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Home My WebLink About20201095 Ver 1_Double Rock Recorded Plat and Conservation Easements_20221011ID#* 20201095 Select Reviewer: Katie Merritt Initial Review Completed Date 10/11/2022 Mitigation Project Submittal - 10/11/2022 Version* 1 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#:* 20201095 Existing ID# Project Type: Project Name: O Yes O No Email Address:* aeckardt@wildlandseng.com Version:* 1 Existing Version DMS • Mitigation Bank Double Rock Mitigation Site - Stream & Buffer County: Alexander Document Information Mitigation Document Type:* Mitigation Conservation Easement File Upload: Double Rock Recorded Plat and Conservation 1.89MB Easements.pdf Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name: * Andrea Eckardt Signature: * vo L1 'L9 3. �am kt 996>9 Old 6SIZ-9t-GBGC Nid �Lvis3"""adpp��3�"Nnvw 3!N I 3 9U'io3 Uo ago it z a p y�0.¢�FW 0 6.dh.V WWW Z [.9 ? JW N s SsQas ��m w W U� � W t w WY cr7 Re pQ ON (l O g fA Q � O � ��pnd�iY6 ZZ �s 8"_dN ya w Y U zM _ ^o$ c 0 � W L!J W Z tc WQ� u)r� N N SD (%) uj (? N �2 QQ Q .J. W co w w N o M Z y ors ao M o O W Y Q N O O F < m Q Q V /N/ Z L.1� < Lu Q l- W g LU J = COa 0 ; i 0 U (1) Z a co J o N o �0 � ��mo m \JAl� zoo �a�d z�an zimM oob ,T ' N- ( j 3 a o¢mv® y �\ � 3 Coo 01 ,IZ'b!9[ 3,P1, L4.40N ✓�7'i.eL'elL O �i _d (nE7 �!$l c� ' OryhRk �.) W a 3 h f i U� '� M•SF, p✓Lz ii'19'i7• E S i2p W H-H - o y_ Ha M -- oaa rsavni � o� 0 0 . r. �sI 1 d 0 jj� N F gill q Mile§ e a co 10 F t2 J 0 uj C as b y ¢w�3 ffit.; oz z o� i o W ado o�Nn a sr ¢o ca 95. s$ s� N g�a"wBoq�F�oo 8 Y 0 3 ¢Op�w Z�-s�N~04C¢� "t -l�$pda U�F riz2u=i_w 2'gtii¢ aw�F{ _0.1 Type: ESMT Recorded: 10/6/2022 2:36:30 PM Fee Amt: $26.00 Page 1 of 13 Alexander, NC Scott H. Hines Register of Deeds File# BK 656 PG 2234 - 2246 ALEXANDER COUNTY TAX COLLECTOR 10/06/2022 NO DELINQUENT TAXES RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Wildlands Engineering, Inc. 1430 S. Mint St., Suite 104 Charlotte, NC 28203 Attn: Matt Covington EXCISE TAX - $153.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this (Oday of October, 2022 by and between Victoria S. Matheson (a/k/a Vickie S. Matheson), Widow and Perry Allen Walker, Widower ("Grantor") and Unique Places to Save, a North Carolina non-profit corporation ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property comprised of approximately 39.6 acres situated, lying and being in Alexander County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"); WHEREAS, Grantee is a charitable, not -for -profit or educational corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121- 34 et seq., the purposes or powers of which include one or more of the purposes (a) — (d) listed below; 1 submitted electronically by "Martin & Van Hoy, LLP" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Alexander county Register of Deeds. Book: 656 Page: 2234 Page 1 of 13 (a) retaining or protecting natural, scenic, or open -space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open - space use; (c) protecting natural resources; (d) maintaining or enhancing air or water quality. 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: perennial and intermittent streams and riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlands and riparian resources and other natural values of approximately 9.528 acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is a condition of the approval of the Mitigation Banking Instrument (the "Stream MBI") and Mitigation Plan (the "Stream Mitigation Plan")forthe Wildlands Catawba 01 Umbrella Mitigation Bank -- Double Rock Mitigation Site, Department of the Army ("DA") Action ID Number SAW-2020-01532, entitled "Agreement to Establish the Wildlands Catawba 01 Umbrella Mitigation Bank in the Catawba River Basin within the State of North Carolina", entered into by and between Wildlands Holdings VI, LLC (the "Bank Sponsor") and U.S. Army Corps of Engineers, Wilmington District ("Corps"), in consultation with the North Carolina Interagency Review Team ("IRT"). The Double Rock Mitigation Site has been approved by the Corps for use as a mitigation bank to compensate for unavoidable stream and wetland impacts authorized by DA permits. WHEREAS, the restoration, enhancement and preservation of the Conservation EasementArea is also a condition of the approval of the Double Rock and Firestone Riparian Buffer Mitigation Banking Instrument (the "Buffer MBI")and the Buffer Mitigation Plan (the "Buffer Mitigation Plan") for the Double Rock Riparian Buffer and Nutrient Offset Mitigation Bank, North Carolina Division of Water Resources ("NCDWR") Project ID# 2020-1095v2, which Was approved by the NCDWR, and will be made and entered into by and between the Bank Sponsor and NCDWR. The Double Rock Riparian Buffer Site is intended to be used to compensate for riparian buffer and nutrient impacts to surface waters. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the Bank Sponsor, NCDWR and Corps ("Third -Parties," to include 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 rights of enforcement under the NCDWR Project ID# 2020-1095v2 and the DA instrument number SAW-2020-01532, or any permit or certification issued by the Third -Parties. The Bank Sponsor's right of enforcement shall terminate upon close-out and final release of all mitigation credits from the Double Rock Mitigation Site and the Double Rock Riparian Buffer and Nutrient Offset 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 2 Book: 656 Page: 2234 Page 2 of 13 8.30.22 tp/mtc hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity this Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE 11. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development or other activities that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: 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 rights of passage for such purposes are prohibited. 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 in the Conservation Easement Area except as provided in the Stream MBI, the Stream Mitigation Plan, the Buffer MBI, or the Buffer Mitigation Plan. -Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the Stream MBI, the Stream Mitigation Plan, the Buffer MBI, or the Buffer Mitigation Plan is allowable once a year for no more than five consecutive years from the date on page I 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 3 Book: 656 Page: 2234 Page 3 of 13 8.30.22 tp/mtc 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 orwalkways. G. Si na e. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation EasementArea. 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, except to restore natural topography or drainage patterns. For purposes of restoring and enhancing streams and wetlands within the Conservation Easement Area, the Bank Sponsor is allowed to perform grading, filling, and excavation associated with stream and wetland restoration and enhancement activities as described in the Stream Mitigation Plan and authorized by DA Nationwide Permit 27. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the Conservation Easement Area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, orwetlands, 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 the Conservation Easement Area currently consists of one contiguous land area totaling approximately 9.528 acres within the Property. The Grantor may not further subdivide the Conservation Easement Area, except with the prior written consent of the Grantee. If Grantor elects to further subdivide any portion of the Conservation Easement Area, with appropriate permission from the 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 4 Book: 656 Page: 2234 Page 4 of 13 8.30.22 tp/mtc easements on properties adjacent to the Property which form a part of or are included in the Stream MBI, the Stream Mitigation Plan, the Buffer MBI, or the Buffer Mitigation Plan. 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 real property underlying 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 or occasional access by the Bank Sponsor, the Grantee, its employees and agents, successors, assigns, NCDWR, and the Corps for purposes of constructing, maintaining and monitoring the restoration, enhancement and preservation of streams, wetlands and riparian areas within the Conservation Easement Area. The use of mechpnized vehicles for monitoring purposes is limited to only existing roads and trails as shown in the approved Stream MBI, the Stream Mitigation Plan, the Buffer MBI, or Buffer Mitigation Plan. 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, orthe protection of its environmental systems, is prohibited. ARTICLE III. GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in 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, its successors and assigns, including the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of streams, wetlands and riparian areas within the Conservation Easement Area in accordance with the approved Stream MBI, Stream Mitigation Plan, Buffer MBI, and Buffer Mitigation Plan. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the Bank Sponsor, the Corps and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area 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, the Bank Sponsor, and its authorized representatives, successors and assigns, the Corps and NCDWR shall also have the 5 Book: 656 Page: 2234 Page 5 of 13 8.30.22 tp/mtc right to enter and go upon 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, the Corps, NCDWR, and the Bank Sponsor are 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 terms 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 Corps and the NCDWR shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation Easement. The Bank Sponsor's right of enforcement shall terminate upon close out and final release of all mitigation credits from the Double Rock Mitigation Bank Site. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury 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 orthird parties, except Grantor's lessees or invitees; orfrom any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes. ARTICLE VL 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 0 Book: 656 Page: 2234 Page 6 of 13 8.30.22 tp/mtc 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 allpersons. 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 of such transfer at least sixty (60) 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 the Corps. 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 pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The combined Mitigation Banking Instruments: the Stream MBI with the corresponding Stream Mitigation Plan, and the Buffer MBI with the corresponding Buffer Mitigation Plan, and this Conservation Easement 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, exceptthose incurred afterthe date hereof, which are expressly subject and subordinate to the Conservation Easement. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. Grantor is responsible for all long-term management activities associated with fencing. These activities include the maintenance and/or replacement of fence structures to ensure the aquatic resource functions within the boundaries of the Conservation Easement Area are sustained. G. 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. 7 Book: 656 Page: 2234 Page 7 of 13 8.30.22 tp/mtc H. 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. I. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to thefair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. J. 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: Vickie Matheson 1985 Stikeleather Road Hiddenite, NC 28636 To Grantee: Unique Places to Save PO Box 1183 Chapel Hill, NC 27514-1183 To Sank Sponsor: Wildlands Holdings VI, LLC 143 South Mint Street, Suite 104 Charlotte, NC 28203 Attention: Shawn D. Wilkerson Fax: 704-332-3306 To the Corps: US Army Corps of Engineers Wilmington District, Regulatory Division 69 Darlington Avenue Wilmington, NC 28403 To NCOWR: NCDEQ-- Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1601 K. 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 N. Book: 656 Page: 2234 Page 8 of 13 9.30.22 tp/mtc Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. 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 3 of the Stream Mitigation Plan, 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 this report. 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. N. 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 this report, 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 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. IN TESTIMONY WHEREOF, the Grantor and Grantee hereunto set their hands and seals, the day and year first above written. (signatures to follow) p] Book: 656 Page: 2234 Page 9 of 13 8.30.22 tp/mtc GRANTOR: �- -M jJV*tAL) Victoria S. Matheson Dat CQL (SEAL) Perry Allen Walker Date: Z40 - �5 44YO-m%r County, North Carolina I, u". , a Notary Public in and for the County and State aforesaid, do hereby certify that Victoria S. Matheson and Perry Allen Walker, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WIT ESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of 0C .2022. Notary Public (Official Stamp or Seal) My commission expires: Maoklonbusg a~ CauntY �, 11/11111114L10 10 Book: 656 Page: 2234 Page 10 of 13 8.30.22 tp/mtc GRANTEE: UNIQUE PLACES TO SAVE, a North Carolina non-profit corporation By: », .1-1 �- (SEAL) Name: Sf Title: a Data: Z. V.V (AIM ._ County, North Carolina I, a.�,, a Notary Public in and for the County and State aforesaid, do hereby certify that M4.f _ ^ � personally appeared before me this day and acknowledged that he is _jU A,a.IQI) . J*C. of Unique Places to Save, a non-profit corporation, and that he, as ___600CJ. IQcY,P.CIfiv' , 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 _,.U�. _ day of 2022. } r R lic •, Du Cunty l My commission expires: (Official Stamp or Seal) 10 rr 11 Book: 656 Page: 2234 Page 11 of 13 EXHIBIT "A" Parcels 0 Project Parcel 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. Exhibit A - Property W 1 1, D LA N D S Rouble Rock Mitigation Site e N c i nt e e R i N c p 150 3Q0 Peet Catawba Umbrella Mitigation Batik Catawba River Basin (03050103) Alexander County, MC 12 Book: 656 Page: 2234 Page 12 of 13 8.30.22 tp/mtc EXHIBIT "B" Description of Conservation Easement Area for Wildlands Engineering, Inc., Double Rock Mitigation Bank located in Millers Township, Alexander County, North Carolina. All references to the Alexander County Register of Deeds unless otherwise noted. CE "A„ Beginning at a rebar set on the western line of David H. Randell, Trustee of the David H. Randell Declaration of Trust (now or formerly, see Deed Book 335, Pg. 683) and also being the eastern line of Victoria S. Matheson and Perry Allen Walker (now or formerly, see Deed Book 654, Pg. 916), said rebar being located S 70°29'50" E a distance of 1,288.75' from Site Control Point #2 (rebar with plastic cap) having NC Grid Coordinates [NAD83(2011)] N=775,962.59 USft, E=1,379,669.99 USft, and being N 04°42'13" E a distance of 1,614.21' from an existing rebar; thence, from the point of Beginning, with a new line, N 87"35'19" W a distance of 207.75' to a rebar with cap set; thence S 78°55'52" W a distance of 149.71' to a rebar with cap set; thence S 17°40'35" W a distance of 226.54' to a rebar with cap set; thence S 11'19'11" E a distance of 228.13' to a rebar with cap set; thence S 12°33'14" E a distance of 220.75' to a rebar with cap set; thence S 40059'47" E a distance of 150.70' to a rebar with cap set; thence S 45012'57" W a distance of 224.51' to a rebar with cap set; thence N 43°41'47" W a distance of 286.91' to a rebar with cap set; thence N 31 °42'50" E a distance of 196.92' to a rebar with cap set; thence N 10"40'29" W a distance of 111.48' to a rebar with cap set; thence N 26006'00" W a distance of 90.66' to a rebar with cap set; thence N 14°49'35" W a distance of 162.91' to a rebar with cap set; thence N 28"08'35" E a distance of 111.88' to a rebar with cap set; thence S 73023'55" W a distance of 265.12' to a rebar with cap set; thence S 46"21'05" W a distance of 61.22' to a rebar with cap set; thence S 62"21'49" W a distance of 87.40' to a rebar with cap set; thence S 80'11'01" W a distance of 49.15' to a rebar with cap set; thence N 09018'02" E a distance of 150.99' to a rebar with cap set; thence N 62057'30" E a distance of 177.00' to a rebar with cap set; thence N 73"36'24" E a distance of 166.10' to a rebar with cap set; thence N 48050'01" E a distance of 238.08' to a rebar with cap set; thence N 50"04'18" W a distance of 334.22' to a rebar with cap set; thence N 33052'49" W a distance of 161.99' to a rebar with cap set; thence N 35°46'24" E a distance of 167.61' to a rebar with cap set; thence S 42059'05" E a distance of 392.99' to a rebar with cap set; thence S 62043'05" E a distance of 324.72' to a rebar with cap set; thence S 85038'19" E a distance of 145.97' to a rebar with cap set in the common line of Randell and Matheson; thence, with the common line, S 04'42'13" W a distance of 179.45' to the point of Beginning; containing 9.528 acres, more or less, and shown as CE "A" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, entitled "Conservation Easement Plat for Wildlands Engineering, Inc., Double Rock Mitigation Bank" dated September 20, 2022 and recorded in Plat Book iA? , Page o;W of the Alexander County Register of Deeds. 13 Book: 656 Page: 2234 Page 13 of 13 8.30.22 tp/mtc Type: ESMT Recorded: 10/7/2022 8:41:12 AM Fee Amt: $344.00 Page 1 of 16 Revenue Tax: $314.00 Alexander, NC Scott H. Hines Register of Deeds File# BK 656 PG 2279 - 2294 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Wildlandx Engineering, Inc. 1430 S. Mint St., Suite 104 Charlotte, NC 28203 Attn: Matt Covington ALEXANDER COUNTY TAX COLLECTOR 10/06/2022 NO DELINQUENT TAXES SPACL ABOVE THIS LINE FOR RECORDER'S USE EXCISE TAX" $314.00 PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day 28th of September, 2022 by and between Reed Nelson Palmer, Successor Trustee of the David H. Randell Declaration of Trust, u/a dated 6-8-1992 ("Grantor") and Unique places to Save, a North Carolina nonprofit corporation ("Grantee"). The designation Grantor and Grantee as used herein shall Include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns In fee simple certain real property comprised of approximately 48,54 acres situated, lying and being in Alexander County, North Carolina, more particularly described In Exhibit A attached hereto and incorporated herein (the "Property"), WHEREAS, Morgan Randall joins in the execution of this Conservation Easement for the sole reason that Morgan is the beneficiary of the David H. Randell Declaration of Trust, u/a dated 6-9.1992. Morgan's wife, Tanya Lipard Randall joins In the execution of this conservation easement to release any submitted electronically by "Martin & van Hoy, LLP" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Alexander county Register of Deeds. Book: 656 Page: 2279 Page 1 of 16 marital property rights that she may have in the Property; WHEREAS, Grantee is a charitable, not -for -profit or educational corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121- 34 et seq., the purposes or powers of which include one or more of the purposes (a) -- (d) listed below; (a) retaining or protecting natural, scenic, or open -space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open -space use; . (c) protecting natural resources; (d) maintaining or enhancing air or water quality. 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: perennial and intermittent streams and riparian buffers, The purpose of this Conservation Easement is to maintain streams, wetlands and riparian resources and other natural values of approximately 9.805 acres, more or less, and being more particularly described as in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is a condition of the approval of the Mitigation Banking Instrument (the "Stream MBI") and Mitigation Plan (the "Stream Mitigation Plan")forthe Wildlands Catawba 01 Umbrella Mitigation Bank — Double Rock Mitigation Site, Department of the Army ("DA") Action ID Number SAW-2020-01532, entitled "Agreement to Establish the Wildlands Catawba 01 Umbrella Mitigation Bank in the Catawba River Basin within the State of North Carolina", entered into by and between Wildlands Holdings VI, LLC (the `Bank Sponsor"), and the U.S. Army Corps of Engineers, Wilmington District ("Corps"), in consultation with the North Carolina Interagency Review Team ("IRT"). The Double Rock Mitigation Site has been approved by the Corps for use as a mitigation bank to compensate for unavoidable stream and wetland impacts authorized by DA permits. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is also a condition of the approval of the Double Rock and Firestone Riparian Buffer Mitigation Banking Instrument(the "Buffer MBI")and the Buffer Mitigation Plan (the "Buffer Mitigation Plan") forthe Double Rock Riparian Buffer and Nutrient Offset Mitigation Bank, North Carolina Division of Water Resources ("NCDWR") Project ID# 2020-1095v2, which was approved by the NCDWR, and will be made and entered into by and between the Bank Sponsor and NCDWR. The Double Rock Riparian Buffer Site is intended to be used to compensate for riparian buffer and nutrient impacts to surface waters. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the Bank Sponsor, NCDWR and the Corps ("Third -Parties," to include 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 rights of enforcement under the NCDWR Project ID# 2020-1095v2 and the DA instrument number SAW-2020-01532, or any 8.30.22 tp/mtc Book: 656 Page: 2279 Page 2 of 16 permit or certification issued by the Third -Parties. The Bank Sponsor's right of enforcement shall terminate upon close-out and final release of all mitigation credits from the Double Rock Mitigation Site and the Double Rock Riparian Buffer and Nutrient Offset Mitigation Bank. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity this Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE 1. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE ll. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development or other activities that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: 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 rights of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area areprohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the 3 Book: 656 Page: 2279 Page 3 of 16 8.30.22 tp/mtc Stream MBI, the Stream Mitigation Plan, the Buffer MBI, or the Buffer Mitigation Plan. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the Stream MBI, the Stream Mitigation Plan, the Buffer MBI, or the Buffer Mitigation Plan 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 orwalkways. 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 EasementArea. 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, except to restore natural topography or drainage patterns. For purposes of restoring and enhancing streams and wetlands within the Conservation Easement Area, the Bank Sponsor is allowed to perform grading, filling, and excavation associated with stream and wetland restoration and enhancement activities as described in the Mitigation Plan and authorized by DA Nationwide Permit 27. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the Conservation Easement Area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Subdivision. The Grantor and Grantee agree that the Conservation Easement Area currently consists of one contiguous land area totaling approximately 9.805 acres within one legal tax parcel owned by the Grantor. 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, Grantor must provide the Grantee the name, 4 Book: 656 Page: 2279 Page 4 of 16 8.30.22 tp/mtc 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 Stream MBI, the Stream Mitigation Plan, the Buffer MBI, or the Buffer Mitigation Plan. 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 real property underlying 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 hikes, all -terrain vehicles, cars and trucks is prohibited other than for temporary or occasional access by the Bank Sponsor, the Grantee, its employees and agents, successors, assigns, NCDWR, and the Corps for purposes of constructing, maintaining and monitoring the restoration, enhancement and preservation of streams, wetlands and riparian areas within the Conservation Easement Area. The use of mechanized vehicles for monitoring purposes is limited to only existing roads and trails as shown in the approved in the Stream MBI, the Stream Mitigation Plan, the Buffer MBI, or the Buffer Mitigation Plan. N. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III. GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in 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, its successors and assigns, including the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of streams, wetlands and riparian areas within the Conservation Easement Area in accordance with the approved Stream MBI, Stream Mitigation Plan, Buffer MBI, and Buffer Mitigation Plan. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, the following rights in the areas labeled as "Internal Crossing" on the plat entitled "Conservation Easement for Wildlands Engineering, Inc., Double Rock Mitigation Bank (USAGE AID # SAW-2020- 5 Book: 656 Page: 2279 Page 5 of 16 8.30.22 tp/mtc 01532)", dated () C40b r 6and recorded in Plat Book A? at Page ,;?// , Alexander County Registry in the Conservation Easement Area: • Motorized vehicle crossing • Utility crossings to include overhead and buried electrical, water lines and sewer lines • Cattle crossing so long as fencing across a culvert in the Crossing Area prevents cattle access to the stream, or a ford crossing is kept gated and cattle are only present in the stream under supervision while rotating cattle between pastures. • Installation, maintenance, or replacement of a new culvert or ford crossing ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the Bank Sponsor, the Corps and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area 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, the Bank Sponsor, and its authorized representatives, successors and assigns, the Corps and NCDWR shall also have the right to enter and go upon 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, the Corps, NCDWR and the Bank Sponsor are 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 terms 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. Bank Sponsor, the Corps and the NCDWR shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation Easement, The Bank Sponsor's right of enforcement shall terminate upon close out and final release of all mitigation credits from the Double Rock Mitigation Bank Site. 0 Book: 656 Page: 2279 Page 6 of 16 8.30.22 tp/mtc B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury 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 property or harm to the Conservation Easement Area resulting from such causes. ARTICLE VI. MISCELLANEOUS A. Warrant 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. Grantorfurther 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 of such transfer at least sixty (60) 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 the Corps. 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 pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The combined Mitigation Banking Instruments: the Stream MBI with corresponding Stream Mitigation Plan, and the Buffer MBI with corresponding Buffer Mitigation Plan, and this Conservation Easement 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. 7 Book: 656 Page: 2279 Page 7 of 16 8.30.22 tp/mtc 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, except those incurred after the date hereof, which are expressly subject and subordinate to the Conservation Easement. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. Grantor is responsible for all long-term management activities associated with fencing. These activities include the maintenance and/or replacement of fence structures to ensure the aquatic resource functions within the boundaries of the Conservation Easement Area are sustained. G. 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. H. 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. I. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to thefair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. J. 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: Morgan Randall 1407 Stikeleather Road Hiddenite, NC 28636 To Grantee: Unique Places to Save PO Box 1183 Chapel Hill, NC 27514-1183 0 Book: 656 Page: 2279 Page 8 of 16 8.30.22 tp/mtc To Bank Sponsor: Wildlands Holdings VI, LLC 143 South Mint Street, Suite 104 Charlotte, NC 28203 Attention: Shawn D. Wilkerson Fax: 704-332-3306 To the Corps: US Army Corps of Engineers Wilmington District, Regulatory Division 69 Darlington Avenue Wilmington, NC 28403 To NCDWR: NCDEQ— Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1601 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. 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 3 of the Mitigation Plan, 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 this report. 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. N. 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 this report, 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 of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. 0 Book: 656 Page: 2279 Page 9 of 16 8.30,22 tp/mtc TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor and Grantee hereunto set their hands and seals, the day and year first above written. (signatures to follow) 10 Book: 656 Page: 2279 Page 10 of 16 8.30.22 tp/mtc GRANTOR: David H. Randell Declaration of Trust, u/a dated 6-8-1992 Reed Nelson Palmer, Successor Trustee Date: 10 14 d aaA7e. , County, North Carolina I certify that Reed Nelson Palmer, Successor Trustee personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Reed Nelson Palmer, Successor Trustee of the David H. Randell Declaration of Trust, u/a dated 6-8-1992. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 1V day of 0C106o, , 2022. N a Public (Official Stamp or Seal) My commission expires: S- d?J— 24 .0QyG 1 � NOtafV Qub11G Mgckl�npuog County Z 0�?7 k��P 11 Book: 656 Page: 2279 Page 11 of 16 8.30.22 tp/mtc (SEAL) Morgan RanMI, beneficiary of the David H. Randell Dec�Taration of Trust u/a dated 6-8-1992 Date: L61 l , (SEAL) Tonya'L a dell for the purpose of releas' arita property rights Date: [ D [4 G 222 44A.0, County, North Carolina I certify that Morgan Randall and Tonya Lipard Randell personally appeared before me this day, acknowledging to me that they voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Morgan Randell and Tonya Lipard Randell. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of Or, 4obtr--" �, 2022. Not ublic (Official Stamp or Seal) My commission expires: g-A&- ?6 0 NOWY Public Mecklenburg County 10 12 Book: 656 Page: 2279 Page 12 of 16 8.30.22 tp/mtc GRANTEE: UNIQUE PLACES TO SAVE, a North Carolina non-profit corporation By: (SEAL) Name;at Title: o�•� Date:..�— „_ County, North Carolina I, A W tokvi , a Notary Public in and for the County and State aforesaid, do hereby certify that „ti w _ .. �: personally appeared before tree this day and acknowledged that he is . Itt0a 100QGkOI. of Unique Places to Save, a non-profit corporation, and that he, as } 1) 0.00J-._W1YU lief , 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 Z day of 2022. at a avffs Notary ubllc Durham Countyy �� North Car line [) M Commiss#on lgx roa 1 1 2026 Notary Public (Official Stamp or Seal) My commission expires: r10/IR1 - 13 Book: 656 Page: 2279 Page 13 of 16 EXHIBIT "A" I I j Parcels i i 0 Project ParCel I I I i r 3777952360 i i i This map is not a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulations and has not been reviewed for j compliance wish recording requirements for plats, Exhibit A - Property W%WWILDLANDS A Douhle Rock Mitigation Site ENGINEERING 0 150 300 Feet p Catawba Umbrella Mitigation Bank I I I I I 1 Catawba River Basin (03050103) Alexonder County, NC 14 Book: 656 Page: 2279 Page 14 of 16 8.30,22 tp/mtc EXHIBIT "B" Description of Conservation Easement Area for Wildlands Engineering, Inc., Double Rock Mitigation Bank located in Millers Township, Alexander County, North Carolina. All references to the Alexander County Register of Deeds unless otherwise noted. CE "B„ Beginning at a rebar set on the western line of David H. Randell, Trustee of the David H. Randell Declaration of Trust (now or formerly, see Deed Book 335, Pg. 683) and also being the eastern line of Glenn M. Matheson and Vickie S. Matheson (now or formerly, see Deed Book 517, Pg. 1981), said rebar being located S 70°29'50" E a distance of 1,288.75' from Site Control Point #2 (rebar with plastic cap) having NC Grid Coordinates [NAD83(2011)] N=775,962.59 USft, E=1,379,669.99 USft, and being N 04'42'13" E a distance of 1,614.21' from an existing rebar; thence, from the point of Beginning, with the common line, N 04°42'13" E a distance of 179.45' to a rebar with cap set; thence, with a new line, S 85°38'19" E a distance of 40.84' to a rebar with cap set; thence S 89°03'47" E a distance of 242.04' to a rebar with cap set; thence S 86°57'32" E a distance of 50.04' to a rebar with cap set; thence S 86"59'44" E a distance of 94.05' to a rebar with cap set; thence S 03°15'00" W a distance of 87.38' to a rebar with cap set; thence S 86°45'00" E a distance of 25.00' to a rebar with cap set; thence N 03°15'00" E a distance of 87.38' to a rebar with cap set; thence N 88°31'48" E a distance of 242.86' to a rebar with cap set; thence S 76°12'50" E a distance of 396.73' to a rebar with cap set; thence N 61'41'35" E a distance of 94.51' to a rebar with tap set; thence N 09'37'48" W a distance of 336.44' to a rebar with cap set; thence N 16°41'51" E a distance of 208.64' to a rebar with cap set; thence N 03'54'15" W a distance of 154.59' to a rebar with cap set; thence N 02°31'09" W a distance of 50.47' to a rebar with cap set on the southern line of Bryan V. Rogers (now or formerly, see Deed Book 381, Pg. 955); thence, with the Rogers line, S 84°41'08" E a distance of 174.51' to a rebar with cap set; thence, with a new line, S 00°50'06" W a distance of 50.15' to a rebar with cap set; thence S 03°49'00" E a distance of 151.45' to a rebar with cap set; thence S 12°45'51" W a distance of 151.77' to a rebar with cap set; thence S 16`02'03" W a distance of 80.26' to a rebar with cap set; thence S 13°14'50" E a distance of 251.36' to a rebar with cap set; thence S 75°40'17" E a distance of 101.28' to a rebar with cap set, said rebar being a corner of Newton Ray Payne and Michael Lynn Lackey (now or formerly, see Deed Book 602, Pg. 531); thence, with the Payne line, S 05°33'22" E a distance of 363.00' to a rebar with cap set; thence N 88°33'22" W a distance of 159.45' to a rebar with cap set; thence, with a new line, N 22°42'33" W a distance of 138.63' to a rebar with cap set; thence N 88'40'14" W a distance of 353.46' to a rebar with cap set; thence N 79°03'36" W a distance of 324.33' to a rebar with cap set; thence N 88°50'49" W a distance of 256.94' to a rebar with cap set; thence N 88°24'03" W a distance of 50.01' to a rebar with cap set; 15 Book: 656 Page: 2279 Page 15 of 16 8.30.22 tp/mtc thence N 88004'43" W a distance of 295.38' to the point of Beginning; containing 9.805 acres, more or less, and shown as CE "B" on a plat prepared by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, entitled "Conservation Easement Plat for Wildlands Engineering, Inc., Double Rock Mitigation Bank" dated ahbw 6, 2022 and recorded in Plat Book I19 , Page R11 of the Alexander County Register of Deeds. TOGETHER WITH the right to the use of a 14' wide joint, non-exclusive access easement leading from Stikeleather Road along the northern boundary of lands described in Deed Book 542, Page 849, Alexander County Register of Deeds, to the northwestern corner of Property as shown on the above -referenced Plat. 16 Book: 656 Page: 2279 Page 16 of 16 8.30.22 tp/mtc