20130436 Ver 1_Conservation Easements_20130813

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Decc orIDe: d: 000/29201190200 1a t Type: CRP
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Fee Amt: $156.00 Pape 1 of 11
Revenue Tax: $130.00
EDGECOMBE COUNTY, NORTH CAROLINA
Robin N Carpenter Register of Deeds
SK 1603 PG743 -753
ld_ \ V
STATE OF NORTH CAROLINA
COUNTY OF EDGECOMBE
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ( "Conservation Easement ") made this 14`' day of
February, 2013, by and between C. WAYNE EVANS, and wife, GUYLA C. EVANS, JAMIE
RAY EVANS, divorced, AND FREDERICK LEE EVANS, unmarried, ( "Grantors ") whose
address is 1363 NC 122 N Tarboro, NC and GREENE ENVIRONMENTAL SERVICES, LLC
( "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
Edgecombe County, North Carolina, more particularly described as follows:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED
FULLY HEREIN
WHEREAS, Grantee is a company 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, Grantors and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following natural
communities: riparian buffer areas adjacent to streams and drainage -ways. The purpose of this
Conservation Easement is to maintain wetland and /or riparian resources and other natural values
of the Property, and prevent the use or development of the Property for any purpose or in any
manner that would conflict with the maintenance of the Property in its natural condition;
WHEREAS, the preservation of the Property is required in accordance with the
Agreement to Establish the Greene Environmental Services Tar - Pamlico River Basin Riparian
Buffer and Nutrient Offset Umbrella Banking Instrument. The Ballahack Creek Riparian Buffer
and Nutrient Offset Mitigation Bank is intended to be used to provide for mitigation for nutrient
offsets and/or riparian buffer impacts due to development (both existing and proposed) within
HUC 03020103 of the Tar - Pamlico River Basin.
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, Grantors 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
described on EXHIBIT A, together with the right to preserve and protect the conservation values
thereof, as follows:
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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 Grantors, Grantor's
personal representatives, heirs, successors and assigns, lessees, agents and licensees.
ARTICLE II
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted
from any development that would impair or interfere with the conservation values of the
Property.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of
the natural features of the Property or any introduction of non - native plants 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 Property.
C. Industrial, Commercial and Residential Use. Industrial, residential, and /or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry,
and horticulture use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Property; nor enlargement or modification to existing roads, trails, or walkways.
G. Signnage. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving
directions or proscribing rules and regulations for the use of the Property and /or signs identifying
the Grantors as owner of the 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 aboveground storage tanks or other materials on the Property
is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Property, except to
restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing or permitting the diversion of surface
or underground water into, within or out of the 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.
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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, other than for
temporary or occasional access for purposes of maintaining the easement area.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property substantially
in its natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTORS' RESERVED RIGHTS
The Grantors expressly reserve for themselves, their personal representatives, heirs,
successors or assigns, the right to continue the use of the property for all purposes, not
inconsistent with this Conservation Easement, including, but not limited to, the right to quiet
enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the
Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part,
provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically
reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantors reserve for Grantee, its successors and
assigns, the right to construct a riparian buffer and nutrient offset mitigation bank on the
Property, in accordance with the "Agreement to Establish the Greene Environmental Services
Tar River Basin Riparian Buffer and Nutrient Offset Umbrella Banking Instrument (signed and
approved by the Division of Water Quality Director on May 1, 2013) and the `Ballahack Creek
Bank Parcel Development Package" (approved by the Division of Water Quality on May 1,
2013).
ARTICLE IV
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors, and assigns, and the North
Carolina Division of Water Quality (the "DWQ "), shall have the right to enter the Property at all
reasonable times for the purpose of inspecting said property to determine if the Grantors, 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 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 Easement, Grantee is allowed to prevent any
activity on or use of the Property that is inconsistent with the purposes of this Easement and to
require the restoration of such areas or features of the Property that may be damaged by such
activity or use. Upon any breach of the terms of this Conservation Easement by Grantors that
comes to the attention of the Grantee, the Grantee shall notify the Grantors in writing of such
breach. The Grantors 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 teen of this Conservation Easement is or would irreversibly or otherwise materially impair
the benefits to be derived from this Conservation Easement. The Grantors 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
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connection with this Conservation Easement. The costs of a breach, correction or restoration,
including Grantee's expenses, court costs, and attorneys' fees shall be paid by Grantors, provided
Grantors are determine to be responsible for the breach. The DWQ shall have the same right to
enforce the terms and conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or
affect the right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee
to bring any action against Grantors for any injury or change in the Property resulting from
causes beyond the Grantors' control, including, without limitation, fire, flood, storm, war, acts of
God or third parties, except Grantors' lessees or invitees; or from any prudent action taken in
good faith by Grantors under emergency conditions to prevent, abate, or mitigate significant
injury to life, damage to property or harm to the Property resulting from such causes.
ARTICLE VI
ACCESS AND CONSTRUCTION EASEMENTS
A. Grantors hereby gives, grants, bargains, sells and conveys to Grantee a permanent
right and easement over and upon the land designated as Access Easement as shown on
EXHIBIT A attached hereto and incorporated herein by reference, for use by Grantee, its
successors and assigns for access to the Property for any purpose (the "Access Easement "). The
Access Easement herein conveyed includes, but is not limited to, the right and privilege by
Grantee, and third parties to access the Property Area as necessary or convenient for Grantee.
This Access Easement runs with the land and is enforceable by Grantee, its successors and
assigns, and /or third parties against Grantors, Grantors' heirs and assigns.
B. Grantors hereby give, grant, bargain, sell and convey to Grantee a permanent right and
easement over and upon the land owned by Grantors twenty (20) feet in all directions from the
Property, for use by Grantee, its successors and assigns for access to the Property for any
purpose, including but not limited to the construction upon the Property and for all purposes
related to the Conservation Easement (the "Conservation Easement "). The Construction
Easement herein conveyed includes, but is not limited to, the right and privilege by Grantee, and
Third Parties to access the Property as necessary to monitor, maintain (including the use of
construction equipment), or repair the Property and during said construction, to go onto the
Grantors parcel with vehicles, heavy equipment, machinery, construction supplies and building
materials (collectively the "Construction Activities "). This Construction Easement runs with the
land and is enforceable by Grantee, its successors and assigns, and /or third parties against
Grantors, Grantors' heirs and assigns.
ARTICLE VII
MISCELLANEOUS
A. Warranty. Grantors warrant, covenant, and represent that it owns the Property in fee
simple, and that Grantors either own all interest 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. Grantors further warrant 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 all claims of all persons.
B. Subsequent Transfers. The Grantors agree 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 Grantors agree to provide written notice of such transfer at least
thirty (30) days prior to the date of the transfer. The Grantors 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 DWQ.
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C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however, that the Grantee 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 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. Grantors are 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 Grantors. 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 Property for the conservation purposes, this Conservation Easement may only be
extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of
eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantors 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 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 the Property 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 the 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 purpose of this Conservation Easement.
I. Notification. Any notice, request for approval, or other communication required under
this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the
following addresses (or such address as may be hereafter specified by notice pursuant to this
paragraph):
To Grantors:
C. Wayne Evans
Jamie R. Evans
Frederick L. Evans
To Grantee:
Greene Environmental Services, LLC
Jeff Becker, Manager
963 Hwy 258 S
Snow Hill, NC 28580
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To the DWQ:
Wetlands Buffers, Stormwater Compliance and Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699 -1650
Attn: Mrs. Karen Higgins
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 snake 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 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 Property. The wetlands, scenic, resource, environmental, and
other natural characteristics of the Property, and its current use and state of improvement, are
described in the "Agreement to Establish the Greene Environmental Services Neuse River Basin
Riparian Buffer and Nutrient Offset Umbrella Banking Instrument" (signed by the Division of
Water Quality Director on October 3, 2008) and the "Tar River Basin Riparian Buffer and
Nutrient Offset Mitigation Bank" (to be signed and approved by the Division of Water Quality)
and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof.
Both Grantors and Grantee have copies of this report. It will be used by the parties to assure that
any future changes in the use of the Property will be consistent with the terms of this
Conservation Easement. However, this report is not intended to preclude the use of other
evidence to establish the present condition of the Property if there is a controversy over its use.
M. Other Conditions. This conservation easement is only valid if the Agreement to
Establish the Greene Environmental Services Tar - Pamlico River Basin Riparian Buffer and
Nutrient Offset Umbrella Banking Instrument and the Ballahack Creek Riparian Buffer and
Nutrient Offset Mitigation Bank have been approved by the DWQ. Applicable dates assigned in
Article III of this Conservation Easement must be completed.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year
first above written.
2

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ERICK L. EVANS
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NORTH CAROLINA
COUNTY
a Notary Public in and for said County and State
do hereby certify that CLIFTON WAYNE EVANS personally came before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this A � ay of February, 2013.
Notary Public
My Commission Expires:
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NORTH CAROLINA
!' COUNTY
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I C� --�,,� �. I�(;ai, y , a Notary Public in and for said County and State
do hereby certify that GUYLA EVANS personally came before me this day and acknowledged
the due execution of the foregoing instrument.
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Witness my hand and official seal, this lay of February, 2013;,���,�N C Hq
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Notary Public
My Commission Expires: ?, Pug1.�G
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NORTH CAROLINA
1�I iT COUNTY
I, (IS[4,Q C a Notary Public in and for said County and State
do hereby certify that JAMIE RAY EVANS personally came before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this _A day of February, 2013. �.\y�EN C yq y,
Notary Public = 's
My Commission Expires: pV9L %G v
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NORTH CAROLINA
COUNTY
I, hifs � C— a Notary Public in and for said County and State
do hereby certify that FREDERICK L. EVANS personally came before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this ,,) day of February, 2013. •.� "• " "'�••.
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EXHIBIT A
Being certain portions of the property lying and being in Edgecombe County,
North Carolina, and more particularly described as follows:
Those certain portions of the property identified on the 2012 tax records as tax
parcel numbers 4767 -15 -9899 and 4767 -27 -0861 as designated as Tract 1, Tract 2, Tract
3, and Tract 4 (a total of 10.00 acres, more or less, as determined by computer) as shown
on Map 1 of 2 and Map 2 of 2 of the Survey for Greene Environmental Services, Inc.
dated January 15, 2013 and prepared by Grant & Associates, P.A. A copy of the same is
hereby attached to this Exhibit for reference. Said Maps to be subsequently recorded at a
later date.

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