land in fee simple and has the right to grant and convey this
Access Easement.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Conservation Easement, Gr". i tee and the NCDWR
are allowed to prevent any activity, on or use of, the Property that is inconsis .-r with purposes
of this Conservation Easement and to require the restoration of x a. as az : tures of the
Property that may be damaged by such activity or use. Upo any or - a ' the terms of this
Conservation Easement by Grantor that comes to the attention a Gr.,i`.ee, Grantee shall notify
Grantor in writing of such breach. Grantor shall have th': 1} da r receipt of such notice
to correct the conditions constituting such breach. If thains uncured after thirty (30)
days, Grantee may enforce this Conservation Easem .n b a .ro. iti to legal proceedings including
claims for damages and injunctive and other 1 land ita.'e relief.
Notwithstanding the foregoing, Grante z _p sery e immediate right, without notice, to obtain a
temporary restraining order or inr o .-r• appropriate relief if the breach of this
Conservation Easement is or w+ tc "_re re ibly or otherwise materially impair the benefits to be
derived from this Conservat'.o Ease .7 nt. kfrantor and Grantee acknowledge that under such
circumstances damage to Gr r ee wou d be irreparable and remedies at law will be inadequate.
The rights and remedies o ra .t c p : vided hereunder shall be in addition to, and not in lieu of,
all other rights and able to Grantee in connection with this Conservation Easement.
The costs of a ch, +rrectto , or restoration, including Grantee's expenses, court costs, and
reasonable attorne e-, shall be paid by Grantor, provided Grantor is determined to be
responsible the bre c h. NCDWR shall have the same right to enforce the terms and conditions
of this Consery ri - . serpent as Grantee.
B. No failure on the part of 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 Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third
parties, except Grantor's lessees, agents, contractors, or invitees; or from any prudent action taken
in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant
3646269v3.TRL.26275.T29701
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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, that Grantor owns all interests in the Property which may be impaired by the granting of
this Conservation Easement, and 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 also warrants that Grantee shall have the use and enjo; ent of all the benefits
derived from and arising out of this Conservation Easement and that Gra • willjvarxant and
defend title to the Property against the claims of all persons whatso
B. Subsequent Transfers. Grantor agrees to incorporat try e t7 n s of this Conservation
Easement in any deed or other legal instrument that trans - u y i .e - s ,: n all or a portion of the
Property. Grantor agrees to provide written notice of s h transf to (srantee at least thirty (30)
days before the date of the transfer. Grantor and Gr .ee ee t the terms of this Conservation
Easement shall survive any merger of the fee a ests in the Property or any portion
thereof and shall not be amended, modifie ithout the prior written consent and
approval of NCD WR.
C. Assignment. The parties re • _ e and agree that the benefits of this Conservation
Easement are in gross and a 'gnat e; p 'ded, however, that Grantee hereby covenants and
agrees that, in the event it tr. nsfers ar assigns this Conservation Easement, the organization
receiving the interest wil older under N.C. Gen. Stat. § 121-34, et seq. and § 170(h)
of the Internal Rev ,emu Co z d rantee also covenants and agrees that the terms of the transfer
or assignment w'i1 b- c .+ t R transferee or assignee will be required to continue in perpetuity
the conservation p escribed in this document.
D. Enti l re 1.' ent and Severabilit The combined NOBI with corresponding BPDP and
this instrument ssoorth the entire agreement of the parties with respect to the Conservation
Easement and supersedes 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 and
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,
3646269v3,TRL,26275.T29701
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upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall
relieve Grantor of the obligation to comply with federal, state, or local laws, regulations, and
permits that may apply to the exercise of Grantor's reserved rights set forth in Article III.
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 nservation Easement,
Grantor and Grantee shall join in appropriate actions at the time of such to s. to recover the full
value of the taking, and all incidental and direct damages due to the
H. Eminent Domain Proceeds. This Conservation Eas Pm: nt i stitutes a real property
interest immediately vested in Grantee. In the event that . a p:rL:o if this Property is sold,
exchanged, or involuntarily converted following an e nguishr - t the exercise of eminent
domain, Grantee shall be entitled to the fair marl - v oft ' Conservation Easement. The
parties stipulate that the fair market value of o va , asement shall be determined by
multiplying the fair market value of the Prered by this Conservation Easement
(minus any increase in value after the d e if isg -ant attributable to improvements) by the ratio
of the value of this Conservation E.,se en th ne of this grant to the value of the Property
(without deduction for the value of onservation Easement) at the time of this grant. The
values at the time of this grant . e t es used, or which would have been used, to calculate
a deduction for federal inco es, under Section 170(h) of the Internal Revenue Code
(whether eligible or inelideduction). Grantee shall use its share of the proceeds in
a manner consistent w th- poses of this Conservation Easement.
I. Notifica
this Cons
following ad
this Paragraph):
notice, request for approval, or other communication required under
shall be sent by registered or certified mail, postage prepaid, to the
such address as may be hereafter specified by notice in accordance with
To Grantor (as applicable):
Janet White Leggett and
Quentin Wade Leggett
3609 Woodlawn Road
Rocky Mount, NC 27804
3646269v3.TRL.26275.T29701
Book: 2697 Page: 172 Page 8 of 19
Page9of19
Mary Patterson White Brady
and Donald Earl Brady
162 Pine Branches Close
Winterville, NC 28590
To Grantee:
Restoration Systems, LLC
1101 Haynes Street
Suite 211
Raleigh, NC 27604
Attn: Barrett Jenkins
To NCDEQ -DWR:
NCDEQ — Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
J. Failure of Grantee. If at any time
Easement, or if Grantee ceases to be a
after the occurrence of one of these e
this Conservation Easement, t
grantee in accordance with a
una or fails to enforce this Conservation
nee, and if within a reasonable period of time
s to make an assignment in accordance with
interest shall become vested in another qualified
ceding in a court of competent jurisdiction.
K. Amendment. Th . o .se:. A d Easement may be amended but only in a writing signed
by all parties her- i as tra ' ded such amendment does not affect the qualification of this
Conservation E - i` or t atus of Grantee under any applicable laws and provided such
amendment is con ;nt v'.h the conservation purposes of this grant.
L. Preseon . tion of the Pro.ert The wetlands, scenic, resource, environmental, and
other natural charristics of the Property, and its current use and state of improvement, are
described in the BPDP, prepared by Grantee acting as the Bank Sponsor for the BPDP. The BPDP
is acknowledged by Grantor to be complete and accurate as of the date hereof. Grantor has copies
of the BPDP. The BPDP 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, the BPDP
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.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
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IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and
year first above written.
GRANTOR:
Ld!
Janet White Leggett
Quentin Wade L _ett
STATE OF NORTH CAROLINA
COUNTY OF HALIFAX
{SEAL'
[SEAL]
I, William O.White, Jr. , a Nota y u of aforesaid County and State,
certify that Janet White Leggett and Quentin de e_ het sonally came before me this day
and acknowledged that they voluntarily si d t ti fore?o'_ g instrument for the purpose stated
therein.
WITNESS my hand and offic ey ►is the ' 2nd day of April
NOTARY PUBLIC
My Commission Expires: August 27, 2025.
[Additional signatures to follow.]
, 2022.
3654820v l .JBB.26275.T29702
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GRANTOR:
Mary Pat
alkla Mary
NORTH CAROLINA
HALIFAX COUNTY
yak
i r
ite Brady
tterson White Brady
1, Nancy Wiley, a Notary Public of Warren Cou
that Mary Pat White Brady alk/a Mary Patterson White
individual capacity, who proved her identity to my
this day and acknowledged the due execution o
therein.
(SEAL)
rya, do certify hereby
ofDonald Earl Brady, in her
sonally appeared before me
strument for the purpose stated
Witness my hand and official stip o; s'this the 22"a day of April, 2022.
cy Willy, Notary
My Commission
Book: 2697 Page: 172 Page 11 of 19
Page 12 of 19
Donald Earl Brady
Mary er �, White Brady, Age
NORTH CAROLINA
HALIFAX COUNTY
I, Nancy Wiley, a Notary Public of Warren Cou
Donald Earl Brady, by and through his Agent, Mat
identity to my satisfaction, personally appeare
says that she executed the foregoing and a
Brady; that her authority to execute and a,
instrument duly executed and acknow
the Register of Deeds for Pitt County,
227, Pitt Public Registry; this in
by said instrument granting he
acknowledged the due executi
therein expressed for and
(SEAL)
(SEAL)
arolina, do certify that
e Brady, who proved her
y, and being by me duly sworn,
t for and on behalf of Donald Earl
ge said instrument is contained in an
February 28, 2022, recorded in the Office of
arolri3�a. on March 3, 2022, in Book 4252, Page
executed under and by virtue of the authority given
ey; and that the said Mary Patterson White Brady
regoing and annexed instrument for the purposes
said Donald Earl Brady.
'a1 seal, this the 22nd day of April, 2022.
Wae
ancy Wiley, Notary ublic
My Commiss r "" 6.gb„ une 18, 2026.
Ire
t,
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Page 13 of 19
AGENT'S CERTIFICATION AS TO THE VALIDITY OF
POWER OF ATTORNEY AND AGENT'S AUTHORITY
(G.S. 32C-3-302)
I, Mary Patterson White Brady, hereby do state and affirm the following under penalty of
pei j ury:
(1) My husband, Donald Earl Brady, hereinafter sometimes referred to as "Principal,"
granted me authority as his Agent under a Durable Power of Attorney dated February 28, 2022,
recorded on March 3, 2022, in Book 4252, Page 227, Pitt Public Registi
(2) The powers and authority granted to me in the Durarney
currently are exercisable by me.
(3)
I have actual knowledge of the following:
(a) The Principal is not deceased.
(b) The Durable Power of Attorney or my aut .o Ay as agent under the
Durable Power of Attorney In.. een r yoked or terminated, partially
or otherwise.
(c) The Principal did not anding and capacity to make and
communicate deci ' an r gtt ding his estate and person at the time the
Durable Power , ttorn as executed.
(d) The Durable P r Attor ' y was properly executed and is a legal,
valid Durof Attorney.
I agree not to exercise
become aware that the Pi
revoked or terminateor th
been revoked or t-r
granted under the Durable Power of Attorney if I
ed; that the Durable Power of Attorney has been
ority as agent under the Durable Power of Attorney has
This * e 22' a o `' ' pril, 2022.
(SEAL)
Mary Patter on White Brady
162 Pine B ches Close
Winterville, NC 28590
NORTH CAROLINA
HALIFAX COUNTY
Sworn to and subscribed before me this the 22nd day of April, 2022, by Mary Patterson
Book: 2697 Page: 172 Page 13 of 19
Page 14 of 19
White Brady, who proved her identity to my satisfaction.
ancy Wile /, Notary Public
My Commission Expires: June 18, 2026.
Rt
o (<\
Book: 2697 Page: 172 Page 14 of 19
Page 15 of 19
AGREED AND ACCEPTED BY GRANTEE:
Restoration Systems, LLC,
a North Carolina limited liability co pany
By:
Name:
Title:
�SAL1
r
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person personally appeared
to me that 1.4 . 140+ signed the
authorized signatory or Restoration Systems, LLC:
is day, acknowledging
ument as the duly
WITNESS my hand and official seal, t .'s cta i , 2022.
oea�eya11insu,,'e,
y �, �� ''/ ,s,J NC7'I'ARY PUBLIC
45.
_ Ms' comm. ELp
03-04-2023
rp�sFJQd saa�aes `1 °�`,
3646269v3.TR1,.26275.T29701
Commission Expires:
3I1423
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EXHIBIT A
PROPERTY DESCRIPTION
(CONSERVATION EASEMENT AREA AND ACCESS EASEMENT DESCRIPTION)
Conservation Easement Area 1B
BEING ALL OF Conservation Easement Area of the Bells Bridge Site over a portion of the lands
of Janet White Leggett and Mary Pat White Brady (PIN No. 4854-00-79-1252) lying and being
situated in Roseneath Township, Halifax County, North Carolina and particularly described as
follows (all distances are ground distances unless otherwise noted):
Beginning at an iron stake (Point of Beginning) labeled as Poin r. a 10 _r g the most
Northern corner of the Conservation Easement Area and being to c: ted h °42' 16" West
3395.33 feet from an iron stake (Point No. 82) with N.C. Grid ( ordi i N= 50,055.0158'
E- 2,457,513.7693' (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 10), S
thence South 70°56' 15" East 78.94' to an iron stak
stake; thence South 81°08'31" East 61.16' to an
an iron stake; thence South 85°00'41" East 4
87.75' to an iron stake; thence South 7
58°27'24" East 55.92' to an iron stake;
South 52°40' 16" East 30.35' to an it
thence South 71°55'11" East 38.81' to
stake; thence South 51°09'39"
stake; thence South 33°21'09
an iron stake; thence So 2 h 3
196.34' to an iron stake,
44°57'06" East 12%. o
thence South 22° 3'
monumented cot
8.97' to at e'nt; then
145.72' to an iron stake;
'36'20" East 97.83' to an iron
South 69°11'36" East 32.50' to
n stake; thence South 79°30'46" East
ast 1.27' to an iron stake; thence South
h 56°53'04" East 86.44' to an iron stake; thence
lent. c outh 65°43'23" East 131.98' to an iron stake;
n stake; thence South 65°43'44" East 31.58' to an iron
an iron stake; South 43°07'39" East 87.08' to an iron
6' an iron stake; thence South 25°13'48" East 91.64' to
st 214.67' to an iron stake; thence South 24°41'44" East
59°19'52" East 86.79' to an iron stake; thence South
on stake; thence South 35°34'46" East 153.62' to an iron stake;
' to an iron stake; thence South 72°58' 15" West 203.51' to a non-
e North 24°38'51" West 14.91' to a point; thence North 49°41'07" West
63°26'08" West 40.39' to a point; thence North 24°24'14" West 8.41'
to a point; tt ce Nor 1. 54°31'57" West 23.13' to a point; thence North 43°23'51" West 32.09' to
a point; thence as 7°28'33" West 90.04' to a point; thence North 55°43'17" West 71.91' to
point; thence North 42°25'30" West 64.95' to a point; thence North 42°31'00" West 52.39' to
point; thence North 20°00'45" West 49.19' to a point; thence North 22°51'58" West 124.57' to
point; thence North 35°32'41" West 152.22' to a paint; thence North 35°37'00" West 68.28' to
point; thence North 04°12'24" West 24.80' to a point; thence North 01 °40'04" East 29.11' to
point; thence North 39°26'28" West 40.71' to a point; thence North 20°39'52" West 51.11' to
point; thence North 54°32'15" West 20.48' to a point; thence North 17°59'27" West 28.16' to
point; thence North 68° 16'24" West 25.64' to a point; thence North 29°31'02" West 37.94' to
paint; thence North 88°37'07" West 20.13' to a point; thence North 60°38'02" West 50.56' to
point; thence North 70°19'52" West 30.81' to a point; thence North 63°10'26" West 108.56' to
point; thence North 56°39'20" West 12.85' to a point; thence North 47°39'47" West 22.09' to
point; thence North 77°21'00" West 27.77' to a point; thence North 57°08'49" West 23.30' to
point; thence North 39°40' 18" West 33.58' to a point; thence North 59°31'49" West 29.55' to
a
a
a
a
a
a
a
a
a
a
a
a
a
3646269v3.TRL.26275.T29701 13
Book: 2697 Page: 172 Page 16 of 19
Page 17 of 19
point; thence South 80°45'59" West 25.58' to a point; thence North 65°26'25" West 50.24' to a
point; thence North 88°38'26" West 34.11' to a point; thence North 77°17'41" West 31.71' to a
point; thence North 89° 11' 14" West 31.33' to a point; thence North 71 ° 17'41 " West 34.90' to a
point; thence North 87°28' 17" West 30.17' to a point; thence North 70°32'27" West 15.47' to a
point; thence North 81 °45'09" West 60.19' to a point; thence North 66°52'49" West 49.08' to a
point; thence North 70°45'51" West 74.14' to a point; thence North 73°52'15" West 49.20' to a
point; thence North 78°11' 10" West 80.00' to rail road track; thence North 01°21'28" West 235.20'
to an iron stake, the Point of Beginning (Point No.10), containing approximately 10.55 acres.
Conservation Easement Area 2
BEING ALL OF Conservation Easement Area of the Bells Bridge Site o -i portion of the lands
of Janet White Leggett and Mary Pat White Brady (PIN No. 4854-00-79- 7 "?) ly. and being
situated in Roseneath Township, Halifax County, North Carolina .P tic a described as
follows (all distances are ground distances unless otherwise noted):
Beginning at an iron stake (Point of Beginning) labeled as
corner of the Conservation Easement Area and being 1
from an iron stake (Point No. 82) with N.C. Grid Coot
E= 2,457,513.7693' (NAD '83, 2011).
being the most Eastern
6'45" East 2038.43 feet
0,055.0158'
Thence from the Point of Beginning (Point 56'06" West 137.71' to an iron stake;
thence South 01°49'31" East 142.57' to - r, ii an ;1ce; thence South 82°44'19" West 60.68' to an
iron stake; thence North 88°31'41" an iron stake; thence North 75°07'06" West
38.53' to an iron stake; thence No '36est 32.32' to an iron stake; thence North
56°51'00" West 43.86' to an irence North 88°13'34" West 167.21' to an iron stake;
thence South 63°19'40" Wes. •3.40 n 'r stake; thence South 82°13'51" West 172.42' to an
iron stake; thence North 87" 13'52" W eat 83.56' to an iron stake; thence North 81 °04' 19" West
87.26' to an iron stake, ` er ce Nort 1 ° 10' 10" West 63.63' to an iron stake; thence North
71 ° 10' 10" West 43.68' to ar > s n c+a thence South 76°25'51" West 71.04' to an iron stake; thence
North 88°18'24" west 9'., an iron stake; thence North 72°58'37" West 298.00' to an iron
stake; thence Net "')9'42 ` ' est 275.58' to an iron stake; thence North 52°06'07" West 87.01'
to an iron stake; th h 25'38'28" West 86.66' to an iron stake; thence North 00°38'37" East
92.71' to a i • n stale ; , ence North 24°22'17" East 85.20' to an iron stake; thence North 47°20'26"
East 67.64' t iro'i take; thence North 60°58'18" East 90.48' to an iron stake; thence North
23°52'15" East "' . t C to an iron stake; thence North 07° 16'30" West 74.03' to an iron stake; thence
North 08°36'05" East 62.68' to an iron stake; thence North 24°20'28" East 48.02' to an iron stake;
thence North 40°41'22" East 73.50' to an iron stake; thence North 62°34'01" East 76.87' to an iron
stake; thence North 81 °45' 13" East 72.63' to an iron stake; thence South 75°22'27" East 81.06' to
an iron stake; thence South 58°25'04" East 504.70' to an iron stake; thence South 47°35' 19" East
51.05' to an iron stake; thence South 40°56'40" East 75.82' to an iron stake; thence South 34°46'16"
East 176.50' to an iron stake; thence South 72°11'37" East 135.12' to an iron stake; thence North
86°03'33" East 78.31' to an iron stake; thence North 65°56'59" East 92.02' to an iron stake; thence
North 79°11'51" East 76.88' to an iron stake; thence North 86°02'37" East 60.39' to an iron stake;
thence South 85°52'37" East 226.98' to an iron stake; thence South 77°47'14" East 105.87' to an
iron stake; thence South 88'27'07" East 44.98' to an iron stake; thence North 67°41'04" East 50.29'
to an iron stake; thence North 82°43'38" East 46.50' to an iron stake; thence South 07°35'33" East
281.51' to an iron stake, the Point of Beginning (Point No.35), containing approximately 25.75
3646269v3.TRL,26275.T29701 14
Book: 2697 Page: 172 Page 17 of 19
Page 18 of 19
acres.
ALL OF THE FOREGOING CONSERVATION EASEMENT AREAS as shown on plat of
survey titled "Conservation Easement for Restoration Systems, LLC, over a Portion of the Lands
of Ray Boyette, P.C. 1, SL. 351 and Janet White Leggett & Mary Pat White Brady, Current Owners
per Halifax County GIS Website (PIN Number 4854-00-79-1252), Bells Bridge, Roseneath
Township, Halifax County, North Carolina" dated January 10, 2022, by K2 Design Group, and
recorded in Book of Maps 2022, Page 4-5, Halifax County Register of Deeds.
THE FOREGOING CONSERVATION EASEMENT AREA 1 TOGETHER WITH that certain
new thirty (30) feet -wide non-exclusive access easement for ingress, egres. , and regress labeled
as "Access Easement 1", as shown on the foregoing described plat of suave; corden Book of
Maps 2022, Page 4-5, Halifax County Register of Deeds.
o (<\
3646269v3.TRL.26275.T29701 15
Book: 2697 Page: 172 Page 18 of 19
Page 19 of 19
EXHIBIT B
DESCRIPTION OF GRANTOR'S LAND OVER WHICH THE PROPERTY
{CONSERVATION EASEMENT) IS LOCATED
PROPERTY DESCRIPTION
(PIN 1000405)
All that certain tract or parcel of land lying and being situate in R. - neath Township,
Halifax County, North Carolina, more particularly described as follows:
BEING A PORTION OF THAT TRACT OF LAND 1
namely, that part of the Maniza tract located on the northern si
(Bells Bridges Road) as shown and designated on that ce
WHITE `MANIZA TRACT'," dated August 1, 1981, p
Surveyor, recorded on Page 260, as an attachment t' th
Halifax Public Registry, more particularly descr'i
BEGINNING at a point in the cente
Road) where said road crosses the mai
thence along the centerline of NC St
feet to the run of Bird Branch, which is
the centerline of NC State Ro
Bird Branch in a northwesterl
thence along the Bryan la
Turner Whitehead Estate; t
30' E., 1699 feet to t4
Whitehead and a
the ditch analong
more or less . a n old
and distances:
o.
directio
. long t
e_o a
e S.
own
pared b.
eed rec
iza" Tract,
State Road No. 1100
entitled, "JAMES A.
•les H. Hale, Registered
ded in Book 1320, Page 258,
C St .t~ Road No. 1100 {Bells Bridges
Creek, corner of land of Mrs. A. M. Perry;
0 (Bells Bridges Road) S. 76° W., 5450
eastern line for Gerson Boyette property; thence from
lls Bridges Road) and running along the run of
01 t'1 feet to an iron at an old chopped black gum;
branch N. 67° W., 335 feet to an iron, a corner of
g an old chopped line and along the Whitehead line N. 8°
fence and a big chopped gum; thence continuing along
1° 15' E., 595 feet to an old pine stump at a ditch; thence along
d S. 81° 15' E., 884 feet; thence along the run of a branch 1350 feet
pped gum; thence continuing along the branch the following courses
b E., 1062 feet; N. 64° E., 830 feet; N. 85° E., 190 feet; S. 59° E., 110
feet; S. 34° E., 351 eet to a gum in the branch; thence continuing along the run of the branch in a
southeasterly direction 3060 feet, more or less, to the main run of Deep Creek; thence along the
main run of Deep Creek in a southwesterly direction 175 feet to the centerline of SR 1100, the
point of beginning, containing approximately 341 acres.
Book: 2697 Page: 172 Page 19 of 19