20201940 Ver 2_Recorded Easements and Plat_20220727

Mitigation Project Information Upload
ID#* 20201940
Version* 2
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Katie Merritt
Initial Review Completed Date 07/27/2022
Mitigation Project Submittal - 7/27/2022
..................................................................................................................................................................................................................................................................
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#:*
20201940
Existing ID#
Project Type:
Project Name:
County:
DMS • Mitigation Bank
Rosewood Buffer Mitigation Site
Wayne
Document Information
Mitigation Document Type: *
Mitigation Conservation Easement
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............................................
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Signature:*
Email Address: *
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Version:* 2
Existing Version
Rosewood Recorded Easements and Plat.pdf 3.32MB
Please upload only one PDF of the complete file that needs to be submitted...
Andrea Eckardt

Page 1 of,14
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�1111111111{l{Ili{lllllllllllfl{llllll{lll14�111{{ll{lllll{Ill{{MlSlllllllllll
Doc ID: 013381750014 Type: CRP
Recorded: 07/19/2022 at 01:00:46 PM
Fee AM.$1,496.00 Pape i of 14
Revenue Tax: $1,470.00
WAYNE COUNTY, NC
%CONSTANCE B. CORAM REGISTER OF DEEDS
6 K3752PG639-652
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, North Carolina 28203
Attn:,Matt Covington
2�e
bq �6
1
4
SPACE ABOVE THIS LINE FOR RECORDER'S
USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this 19th day of July, 2022 by and
between Ronald E. Waters, unmarried ("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
1
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 deed recorded in Deed Book
2890 at Page 739 of the Wayne County Registry, North Carolina Registry, identified as Tax Parcel
Identification Number 2670-53-4130;
WHEREAS, Grantee is a 501(c)(3) North Carolina nonprofit corporation whose purpose is the
conservation of the property and which is qualified to be the Grantee of a conservation easement
pursuant to N.C. Gen. Stat.§ 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the
Property inits natural state, which includes the following natural communities: unnamed tributaries and
open field ditches which flows into Charles Branch and eventually to the Neuse River. The purpose of
this Conservation Easement is to maintain riparian resources and other natural values of approximately
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35.687 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 for any purpose or in any manner that would conflict with
the maintenance in its natural condition.
WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings
111, LLC Rosewood/Black Dirt Nutrient Offset and Buffer Umbrella Mitigation Banking Instrument
("MBI") (DWR #2020-194Ov2). The Conservation Easement Area will be restored to a natural vegetated
condition as provided in and specified in Rosewood Mitigation Bank Parcel Bank Parcel Development
Package ("BPDP"). The Rosewood 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 Ill, 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 these rights are in addition to, and do not limit
the enforcement rights under the MBI, BPDP, 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 Rosewood 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 1.
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 11.
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.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
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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
volunteertrees 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 Il.
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. Signaee. 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.
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
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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 two contiguous land areas totaling approximately 35.687 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, otherthan for temporary access
for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as
described in the MBI 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.
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
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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 MBl 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
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.
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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 Conservatiion 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 Severability. The MBI, BPDP and this instrument set forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all prior
discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall
continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or
liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation
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/ J
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 forthe 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, orwhich 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). -brantee 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:
Ronald W. Waters
155 Perkins Mill Road
Goldsboro, NC 27530
To Grantee:
Unique Places to Save
P 0 Box 1183
Chapel Hill, NC 27514
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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. BPDP. 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 November 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.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
[signatures to follow]
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iN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above
written.
rNTOR
LAJ (SEAL)
Ronald E. Waters
Date:
NORTH CAROLINA COUNTY OF WO 'VU
I, ersi{SC��O�Q J\. AkOorC C6 , a Notary Public in and for the County and State aforesaid, do
hereby certify that Ronald E. Waters, Grantor, personally appeared before me this day and
acknowledged the execution of the foregoing instrument.
IN ITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the Q day of
, 2022.
{{{111171711111f/ �! i'���Y'll'����V7� f/!• _. --
,•.�•`'� P. ASV'%,� Notary Public
1=0�AR)-``�0" My commission expires:
- 1 '
Ie1i1111111{I0
N
I
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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
r.
By: (SEAL)
NAME zye
Date: % f
NORTH CAROLINA COUNTY OF (W &V1 %t
I, . &) R'kli Z 00,ViS . a Notary Public in and for the County. and State aforesaid, do
hereby certify that J$ cif- r'i SHlr personally appeared before me this day and
acknowledged that he is _600r& OifQ,tjr of•, VA lt+ AUtj IrnSA,Vi?a non-profitcorporation, and
that he, as _ BOp,('f11 0iV_t(A1Y_ , 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 �_ day of
I � j U� 2022.
CmLw-rqpm's�
Nota y Pubic is Notary Public
Durham -County
M Commission Ca Ires 10 19 2026 My commission expires:
tiuz
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EXHIBIT A
Parcels ti
Project Parcels
2670534130
This map is not a certified survey
and has not been reviewed by a
local governmentagency for
compliance with any applicable
land development regulation and
has not been reviewed for
compliance with recording
requirements for plats.
Exhibit A - Property
W I L D L A N D S Rosewood Mitigation Bank Parcel
ENGINEERING 0 250 500 Feet Black Dirt and Rosewood Mitigation Bank
ICJ Neuse River Basin (03020201)
Wayne County, NC
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EXHIBIT B
Description of Conservation Easement Areas for Wildlands Engineering, Inc., Rosewood
Riparian Buffer and Nutrient Offset Mitigation Bank located in Pork Township, Wayne
County, North. Carolina. All references to the Wayne County 'Register of Deeds unless
otherwise noted.
C E "A"
Beginning at a rebar with cap set on the northern right-of-way of Braswell Rd. (NCSR #1239),
said rebar being located S 08"13'09" W 390.56' from Site Control Point CP#2 (rebar with
plastic cap) having NC Grid Coordinates [NAD83(2011)] N=603,362.04 USft, E=2,275,384.42
USft, said rebar being N 78°36'18" E a distance of 389.26' from an existing PK Nail in the
centerline of the road, said PK Nail being the southeast corner of Nelson Radford and Sheila
D. Radford (now or formerly, see Deed Book 2483, Pg. 511);
thence, from the point of Beginning, with a new line, N 34°22'52" W a distance of 106.53' to a
rebar with cap set;
thence N 14°39'02" W a distance of 253.29' to a rebar with cap set;
thence N 10'67'38" W a distance of 293.11' to a rebar with cap set;
thence N 88°53'51" W a distance of 148.67' to a rebar with cap set;
thence N 88055'42" W a distance of 217.32' to a rebar with cap set on the line of Joyner Family
Enterprises, LLC (now or formerly, see Deed Book 1998, Pg. 285);
thence, with the Joyner line, N 13°07'29" W a distance of 196.38' to an existing %" rebar;
thence N 13°07'29" W a distance of 14.88' to a rebar with cap set in the centerline of a ditch;
thence, with the ditch, S 89°10'07" E a distance of 437.23' to a rebar with cap set;
thence S 89017'32" E a distance of 138.41' to a rebar with cap set at the intersection with
another ditch;
thence, with said ditch, N 11'55'51" W a distance of 71.04' to a rebar with cap set;
thence N 11 °31'26" W a distance of 70.51' to a rebar with cap set;
thence N 17°08'25" W a distance of 82.26' to a rebar with cap set;
thence, leaving said ditch, with a new line, S 66°21'15" E a distance of 261.50' to a rebarwith
cap set;
thence S 12°17'32" E a distance: of 223.51' to a rebar with cap set;
thence S 84045'49" E a distance of 711.21' to a rebar with cap set;
thence S 84°22'39" E a distance of 442.45' to a rebar with cap set in the line of N Projects LLC
(now or formerly, see Deed Book 3178, Pg. 554);
thence, with N Projects LLC line, S 04°54'56" W a distance of 207.64' to a rebar with cap set in
a ditch at the intersection with another ditch, said rebar being N 84°24'13" W a.distance of
10.93' from an existing 1" iron rod;
thence, with the ditch, N 84*24'13" W a distance of 1,312.12' to a rebar with cap set at the
intersection with another ditch, said rebar being the northwest corner of Stephen M. Jack and
Christine K. Jack (now or formerly, see Deed Book 2508, Pg. 644 and Plat Cabinet K, Pg. 75-
A, Lot 1);
thence, with the Jack line, with the ditch, S 13°42'01" E a distance of 372.00' to a rebar with
cap set;
thence S 32°57'14" E a distance of 196.99' to a rebar with cap set on the northern right-of-way
of Braswell Rd. (NCSR #1239);
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thence, with the`right-of way, S 89°32'00" W a distance of 104.59' to a rebar with cap set;
thence S 88°01'36" W a distance of 131.53' to the point of Beginning;
containing 13.360 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., Rosewood Riparian Buffer nd Nutrient Offset Mitigation
Bank" dated April 20, 2022 and recorded in Plat Bak ,.page of the
Wayne County Register of Deeds. CVt6.,;#,+ SI;JA—
CE ','B"
Beginning at a rebar with cap set on the common line of Spring Hill Family Farms, LLC
(now or formerly, see Deed Book 3071, Pg. 697) and Ronald E. Waters and Paula Waters
(now or formerly, see Deed Book 2890, Pg. 739), said rebar being located N 05°06'51" E
1,542.93' from Site Control Point,CP##2 (rebar with plastic cap),having NC Grid Coordinates
INAD83(2011)] N=603,362.04 USft, E=2,275,384.42 USft, said rebar being N 31°28'35" W a
distance of 165.21' from an existing 112" iron rod;
thence, from the point of Beginning, with a new line, S 59009'42" W a distance of 172.77'
to a rebar with cap set;
thence S 27"10'41" E a distance of 358.78' to a rebar with cap set;
thence N 64"42'47" E a distance of 177.11' to a rebar with cap set;
thence N 65'06'13" E a distance of 208.62' to a rebar with cap set;
thence S 27°31'59" E a distance of 469.41' to a rebar with cap set;
thence N 06"18'00" W a distance of 559.63' to a rebar with cap set on the Spring Hill
Family Farms line;
thence, with the Spring Hill Family Farms line, N 85°10'35" E a distance of 150.57' to an
existing %" iron pipe, said pipe being the southeast corner of Thomas C. Breedlove and
Deborah B. Breedlove (now or formerly, see Deed Book 2436, Pg. 46);
thence, with the Breedlove line, N 85"00'20" E a distance of 59.70' to an existing.'/z" rebar,
said rebar being the northwest corner of Gerald B. Mitchell and Jimmie H. Mitchell (now or
formerly, see Deed Book 962, Pg. 359);
thence, with the Mitchell line, S 05046'43" E a distance of 317.17' to an existing'/" rebar;
thence, with a new line, S 06°48'21" E a distance of 242.19' to a rebar with cap set;
thence S 06°40'57" E a distance of 427.89' to a rebar with cap set;
thence N 79°31'15" W a distance of 532.12' to a rebar with cap set;
thence N 66021'39" W a distance of 352.11' to a rebar with cap set in a ditch on the line of
Archie Lehman Smith III -(now or formerly, see Deed Book 1432, Pg. 92);
thence, with the Smith line, with the ditch, N 17°07'27" W a distance of 17.35' to a rebar
with cap set;
thence N 27°45'27" W a distance of 340.31' to a rebar with cap set;
thence N 26°02'25" W a distance of 300.56' to a rebar with cap set;
thence N 28°37'41 " W a distance of 157.74' to a rebar with cap set;
thence N 24044'37" W a distance of 113.05' to a rebar with cap set;
thence N 22021'34" W a distance of 111.50' to a rebar with cap set;
thence N 12-12-23" W a distance of 114.03' to a rebar with cap set;
thence N 10"44'19" W a distance of 141.44' to an existing'/z" iron pipe;
thence N 52°43'05" W a distance of 30.11' to a rebar with cap set;
13
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thence, with a new line, with a ditch, N 31 °37'03" W a distance of 32.61' to a rebar with
cap set;
thence N 33056'37" W a distance of 96.62' to a rebar with cap set;
thence N 34°03'00" W a distance of 114.95' to a rebar with cap set;
thence N 34003'21" W a distance of 113.16' to a rebar with cap set;
thence N 31 "43'25" W a distance of 112.26' to a rebar with cap set,
thence N 31 °52'22" W a distance of 111.90' to a rebar with cap set;
thence N 21 °56'00" W a distance of 16.17' to a rebar with cap set;
thence, leaving the ditch, N 61 021'40"- E a distance of 201.30' to a rebar with cap set;
thence S 3301 T19" E a distance of 402.65' to a rebar with cap set;
thence S 3301719" E a distance of 164.34' to a rebar with cap set;
thence N 46°32'22" E a distance of 62.72' to a rebar with cap set, in the ditch, on the
Spring Hill Family Farms line;
thence S 31 °28'35" E a distance of 632.38' to the point of Beginning, passing an existing
'/2" rebar at 9.77';
containing 22.327 acres, more or less, 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., Rosewood Riparian Buffer d Nutrient Offset Mitigation
Bank" dated April 20, 2022 and recorded in Plat Beak_, P q-A 1'? of the
Wayne County Register of Deeds. 094i z4- Sl, e-
14
5.23.22 mtc

Page 1 of 12
9
' I Illill Ills I I[� Illll II[il I lil IIIEI IIIII lllll �IIII II I I[IIl 11 II I[III I[II I[ll
Doc ID: 013381790012 Type: CRP
Recorded: 07/19/2022 at 01:19:44 PM
Fee Amt: $438.00 Pape 1 of 12
Revenue Tax: $412.00
V4fAYNE GOUNTY, HC
�LL,CON5TANCE B. CO(R�AM REGISTE`RR'O]F DEEDS
gK3752 PG666-6 1 f
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, North Carolina 28203
Attn: Matt Covington
SPACE ABOVE THIS LINE FOR RECORDER'S
USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT .("Conservation Easement") made this 19th day of July, 2022 by and
between Spring Hill Family Farms, 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 deed recorded in Deed Book
3071 at Page 697 of the Wayne County Registry, North Carolina Registry, identified as Tax Parcel
Identification Numbers 2670-55-3301, 2670-55-3851, 2670-55-4703, 2670-55-4654, 2670-55-5505,
2670-55-5457, 2670-55-6317, and 2670-55-7320;
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; ,
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 tributarieiand
open-field ditches which flow into Charles Branch and eventually to the Neuse River. The purpose of this
5.23.22 mtc

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Conservation Easement is to maintain riparian resources -and other natural values of approximately
11.438 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 of its natural condition.
WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings
III, LLC .Rosewood/Black Dirt'Nutrient Offset and Buffer Umbrella ,Mitigation Banking Instrument
("MBI") (DWR #2020-1940v2). The Conservation Easement Area will be restored to a natural vegetated
condition as provided in and specified in Rosewood Mitigation Bank Parcel Bank Parcel Development
Package ("BPDP"). The Rosewood 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 III, 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 these rights are in addition to, and do not limit
the enforcement rights under the MBI, BPDP, 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 Rosewood 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.
Without limiting the generality of the foregoing, the following activities and uses are expressly
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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 Easernent.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 11.
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.
L
G. Si na e. 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 undergrodnd'or aboveground storage tanks or other materials on the Conservation Easement Area is
prohibited.
1. 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.
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
j
3
5.23.22 mtc

Page 4 of 12
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 one contiguous land area totaling approximately 11.438 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 forma 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, otherthan for temporary access
for purposes of maintaining the: Conservation Easement Area during the five-year monitoring period as
described in the MBI 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.
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
4
5.23.22 mtc

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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 I, 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 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
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.
5.23.22 mtc

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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 Severability. The MBI, BPDP and this instrument set forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all prior
discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall
continue in full force and effect.
E. Obligations -of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or
liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation
Al
5.23.22 mtc

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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 impossfble 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 asto 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.
1. 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:
Borden Franklin Howell, Jr.
Spring Hill Family Farms, LLC
164 Frankies Lane
Goldsboro, NC 27530
To Grantee:
Unique Places to Save
'PO Box1183
Chapel Hill, NC 27514
7
5.23.22 mtc

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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 orthe 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. BPDP. 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 November 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.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
[signatures to followl
S
5.23.22 mtc

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IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above
written.
GRANTOR:
SPRING HILL FAMILY FARMS, LLC, a North Carolina
Iimited liability company
By: ecaZit ! I / (SEAL)
Borden Franklin Howell, Jr., Manager
Date: 1 -I q -,90 21
NORTH CAROLINA COUNTY OF_ JAMO
I certify that Borden Franklin Howell, Jr. personally appeared before me this day,
acknowledging to me that he is Manager of Spring Hill Family Farms, LLC, a North Carolina
limited liability company and that he, as Manager, being authorized to do so, executed the
foregoing on behalf of Spring Hill Family Farms, LLC.
IN WITH SS WHEREOF, i, have hereunto set my hand and Notary Sea[ this the Q �- day .of
2022.
ymaek--
Notary Public
My commission expires:
01
.5.23.22 mtc

Page 10 of 12
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above
written.
r
GRANTEE:
UNIQUE PLACES TO SAVE, a North Carolina 4
non-profit corporation
By:
Dat
SEAL)
i
r NORTH CAROLINA COUNTY OF �Ttu1 QI
I, NAB Ah�. 7OAV'IJ , a Notary Public in and for the County and State aforesaid, do
hereby certify that 3W r _ __ _ � personally appeared before me this day and
` acknowledged that he is 'A ONK Ek QjVtL b! of VAi ydt A On *.-- a non-profit
corporation, and that he, as _lend rek Qj)Cf( 0( , 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 I— day of
UVAI 2022.
I:
DurharhAounty
North 0050fina.
Notary Public
OaLv -
Notary Public f
My commission expires:
zo2G
10

Page 11 of 12
EXHIBIT A
2670553301
This map is nota 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.
2670553851
Parcels
Project Parcels
r 1 I
Exhibit A - Property
, W I L D L A N D' S Rosewood Mitigation Bank Parcel
e NO I N E ER I NC,- 0 150 300 Feet Black oirt and Rosewood Mitigation Bank.
Neuse River Basin (03020201)
Wayne County, NC
11
5.23.22 mtc
r

Page 12 of 12
EXHIBIT B
Description of Conservation Easement Area for Wildlands Engineering, Inc., Rosewood'
Riparian Buffer and Nutrient Offset Mitigation Bank located in Fork Township, Wayne
County, North Carolina. All references to the Wayne County Register of Deeds unless
otherwise noted.
CE "C"
Beginning at a rebar with cap set on the common line of Spring Hill Family Farms, LLC
(now or formerly, see Deed Book 3071, Pg. 697) and Ronald E. Waters and Paula Waters
(now or formerly, see Deed Book 2890, Pg. 739), said rebar being located N 05°06'51" E
1,542.93' from Site Control Point CP#2 (rebar with plastic cap) having NC Grid Coordinates
[NAD83(2011)] N=603,362.04 USft, E=2,275,384.42 USft, said rebar being N 31°28'35" W a
distance of 165.21' from an existing 112" iron rod;
thence, from the point of Beginning, with the common line, N 31 °28'35" W a distance of
632.38' to a rebar with cap set in a ditch, passing an existing'/z" rebar at 622.61';
thence, with a new line, with the ditch, N 46032'22" E a distance of 206.22" to a rebar with
cap set in the ditch;
thence N 43°33'32" E a distance of 62.17' to a rebar with cap set in the ditch, said rebar
being the south corner of Melissa K. Price (now or formerly, see Deed Book 3177, Pg. 778
and Plat Cabinet L, Pg. 26-E);
thence, with the Price fine, with the ditch, N 43°37'21" E a distance of 205.63' to a rebar
with cap set in the ditch, said rebar being the south corner of Stephen b. Ham and Kristina
M. Ham (now or formerly, see Deed Book 1117, Pg. 528 and Plat Cabinet E, Pg. 82);
thence, with the Ham line, with the ditch, N 44019'56" E a distance of 183.91' to a rebar
with cap set;
thence, with a new line, S 31 °06'06" E a distance of 542.32' to a rebar with cap set;
thence N 52°1 T43 E a distance of 23.44' to a rebar with cap set on the western right-of-
way of Rab Trail (NCSR #1276);
thence with a curve turning to the left with an arc length of 147.05', with a radius of
194.00', with a chord bearing of S 59"25'12" E, with a chord length of 143.55' to an
existing'/z" iron pipe, said iron pipe being the northwest corner of Thomas H. Dupree and
Christie N. Dupree (now or formerly, see Deed Book 2149, Pg. 322);
thence, with the Dupree line, S 08°50'33" E a distance of 171.64' to a rebar with cap set on
the line of William G. Luck, Jr. and Linda R. Luck (now or formerly, see Deed Book 1178,
Pg.. 196);
thence, with the Luck line, S 89'47'16" W a distance of 9.67' to an existing V iron pipe;
thence S 89°47'15" W a distance of 10.00' to a rebar with cap set in a ditch;
thence, with the ditch, S 21 °43'33" E a distance of 128.28' to a rebar with cap set;
thence, with a new line, S 70°42'39" W a distance of 589.52' to the point of Beginning;
containing 11.438 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
Wildiands Engineering, Inc., Rosewood Riparian Buffer a d Nutrient Offset Mitigation
Bank" dated April 20, 2022 and recorded in Plat B&ek 1,P 1-3 of the
Wayne County Register of Deeds.
12
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