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HomeMy WebLinkAbout20081473 Ver 4_Wayne County Easement Recorded_20140904Strickland, Bev From: Kulz, Eric Sent: Thursday, September 04, 2014 2:05 PM To: Strickland, Bev Subject: FW: Arrington Bridge Phase I - Wayne County Credit Release Request Attachments: Wayne County Development Alliance BPDP approval letter 7- 23- 12.pdf; Wayne County Easement Recorded.pdf; Wayne County Plat Recorded.pdf From: Cara Conder [irm i.l q_o_c lr :(«?_ lbxya . .eco.1 Sent: Tuesday, September 02, 2014 6:36 PM To: Kulz, Eric Cc: Merritt, Katie; Matt Fisher Subject: Arrington Bridge Phase I - Wayne County Credit Release Request Hi Eric, I don't believe Katie is back yet, so I was hoping you'd be able to take our credit release request for Arrington Bridge I — Wayne County. This site is part of EBX's Neuse Buffer Bank, and we have already completed Phase 11 of this site (Arrington Bridge 11 — Goldsboro). For the Task 1 credit release we needed approval of MBI and BPDP, financial assurances posted, and recorded conservation easement. DWR has everything but the recorded conservation easement, which is attached, therefore completing Task 1. The BPDP was approved on July 19, 2012 (letter attached) and covered both Phases 1 and 2 of the project. Please let me know if you need me to mail hard copies of the attached recorded easement and plat. Also, please call me if you have any questions. I know you are very busy, but we'd appreciate your help on this because we only have 70 nitrogen credits left in Neuse 01 at the moment until monitoring releases. Thank you, Cara Cara Conder Environmental Banc & Exchange, LLC 909 Capability Drive, Suite 3100 Raleigh, NC 27606 dir: 919 - 829 -9909 x 21 cell: 919 - 608 -5876 fax: 919 - 829 -9913 Founded in 1997, EBX specializes in delivering turnkey solutions to our client's regulatory permit mitigation requirements through the restoration of rare, diminishing, and degraded ecosystems. The experience and expertise of EBX was built on the 90+ mitigation projects we have in our portfolio, of which over 40 are permitted as mitigation banks. Through these projects EBX has restored over 100 miles of stream and 10,000 acres of wetlands; reduced over 240 tons of nutrients; and rehabilitated and preserved over 3,700 acres of endangered species habitats. Offices in: Camden, South Carolina; Raleigh & Charlotte, North Carolina; Oak Hill, West Virginia; and Baltimore, Maryland. www.ebxusa.com 90H 3 10 9 PAH 6 7 0 INDEXED Doo ID; 011132960012 TVPe: CRP Recorded: 08/29/2014 et 01,21:55 PH Fee Amt; $26.00 Page 1 of 12 WAYNE COUNTY, Ne LOSS J MOORRINp REGISTER OFD=EDS 13K31 VJ PG670 -6V Q 1 PREPARED IN PART BY & RETURN TO: Ashley L. Warner, Esq. Perry, Perry & Perry PO Drawer 1475 Kinston., NC 285031475 STATE OF NORTH CAROLINA PERMANENT CONSERVATION EASEMENT COUNTY OF WAYNE tl-�- THIS CONSERVATION EASEMENT DEED ( "Conservation Easement ") made this ! r�� r� day of August, 2014, by and between BBX -NEUSE 1, LLC, a Maryland Limited Liability Company with its pra:n.cipal office located at 10055 Red Run Blvd., Suite 130, Owing Mills, MD 21117-4860 ( "Grantor') and NORTId 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 Wayne County, North Carolina and being more particularly described in 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, casement pursuant to N.C. Gen, Stat. § 121 -35, BUR 3 10 9 BA-GB 6? 1 WHEREAS, the purpose of this Conservation Easement is to maintain riparian resources and other natural values on a portion of the Property, consisting of approximately 38.886 acres and being more particularly described in Exhibit B attached hereto and incorporated herein by reference (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 creation, restoration or maintenance of the Conservation Easement Property in accordance with this Conservation Easement, WHEREAS, the creation, restoration. and preservation of the Consenrat:ion. Easement Property is a condition of the approval of the inclusion of the Conservation Easem en t Property irr the ;WA YNE COUNTY DEVELOPMENT ALLIANCE BANK PARCEL, Wayne County, North Carolina, BANK PARCEL DEVELOPMENT PACKAGE" now known as "A .- mr€gton Bridge Bank Parcel Phase I" dated April 27, 2012 ( "Arrington Site ") which was approved by the North Carolina Departtrten.t 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 Neuse Riparian Buffir Urobrell.a Mitigation Barak, made and entered into by and between EBX -Neuse I, LLC, acting as the Bark, Sponsor, and the North Carolina Department of Environment and Natural Resources - Division of Water Resources ( "DWR "). The Arrington Site is intended to be used to compensate for unavoidable riparian buffer and nutrient impacts. NOW, THEREFORE, for and in consideration of the covenants and representations contained he, rein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby ack- owledged, 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 fortl €, over the Property, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easemcnr'shall be perpetual. This Conservation Easement k an easement in gross, runs with the land and is enforceable by G=rantee against Grantor, Grrantor's personal representatives, heirs, successors and assigns, lessees, agents and licemees. ARTICLE I.I. PROHIBrTED 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 preserved in its natural condition a€nd 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: BOM 3 10 9 POE 612 A. Disturbance of Natural lr ea_tures. Any change disturbance, Ac ration or impairment of the natural features of the Con.scrvation Easement Property or any introduction of aon- native plants and animal species is prohibited_ B. ConstnzctiorL There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, anten. m, 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. Industriaal. Commercial and Residential T sue. Industrial, residential and commercial activities, including any ,right of passage for such purposes on or over the Conservation Easement Property is prohibitcd, D. Ag ;icu rural, 9raztgg, and Hortic�i torsiT., ...lse. _.... Agricultural, grni,ng, animal husbandry, and horticultural use of the Conservation Easer ent Property are prohibited. E. tje etation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Conservation Easement Property, F. Roadj 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, C. S ign-a-g—qNo sighs 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. 2 mping or 5jQm ,_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 Con.,acrvation Easement Property is prohibited, L Emayation, se There shall be no grading, filling, excavation, dredging, mining or drilling, no removal of topsoil, sand, gravel, rock, peat, minerals or rather 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. Tit-t=-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. HOK 310 9 PAS 6 73 K. ieveloprn.. t RighLg No development rights that have been encumbered or extinguisbed by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Ychicle . 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 far purposes of conducting the creation, restoration, and maintenance activities within the Conservation Easement Property. M. Other EmLibidgns_ Any other use o£ 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 condition., or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for itself, its personal representatives, heirs, successor's 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. Notwithstanding the foregoing restrictions, Grantor reserves for EBX -Neuse I, LLC, as Bank Sponsor, its successors and assigns, (i) the Tight to construct, monitor and maintain a mitigation bank on the Conservation Easement Property and (ii) the right to any and all mitigation credits derived from the Conservation Easement Property. ARTT,CLS IV GRANT'EE'S RIGHTS A. Iress, ress, and Regress: The Grantee, its employees and agents, successors, assigns and DNM shall have a perpetual right of general ingress, egress and regress over the Property at reasonable times to undertake any activities to 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. 'Unless otherwise specified in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. B. Bi$bt to Insuect. Observe and Study; The Grantee or its authorized representatives, successors, assigns and DWR 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, BOOK 3 10 9 PACE 6 7 4 heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement, The Grantee shalt ilso 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 breacb of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantec sbal.l. 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 breads, If the breach remains uncured aver 30 days, the Grantee may enforce this Consmation Fasernent 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 breacb of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easetncnt. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and reraodies 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 expe:nscs, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. DWR shalt have all the same rights and privileges as the said Grantee to enforce said terms and agreements contained within this Conservation Easement. S. No failure on the part of the Grantee to enforce any covenant or provision b=eof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect tfie right to CTantee to enforce the same in the event of a subsequent breach or default. C, Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement 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 .KISCE.LLANEOUS A. Ma-a n t . Grantor warrants, covenants and reprosents that i t owns the Property in fee simple, and that Grantor owns either all interests in the Property which may be unpaired by the granting of this Conservation. Easement or that there are no outstanding mortgages, tax liens, encumbrances, or otber interests in the Property which have not been expressly subordinated to this Conservation Easement with the exception of those Exceptions listed. on Schedule B - Section II of Comnitment.N-QJU„4QJ648GV 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 subject to those Exceptions listed on Schedule D - Section 11 of Commitment uu-2- 0140 „d480V issued by Investors Title Insurance Company 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 subject to those Exceptions listed on Schedulc B - Sccti.on fl of Cornnnitment No._ 2.01401548!QV issued by Investors Title Insurance Company. B. u c muLUansferl. 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 (3 0) 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 the DWR. Grantor shall not subdivide any portion of the Property without prior, written approval from the DWR. C. Amignment. The parties recognize and agree that the benefits of thig Conservation E&5cment are in gross and assignable provided, however, that the Grantee hereby covenats 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. § 1.21 -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 wi11 be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. re Ago=Aaland SemuakUltLThis 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 Easerient..I.f'any provision, is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and cf -ect. E, Obli2atkas o . 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, operat,io.o, 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. 80H 3 10 9 PAIGE 7 6 F' E nt, In the event that changed conditions render impossible the continued use Of the Conservation Basement Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. EMille t o ai ' Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the restrictions unposed 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 faking, and. all incidental arid direct danrtagi due to the taking, ld. ee This Conservation Easement constitutes a re al property interest immediately vested in Grantee. In the event that all or a portion of the Property is sold, cxch".ged, 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 thus easement at the tirrre of this grant to the value of the Property (without deduction for the value of this Consery ation Easerrtcnt) at the time of this gram, The values at the time of this grant shat! 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 ma.n.n COmServation Easement. er consistent with the purposes Of this I. of iea ' , Any notice, request for approval, or other communication required Conservation Easement shall be sent by registered or certified mail, postae aid ott�he following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph) Grant r: E13X -Neese Z, LLC 518 Plaza Blvd_ Kinston, NC 28501 o a e North Carolina Wildlife Habitat Foundation 300 North Grecne Street, Greensboro, NC 27429 DH$ 401 and .Buffer Permitting unit I6I7 Mail Service Center Raleigh, NC 27699 -1617 I•ilure of �uantee. If, at any time, Grantee is unable or fails to enforce this Conservation Easement or if Grantee Ceases to be a qualities) grantee, and ifwithin a reasonable criod P of BOOK . , 310 9 PHE6 j time after the occurrcnce of one of tho to this Conseruatiam- Easement then d � events Grantee fails to make as assignment punt qualified, grantee in accordarzc� with-' 178ecvmc vested in another jurisdiction, appropriate proceeding in a court of competent K. m dme t, This Conservation Ea all parties hereto, and provided suc '7ent may be amended, but only in a writing signe& Conservation Easement or the staff �meadment does not affect th tf of this consi .stent with the cortgmadon r r ��f It1e L;; ��rte� �,ndel' �n�a�'l�Cable laws, and` Poses of this Congery P-40r1 Easement. L. re Co n of ' o e The wetlands, scenic..resource, environmental, and o$ natural characteristics of the Cc improvement, are as described `creation Easement Property, and its cutren t use and stgf the Arrington Site and the Arrington Site is acknow1 by the Grantee e pieso Grantee to complete and accurate as of the date hereof. Both Grate• and Grantee have copies C r I'VOrt. It will be used by the parties to assure that any ft* changes in the use of the Cor ;- •rvation Easc of this Consenmation Baseme t P.ropert, will be consistent with the tcm r. However this report is not intr~nded to preclude the use. € other evidence to establish t ,� there is a contra °sy over present condition of the Conservation Easernant property ti use. TO HAVE aid p AND TO HOLD the a' iresaid rights and easements perpetually unto Grantee for the aforesaid pum��rc, Pe TESTIMONY' W1�.ERE01', ,hr .xrantor has caused the instrument to be Signed in its uarne by EljF 'Perry, M. i aigr+ , the day and year firs t'wfift-n`abbwe, PC . r\ k L ul, NORTH A0 -P` "!1 EBX -NEUSE r, T.LC F3 Y: _� sly 1;Iy J. . �; oriz tgner (see } attached Exhibit Cl° fo roof of authorq North Cat , .,,,es hert;by certify that Ely J . per Notary Public far nC t1' Couall and acknowledged that he is an tlutllorized Signer on b balfof l✓l3 Nei��e I, LLC a MatiliiE Limited Liability Company, and that by authari dul rY signed the forgoing i,nstrum.nt in its name and on its b g if as its act and deed, a company, I� Witness :rny hand and official. seal, this, t* p(4_ day of �.[ �[S'� 2014. '12 Notary Public My Cornmission E:-,;pires: kQ OMAN A D. 9PEIGHT Norery Public, North Ca ro Iina mLenoir County MY Comisrsicp �xpirea ©ctober 21P, 2p76 ROUN 310 9 PAGE 6 7 8 IN TESTIMONY WHEREOF, NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC. has caused this instrument to be executed in its name by WILLIAM ILARRISON 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: i (V,—'A ^iL �(SEAL) William Harrison Stewart, Jr., Trrer STATE OF NORTH CAROLINA,! COUNTY OF a O t � � r 4 I, �'�� ` a Notary Public for_iilF %f County, North Carolina, do hereby certify that WILLIAM 14ARR,ISON S'TEW.ART, JR. personally appeared before me this day and acknowledged that he is the TREASURER of North Carolina Wildlife Habitat Fouridati.on., Inc., Grantee, a North Carolina non -profit corporation, and being authorized to do so, executed the foregoing on bcbalf of the corporations as its act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seat this the day of 72014, •. (seal) CRI 'TINE T. GOTTEN NOTARY PUBLIC My commission expires: GUILFORD COUNTY, NC My Commission E piraa May 5, 2016 H93 10 91 PAGE 6 ? *9 F_MBIT A TO PERMANENT, CONSERVATION EASEMENT by and betwean EB�C NEUSE I, LLCi Gx tat, and Grantee, datcd the rf � day of NORTH CAROLINA WILDLIFE ILkBITA FOUNDATION, 22 14 INC., G , "Property" Being all. of that TRACT ] and TRACT 2 as shown or). � FOR E'Rloeped n SURVEY FOR rB WAYNE COUNTY DE a total of x911, l Acres +1 GOLDSBORO TOWNSHIP, WAYNE COUNTY, N-C. and beirkg inclusive of right of way, and being made up of TRACT 1, cot151stnag of 7.034 acres, more or si less, inclusive of right of way, and TRACT 2, con repag red of S2.745 by MA acres, a owri TRJX EAST, PLLCand said map, said map being dated January 22, 2013, p p Specifically prepared by Christopher . I'adezxck, Professio�aal Land Suzvcyor, and of record in Plat Cabinet O, Slide 10 -H, of the Wayne County Registry: North Carolina and being the same property conveyed to ESX -Neuse 1, LLC by deed registered in Deed Book 3107, Page 745, Wayne County Registry, North Caroiina. gg310 9 mnb Lj u EXHIBIT B and bch�veen EBX -NE�BE 1, LLC ntor, T4 k B]�rriA,NENi' CONSERVAU0N EASEME OINDATION, INC_, Grantee, dated t11 ay of and NORTf CAROLINA WILDLIFE HABIAugu t, 2014 _ "Conservatiozl Easement Proper cortsecvatiori easement property consisting of 38.886 acres, and onsi,stin° d BEING all of that A 1, being labeled (1) further being the same easement areas described labeled (2 d consisting of 35.998 ar s, F"re TIDE Of 2.888 acres, more or less, and AEEA 2, LC and specifically prcpared by Christopher K. less, as shown on easement plat entitled "CON PIR,VATION EASEMENT SIJR , et 0 Slide EBX�NE[JSE I, LLC ", preparedby Matrix Bast, dated January 28`x', 2013 wid Yegistered i� Plat Cabin , Fadcrick, professional �,$.nd Surveyor, o Carolir)a. Referencr- to said plat is hereby madc for a more to -3. of the WaYne County Registry, North perfect and accurate description.. OR31 Q 9 PABE6 8 1 iffi TO PERMANENT CONSERVATION EASEMENT by and between E�X-NEUSE 1, LLC, (xr, tor, and NOS TH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., Grantee, dated thc' �y of August, 2014_, Proof of AuthoritY ERX -NS SE L LLC CERTaTCA7'E of MXWD xs Mr, UNDID KUMY CtMy as fn uwr A We conmjtn all of L` * M=%%= of M44F JSF % i L.C. a Maryland lhmhcd tlab"••l ""mpa (fl-- -Ccrcp MY"), n.�n,ww $, � Compu* is hrmviy Muth* zW to scil and cmvey teal ropOlt 1=tdd In Dptm, 02�20. Leaoir, wavoe. o-a M per, Fare, rya D: n, c ;U4, FTW� 1116, '%TVX , PK craves, ioza�, Pamtic9, CuTere, Serowe, ?Ond=, New klWmrVcr, R CbcM=a VWA lobT%fm Ommacs, xxth Carolina: C. Tba try ir-h=bF L° ==rfn Rnd dt!"T far tmOT'dedim amm�g tle imd seratds of DVjja, Ohba, Lanir, wine, ?&n, WO , Ou gym, C'w R=klim. Nast; V son, Pic. Cmv= 7mmg, Pararcc, L'9t=c: Sa=m Peodey New H=VW, 14d=c d and 3alms m cmmties, Nmttt Catalina decla xu= of eaasravet = t . and recu=rs= or ®jar >` uv==m with resp= to mime rrat pcapem Loyd m rich L'.OWS!=; and A. My J. ?may M oad T3Tz Pwdokph, as ritber of tb=4 Km hereby aud=h=d to red d:U= (i) a deed ,carVc*g the propmV spec Bed in paragraph 8 above in floc nm a 'and on bebW of the Coutpany And (ii) tc, sad ddivc &W&- Sx= or o'.bs in- a Fpecified in Paragraph . aragraph C above Lm the name wid on betaalf of ft CaapamY and to ===nh ae3 dcBvmr such ot1-' dnc trq Lr•, in3'�tcncas, and oati5ratcs x to m sic$ crtha ac603s in capon t h as &cy or ciffiw of ch= dorms appmp^:etr- IIi Wx'DWS'VIHEREOF, the undm-ipad stave acrd this C4-eifics a as of the 7m day ofMareh 2013. INVIRfJWENTAL BANC & rMff ANGa LLC Rp Thmn I.. lam, Amhvtizod Pcmon FMMY WM7 -kNDS, LLC %1 !A .r