HomeMy WebLinkAbout20140820 Ver 6_Carraway Bluff Phase II - Materials for Review (NCDWR Project ID#2014-80820 V6)_20230201ID#* 20140820
Select Reviewer:
Katie Merritt
Initial Review Completed Date 02/03/2023
Mitigation Project Submittal - 2/1/2023
Version* 6
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
O Yes O No
Contact Name:* Email Address-*
Christopher Santelle csantelle@res.us
Project Information
ID#:* 20140820 Version:* 6
Existing ID# Existing Version
Project Type: DMS • Mitigation Bank
Project Name: Carraway Bluff Phase 2 Nutrient Offset and
Buffer Mitigation
County: Wayne
Document Information
Mitigation Document Type:*
Mitigation Conservation Easement
File Upload: Carraway Bluff Phase II - Materials for Review
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(NCDWR Project ID#2014-80820 V6).pdf
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Signature
Print Name: * Christopher Santelle
Signature: *
Draft 2023.2.1
PERMANENT CONSERVATION EASEMENT
Excise Tax: $
______________________________________________________________________
Parcel Identifier No.: PIN 2597458424
______________________________________________________________________
Prepared by and return after recording to: EBX, c/o Stephen Colomb, 6575 West Loop
South, Suite 300, Bellaire, TX 77401
______________________________________________________________________
Brief description for the Index: 34.006 (+/-) acre Conservation Easement in
Wayne County, NC
THIS CONSERVATION EASEMENT (“Conservation Easement”) made this
____ day of ____________________, 2023 by and between Environmental Banc &
Exchange, LLC, a Maryland limited liability company, whose mailing address is 6575
West Loop South, Suite 300, Bellaire, TX 77401 (“Grantor”) and Colonel Land, LLC, a
Delaware limited liability company, whose mailing address is 6575 West Loop South,
Suite 300, Bellaire, TX 77401 (“Grantee”).
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine,
feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Wayne County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein (the “Property”);
Draft 2023.2.1
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: riparian buffers. The purpose of this Conservation Easement is
to maintain streams, wetlands and riparian resources and other natural values of
approximately 34.006 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 also a condition of the approval of the RES 2022 Phase II Neuse
Riparian Buffer and Nutrient Offset Umbrella Mitigation Banking Instrument (“UMBI”),
North Carolina Division of Water Resources (“NCDWR”) Project ID# 2021-0306 version
2, and Bank Parcel Development Package (“BPDP”) for the RES Carraway Bluff Phase II
Riparian Buffer and Nutrient Offset Mitigation Project, NCDWR Project ID# 2014-0820
V6, which was approved by the NCDWR, and will be made and entered into by and
between Environmental Banc & Exchange, LLC (“EBX”), acting as the Bank Sponsor
(“Bank Sponsor”), and the NCDWR. The RES Carraway Bluff Phase II Riparian Buffer
and Nutrient Offset 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 and the NCDWR (“Third-Parties”) and may be
exercised through the appropriate enforcement agency of the State of North Carolina,
and that these rights are in addition to, and do not limit, the rights of enforcement
under the NC DWR Project ID# 2021-0306 version 2, or any permit or certification
issued by the Third-Parties.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal
Draft 2023.2.1
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 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 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 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.
Draft 2023.2.1
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 BPDP. Mowing of invasive and herbaceous
vegetation for purposes of enhancing planted or volunteer trees and shrubs approved
in the 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 L 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, except to restore natural topography or
drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or
alteration of the restored, enhanced, or created drainage patterns. In addition,
diverting or causing or permitting the diversion of surface or underground water into,
within or out of the easement area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
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.
Draft 2023.2.1
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited other than for
temporary or occasional access by the Grantee and the Third-Parties, and their
employees and agents, successors, and assigns for purposes of constructing, maintaining,
and monitoring the restoration, enhancement and preservation of riparian areas within
the Conservation Easement Area.
M. 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 RESERVED 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, 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 EBX acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of riparian areas within the Conservation Easement Area in
accordance with the approved BPDP, and the UMBI described in the Recitals of this
Conservation Easement.
ARTICLE IV.
GRANTEE’S RIGHTS
The Grantee or its authorized representatives, successors and assigns and the
Third-Parties, 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 and its authorized representatives, successors and assigns and
the Third-Parties 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.
Draft 2023.2.1
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, and the Third-
Parties are allowed to prevent any activity on or use of the Conservation Easement
Area that is inconsistent with the purposes of this 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 Third-
Parties shall have the same rights and privileges as the said Grantee to enforce the
terms and conditions of this Conservation easement.
B. No failure on the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition,
or provision hereof or affect the right to Grantee to enforce the same in the event of
a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury 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.
Draft 2023.2.1
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 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 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 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 UMBI with corresponding BPDP,
and this Conservation Easement sets forth the entire agreement of the parties with
respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement. If
any provision is found to be void or unenforceable by a court of competent jurisdiction,
the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the
Property free of any liens or other encumbrances for obligations incurred by Grantor.
Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to
Draft 2023.2.1
comply with federal, state or local laws, regulations and permits that may apply to the
exercise of the Reserved Rights.
F. Long-Term Management. If livestock operations will be maintained on the
property, Grantor is responsible for all long-term management activities associated
with fencing, if and where applicable, to ensure livestock do not have access to the
Conservation Easement Area. These activities include the maintenance and/or
replacement of fence structures, as deemed necessary by the Grantee, to ensure the
aquatic resource functions within the boundaries of the Protected Property 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 the fair
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:
Environmental Banc & Exchange, LLC
6575 West Loop South
Suite 300
Bellaire, TX 77401
To Grantee:
Colonel Land, LLC
6575 West Loop South
Suite 300
Draft 2023.2.1
Bellaire, TX 77401
To Sponsor:
Environmental Banc & Exchange, LLC
6575 West Loop South, Suite 300
Bellaire, TX 77401
To NCDEQ -DWR:
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
2 of the BPDP, prepared by Bank Sponsor 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.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
[SIGNATURE PAGES TO FOLLOW]
Draft 2023.2.1
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the
day and year first above written.
GRANTOR:
Environmental Banc & Exchange, LLC,
a Maryland limited liability company
By: Resource Environmental Solutions, LLC
a Louisiana limited liability company,
its Manager
By: _____________________________
Name: __________________________
Title: ___________________________
STATE OF ___________________
COUNTY OF _________________
I, a Notary Public of the State and County aforesaid, do hereby certify that
_____________________________ personally appeared before me this day and acknowledged
that he/she is the ____________________ of Resource Environmental Solutions, LLC, a Louisiana
limited liability company, manager of Environmental Banc & Exchange, LLC, a Maryland limited
liability company, and that by authority duly given, and as the act of the Grantor, he/she signed
the foregoing Easement in its name, on its behalf and as its act and deed for the purposes stated
herein.
IN WITNESS, WHEREOF, I have hereunto set my hand and Notary Seal this the ___ day of
___________________, 2023.
____________________________________
Signature of Notary Public
[SEAL] ____________________________________
Printed Name of Notary Public
My commission expires: ________________
Draft 2023.2.1
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the
day and year first above written.
GRANTEE:
Colonel Land, LLC
a Delaware limited liability company
By: ____________________________
Name: _________________________
Title: ___________________________
STATE OF ___________________
COUNTY OF _________________
I, _____________________________, a Notary Public in and for the County and State
aforesaid, do hereby certify that _________________________ personally appeared before me
this day and acknowledged that he/she is the _________________________ of Colonel Land,
LLC, a Delaware limited liability company, and that by authority duly given, and as the act of the
Grantee, he/she signed the foregoing instrument in its name, on its behalf and as its act and
deed for the purposes stated herein.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the ___ day of
___________________, 2023.
________________________________
Signature of Notary Public
[SEAL] ________________________________
Printed Name of Notary Public
My commission expires: ____________
Draft 2023.2.1
EXHIBIT A
Legal Description of the Property
BEING that 89.31 acres, more or less, tract or parcel of real property situated in Wayne County,
North Carolina, located at Genoa Rd, Dudley, NC 28333, being identified by the PIN number
2597458424, and more particularly described in a deed recorded in Book 3775, Page 700 of the
Wayne County Registry, North Carolina.
Draft 2023.2.1
EXHIBIT B
Conservation Easement Area
BEING THOSE AREAS CONTAINING A COMBINED TOTAL OF 34.006 ACRES, AS SHOWN ON A
PLAT OF SURVEY ENTITLED “CONSERVATION EASEMENT SURVEY, CARRAWAY BLUFF PHASE II
RIPARIAN BUFFER AND NUTRIENT OFFSET PROJECT”, (OWNER) ENVIRONMENTAL BANC &
EXCHANGE, LLC, ASCENSION LAND SURVEYING, P.C., NC FIRM LICENSE: C-4288, NC PLS LICENSE:
L-5008, DRAWN BY: C. COLE, DATE OF FIELDWORK 4/15/2021, JOB 20-02-11, AND RECORDED
IN THE WAYNE COUNTY, NORTH CAROLINA REGISTER OF DEEDS AT PLAT BOOK _____, AT PAGE
_____ (THE “SURVEY”), AND BEING FURTHER DESCRIBED AS FOLLOWS:
CONSERVATION EASEMENT “A”
148,114 S.F. +/- 3.400 AC.
BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S-02-27-03-E 147.84’ TO A #4 REBAR; THENCE S-85-32-45-W 75.51’
TO A #4 REBAR; THENCE S-44-14-33-W 103.09’ TO A #4 REBAR; THENCE S-25-05-01-W 134.66’
TO A #4 REBAR; THENCE S-06-30-22-W 65.60’ TO A #4 REBAR; THENCE S-35-47-47-W 475.58’
TO A #4 REBAR; THENCE S-85-36-06-W 139.08’ TO A #4 REBAR; THENCE N-35-32-04-E 413.87’
TO A #4 REBAR; THENCE N-19-10-55-E 322.54’ TO A #4 REBAR; THENCE N-83-28-50-W 162.88’
TO A #4 REBAR; THENCE N-34-20-00-E 140.01’ TO A #4 REBAR; THENCE N-84-21-31-E 360.33’
TOTHE POINT AND PLACE OF BEGINNING.
CONSERVATION EASEMENT “B”
76,582 S.F. +/- 1.758 AC.
BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S-35-32-04-W 455.73’ TO A #4 REBAR; THENCE S-85-36-06-W
193.71’ TO A #4 REBAR; THENCE N-35-17-10-E 565.86’ TO A #4 REBAR; THENCE S-59-50-35-E
151.65’TO THE POINT AND PLACE OF BEGINNING.
CONSERVATION EASEMENT “C”
25,720 S.F. +/- 0.590 AC.
BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S-59-26-41-W 196.46’ TO A #4 REBAR; THENCE S-84-06-54-W
170.75’ TO A #4 REBAR; THENCE N-34-50-59-E 163.82’ TO A #4 REBAR; THENCE S-89-00-55-E
221.94’ TO A #4 REBAR; THENCE S-60-36-58-E 26.99’ TO THE POINT AND PLACE OF
BEGINNING.
Draft 2023.2.1
CONSERVATION EASEMENT “D”
234,716 S.F. +/- 5.388AC.
BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S-35-04-12-W 1206.38’ TO A #4 REBAR; THENCE N-88-21-25-W
236.32’ TO A #4 REBAR; THENCE N-35-03-24-E 1171.90’ TO A #4 REBAR; THENCE N-85-15-02-E
257.14’ TO THE POINT AND PLACE OF BEGINNING.
CONSERVATION EASEMENT “E”
189,801 S.F. +/- 4.357 AC.
BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S-02-28-33-E 766.04’ TO A #4 REBAR; THENCE S-46-33-17-W 64.79’
TO A #4 REBAR; THENCE S-62-31-40-W 79.57’ TO A #4 REBAR; THENCE S-72-28-28-W 60.89’ TO
A #4 REBAR; THENCE S-89-07-44-W 723.84’ TO A #4 REBAR; THENCE N-35-02-44-E 175.62’ TO A
#4 REBAR; THENCE N-88-33-05-E 684.52’ TO A #4 REBAR; THENCE N-05-49-30-E 146.51’ TO A #4
REBAR; THENCE N-09-46-41-W 246.19’ TO A #4 REBAR; THENCE N-03-32-09-E 271.68’ TO A #4
REBAR; THENCE N-58-49-24-E 106.84’ TO THE POINT AND PLACE OF BEGINNING.
CONSERVATION EASEMENT “F”
196,956 S.F. +/- 4.513 AC.
BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S-25-03-12-E 71.71’ TO A #4 REBAR; THENCE S-48-14-24-E 81.46’
TO A #4 REBAR; THENCE S-10-22-33-W 156.64’ TO A #4 REBAR; THENCE S-31-51-58-E 94.54’ TO
A #4 REBAR; THENCE S-09-03-59-W 206.57’ TO A #4 REBAR; THENCE S-83-53-04-W 84.60’ TO A
#4 REBAR; THENCE S-48-39-47-W 490.56’ TO A #4 REBAR; THENCE S-80-13-46-E 163.80’ TO A #4
REBAR; THENCE S-59-30-02-E 38.46’ TO A CALCULATED POINT; THENCE S-02-13-13-E 13.71’ TO
A CALCULATED POINT; THENCE S-54-24-19-W 49.23’ TO A CALCUALTED POINT; THENCE S-20-
30-07-E 9.02’ TO A CALCULATED POINT; THENCE S-44-32-41-W 62.72’ TO A #4 REBAR; THENCE
N-74-51-20-W 232.15 TO A #4 REBAR; THENCE N-14-37-14-E 214.87’ TO A #4 REBAR; THENCE S-
81-03-41-E 56.22’ TO A #4 REBAR; THENCE N-44-35-03-E 389.97’ TO A #4 REBAR; THENCE N-71-
49-30-E 114.97’ TO A #4 REBAR; THENCE N-06-45-13-E 72.35’ TO A #4 REBAR; THENCE N-24-17-
00-W 119.00’ TO A #4 REBAR; THENCE N-07-07-18-E 123.40’ TO A #4 REBAR; THENCE N-39-01-
45-W 47.03’ TO A #4 REBAR; THENCE S-71-52-36-W 136.83’ TO A #4 REBAR; THENCE S-89-23-
10-W 437.66’ TO A #4 REBAR; THENCE N-14-06-47-E 106.67’ TO A #4 REBAR; THENCE N-89-04-
33-E 404.07’ TO A #4 REBAR; THENCE N-72-18-20-E 190.70’ TO THE POINT AND PLACE OF
BEGINNING.
CONSERVATION EASEMENT “G”
526,956 S.F. +/- 12.097 AC.
BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S-14-51-00-W 139.57 TO A #4 REBAR; THENCE S-74-26-19-E 159.62
Draft 2023.2.1
TO A #4 REBAR; THENCE S-40-39-11-E 110.91’ TO A #4 REBAR; THENCE S-11-01-43-E 82.45’ TO
A #4 REBAR; THENCE S-08-36-54-W 70.47’ TO A #4 REBAR; THENCE N-77-08-06-W 291.84’ TO A
#4 REBAR; THENCE S-14-37-26-W 357.31’ TO A #4 REBAR; THENCE N-83-29-28-W 174.91’ TO A
#4 REBAR; THENCE S-42-50-17-W 71.31’ TO A #4 REBAR; THENCE N-46-33-32-W 34.17’ TO A #4
REBAR; THENCE S-48-12-40-W 91.79’ TO A #4 REBAR; THENCE N-82-32-55-W 286.21’ TO A #4
REBAR; THENCE S-80-50-15-W 143.79’ TO A #4 REBAR; THENCE N-30-46-56-W 282.66’ TO A #4
REBAR; THENCE N-39-08-56-E 87.32’ TO A #4 REBAR; THENCE N-54-16-23-E 136.73’ TO A #4
REBAR; THENCE N-77-10-06-E 167.39’ TO A #4 REBAR; THENCE S-84-49-18-E 225.82’ TO A #4
REBAR; THENCE N-14-29-11-E 344.79’ TO A #4 REBAR; THENCE N-88-54-17-E 424.79 TO THE
POINT AND PLACE OF BEGINNING.
CONSERVATION EASEMENT “H”
28,455 S.F. +/- 0.653 AC.
BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S-14-36-33-W 105.46 TO A #4 REBAR; THENCE S-88-46-24-W
299.92’ TO A #4 REBAR; THENCE N-35-01-46-E 129.15’ TO A #4 REBAR; THENCE N-89-23-02-E
252.33’ TO THE POINT AND PLACE OF BEGINNING.
CONSERVATION EASEMENT “I”
54,008 S.F. +/- 1.240 AC.
BEGINNING AT A #4 REBAR AND BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S-35-00-58-W 537.86’ TO A #4 REBAR; THENCE S-75-02-33-W
152.00’ TO A #4 REBAR; THENCE N-35-16-49-E 585.17’; THENCE N-89-00-19-E 117.51’ TO THE
POINT AND PLACE OF BEGINNING.
TOGETHER WITH RIGHTS OF ACCESS OVER, ACROSS, AND THROUGH THE PROPERTY FOR THE
PURPOSES OF GRANTEE AND THE THIRD-PARTIES ACCESSING THE CONSERVATION EASEMENT
AREA AND FULFILLING THEIR RIGHTS AND OBLIGATIONS UNDER THIS CONSERVATION
EASEMENT.
TB
TB
TBTB
TB
TB
TB
TB
TBTB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB TB
TB
TB
TB
T
B
TB
T
B
TB
TB
TB
TB
TB
TB
TB
T
B
TB
T
B
TB
TB
TB
TB
TB
TB
TB
TB
TB
T
B
TB
T
B
T
B
TB
TB
TBTBTBTB
TB TB TB TB
TB
TB
T
B
TB
T
B
TB
T
B
TB
TB
TB
T
B
TB
T
B
T
B
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB TB TB
TBTBTB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TBTB
TB TBTB
TB TBTB
TB
TB
TB
TB
TB
TB
TB
TB
TB TB
TB
TB
T
B
TB
TB
TB
T
B
TB
TB
T
B
TB
T
B
TB
TB
TB
T
B
T
B
T
B
TB
T
B
TB
T
B
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
TB
NOW OR FORMERLY
CASE FARMS OF NC
PIN: 2597851949
DB 1663 PG 730
PB J PG 312
NOW OR FORMERLY
CASE FARMS PROCESSING
PIN: 2597643114
DB 3341 PG 310
PB O PG 74-H
NOW OR FORMERLY
G & E SMITH AND SONS
PIN: 2597359467
DB 2899 PG 571
NOW OR FORMERLY
G & E SMITH AND SONS
PIN: 2597359467
DB 2899 PG 571
NEUSE RIVER
CAR
R
A
W
A
Y
C
R
E
E
K
CA
R
R
A
W
A
Y
C
R
E
E
K
CONSERVATION EASEMENT
"A"
148,114 S.F.
+/-3.400 AC.
CONSERVATION EASEMENT
"B"
76,582 S.F.
+/-1.758 AC.
CONSERVATION EASEMENT
"C"
25,720 S.F.
+/-0.590 AC.
CONSERVATION EASEMENT
"D"
234,716 S.F.
+/-5.388 AC.
CONSERVATION EASEMENT
"F"
196,956 S.F.
+/-4.513 AC.
CONSERVATION EASEMENT
"G"
526,956 S.F.
+/-12.097 AC.
SO
I
L
R
O
A
D
AC
C
E
S
S
T
O
"G
E
N
O
A
R
O
A
D
"
EXISTING FORCEMAIN
(FIELD LOCATED)
N2
8
°
0
1
'
2
4
"
E
2
4
6
.
8
2
'
TIE
L
I
N
E
TIE LINE
T
I
E
L
I
N
E
TIE
L
I
N
E
TIE
L
I
N
E
NOW OR FORMERLY
ENVIRONMENTAL
BANC & EXCHANGE
PIN: 2597458424
DB 3775 PG 500
PB P PG 72-D
CONSERVATION EASEMENT
"E"
189,801 S.F.
+/-4.357 AC.
DM
S
CONSERVATION EASEMENT
"H"
28,455 S.F.
+/-0.653 AC.
CONSERVATION EASEMENT
"I"
54,008 S.F.
+/-1.240 AC.
CP
CP
N84°21'31"E 36
0
.
3
3
'
S3
5
°
4
7
'
4
7
"
W
4
7
5
.
5
8
'
N3
5
°
3
2
'
0
4
"
E
4
1
3
.
8
7
'
N1
9
°
1
0
'
5
5
"
E
3
2
2
.
5
4
'
S3
5
°
3
2
'
0
4
"
W
4
5
5
.
7
3
'
S0
2
°
2
8
'
3
3
"
E
7
6
6
.
0
4
'
S89°07'44"W 723.84'
N88°33'05"E 684.52'
S3
5
°
0
4
'
1
2
"
W
1
2
0
6
.
3
8
'
N89°04'33"E 404.07'
S48
°
3
9
'
4
7
"
W
4
9
0
.
5
6
'
N44
°
3
5
'
0
3
"
E
3
8
9
.
9
7
'
S1
4
°
3
7
'
2
6
"
W
3
5
7
.
3
1
'
N1
4
°
2
9
'
1
1
"
E
3
4
4
.
7
9
'
N88°54'17"E 424.79'
S3
5
°
0
0
'
5
8
"
W
5
3
7
.
8
6
'
N3
5
°
1
6
'
4
9
"
E
5
8
5
.
1
7
'
S0
2
°
2
7
'
0
3
"
E
S5
9
°
5
0
'
3
5
"
E
S85°36'06"W
N3
5
°
1
7
'
1
0
"
E
5
6
5
.
8
6
'
14
7
.
8
4
'
193.71'
15
1
.
6
5
'
N
0
9
°
4
6
'
4
1
"
W
N0
3
°
3
2
'
0
9
"
E
N85°15'02"E
N88°21'25"W
236.32'
257.14'
2
4
6
.
1
9
'
27
1
.
6
8
'
N72°18
'
2
0
"
E
S0
9
°
0
3
'
5
9
"
W
N1
4
°
3
7
'
1
4
"
E
S81°03'4
1
"
E
S89°23'10"W 437.66'
190.70
'
20
6
.
5
7
'
21
4
.
8
7
'
56.22'
N83°29'28"W
N82°32'55"
W
N
3
0
°
4
6
'
5
6
"
W
N77°10'0
6
"
E
S84°49'18"E
N77°0
8
'
0
6
"
W
291.8
4
'
174.91'
286.21'
2
8
2
.
6
6
'
167.39'
225.82'
S88°46'24"W
299.92'
L1
L2
L3
L4
L5
L6
L7
L8
L10
L11
L1
2
L9
L13
L14
L15
L16
L1
7
L1
8
N3
5
°
0
3
'
2
4
"
E
1
1
7
1
.
9
0
'
L
1
9
L
2
0
L2
1
L
2
2
L23
L24
L2
5
L2
6
L27
L
2
8
L29
L30
L3
1
L
3
2
L3
3
L
3
4
L35L3
6
L3
7
L38
L
3
9
L
4
0
L4
1
L42
L
4
3
L44
L45
L46
L47
L48
L49
L50
L5
1L5
2
N46
°
1
5
'
1
9
"
E
2
5
6
.
0
3
'
S
2
6
°
5
5
'
5
1
"
E
3
4
0
.
4
7
'
T
I
E
L
I
N
E
L
5
4
L55
L56
L57
TIE LI
N
E
L
5
9
T
I
E
L
I
N
E
TIE
L
I
N
E
L6
0
S44
°
3
2
'
4
1
"
W
4
3
3
.
3
3
'
IRON ROD IN
SAND ROAD
(FOUND)
+/-1' DEEP
IRON ROD IN
SAND ROAD
(FOUND)
+/-1' DEEP
REBAR (FOUND)
+/-3' SOUTHEAST
OF A BARBED
WIRE FENCE
N
4
5
°
2
8
'
0
8
"
W
5
5
6
.
5
8
'
S45
°
2
2
'
5
3
"
W
4
7
3
.
5
0
'
N
3
0
°
4
7
'
2
8
"
W
7
8
6
.
1
3
'
IRON PIPE
(FOUND)
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
L25
L26
L27
L28
L29
L30
L31
L32
L33
L34
L35
L36
L37
L38
L39
L40
L41
L42
L43
L44
L45
L46
L47
L48
L49
L50
L51
L52
L54
L55
L56
L57
L59
L60
END OF INFORMATION
FORCEMAIN TOO DEEP TO
DELINEATE
CA
R
R
A
W
A
Y
C
R
E
E
K
FORCEMAIN EASEMENT
(PER DB 1704 PG 712)
N74°5
1
'
2
0
"
W
232.
1
5
'
NOW OR FORMERLY
ENVIRONMENTAL
BANC & EXCHANGE
PIN: 2597458424
DB 3775 PG 500
PB P PG 72-D
NOW OR FORMERLY
ENVIRONMENTAL
BANC & EXCHANGE
PIN: 2597458424
DB 3775 PG 500
PB P PG 72-D
Ascension Land
Surveying P.C.
Professional Land Surveying & Consulting
116 Williams Road, Mocksville, NC 27028
Phone: (704) 579-7197 Email: surveyor.chris007@gmail.com
NC FIRM LICENSE: C-4288 NC PLS LICENSE: L-5008
DRAWN BY: C. COLE
SURVEYED BY: J. HELMLY
CHECKED BY: K. COLE
BOOK # 19 1"=200'
SCALE
4/15/2021
DATE OF FIELDWORK
1 OF 1
SHEET #
20-02-11
JOB
BA
S
I
S
O
F
B
E
A
R
I
N
G
S
:
NA
D
8
3
/
2
0
1
1
CONSERVATION EASEMENT SURVEY
"CARRAWAY BLUFF PHASE 11 RIPARIAN BUFFER AND
NUTRIENT OFFSET PROJECT
(OWNER)ENVIRONMENTAL BANC & EXCHANGE
WAYNE COUNTY, NC
NOTES:
1) BASIS OF BEARINGS: NCGS GRID COORDINATES,
NAD 83/2011 DATUM.
2) FIELD WORK COMPLETED ON 4/15/2021.
3) ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN
U.S. SURVEY FEET UNLESS OTHERWISE NOTED.
4) THE AREAS SHOWN HEREON WERE COMPUTED USING THE
COORDINATE COMPUTATION METHOD.
5)LINES NOT SURVEYED ARE SHOWN AS BROKEN LINES FROM
INFORMATION REFERENCED ON THE FACE OF THIS PLAT.
6)PROPERTY SUBJECT TO ALL EASEMENTS AND
RESTRICTIONS OF RECORD.
7) TRAVERSE ADJUSTMENT: COMPASS RULE
8) THERE IS NOT EVIDENCE OF EARTH-WORK ON THE
SUBJECT PROPERTY.
9) BOUNDARY LINES THAT FOLLOW WATER FEATURES SUCH
AS CREEKS ARE SUBJECT TO CHANGE DUE TO NATURAL
CHANGES IN THE ALIGNMENT OF THE CREEK DUE TO
AVULSION, RELICTION, EROSION AND OTHER NATURAL
CHANGES AND THAT IT MAY OR MAY NOT REPRESENT THE
ACTUAL LOCATION OF THE LIMIT OF TITLE.
THIS SURVEY DOES NOT REPRESENT A COMPLETE BOUNDARY
SURVEY OF ANY TRACT SHOWN HEREON. THE INFORMATION
SHOWN ON THE FACE OF THIS PLAT WAS DERIVED FROM
EVIDENCE LOCATED IN THE FIELD ALONG WITH SUPPORTING
TITLE DOCUMENTS PROVIDED BY INVESTORS TITLE
INSURANCE COMPANY. THIS SURVEY DOES NOT CHANGE OR
ALTER ANY BOUNDARY LINES.
LEGEND
PROPERTY CORNER
PROPERTY LINE (SURVEYED)
PROPERTY LINE (NOT SURVEYED)
RIGHT OF WAY
PL
PL
RW
CONSERVATION EASEMENT "A"
#4 REBAR (FOUND)
CERTIFICATE OF SURVEY AND ACCURACY
"I, CHRISTOPHER L. COLE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED
DESCRIPTION RECORDED IN BOOK 3775, PAGE 700 ; THAT THE BOUNDARIES
NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION
FOUND IN BOOK (AS SHOWN), PAGE (AS SHOWN); THAT THE RATIO OF
PRECISION OR POSITIONAL ACCURACY AS CALCULATED IS 1: 15,000; THAT
THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED
AND 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;
(1)CLASS OF SURVEY: CLASS-A
(2)POSITIONAL ACCURACY: 0.07'
(3)TYPE OF GPS FIELD PROCEDURE: RTK/VRS
(4)DATES OF SURVEY: 3/23/2021
(5)DATUM/EPOCH: NAD83/2011
(6)GEOID MODEL: 12A
(7)COMBINED GRID FACTOR(S): 0.999904032
(8)UNITS: U.S. SURVEY FEET
WITNESS MY ORIGINAL SIGNATURE, REGISTRATION LICENSE NUMBER AND SEAL
THIS DAY OF , A.D.,2022.
CHRISTOPHER L. COLE
REGISTRATION/LICENSE NO. NCPLS L-5008
NC FIRM LICENSE NO. C-4288
CONSERVATION EASEMENTLCE
REVIEW OFFICER CERTIFICATION
I,REVIEW OFFICER OF
WAYNE COUNTY, CERTIFY THAT THE MAP OR PLAT TO
WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL
STATUARY REQUIREMENTS FOR RECORDING FOR
WHICH THE REVIEW OFFICER HAS RESPONSIBILITY AS
PROVIDED BY LAW.
REVIEW OFFICER
WAYNE COUNTY MAPPING DEPARTMENT
PRELIMINARY
NOT FOR SALES, RECORDATION OR
CONVEYANCES
CONSERVATION EASEMENT "B"
CONSERVATION EASEMENT "C"
CONSERVATION EASEMENT "D"
CONSERVATION EASEMENT "E"
CONSERVATION EASEMENT "F"
CONSERVATION EASEMENT "G"
OWNER CERTIFICATION
I (WE), AS THE OWNER(S) OF THIS
PROPERTY, DO HEREBY CERTIFY THAT WE HAVE REVIEWED THIS EASEMENT EXHIBIT
AND AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREON, AND BY OUR FREE
WILL SIGN AND ACKNOWLEDGE THIS MAP AND THAT IT REPRESENTS THE
CONSERVATION EASEMENT AS IT IS INTENDED TO EXIST AND AFFECT THE PROPERTY.
WITNESS MY(OUR) HAND AND SEAL, THIS DAY OF , 20
NORTH CAROLINA
COUNTY
I, A NOTARY PUBLIC OF COUNTY,
NORTH CAROLINA, HEREBY CERTIFY THAT THE DUE EXECUTION OF THE FOREGOING
CERTIFICATE WAS DULY ACKNOWLEDGED BEFORE ME THIS DAY
BY ,FOR THE PURPOSE THEREIN
EXPRESSED.
WITNESS MY HAND AND NOTARY SEAL THIS DAY OF , 20
NOTARY PUBIC
MY COMMISSION EXPIRES
DMS PROJECT LIMITS (TO BE
RECORDED SEPARATELY)
DMS
TOP OF BANK (AERIAL
PHOTOGRAMMETRY)
TB
CONSERVATION EASEMENT "A": 148,114 S.F. +/- 3.400 AC.
CONSERVATION EASEMENT "B": 76,582 S.F. +/- 1.758 AC.
CONSERVATION EASEMENT "C": 25,720 S.F. +/- 0.590 AC.
CONSERVATION EASEMENT "D": 234,716 S.F. +/- 5.388 AC.
CONSERVATION EASEMENT "E": 189,801 S.F. +/- 4.357 AC.
CONSERVATION EASEMENT "F": 196,956 S.F. +/- 4.513 AC.
CONSERVATION EASEMENT "G": 526,956 S.F. +/- 12.097 AC.
CONSERVATION EASEMENT "H": 28,455 S.F. +/- 0.653 AC.
CONSERVATION EASEMENT "I": 54,008 S.F. +/- 1.240 AC.
TOTAL AREA INSIDE OF CONSERVATION EASEMENTS
1,481,308 S.F.
+/- 34.006 AC.
CONSERVATION EASEMENT "H"
CONSERVATION EASEMENT "I"
#4 REBAR (SET)
CALCULATED POINT (NOT SET)CP
SOURCE OF TITLE: DEED BOOK 3775 PAGE 700
LEGAL REFERENCES: PLAT BOOK P PAGE 72-D
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements;
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006 - 2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form No. 201-16-A ALTA Commitment Form - 2016
(Adopted 08-01-16)
Schedule A
Page 1
202010516CA
This Commitment is not complete without appropriate Schedules and corresponding Jacket unless
otherwise agreed in writing.
Transaction Identification Data for reference only:
Commitment No.:202010516CA/RC3
Issuing Office File No.:202010516CA/RC3
Property Address:86.39 acres on Genoa Road, Dudley, NC
Revision No.:003
REVISED COMMITMENT DATED SEPTEMBER 8, 2022 NO.003
SCHEDULE A
1.Commitment Date:September 8, 2022 at 08:00 AM
2. Policy to be issued:
a.ALTA Owners Policy (06/17/06)Policy Amount: $1,200,000.00
Proposed Insured:Environmental Banc & Exchange, LLC, a Maryland LLC
3. The estate or interest in the Land described or referred to in this Commitment is Fee Simple.
4. Title to the Fee Simple estate or interest in the Land is, at the Commitment Date, vested in:
Norwood Bruce Howell and wife, Vickie W. Howell
5. The Land is described as follows:
SEE SCHEDULE C ATTACHED HERETO
Issued through the Office of:
Investors Title Insurance Company
121 N. Columbia Street
Chapel Hill, NC 27514
Tel.919-945-2565 Fax
Commitment No.: 202010516CA/RC3
SCHEDULE A
(Continued)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements;
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006 - 2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form No. 201-16-A ALTA Commitment Form - 2016
(Adopted 08-01-16)
Schedule A
Page 2
202010516CA
Email daustin@invtitle.com
Authorized Countersignature
Commitment No.: 202010516CA/RC3
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements;
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006 - 2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form No. 201-16-B ALTA Commitment Form - 2016
(Adopted 08-01-16)
Schedule B
Page 3
202010516CA
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
2.Pay the agreed amount for the estate or interest to be insured.
3.Pay the premiums, fees, and charges for the Policy to the Company.
4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
5.NOTE: If this transaction meets the following criteria, the proposed insured may qualify for a reduced
premium:
(a) Refinance transactions: Title Insurance has been issued on the same property and the same owner
within the last 15 years.
(b) Purchase/sale transactions: Title Insurance has been issued on the same property within the last 15
years.
If your transaction meets either of these criteria, please contact your local issuing office.
6.Payment of taxes for the year(s) 2022, plus any penalties and interest which may accrue.
7.ADDED, 09/08/22 - Duly authorized and executed deed from Norwood Bruce Howell and wife, Vickie W.
Howell, vesting fee simple title in Environmental Banc & Exchange, LLC, a Maryland LLC.
8.Recapture of deferred ad valorem taxes in the event the property is disqualified from use value in the
future.
9.For insurance regarding priority of conveyance by seller to proposed insured owner over potential liens for
Commitment No.: 202010516CA/RC3
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements;
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006 - 2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form No. 201-16-B ALTA Commitment Form - 2016
(Adopted 08-01-16)
Schedule B
Page 4
202010516CA
labor, services or materials, including surveyors, architects, engineers and rental equipment (herein
"liens") of seller, or priority of proposed insured lender's deed of trust (once recorded) over said liens of
seller and/or construction borrower, receipt of applicable NCLTA form (or substantially similar form
approved by Company counsel prior to closing), completed and executed by all required parties in
compliance with the applicable form's instructions regarding same, to wit:
1) NCLTA Form 1, if no recent construction or addition of improvements on land, no executory contracts
for improvements on land and no construction loan by signing owner or borrower is contemplated; or
2) NCLTA Form 2, if construction on the land was recently completed, but no mechanics lien agent is
required to be appointed pursuant to NC law; or
3) NCLTA Form 3, if construction is in process or immediately contemplated (for loan, including
construction financing), but no mechanics lien agent is required to be appointed pursuant to NC law; or
4) NCLTA Form 5, Owner Affidavit and Indemnity Agreement when construction has been completed, is
contemplated or currently underway and a mechanics lien agent has been properly appointed pursuant to
NC law; and
(a) for insurance regarding priority of conveyance by seller to insured owner and priority of insured lender’s
deed of trust over potential liens, NCLTA Form 6 for waiver and release of lien rights, executed by
potential lien claimants with direct lien rights having filed a notice to lien agent or identified in paragraph
1.B of NCLTA Form 5; or
(b) for insurance regarding only the priority of insured lender’s deed of trust over potential liens NCLTA
Form 7 subordination of lien rights, executed by potential lien claimants with direct lien rights having filed a
notice to lien agent or identified in paragraph 1.B. of NCLTA Form 5.
10.If a mechanics’ lien agent has been properly appointed pursuant to NC Law, a search for filed Notices to
Lien Agent must be updated 1 business day prior to recording of the deed/deed of trust to be insured.
11.Evidence satisfactory to the Company that the business entity(-ies), whether a corporation, limited liability
company, limited partnership, partnership, or the like, which are selling, purchasing, or mortgaging the
land described in Schedule A, is/are properly formed, in existence and good standing in their state of
formation, and that the instruments to be insured have been properly authorized and executed by all
necessary parties.
12.INTENTIONALLY DELETED, 09/08/22 - Receipt of recording information for the instrument creating the
conservation easement.
Commitment No.: 202010516CA/RC3
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements;
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006 - 2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form No. 201-16-B ALTA Commitment Form - 2016
(Adopted 08-01-16)
Schedule B
Page 5
202010516CA
13.Receipt of Attorney's Final Certificate, along with all additional required documents, in order to issue a final
policy or policies.
14.Added, 3/25/2022 - Receipt of Termination and/or Release of Easement for water distribution lines and
facilities dated June 29, 1990 to Southeastern Wayne Sanitary District recorded in Book 1267 at Page
605.
Commitment No.: 202010516CA/RC3
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements;
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006 - 2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form No. 201-16-B ALTA Commitment Form - 2016
(Adopted 08-01-16)
Schedule B
Page 6
202010516CA
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR
LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT
THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR
FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY,
HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the
Company:
1.AMENDED, 09/08/22 - Taxes for the year 2023, and subsequent years, not yet due and payable.
2.INTENTIONALLY DELETED, 09/08/22 - Terms of the Conservation Easement from Norwood Bruce
Howell and wife, Vickie W. Howell to Environmental Banc & Exchange, LLC, a Maryland LLC, recorded in
Book ____ at Page ____.
3.INTENTIONALLY DELETED, 09/08/22 - Fee simple interest of Norwood Bruce Howell and wife, Vickie W.
Howell and rights of underlying fee simple owner to use the property in any way not inconsistent with the
terms of the Conservation Easement.
4.Amended, 12/8/2020, 3/25/2022 - Easement for water distribution lines and facilities dated June 29, 1990
to Southeastern Wayne Sanitary District recorded in Book 1267 at Page 605. (NOTE: Upon receipt of
termination and/or release, this exception will be omitted.)
5.3/25/2022 - Intentionally deleted - Exception is taken to the rights of Norwood Bruce Howell and wife,
Vickie W. Howell as disclosed in that certain Right of First Refusal contained in Deed dated 05/18/92 from
Paul W. Buday and wife, Lois Casey Buday, recorded at 1332 at Page 130.
6.Easement for underground sewer line dated January 4, 1999 to County of Wayne recorded in Book 1704
at Page 712.
Commitment No.: 202010516CA/RC3
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements;
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006 - 2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form No. 201-16-B ALTA Commitment Form - 2016
(Adopted 08-01-16)
Schedule B
Page 7
202010516CA
7.Intentionally deleted, 12/8/2020 - Memorandum of Option dated March 12, 2014 to Wildlands Engineering,
Inc. recorded in Book 3076 at Page 616.
8.Memorandum of Agreement Regarding Proposed Mitigation Project dated September 3, 2020 to
Environmental Banc & Exchange, LLC recorded in Book 3550 at Page 754.
9.Rights of others thereto entitled in and to the ditch(es) crossing the Land.
10.Title to that portion of the Land lying below the mean high water mark of Neuse River.
11.Riparian rights incident to the Land.
12.Rights of others thereto entitled in and to the continued uninterrupted flow of Carroway Branch, located on
the Land.
13.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land. The term “encroachment”
includes encroachments of existing improvements located on the Land onto adjoining land, and
encroachments onto the Land of existing improvements located on adjoining land. Paragraph 2 (c) of the
Covered Risks is hereby deleted.
14.Rights or claims of parties in possession not shown by the public records.
NO INSURED CLOSING PROTECTION COVERAGE PROVIDED - As to the transaction for which this
binder and/or policy is issued, the Company specifically excludes this transaction from any closing
protection services.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements;
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006 - 2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form No. 201-16-A ALTA Commitment Form - 2016
(Adopted 08-01-16)
Schedule C
Page 1
202010516CA
SCHEDULE C
COMMENCING at an existing iron stake in the centerline intersection of N.C.S. Road No. 1918 and N.C.S. Road
N. 1927 and runs thence N. 20° 25' 22" W. 1660.65 feet to an existing P.K. nail in the centerline intersection of
N.C.S. Road No. 1927, the point of beginning, and said nail being a corner of the land of Rosemarie Morgan as
recorded in Deed Book 1041, Page 559 and a corner of the land of Paul W. Buday and wife, Lois Casey Buday, as
recorded in Deed Book 1192, Page 29. Thence with said line N. 47° 54' 37" E. 30.31 feet to an existing iron stake
on the northern right of way of said road. Thence with said line N. 47° 54' 37" E. 315.64 feet to an existing iron
stake and said iron stake being a corner of the land of Harols Edward Smith as recorded in Deed Book 758, page
533. Thence with said Smith's line N. 39° 00' 26" E. 1975.11feet to an iron stake in said Smith's line. Thence with
said Smith's line N. 39° 00' 26" E. 2141.94 feet to an iron stake on the north bank of a ditch. Thence with said
Smith's N. 39° 00' 26" E. 1155.75 feet to an iron stake on the south bank of the run of the Neuse River. Thence
along the bank of said river N. 87° 24' 17" E. 540.00 feet to a point on the west bank of Carroway Branch and the
centerline of Carroway Branch being the property line. Thence S. 06° 10' 16" E. 89.22 feet to a point in the
centerline of said branch. Thence with the centerline of the run of said Carroway Branch the following courses
and distances: N. 78° 35' 36" E. 64.91 feet, thence N. 72° 09' 45" E. 104.81 feet thence S. 44° 30' 58" E. 111.16
feet, thence S. 15° 36' 13" W. 119.74 feet, thence S. 46° 10' 47" W. 267.96 feet, thence S. 69° 11' 05" W. 185.12
feet, thence S. 86° 13' 34" W. 86.84 feet, thence S. 18° 22' 24" W. 202.69 feet, thence S. 89° 11' 17" W. 135.00
feet thence S. 74° 44' 33" W. 131.72 feet, thence S. 04° 58' 05" W. 457.71 feet, thence S. 38° 36' 13" W. 210.18
feet, thence S. 38° 09' 42" E. 168.99 feet, thence S. 08° 31' 35" W. 452.62 feet, thence S. 13° 27' 00" W. 918.47
feet, thence S. 41° 28' 37" W. 363.08 feet to a point in the run of said Carroway Branch and said pont being a
corner of Mildred P. Bell property as recorded in Deed Book 599, Page 315 and being a corner of the land of
Emma Cole Smith as recorded in Deed Book 979, Page 502. Thence with said Smith's line S. 48° 32' 03" W.
15.00 feet to an existing concrete monument on the south bank of said Carroway Branch. Thence with said
Smith's line S. 48° 32' 03" W. 481.46 feet to an iron stake. Thence a new line with Paul W. Buday and wife N. 41°
27' 57" W. 556.20 feet to an iron stake. Thence a new line with Buday S. 49° 21' 05" W. 474.06 feet to an iron
stake. Thence a new line with Buday N. 26° 51' 00" W. 786.63 feet to an iron stake and said stake being located
S. 26° 51' 00" E. 32.88 feet from an iron stake in the line of the land of Harold Edward Smith. Thence a new line
with said Buday S. 39° 00' 26" W. 1968.26 feet to an iron stake. Thence a new line with said Buday S. 47° 54' 37"
W. 348.75 feet to a P.K. nail in the pavement of N.C.S. Road No. 1927, and said nail being 3.5 feet north of the
centerline of said road. Thence N. 41° 09' 24" W. 30.00 feet to the point of beginning and containing 86.39 acres
more or less.
And being Tract "B" of a map prepared by Billy Ray Howell, R.L.S. dated April 28, 1992 and entitled "Survey
prepared for Paul W. Buday and wife, Lois Casey Buday".
Commitment No.: 202010516CA/RC3
SCHEDULE C
(Continued)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Investors Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements;
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006 - 2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of
the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form No. 201-16-A ALTA Commitment Form - 2016
(Adopted 08-01-16)
Schedule C
Page 2
202010516CA