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HomeMy WebLinkAbout20201942 Ver 2_Recorded Easement and Plat_20220627Mitigation Project Information Upload ID#* 20201942 Version* 2 Select Reviewer: * Katie Merritt Initial Review Completed Date 06/27/2022 Mitigation Project Submittal - 6/27/2022 .................................................................................................................................................................................................................................................................. Is this a Prospectus, Technical Proposal or a New Site? * 0 Yes O No Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Contact Name: * Andrea Eckardt Project Information ID#:* 20201942 Existing ID# Project Type: Project Name: County: DMS Mitigation Bank Cox Pond Mitigation Bank Wayne Document Information Mitigation Document Type: * Mitigation Conservation Easement File Upload: Signature ............................................ Print Name: * Signature:* Email Address: * aeckardt@wildlands.eng Version:* 2 Existing Version Cox Pond Recorded Easement and Plat.pdf 1.63MB Please upload only one PDF of the complete file that needs to be submitted... Andrea Eckardt Page 1 of 15 IIIIIIIIIIII I1,1I1111I1I11If1111111I111 1111111111111111111 Doc ID 013365660015 Type CRP o-.--Recorded: 06/14/2022. at 12:00:13 PM Fee Amt: $569.00 Page 1_of 15 Revenue Tax: $563.00 WAYNE COUNTY, NC CONSTANCE B. CORAM REGISTER OF DEEDS BK3743 PG882-896 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, North Carolina 28203 Attn: Matt Covington \%zC0.O0 5 '3' db SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this 14th day of June, 2022 by and between Jackson Farming Company, LLC, a North Carolina limited liability company ("Grantor") and Unique Places to Save, a North Carolina non-profit corporation ("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 certain real property situated, lying and being in Wayne County, North Carolina, more particularly shown on Exhibit A attached hereto and incorporated herein ("Property") and being a portion of the Property conveyed to the grantor by deeds recorded in Deed Book 3275 at Page 596 and in Deed Book 2816 at Page 411 of the Wayne County Registry, North Carolina Registry, identified as Tax Parcel Identification Numbers 2574-41-3713, 2574-33-4662, 2574-42-0745 and 2574-32-3190; WHEREAS, Grantee is a 501(c)(3)' North Carolina nonprofit corporation whose purpose includes the perpetual conservation of the Conservation Easement Area (as defined) and which is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.§ 121-35; ti 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 and open field ditches that flow to Brooks Swamp off site, which then connects to Thoroughfare Swamp. 1 4.27.22 mtc/rwb Page 2 of 15 Thoroughfare Swamp subsequently flows to Falling Creek and finally into the Neuse River. The purpose of this Conservation Easement is to. maintain riparian resources and other natural values of approximately 23.451 acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance ()fits natural condition. WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings III, LLC Cox Pond and O'Berry Road Nutrient Offset and Buffer Mitigation Banking Instrument ("MBI") (DWR #2020-1942v2). The Conservation Easement Area will be restored to a natural vegetated condition as provided in and specified in Cox Pond Mitigation Bank Parcel Bank Parcel Development Package ("BPDP"). The Cox Pond Mitigation Bank is intended to be used to compensate for unavoidable buffer impacts authorized by permits issued by the North Carolina Division of Water Resources ("NCDWR") and to provide mitigation for nutrient offsets' due to development (both existing and proposed) within restricted areas of the Neuse River Basin. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by Wildlands Holdings 111, LLC (the "Bank Sponsor"),and NCDWR, including any successor entities or agencies, and may be exercised through the appropriate enforcement agencies of the United States and the State of North Carolina, and that thesd rights are in addition to, and do not limit the enforcement rights under the MBI, BP DP, or any permit or certification issued by Third -Parties. The Bank Sponsor's right of enforcement shall terminate upon close-out and final release of all mitigation credits from the Cox Pond Mitigation Bank. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity this Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described in Exhibit B, together with the right to preserve and'protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development or other activities that would impair or interfere with the conservation values of the Conservation Easement Area. 2 4.27.22 mtc/rwb Page 3 of 15 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 Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. - C. Industrial, Commercial and. Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited in the Conservation Easement Area. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Conservation Easement Area except as provided in the MBI and BPDP. Mowing of invasive and .herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the MBI and BPDP is allowable once a year for no more than five consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by the Bank Sponsor and shall not violate any part of Item M of Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on 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 Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area 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 Conservation Easement Area. 3 4.27.22 mtc/rwb Page 4 of 15 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 Conservation Easement Area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have'been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Subdivision. The Grantor and Grantee agree that the Conservation Easement Area currently consists of four areas of land (CE Areas A-D) totaling approximately 23.451 acres within the Property. The Grantor may not further subdivide the Conservation Easement Area, except with the prior written consent of the Grantee. If Grantee grants permission for Grantor to further subdivide any portion of the Conservation Easement Area, with appropriate permission from Grantee, Grantor must provide the Grantee the name, address, and telephone number of new owner(s) of all property within the Conservation Easement Area, if different from Grantor. No subdivision of the Conservation Easement Area shall limit the right of ingress and egress over and across the Property for the purposes set forth herein. Further, in the event of any subdivision of the Property (whether inside or outside of the Conservation Easement Area) provision shall be made to preserve not only Grantee's perpetual rights of access to the Conservation Easement Area, as defined herein, but also Grantee's right of perpetual access to any conservation easements on properties adjacent to the Property which form a part of or are included in the MBI and/or the BPDP or as otherwise acknowledged. Creation of a condominium or any de facto division of the Conservation Easement Area is prohibited. Lot line adjustments or lot consolidation without the prior written consent of the Grantee is prohibited. The Grantor may convey undivided interests in the Conservation Easement Area. The Grantor shall notify the Grantee immediately of the name, address, and telephone number of any grantee of an undivided interest in any property within the Conservation Easement Area. M. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, other than for temporary access for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as described in the MB1 and/or the BPDP. N. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area 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. 4 4.27.22 mtc/rwb Page 5 of 15 ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part as provided in Article 11, Paragraph L, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, successors and assigns, and the Bank Sponsor, the right to construct a nutrient offset and riparian buffer mitigation bank within the Conservation Easement Area, in accordance with the approved MBI and BPDP. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the Bank Sponsor and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the right to enter and go upon the Property and the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by such activity or use. Upon any breach�of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible 5 4.27.22 mtc/rwb Page 6 of 15 for the breach. The Bank Sponsor and NCDWR shall have the same right to enforce the terms and conditions of this Conservation Easement as the Grantee. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Conservation Easement Area or harm to the Conservation Easement Area resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice to the Grantee of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and'Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and 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 the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this Conservation Easement. D. Entire Agreement and Severabilitv. The M BI, BPDP and this instrument set forth the entire agreement of the parties with respect to the Conservation Easement and supersede all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. 6 4.27.22 mtc/rwb Page 7 of 15 E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area 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 Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Conservation Easement Area 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 Conservation Easement Area unencumbered by this Conservation Easement (minus. any increase in value after the date of this grant attributable to improvements) by the ratio of the value. of this easement at the time of this grant to the value of the Conservation Easement Area (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement which, as stated above, include the maintenance and preservation of riparian natural resources in North Carolina or other geographies within North America. 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 pursuant to this paragraph): To Grantor: William L. Jackson Jackson Farming Company, LLC 122 Cox Farm Road Mount Olive, NC 28365 7 4.27.22 mtc/rwb Page 8 of 15 To Grantee: Unique Places to Save P O Box 1183 Chapel Hill, NC 27514- To NCDWR: NCDENR — Division of Water Resources 401 & Buffer Permitting Unit Attn: Nutrient Offset Banking Coordinator 1650 Mail Service Center Raleigh, NC 27699-1650 J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee upon approval by the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. L. Present Condition of the Conservation Easement Area. a. Bank Parcel Development Plan. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Section 2 of the BPDP, dated October 2021, prepared by Wildlands Engineering, Inc. and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of the BPDP. It will be used by the parties to assure that any future changes in the use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Conservation Easement Area if there is a controversy over its use. b. Baseline Documentation Report. The characteristics of the Conservation Easement Area and the status of improvements and development shall be described in a Baseline Documentation Report (the "Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline shall be acknowledged by the Grantee and the Grantor to be complete and accurate upon completion of the mitigation activities conducted in the Conservation Easement Area (close out date, of the mitigation. project). - Both the Grantee and the Grantor will have copies of the Baseline, and a copy will be retained in the Grantee's files. The Baseline will be used by the Grantee to assure that any future changes in the use or -condition of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. 8 4.27.22 mtc/rwb Page 9 of 15 TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: JACKSON FARMING COMPANY, LLC, a North Carolina limited liability company By:,7,4 Z.,,E William L. Jackson, naging Member Date: (SEAL) NORTH CAROLINA COUNTY OF W &flit I certify that William L. Jackson personally, appeared before me this day, acknowledging to me that he is Managing Member of Jackson Farming Company, LLC, a North Carolina limited liability company and that he, as Managing Member, being authorized to do so, executed the foregoing on behalf ofJackson Farming Company, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the ILI day of c�uYIJQ , 2022. EimilklA G. Qby-044- Notary Public My commission expires: INVzmi7412. 2 9 4.27.22 mtc/rwb Page 10 of 15 IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. 'GRANTEE: UNIQUE PLACES TO SAVE, a North Carolina non-profit corporation Date: G % g % % 02 2 NORTH CAROLINA COUNTY OF In u r h a W1 I, N atal►c., \DG R S , a Notary Public in and for the County and State aforesaid, do hereby certify that }P+Ffr A F-i-S, personally appeared' before me this day and acknowledged that he'is Q DOIY'k !' of Unique Places to Save, a non-profit corporation, and that he, as a 4O.ra1/4 atal r , being authorized to do so, executed the foregoing on behalf of the corporation, IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the �h day of , 2022. D uham CCUtr ll' Worth Carolina M Commission Ex fres 1019 2026 4/14dcil,fa Notary Public My commission expires: Page 11 of 15 This map is not a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulation and has not been reviewed for compliance with recording requirements for plats. WWILDLANDS ENGINEERING EXHIBIT A 0 200 400 Feet 1 1 1 1 1 11 Exhibit A- Property Cox Pond Mitigation Bank Parcel Cox Pond, O'Berry Road, and Little River Weaver Mitigation Bank Neuse River Basin (03020201) Wayne County, NC 4.27.22 mtc/rwb Page 12 of 15 EXHIBIT B Description of Conservation Easement Areas for Wildlands Engineering, Inc., Cox Pond Buffer and Nutrient Offset Mitigation Bank located in Brogden Township, Wayne County, North Carolina. All references to the Wayne County Register of Deeds unless otherwise noted. CE "A" Beginning at a rebar with cap set in a ditch at the intersection with another ditch, said rebar being the northwest corner of William L. Jackson (now or formerly, see Deed Book 1035, Pg. 149), said rebar being located S 45°10'28" E 2,079.87' from Site Control Point CP#2 (rebar with plastic cap) having NC Grid Coordinates [NAD83(2011)1 N=543,532.29 USft, E=2,273,387.70 USft, and being a common corner with Jackson Farming Company, LLC (now or formerly, see Deed Book 3275, Pg. 596); thence, from the point of Beginning, with the Jackson line, S 16°04'20" W a distance of 203.73' to a rebar with. cap set in the ditch; thence S 70°05'08" E a distance of 40.20' to a rebar with cap set; thence, with a new line, S 12°26'23" W a distance of 152.69' to a rebar with cap set; thence S 01 °44'58" W a distance of 137.27' to a rebar with cap set; thence S 34°06'53" E a distance of 102.19' to a rebar with cap set; thence S 19°53'21" W a distance of 41.39' to a rebar with cap set; thence N 37°53'50" W a distance of 145.06' to a rebar with cap set; thence N 09°11'53" E a distance of 57.26' to a rebar with cap set; thence N 87°02'28" W a distance of 108.96' to a rebar with cap set; thence N 04°27'53" E a distance of 126.98' to a rebar with cap set; thence N 11 °06'48" E a distance of 306.76' to a rebar with cap set; thence N 71 °36'54" W a distance of 348.57' to a rebar with cap set; thence N 03°24'56" E a distance of 64.12' to a rebar with cap set in a ditch on the line of Sherman D. Best (now or formerly (see Deed Book 1338, Pg. 762); thence, with the Best line, S 70°54'52" E a distance of 485.87' to the point of beginning; containing 2.090 acres, more or less, and shown as CE "A" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, entitled "Conservation Easement for Wildlands Engineering, Inc., Cox Pond Riparian Buffer and Nutrient Offset Mitigation Bank" dated April 25, 2022 and recorded in Plat Beek ' , Rage (off - A. of the Wayne County Register of Deeds. 64. fl4e. CE "B" Beginning at a rebar with cap set on the common line of Jackson Farming Company, LLC (now or formerly, see Deed Book 2816, Pg. 411) and another Jackson Farming Company parcel, said rebar being located S 22°49'11" E 1,207.18' from Site Control Point CP#2 (rebar with plastic cap) having NC Grid Coordinates [NAD83(2011)1 N=543,532.29 USft, E=2,273,387.70 USft, 12 4.27.22 mtc/rwb Page 13 of 15 and being N 70°13'20" W a distance of 310.50' from an iron pipe set at the northwest corner of Jackson Farming Company, LLC (now or formerly, see Deed Book 3275, Pg. 596); thence, with a new line, S 07°58'13" W a distance of 210.24' to a rebar with cap set; thence S 13°21'30" W a distance of 196.86' to a rebar with cap set; thence N 73°09'31" W a distance of 436.35' to a rebar with cap set; thence S 17°13'57" W a distance of 166.34' to a rebar with cap set; thence N 73°45'57" W a distance of 102.27' to a rebar with cap set on the line of Zelda B. Cox (now or formerly, see Deed Book 647, Pg. 398); thence, with the Cox line, N 15°01'38" E a distance of 817.54' to a rebar with cap set in the ditch at an intersection with another ditch; thence, with the ditch, N 66°09'38" E a distance of 311.53' to a rebar with cap set in the centerline of a creek; thence, with the creek, S 06°14'59" W a distance of 47.55' to a point; thence S 15°19'17" W a distance of 24.40' to a point; thence S 02°45'56" W a distance of 19.62' to a point; thence S 16°26'58" E a distance of 35.68' to a point; thence S 04°05'48" E a distance of 29.11' to a point; thence S 07°30'12" E a distance of 53.48' to a point; thence S 02°49'46" W a distance of 69.86' to a point; thence S 14°41'27" W a distance of 14.07' to a point; thence S 20°39'06" E a distance of 21.17' to a point; thence S 09°21'22" E a distance of 26.87' to a point; thence, leaving said creek, S 23°13'20" E a distance of 165.00' to a point; thence S 70°13'20" E a distance of 70.50' to the point of Beginning; containing 8.061 acres, more or Tess, and shown as CE "B" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, entitled "Conservation Easement for Wildlands Engineering, Inc., Cox Pond Riparian Buffer and Nutrient Offset Mitigation Bank" dated April 25, 2022 and recorded in Plat Boa p, , Page GLI -A of the Wayne County Register of Deeds. Q,Ls.hwf- CE "C" Beginning at a rebar with cap set on the common line of Jackson Farming Company, LLC (now or formerly, see Deed Book 2816, Pg. 411) and another Jackson Farming Company parcel, said rebar being located S 22°49'11" E 1,207.18' from Site Control Point CP#2 (rebar with plastic cap) having NC Grid Coordinates[NAD83(2011)] N=543,532.29 USft, E=2,273,387.70 USft, and'being N 70°13'20" W a distance of 310.50' from an iron pipe set at .the northwest corner of Jackson Farming Company, LLC (now or formerly, see Deed Book 3275, Pg. 596); thence, with the common line, N 70°13'20" W a distance of 70.50' to a point; thence N 23°13'20" W a distance of 165.00' to a point in the creek; thence, with the creek, N 09°21'22" W a distance of 26.87' to a point; thence N 20°39'06" W a distance of 21.17' to a point; thence N 14°41'27" E a distance of 14.07' to a point; thence N 02°49'46" E a distance of 69.86' to a point; thence N 07°30'12" W a distance of 53.48' to a point; thence N 04°05'48" W a distance.of 29.11' to a point; 13 4.27.22 mtc/rwb Page 14 of 15 thence N 16°26'58" W a distance of 35.68' to a point; thence N 02°45'56" E a distance of 19.62' to a point; thence N 15°19'17" E a distance of 24.40' to a point; thence N 06°14'59" E a distance of 47.55' to a rebar with cap set in the centerline of the creek at the intersection with a ditch, said rebar being a common, corner with Zelda B. Cox (now or formerly, see Deed Book 647, Pg. 398); thence, with the Cox line and with the creek, N 06°14'59" E a distance of 15.41' to a point; thence N 31 °04'45" E a distance of 62.33' to a point; thence N 22°51'49" E a distance of 42.43' to a point; thence N 30°43'42" E a distance of 51.88' to a point, said point being the northeast corner of Zelda B. Cox, a common corner with another Jackson Farming Company, LLC parcel; thence, leaving the Cox line, with the Jackson Farming common line and with the creek, N 33°36'36" E a distance of 76.65' to a point thence N 24°15'52" E.a distance of 84.74' to a point; thence N 20°49'13" E a distance of 65.28' to a point; thence N 18°42'54" W a distance of 14.30' to a point; thence N 18°00'54" E a distance of 10.02' to a point, said point being a common corner with Penny Adams Herring (now or formerly, see Deed Book 2795, Pg. 815); thence, leaving the creek, with the Herring line, S 69°20'10" E a distance of,50.00' to a rebar with cap set; thence S 69°20'10" E a distance of 186.92' to a rebar with cap set; thence, with a new line, S 28°17'54" W a distance of 404.35' to a rebar with cap set; thence S 07°58'13" w a distance of 454.22' to the point of Beginning; containing 3.767 acres, more or less, and shown as CE"C" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, entitled "Conservation Easement for Wildlands Engineering, inc., Cox Pond Riparian Buffer and Nutrient Offset Mitigation Bank" dated April 25, 2022 and recorded in Plat B e , Page &q-A of the Wayne County Register of Deeds. CA64.4- sl: jA, CE"D" Beginning at a rebar with cap set in the property of Jackson Farming Company, LLC (now or formerly, see Deed Book 2816, Pg. 411) said rebar being located N 31 °12'06" W 579.43' from Site Control Point CP#2 (rebar with plastic cap) having NC Grid Coordinates [NAD83(2011)] N=543,532.29 USft, E=2,273,387.70 USft, and being S 22°32'25" W a distance of 254.03' from an existing 1" iron stake; thence, from the point of Beginning, with a new line, S 56°35'12" E a distance of 956.51' to a rebar with cap set; thence S 25°45'17" E a distance of 111.43' to a rebar with cap set; thence S 25°45'17" E a distance of 50.00' to a point in the centerline of a creek on the line of Penny Adams Herring (now or formerly, see Deed Book 2795, Pg. 815); thence, with the Herring line and with the creek, S 14°35'58" W a distance of 23.24' to a rebar with cap set; thence S 83°10'20" W a distance of 39.05' to a point; thence S 53°09'18" W a distance of 26.77' to a point; thence S 18°00'54" W a distance of 3.73' to a point, said point being a common corner with Herring and another Jackson Farming Company, LLC parcel; 14 4.27.22 mtc/rwb Page 15 of 15 thence, with the Jackson Farming common line and with the creek, S 18°00'54" W a distance of 10.02' to a rebar with cap set; thence S 18°42'54" E a distance of 14.30' to a point; thence S 20°49'13" W a distance of 65.28' to a point; thence S 24°15'52" W a distance of 84.74' to a point; thence S 33°36'36" W a distance of 76.65' to a point; thence, leaving said creek, N 77°52'36" W a distance of 23.77' to an existing 2" iron pipe; thence N 77°52'36" W a distance of 36.23' to a rebar with cap set; thence N 77°52'36" W a distance of 59.45' to a rebar with cap set; thence, with a new line, N 32°24'57" W a distance of 84.85' to a rebar with cap set; thence N 56°51'27" W a distance of 678.14' to a rebar with cap set; thence N 09°39'05" W a distance of 276.17' to a rebar with cap set; thence N 39°34'38" W a distance of 29.74' to a rebar with cap set; thence N 27°07'50" E a distance of 203.8Q' to the point of Beginning; containing 9.533 acres, more or less, and shown as CE "D" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, entitled "Conservation Easement for Wildlands Engineering, Inc., Cox Pond Riparian Buffer and Nutrient Offset Mitigation Bank" dated April 25, 2022 and recorded in Plat ee9C4C ? , I cog- A of the Wayne County Register of Deeds. Et 15 4.27.22 mtc/rwb 1' Page 1 of 2 Cliz-%\) CERTFICATE OF OWNERSHIP AND DEDICATION We hereby certify that we are the owners of the property shown and described hereon. We hereby accept and adopt this recorded plat and conservation easement with our free consent and dedicate, grant, and convey all easements, right-of-ways, and access roads to public and/or private use as noted herein. Zif2%cf;Ift .1-G)0-64414(1 11,2.1 OWNER DATE CERTFICATE OF SURVEY AND ACCURACY: I, David S. Turner, certify that this map was drawn under my supervision from an actual survey made under my supervision (Deed Description recorded in Book as , Page shown ); that the boundaries not surveyed are clearly indicated as drawn from information shown on the face of this map; that the traverse ratio of precision is 1:10419; that the global positioning system (GPS) survey performed to establish the grid tie for the traverses used the information shown below; and that this plat was prepared in accordance with G.S. 47-30 as amended. (1) Class of Survey: Class AA (2) Positional accuracy at 95% confidence level: Horizontal= 0.048 USFT, Vertical= 0.073 USFT (3) Type of GPS field procedure: Real -Time Kinematic(RTK)/VRS (4) Dates of survey: Jan -Aug 2021 (5) Datum/Epoch: NAD83 (2011) / 2021 (6) Published/Fixed-Control use: Site GPS Control Point #2 Northing= 543,532.29 USFT, Easting= 2,273,387.70 USFT, Elev.= 143.18 (7) GEOID Model: GEOID12b (8) Combined Grid Factor: 0.99986576 (9) Units: US FEET (10) CORS Used: NCGO, NCSF, NCKI, NCWL, NCEC, NCCN, NCKN I also hereby certify that this plat is of one of the following: GS 47-30 F(11) D; that the survey is of another category, such as the recombination of existing parcels, a court -ordered survey, or other exemption or exception to the definition of subdivision Witness my original signature, registration number, and seal this 25th day of April, 2022. DAVID S. TURNER„P.L.S. #L-4551 CA N Ro` � `���040FES8jp�7'%'y%; • Q 9e•• SEAL : - - .r L-4551 0:: '9 0- 9y�.SUR`i((c• ��� illittO LEGEND: CONSERVATION EASEMENT (CE) PROPERTY LINE - ADJOINING DEED LINE - - - - EXISTING EASEMENT - - - - RIGHT-OF-WAY (R/W) TIE LINE - DITCH/STREAM TOP OF BANK - - OVERHEAD POWER LINE • CE CORNER ® PROPERTY (FOUND& DESCRIBED) R O CC CALCULATED CORNER EIP EX. IRON PIPE ERB EX. IRON REBAR EIS EX. IRON STAKE IPs IRON PIPE SET N/F NOW OR FORMERLY /CP#2 GPS SITE CONTROL PT. *GRID TIE: CP#2-CONTROL PT. 12 CP#1-CONTROL PT. /1 NC GRID NAD83 (2011) NC GRID NAD83 (2011) N: 543,532.29 USFT N: 54,5,765.67 USFT E. 2,273,387.70 USFT E• 2,273,047.18 USFT CP#2 to CP/1 S 55'34'29 E 412.87' GROUND (412.82'GRID) COMBINED GRID FACTOR=0.99986576 GENERAL NOTES: 1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. 2. THE BASIS OF BEARINGS IS NCGS STATE PLANE GRID COORDINATES NAD83(2011) DATUM. 3. THE AREA SHOWN HEREON WAS COMPUTED USING THE COORDINATE COMPUTATION METHOD. 4. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S). 5. THE PURPOSE OF THIS PLAT IS TO SERVE AS A REFERENCE FOR THE CREATION OF A CONSERVATION EASEMENT. THIS PLAT IS NOT A BOUNDARY SURVEY. THE LAND PARCELS AND THEIR BOUNDARIES AFFECTED BY THIS CONSERVATION EASEMENT ARE NOT CHANGED BY THIS PLAT. 6. LINES NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE AND WERE TAKEN FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT. 7. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND THEREFORE MAY NOT SHOW ALL ENCUMBRANCES UPON THE SUBJECT PROPERTY. A LICENSED ATTORNEY -AT -LAW SHOULD BE CONSULTED REGARDING CORRECT OWNERSHIP, WIDTH, AND LOCATION OF EASEMENTS AND OTHER TITLE QUESTIONS REVEALED BY A TITLE EXAMINATION. THE SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR ENCUMBERANCES, RESTRICTIVE COVENANTS, EASEMENTS OF RECORD, OWNERSHIP, TITLE EVIDENCE, OR OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE EXAMINATION MAY DISCLOSE. 8. PROPERTY IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA PER FIRM MAPS # 3720257400K WITH REVISED EFFECTIVE DATE OF JUNE 20, 2018. 9. CONSERVATION EASEMENT CORNERS ARE MARKED WITH 5/8" REBAR WITH PLASTIC CAPS. IPS i i )GAI• 26500 c Presented For Registration Date J 1,tyt C ¥4) 70 27 Time 11:55:61 AM PM CONSTANCE B. CORAM Register of Deeds Wayne County. N.C. L57 "EIS L54 Op <tritt V� p//v, C. y 8 pC eEST \ SY4 42/se 2 �4x 672? l4 FARMING COMPANY LLC D.B. 3275, PG. 596 PIN: 2574-41-3713 COX POND RD. NCSR #1137 VARIABLE R/W CONSERVATION EASEMENT AREA A= 2.090 Acres B= 8.061 Acres C= 3.767 Acres D= 9.533 Acres TOTAL= 23.451 Acres OWNER: JACKSON FARMING COMPANY, LLC 122 Cox Pond Rd. Mt. Olive, NC 28365 v -L43-- L4 1 2 RB Z6, so NAIL REVIEW OFFICER CERTIFCATION State of North Carolina County of Wayne I, pug e , Review Officer of Wayne County, certify that' this map or plat to which this certification is affixed, meets all statutory requirements for recording for which the Review Officer has responsibility as provided by law. e� Icer / N/F WILLIAM L. JACKSON D.B. 1035, PG. 149 PIN: 2574-41-9910 / 4Sa PK NAJL / EDGE OF PAVEMENT \ 150' -►4 - Date LINE TABLE LINE BEARING DISTANCE L 1 S 25'45' 17" E 111.43' L2 NOT USED L3 S 25'45'17' E 50.00' L4 S 14'35'58" W 23.24' L5 S 83'10'20" W 39.05' L6 S 53'09'18" W 26.77' L7 S 18'00'54" W 3.73' L8 S 69'20'10" E 50.00' L9 S 69'20'10" E 186.92' L10 N 70'13 20" W 70.50' L11 N 23'13'20" W 165.00' L12 N 09 21 '22" W 26.87' L13 N 20'39'06" W 21.17' L14 N 14'41'27" E 14.07' L15 N 02'49'46" E 69.86' L16 N 0730'12" W 53.48' L17 N 04'05'48" W 29.11' L18 N 1626'58" W 35.68' L19 N 02'45'56" E 19.62' L20 N 15'19'17" E 24.40' L21 N 06'14'59" E 47.55' L22 N 06'14'59" E 15.41 r L23 N 31'04'45" E 62.33' L24 N 22'51'49" E 42.43' L25 N 30'43'42" E 51.88' L26 N 7752'36" W 119.45' L27 N 32'24'57" W 84.85' L28 N 39'34'38" W 29.74' L29 N 2707'50' E 203.80' L30 S 0758'13" W 210.24' L31 S 13'21'30" W 196.86' L32 S 1713'57" W 166.34' L33 N 73'45'57" W 102.27' L34 N 66'09'38" E 311.53' L35 N 33'36'36' E 76.65' L36 N 24'15'52" E 84.74' L37 N 20'49'13" E 65.28' L38 N 18'42'54" W 14.30' L39 N 18'00'54" E 10.02' L40 S 19'53'21 " W 41.39' L41 N 3753'50" W 145.06' L42 N 09' 11 '53" E 57.26' L43 N 8702'28' W 108.96' L44 N 04'27'53' E 126.98' L45 N 11'06'48" E 306.76' L46 N 71'36'54" W 348.57' L47 N 03'24'56" E 64.12' L48 S 70'54'52" E 485.87' L49 S 16'04'20' W 203.73' L50 S 70'05'08' E 40.20' L51 S 1226123" W 152.69' L52 S 01'44'58" W 137.27' L53 S 34'06r53" E 102.19' L54 S 70'54'39" E 5.89' L55 N 070020" E 116.01' L56 N 07'00'20' E 41.01' L57 S 70'33'18" E 4.45' L58 S 70'05'01 " E 166.14' L59 S 08'4759' W 107.71' L60 N 70'05'56. W 141.34' L61 S 16'39'50" W 186.13' L62 S 17'02'01 " W 29.85' L63 S 73'24133" E 159.44' L64 S 73'48'33" E 26.41' L65 S 14'57'28" W 30.87' L66 N 26'52'40" W 57.47' 0' 150' 300' SCALE: 1 inch = 150 feet (18x24) RNERP.O. BOX 148 SWANNANOA, NC 28778 P-0702 (919)-827-0745 LAND SURVEYING: www.turnerlandsurveying.com Certified DBE/WBE SURVEY: JAN: AUG. 2021 SURVEYED BY: NU/PG/HK DRAWN BY: DST/EGT, REVIEWED BY: DST TLS PROJ.: 20-027 PLAT DATE: 4/25/2022 CONSERVATION EASEMENT FOR WILDLANDS ENGINEERING, INC. COX POND RIPARIAN BUFFER and NUTRIENT OFFSET MITIGATION BANK (NCDWR Project ID Number 2020-1942 v2) BROGDEN TOWNSHIP WAYNE COUNTY NORTH CAROLINA CAD FILE: COX POND_BUFFER CE F Rev.DWG (SCALE: 1" = 150' SHEET 1of2 1 1 Page 2 of 2 (fz/N) t INSET R, P/L.S. #L-4551 S\4`)..40/.0;/;.+;% \\�oN11�A R04/0 SEAL : 1--L-4551 cr: 9g0 . S R, O. ////�//S.I IT V `\\\�� / C INSET SCALE: 1 inch = 100 feet LEGEND: CONSERVATION EASEMENT (CE) PROPERTY LINE - ADJOINING DEED LINE - - - - EXISTING EASEMENT - - - - RIGHT-OF-WAY (R/W) TIE LINE - DITCH/STREAM TOP OF BANK - OIP - OVERHEAD POWER LINE • CE CORNER ® CORNER (FOUND & DESCRIBED) CALCULATED CORNER EX. IRON PIPE EX. IRON REBAR EX. IRON STAKE IRON PIPE SET NOW OR FORMERLY GPS SITE CONTROL PT. 0 CC EIP ERB EIS IPS N/F , CP#2 CONSERVATION EASEMENT AREA A= 2.090 Acres B= 8.061 Acres C= 3.767 Acres D= 9.533 Acres TOTAL= 23.451 Acres, NOTES: 1. SEE SHEET 1 FOR GENERAL NOTES, CERTIFICATIONS, AND LINE TABLE. 150' 0' 150' 300' SCALE: 1 inch = 150 feet (18x24) EDGE OF , PAVEMENT ' / \// "EIS \ \ \ POINT OF BEGINNING ZELDA/F B COX D.B. 647, PG. 398 PIN: 2574-22-8449 a O R/W - - 1/2" Z6¢ ERB O • 1RB PK NAIL OWNER: JACKSON FARMING COMPANY, LLC 122 Cox Pond Rd. Mt. Olive, NC 28365 .9. N/F JACKSON FARMING COMPANY LLC D.B. 2816, PG. 411 PIN: 2574-34-9528 /F SOUTHERN PRODUCE DISTRIBUTORS INC. D.B. 1194, PG. 719 \✓ PIN: 2574-34-6163 `\ f \ \ F JACKSON FARMING COMPANY LLC D.B. 2816, PG. 411 PIN: 2574-33-4662 CE "D" 9.533 ACRES 4, 4' W 4 4' 4, 4, W 4' W 4' 4, 4, 4, 4, 4, 4, 4, L23 L22 4, 4, y CL CREEK IS PR9PERY,,LINE CE'B" 8.061 ACRES 4, 4, y 4, 4, 4, W 4, 4, 4, y y W 4, 4, 4' 4, 4' 4, 4' 4, 4, y W 4' W 4, W 4, 4, 4, y y 4, W W W 4, 4, W 4, * 'J 4, C .h O C 86 ,� ti N/ F . 88 "EI JACKSON II / 5.79' 2 D.B. 2938, PG. 614 PIN: 2574-31-4805/ // W / /9 / / I/ '4'1 .V / I "I' y 4, CC EDGE OF PAVEMENT N/F (HEIRS) PIN: 2574-31-7819 4, POINT OF BEGINNING N/F JACKSON FARMING COMPANY LLC PIN: 2574-32-3190 07 PON CC 3m= / S MN• O/ ?�n a / 6u M Q. J o• CD �. N S/VO p�R # RD J�/\ cc ▪ ERB CC CL CREEK IS PROPERY LINE CE "C" 3.767 ACRES N/F JACKSON FARMING COMPANY LLC PIN: 2574-44-4431 PENNY ADAMS HERRING PIN: 2574-43-9317 9. N/F JACKSON FARMING COMPANY LLC PIN: 2574-42-0745 LU 21 L57 1"EIS 120' /' to N/F JACKSON FARMING COMPANY LLC PIN: 2574-41-3713 Skit- RNER P.O. BOX 148 SWANNANOA, NC 28778 P-0702 (919)-827-0745 Certified DOE/WOE SURVEY: JAN.-AUG. 2021 DRAWN BY: DST/EGT SURVEYED BY: NU/PG/HK 'REVIEWED BY: DST TLS PROJ.: 20-027 'PLAT DATE: 4/25/2022 CONSERVATION EASEMENT FOR WILDLANDS ENGINEERING, INC. COX POND RIPARIAN BUFFER and NUTRIENT OFFSET MITIGATION BANK (NCDWR Project ID Number 2020-1942 v2) BROGDEN TOWNSHIP WAYNE COUNTY NORTH CAROLINA CAD FILE: COX POND_BUFFER SCALE: 1" = 150' ) SHEET 2 of 2