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Home My WebLink AboutEMH Farm Conservation Easement Deed (DWR 2022-1493 v1)Book 8713 Page 122 BK: R 8713 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PGo p2p-136 2023013238 03-27-2023 NCFEE $28.00 GUILFORDCOUNTY 03:33:14 PM ,NC JEFF L. THIGPEN BY: CANDICE SCALES REGISTER OF DEEDS DEPUTY -GB RECORDING REQUESTED BY AND WHEN RECORDED MAILTO: Clearwater Mitigation Solutions �t 604 Macon Place Raleigh, NC 27609 Image Reproduced to the Best Possible Quality SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this 27th day of March , 2023 by and between EMH Farm,. LLC, a North Carolina limited liability company,("Grantor") and Clearwater Mitigation Solutions, L-C, a North Carolina limited liability company ("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 Guilford County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property") and being a portion of certain real properties owned by Grantor identified in Deed Book 7037, Page 2922, Deed Book 3277 Page 377, Parcel Identification Number (PIN) 7739510219 Parcel Number 158537 and Deed Book 7037, Page 2922, Parcel Identification Number (PIN), 7739500530, Parcel Number 158534 of the Guilford County Registry; Book 8713 Page 123 WHEREAS, Grantee agrees to transfer or assign the conservation easement and its interests in perpetuityto a non-profit corporation, who is a charitable, not -for -profit or educational corporation, association, or trust qualified to be Grantee pursuant to 501 (c)(3) and 170 (h) of the Internal Revenue Code, and N.C. Gen. Statute 121-34 ; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: unnamed tributaries and riparian buffers to Randleman Lake. The purpose of this Conservation Easement is to maintain streams, riparian resources and other natural values of approximately 2681 acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area 1" recorded in the Guilford County Register of Deeds at Plat Book 7.4L Pagel ), and prevent the use or development of the Conservation Easement Area 1 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 1 is also a condition of the approval of the EMH Farm Mitigation Banking Instrument (MBI) and Bank Parcel Development Package (BPDP) for the EMH Farm Mitigation Bank Parcel, North Carolina Division of Water Resources (NCDWR) Project ID# 2022-1493 v.1, which was approved by NCDWR, and will be made and entered into by and between Clearwater Mitigation Solutions, LLC, acting as the Bank Sponsor (Bank Sponsor), and NCDWR. The EMH Farm Mitigation Bank Parcel is intended to be used to compensate for riparian buffer and nutrient impacts within the Randleman Lake Watershed. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the NCDWR 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# 2022-1493 v.1 (Mitigation Banking Instrument) or any permit or certification issued by the Third- Party. 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 1 described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: Book 8713 Page 124 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 1 inconsistent withthe purpose of this Conservation Easement is prohibited. The Conservation Easement Area 1 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 1. Without limiting the generality of the 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 1 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 othertemporary or permanent structure or facility on or above the Conservation Easement Area 1. 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 1 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 1 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 Clearwater Mitigation Solutions, LLC, and shall not violate any part of Item L of Article II. 3 Book 8713 Page 125 F. Roads and Trails. There shall be no construction of roads, trails or walkwayson the Conservation Easement Area 1; nor enlargement or modification to existing roads, trails orwalkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area 1, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area 1, signs giving directions or proscribing rules and regulations forthe use of the Conservation Easement Area 1 and/or signs identifying the Grantor as owner of the Conservation Easement Area 1. 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 1 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 1, except to restore natural topography ordrainage 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. 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 Clearwater Mitigation Solutions, LLC, the Grantee, its Book 8713 Page 126 employees and agents, successors, assigns, and the NCDWR for purposes of constructing, maintaining and monitoring the restoration, enhancement and preservation of streams, wetlands and riparian areas within the Conservation Easement Area 1. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area 1 which is or may become inconsistent with the purposes ofthis grant, the preservation of the Conservation Easement Area 1 substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area 1 for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area 1, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area 1, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area 1, 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 Clearwater Mitigation Solutions, LLC, 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 1 in accordance with the approved EMH Farm Bank Parcel Development Package (BPDP), and the EMH Farm Mitigation Banking Instrument (MBI) described in the Recitals of this Conservation Easement. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns and NCDWR, shall have the right to enter the Property and Conservation Easement Area tat all reasonable times for the purpose of inspecting the Conservation Easement Area 1 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, Clearwater Mitigation Solutions, LLC, and its authorized representatives, successors and assigns and NCDWR shall also have the right to enter and go upon the Conservation Easement Area 1 for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. 5 Book 8713 Page 127 ARTICLE V ENFORCEMENTAND REMEDIES A. To accomplish the purposes of this Easement, Grantee, and NCDWR are allowed to prevent any activity on or use of the Conservation Easement Area 1 that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area 1 thatmay bedamaged 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 breachremains 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 ifthe 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 NCDWR 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 provisionhereof 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 1 resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God orthird parties, except Grantor's lessees or invitees; orfrom any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area 1 resulting from such causes. 2 Book 8713 Page 128 ARTICLE VI MISCELLANEOUS A. Warrantv. 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 1. 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 1 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 combined MBI 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 7 Book 8713 Page 129 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 to ensure livestock do not have access to the Protected Property. 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 1 for the conservation purposes, thisConservation 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 1 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 1 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 underthis 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: EMH Farm, LLC Attn: Emily Hiatt, Manager 7109-A Harlow Road High Point, NC 27263 To Grantee & Sponsor: Clearwater Mitigation Solutions, LLC Attn: Kevin Yates 604 Macon Place Raleigh, NC 27609 n Book 8713 Page 130 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 maybe 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 1. The wetlands, scenic,resource, environmental, and other natural characteristics of the Conservation Easement Area 1, and its current use and state of improvement, are described in Section 2.0 of the EMH Farm BPDP, prepared by Bank Sponsor and acknowledged bythe 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 1 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 1 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. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (Signatures of the Grantor and Grantee in appropriate form] Book 8713 Page 131 Exhibit BEGINNING at a point in the canter line of North Carolina Secondary Road 1129, the Southeast Corner of Tract 3 of the uereoarded map herensattW referred to; thence with the canter line of North Carolina Secondary Road 1129, H. L. Robertson's property line, the following courses and distances: South 5 degreee 34 minutes 16 seconds West 122.27 feet; South 3 degrees 32 minutes 16 seconds Went S53M0 feet; South 4 degees 7 minutes 16 seconds West 562.39 ;foot; South 4 degrees 34 minutes 16 seconds West sussing the Randolph County line 1,142.09 feet to a point in ciao center line of North Carolina Secondary Road 1129, corner with G. F. Robbins; thence with the Imes of 4. F. Robbins and M. W. Casbatt North 1:5 degrua 47 minutes 44 seconds West 1,108.24 feet to a point, corner with Cadatt and Tract 5; thence with the Rastem pmpatty tine of Tfaet 5 North 7 degrees 49 minuaas 52 seconds West crossing the Guilford Cotmty line 2,724.49 feet W an iron pin in the line of Tract 3; tbonos with the South line of Tract 3 the following corneas and distances: Notch 88 degrees 17 minutes 17 avowda Fast $21.53 feet W an iron pin; South 83 dollpm 54 mLmtcs 14 seconds Bast (through an iron pin on tho West side of North. Carolina Secondary Road t129 at 1,126,13 feet) 1.137.71 feat to the point andplaea of BEGINNING, and being Tract 4, containing 86.617 acres more or less, of an unrecorded map prepared by Davis- Martirt & Associates, l ta, entitled "Property of Helen Brooks MM", dWgnatat Job No. S- 13221, and dated March 9,1978• Tract Five herainabove described was acquired by the Grantor by dead mecorded in Book 3372, Page $59, Guilford CountyReglatry. SANS AND EXCEPT FROM THE ABOVE -DESCRIBED 96.617 ACRES MORE OR LESS, THE FOLLOWING TRACT OF PROPERTY PREVIOUSLY CONVEYED BY THE GRANTOR: BEGINNING at a point in New Market Township, Randolph County, North Carolina in the Canter line of North Carolina Secondary Road 1129, said point being 5,046.23 feet In the soutiteat direetlon from the southwest intersection of North Carolina Highway 62 and North Carolna Secondary Road No. 1129 in Jamestown TownaMp, Guilford Cormly, North Carolina, said beginning point also being the soaliteast comer of the treat of 86.617 acres more or less hereinabove described; thence north, 85 dog, 47 min. 44 sec, west 1,1(189A feet to a point, said point also being tito southwest oomar of the tract of $6.617 acres more or Iesa herdnebave described; thence north 7 deg. 49 min. 52 sec, west crossing tho Guilford County line 1,160.91 fed to a point; thence south 85 deg. 25 min. 44 sea east 1,357.59 feat toa point in the center line of North Carolina Secondary Road 1129;thence with the center line of North Carolina Secondary Road 1129 south 4 deg. 34 min. 16 sec, west crossing the Randolph County tiro 1,126.72 that to the point and place of BEGINNING, containing 32.0 acros more or less as shown on uoracorded amp prepared by Davis -Martin -Powell and Aasoo., lam entitled 'Twpt#y of Molly Minis Hedgeeock" designated as Job No. S•17442 and dated April 29, 1991 and also being all of that property conveyed by Deed dated May 18, 1981 from James H. h0flis, Jr. (divorced) to Molly Mile Hedgecock and recorded in Dead Book 3161 at Page 27 in the office of the Register of Deeds of Guilford County, North Carolina. See also Correction Deed dated April 5, 1983 from James H. Millis, Jr. and wife, Ann Ball Millis,'W MollywMas Heepcockc Book 8713 Page 132 Exhibit B Conservation Easement Area 1 All of the Conservation Easement Area 1 of the EMH Farm Site over a portion of the land of EMH Farm, LLC (PIN No.'s 7739500530 & 7739510219) lying and being situated in Jamestown Township, Guilford County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 22 and being located North 82°30'24" East 97.38 feet from an iron stake (Point No. 54) with N.C. Grid Coordinates N= 790,197.0497', E= 1,735,006.0782'(NAD'83, 2011). Thence from the Point of Beginning (Point No. 22), South 40031'04" West 166.55' to an iron stake; thence South 22019'54" West 111.49' to an iron stake; thence South 43°46'45" West 87.10' to an iron stake; thence South 71 °19'34" West 119.39' to an iron stake; thence North 85038'34" West 366.73' to a pinched -top iron; thence North 08002'02" West 294.16' to an iron stake; thence North 44°33'30" East 86.20' to an iron stake; thence North 65038'31" East 95.76' to an iron stake; thence South 88°33'04" East 102.98' to an iron stake; thence North 31 011'42" East 55.31' to an iron stake; thence North 42043'45" East 213.01' to an iron stake; thence North 27027'34" East 228.71' to an iron stake; thence North 34°1 T48" East 353.03' to an iron stake; thence North 4901644" East 63.09' to an iron stake; thence North 3201609" East 143.96' to an iron stake; thence North 31 °23'54" East 244.43' to an iron stake; Book 8713 Page 133 thence North 37045'39" East 47.24' to an iron stake; thence South 84007'05" East 442.14' to an iron stake; thence South 04°00'18" West 94.30' to an iron stake; thence South 33031'25" West 56.24' to an iron stake; thence South 45007'51" West 134.36' to an iron stake; thence South 30020'36" West 128.43' to an iron stake; thence South 16015'37" West 52.08' to an iron stake; thence South 34'13'05" West 59.53' to an iron stake; thence South 37041'39" East 9.44' to an iron stake; thence North 79055'56" East 135.07' to an iron stake; thence South 80046'10" East 78.33' to an iron stake; thence South 03021'38" West 141.66to an iron stake; thence South 03°21'38" West 14.24' to an iron stake; thence South 04024'50" West 320.86' to an iron stake; thence South 04°37'33" West 173.44' to an iron stake; thence North 77023'40" West 105.63' to an iron stake; thence South 26017'59" West 217.63' to an iron stake; thence South 51028'13" West 104.44' to an iron stake; thence South 80025'39" West 105.70' to an iron stake; thence North 69043'48" West 88.51' to an iron stake; thence North 55006'24" West 155.55' to an iron stake; thence North 29°51'54" West 88.56' to an iron stake; Book 8713 Page 134 which is the point of beginning, having an area of 26.81 acres, more or less, as shown on "Conservation Easement Area 1" on a plat prepared by K2 Design Group, PLS, L-4194, titled "Conservation Easement for Clearwater Mitigation Solutions, LLC over a Portion of the Lands Recorded in D.B.3277, PG.377 and D.B.7037 PG.2922 (Parcel No.'s158534 & 158537) dated January 3, 2023 and recorded in Plat Book 2i 2' , Page q of the Guilford County Register of Deeds. Book 8713 Page 135 GRANTOR: EMH Farm, LLC, a North Carolina limited liability company By: AkfL M. - (SEAL) E ly Hiatt, Manager STATE OF NORTH CAROLINA COUNTY OF IOAL411n1n1., I, rGlu T ran h) e I, a Notary Public in and for the County and State aforesaid, do hereby certify that Emily Hiatt, Manager of EMH Farm, LLC, a North Carolina limited liability company, Grantor, personally appeared before me this day and acknowledged that under authority duly given and as the act of the Company, she voluntarily signed the foregoing document for the purpose therein expressed and in the representative capacity so indicated. IN WITNESS WHEREOF, 1 have hereunto set my hand and Notary Seal this the day of Fyldxt 6 , 2023. Official SignatA of Notary -Vot, 5 rne-011-n i c.i Notary Public Notary's printed or typed name My Commission Expires: 0 1 - 1 $ '>096' AFFIX NOTARIAL STAMP -SEAL] ''ll\\NSNINi 11HHq,,,l, tk Book 8713 Page 136 GRANTEE: Clearwater Mitigation Solutions, LLC, a North Carolina limited liability company By: +� Kevin Yates, Pri 0 al/Member/Manager STATE OF NORTH CAROLINA COUNTY OF p k J , the undersigned Notary Public of the County and State aforesaid, certify that Kevin Yates personally appeared before me this day, acknowledging to me that he is the Member and Manager of Clearwater Mitigation Solutions, LLC, a North Carolina limited liability company and that he acknowledged to me that he voluntarily signed the foregoing document for the purposes therein expressed and in the representative capacity so stated. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the _day ofMaIt'Lh , 2023&-aula a Official Signature of Notary --rC U S.Vy�*OCLVUe Notary Public Notary's printed or typed name My Commission Expires: 01 -14� �[o [AFFIX NOTARIAL STAMP -SEAL]