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HomeMy WebLinkAbout20201664 Ver 2_Bells Bridge Boyette restated CE_20220607Page 1 of 14 I Pursuant to GS.161-31 this certifies to the Halifax County Register of Deeds that no delinquent ad valorem real estate taxes or other taxes which the Halifax County Tax Collector is charged with collecting are a ken on the property described In the attached deed and identified as part or all of TAX PARCEL # /0 "0W' This certification does not constitute a writteyreeTi ficate under G.5.105- . 1. 74) 0 f Zo2Z Date Hal Taxcollecto Excise Tax S127.00 PREPARED BY: Joseph B. Bass III of Manning, Fulton & Skinner P.A. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Restoration Systems, LLC Attn: Barrett Jenkins 1101 Haynes St. Suite 211 Raleigh, NC 27604 PERMANENT CONSERVAT THIS PERMANENT CONSERVATIO made this 9- day of February, 2022, by Boyette, natural persons residing in W Valley Drive, Wake Forest, NC 275 Restoration Systems, LLC, a North Haynes Street, Suite 211, Ra "Grantee"). The designation heirs, successors, and as required by context iuwu1111M11111u1111111Mwm1111111man Doc ID. 004735330014 Type CRP Recorded: 02/16/2022 at 11:11:52 AM Receipt#: 2021-00005480 Fee Amt: $153.00 Page 1 of 14 Revenue Tax: $127.00 Instr# 202100007102 Halifax, NC Christie C Avens Register of Deeds BK2689 PG353-366 ASE 1, ("Conservation Easement") is eel `?aymond R. Boyette and wife Karen E. orth arolina, whose address is 1139 Salinas eir . r er collectively referred to as "Grantor"), and na limited liability company, whose address is 1101 04, Attn: Barrett Jenkins (hereinafter referred to as rantee as used herein shall include said parties, their nclude singular, plural, masculine, feminine, or neuter as et RECITALS WHE' . A . antor owns in fee simple approximately 134 acres of real property situated, lying, and being in Halifax County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property"); WHEREAS, Grantee is a North Carolina limited liability company whose purpose is the 3580184v5.MMB.26275.T29701 Book: 2689 Page: 353 Page 1 of 14 Page 2 of 14 conservation of property and who is qualified to be the grantee of a conservation easement under 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: Tar - Pamlico River Basin, unnamed tributaries, open field ditches, and the adjacent riparian resources. The purpose of this Conservation Easement is to restore and maintain riparian resources, aquatic and ecological resources, and other natural values of the Property and to 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 Grantee's Roseneath Umbrella Nutrient Offset Banking Instrument in the Tar -Pamlico River Basin (the "MBI") (NCDWR # 2020-1664v2) that was approved by the North Carolina Division of Water Resources ("NCDWR") on November 29, 2021. The MBI 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 Conservation Easement Area (as hereinafter defined) to a natural vegeta. -r condition as provided in and specified in the Bells Bridge Bank Parcel Development Pac age (t P !' ') which was approved by NCDWR on November 29, 2021. The approval of e BPDP allow Grantee to establish the Bells Bridge Bank Parcel on the Pr +arty My gation Bank"). The Mitigation Bank is intended to provide nutrient offsets f i irrpa e itted by NCDWR due to development (both existing and proposed) within restri ed area. + ! Tar -Pamlico River Basin. Grantor and Grantee agree that third -party rights f e . rceme shall be held by NCDWR, to include any successor agencies, and that such is i A+ on to, and do not limit, the rights of Grantee to comply with its MBI and its CDWR. NOW, THEREFORE, for x in ns 4ation of the covenants and representations contained herein and for other good • + . luable consideration, the receipt and legal sufficiency of which are hereby acknow ge , . o hereby unconditionally and irrevocably grants and conveys unto Grantee, its he rs, and assigns, in perpetuity, a Conservation Easement of the nature and charact A to tent hereinafter set forth, over the Property described on Exhibit A, together to preserve and protect the conservation values thereof and with a right of access,Pws: ARTICLE I. RATION OF EASEMENT; AREA OF EASEMENT This Conservation Easement, including all appurtenant rights set forth herein, shall be perpetual. This Conservation Easement, including all appurtenant rights set forth herein, is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, Grantor's 3 580184v5.MMB.262 75.T29701 2 Book: 2689 Page: 353 Page 2 of 14 Page 3 of 14 3 personal representatives, heirs, successors and assigns, lessees, agents, and licensees. The Conservation Easement herein granted is over the areas of the Property as are more particularly described on Exhibit B attached hereto and incorporated by this reference (the "Conservation Easement Area"). 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 or animal species is prohibited. B. Construction. There shall be no constructing or placing A bui, mobile home, asphalt or concrete pavement, billboard, or other advertising displa utility pole, tower, conduit, line, pier, landing, dock, or any other temporary or s' an structure or facility on or above the Conservation Easement Area or, if it w4 d inter e. ith the purposes of this Conservation Easement or is otherwise prohibited un+I- the M i or the BPDP, the Property. C. Industrial, Commercial, and Resic activities, including any right of passa Easement Area. In+ustrial, residential, and commercial purpi es, are prohibited in the Conservation D. A ricultural Grazin cultural Use. Agricultural, grazing, animal husbandry, and horticultural use within e Con - v ktbn Easement Area or in a way that would otherwise interfere with the purpo.. -s kihis Co rvation Easement are prohibited. E. Vegetatio of trees, shrubs, the BPDP volunteer tr be no removal, burning, destruction, harming, cutting, or mowing vegetation in the Conservation Easement Area, except as provided in sive and herbaceous vegetation for purposes of enhancing planted or bs approved in the BPDP is allowable once a year for no more than five (5) consecutive •a s from the date on page 1 of this Conservation Easement, 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. 3 580184v5. MMB.26275.T29701 3 Book: 2689 Page: 353 Page 3 of 14 Page 4 of 14 `t F. Roads and Trails. There shall be no construction of roads, trails, or walkways in the Conservation Easement Area nor enlargement or modification to existing roads, trails, or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area, or signs identifying Grantor as owner of the Property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation, Dredging, or Mineral Use. There shall be no grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials; and no change in the topography of the land in any manner o the Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be n i di '' , aining, dredging, channeling, filling, leveling, pumping, impounding, or relate tivr i s, or altering or tampering with water control structures or devices, or disruption he restored, enhanced, or created drainage patterns. In addition, diverting or ca ring or z 1 ing the diversion of surface or underground water into, within, or out of th ..o ate Easement Area by any means, removal of wetlands, polluting, or discharge nta . ers, Brings, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No d lop ent r:ts that have been encumbered or extinguished by this Conservation Easeme _. a .• transferred under a transferable development rights scheme or cluster developm n arra gam : or otherwise. L. Vehicles. The r. ioa mechanized vehicles, including, but not limited to, motorcycles, dirt „' . in vehicles, cars, and trucks is prohibited within the Conservation Easement Are:r temporary or occasional access by Grantee, its employees, contractor agent c ors, assigns, and NCDWR for purposes of constructing, maintaining, or monitors • he res : s ration of riparian areas within the Conservation Easement Area. 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 Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems is prohibited. 3580184v5.MMB.26275.T29701 4 Book: 2689 Page: 353 Page 4 of 14 Page 5 of 14 Grantee and its authorized representatives, employees, agents, suc shall have the right to enter the Property at all reasonable tim Property to determine if Grantor or its personal represe complying with the terms, conditions, restrictions, an Grantee shall also have the right to enter and go upoyth or educational observations and studies and to ' 1g ARTICLE III. GRANTOR'S RESERVED RIGHTS Grantor expressly reserves for itself, its personal representatives, heirs, successors, and 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 specifically references, this Conservation Easement. Notwithstanding the foregoing restrictions set forth in Article II above and otherwise in this instrument, Grantee reserves for itself acting as the Bank Sponsor, its successors and assigns, the right to construct a Mitigation Bank and to perform activities related to the restoration of riparian areas within the Property in accordance with the approved MBI and corresponding BPDP. ARTICLE IV. GRANTEE'S RIGHTS; ACCESS EASEMEN r, a s , and NCDWR, rpo e of inspecting said uccessors, or assigns are is Conservation Easement. r purposes of making scientific Accordingly Grantor hereby Aran , nd conveys unto Grantee, its authorized representatives, employees, agents, ' ess , a• s • ns, and NCDWR, a perpetual, non-exclusive easement for ingress and egress over >. S pon the Property at all reasonable times and at such location as practically necess e Conservation Easement Area for the purposes set forth herein ("Access Easem r, t"). Thi _rant of easement shall not vest any rights in the public and shall not be constru* ..s . . 'c dedication of the Access Easement. Grantor covenants, represents, and war.: the sole owner of and is seized of the Property in fee simple and has the right to get . 1 con this Access Easement. ARTICLE V. ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Conservation Easement, Grantee and the NCDWR are allowed to prevent any activity, on or use of, the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the 3580184v5.MMP.26275.T29701 5 Book: 2689 Page: 353 Page 5 of 14 Page 6 of 14 b 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 Grantee, Grantee shall notify Grantor in writing of such breach. Grantor shall have thirty (30) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after thirty (30) days, Grantee may enforce this Conservation Easement by appropriate legal proceedings including claims for damages and injunctive and other legal and equitable relief. Notwithstanding the foregoing, Grantee reserves the immediate right, without notice, to obtain a temporary restraining order or injunctive or other appropriate relief if the breach of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. Grantor and Grantee acknowledge that under such circumstances damage to Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of 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 Grantee's expenses, court costs, and reasonable attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. NCDWR shall have the same right to enforce a terms and conditions of this Conservation Easement as Grantee. B. No failure on the part of Grantee to enforce any discharge or invalidate such covenant or any other cov affect the right to Grantee to enforce the same in the e C. Nothing contained in this Conservatio bring any action against Grantor for any in' beyond Grantor's control, including, w third parties, except Grantor's lessee taken in good faith by Grantor u significant injury to life, dam A. Warrant simple, tha this Conserva or other interests pC ision hereof shall n, or provision hereof or ent breach or default. e construed to entitle Grantee to e in the Property resulting from causes Cation, ire, flood, storm, war, acts of God or s, r ractors, or invitees; or from any prudent action ergen y conditions to prevent, abate, or mitigate , or harm to the Property resulting from such causes. ARTICLE VI. ISCELLANEOUS warrants, covenants, and represents that it owns the Property in fee sal interests in the Property which may be impaired by the granting of ent, and that there are no outstanding mortgages, tax liens, encumbrances, e Property which have not been expressly subordinated to this Conservation Easement. Grantor also warrants that Grantee shall have the use and enjoyment of 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 whatsoever. 35 80184v5.MMB.262 75.T29701 6 Book: 2689 Page: 353 Page 6 of 14 Page 7 of 14 7 B. Subsequent Transfers. 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. Grantor agrees to provide written notice of such transfer to Grantee at least thirty (30) days before the date of the transfer. 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 NCD WR. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable; provided, however, that 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 Grantee also covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The combined MBI with rresponding BPDP and this instrument set forth the entire agreement of the parties with resp , to the onservation Easement and supersedes prior discussions, negotiations, underst.�n._ o ments relating to the Conservation Easement. If any provision is found to be oid .1, veable by a court of competent jurisdiction, the remainder shall continue in full for "ect. E. Obligations of Ownership. Grantor is respon ;ii.le for a real estate taxes, assessments, fees, or charges levied upon the Property. Grantor . 1 th . '' operty free of any liens or other encumbrances for obligations incurred by Gr _ or ex _those incurred after the date hereof and which are expressly subject and subordi a s e Conservation Easement. Grantee shall not be responsible for any costs or liability y k' .' related to the ownership, operation, insurance, upkeep, or maintenance of the Prope e pt as pressly provided herein. Nothing herein shall relieve Grantor of the obligat'a . , o >a y with federal, state, or local laws, regulations, and permits that may apply to the exercise . tor's reserved rights set forth in Article III. F. Extinguishment. R. that changed conditions render impossible the continued use of the Conserva Area for the conservation purposes, this Conservation Easement may only be extirin whole or in part, by judicial proceeding. G. Ertitant Do 4in. Whenever all or part of the Property is taken in the exercise of eminent domain so as to antially 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. Eminent Domain Proceeds. This Conservation Easement constitutes a real property 3 5 80184 v 5. MM B.2627 5. T29701 7 Book: 2689 Page: 353 Page 7 of 14 Page 8 of 14 S 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 Conservation 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, under 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. I. 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 in accordance with this Paragraph): To Grantor: Raymond R. Boyette and Karen E. Boyette 1139 Salinas Valley Drive Wake Forest, NC 27587 To Grantee: Restoration Systems, LLC 1101 Haynes Street Suite 211 Raleigh, NC 27604 Attn: Barrett Jenkins To NCDEQ -DWR? NCDEQ — 'on ater Resources 401 & Bi er ' mi g ranch 1617 Mail " i i - ..enter Ral • ' ' n NC 2 09-1617 \'' J. Failure o 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 in accordance with this Conservation Easement, then Grantee's interest shall become vested in another qualified 3580184v5.MMB.26275.T29701 8 Book: 2689 Page: 353 Page 8 of 14 Page 9 of 14 9 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 Grantee under any applicable laws and provided such amendment 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 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 perpet} lly unto Grantee for the aforesaid purposes. [Remainder of page left intentionally blank; T. nat 3580184v5.MMB.26275.T29701 9 Book: 2689 Page: 353 Page 9 of 14 Page 10 of 14 ib IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and year first above written. Raymo d R. Boyette Karen E. Boyette [SEAL1 STATE OF NORTH CAROLINA COUNTY OF I, )cr%% , a Notary Public of the aforesaid County and State, certify that Ra nd R. Boyette and Karen E. Boyette personally came before m is day and acknowledged that they voluntarily signed the foregoing instrument for the p aose ;fed therein. WITNESS my hand and official seal, this th ; �j da} • Febl'?'fy, 2022. My Commission Expires: 3580184v5.MMB.26275.T29701 al signatures to follow.] 10 Book: 2689 Page: 353 Page 10 of 14 Page 11 of 14 AGREED AND ACCEPTED BY GRANTEE: Restoration Systems, LLC, a North Carolina limited liability company STATE OF NORTH CAROLINA COUNTY OF Pa2� I certify that the following person personally to me that ,\ i1' r. 7CClP.(ae:fG5‘1/4id,P11t- signed authorized signatory for Restoration Systems, LLC: WITNESS my hand and official seal, this �IHIIIIIII yl My ('�rn:r1. F:'ap. •,irj 3 580184v5. MMB.26275.T29701 o(< 11 appeared before me this day, acknowledging the foregoing document as the duly 41 day of Ferry, Book: 2689 Page: 353 Page 11 of 14 Page 12 of 14 la EXHIBIT A PROPERTY DESCRIPTION (PIN 1000068) All that certain tract or parcel of land lying and being situate in Roseneath Township, Halifax County, North Carolina, containing 134 acres, more or less, as being shown and designated as "Lot #4 Ann E. Bradley" on that certain "MAP Showing Property of D. Gerson Boyette `Hackney Farm'," dated July 17, 1980, prepared by Charles H Hale, Registered Surveyor, recorded in Plat Cabinet 1, Slide 351, Halifax Public Registry; reference to said map is made hereby for greater certainty of description. 3560684v5.MM11.26275 T29701 12 Book: 2689 Page: 353 Page 12 of 14 Page 13 of 14 13 EXHIBIT B CONSERVATION EASEMENT AREA Conservation Easement Area lA BEING ALL OF Conservation Easement Area of the Bells Bridge Site over a portion of the lands of Ray Boyette (P.C. 1, SL. 351) 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 Point No. 1 and being the most Eastern corner of the Conservation Easement Area and being located South 41 °41'39" West 3116.91 feet from an iron stake (Point No. 82) with N.C. Grid Coordinates N= 850,055.0158' E= 2,457,513.7693' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 1), North 47°56'22" West 171.47' to an iron stake; thence North 39°06'16" West 197.56' to an iron stake; thence North 27°43' 15" West 294.48'to an iron stake; thence North 23°52'58" West 222.23' to an iron stake; thence North 62°54'43" West 330.38'to an iron stake; thence North 87°36'06" West 99.57' to an iron stake; thence North 78°58'08" West 257.24' to an iron stake; thence North 15°17'35" West 270.28' to a rail road track; thence South 78°11'10" East 80.00' to a point; thence South 73°52'15" East 49.20' to a point; thence South 70°45'51" East 74.14' to a point; thence South 66°52'49" East 49.08' to a point; thence South 81°45'09" East 60.19' to a po • thence South 70°32'27" East 15.47' to a point; thence South 87°28'17" East 30.17' to a point; thence Soutr " ° 17'4 ' East 34.90' to a point; thence South 89° 11' 14" East 31.33' to a point; thence South 77° 17' st ' ' ' o a point; thence South 88°38'26" East 34.11' to a point; thence South 65°26'25" ast point; thence North 80°45'59" East 25.58' to a point; thence South 59°31'49" East 29. o a soint; thence South 39°40'18" East 33.58' to a point; thence South 57°08'49" East 23.30' to th 77°21'00" East 27.77' to a point; thence South 47°39'47" East 22.09' to a point stake- ti ence S u.h '39'20" East 12.85' to a point; thence South 63°10'26" East 108.56' to a point; thence r th ° 19'S2' ast 30.81' to a point; thence South 60°38'02" East 50.56' to a point; thence South 8;.' '07' `.st '..' to a point; thence South 29°31'02" East 37.94' to a point; thence South 68°16'24" a 25. ' to : s int; thence South 17°59'27" East 28.16' to a point; thence South 54°32' 15" East 20.48' o p •int " outh 20°39'52" East 51.11' to a point; thence South 39°26'28" East 40.71' to a point; thenc uth " West 29.11' to a point; thence South 04°12'24" East 24.80' to a point; thence South 35° ,'ab' ast 68. 8' to a point; thence South 35°32'41" East 152.22' to a point; thence South 22°51'5 .' ?4.5" to a point; thence South 20°00'45" East 49.19' to a point; thence South 42°31'00" East 52 t; t ence South 42°25'30" East 64.95' to a point; thence South 55°43'17" East 71.91' to a yin ; .ence •truth 47°28'33" East 90.04' to a point; thence South 43°23'51" East 32.09' to a point; thence . t 5 '57" East 23.13' to a point; thence South 24°24' 14" East 8.41' to a point; thence South 18 £a 40.39' to a point; thence South 49°41'07" East 8.97' to a point; thence South 24°38'51" 4.' '' to a non-monumented corner; thence South 72°58' 15" West 276.74' to an iron stake, the Po"t of Be_' n in `Point No.1), containing approximately 9.07 acres. THE FOREGO 1 (, 1NSERVATION EASEMENT AREA 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), Belts Bridge, Roseneath Township, Halifax County, North 35 80184v5. MM13.26275.T29701 13 Book: 2689 Page: 353 Page 13 of 14 Page 14 of 14 Carolina" dated January 10, 2022, by K2 Design Group, and recorded in Book of Maps 2022, Page 4-5, Halifax County Register of Deeds. 3580184v5.MMB.26275.T29701 14 Book: 2689 Page: 353 Page 14 of 14