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HomeMy WebLinkAbout20201091 Ver 2_Shady Grove_Easement_Recorded_05092023_20230523ID#* 20201091 Version* 2 Select Reviewer: Katie Merritt Initial Review Completed Date 05/24/2023 Mitigation Project Submittal - 5/23/2023 Is this a Prospectus, Technical Proposal or a New Site?* Yes No Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Contact Name: * Email Address: Jamey McEachran jmceachran@res.us Project Information ID#: * 20201091 Version:* 2 Existing ID# Existing Version Project Type: DMS Mitigation Bank Project Name: Shady Grove Mitigation Site County: Wayne Document Information Mitigation Document Type:* Mitigation Conservation Easement File Upload: Shady Grove_Easement_Recorded_05092023.pdf 1.08MB Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name:* Jamey McEachran Signature: Type: CRP Recorded: 5/9/2023 10:42:20 AM Fee Amt: $30.00 Page 1 of 16 WAYNE COUNTY, NC CONSTANCE B. CORAM REGISTER OF DEEDS BK 3818 PG 476 - 491 This instrument prepared by, Kennon Craver, PLLC, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceedings. PERMANENT CONSERVATION EASEMENT Excise Tax: $ d c:v ( Xernp� r -t I U C l l q 6 (a), Parcel Identifier No.: 2563-66-2469 Prepared by and return after recording to: RES, c/o Stephen Colomb, 6575 West Loop South, Suite 300, Bellaire, TX 77401 Brief description for the Index: 19.829 (+/-) acre Conservation Easement in Wayne County, NC THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of 2023 by and between Douglas Allen Jernigan and Aileen K. Jernigan,w ose mailing address is 781 Thunder Swamp Road, Mount Olive, NC 28365 ("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"); 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; submitted electronically by "Kennon Craver, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Wayne County Register of Deeds. (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 19.829 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 purposeor in any mannerthat 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 2021 Neuse Umbrella Mitigation Banking Instrument ("UMBI"), North Carolina Division of Water Resources ("NCDWR") Project ID# 2020-1149v2, and Bank Parcel Develop m ent Package ("BPDP") for the Shady Grove Riparian Buffer and Nutrient Offset Mitigation Bank, NCDWR Project ID# 2020-1091v2, 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 Shady Grove Riparian Buffer and Nutrient Offset Site is intended to be used tocompensate 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 NCDWR Project ID# 2020-1149v2 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 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 limitingthe generality ofthe foregoing, the following activities anduses 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 BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the BPDP is allowable oncea 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. Signaee. 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., i hts. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for temporary or occasional access 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 in the locations labeled "Access to Conservation Easement Area from Thunder Swamp Road" and "30' Wide Access Area" on that certain plat recorded in Plat Book P , Page1ML Pand the right to enter the Conservation Easement Areaat 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. ARTICLE V ENFORCEMENTAND 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 ofa 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. 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 tocomply with federal, state or local laws, regulations and permits that may apply to theexercise 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 deemednecessary 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 inappropriate 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 orthe 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: Douglas Allen Jernigan Aileen K. Jernigan 781 Thunder Swamp Road Mount Olive, NC 28365 To Grantee: Colonel Land, LLC 6575 West Loop South, Suite 300 Bellaire, TX 77401 To Sponsor: Environmental Banc & Exchange, LLC 6575 West Loop South, Suite 300 Bellaire, TX 77401 ToNCDEQ -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 withthe 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 forthe aforesaid purposes. [SIGNATURE PAGES TO FOLLOW] 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 Name"' VIRGINIA COUNTY OF CC%i O; 1�;c1�n.onc� I, a Notary Public in and for the County and State aforesaid, do hereby certify that -$'enn;k,ef- personally appeared before me this day and acknowledged that he/she is the Awl��Dc y-*A 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 I day of m 2023. a Signature of ota ublic Printed Name of doiary Public My commission expires: 0 1131 1 p.s IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the dayand year first above written. GRANTOR: (SEAL) NORTH CAROLINA COUNTY OF WAIN t I, W'i It ic.. A UcvGS , a Notary Public in and for the County and State aforesaid, do hereby certify that Douglas Allen Jernigan, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS, WHEREOF, I have hereunto set my hand and Notary Seal this the S day of .2023. WILLIAM A JAMES Notary Public, North Carolina [SEAL] Wake County My Commission Expires November04, 2023 Signature of Not*y Public Witte.— A A-3 Printed Name of Notary Public My commission expires: [[ `i 2023 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the dayand year first above written. GRANTOR: (SEAL) Aileen K. Jernigan NORTH CAROLINA COUNTY OF W A'yN I, Wx tVt,- h a&&-6 , a Notary Public in and for the County and State aforesaid, do hereby certify that Aileen K. Jernigan, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS, WHEREOF, I have hereunto set my hand and Notary Seal this the Sµday of M lr" , 2023. WILLIAM A JAMES Notary Public, North Carolina Wake County EAQAy Commission Expires November04, 2023 4j,;(4- 4 d===-::: Signature of Notalk Public Printed Name of Notary Public My commission expires: tI it' ( 2o2) EXHIBIT A Legal Description of the Property BEING 150.287 acres, more or less, tract or parcel of real property situated in Wayne County, North Carolina, being identified by the PIN number 2563662469, and more particularly described in deeds recorded in Book 2832, Page 255, of the Wayne County Registry, North Carolina. EXHIBIT B Conservation Easement Area BEING THAT 19.829 ACRE AREA, AS SHOWN ON PLAT OF SURVEY ENTITLED "CONSERVATION EASEMENTSURVEY, OWNERS DOUGLAS ALLEN JERNIGAN AND AILEEN KJERNIGAN, PIN 2563-66- 2469, PREPARED FOR ENVIRONMENTAL BANC & EXCHANGE, LLC, "PROJECT NAME: SHADY GROVE", PROJECT: 21-02-11, MAP: 6/6/2022, PREPARED BY CHRISTOPHER L COLE, PLS NUMBER L-5008, AND RECORDED IN THE WAYNE COUNTY REGISTER OF DEEDS OFFICE Al' PLAT BOOK AT PAGE 814 ' (THE "SURVEY"), AND BEING FURTHER DESCRIBED AS FOLLOWS: }� Pk* rccbr� �n I�laf 13W6 ►�, i�c� Fq-A CONSERVATION EASEMENT'T' PARCEL IDENTIFICAITON NUMBER PIN 2563662469 294,821 S.F. +/- 6.768 AC. A PERMANENT CONSERVATION EASEMENT OVER A PORTION OF LAND IN BROGDON TOWNSHIP, WAYNE COUNTY, NORTH CAROLINA AS SHOWN ON A SURVEY PREPARED BY ASCENSION LAND SURVEYING WITH A PROJECT NUMBER OF 21-02-11 DATED �� $. &CO"j , 2023 AND BEING RECORDED IN PLAT BOOK P . PAGE $Y- Q WITH THE WAYNE COUNTY REGISTER OF DEEDS OFFICE AND BEING ON THE LAND OWNED BY (NOW OR FORMERLY) DOUGLAS ALLEN JERNIGAN AND AILEEN K JERNIGAN. BEGINNING AT A #4 REBAR BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S 26°02'32" E 105.58" TO A #4 REBAR; THENCE S 07052'26" W 39.91' TO A #4 REBAR; THENCE S 43°10'51"W 46.96' TO A #4 REBAR; THENCE S 11'28'21" W 40.48' TO A #4 REBAR; THENCE S 30'58'50" E 108.55' TO A #4 REBAR; THENCE S 04"05'51" E 121.41' TO A #4 REBAR; THENCE S 64'24'20" W 175.16' TO A #4 REBAR; THENCE S 02°46'31" W 67.89' TO A #4 REBAR; THENCE S 17°43'19" W 190.90' TO A #4 REBAR; THENCE S 63"45'59" W 738.89' TO A #4 REBAR BEING IN THE EASTERN RIGHT OF WAY LINE OF THE 100' CAROLINA POWER AND LIGHT EASEMENT (DB 2260 PG 718); THENCE WITH THAT RIGHT OF WAY LINE N 25"47'08" W 238.81' TO A #4 REBAR IN THE CENTERLINE OF A DITCH; THENCE WITH THE CENTERLINE OF THE DITCH THE FOLLOWING EIGHTEEN (18) CALLS: 1) N 45°30'16" E 6.46' TO A POINT 2) N 62004'50" E 44.25' TO A POINT 3) N 66"40'08" E 26.88' TO A POINT 4) N 69"13'22" E 41.97' TO A POINT 5) N 77-45'46" E 33.78' TO A POINT 6) S 86°07'35" E 11.15' TO A POINT 7) S 69"22'24" E 13.91' TO A #4 REBAR 8) N 65°57'53" E 46.38' TO A POINT 9) N 70-29'08" E 90.75' TO A #4 REBAR 10) N 36-07'03" E 35.46' TO A #4 REBAR 11) N 67"38'21" E 120.46' TO A POINT 12) N 64"17'13" E 39.52' TO A POINT 13) N 58"18'00" E 178.95' TO A POINT 14) N 08`35'04" E 51.03' TO A #4 REBAR 15) N 04°07'17" E 154.24' TO A #4 REBAR 16) N 52"00'57" E 12.57' TO A #4 REBAR 17) N 64"54'38" E 181.98' TO A #4 REBAR 18) N 15-44'32" W 216.33' TO A #4 REBAR; THENCE LEAVING THE CENTERLINE OF DITCH N 66038'05" E 188.69' TO THE POINT AND PLACE OF BEGINNING. DESCRIPTION BASED ON A SURVEY TITLED "CONSERVATION EASEMENT SURVEY ENVIRONMENTAL BANC & EXCHANGE, LLC, SHADY PROJECT: PROJECT: 20-02-11 "SHADY GROVE" LEGAL DESCRIPTION CONSERVATION EASEMENT "2" PARCEL IDENTIFICAITON NUMBER PIN 2563662469 568,935 S.F. 1 13.061 AC. A PERMANENT CONSERVATION EASEMENT OVER A PORTION OF LAND IN BROGDON TOWNSHIP, WAYNE COUNTY, NORTH CAROLINA AS SHOWN ON A SURVEY PREPARED BY ASCENSION LAND SURVEYING WITH A PROJECT NUMBER OF 21-02-11 DATED �1��( b. , 2023 AND BEING RECORDED IN PLAT BOOK P PAGE WITH THE WAYNE COUNTY REGISTER OF DEEDS OFFICE AND BEING ON THE LAND OWNED BY (NOW OR FORMERLY) DOUGLAS ALLEN JERNIGAN AND AILEEN K JERNIGAN. BEGINNING AT A #4 REBAR BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE S 11"01'09" W 236.90' TO A #4 REBAR; THENCE S 72003'35" W 1429.96" TO A #4 REBAR; THENCE S 72003'35" W 122.89' TO A #4 REBAR IN THE CENTERLINE OF A DITCH; THENCE WITH THE CENTERLINE OF THE DITCH THE FOLLOWING TWENTY FIVE (25) CALLS: 1) S 50°35'04" W 105.26' TO A #4 REBAR 2) S 57°22'30" W 147.10' TO A POINT 3) S 45-54'09" W 31.17' TO A POINT 4) S 74°18'33" W 23.38' TO A POINT 5) N 85°29'28" W 18.55' TO A POINT 6) S 67-35'51" W 78.79' TO A POINT 7) S 79°41'38" W 33.01' TO A POINT 8) S 47°36'02" W 10.27' TO A POINT 9) S 83-41'36" W 26.60' TO A POINT 10) S 37°55'29" W 24.13' TO A POINT 11) S 57"55'13" W 40.91 TO A POINT 12) S 82"30'45" W 50.42' TO A POINT 13) S 41°30'20" W 17.17' TO A POINT 14) S 72"51'08" W 10.82' TO A POINT 15) S 60'32'15" W 40.79' TO A POINT 16) S 79'11'04" W 28.34' TO A POINT 17) S 44'08'07" W 25.57' TO A POINT 18) S 75'40'49" W 27.90' TO A POINT 19) S 41-39'39" W 28.38' TO A POINT 20) S 56'48'38" W 30.84' TO A POINT 21) S 43'22'47" W 54.55' TO A POINT 22) S 86'20'25" W 32.20' TO A POINT 23) S 62'54'05" W 36.37' TO A POINT 24) S 59-11'31" W 47.68' TO A POINT 25) S 44'43'32" W 54.70' TO A POINT WHERE THE CENTERLINE OF THE DITCH MEETS THE EASTERN RIGHT OF WAY OF A 100' CAROLINA POWER AND LIGHT EASEMENT (DB 2260 PG 718); THENCE LEAVING THE CENTERLINE OF THE DITCH AND RUNNING WITH THE EASTERN RIGHT OF WAY OF THE AFOREMENTIONED EASEMENT N 25047'08" W 221.70' TO A #4 REBAR; THENCE LEAVING THE RIGHT OF WAY N 51034'38" E 110.72' TO A #4 REBAR; THENCE N 63'03'58" E 431.57' TO A #4 REBAR; THENCE N 72'04'09" E 181.94' TO A #4 REBAR; THENCE N 32'00'33" E 114.01' TO A #4 REBAR; THENCE N 53'00'35" E 125.55' TO A #4 REBAR; THENCE N 75002'11" E 485.38' TO A #4 REBAR; THENCE N 72018'14" E 1268.29" TO THE POINT AND PLACE OF BEGINNING. DESCRIPTION BASED ON A SURVEY TITLED "CONSERVATION EASEMENT SURVEY ENVIRONMENTAL BANC & EXCHANGE, LLC, SHADY PROJECT: PROJECT: 20-02-11 "SHADY GROVE" TOGETHER WITH NON-EXCLUSIVE ACCESS OVER, ACROSS AND THROUGH (1) THAT CERTAIN 30 FOOT WIDE ROAD LEADING FROM THUNDER SWAMP ROAD (SR 1117) LABELED "ACCESS TO CONSERVATION EASEMENT AREA FROM THUNDER SWAMP ROAD" AND (II) THOSE CERTAIN AREAS LABELED "30' WIDE ACCESS AREA", ALL AS SHOWN ON THE PREVIOUSLY REFERENCE PLAT OF SURVEY BY CHRISTOPHER L. COLE, PLS, FOR THE PURPOSES OF GRANTEE AND THE THIRD - PARTIES ACCESSING THE CONSERVATION EASEMENT AREA AND FULFILLING THEIR RIGHTS AND OBLIGATIONS UNDER THIS CONSERVATION EASEMENT. Pag4e 1 of 1 TOTAL AREA INSIDE OF CONSERVATION EASEMENTS CONSERVATION EASEMENT 1 204,821 S.F. +/- 6.768 AC. CONSERVATION EASEMENT 2 568,935 S.F. +/- 13.061 AC. TOTAL: 863,756 S.F. +/- 1 9.829 AC. 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 596, PAGE 566 ; 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: 1 5,000; 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 �� ,CARO����'% NAIL (FOUND) (2) POSITIONAL ACCURACY: 0.07' NAD83/201 �OPO (3) TYPE OF GPS FIELD PROCEDURE: RTK/VRS N: 537,506.05 , �O I� (4) DATES OF FIELD SURVEY: 3/23/202 1 = - SEAL E: 2,264,81094 O� G ��pl (5) DATUM/EPOCH: NAD83/201 I L-5008 = �P oj� pJ (6) GEOID MODEL: 1 2A (7) COMBINED GRID FACTOR(S): 0.99987066 / \ (6) UNITS: U.S. SURVEY FEET SURv WITNESS MY ORIGINAL SIGNATURE, REGISTRATION LICENSE NUMBER AND SEAL THIS 8TH DAY OF MAY, A.D.,2023. %O� T z Digitally signed by Christopher L. Cole �r Christopher L. Cole , Date. 2023.05.08 09:05:25 -04 00 \ CHRISTOPHER L. COLE REGISTRATION/LICENSE NO. NCPLS L-5008 NC FIRM LICENSE NO. C-4288 anted For R istr 3 Date F rwne m CONSTA14CE B. CORAIN a79 �$ 6 Register of Deeds PROPERTY LINE PER BOUNDARY ­�"� W Cownh6 WW � C. AAM LINE AGREEMENT l DEED BOOK: 3739 v' �Defwty PAGE 59 y\\` \ &\\ \ O\\ V��-i Q� \ Ln LO F `C51� NOW OR FORMERLY \ DOUGLAS ALLEN JERNIGAN \ AILEEN K JERNIGAN \ PARCEL ID: 2563662469 \ DEED BOOK: 2832 PAGE: 255 � t \j6o G� PROPERTY LINE PER BOUNDARY LINE AGREEMENT m DEED BOOK: 3739 PAGE 59� i� VA6CONSERVATION VA5 EASEMENT " i " N� 2 _A3�+I- � 6:0) 0 � j311'Wl11E N ACCESS AREA O�y\ Q\ \ �N Off\ -� \ �0� �\ 7 \ BOUNDARY LINE/LCE FOLLOW THE CENTERLINE OF THE CREEK PLAT BOOK: L PAGE: 62 1� A3\5 3°035� N6 , BOUNDARY LINE/LCE FOLLOW THE CENTERLINE OF THE CREEK ��� Lf_ PLAT BOOK: L 12 �/ \ PAGE: 62 L22 �ZR - NOW OR FORMERLY \0 LILLIE JONES �\ PARCEL ID: 256354 1 295 DEED BOOK: 1 102 \ PAGE: 53 1 \ WAYNE COUNTY MAPPING DEPARTMENT NOW OR FORMERLY JOSEPH POWELL PARCEL ID: 2563655 197 DEED BOOK: 1 390 PAGE: 535 REVIEW OFFICER CERTIFICATION I, REVIEW OFFICER OF WA NE UN 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. LEGEND VICINITY MAP (NOT TO SCALE) pp REBAR (SET) O POINT NOT SET N PL PROPERTY LINE (SURVEYED) - - PL- - - PROPERTY LINE (NOT SURVEYED) -- RW--- RIGHT OF WAY - - TB - - TOP OF BANK --l_CE CONSERVATION EASEMENT r r r r CONSERVATION EASEMENT " I" �0`It O� G SNP CONSERVATION EASEMENT "2" SITE LINE TABLE LINE BEARING LENGTH L I S72°03'35"W 122.89 L2 S50'35'04"W 105.26 L3 S57°22'30"W 147.10 L4 S45°54'09"W 31.17 L5 S74'18'33"W 23.38 LG N85'29'28"W 18.55 L7 S67°35'51 "W 78.79 L8 j S79°41'38"W 33.01 L9 S47°36'02"W 10.27 LIO S83°41'36"W 26.60 L I I S37°55'29"W 24.13 1_12 S82°30'45"W 50.42 L 13 S41 °30'20"W 17.17 L14 S72°51'08"W 10.82 L 15 S60°32'15"W 40.79 LIG S79'11'04"W 28.34 L 17 S44°08'07"W 25.57 L 18 S75°40'49"W 27.90 L 19 S41'39'39"W 28.38 L20 S56'48'38"W 30.84 LINE TABLE LINE I BEARING LENGTH LG I S02°46'31 "W 67.89 LG2 S17°43'19"W 190.90 LG3 N28°50'37"W 17.63 LG4 S57'55'13"W 40.91 LINE TABLE LINE BEARING LENGTH L2I S43'22'47"W 54.55 L22 S86°20'25"W 32.20 L23 S62°54'05"W 36.37 L24 S59°11'31 "W 47.68 L25 S44°43'32"W 54.70 L2G N25°47'08"W 221.70 L27 N51°34'38"E 110.72 L28 N72'04'09"E 181.94 L29 N32°00'33"E 114.01 L30 N53'00'35"E 125.55 L31 S11°01'09"W 236.90 L32 S72'03'35"W 204.54 L33 S78°23'35"W 66.58 L34 N25'47'08"W 238.81 L35 N45°30'16"E 6.46 L3G N62°04'50"E 44.25 L37 N66'40'08"E 26.88 L38 N69°13'22"E 41.97 L39 N77°45'46"E 33.78 L40 S86°07'35"E 11.15 w C BAKER CHAPEL CH. J LINE TABLE LINE BEARING LENGTH L4I S69°22'24"E 13.91 L42 N65°57'53"E 46.38 L43 N70'29'08"E 90.75 L44 N36°07'03"E 35.46 L45 N67°38'21 "E 120.46 L4G N6417'1 YE 39.52 L47 N58°18'00"E 178.95 L48 N08°35'04"E 51.03 L49 N04°07'17"E 154.24 L50 N52°00'57"E 12.57 L5I N64'54'38"E 181.98 L52 N15°44'32"W 216.33 L53 N66°38'05"E 188.69 L54 S26°02'32"E 105.58 L55 S07'52'26"W 39.91 L5G S4310'51 "W 46.96 L57 S11 `28'21 "W 40.48 L58 S30°58'50"E 108.55 L59 SO4°05'51"E 121.41 LGO S64'24'20"W 175.16 f-j '�w < Q / -0 ACCE55 TO IRON FIFE EAEME TAP A )0 R z nr-_ � 0 = �_ _TiE (FOUND) SWAMP ROADFPCM'THUNDE' 5-7 NAIL (FOUND) t�E �33 (TIE) 32 NAD83/201 I ✓ N:535,926.32 3 r y E:2,267,547.09 i SURVEYORS NOTES: 1) BASIS OF BEARINGS: NCGS GRID COORDINATES, NAD 83/201 1 DATUM. 2) FIELD WORK COMPLETED ON 4/ 1 5/202 1. 3) ALL DISTANCES ARE HORIZONTAL GRID 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) FLOODFLAIN ZONE X MAP:3720256400K DATE: 6/20/ 1 8 CID: 370254 PANEL: 2564 r. 2 N 8) "ACCESS AREAS" SHOWN ARE NOT EASEMENTS. A 1� 2 DOES NOT REPRESENT A COMPLETE BOUNDARY c� NY TRACT SHOWN HEREON AND IS ONLY ILLUSTRATE THE LIMITS OF A CONSERVATION 2 2.00, of 100, 200, 400' 800, IN FEET 1 INCH = 200 FEET REVISION: 5/8/2023-REVISED SOUTHERN DISTANCE OF CONSERVATION EASEMENT 2 FROM 1418.0 I' TO 1423.90 CONHONVATION EASEMENT 5URVEY OWNER5 DOUGLA5 ALLEN JERNIGAN AND AILEEN K JERNIGAN DROGDON TOWN5HIP, WAYNE COUNTY, NC PREPARED FOR ENVIRONMENTAL BANC * EXCHANGE, LLC "PROJECT NAME: SHADY GROVE" NC FIRM LICENSE NO: C-4288 NC PLS NO: L-5-008 Profe551onal Land Surveying * Con5ulting I I G WIIIIam5 Road, IV10Ck5VIIIe, NC 27028 Phone: (704) 579-7 197 Small: 5urveyor.chr15007@gmall.com PROJECT. 21-02 -11 SHEET 1 OF 1 SCALE: 1-2-00 MAP: 3/2/2-023