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HomeMy WebLinkAbout20210112 Ver 3_Little River Ford I and II Recorded Plat and Easements_20221011ID#* 20210112 Select Reviewer: Katie Merritt Initial Review Completed Date 10/11/2022 Mitigation Project Submittal - 10/11/2022 Version* 3 Is this a Prospectus, Technical Proposal or a New Site?* Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Andrea Eckardt Project Information ID#:* 20210112 Existing ID# Project Type: Project Name: O Yes O No Email Address:* aeckardt@wildlandseng.com Version:* 3 Existing Version DMS • Mitigation Bank Little River Ford II Mitigation Bank Parcel County: Johnston Document Information Mitigation Document Type:* Mitigation Conservation Easement File Upload: Little River Ford I and II Recorded Plat and 5.63MB Easements.pdf Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name: * Andrea Eckardt Signature: * CERTIFICATE OF SURVEY AND ACCURACY: _ DREW VAN_DUINKERKEN, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION FROM DEED DESCRIPTION(S) RECORDED IN DB: 4N76 - PG: _ 558-, PB: _ 38-- PG: _389 _ & DB: 4888-, PG: _ 758 _; THAT THE BOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION AS REFERENCED; THAT THE RATIO OF PRECISION AS CALCULATED IS GREATER THAN __1:10 0000 --; THAT THE GPS PORTION OF THIS PROJECT WAS TO PERFORM A GRID TIE TO THE NC STATE PLANE COORDINATE SYSTEM AND INFORMATION USED IS SHOWN & NOTED HEREON; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. I ALSO HEREBY CERTIFY THAT THIS PLAT IS OF ONE OF THE FOLLOWING: GS 47-30 F(11) D; THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT -ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION. GPS METADATA CLASS OF SURVEY: HORIZONTAL: A VERTICAL: C FIELD PROCEDURE: RTK-VRS, STATIC DATES: 10/28/20-10/30/20 DATUM: NAD83(2011) NAVD88 EPOCH: 2010 GEOID: 18 AVERAGE COMBINED FACTOR:0.99988803 POSITIONAL ACCURACY: HORIZONTAL: 0.05' VERTICAL:0.09' UNITS: USFT PUBLISHED CONTROL:NC VRS NETWORK CORS USED: NCKI, NCRD, NCSF, NCGO WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER, & SEAL THIS l�INDAY OF JUNE2022. yC A 0 ' iv ESS - , SEl�L yv�� - L-50010 DR& VAN FIN�KECR��KENPLS L-5010 JOHNSTON COUNTY, NORTH CAROLINA I,� c4t?-_H_G& REVIEW OFFICER FOR JOHNSTON COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED, MEETS ALL STATUTORY AREA C-2 2.12 ACRES CONSERVATION EASEMENT CORNER 43 671902.97 2243478.63 44 672278.07 2244616.25 45 672891.07 2244659.73 46 672886.13 2245076.00 47 672275.59 2245034.71 48 671233.07 2244605.44 49 671614.75 2244581.05 50 671701.90 2244606.58 51 671805.33 2244673.64 52 671852.75 2244676.80 53 671091.85 2244804.80 54 671812.36 2245062.32 55 671809.02 2245094.34 56 671640.61 2245076.72 57 671614.40 2245057.37 58 671551.40 2245010.85 59 671405.35 2245012.08 60 671373.85 2245051.35 61 671290.89 2245154.77 62 671186.82 2245189.31 63 671002.30 2245190.71 SHEET 6 _......_... ... v 0.11 ACRE OW _. SUSAN W. FORD & E HUSBAND, w I I �- / BRIAN K. FORD ° - // m w I PIN:2647.00-41-5296 / /� m m I PROPOSED 20' DB: 4888 PG: 758 L7 I WIDE ACCESS (TRACT THREE) w AREA A-1 I 1.83 ACRES m w REQUIREMENTS FOR RECORDING. / SUSAN W. FORD & HUSBAND, q I ' BRIAN K. FORD I N m I I` m SUSAN W. FORD & - ��I-10_ -ZD22 PIN: G:758 (TRACT 071 w I HUSBAND, RE OFFICER DATE \ DB: 4888 PG: 758 (TRACT FOUR) b l c� BRIAN K. FORD " I \ PIN: 2647.00-51-2266 N JOY KEMPLE MARTIN AND m AREA B-1 I w°�� \ \ DB: 4888 PG: 758 I I d 0 CERTIFICATE OF EXEMPTION: JAN KEMPLE MOORE \ 0.22 ACRES ' \ (TRACT TWO) co o = - 1 I o I, THE UNDERSIGNED, HEREBY CERTIFY THAT THE DIVISION OF PIN: 2647.00-30-1815 ¢DB: 4076 PG: 558 \ ���sF m fX7 0 ' PROPERTY, OR OTHER, DESCRIBED HEREON `` �a� spy sF IS EXEMPT FROM HE JOHNSTON COUNTY SUBDIVISION PB: 38 PG 389 (LOT 3) ce I Y� sF v I{ REG A ION SFHA (ZONE AE) SF SFH - �-�' r � AREA E-1 > w ' H w � PER F.I.R.M. MAP NO. 3720264700J I �\ 5F _Y r r r r I - f Spy 1.86 ACRES p w!/50 SFN �\ PLANNING/ZONING ADMINISTRATOR (ATTEST) DATE I SFIL _, ✓ / r r i fr f - m x x REGISTERED THIS THE DAY OF 20_-- AT --------- AND RECORDED IN /Z- SFHA .. PLAT BOOK ------- PAGE DEPUTY REGISTER OF DEEDS CONSERVATION EASEMENT CORNER # NORTHING EASTING 1 671286.46 2243527.68 2 671344.56 2243493.70 3 671607.34 2243451.55 4 671720.07 2243456.67 5 671936.62 2243564.06 9 671095.51 2243639.33 10 672277.20 2244762.98 11 672548.56 2244786.90 12 672889.29 2244810.11 13 672887.96 2244922.33 Filed in JOHNSTON COUNTY, NC Filed 10/07/2022 i1:01:14 AM CRAIG OLIVE, Register of Deeds Dep/Asst ebyrd PLAT B: 97 P: 135 CONSERVATION EASEMENT CORNER 14 672544.65 2244903.81 15 672276.49 2244882.04 17 671819.34 2244995.55 18 671671.89 2244975.34 19 671589.52 2244915.65 20 671355.79 2244914.33 21 671251.51 2245048.29 22 671241.42 2245061.25 23 671173.15 2245090.29 24 671014.56 2245086.95 27 671005.98 2244874.37 1 SHEET 2 - - CONSERVATION EASEMENT CORNER 28 671113.03 2244874.96 29 671249.12 2244699.69 30 671648.20 2244684.31 31 671760.38 2244766.25 32 671842.21 2244777.26 36 671096.75 2243538.16 37 671096.96 2243521.64 38 671272.94 2243412.70 39 671375.15 2243383.38 40 671640.30 2243345.11 41 671770.55 2243360.76 42 671889.14 2243443.96 SHEET 4 CE 3c AREA C-1 2.11 ACRES I m �� w SUSAN W. FORD & HUSBAND, I E� I w w BRIAN K. FORD p1. w 0 PIN:2647.00-42-3582 L LL.1 a 0 DB: 4888 PG: 758 (TRACT ONE) 0 LU O w- wI m ❑ w U w U 0 OLD ROUTE 22 ' I (S R 2143 AREA E-2 _(SEE NOTE #8) ) ( 1.18 ACRES I .... . SWAMP r SHEET 5 G THIS PLAT DOES NOT CREATE A SUBDIVISION OF PROPERTY. THE PURPOSE OF THIS SURVEY IS TO IDENTIFY THE CONSERVATION EASEMENT AREAS ONLY. NO TRANSFER OF PROPERTY IS TAKING PLACE. SHEET y r ;: _ SURVEYOR'S NOTES: ! - < 1. ALL DISTANCES AND COORDINATES (NAD83 2011) ARE GRID MEASUREMENTS IN US SURVEY FEET UNLESS OTHERWISE NOTED. TO OBTAIN GROUND MEASUREMENTS THE GRID DISTANCE SHOULD BE DIVIDED BY THE AVERAGE COMBINED FACTOR SHOWN HEREON. 2. AREAS CALCULATED BY THE COORDINATE METHOD BASED UPON GRID MEASUREMENTS. 3. PROPERTY SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS AND RESTRICTIONS THAT ARE RECORDED, UNRECORDED, WRITTEN AND UNWRITTEN. 4. JOHNSTON COUNTY GIS WEBSITE USED TO IDENTIFY ADJOINING PROPERTY OWNERS. 5. THE PROFESSIONAL SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS, RIGHT OF WAYS, ENCUMBRANCES, RESTRICTIVE COVENANTS, CORRECT OWNERSHIP OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. A NC LICENSED ATTORNEY SHOULD BE CONSULTED. 6. BY GRAPHIC DETERMINATION, A PORTION OF THE SUBJECT PROPERTY APPEARS TO LIE WITHIN A SPECIAL FLOOD HAZARD AREA (SFHA) ZONE AE AS DETERMINED BY THE FIRM MAP#'S 3720264700J & 3720264600J DATED 12/02/2005. 7. UTILITIES WERE LOCATED BASED ON VISIBLE ABOVE 11. THE SURVEYOR HAS MADE NO DETERMINATION , GROUND STRUCTURES, THEREFORE THE LOCATION OF REGARDING THE OWNERSHIP, RIGHTS OR INTEREST IN r I UNDERGROUND UTILITIES ARE APPROXIMATE OR MAY BE WHICH THE STATE OF NORTH CAROLINA MAY HAVE TO PRESENT AND NOT SHOWN HEREON. CALL THE LAND BELOW THE ORDINARY HIGH WATER MARK OF ' 1-800-632-4949 BEFORE DIGGING. LITTLE RIVER. r 8. NO RIGHT OF WAY DEED WAS FOUND FOR OLD ROUTE 22 12. PROPERTY IS ZONED AGRICULTURAL RESIDENTIAL (AR). ROAD (S.R. 2143). RIGHT OF WAY IS 60-AS PER NCDOT. REFER TO JOHNSTON COUNTY, NC CODE OF ORDINANCES. 9. IN THE AREA INDICATED, THERE PRESENTLY EXISTS AN 13. THE TYPICAL RIGHT OF WAY WIDTH REQUIRED FOR OVERLAP OF: (1) THE PROPERTY IN THE OVERHEAD DISTRIBUTION POWER LINES OF ANY NAME OF JOY KEMPLE MARTIN AND JAN KEMPLE VOLTAGE IS NORMALLY A 30 FOOT WIDE CORRIDOR (15 MOORE AS DESCRIBED IN DEED BOOK 4076, PAGE 558; FEET ON EACH SIDE) PER DUKE ENERGY PROGRESS. AND (2) THE PROPERTY IN THE NAME OF SUSAN W. FORD AND HUSBAND BRIAN K. FORD, DESCRIBED IN 14. FIELD SURVEY DATES: 10/28/20-2/22/22. DEED BOOK 4888, PAGE 758 (TRACT FOUR). 10. IN THE AREA INDICATED, THERE PRESENTLY EXISTS AN OVERLAP OF: (1) THE PROPERTY IN THE NAME OF SUSAN W. FORD AND HUSBAND BRIAN K. FORD, DESCRIBED IN DEED BOOK 4888, PAGE 758 (TRACT ONE); AND (2) THE PROPERTY IN THE NAME OF ROBERTO FRANCO AND WIFE, MARTINA FRANCO, DESCRIBED IN DEED BOOK 5143, PAGE 378 (305 SQUARE FEET), LEGEND: 5/8" RBC "KEE" CONTROL CAP UNMARKED POINT EXISTING CONCRETE MONUMENT O EXISTING IRON PIN (AS NOTED) OO SET 5/8" RBR W/ "KEE" CE CAP O EXISTING 5/8" RBR W/ DMS CE CAP e MAG NAIL FOUND 6- TREE (AS NOTED) ►1 WATER VALVE UTILITY POLE O TELEPHONE PEDESTAL CONSERVATION EASEMENT (CE) r r STREAM/WATER PROPERTY OVERLAP AREA SOIL ROAD ASPHALT CE CONSERVATION EASEMENT -- E EXISTING EASEMENT TLC TRIANGLE LAND CONSERVANCY (CE) BOUNDARY LINE - - - - - BOUNDARY LINE NOT SURVEYED - - - - - - - - - ADJOINING DEED LINES - - - - - RIGHT OF WAY (R/W) - • - • • - - UTILITY RIGHT OF WAY (R/W) SFHA- SPECIAL FLOOD HAZARD AREA X X FENCE OW OVERHEAD WIRE GRID CONTROL POINTS POINT NORTHING EASTING ELEV DESCRIPTION COMBINED FACTOR 500 670435.28' 2242124.15' 141.12' 5/8" RBC SET 0.99988856 501 670209.64' 2242671.19' 140.69' 5/8" RBC SET 0.99988852 502 671955.31' 2244099.74' 168.89' 5/8" RBC SET 0.99988766 503 671696.37' 2245611.85' 160.20' 5/8" RBC SET 0.99988800 504 669678.21' 2245628.84' 150.53' 5/8" RBC SET 0.99988789 505 668841.60' 2245608.97' 144.70' 5/8" RBC SET 0.99988794 506 665686.21' 2246820.92' 168.52' 5/8" RBC SET 0.99988593 507 665103.49' 2245911.08' 155.72' 5/8" RBC SET 0.99988639 508 666494.29' 2242399.44' 179.91' 5/8" RBC SET 0.99988562 509 667318.64' 2241912.32' 159.94' 5/8" RBC SET 0.99988679 510 670125.85' 2240994.87' 149.27' 5/8" RBC SET 0.99988809 511 669444.70` 2239541.89' 190.37' MAG NAIL SET 0,99988593 800 671027.24' 2245355.61' 156.72' 5/8" RBC SET 0.99988798 801 671915.47' 2244826.71' 163.26' 5/8" RBC SET 0.99988792 802 672432,58' 2245081.52' 169.95' 5/8" RBC SET 0.99988775 803 672877.23' 2245109.84' 175.52' 5/8" RBC SET 0.99988761 804 671951.25' 2243572.48' 165.57' 5/8" RBC SET 0.99988782 805 671251.27' 2243228.56' 157.93' 5/8" RBC SET 0.99988799 TOTAL CONSERVATION EASEMENT AREA 1n 0I Armco AREA B-1: 0.22 AREA C-1: 2.11 AREA C-2: 2.12 AREA E-1: 1.86 AREA E-2: 1.18 AREA F-1: 0.11 AREA F-2: 0.78 NOT TO SCALE (NTS) PB: PLAT BOOK DB: DEED BOOK PG: PAGE RBR REBAR RBC REBAR WITH ID CAP POB POINT OF BEGINNING IP IRON PIPE IR IRON ROD NAD NORTH AMERICAN DATUM 1983 CF: COMBINED FACTOR RCP REINFORCED CONCRETE PIPE POB POINT OF BEGINNING B.G.L. BELOW GROUND LEVEL ELEV ELEVATION NORTH CAROLINA NCDOT DEPARTMENT OF TRANSPORTATION NAVD NORTH AMERICAN VERTICAL DATUM DIVISION OF DMS MITIGATION SERVICES CPP CORRUGATED PLASTIC PIPE GRID NORTH )11) 00 pC) W thg 2 xs0vl- Y o W 0zI'- W q EN a m Z 00 Q aW U) U) p 00 00 Z (ym�L Q Z J Z N O `/ = a a _ ^ Op I m ~ V U wF =❑M� Z °�° °o° OOo ao =pou-,^o =wNjM � I zwo : U p00 mof 0) �= Wo �I �m ot$ M DwLO i Q 0Z$LL ZH as0v� pLL o0 m^ W 0 0 w pOoa�C) �Y�ml-d O O� Ua m Jrn k �U .(70 p ooal.La C, �Y-� oa�N NI I- �a �ZOZ� 0z��U� �QN��m �- J��I N 3 I w� >� U)(D aZ 00 -Q���� O (7 a U OUOU m� �'0oZp"a Q¢o Z W v Oz W 50 'jmNmHa Z �Qmaao00o N Ln ZO w�w� a U' �pl I :I : W m �m Q ape x x x x— co V aL rnl UU~z~ p Q0U- I. �� mm p U �p p 0 00 rl) d O U Z O. o I p cq o 00 I iV m M z " :OcSZ l9 84 30 3NIl 1 b S 3 II I 89S Jd 9LOb 8a 30 3NIl 1St/3 00 • - — - _.,. • :...'=: '� OL.OM m „L2,ZZ.00 S: .: ...., — ._. — ._,. _.� ZZ1 H7 M ..L£,ZZo00 S LO I�X X x x x x_ ,L9.8LZ M „LO,Z0.00 S o BL• 6 6b M „LO.ZOo00 S • °o ao (anon loeal) asL :od M (2in0310b2i1) 89L Jd ^ p W v 0 8887 84 30 3NIl 1S3M 06 I I �: 06 00 � Z�� 888b :90 30 3NIl 1S3M LL 00~ a) OU I I LLj� ~O�CDm p pco C) LO rn�N~ Z co O M O N NI O � N .-. W CG W LL J z ~ z t M p m I I < O C� Of d O LL�L6Ldam0a0 9^ 0l O4zW0°' Y}�o QNmm0 00 m N o 3:0 � O � W aN�M ' � O ( OZo aOo rCL z a cna W aO aaa0 o_< CL II 0 U W W ¢ I 3 1 d Z cn Z "' 000 iv go — _ ti rn I x I 05 0� �M OX-xUm� pwoaOa : Y 00 �00zp~a z - as a," _^ _^ OU . � V a ; I < a C) L0 C,I-- C, - dOMO MN Za' 5§ N W wu �OaZZV W W O OZOZ V00� (. O OO O O ✓/� FZ- OOO- W a�a�a m Q : TW � LLJ Cl) ✓ 0m0 O (L a I �? �N�Gy y U) I I I I I I z m wo I I o C, Q � p Q I I I I I a I I I I Ld I I I U I ILd 0 YI I I O o �I W Q m i} i� IN 0_ N a. 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Q NE CORNER DB: 4395 PG: 664 & TERMINUS OF THE 21ST CALL IN DB: 4963 PG: 969 LINE BEARING DISTANCE L1 S 00°41'13" W 758.28' L2 N 89°48'44" W 537.87' L3 N 02'16'58" E 323.20' L4 N 00°22'31" E 411.29' L5 N 00°02'07" E 411.79' L6 N 00°22'31" E 250.10' L7 S 00°02'07" W 278.67' L8 N 00°29'04" E 108.57' L9 S 89°09'45" W 189.94' L10 S 89°09'45" W 165.06' L11 S 89-19-13" E 150.39' L12 S 89-19'13" E 153.68' SUSAN W. FORD & HUSBAND, BRIAN K. FORD PIN: 2647.00-32-3805 DB: 4395 PG: 664 PB: 38 PG: 389 (LOT 2) CONSERVATION EASEMENT CORNER # NORTHING EASTING 10 672277.20 2244762.98 11 672548.56 2244786.90 12 672889.29 2244810.11 13 672887.96 2244922.33 14 672544.65 2244903.81 15 672276.49 2244882.04 44 672278.07 2244616.25 45 672891.07 2244659.73 46 672886.13 2245076.00 47 672275.59 2245034.71 3/4" RBR 1" IP 3/4" RBR ---- L10 �g---�� DEED OVERLAP I (SEE NOTE #10) I 1.. ROBERTO FRANCO & WIFE, I X ._j MARTINA FRANCO PIN: 2647 00-32-5239 GRID CONTROL POINTS POINT NORTHING EA4TING ELEV DESCRIPTION COMBINED FACTOR 500 670435.28' 2242124.15' 141,12' 5/8" RBC SET 0.99988856 501 670209.64' 2242671.19' 140.69' 5/8" RBC SET 0.99988852 502 671955.31' 2244099.74' 168.89' 5/8" RBC SET 0.99988766 503 671696.37' 2245611.85' 160.20' 5/8" RBC SET 0.99988800 504 669678.21' 2245628.84' 150.53' 5/8" RBC SET 0.99988789 505 668841.60' 2245608.97' 144.70' 5/8" RBC SET 0.99988794 506 665686.21' 2246820.92' 168.52' 5/8" RBC SET 0.99988593 507 665103.49' 2245911.08' 155.72' 5/8" RBC SET 0,99988639 508 666494.29' 2242399.44' 179.91' 5/8" RBC SET 0.99988562 509 667318.64' 2241912.32' 159.94' 5/8" RBC SET 0.99988679 510 670125.85' 2240994.87' 149.27' 5/8" RBC SET 0.99988809 511 669444.70' 2239541.89' 190.37' MAG NAIL SET 0.99988593 800 671027.24' 2245355.61' 156.72' 5/8" RBC SET 0.99988798 801 671915.47' 2"44826.71' 163.26' 5/8" RBC SET 0.99988792 802 672432.58' 2245081.52' 169.95' 5/8" RBC SET 0.99988775 803 672877.23' 2245109.84' 175.52' 5/8" RBC SET 0.99988761 804 671951.25' 2243572.48' 1165.57' 5/8" RBC SET 0.99988782 805 1 671251.27' 2243228.56' 157.93' 5/8" RBC SET 0.99988799 CERTIFICATION OF OWNERSHIP & DEDICATION: I/WE, THE UNDERSIGNED, CERTIFY THAT I/WE ARE THE OWNER(S) OF THE PROPERTY SHOWN A DESCRIBED HEREON AND ACCEPT AND ADOPT THIS PLAT AN CONSERVATION EASEMENTS WITH RFREE CO S T AND ED C TE, GRANT AND CONVEY AN EAS MENT 0 R OUR JAC NT PROPERTY FOR ACCESS TO AND T C N T A ENTS SET I O ��Fj m x �5MAN W. FORD I l� ------------------- BRIAN K. FORD 'DATE _1 o/_3 aaaa DATE REGISTERED THIS THE ___ DAY OF 20___ AT --------- AND RECORDED IN PLAT BOOK ------- PAGE BY: DEPUTY REGISTER OF DEEDS N GRID NORTH )11) VICINITY MAP fKInT Tn C(`AI C\ SURVEYOR'S NOTES: L. LASS.00-4 ll 1. ALL DISTANCES AND COORDINATES NAD83 2011 ARE GRID PIN: 2647 - 32 MEASUREMENTS IN US SURVEY FEET UNLESS OTHERWISE DB: 4963 PG: 69 PG:9 NOTED. TO OBTAIN GROUND MEASUREMENTS THE GRID DISTANCE SHOULD BE DIVIDED BY THE AVERAGE COMBINED FACTOR SHOWN HEREON. 2. AREAS CALCULATED BY THE COORDINATE METHOD BASED CONSERVATION UPON GRID MEASUREMENTS. CONSERVATION EASEMENT EASEMENT AREA C-2 3. PROPERTY SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS "AREA C" 2.12 ACRES AND RESTRICTIONS THAT ARE RECORDED, UNRECORDED, (1.5' B.G.L.) WRITTEN AND UNWRITTEN. S 89019'13" E 1303.32' 4. JOHNSTON COUNTY GIS WEBSITE USED TO IDENTIFY ADJOINING PROPERTY OWNERS. (45) O E CE 2) L11 (1E (13) O,= 30 0 L12 _ - _ _ CONTROL 5. THE PROFESSIONAL SURVEYOR HAS MADE NO INVESTIGATION (46) OR INDEPENDENT SEARCH FOR EASEMENTS, RIGHT OF WAYS, Luxe/ w POINT (803) ENCUMBRANCES, RESTRICTIVE COVENANTS, CORRECT m w U OWNERSHIP OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. A NC LICENSED ATTORNEY SHOULD BE CONSULTED. w m - I 6. BY GRAPHIC DETERMINATION, NO PORTION OF THE SUBJECT U � I p w U PROPERTY APPEARS TO LIE WITHIN A SPECIAL FLOOD " T-:r HAZARD AREA (SFHA) ZONE AE AS DETERMINED BY THE ERVATION ch � w FIRM MAP# 3720264700J DATED 12/02/2005. LEASEMENTAREA C-1 m rI7W "',, UTILITIES WERE LOCATED BASED ON VISIBLE ABOVE ACRES v �i v GROUND STRUCTURES, THEREFORE THE LOCATION OF i r- I Q UNDERGROUND UTILITIES ARE APPROXIMATE OR MAY BE „ I J o O PRESENT AND NOT SHOWN HEREON. CALL m M 0 ( C,) I F- 1-800-632-4949 BEFORE DIGGING. v o'L Z �- 8. PROPERTY IS ZONED AGRICULTURAL RESIDENTIAL (AR). rn c0 REFER TO JOHNSTON COUNTY, NC CODE OF SUSAN W. FORD &HUSBAND, 5' ORDINANCES. BRIAN K. FORD W m 1�� w ..;, I C.0 9. NO RIGHT OF WAY DEED WAS FOUND FOR OLD ROUTE PIN: 2647.00-42-3582 - w LL 5> _ 22 ROAD (S.R. 2143). RIGHT OF WAY CLAIMED IS 60' DB: 4888 PG: 758 (TRACT ONE) cv j I cwi o to AS PER NCDOT. 0 Q(11) r N M 10. IN THE AREA INDICATED, THERE PRESENTLY EXISTS AN 18.60 ACRES o rI 1 (14) I M o Cn 0 OVERLAP OF: (1) THE PROPERTY IN THE NAME OF SUSAN W FORD AND HUSBAND BRIAN K FORD ZLu 0 CO CO DESCRIBED IN DEED BOOK 4888, PAGE 758 (TRACT m i ONE); AND (2) THE PROPERTY IN THE NAME OF Vd W o ROBERTO FRANCO AND WIFE, MARTINA FRANCO, I C;t 00 LO DESCRIBED IN DEED BOOK 5143, PAGE 378 (305 uj tN � w SQUARE FEET). m �I ( w U CONTROL 11. FIELD SURVEY DATES: 10/28/20-2/22/22. 5/8" RBC POB (44) I � W POINT ( ) N:672278.07' I I r I N E: 2244616.25' � CF: 0.99988775 w m �cV co_ c'7 w U B. H. HINNANT „ LO i o PIN:2647.00-52-4662 1 X 1-1/2 I I Ir z DB: 890 PG: 571 (THIRD TRACT) FLAT IRON j I SE CORNER DB: 890 w m (t PG: 571 (THIRD TRACT) U I "' v NE CORNER DB: 4888 PG' 758 TRACT TWO 1 /2" IP 766.85' 146.73' 1 ( ) PORTION OF DB: 5143 PG: 378 • .. 46.2T 119.0T 152 6T 39.20' L2 PB: 38 PG: 389 (PORTION OF LOT 1) I (1.0' B.G.Q.) I N 89039'35" W 1270.79' TOTAL 5/8" RBC. PB: 88 PG: 312 (LOT 2) X ( ) PB: 94 PG: 24 I • 1 1 /2" IP I I: (0.7'B.G.L.) ---------- ROBERTO FRANCO & WIFE, o MARTINA FRANCO ao LL t° I co SUSAN W. FORD & HUSBAND, PIN: 2647.00-32-7129 PORTION OF DB: 5143 PG: 378 W O O O M 0 BRIAN K. FORD I PB: 38 PG: 389 (PORTION OF LOT 1) - d U- w I Z d PIN:2647.00-31-7071 PB: 88 PG: 312 (PORTION OF LOT 1) I J °D II'CO J m DB: 4888 PG: 758 (TRACT FOUR) PB: 94 PG: 24 I U j � J ff J 1- PB: 93 PG: 399 �roH �I�. wm ROBERTO FRANCO & WIFE,MARTI A FRANCO I PIN:2r0 64. 6102 0 11 I PORTION OF DB: 5143 PG: 378 PB: 38 PG: 389 (PORTION OF LOT 1) I I. OLD ROUTE 22 PB: 88 PG: 312 (PORTION OF LOT 1) S, 2143) PB: 94 PG: 24 II (SEE NOTE# gR 5/8" RBC "KEE" CONTROL CAP ................ ... ................. - 8 MAG NAIL FOUND / EXISTING CONCRETE MONUMENT w our'" ow i oar-- ow I ow-__ EXISTING IRON PIN (AS NOTED) O EXISTING 5/8" RBR W/ DMS CE CAP ... / 00 LL L O I LL � O .. 0 SET 5/8" REBAR W/ "KEE" CAP JOY K. MARTIN & CONTROL JAN K. MOORE Lu a =1 Q z a J � (D OO SET 5/8" REBAR W/ "KEE" CE CAP POINT (804) PIN: 2647.00-30-1815 5/8" RBR UTILITY POLE DB: 4076 PG: 558 w - ¢ TERMINUS OF THE 5TH CALL PB: 38 PG: 389 (LOT 3) p w o IN DB: 488 PG: 758 (TRACT FOUR) STREAM/WATER PB: 93 PG: 195 TERMINUS OF THE 7TH CALL r IN DB: 4076 PG: 558 ASPHALT (KEE) � I J 5/8" RBC (KEE) TERMINUS OF THE 3RD CALL --- IN DB: 4888 PG: 758 (TRACT THREE) TERMINUS OF THE 2ND CALL IN DB: 4888 PG: 758 (TRACT FOUR) (10)- 12" SUSAN W. FORD AND HUSBAND, BRIAN K. FORD PIN:2647.00-41-5296 DB: 4888 PG: 758 (TRACT THREE) PB: 93 PG: 398 LEGEND: CONSERVATION EASEMENT (CE) PROPERTY OVERLAP AREA A- NOT TO SCALE CE CONSERVATION EASEMENT BOUNDARY LINE --- ADJOINING DEED LINES - - - - - RIGHT OF WAY (R/W) - - UTILITY RIGHT OF WAY (R/W) ow OVERHEAD WIRE X FENCE I (47) I 5/8" RBC POB (15) 76N: 67.49I SHEET 4 OF 6 E: 2244882.04' CF: 0.99988789 SUSAN W. FORD & HUSBAND, BRIAN K. FORD PIN:2647.00-51-2266 I DB: 4888 PG: 758 (TRACT TWO PB: PLAT BOOK NORTH CAROLINA DB: DEED BOOK NCDOT DEPARTMENT OF TRANSPORTATION PG: PAGE B.G.L. BELOW GROUND LEVEL RBR REBAR RBC REBAR WITH ID CAP DMS DIVISION OF MITIGATION SERVICES POB POINT OF BEGINNING IP IRON PIPE NAD NORTH AMERICAN DATUM 1983 CF: COMBINED FACTOR CPP CORRUGATED PLASTIC PIPE ELEV ELEVATION NAVD NORTH AMERICAN VERTICAL DATUM A CONSERVATION EASEMENT SURVEY FOR WILDLANDS ENGINEERING, INC. "LITTLE RIVER -FORD MITIGATION BANK PARCEL" PARCEL IDENTIFICATION #: 2647.00-42-3582 CURRENT OWNERS LISTED AS: SUSAN W. FORD AND HUSBAND, BRIAN K. FORD SITE ADDRESS: OLD ROUTE 22, KENLY, NC 27542 DEED REFERENCE: DB: 4888 PG: 758, TRACT ONE BEULAH TOWNSHIP, JOHNSTON COUNTY, NORTH CAROLINA FIELD SURVEY BY, DD,DV,JR,CB,DP,SB DRAWN BY: DID CHECKED BY: JL SURVEY DATE: 06/15/22 JOB #2103031-CE REVISION: DATE: 0' 100, 200' 300' ONE INCH = ONE HUNDRED FEET SHEET SIZE: 18"X24" SCALE: 1"=100' N P.O. 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O _0 �' '��' \ m (o � I LO a) 'mo pYO00 C_ Z w x 40 (o N Z lU O ILL Z O 0coa- MC)Ln UOO IlII w II! o CO a. z 00 Z 00 (n x >o a.Q III II o U_Z v U) m U 0 L6 ONz�LL V 0_ N a O U Q w U Z O _ Mto U) (0 (LO V (0 LM O ;cO o mMOODO N fA V d- 0 U.) d: O d O ;vN M o m w w w w w 2 w w Z P N N V' (M CO LON m Zo 00 5,)) V m w Q Lyj N O 'IT(O Oo p CD N (D � o N ;0�O (0 N � M N o N O M (0 O N M C3 O 0) M M M co O c) to Cc)00 O (y ,n 0 0 0 mUnU�wwwZZZZZZm w Z LO CD N 00 O J J J J J J J J J J J J J m 0_ W � d 1 Q z 0 0 0 m 9F l p W F__ LLJ Mi W U Sw, lll� � o ��w m i o Y Q � 1 1 1-lam F- z �m\ F W O F 0' p W 9F M _�� W Z 0 IY W win uj o\ 0_ J ZO W J 0 J U _ O Z Q mY Q U 0000 � Q o> Q Z V) V)(n W a_ w Q (n (n (n � J W J < Lo o � w w w cWn z � F- 3 �Vll,�ll Filed in JOHNSTON COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 10/10/2022 08:47:40 AM DEED BOOK: 6357 PAGE: 569-585 INSTRUMENT # 2022830443 Real Estate Excise Tax: $235.00 Deputy/Assistant Register of Deeds: Lynn Kirby RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, North Carolina 28203 Attn: Matt Covington XOO� � a 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT v v 3r j� 4 ° THjIq CONSERVATION EASEMENT ("Conservation Easement") made this day of Vii��, 2022 by and between Susan W. Ford and spouse, Brian K. Ford (collectively, "Grantor") and Unique Places to Save, a North Carolina non-profit corporation ("Grantee"). �v UCe The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors 1 and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. r 7 O td U RECITALS L C 0 v� L WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Johnston County, cm 0 North Carolina, more particularly shown on Exhibit A attached hereto and incorporated herein U ("Property") and being the Property conveyed to the Grantor by deed as recorded in Deed Book 4888 at LL a'Os Page 758 of the Johnston County Registry, North Carolina Tax Parcel Identification Numbers 03PO6017C (2647.00-31-7071), 03PO6017A (264700-42-3582), 03PO6017 (264700-41-5296), and 03PO6017D J (264700-51-2266). ° J W m+� v WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the Property in its natural state, which includes the following natural communities: unnamed tributaries and a� open field ditches which flows to Little River and eventually to the Neuse River. The purpose of this c O d) �+ Conservation Easement is to maintain riparian resources and other natural values of approximately 8.38 �s acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated o fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of rd zt the Conservation Easement Area for any purpose or in any manner that would conflict with the o 4 maintenance of its natural condition. U ° vv� r U E WHEREAS, the preservation of the Conservation Easement Area is required by the Little River Ford II4VJ 0J C L Nutrient Offset Banking Instrument ("MBI") (DWR #2021-0112v3). The Conservation Easement Area + es O +J E U �cc to •- cd 5.26.22 MTC DEED B: 6357 P: 570 will be restored to a natural vegetated condition as provided in and specified in Little River Ford II Nutrient Offset Bank Parcel Bank Parcel Development Package ("BPDP"). The Little River Ford II 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 Little River Ford II 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 a 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 set forth below. Further, for the purpose of providing uninterrupted ingress to and egress from the Conservation Easement Area to access Old Route 22 (S.R. 2143), Grantor grants and conveys unto Grantee, its successors and assigns, a perpetual non-exclusive easement forvehicular and pedestrian ingress, egress, and regress to and from the Conservation Easement Area on, over, and across (1) the Property, (2) any other right-of-way appurtenant to the Property, and (3) any other lands owned by Grantor. 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 2 5.26.22 MTC DEED B: 6357 P: 571 prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited in the Conservation Easement Area. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Conservation Easement Area except as provided in the MBI and BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the MBI and BPDP is allowable once a year for no more than five consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by the Bank Sponsor and shall not violate any part of Item M of Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area. 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 5.26.22 MTC DEED B: 6357 P: 572 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 seven land areas totaling approximately 8.38 acres within the Property. The Grantor may not further subdivide the Conservation Easement Area, except with the prior written consent of the Grantee. If Grantee grants permission for Grantor to further subdivide any portion of the Conservation Easement Area, with appropriate permission from Grantee, Grantor must provide the Grantee the name, address, and telephone number of new owner(s) of all property within the Conservation Easement Area, if different from Grantor. No subdivision of the Conservation Easement Area shall limit the right of ingress and egress over and across the Property for the purposes set forth herein. Further, in the event of any subdivision of the Property (whether inside or outside of the Conservation Easement Area) provision shall be made to preserve not only Grantee's perpetual rights of access to the Conservation Easement Area, as defined herein, but also Grantee's right of perpetual access to any conservation easements on properties adjacent to the Property which form a part of or are included in the MBI and/or the BPDP or as otherwise acknowledged. Creation of a condominium or any de facto division of the Conservation Easement Area is prohibited. Lot line adjustments or lot consolidation without the prior written consent of the Grantee is prohibited. The Grantor may convey undivided interests in the Conservation Easement Area. The Grantor shall notify the Grantee immediately of the name, address, and telephone number of any grantee of an undivided interest in any property within the Conservation Easement Area. M. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, other than for temporary access for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as described in the MBI and/or BPDP. N. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may became 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 5.26.22 MTC DEED B: 6357 P: 573 Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part as provided in Article II, 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 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 purpose's 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 the 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 5.26.22 MTC DEED B: 6357 P: 574 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. This 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 6 5.26.22 MTC DEED B: 6357 P: 575 Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Conservation Easement Area unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Conservation Easement Area (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement, which, as stated above, include the maintenance and preservation of riparian natural resources in North Carolina or other geographies within North America. I. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Susan and Brian Ford 888 Weaver Road Kenly, NC 27542-9272 To Grantee: Unique Places to Save P O Box 1183 Chapel Hill, NC 27514 To NCDWR: NCDENR — Division of Water Resources 7 5.26.22 MTC DEED B: 6357 P: 576 401 & 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 March, 2022, 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. jsignatures to follow] 8 5.26.22 MTC DEED B: 6357 P: 577 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) b �- ��� (SEAL) Brian K. Ford NORTH CAROLI NA COUNTY OF�a t C I, A nr3 , \`in5 , a Notary Public in and for the County and State aforesaid, do hereby certify that Susan W. Ford and Brian K. Ford, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 3 day of 0c:t,t" 2022. S (r4tp or Seal) ccy,, Notary Public My commission expires: y " ,2 9 5.26.22 MTC DEED B: 6357 P: 578 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 By: (SEAL) NAME Date: %Z 1 1 ZZ 6 2 2 NORTH CAROLINA COUNTY OF ()iiUlVIJ R- I, NQk$,\it 001, IS a Notary Public in and for the County and State aforesaid, do hereby certify that _�('(ne Rstar , personally appeared before me this day and acknowledged that he is oop(& qAttiW of Mf GVt A✓�non-profit corporation, and that he, as Obs('d 0tVtLKt' 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 u 2022. 8tade S Notary Public n M CommI 1 1SV2026 My commission expires: 10/(4 /ZOZ6 10 DEED B: 6357 P: 579 EXHIBIT A 264700-41-5296 264700-31-7071 This map is not a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulation and has not been reviewed for compliance with recording requirements for plats. Ij Parcels j) Q Project Parcels f( Exhibit A - Property W I L D L A N l7 S Little River Ford II Mitigation Bank Parcel ENGINEERING 0 250 500 Feet Little River Ford II Mitigation Bank l i I Neuse River Basin (03020201) �j Johnston County, NC 11 5.26.22 MTC DEED B: 6357 P: 580 EXHIBIT B The following conservation easement area is located off of Old Route 22, SR 2143, within the Beulah Township, Johnston County, North Carolina, and being on a portion of that property conveyed to Susan W. Ford and husband, Brian K. Ford, through Deed Book 4888, Page 758 (Tract Four) of the Johnston County Register of Deeds (said Registry being the repository of all deeds and plats referenced hereinafter), and being more particularly described as follows (all bearings are grid bearings and all distances are grid distances, with a combined factor of 0.99988803): Conservation Easement Area B-1: BEGINNING AT AN EXISTING 5/8" REBAR WITH A CE CAP (CORNER 1), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Four) and Deed Book 4076, Page 558, and at a corner of an existing conservation easement as shown in Plat Book 0141 , Pages 1' ✓ through J and having North Carolina State Plane Coordinates (2011) of Northing: 671286.46 feet and Easting: 2243527.69 feet; Thence leaving the aforementioned common line, with the aforementioned existing conservation easement, and with the conservation easement area S 30°19'01" E a distance of 221.19 feet to an existing 5/8" rebar with a CE cap (Corner 9); Thence leaving the aforesaid existing conservation easement and continuing with the conservation easement area N 89°17'46" W a distance of 101.18 feet to a 5/8" rebar set with a CE cap (Corner 36), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Four) and Deed Book 4076, Page 558; Thence with the aforesaid common line and continuing with the conservation easement area N 03°09'50" W a distance of 189.99 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area B-1 containing a total of 0.22 Acre, being the same more or less. The following conservation easement areas are located off of Old Route 22, SR 2143, within the Beulah Township, Johnston County, North Carolina, and being on portions of that property conveyed to Susan W. Ford and husband, Brian K. Ford, through Deed Book 4888, Page 758 (Tract One) of the Johnston County Register of Deeds (said Registry being the repository of all deeds and plats referenced hereinafter), and being more particularly described as follows (all bearings are grid bearings and all distances are grid distances, with a combined factor of 0.99988803): Conservation Easement Area C-1: BEGINNING AT A 5/8" REBAR SET WITH A CE CAP (CORNER 44), said rebar being in the common line of Deed Book 4888, Page 758 (Tract One) and Deed Book 4888, Page 758 (Tract Three), and having North Carolina State Plane Coordinates (2011) of Northing: 672278.07 feet and Easting: 2244616.25 feet; Thence leaving the aforementioned common line and with the conservation easement area the 12 5.26.22 MTC DEED B: 6357 P: 581 following (2) courses and distances: (1) N 04°03'25" E a distance of 614.54 feet to a 5/8" rebar set with a CE cap (Corner 45); (2) S 89°19'13" E a distance of 150.39 feet to an existing 5/8" rebar with a CE cap (Corner 12), said rebar being at a corner of an existing conservation easement as shown in Plat Book Pages 165 through lgy ; Thence with the aforesaid existing conservation easement and continuing with the conservation easement area the following (2) courses and distances: (1) S 03°53'52" W a distance of 341.52 feet to an existing 5/8" rebar with a CE cap (Corner 11); (2) S 05°02'13" W a distance of 272.41 feet to an existing 5/8" rebar with a CE cap (Corner 10), said rebar being in the common line of Deed Book 4888, Page 758 (Tract One) and Deed Book 4888, Page 758 (Tract Three); Thence with the aforesaid common line and continuing with the conservation easement area N 89°39'35" W a distance of 146.73 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area C-1 containing a total of 2.11 Acres, being the same more or less. Conservation Easement Area C-2: BEGINNING AT AN EXISTING 5/8" REBAR WITH A CE CAP (CORNER 15), said rebar being in the common line of Deed Book 4888, Page 758 (Tract One) and Deed Book 4888, Page 758 (Tract Three), and at a corner of an existing conservation easement as shown in Plat Book i ri , Pages C � through t and having North Carolina State Plane Coordinates (2011) of Northing: 672276.49 feet and Easting: 2244882.04 feet; Thence leaving the aforementioned common line, with the aforementioned existing conservation easement, and with the conservation easement area the following (2) courses and distances: (1) N 04°38'26" E a distance of 269.04 feet to an existing 5/8" rebar with a CE cap (Corner 14); (2) N 03°05'16" E a distance of 343.80 feet to an existing 5/8" rebar with a CE cap (Corner 13); Thence leaving the aforesaid existing conservation easement and continuing with the conservation easement area the following (2) courses and distances: (1) S 89'19'13" E a distance of 153.68 feet to a 5/8" rebar set with a CE cap (Corner 46); (2) S 03°52'06" W a distance of 611.94 feet to a 5/8" rebar set with a CE cap (Corner 47), said rebar being in the common line of Deed Book 4888, Page 758 (Tract One) and Deed Book 4888, Page 758 (Tract Three); Thence with the aforesaid common line and continuing with the conservation easement area N 89°39'35" W a distance of 152.67 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area C-2 containing a total of 2.12 Acres, being 13 5.26.22 MTC DEED B: 6357 P: 582 the same more or less. The following conservation easement areas are located off of Old Route 22, SR 2143, within the Beulah Township, Johnston County, North Carolina, and being on portions of that property conveyed to Susan W. Ford and husband, Brian K. Ford, through Deed Book 4888, Page 758 (Tract Three) of the Johnston County Register of Deeds (said Registry being the repository of all deeds and plats referenced hereinafter), and being more particularly described as follows (all bearings are grid bearings and all distances are grid distances, with a combined factor of 0.99988803): Conservation Easement Area E-1: BEGINNING AT A 5/8" REBAR SET WITH A CE CAP (CORNER 48), said rebar being in the line of an existing conservation easement as shown in Plat Book 93, Page 398, and having North Carolina State Plane Coordinates (2011) of Northing: 671233.07 feet and Easting: 2244605.44 feet; Thence leaving the aforementioned existing conservation easement and with the conservation easement area the following (4) courses and distances: (1) N 03°39'20" W a distance of 382.46 feet to a 5/8" rebar set with a CE cap (Corner 49); (2) N 16°19'41" E a distance of 90.80 feet to a 5/8" rebar set with a CE cap (Corner 50); (3) N 32°57'26" E a distance of 123.27 feet to a 5/8" rebar set with a CE cap (Corner 51); (4) N 03°48'14" E a distance of 47.52 feet to a 5/8" rebar set with a CE cap (Corner 52), said rebar being in the southern line of a 30 foot wide right of way and easement of Duke Energy Progress; Thence with the aforesaid right of way line and continuing with the conservation easement area S 84°00'41" E a distance of 101.01 feet to an existing 5/8" rebar with a CE cap (Corner 32), said rebar being at a corner of an existing conservation easement as shown in Plat Book , Pages _I?) through �7y ; Thence with the aforesaid existing conservation easement and continuing with the conservation easement area the following (5) courses and distances: (1) S 07°39'50" W a distance of 82.56 feet to an existing 5/8" rebar with a CE cap (Corner 31); (2) S 36°08'36" W a distance of 138.92 feet to an existing 5/8" rebar with a CE cap (Corner 30); (3) S 02*12'26" E a distance of 399.37 feet to an existing 5/8" rebar with a CE cap (Corner 29); (4) S 52°10'19" E a distance of 221.90 feet to an existing 5/8" rebar with a CE cap (Corner 28); (5) S 00°18'58" W a distance of 107.05 feet to an existing 5/8" rebar with a CE cap (Corner 27), said rebar being in the line of an existing conservation easement as shown in Plat Book 93, Page 398; Thence leaving the aforementioned existing conservation easement, with the aforesaid existing conservation easement as shown in Plat Book 93, Page 398, and continuing with the conservation easement area the following (2) courses and distances: (1) N 39°01'00" W a distance of 110.51 feet to an existing 5/8" rebar with a CE cap (Corner 53); (2) N 54°41'10" W a distance of 244.31 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area E-1 containing a total of 1.86 Acres, being 14 5.26.22 MTC DEED B: 6357 P: 583 the same more or less. Conservation Easement Area E-2: BEGINNING AT AN EXISTING 5/8" REBAR WITH A CE CAP (CORNER 21), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Three) and Deed Book 4888, Page 758 (Tract Two), and at a corner of an existing conservation easement as shown in Plat Book A , Pages through 4-4 and having North Carolina State Plane Coordinates (2011) of Northing: 671251.51 feet and Easting: 2245048.29 feet; Thence leaving the aforementioned common line, with the aforementioned existing conservation easement, and with the conservation easement area the following (4) courses and distances: (1) N 52°06'06" W a distance of 169.76 feet to an existing 5/8" rebar with a CE cap (Corner 20); (2) N 00°19'23" E a distance of 233.73 feet to an existing 5/8" rebar with a CE cap (Corner 19); (3) N 35°56'01" E a distance of 101.72 feet to an existing 5/8" rebar with a CE cap (Corner 18); (4) N 07°48'12" E a distance of 148.83 feet to an existing 5/8" rebar with a CE cap (Corner 17), said rebar being in the southern line of a 30 foot wide right of way and easement of Duke Energy Progress; Thence with the aforesaid right of way line, leaving the aforementioned existing conservation easement, and continuing with the conservation easement area S 84°02'09" E a distance of 67.13 feet to a 5/8" rebar set with a CE cap (Corner 54), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Three) and Deed Book 4888, Page 758 (Tract Two); Thence with the aforesaid common line and continuing with the conservation easement area S 01°26'01" W a distance of 198.03 feet to a 5/8" rebar set with a CE cap (Corner 57); Thence leaving the aforementioned common line and continuing with the conservation easement area the following (3) courses and distances: (1) S 36°26'24" W a distance of 78.31 feet to a 5/8" rebar set with a CE cap (Corner 58); (2) S 00°29'00" E a distance of 146.05 feet to a 5/8" rebar set with a CE cap (Corner 59); (3) S 51°15'48" E a distance of 50.34 feet to a 5/8" rebar set with a CE cap (Corner 60), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Three) and Deed Book 4888, Page 758 (Tract Two); Thence with the aforesaid common line and continuing with the conservation easement area S 01`26'01" W a distance of 122.38 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area E-2 containing a total of 1.18 Acres, being the same more or less. The following conservation easement areas are located off of Old Route 22, SR 2143, within the Beulah Township, Johnston County, North Carolina, and being on portions of that property conveyed to Susan W. Ford and husband, Brian K. Ford, through Deed Book 4888, Page 758 (Tract Two) of the Johnston County Register of Deeds (said Registry being the repository of all deeds and plats referenced hereinafter), and being more particularly described as follows (all bearings are grid bearings and all 15 5.26.22 MTC DEED B: 6357 P: 584 distances are grid distances, with a combined factor of 0.99988803): Conservation Easement Area F-1: BEGINNING AT A 5/8" REBAR SET WITH A CE CAP (CORNER 54), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Two) and Deed Book 4888, Page 758 (Tract Three), and in the southern line of a 30 foot wide right of way and easement of Duke Energy Progress, and having North Carolina State Plane Coordinates (2011) of Northing: 671812.36 feet and Easting: 2245062.32 feet; Thence leaving the aforementioned common line, with the aforementioned right of way line, and with the conservation easement area S 84°02'09" E a distance of 32.19 feet to a 5/8" rebar set with a CE cap (Corner 55); Thence leaving the aforesaid right of way line and continuing with the conservation easement area the following (2) courses and distances: (1) S 05°58'21" W a distance of 169.33 feet to a 5/8" rebar set with a CE cap (Corner 56); (2) S 36°26'24" W a distance of 32.58 feet to a 5/8" rebar set with a CE cap (Corner 57), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Two) and Deed Book 4888, Page 758 (Tract Three); Thence with the aforesaid common line and continuing with the conservation easement area N 01°26'01" E a distance of 198.03 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area F-1 containing a total of 0.11 Acre, being the same more or less. Conservation Easement Area F-2: BEGINNING AT AN EXISTING 5/8" REBAR WITH A CE CAP (CORNER 21), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Two) and Deed Book 4888, Page 758 (Tract Three), and at corner of an existing conservation easement as shown in Plat Book 011 , Pages ;5 through M, and having North Carolina State Plane Coordinates (2011) of Northing: 671251.51 feet and Easting: 2245048.29 feet; Thence leaving the aforementioned existing conservation easement, with the aforementioned common line, and with the conservation easement area N 01'26'01" E a distance of 122.38 feet to a 5/8" rebar set with a CE cap (Corner 60); Thence leaving the aforesaid common line and continuing with the conservation easement area the following (4) courses and distances: (1) S 51°15'48" E a distance of 132.59 feet to a 5/8" rebar set with a CE cap (Corner 61); (2) S 18°21'38" E a distance of 109.65 feet to a 5/8" rebar set with a CE cap (Corner 62); (3) S 00°26'03" E a distance of 184.52 feet to a 5/8" rebar set with a CE cap (Corner 63); (4) N 83°15'52" W a distance of 104.48 feet to an existing 5/8" rebar with a CE cap (Corner 24), said rebar being at a corner of an existing conservation easement as shown in Plat Book Pages I hJ through ; 16 5.26.22 MTC DEED B: 6357 P: 585 END OF DOCUMENT Thence with the aforesaid existing conservation easement and continuing with the conservation easement area the following (3) courses and distances: (1) N 01°12'22" E a distance of 158.63 feet to an existing 5/8" rebar with a CE cap (Corner 23); (2) N 23'02'38" W a distance of 74.19 feet to an existing 5/8" rebar with a CE cap (Corner 22); (3) N 52*06'06" W a distance of 16.43 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area F-2 containing a total of 0.78 Acre, being the same more or less. Being all of 7 conservation easement areas containing a total of 8.38 Acres, being the same more or less, according to a plat of survey entitled "A Conservation Easement Survey for Wildlands Engineering, Inc., Little River -Ford Mitigation Bank Parcel", on the property of Susan W. Ford and husband, Brian K. Ford, dated June 15, 2022, Job# 2203031-CE. This description of land was prepared from an actual survey and shown on the aforesaid plat by Kee Mapping and Surveying, PA (License # C-3039) between the dates of 10/28/20 — 02/22/22 and under the supervision of Drew V. Duinker Ken, NC PLS (License # L-5010) and shown on a plat of survey as recorded in Plat Book, Pages. -5 throughof the Johnston County Register of Deeds, to which reference should be made for a more complete description. 17 5.26.22 MTC Filed in JOHNSTON COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 10/10/2022 08:47:40 AM DEED BOOK: 6357 PAGE: 547-560 INSTRUMENT # 2022830441 Real Estate Excise Tax: $52.00 Deputy/Assistant Register of Deeds: Lynn Kirby 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 a, o 0 L �v c in T�j IS ONSERVATION EASEMENT Easement") day E o� ("Conservation made this of U Ce 2022 by and between Joy K. Martin, divorced, Jan K. Stephenson (f/k/a Jan a > Kemple Moore) and spouse, Robin Stephenson (collectively "Grantor") and Unique Places to Save, a North Carolina non-profit corporation (Grantee). .00 rd U Lc 00 u +J The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors a) and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. L u •c v J LL RECITALS a > *' O L WHEREAS, Joy K. Martin and Jan K. Stephenson own in fee simple certain real property situated, lying and being in Johnston County, North Carolina, more particularly shown on Exhibit A attached hereto and 0' v incorporated herein ("Property") and being the Property conveyed to Joy K. Martin and Jan K. Moore by J v deed as recorded in Deed Book 4076 at Page 558 of the Johnston County Registry, North Carolina (Tax C Parcel Identification Number 03PO6022 (264700-30-1815)). a� L c 0 a) L +J WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the ro +J � "E Property in its natural state, which includes the following natural communities: unnamed tributaries and L V open field ditches which flow to Little River and eventually to the Neuse River. The purpose of this ' ZL Conservation Easement is to maintain riparian resources and other natural values of approximately 1.83 0 4" acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated L_•�4 4 0 fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of vv� the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. vim*' + es 0 +J eu WHEREAS, the preservation of the Conservation Easement Area is required by the Little River Ford II 0 Nutrient Offset Banking Instrument ("MBI") (DWR #2021-0112v3). The Conservation Easement Area 5.26.22 TP/MTC DEED B: 6357 P: 548 will be restored to a natural vegetated condition as provided in and specified in Little River Ford 11 Nutrient Offset Bank Parcel Bank Parcel Development Package ("BPDP"). The Little River Ford 11 Mitigation Bank is intended to be used to compensate for unavoidable buffer impacts authorized by permits issued by the North Carolina Division of Water Resources ("NCDWR") and to provide mitigation for nutrient offsets due to development (both existing and proposed) within restricted areas of the Neuse River Basin. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by Wildlands Holdings 111, LLC (the "Bank Sponsor") and NCDWR, including any successor entities or agencies, and may be exercised through the appropriate enforcement agencies of the United States and the State of North Carolina, and that 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 Little River Ford II 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 a 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 set forth below. Further, for the purpose of providing uninterrupted ingress to and egress from the Conservation Easement Area to access Old Route 22 (S.R. 2143), Grantor grants and conveys unto Grantee, its successors and assigns, a perpetual non-exclusive easement for vehicular and pedestrian ingress, egress, and regress to and from the Conservation Easement Area on, over, and across (1) the Property, (2) any other right-of-way appurtenant to the Property, and (3) any other lands owned by Grantor. 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 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 2 5.26.22 TP/MTC DEED B: 6357 P: 549 prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited in the Conservation Easement Area. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Conservation Easement Area except as provided in the MBI and BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the MBI and BPDP is allowable once a year for no more than five consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by the Bank Sponsor and shall not violate any part of Item M of Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation. Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area. 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 3 5.26.22 TP/MTC DEED B: 6357 P: 550 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 land area totaling approximately 1.83 acres within the Property. The Grantor may not further subdivide the Conservation Easement Area, except with the prior written consent of the Grantee. If Grantee grants permission for Grantor to further subdivide any portion of the Conservation Easement Area, with appropriate permission from Grantee, Grantor must provide the Grantee the name, address, and telephone number of new owner(s) of all property within the Conservation Easement Area, if different from Grantor. No subdivision of the Conservation Easement Area shall limit the right of ingress and egress over and across the Property for the purposes set forth herein. Further, in the event of any subdivision of the Property (whether inside or outside of the Conservation Easement Area) provision shall be made to preserve not only Grantee's perpetual rights of access to the Conservation Easement Area, as defined herein, but also Grantee's right of perpetual access to any conservation easements on properties adjacent to the Property which form a part of or are included in the MBI and/or the BPDP or as otherwise acknowledged. Creation of a condominium or any de facto division of the Conservation Easement Area is prohibited. Lot line adjustments or lot consolidation without the prior written consent of the Grantee is prohibited. The Grantor may convey undivided interests in the Conservation Easement Area. The Grantor shall notify the Grantee immediately of the name, address, and telephone number of any grantee of an undivided interest in any property within the Conservation Easement Area. M. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, other than for temporary access for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as described in the MBI and/or 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 5.26.22 TP/MTC DEED B: 6357 P: 551 Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part as provided in Article II, 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 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 the 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 5.26.22 TP/MTC DEED B: 6357 P: 552 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. This 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 6 5.26.22 TPJMTC DEED B: 6357 P: 553 to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Conservation Easement Area unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Conservation Easement Area (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, orwhich would have been used, to calculate a deduction forfederal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement, which, as stated above, include the maintenance and preservation of riparian natural resources in North Carolina or other geographies within North America. I. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Joy K. Martin Jan K. Stephenson PO Box 605 Princeton, NC 27569 To Grantee: Unique Places to Save P0Box 1183 Chapel Hill, NC 27514 To NCDWR: NCDENR — Division of Water Resources 401 & Buffer Permitting Unit 7 5.26.22 TPJMTC DEED B: 6357 P: 554 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 maybe 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 March, 2022, 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. jsignatures to follow) 8 5.26.22 TP/MTC DEED B: 6357 P: 555 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: G(SEAL) Joy . Martin NORTH CAROLI NA COUNTY OF -'!�� Notary Public in and for the County and State aforesaid, do hereby certify that Joy K. Martin, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 2022. i. Notary Public (Stamp or Seal) 1AN RO�s,,. :'�• �OTARy O' AVB LPL My commissions expires: > day of 9 5.26.22 TPJMTC DEED B: 6357 P: 556 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: Ao—1,- G�- (SEAL) J K��Stephenson (f/k/a Jan Kemple Moore) CCU ,�9� (SEAL) Robin Stephe son NORTH CAROLINA COUNTY OF I, I�95<f(r�'�, a Notary Public in and for the County and State aforesaid, do hereby certify that Jan K. Stephenson (f/k/a Jan Kemple Moore) and Robin Stephenson, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. 117 IN WITNE S WHEREOF, I have hereunto set my hand and Notary Seal this the day of 2022. (Stamp or Seal) �,•��5-� 1AN Rp�; o �oTARy '""Olt I lI I000. Notary Public My commission expires: 10 5.26.22 TP/MTC DEED B: 6357 P: 557 IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and sea[, the day and year first above written. GRANTEE: UNIQUE PLACES TO SAVE, a North Carolina non-profit corporation By: (SEAL) NAME a 4 Date: - 1 I �- NORTH CAROLINA COUNTY OF 1, N 1W i t Y) OND , a Notary Public in and for the County and State aforesaid, do Jeff F hereby certify that i 5 Vtt Ir personally appeared before me this day and acknowledged that he is &6(0k 6%YtCfl) ( of _VVtiq A (PSG LU fOkV& non-profit corporation, and that he, as D,`CY GiDV' 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 to l U 2022. Notary PUNIC Dur garb County Notary Public Coes M mmiCsrona Expireses 1 t 2026 My commission expires: 10/(q /Z0Z� 11 DEED B: 6357 P: 558 EXHIBIT A 264700-30-1815 This map is not a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulation and has not been reviewed for compliance with recording requirements for plats. Parcels 17k� Project Parcels Exhibit A - Property W I L D L A N D S Little River Ford II Mitigation Bank Parcel E N c IN E E R i N c 0 150 300 Feet Little River Ford II Mitigation Bank I i i i I Neuse River Basin (03020201) Johnston County, NC 12 5.26.22 TP/MTC DEED B: 6357 P: 559 EXHIBIT B The following conservation easement area is located off of Old Route 22, SR 2143, within the Beulah Township, Johnston County, North Carolina, and being on a portion of that property conveyed to Joy K. Martin and Jan K. Moore, through Deed Book 4076, Page 558 of the Johnston County Register of Deeds (said Registry being the repository of all deeds and plats referenced hereinafter), and being more particularly described as follows (all bearings are grid bearings and all distances are grid distances, with a combined factor of 0.99988803): Conservation Easement Area A-1: BEGINNING AT AN EXISTING 5/8" REBAR WITH A CE CAP (CORNER 1), said rebar being in the common line of Deed Book 4076, Page 558 and Deed Book 4888, Page 758 (Tract Four), and at a corner of an existing conservation easement as shown in Plat Book I , Pages ) through _M, and having North Carolina State Plane Coordinates (2011) of Northing: 671286.46 feet and Easting: 2243527.69 feet; Thence leaving the aforementioned existing conservation easement, with the aforementioned common line, and with the conservation easement area S 03`09'50" E a distance of 189.99 feet to a 5/8" rebar set with a CE cap (Corner 36); Thence leaving the aforesaid common line and continuing with the conservation easement area the following (6) courses and distances: (1) N 89°17'46" W a distance of 16.53 feet to a 5/8" rebar set with a CE cap (Corner 37); (2) N 31°45'27" W a distance of 206.97 feet to a 5/8" rebar set with a CE cap (Corner 38); (3) N 16°00'24" W a distance of 106.33 feet to a 5/8" rebar set with a CE cap (Corner 39); (4) N 08°12'48" W a distance of 267.90 feet to a 5/8" rebar set with a CE cap (Corner 40); (5) N 06°50'58" E a distance of 131.19 feet to a 5/8" rebar set with a CE cap (Corner 41); (6) N 35°03'15" E a distance of 144.87 feet to a 5/8" rebar set with a CE cap (Corner 42), said rebar being in the southern line of the 60 foot wide right of way of Old Route 22, SR 2143; Thence with the aforesaid right of way line and continuing with the conservation easement area the following (2) courses and distances: (1) N 68`15'02" E a distance of 37.32 feet to a 5/8" rebar set with a CE cap (Corner 43); (2) N 68°30'08" E a distance of 91.82 feet to an existing 5/8" rebar with a CE cap (Corner 5), said rebar being at a corner of the aforementioned existing conservation easement; Thence with the aforesaid existing conservation easement, leaving the aforementioned right of way line, and continuing with the conservation easement area the following (4) courses and distances: (1) S 26°22'35" W a distance of 241.72 feet to an existing 5/8" rebar with a CE cap (Corner 4); (2) S 02036'15" W a distance of 112.84 feet to an existing 5/8" rebar with a CE cap (Corner 3); (3) S 09'06'48" E a distance of 266.14 feet to an existing 5/8" rebar with a CE cap (Corner 2); 13 5.26.22 TP/MTC DEED B: 6357 P: 560 END OF DOCUMENT (4) S 30°19'01" E a distance of 67.31 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area A-1 containing a total of 1.83 Acres, being the same more or less. Being all of a conservation easement area containing a total of 1.83 Acres, being the same more or less, according to a plat of survey entitled "A Conservation Easement Survey for Wildlands Engineering, Inc., Little River -Ford Mitigation Bank Parcel", on the property of Joy K. Martin and Jan K. Moore, dated June 15, 2022, Job# 2103031-CE. This description of land was prepared from an actual survey and shown on the aforesaid plat by Kee Mapping and Surveying, PA (License # C-3039) between the dates of 10/28/20 — 02/22/22 and under the supervision of Drew V. Duinkerke , NC PLS (License # L-5010) and shown on a plat of survey as recorded in Plat Book Pages ICJ through L40 of the Johnston County Register of Deeds, to which reference should be made for a more complete description. 14 5.26.22 TP/MTC Filed in JOHNSTON COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 10/10/2022 08:47:40 AM DEED BOOK: 6357 PAGE: 519-531 INSTRUMENT # 2022830439 Real Estate Excise Tax: $45.00 Deputy/Assistant Register of Deeds: Lynn Kirby STATE OF NORTH CAROLINA Gl st TAX . V5. 00 JOHNSTON COUNTY SPO File Number: 51-LA-165 DMS Project Number: 100182 DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made this 5+'' day of M tY , 2022, by Joy Kemple Martin, unmarried, Jan K. Stephenson (f/k/a Jan Kemple Moore) and spouse, Robin Stephenson (collectively "Grantor"), whose mailing address is c/o Joy Kemple Martin, PO Box 605, Princeton, NC 27569 to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations of 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. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seg•, the State of North Carolina has established the Division of Mitigation Services (formerly known as the Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of Environmental Quality (formerly Department of Environment and Natural Resources), for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and NCDMS Full Delivery Conservation Easement Template AG reviewed I I May 2017 �v E Of UCe ,� a +J , r 7 .00 ruU L- r- 00 U4J a, u� L Of 0 cn J LL a>4-J O L -0) J -J 0 +J aJ 4-J (a E m � a, 0u�a, m r C(a c 0 a) L-4-J (04-J �L r } -) 7 r L Vf ca 0 �za, L 'C L }J 0 -J +J�o a, a, r U E a�cL ro aJ '0;: 4-J a) r 4-J a v : EL r 0 4-+ E U V�f Page 1 of 0) DEED B: 6357 P: 520 riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between Wildlands Engineering, Inc. and the North Carolina Department of Environmental Quality, to provide stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of Environment and Natural Resources Purchase and Services Contract Number 0402-09. WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU recognized that the Wetlands Restoration Program was to provide effective compensatory mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring, enhancing and preserving the wetland and riparian areas of the State; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services (formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the Department of Environment and Natural Resources, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of Water Quality, the North Carolina Division of Coastal Management, and the National Marine Fisheries Service entered into an agreement to continue the In -Lieu Fee operations of the North Carolina Department of Natural Resources' Division of Mitigation Services (formerly Ecosystem Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces the previously effective MOA and MOU referenced above; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8th day of February 2000; and WHEREAS, the Division of Mitigation Services in the Department of Environmental Quality (formerly Department of Environment and Natural Resources), which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 2 of 13 DEED B: 6357 P: 521 WHEREAS, Grantor owns in fee simple certain real properties situated, lying, and being in Johnston County, North Carolina (the "Property"), and being more particularly described as that certain parcel of land containing approximately 30.68 acres and being conveyed to the Grantor by deed as recorded in Deed Book 4076 Page 558 of the Johnston County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access over the herein described areas of the Property, thereby restricting and limiting the use of the areas of the Property subject to the Conservation Easement to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights. The Conservation Easement shall be for the protection and benefit of the waters of unnamed tributaries to the Little River. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement and Right of Access together with an access easement to and from the Conservation Easement Area described below. The Conservation Easement Area consists of the following: Total conservation Easement Area containing a total of 1.24 acres as shown on the plat of survey entitled "Conservation Easement Survey for the State of North Carolina Division of Mitigation Services, Little River -Ford, SPO File No. 51-LA-165, DMS Project No. 100182", Property of Joy K. Martin and Jan K. Moore, dated June 15, 2022 prepared by Kee Mapping and Surveying, PA (License # C-3039), and recorded in the Johnston County, North Carolina Register of Deeds -�— at Plat Book e , Pages 12A_ 134. See attached "Exhibit A", Legal Description of area of the Property hereinafter referred to as the "Conservation Easement Area" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and/or riparian resources in the Conservation Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Conservation Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: I. DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 3 of 13 DEED B: 6357 P: 522 II. ACCESS EASEMENT Grantor hereby grants and conveys unto Grantee, its employees, agents, successors and assigns, a perpetual, non-exclusive easement for ingress and egress over and upon the Property at all reasonable times and at such location as practically necessary to access the Conservation Easement Area for the purposes set forth herein ("Access Easement"). This grant of easement shall not vest any rights in the public and shall not be construed as a public dedication of the Access Easement. Grantor covenants, represents and warrants that it is the sole owner of and is seized of the Property in fee simple and has the right to grant and convey this Access Easement. III. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES The Conservation Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Conservation Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey plat. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Conservation Easement Area not inconsistent with this Conservation Easement, and the right of access to the Conservation Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded survey plat and as related to the removal of non-native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Conservation Easement Area is prohibited. NCDMS Full Delivery Conservation Easement Template AG reviewed I 1 May 2017 Page 4 of 13 DEED B: 6357 P: 523 E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Conservation Easement Area. F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Conservation Easement Area. H. Roads and Trails. There shall be no construction or maintenance of new roads, trails, walkways, or paving in the Conservation Easement except within a Crossing Area as shown on the recorded survey plat. All existing roads, trails and crossings within the Conservation Easement Area shall be shown on the recorded survey plat. I. Signs. No signs shall be permitted in the Conservation Easement Area except interpretive signs describing restoration activities and the conservation values of the Conservation Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Conservation Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Conservation Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Conservation Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Conservation Easement Area may temporarily be withdrawn for good cause shown as needed for the survival of livestock on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision, partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the Grantor in fee simple ("fee") that is subject to this Conservation Easement is allowed. Any future transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Conservation Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Conservation Easement Area and are non-transferrable. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 5 of 13 DEED B: 6357 P: 524 O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any intentional introduction of non- native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the Division of Mitigation Services, 1652 Mail Services Center, Raleigh, NC 27699-1652. IV. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees, agents, successors and assigns, shall have a perpetual Right of Access over and upon the Conservation Easement Area to undertake or engage in any activities necessary to construct, maintain, manage, enhance, repair, restore, protect, monitor and inspect the stream, wetland and any other riparian resources in the Conservation Easement Area for the purposes set forth herein or any long-term management plan for the Conservation Easement Area developed pursuant to this Conservation Easement. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in -stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. Conservation Easements are purchased to protect the investments by the State (Grantee) in natural resources. Livestock within conservations easements damages the investment and can result in reductions in natural resource value and mitigation credits which would cause financial harm to the State. Therefore, Landowners (Grantor) with livestock are required to restrict livestock access to the Conservation Easement area. Repeated failure to do so may result in the State (Grantee) repairing or installing livestock exclusion devices (fences) within the conservation area for the purpose of restricting livestock access. In such cases, the landowner (Grantor) must provide access to the State (Grantee) to make repairs. E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s), however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if such repairs are needed as a result of activities of the Grantor, his successors or assigns. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 6 of 13 DEED B: 6357 P: 525 V. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features in the Conservation Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. 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 is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law 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. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Conservation Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. 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 caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. NCDMS Full Delivery Conservation Easement Template AG reviewed I I May 2017 Page 7 of B DEED B: 6357 P: 526 VI. MISCELLANEOUS A. 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 invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. 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. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. 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. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed is subject to the Conservation Easement herein created. E. 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. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if 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 purposes of the Conservation Easement. The owner of the Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any request to void or modify this Conservation Easement. Such notifications and modification requests shall be addressed to: Division of Mitigation Services Program Manager NC State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 and NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 8 of 13 DEED B: 6357 P: 527 General Counsel US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 G. 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. VII. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Conservation Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Conservation Easement Area, and the right of quiet enjoyment of the Conservation Easement Area, TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes, AND Grantor covenants that Grantor is seized of the Property in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 9 of 13 DEED B: 6357 P: 528 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. C!7 IX100Ity � ' � -. (SEAL) Joy Kemple Martin NORTH CAROLII A/ / COUNTY OF jC1%1'1 I, S7�lirl / c' e a Notary Public in and for the County and State aforesaid, do hereby certify that Joy Kemple Martin, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNE S WHEREOF, I have hereunto set my hand and Notary Seal this the S day of C 2022. Notary Public My commission expires: Full Delivery Conservation Easement Template ��\S�\PN.Ro' st s'- u.i AUB�\v`: CO"' AG reviewed I I May 2017 Page l0 of 13 DEED B: 6357 P: 529 GRANTOR: (10-"�- (SEAL) J�K. Stepheson (f/k/a Jan Kemple Moore) (SEAL) Y Robin Stepheson NORTH CAROLINA COUNTY OF Notary Public in and for the County and State aforesaid, do hereby certify that Jan K. Stepheson (f/k/a Jan Kemple Moore) and Robin Stephenson, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNE, S WHEREOF, I have hereunto set my hand and Notary Seal this the , `� day of <:::5c_-z LC/^� , 2022. l Notary Public My commission expires: NCDMS Full Delivery Conservation Easement Template ,, i l II 1111 I f,,,II,,,, �_ROFSSI,, ,o l A R y _ '0UB0 1�v Co AG reviewed I 1 May 2017 Page 11 of 13 DEED B: 6357 P: 530 EXHIBIT A A Conservation Easement fbr The Stute of North Carolina, Division of &,IitFgation Services Utt.le River-!'orCr Site" Property of. joy K. Marti [din K. Moore ore SPO FILE NO. 51-LA-165 DMS SITE ID NO.100182 The following conservation easement area is located off of Old Route 22, SR 2143, in Johnston County, North Carolina, and being on a portion of that property conveyed to Joy K. Martin and Jan K. Moore, through Deed Book 4076, Page 558 of the Johnston County Register of Deeds (said Registry being the repository of all deeds and plats referenced hereinafter), and being more particularly described as follows (all bearings are grid bearings and all distances are grid distances, with a combined factor of 0.99988803): Conservation Easement Area A: BEGINNING AT A 5/8" REBAR SET WITH A CE CAP (CORNER 1), said rebar being in the common line of Deed Book 4076, Page 558 and Deed Book 4888, Page 758 (Tract Four), and having North Carolina State Plane Coordinates (2011) of Northing: 671286.46 feet and Easting: 2243527.69 feet; Thence leaving the aforementioned common line and with the conservation easement area the following (4) courses and distances: (1) N 30°19'01" W a distance of 67.31 feet to a 5/8" rebar set with a CE cap (Corner 2); (2) N 09°06'48" W a distance of 266.14 feet to a 5/8" rebar set with a CE cap (Corner 3); (3) N 02°36'15" E a distance of 112.84 feet to a 5/8" rebar set with a CE cap (Corner 4); (4) N 26°22'35" E a distance of 241.72 feet to a 5/8" rebar set with a CE cap (Corner 5), said point being in the southern line of the 60 foot wide right of way of Old Route 22, SR 2143; Thence with the aforesaid right of way line and continuing with the conservation easement area N 70'41'54" E a distance of 33.39 feet to a 5/8" rebar set with a CE cap (Corner 6), said rebar being in the southern line of the 30 foot wide right of way and easement conveyed to Duke Energy Progress through Deed Book 739, Page 136; Thence leaving the aforementioned right of way line of Old Route 22, SR 2143, with the aforesaid Duke Energy Progress right of way line, and continuing with the conservation easement area the following (2) courses and distances: (1) N 88°57'23" E a distance of 92.74 feet to a 5/8" rebar set with a CE cap (Corner 7); (2) N 88°57'23" E a distance of 10.00 feet to an unmarked point in the center of a ditch; NCDMS Full Delivery Conservation Easement Template AG reviewed 1 I May 2017 Page 12 of 13 DEED B: 6357 P: 531 END OF DOCUMENT Thence leaving the aforementioned Duke Energy Progress right of way line, down and with the centerline of the aforesaid ditch as it meanders, and continuing with the conservation easement area the following (11) courses and distances: (1) S 45°57'39" W a distance of 24.68 feet to an unmarked point; (2) S 30°57'47" W a distance of 22.68 feet to an unmarked point; (3) S 20'46'20" W a distance of 25.14 feet to an unmarked point; (4) S 08'17'50" W a distance of 23.59 feet to an unmarked point; (5) S 24°34'16" W a distance of 59.56 feet to an unmarked point; (6) S 20°55'05" W a distance of 30.51 feet to an unmarked point; (7) S 31°56'50" W a distance of 43.29 feet to an unmarked point; (8) S 34'07'22" W a distance of 67.23 feet to an unmarked point; (9) S 04°55'50" W a distance of 29.04 feet to an unmarked point; (10) S 01-22'02" W a distance of 44.83 feet to an unmarked point; (11) S 08°18'51" E a distance of 26.87 feet to an unmarked point, said point being in the common line of Deed Book 4076, Page 558 and Deed Book 4888, Page 758 (Tract Four); Thence leaving the aforementioned ditch and with the aforesaid common line, and continuing with the conservation easement area the following (2) courses and distances: (1) S 89°35'14" W a distance of 49.73 feet to an existing 1/2" iron rod; (2) S 03°09'50" E a distance of 304.34 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area A containing a total of 1.24 Acres, being the same more or less. Being all of a conservation easement area containing a total of 1.24 Acres, being the same more or less, according to a plat of survey entitled "A Conservation Easement Survey for The State of North Carolina, Division of Mitigation Services, Little River -Ford, SPO File No. 51-LA-165, DMS Site ID No. 100182", on the property of Joy K. Martin and Jan K. Moore, dated June 15, 2022, Job# 2011113-CE. This description of land was prepared from an actual survey and shown on the aforesaid plat by Kee Mapping and Surveying, PA (License # C-3039) between the dates of 10/28/20 — 02/02/22 and under the supervision of Drew V. Duinkerken NC PLS (Lic s # L-5010) and shown on a plat of survey as recorded in Plat Book�q, Pagesia throughof the Johnston County Register of Deeds, to which reference should be made for a more complete description. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 0 of 13 Filed in JOHNSTON COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 10/10/2022 08:47:40 AM DEED BOOK: 6357 PAGE: 532-546 INSTRUMENT # 2022830440 Real Estate Excise Tax: $310.00 Deputy/Assistant Register of Deeds: Lynn Kirby STATE OF NORTH CAROLINA DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED ` nn PURSUANT TO FULL DELIVERY UJV/ T� MITIGATION CONTRACT JOHNSTON COUNTY SPO File Number: 51-LA-166 DMS Project Number: 100182 0 Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration E cm o Ce State Property Office 4J 1321 Mail Service Center o Raleigh, NC 27699-1321 � r- 0 0 IS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made This�Irl day of 6L , 2022, by Susan W. Ford and husband, Brian K. Ford U4J LL m0 _ (collectively "Grantor"), whose mailing address is 888 Weaver Road, Kenly, NC 27542-9272 J v to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, a of Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or v neuter as required by context. m+ v " L. -SeMm r C M WITNESSETH: a 0 o� (0� •� WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State of North Carolina has established the Division of Mitigation Services (formerly known as the Z Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of 'o= i, Environmental Quality (formerly Department of Environment and Natural Resources), for the ''� to purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood V C L prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and + �t r 0 +J NCDMS Full Delivery Conservation Easement Template AG reviewed 1 I May 2017 EU Page I of 15 DEED B: 6357 P: 533 WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between Wildlands Engineering, Inc. and the North Carolina Department of Environmental Quality, to provide stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of Environment and Natural Resources Purchase and Services Contract Number 0402-09. WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU recognized that the Wetlands Restoration Program was to provide effective compensatory mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring, enhancing and preserving the wetland and riparian areas of the State; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services (formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the Department of Environment and Natural Resources, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of Water Quality, the North. Carolina Division of Coastal Management, and the National Marine Fisheries Service entered into an agreement to continue the In -Lieu Fee operations of the North Carolina Department of Natural Resources' Division of Mitigation Services (formerly Ecosystem Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces the previously effective MOA and MOU referenced above; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 81" day of February 2000; and WHEREAS, the Division of Mitigation Services in the Department of Environmental Quality (formerly Department of Environment and Natural Resources), which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and WHEREAS, Grantor owns in fee simple certain real properties situated, lying, and being in Johnston County, North Carolina (the "Property"), and being more particularly described NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 2 of 15 DEED B: 6357 P: 534 as four parcels of land containing a total of approximately 97.29 acres and being conveyed to the Grantor by deed as recorded in Deed Book 4888 Page 758 of the Johnston County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access over the herein described areas of the Property, thereby restricting and limiting the use of the areas of the Property subject to the Conservation Easement to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights. The Conservation Easement shall be for the protection and benefit of the waters of unnamed tributaries to the Little River. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement and Right of Access together with an access easement to and from the Conservation Easement Area described below. The Conservation Easement Area consists of the following: Total conservation Easement Area containing a total of 8.60 acres as shown on the plat of survey entitled "A Conservation Easement Survey for the State of North Carolina Division of Mitigation Services, Little River -Ford, SPO File No. 51-LA-166, DMS Project No. 100182", Property of Susan W. Ford and husband, Brian K. Ford, dated - 15' „Z. prepared by Kee Mapping and Surveying, PA (License # C-3039), and recorded in the Johnston County, North Carolina Register of Deeds at Plat Book , Pages -� See attached "Exhibit A", Legal Description of area of the Property hereinafter referred to as the "Conservation Easement Area" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and/or riparian resources in the Conservation Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Conservation Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: I. DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 3 of 15 DEED B: 6357 P: 535 II. ACCESS EASEMENT Grantor hereby grants and conveys unto Grantee, its employees, agents, successors and assigns, a perpetual, non-exclusive easement for ingress and egress over and upon the Property at all reasonable times and at such location as practically necessary to access the Conservation Easement Area for the purposes set forth herein ("Access Easement"). This grant of easement shall not vest any rights in the public and shall not be construed as a public dedication of the Access Easement. Grantor covenants, represents and warrants that it is the sole owner of and is seized of the Property in fee simple and has the right to grant and convey this Access Easement. III. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES The Conservation Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Conservation Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey plat. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Conservation Easement Area not inconsistent with this Conservation Easement, and the right of access to the Conservation Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded survey plat and as related to the removal of non-native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Conservation Easement Area is prohibited. E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Conservation Easement Area. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 4 of 15 DEED B: 6357 P: 536 F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Conservation Easement Area. H. Roads and Trails. There shall be no construction or maintenance of new roads, trails, walkways, or paving in the Conservation Easement except within a Crossing Area as shown on the recorded survey plat. All existing roads, trails and crossings within the Conservation Easement Area shall be shown on the recorded survey plat. I. Signs. No signs shall be permitted in the Conservation Easement Area except interpretive signs describing restoration activities and the conservation values of the Conservation Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Conservation Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Conservation Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Conservation Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Conservation Easement Area may temporarily be withdrawn for good cause shown as needed for the survival of livestock on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision, partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the Grantor in fee simple ("fee") that is subject to this Conservation Easement is allowed. Any future transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Conservation Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Conservation Easement Area and are non-transferrable. NCDMS Full Delivery Conservation Easement Template AG reviewed I I May 2017 Page 5 of 15 DEED B: 6357 P: 537 O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any intentional introduction of non- native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the Division of Mitigation Services, 1652 Mail Services Center, Raleigh, NC 27699-1652. IV. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees, agents, successors and assigns, shall have a perpetual Right of Access over and upon the Conservation Easement Area to undertake or engage in any activities necessary to construct, maintain, manage, enhance, repair, restore, protect, monitor and inspect the stream, wetland and any other riparian resources in the Conservation Easement Area for the purposes set forth herein or any long-term management plan for the Conservation Easement Area developed pursuant to this Conservation Easement. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in -stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. Conservation Easements are purchased to protect the investments by the State (Grantee) in natural resources. Livestock within conservations easements damages the investment and can result in reductions in natural resource value and mitigation credits which would cause financial harm to the State. Therefore, Landowners (Grantor) with livestock are required to restrict livestock access to the Conservation Easement area. Repeated failure to do so may result in the State (Grantee) repairing or installing livestock exclusion devices (fences) within the conservation area for the purpose of restricting livestock access. In such cases, the landowner (Grantor) must provide access to the State (Grantee) to make repairs. E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s), however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if such repairs are needed as a result of activities of the Grantor, his successors or assigns. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 6 of 15 DEED B: 6357 P: 538 V. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features in the Conservation Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. 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 is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law 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. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Conservation Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. 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 caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. NCDMS Full Delivery Conservation Easement Template AG reviewed I 1 May 2017 Page 7 of 15 DEED B: 6357 P: 539 VI. MISCELLANEOUS A. 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 invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. 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. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. 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. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed is subject to the Conservation Easement herein created. E. 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. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if 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 purposes of the Conservation Easement. The owner of the Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any request to void or modify this Conservation Easement. Such notifications and modification requests shall be addressed to: Division of Mitigation Services Program Manager NC State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 and NCDMS Full Delivery Conservation Easement Template AG reviewed I I May 2017 Page 8 of 15 DEED B: 6357 P: 540 General Counsel US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 G. 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. VII. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Conservation Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Conservation Easement Area, and the right of quiet enjoyment of the Conservation Easement Area, TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes, AND Grantor covenants that Grantor is seized of the Property in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 9 of 15 DEED B: 6357 P: 541 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) (SEAL) Brian K. Ford NORTH CAROLINA COUNTY OF T chn!54-c,;-z I, Af)} , a Notary Public in and for the County and State aforesaid, do hereby certify that Susan W. Ford and husband, Brian K. Ford, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of 0070'60'; 2022. S T E I/ O�ARy Notary Public $�\G PU 0 J�, My commission expires: ••.,tiS7,0N GO.'` 1 NCDMS Full Delivery Conservation Easement Template AG reviewed I 1 May 2017 Page 10 of 15 DEED B: 6357 P: 542 EXHIBIT A A Conservation Easement for The State of North Carolina, Division of Mitigation Services "Little River -Ford Site" Property of. - Susan W. Ford & husband, Brian K. Ford SPO FILE NO.51-LA-166 DMS SITE ID NO. 100182 The following conservation easement area is located off of Old Route 22, SR 2143, in Johnston County, North Carolina, and being on a portion of that property conveyed to Susan W. Ford and husband, Brian K. Ford, through Deed Book 4888, Page 758 (Tract Four) of the Johnston County Register of Deeds (said Registry being the repository of all deeds and plats referenced hereinafter), and being more particularly described as follows (all bearings are grid bearings and all distances are grid distances, with a combined factor of 0.99988803): Conservation Easement Area B: BEGINNING AT A 5/8" REBAR SET WITH A CE CAP (CORNER 1), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Four), and Deed Book 4076, Page 558, and having North Carolina State Plane Coordinates (2011) of Northing: 671286.46 feet and Easting: 2243527.69 feet; Thence with the aforementioned common line and with the conservation easement area the following (2) courses and distances: (1) N 03°09'50" W a distance of 304.34 feet to an existing 1/2" iron rod; (2) N 89°35'14" E a distance of 49.73 feet to an unmarked point in the center of a ditch: Thence down and with the centerline of the aforesaid ditch as it meanders, and continuing with the conservation easement area the following (13) courses and distances: (1) S 09°25'21" E a distance of 68.25 feet to an unmarked point; (2) S 12°20'18" E a distance of 49.38 feet to an unmarked point; (3) S 13°56'12" E a distance of 45.09 feet to an unmarked point; (4) S 03°33'21" E a distance of 38.06 feet to an unmarked point; (5) S 20`59'20" E a distance of 61.87 feet to an unmarked point; (6) S 38°32'14" E a distance of 69.98 feet to an unmarked point; NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 11 of 15 DEED B: 6357 P: 543 (7) S 15°16'16" E a distance of 22.05 feet to an unmarked point; (8) S 34'31'04" E a distance of 38.37 feet to an unmarked point; (9) S 55°10'31" E a distance of 14.19 feet to an unmarked point; (10) S 14°25'11" E a distance of 9.15 feet to an unmarked point; (11) S 50-00'10" E a distance of 19.79 feet to an unmarked point; (12) S 17°53'20" E a distance of 36.40 feet to an unmarked point; (13) S 10°02'13" E a distance of 24.27 feet to an unmarked point; Thence leaving the aforesaid ditch and continuing with the conservation easement area the following (3) courses and distances: (1) S 64°47'39" W a distance of 18.00 feet to a 5/8" rebar set with a CE cap (Corner 8); (2) S 64°47'39" W a distance of 85.93 feet to a 5/8" rebar set with a CE cap (Corner 9); (3) N 30°19'01" W a distance of 221.19 feet to the TRUE POINT OF BEGINNING Being all of that area of land in Conservation Easement Area B containing a total of 1.02 Acres, being the same more or less. The following conservation easement area is located off of Old Route 22, SR 2143, in Johnston County, North Carolina, and being on a portion of that property conveyed to Susan W. Ford and husband, Brian K. Ford, through Deed Book 4888, Page 758 (Tract One) of the Johnston County Register of Deeds (said Registry being the repository of all deeds and plats referenced hereinafter), and being more particularly described as follows (all bearings are grid bearings and all distances are grid distances, with a combined factor of 0.99988803): Conservation Easement Area C: BEGINNING AT A 5/8" REBAR SET WITH A CE CAP (CORNER 10), said rebar being in the common line of Deed Book 4888, Page 758 (Tract One), and Deed Book 4888, Page 758 (Tract Three), and having North Carolina State Plane Coordinates (2011) of Northing: 672277.20 feet and Easting: 2244762.98 feet; Thence leaving the aforementioned common line and with the conservation easement area the following (5) courses and distances: (1) N 05002'13" E a distance of 272.41 feet to a 5/8" rebar set with a CE cap (Corner 11); (2) N 03°53'52" E a distance of 341.52 feet to a 5/8" rebar set with a CE cap (Corner 12); (3) S 89°19'13" E a distance of 112.23 feet to a 5/8" rebar set with a CE cap (Corner 13); NCDMS Full Delivery Conservation Easement Template AG reviewed I I May 2017 Page 12 of 15 DEED B: 6357 P: 544 (4) S 03°05'16" W a distance of 343.80 feet to a 5/8" rebar set with a CE cap (Corner 14); (5) S 04°38'26" W a distance of 269.04 feet to a 5/8" rebar set with a CE cap (Corner 15), said rebar being in the common line of Deed Book 4888, Page 758 (Tract One) and Deed Book 4888, Page 758 (Tract Three); Thence with the aforesaid common line and continuing with the conservation easement area N 89°39'35" W a distance of 119.07 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area C containing a total of 1.63 Acres, being the same more or less. The following conservation easement areas are located off of Old Route 22, SR 2143, in Johnston County, North Carolina, and being on a portion of that property conveyed to Susan W. Ford and husband, Brian K. Ford, through Deed Book 4888, Page 758 (Tract Three) of the Johnston County Register of Deeds (said Registry being the repository of all deeds and plats referenced hereinafter), and being more particularly described as follows (all bearings are grid bearings and all distances are grid distances, with a combined factor of 0.99988803): Conservation Easement Area D: BEGINNING AT A 5/8" REBAR SET WITH A CE CAP (CORNER 15), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Three), and Deed Book 4888, Page 758 (Tract One), and having North Carolina State Plane Coordinates (2011) of Northing: 672276.49 feet and Easting: 2244882.04 feet; Thence leaving the aforementioned common line and with the conservation easement area S 07°58'58" E a distance of 368.70 feet to a 5/8" rebar set with a CE cap (Corner 16), said rebar being in the northern line of the 60 foot wide right of way of Old Route 22, SR 2143; Thence with the aforesaid right way line and continuing with the conservation easement area N 83°11'17" W a distance of 80.26 feet to a 5/8" rebar set with a CE cap (Corner 33); Thence leaving the aforementioned right of way line and continuing with the conservation easement area the following (3) courses and distances: (1) N 07°42'46" W a distance of 262.17 feet to a 5/8" rebar set with a CE cap (Corner 34); (2) N 46°08'47" W a distance of 49.20 feet to a 5/8" rebar set with a CE cap (Corner 35); (3) N 17041'14" W a distance of 65.53 feet to a 5/8" rebar set with a CE cap (Corner 10), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Three) and Deed Book 4888, Page 758 (Tract One); Thence with the aforesaid common line and continuing with the conservation easement area S 89°39'35" E a distance of 119.07 feet to the TRUE POINT OF BEGINNING; NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 0 of 15 DEED B: 6357 P: 545 Being all of that area of land in Conservation Easement Area D containing a total of 0.71 Acre, being the same more or less. Conservation Easement Area E: BEGINNING AT A 5/8" REBAR SET WITH A CE CAP (CORNER 17), said rebar being in the southern line of a 30 foot wide right of way and easement of Duke Energy Progress, and having North Carolina State Plane Coordinates (2011) of Northing: 671819.34 feet and Easting: 2244995.55 feet; Thence leaving the aforementioned right of way line and with the conservation easement area the following (4) courses and distances: (1) S 07°48'12" W a distance of 148.83 feet to a 5/8" rebar set with a CE cap (Corner 18); (2) S 35'56'01" W a distance of 101.72 feet to a 5/8" rebar set with a CE cap (Corner 19); (3) S 00°19'23" W a distance of 233.73 feet to a 5/8" rebar set with a CE cap (Corner 20); (4) S 52°06'06" E a distance of 169.76 feet to a 5/8" rebar set with a CE cap (Corner 21), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Three) and Deed Book 4888, Page 758 (Tract Two); Thence with the aforesaid common line and continuing with the conservation easement area S 01'26'01" W a distance of 446.53 feet to an existing 5/8" rebar with a Kee CE cap (Corner 26); Thence leaving the aforementioned common line and continuing with the conservation easement area the following (6) courses and distances: (1) N 39°01'00" W a distance of 258.52 feet to a 5/8" rebar set with a CE cap (Corner 27); (2) N 00°18'58" E a distance of 107.05 feet to a 5/8" rebar set with a CE cap (Corner 28); (3) N 52°10'19" W a distance of 221.90 feet to a 5/8" rebar set with a CE cap (Corner 29); (4) N 02012'26" W a distance of 399.37 feet to a 5/8" rebar set with a CE cap (Corner 30); (5) N 36°08'36" E a distance of 138.92 feet to a 5/8" rebar set with a CE cap (Corner 31); (6) N 07°39'50" E a distance of 82.56 feet to a 5/8" rebar set with a CE cap (Corner 32), said rebar being in the southern line of a 30 foot wide right of way and easement of Duke Energy Progress; Thence with the aforesaid right of way line and continuing with the conservation easement area S 84°01'08" E a distance of 219.49 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area E containing a total of 4.86 Acres, being the same more or less NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 14 of 15 DEED B: 6357 P: 546 END OF DOCUMENT The following conservation easement area is located off of Old Route 22, SR 2143, in Johnston County, North Carolina, and being on a portion of that property conveyed to Susan W. Ford and husband, Brian K. Ford, through Deed Book 4888, Page 758 (Tract Two) of the Johnston County Register of Deeds (said Registry being the repository of all deeds and plats referenced hereinafter), and being more particularly described as follows (all bearings are grid bearings and all distances are grid distances, with a combined factor of 0.99988803): Conservation Easement Area F: BEGINNING AT A 5/8" REBAR SET WITH A CE CAP (CORNER 21), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Two), and Deed Book 4888, Page 758 (Tract Three), and having North Carolina State Plane Coordinates (2011) of Northing: 671251.51 feet and Easting: 2245048.29 feet; Thence leaving the aforementioned common line and with the conservation easement area the following (5) courses and distances: (1) S 52°06'06" E a distance of 16.43 feet to a 5/8" rebar set with a CE cap (Corner 22); (2) S 23°02'38" E a distance of 74.19 feet to a 5/8" rebar set with a CE cap (Corner 23); (3) S 01°12'22" W a distance of 158.63 feet to a 5/8" rebar set with a CE cap (Corner 24); (4) S 06017'55" W a distance of 210.52 feet to a 5/8" rebar set with a CE cap (Corner 25); (5) S 89036'30" W a distance of 26.74 feet to an existing 5/8" rebar with a Kee CE cap (Corner 26), said rebar being in the common line of Deed Book 4888, Page 758 (Tract Two) and Deed Book 4888, Page 758 (Tract Three); Thence with the aforesaid common line and continuing with the conservation easement area N 01°26'01" E a distance of 446.53 feet to the TRUE POINT OF BEGINNING; Being all of that area of land in Conservation Easement Area F containing a total of 0.38 Acre, being the same more or less Being all of 5 conservation easement areas containing a total of 8.60 Acres, being the same more or less, according to a plat of survey entitled "A Conservation Easement Survey for The State of North Carolina, Division of Mitigation Services, Little River -Ford, SPO File No. 51-LA-166, DMS Site ID No. 100182", on the property of Susan W. Ford and husband, Brian K. Ford, dated June 15, 2022, Job# 2011113-CE. This description of land was prepared from an actual survey and shown on the aforesaid plat by Kee Mapping and Surveying, PA (License # C-3039) between the dates of 10/28/20 — 02/02/22 and under the supervision of Drew V. Duinkerken, NC PLS (License # L-5010) and shown on a plat of survey as recorded in Plat Book° , Pages. through. of the Johnston County Register of Deeds, to which reference should be made for a more complete description. NCDMS Full Delivery Conservation Easement Template AG reviewed I I May 2017 Page 15 of 15