20201937 Ver 3_Dead Tree Harris CE Final_20220607

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Type: CONSOLIDATED REAL PROPERTY
Recorded: 4/5/2022 2:47:20 PM
Fee Amt: $716.00 Page 1 of 17
Revenue Tax: $682.00
EDGECOMBE COUNTY, NORTH CAROLINA
Vila R. Anderson Register of Deeds
This certifies that there are no delinquent actitrerlvAg tatp6s,(q The 1008
Edgecombe County Tax Collector is charge wit col ec ing, that are alien on:
Pin No. 480586715300
Excise Tax $ 682.00
PREPARED BY: Manning, Fulton & Skinner, PA (Joseph B. Bass III) — WITHOUT TITLE
EXAMINATION
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Restoration Systems, LLC
Attn: Mr. Barrett Jenkins
1101 Haynes St. Suite 211
Raleigh, NC 27604
PERMANENT CONSERVATION EASEMENT
THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement") is
made this 30th day of March , 2022, by and between Nancy Harris Craven and husband
Thomas F. Craven, natural persons who are residents of the State of North Carolina, Macie
Harris Kimball and husband Richard Kimball, natural persons who are residents of the State of
South Carolina, and Melvin Read Harris and wife Sandy Harris, natural persons who are
residents of the Commonwealth of Virginia (hereinafter collectively referred to as "Grantor") and
Restoration Systems, LLC, a North Carolina limited liability company (hereinafter referred 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 owns in fee simple approximately forty-eight and seventy-one
hundredths (48.71) acres of real property situated, lying, and being in Edgecombe County, North
Carolina, more particularly described on Exhibit A attached hereto and incorporated herein (the
"Property"), which such Property is located over and upon that certain larger tract of land owned
in fee simple by Grantor and described on Exhibit B ("Grantor's Land");
Submitted electronically by "Manning Fulton & Skinner, P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Edgecombe County Register of Deeds.

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WHEREAS, Grantee is a North Carolina limited liability company whose purpose is the
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:
unnamed tributaries, open field ditches, and the adjacent riparian resources and similar 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; and
WHEREAS, the preservation of the Property is required by Grantee's Dead Tree Umbrella
Nutrient Offset Banking Instrument in the Tar -Pamlico River Basin (the "NOBI") (NCDWR #
2020-1937v3 that was approved by the North Carolina Division of Water Resources ("NCDWR")
on November 10, 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 to a natural vegetated condition as provided in and specified in the Dead Tree A and B
Bank Parcel Development Packages (the "BPDP") which was approved by NCDWR on November
16 and November 10, 2021. The approval of the NOBI and the BPDP allow Grantee to establish
the Dead Tree A and B Bank Parcels 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
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 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
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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 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.
D. Agricultural, Grazing, and Horticultural Use. Agricultural, grazing, animal husbandry,
and horticultural use within the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting, or mowing
of trees, shrubs, or other vegetation 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 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
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or proscribing rules and regulations for the use of the Property, 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 on the Property, except to
restore natural 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 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.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars, and trucks is prohibited 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, 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 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
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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 NOBI and corresponding BPDP.
ARTICLE IV.
GRANTEE'S RIGHTS; ACCESS EASEMENT
Grantee and its authorized representatives, employees, agents, successors, assigns, and NCDWR,
shall have the right to 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 Grantor's Land at all reasonable times and at the location more
particularly described on Exhibit A ("Access Easement") attached hereto and 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, 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
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
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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 Grantees 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 the terms and conditions of this Conservation Easement 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
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 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.
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
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approval of NCDWR.
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 terns 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 NOBI with corresponding BPDP and
this instrument set forth 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,
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.
P. 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. Eminent Domain 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
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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:
C/O Mrs. Nancy Harris Craven
124 Berry Hill Drive
Raleigh, NC 276I5
To Grantee:
Restoration Systems, LLC
1101 Haynes Street
Suite 211
Raleigh, NC 27604
Attn: Mr. 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 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
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.
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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 perpetually unto Grantee for the
aforesaid purposes.
[Remainder of page left intentionally blank; signatures follow.
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IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and
year first above written.
GRANTOR:
Nancy Harris t4' aven
Thomas F. Craven
STATE OF C ,co\I
COUNTY OF (
I,1114
certify that Nancy Han -is Craven and
day and acknowledged that he or she
[SEAL]
, a Notary Public of the aforesaid County and State,
Husband Thomas F. Craven personally came before me this
signed the foregoing instrument.
WITNESS my hand and official seal, this the
17 My Comm. r .
03-04-2023 ;=c)
day of Mardi , 202.2.
NOTARY PUBLIC
My Commission Expires: /f/2
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IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and year first
above written.
GRANTOR:
[SEAL]
acie Harris Kimball,/
[SEAL]
Richard Kimball
1,5 ee. t4.. etli [ a , a Notary Public of the aforesaid County and State,
certify that Macie Harris Kimball and Husband Richard Kimball personally came before me this
day and acknowledged that he or she signed the foregoing instrument.
WITNESS my hand and official seal, this the 01 day o
1— to_. . :._
OTARY PUBLI
My Commission Expires: 10 rc I b,D:a •
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IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and year first
above written.
GRANTOR:
Cl�/d /417?-"\----[SEAL]
Melvin Read Harris
6me � -, sS� [SEAL]
Sandy Harris
STATE/COMMONWEALTH OF
COUNTY OF rc.n ► 1 ;,
, a Notary Public of the aforesaid County and State,
certify that Melvin Read'Harris and Wife Sandy Harris personally came before me this day and
acknowledged that he or she signed the foregoing instrument.
WITNESS my hand and official seal, this the 3 0 day of ,a,rch , 20 Z1-
1 JASON LEE COOPER
NOTARY PUBLIC
Commonwealth of Virginia
Reg #7917640
My Commission Expires 10/ 31/ZC==5~
OTAIYAPULE
My Commission Expires: icr / a i / 2G'g
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THIS CONSERVATION EASEMENT AGREED AND ACCEPTED BY GRANTEE:
Restoration Systems, LLC, a North Carolina limited Liability company
By: r ,a- [SEAL]
Name:
Title:= �E.� " t� r-1 14
STATE OF NORTH CAROLINA
COUNTY OF iInP
I certify that the following person personally appeared before me this day, acknowledging
to me that signed the foregoing document as the duly authorized signatory for Restoration
Systems, LLC:
WITNESS my hand and official seal, this 2
day ofMaY3h ,202Z
NOTARY PUBLIC
My Commission Expires: 2- 1 22220
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EXHIBIT A
PROPERTY DESCRIPTION
(CONSERVATION EASEMENT AREAS AND ACCESS EASEMENT DESCRIPTION)
Conservation Easement Area 2
BEING ALL OF Conservation Easement Area 2 of the Dead Tree Site over a portion of the land
of Craven, Kimball, and Harris (PIN No 4805867153) lying and being situated in No 6
Township, Edgecombe 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. 51 and being located South
62°00'13" West 2527.10 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates
N=857,401.9790, E=2,410,093.231 (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 51),
South 42°35'23" East 64.17' to an iron stake;
thence South 23°21'20" East 66.57' to an iron stake;
thence South 07°18'36" East 66.55' to an iron stake;
thence South 10°50'45" West 94.57' to an iron stake;
thence South 38°25'32" West 182.27' to an iron stake;
thence South 46'48'04" East 48.82' to an iron stake;
thence North 62° 12'32" East 462.65' to an iron stake;
thence North 63°08'49" East 385.47' to an iron stake;
thence South 22°50'11" East 47.55' to an iron stake;
thence South 29°44'42" East 223.95' to an iron stake;
thence South 16°37'06" East 58.88' to an iron stake;
thence South 08°12'41" West 69.29' to an iron stake;
thence South 16°10'49" West 52.87' to an iron stake;
thence South 62°53'22" West 336.88' to an iron stake;
thence South 06°36'48" West 30.15' to an iron stake;
thence South 72°04'19" East 232.65' to an iron stake;
thence South 74°20'46" East 82.04' to an iron stake;
thence South 70°34'33" East 349.77' to an iron stake;
thence South 84°45'21" East 190.88' to an iron stake;
thence South 24°01' 12" West 280.28' to an iron stake;
thence South 27° 18'35" West 164.84' to an iron stake;
thence North 83°18'52" West 91.44' to an iron stake;
thence North 71'53'35" West 425.73' to an iron stake;
thence North 75°00'38" West 149.74' to an iron stake;
thence North 70° 17'3 8" West 191.79' to an iron stake;
thence North 66°08'14" West 177.02' to an iron stake;
thence North 72°24'04" West 246.90' to an iron stake;
thence North 88°27'44" West 291.24' to an iron stake;
thence North 75°30'47" West 93.69' to an iron stake;
thence South 38°21'42" West 703.22' to an iron stake;
thence North 78°05'35" West 239.01' to an iron stake;
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thence North 38°35'50" East 1739.30' to an iron stake;
which is the point of beginning,
having an area of 29.95 acres, more or Iess.
Conservation Easement Area 3
BEING ALL OF Conservation Easement Area 3 of the Dead Tree Site over a portion of the land
of Craven, Kimball, and Harris (PIN No 4805867153) lying and being situated in No 6
Township, Edgecombe 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. 116 and being located South
17°42'22" West 1058.75 feet from an iron pipe (Point No. 500) with N.C. Grid Coordinates
N=857,401.9790, E=2,410,093.231 (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 116),
South 16°02'37" West 146.31' to an iron stake;
thence South 18°21'06" West 122.69' to an iron stake;
thence South 32°38'22" West 73.14' to an iron stake;
thence South 42°49' 15" West 95.89' to an iron stake;
thence North 54°54'29" West 190.73' to an iron stake;
thence South 62°43'26" West 484.91' to an iron stake;
thence South 62°53'22" West 315.53' to an iron stake;
thence North 16°10'49" East 52.87' to an iron stake;
thence North 08°12'41" East 69.29' to an iron stake;
thence North 16°37'06" West 58.88' to an iron stake;
thence North 29°44'42" West 223.95' to an iron stake;
thence North 22°50'11" West 47.55' to an iron stake;
thence North 62°58'25" East 627.38' to an iron stake;
thence North 32°25'24" West 239.61' to an iron stake;
thence North 54°09'42" West 88.30' to an iron stake;
thence North 35° 11'01" West 80.66' to an iron stake;
thence North 08°02'57" West 86.79' to an iron stake;
thence North 12°44'31" East 88.55' to an iron stake;
thence North 28°50'03" East 186.29' to an iron stake;
thence North 34°53'30" East 89.66' to an iron stake;
thence North 42°51'47" East 54.27' to an iron stake;
thence North 64°04' 18" East 69.88' to an iron stake;
thence North 80°44'00" East 66.84' to an iron stake;
thence South 79° 17' 13" East 65.38' to an iron stake;
thence South 63°35'06" East 59.32' to an iron stake;
thence South 45°25'17" East 66.78' to an iron stake;
thence South 28°54'33" East 53.15' to an iron stake;
thence South 13°57'16" East 59.03' to an iron stake;
thence South 03°44'46" West 58.46' to an iron stake;
thence South 14°02'14" West 41.20' to an iron stake;
thence South 29°31'34" West 90.18' to an iron stake;
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thence South 33°17'00" East 122.1 P to an iron stake;
thence South 31°41'13" East 332.00' to an iron stake;
thence South 54°30'48" East 194.99' to an iron stake;
which is the point of beginning,
having an area of 18.76 acres, more or less.
BOTH 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 Barnes per D.B. 1677, Pg. 546 (PIN: 4805-77-7202), and Also, Craven, Kimball & Harris per
D.B. 1199 Pg. 287 (PIN: 4805-86-7153), and Also, Eureka Etheridge Farms, LLC per D.B. 1592,
Pg. 804, Tracts 1, 2 & 3 (PIN(S): 4815-07-9630 & 4815-37-7393), No. 6 Township, Edgecombe
County, North Carolina" dated February 5, 2022, by K2 Design Group, and recorded in Plat
Cabinet 13, Pages 219 through 223, Edgecombe County Register of Deeds.
AND SUCH CONSERVATION EASEMENT AREAS TOGETHER WITH those certain new
non-exclusive access easements labeled as "Access Easement 2", "Access Easement 3", and
"Access Easement 4", all for ingress, egress, and regress and all as shown and more particularly
described on the foregoing described plat of survey recorded in Plat Cabinet 13, Pages 219 through
223, Edgecombe County Register of Deeds.
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EXHIBIT B
GRANTOR'S LAND DESCRIPTION OVER WHICH THE PROPERTY
(CONSERVATION EASEMENT) IS LOCATED
Lying and being situate in Edgecombe County, NC, and being more particularly described as follows:
That certain tract or parcel of land in No. 6 Township, Edgecombe County, North Carolina,
situate on the North and South side of N.C. State Road 1423, near its intersection with N.C. Highway
44, bounded on the North by Tract No. 2 of the Etheridge Division, on the East by Tracts Nos. 4 and 6
of said Division, on the South by the land of Berry Pittman, Jr., and on the West by the land of Berry
Pittman, Jr. and Tract No. 2 of said Division and being more particularly described as follows:
BEGINNING at a point in the centerline of N.C. State Road 1423, which point is South 84 deg.
35 min. East 1110.1 feet, as measured along the center line of N.C. State Road 1423, if extended from
its point of intersection with the center line of N.C. Highway 44, said beginning point also being a
southeastern corner of Tract No. 2, thence along and with the line of Tract No. 2, also a wire fence and
hedgerow North 42 deg. 55 min. East 3112.9 feet to a fence post, thence North 36 deg. 04 min. East
862.4 feet to an iron pipe in the center of a farm road, thence continuing with said fence and hedgerow
North 37 deg. 01 min. East 631.7 feet to a fence post, thence North 35 deg. 28 min. East 234.5 feet to a
15 inch poplar, thence South 68 deg. 03 min. East 822.3 feet to an iron pipe in the center of a farm
road also in the line of Tract No. 4, thence along with the center of said farm road and the line of Tract
No. 4, South 4 deg. 22 min. West 100.0 feet, South 21 deg. 30 min. West 445.0 feet, South 19 deg. 26
min. West 539.8 feet to a point in the center of another farm road, thence continuing with said farm
road South 21 deg. 18 min. West 703.9 feet, South 20 deg. 10 min. West 597.6 feet, South 32 deg. 02
min. West 100.0 feet, South 49 deg. 34 min. West 224.3 feet, South 28 deg. 21 min. West 1040.9 feet,
South 34 deg. 26 min. West 250.0 feet, and South 23 deg. 48 min, West 613.2 feet to a point in the
center of N.C. State Road 1423, said point also being a southwestern corner of Tract No. 4 and in the
line of Tract No. 6, thence with the center of N.C. State Road 1423 and the line of Tract No. 6, North
58 deg. 36 min. West 231.5 feet, North 68 deg. 38 min. West 306.9 feet to a point in the center of said
road, a corner of Tract No. 6, thence continuing with the line of Tract No. 6, along with a wire fence
South 10 deg. 46 min. West 2212.5 feet to a fence post in the line of Berry Pittman, Jr., also another
wire fence, thence along and with the line of Berry Pittman, Jr. and said other wire fence, North 84
deg. 45 ruin. West 1525.9 feet to a fence corner, the property line being along the wire fence, thence
continuing with the line of Berry Pittman, Jr., and with a wire fence and hedgerow along a farm road
North 9 deg. 16 min. East 1051.6 feet, North 9 deg. 36 main. East 700.0 feet, and North 10 deg. 33 min.
East 874.3 feet to a point in the center of N.C. State Road 1423, said wire fence and hedgerow being
the property line, thence North 84 deg. 35 min. West 18.0 feet to the point in the center of N.C. State
Road 1423 at the beginning and being Tract No. 3 of the Etheridge Division, containing 241.84 acres
including land within the right of way of N.C. State Road 1423 and being shown on map entitled "Plat
Division of the `Eureka Farm' belonging to Heirs of Claude Etheridge, No. 6 Township, Edgecombe
County, N.C., Scale 1" = 660', December 8, 1979", made by Cyril C. Waters, Registered Surveyor,
Roanoke Rapids, N.C., to which map reference is hereby made.
TOGETHER WITH the right of ingress and egress over the farm roads or paths abutting said
Tract No. 3 as shown on said map of the "Eureka Faun" belonging to heirs of Claude Etheridge.
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