HomeMy WebLinkAbout20110720 Ver 2_Correction Easement Deed_20140902Strickland, Bev
From:
Kulz, Eric
Sent:
Tuesday, September 02, 2014 9:14 AM
To:
Strickland, Bev
Subject:
FW: cedar grove
Attachments: EBX Neuse - Cedar Grove - Correction Easement Deed.docx
Sorry, meant to send this one with the attachment
11 -0720
From: Ashley Warner [mailto:shly.myrs amail.com]
Sent: Friday, August 29, 2014 8:44 AM
To: Pruitt, Carl E SAW; Kulz, Eric; Harrison Stewart
Subject: cedar grove
Slight revision on the warranties section. I think this makes it more legally correct in what Carl and I discussed
yesterday.
All, again, please shoot over your approval to make the change.
Thank you,
Ashley L Warner, Esq.
PERRY, PERRY & PERRY ATTORNEYS
P.O. Drawer 1475
Kinston, NC 28503
Phone: (252) 523 -5107
Fax: (252) 523 -8858
Web: www.kinstonattorney.com
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PREPARED BY AND RETURN TO:
Ashley L. Warner
PO Drawer 1475
Kinston, NC 28503 -1475
STATE OF NORTH CAROLINA CORRECTION TO PERMANENT
CONSERVATION EASEMENT
COUNTY OF ORANGE
THIS CORRECTION TO PERMANENT CONSERVATION EASEMENT ( "Conservation
Easement ") made this day of August, 2014, by and between EBX -NEUSE I, LLC, being one and
the same as EBX NEUSE I, LLC, a Maryland Limited Liability Company with its principal office
located at 10055 Red Run Blvd., Suite 130, Owing Mills, MD 21117 -4860 ( "Grantor ") and NORTH
CAROLINA WILDLIFE HABITAT FOUNDATION, INC. a Non -Profit North Carolina Corporation
with its principal office located at 300 North Greens Street, Greensboro, NC 27429 ( "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 AND DECLARATIONS
WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Orange
County, North Carolina and being more particularly described on Exhibit A attached hereto and
incorporated herein (hereinafter referred to as the "Property");
WHEREAS, Grantee is a nonprofit corporation whose purpose is the conservation of property, and is
qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121 -35;
WHEREAS, Grantor previously conveyed a conservation easement to Grantee as evidenced by deed
of record in Deed Book 5486, Page 027 of the Orange County Registry, North Carolina;
WHEREAS, Grantee has requested certain corrections be made, said requests including that the
name of said Grantor be corrected to reflect Grantor's legal name and that certain rights be perfected
over the entire Property rather than just the Conservation Easement Property, as defined below, and
Grantor has agreed to said requests;
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: Wetland and riparian
resources that contribute to the protection and improvement of water quality, flood prevention,
fisheries, aquatic habitat, wildlife habitat, and recreational opportunities.
WHEREAS, the purpose of this Conservation Easement is to create, restore, and maintain riparian
resources and other natural values on a portion of the Property consisting of approximately 60.14
acres and being more particularly described in Exhibit B (hereinafter referred to as the "Conservation
Easement Property"), and prevent the use or development of the Conservation Easement Property for
any purpose or in any manner that would be in conflict with the restoration and maintenance of the
Conservation Easement Property in accordance with this Conservation Easement.
WHEREAS, the restoration, enhancement, and preservation of the Conservation Easement Property
is a condition of the approval of the inclusion of the Conservation Easement Property in the "Cedar
Grove Mitigation Site, Orange County, NC, Bank Parcel Development Package" dated June 15, 2012
and prepared by EcoEngineering for Environmental Banc & Exchange, LLC, ( "Cedar Grove Bank
Site ") which was approved by the North Carolina Department of Environment and Natural Resources
— Division of Water Quality ( "DWQ ", now the Division of Water Resources, "DWR "), and this
Conservation Easement may therefore be enforced by the State of North Carolina.
WHEREAS, the preservation of the Conservation Easement Property is required by the Falls Lake
Riparian Buffer and Nutrient Offset Umbrella Mitigation Banking Instrument, made and entered into
by and between Environmental Banc & Exchange, LLC, acting as the Bank Sponsor, and the North
Carolina Department of Environment and Natural Resources - Division of Water Quality ( "DWQ"
now the Division of Water Resources, "DWR "). The Cedar Grove Bank Site is intended to be used to
compensate for unavoidable riparian buffer and nutrient impacts.
WHEREAS, the preservation of the Conservation Easement Property is required by a Mitigation
Banking Instrument for the Neu -Con Umbrella Mitigation Bank, Department of the Army Action ID
199910477, entitled "Cedar Grove Mitigation Site, Orange County, North Carolina, Prospectus" and
dated July 25, 2012, and prepared by EcoEngineering for Environmental Banc and Exchange, LLC,
Army Action ID# 2012 - 00294, ( "Cedar Grove Prospectus ") for the Cedar Grove Mitigation Site,
Department of the Army Action ID # 2012 - 00294. The Mitigation Bank is to be used to compensate
for unavoidable stream and wetland impacts authorized by permits issued by the Department of the
Army and this Conservation Easement may therefore be enforced by the U.S. Army Corps of
Engineers ( "USACOE ") and any successor agency. The rights of USACOE are in addition to, and do
not limit the rights of the parties to the Mitigation Banking Instrument.
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 a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Property, together with the right to create,
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 Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Conservation Easement Property shall be restored,
enhanced, and preserved to and in its natural condition and restricted from any development that
would impair or interfere with the conservation values of the Conservation Easement Property.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the Conservation Easement Property or any introduction of non - native
plants and 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 Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and commercial activities,
including any right of passage for such purposes are prohibited on the Conservation
Easement Property.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Conservation Easement Property 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 Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Conservation Easement Property; nor enlargement or modification to existing roads, trails or
walkways.
G. Signage. No signs shall be permitted on or over the Conservation Easement Property, except
the posting of no trespassing signs, signs identifying the conservation values of the
Conservation Easement Property, signs giving directions or prescribing rules and regulations
for the use of the Conservation Easement Property and signs identifying the Grantor as owner
of the Conservation Easement Property.
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 above ground storage tanks or other materials on the
Conservation Easement Property is prohibited.
L 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 Property, except to restore natural topography or drainage patterns.
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
Property by any means, removal of wetlands, polluting or discharging into waters, springs,
seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished by
this Conservation Easement shall be transferred pursuant to a transferable development rights
scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles,
dirt bikes, all- terrain vehicles, cars and trucks is prohibited on the Conservation Easement
Property, other than for temporary or occasional access by the Grantee , its employees and
agents, successors, assigns, DWR, and USACOE for purposes of conducting the creation,
restoration, and maintenance activities within the Conservation Easement Property.
M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Property
which is or may become inconsistent with the purposes of this grant, the preservation of the
Conservation Easement Property substantially in its natural, enhanced, or restored condition,
or the protection of its environmental systems, is prohibited.
N. Mitigation Bank Activity. Notwithstanding the foregoing restrictions, Environmental Banc
& Exchange, LLC as Bank Sponsor, its successors and assigns, shall have: (i) the right to
construct, monitor, and maintain a mitigation bank on the Conservation Easement Property;
(ii) the right to change disturb or alter the natural features of the Conservation Easement
Property during the construction and monitoring phase, to the extent it is required to
compensate for unavoidable stream and wetland impacts or unavoidable riparian buffer and
nutrient impacts in accordance with the Cedar Grove Bank Site and Cedar Grove Prospectus
and (iii) the right to any and all mitigation credits derived from the Conservation Easement
Property.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for itself, it personal representatives, heirs, successors and assigns,
the right to continue the use of the Property for all purposes not inconsistent with this Conservation
Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement
Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation
Easement Property, the right to sell, transfer, gift or otherwise convey the Conservation Easement
Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
ARTICLE IV
GRANTEE'S RIGHTS
A. Ingress, Egress, and Regress: The Grantee, its employees and agents, successors, assigns,
DWR, and USACOE shall have a perpetual right of general ingress, egress and regress over
the Property at reasonable times to undertake any activities to create, restore, manage,
maintain, enhance, and monitor the wetland and riparian resources of the Conservation
Easement Property in accordance with restoration activities or a long -term management plan.
The rights granted hereunder do not include or establish for the public any access rights.
B. Right to Inspect, Observe and Study: The Grantee or its authorized representatives,
successors, assigns, DWR and USACOE shall have the right to enter the Conservation
Easement Property over the Property at all reasonable times for the purpose of inspecting the
Conservation Easement 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 Conservation Easement Property over the Property for purposes of making scientific
or educational observations and studies, and taking samples. The easement rights granted
herein do not include public access rights.
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 Property that is inconsistent with the
purposes of this Conservation Easement and to require the restoration of such areas or
features of the Conservation Easement Property that may be damaged by such activity or use.
Upon any breach of the terms of this Conservation Easement by Grantor that comes to the
attention of 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.
DWR and USACOE shall have all the same rights and privileges as the said Grantee to
enforce said terms and agreements contained within this Conservation Easement.
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 to or change in the Conservation Easement
Property 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 property, or harm to the
Conservation Easement Property 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 owns either 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, however, the portion of the Property not
including the Conservation Easement Property is subject to those Exceptions listed on
Schedule B — Section II of Policy No. 201202184GV issued by Investors Title Insurance
Company . 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 has the
right to convey the permanent Conservation Easement and will warrant and defend title to the
same against the claims of all persons, whomsoever, however, the portion of the Property not
including the Conservation Easement Property is subject to those Exceptions listed on
Schedule B — Section II of Policy No. 201202184GV issued by Investors Title Insurance
Company.
B. Subsequent Transfer: 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 Property. The Grantor agrees to provide written notice 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
Property or any portion thereof and shall not be amended, modified or terminated without the
prior written consent and approval of DWR and USACOE. Grantor shall not subdivide any
Property without prior, written approval from DWR and USACOE.
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 document.
D. Entire Agreement and Severability.This instrument sets 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 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 Property for the conservation purposes, this Conservation
Easement may only be extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain: Whenever all or part of the Property is taken in the exercise of eminent
domain so as to substantially abrogate the restrictions and rights 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 the Property is sold, exchanged, or
involuntarily converted following an extinguishment or the exercise of eminent domain,
Grantee shall be entitled to the fair market value of this Conservation Easement. The parties
stipulate that the fair market value of this Conservation Easement shall be determined by
multiplying the fair market value of the Property that is 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 Property (without deduction for the value of this Conservation Easement) at the time of
this grant. The values at the time of this grant shall be the values used, or which would have
been used, to calculate a deduction for federal income tax purposes, 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.
L 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:
EBX -Neuse I, LLC
518 Plaza Blvd.
Kinston, NC 28501
To Grantee:
North Carolina Wildlife Habitat Foundation
300 North Greene Street,
Greensboro, NC 27429
To DWR:
401 and Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
To USACOE:
USACOE
3331 Heritage Trade Drive,
Suite 105
Wake Forest, NC 27587
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 in accordance with an appropriate proceeding in a court of competent
jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in a writing signed by
all parties hereto, and provided such amendment does not affect the qualification of this
Conservation Easement or the status of the Grantee under any applicable laws, and is
consistent with the conservation purposes of this Conservation Easement.
L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other
natural characteristics of the Conservation Easement Property and its current use and state of
improvement are as described in the Cedar Grove Prospectus and the Cedar Grove Bank Site,
and said Cedar Grove Prospectus and Cedar Grove Bank Site are acknowledged by the
Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and
Grantee have copies of both reports. Said reports will be used by the parties to assure that any
future changes in the use of the Conservation Easement Property 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 Property if
there is a controversy over its use.
TO HAVE AND TO HOLD the aforesaid rights and easements perpetually unto Grantee for the
aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has caused this instrument to be signed in its name by Ely J.
Perry, III, its duly authorized signer, by all authority given, the day and year first above written.
EBX -NEUSE I, LLC, being one and the same as
EBX NEUSE I, LLC
:•
(SEAL)
Ely J. Perry, III, Authorized Signer
(See attached "Exhibit C" for proof of authority)
NORTH CAROLINA
COUNTY OF
I , a Notary Public for County, North
Carolina, do hereby certify that ELY J. PERRY, III personally appeared before me this day and
acknowledged that he is an Authorized Signer on behalf of EBX -Neuse I, LLC, being one and the same as
EBX Neuse I, LLC, a Maryland Limited Liability Company, and that by authority duly given and as an
act of the company, he signed the forgoing instrument in its name and on its behalf as its act and deed.
Witness my hand and official seal, this the day of , 2014.
My Commission Expires:
Notary Public
Remainder of Page Intentionally Left Blank.
(seal)
Additional Signature and Acknowledgment Page and Exhibits to Follow.
IN TESTIMONY WHEREOF, the NORTH CAROLINA WILDLIFE HABITAT
FOUNDATION, INC. has caused this instrument to be executed in its name by WILLIAM
HARRISON STEWART, JR., Treasurer of the corporation, in evidence of its consent and agreement
to the instrument set forth above.
NORTH CAROLINA WILDLIFE HABITAT
FOUNDATION, INC.
BY: (SEAL)
William Harrison Stewart, Jr., Treasurer
NORTH CAROLINA
COUNTY OF
I , a Notary Public for County, North
Carolina, do hereby certify that WILLIAM HARRISON STEWART, JR., personally appeared before me
this day and acknowledged that he is the TREASURER of the North Carolina Wildlife Habitat
Foundation, Inc., Grantee, a North Carolina non - profit corporation, and being authorized to do so,
executed the foregoing on behalf of the corporation as its act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
, 2014.
(seal)
Notary Public
My commission expires:
EXHIBIT A
TO CORRECTION TO PERMANENT CONSERVATION EASEMENT by and between EBX -NEUSE
I, LLC, Grantor, and NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., Grantee,
dated the day of , 2014.
"Property"
Being all that property depicted as Lot 1, being 117.706 acres, more or less, inclusive of R/W, and Lot 2,
being 13.835 acres, more or less, inclusive of R/W, and being the same Lot 1 and Lot 2 designated as (1)
and (2) on map entitled "MAP FOR RECORD SURVEY FOR EBX NEUSE I, LLC" by Matrix East,
PLLC, surveyor Christopher K. Paderick, dated February 14, 2012 and revised March 05, 2012, and being
of record Plat Book 110, Page 22 of the Orange County Registry, North Carolina and also being the same
property conveyed by deed registered in Deed Book 5323, Page 198 of the Orange County Registry,
North Carolina. Reference to said plat is hereby made for a more perfect and accurate description.
EXHIBIT B
TO CORRECTION TO PERMANENT CONSERVATION EASEMENT by and between EBX -NEUSE
I, LLC, Grantor, and NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., Grantee,
dated the day of , 2014.
"Conservation Easement Property"
BEING all of those easement areas consisting of 60.14 acres, more or less, said areas include Area
91, consisting of 5.02 acres, more or less, Area 92, consisting of 10.35 acres, more or less, Area 93,
consisting of 4.15 acres, more or less, Area 94, consisting of 10.06 acres, more or less, and Area 95,
consisting of 30.56 acres, more or less, and being those same easement areas as shown on
Conservation Easement Plat entitled "CEDAR GROVE MITIGATION SITE, CONSERVATION
EASEMENT AND SUBDIVISION PLAT, ORANGE COUNTY, NORTH CAROLINA" by The
John R. McAdams Company, Inc., dated October 09, 2012 and of record in Plat Book 110, Page 142
et Seq. of the Orange County Registry, North Carolina.