NCC231890_FRO Submitted_20230621

FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by
the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the
appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail and/
or fax information unavailable, place N/A In the blank.)
Part A.1. Protect NameYarbro Stream and Wetland Restoration Site
2. Location of land-disturbing activity: County Lincoln City or Township Vale
Highway/Street NC-27 Latitude 35.5315 Longitude -81.5017
3. Approximate date land-disturbing activity will commence: 6/19/2023
4. Purpose of development(residential, commercial, industrial, institutional, etc.): Restoration
5. Total acreage disturbed or uncovered(including off-site borrow and waste areas): 56.42
6. Amount of fee enclosed: $ 5,700 The application fee of$100.00 per acre
(rounded up to the next acre) is assessed without a ceiling amount(Example: 8.10 ac=$900.00).
7. Has an erosion and sediment control plan been filed? Yes X No Enclosed
8. Person to contact should erosion and sediment control issues arise during land-disturbing activity:
Name Adam Spiller E-mail Address [e-mail]
Telephone [phone] Cell# Fax#
9. Landowner(s)of Record (attach accompanied page to list additional owners):
Nelson Buddy Yarbro and Nell W. Yarbro 704-276-1106
Name Telephone Fax Number
8364 West NC 27 HWY same
Current Mailing Address Current Street Address
Vale NC 28168
City State Zip City State Zip
10. Deed Book No.see attached Page No. Provide a copy of the most current deed.
Part B.
1. Company(ies) or firm(s) who are financially responsible for the land-disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet.)If the company or firm Is a sole proprietorship,
the name of the owner or manager may be listed as the financially responsible party.
KCI Associates of NC, P.A. [e-mail]
Name E-mail Address
4505 Falls of the Neuse Rd. #400 same
Current Mailing Address Current Street Address
Raleigh NC 27609
City State Zip City State Zip
Telephone[phone] Fax Number

2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
N/A
Name E-mail Address
Current Mailing Address Current Street Address
City State Zip City State Zip
Telephone _ Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
CT Corporation [e-mail]
Name of Registered Agent E-mail Address
160 Mine Lake Court, Suite 200 same
Current Mailing Address Current Street Address
Raleigh NC 27615
City State Zip City State Zip
Telephone[phone] Fax Number
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attomey-in-fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
James Gellenthin Vice President
pe-or print e Title or Authority
- - 6/16/2023
-Signature Date
, a Notary Public of the County of WAIL
State of North Carolina, hereby certify that Q ,S C1 °i\e 14-14/1 i v1 appeared
personally before me this day and being duly sworn acknowledged that the above form was
executed by him.
Witness my hand and notarial seal, this I 112 day of -Y(,�, , 20 a 3
BRANDIE JOHNSON d A/InM�,- 9),An4,, _
NOTARY PUBLIC Notary
weasipuNre,NC
My Oanniibn Expires Z 7 p °�j3) oi a
My commission expires (�

Additional Landowners:
Vertie Lee Sain and Gay Sain
8294 West NC 27 HWY
Vale NC 28168
704-351-5079

BK 3115 PG 572 - 588 (17)
This document presented and fled:
12/09/2021 09:07:40 AM
DEED
Fee$34 00 Transfer Ta,c$1,385.00
644020 IU1IIIIIIIiUF1
• 4 w L 11) Lincoln County North Caroline
Danny R.Hester, Register of Deeds
41 Clid up t h &rriS(n
STATE OF NORTH DEED OF CONSERVATION EASEMENT
AND CeiS Tail' Ij ?l PURSUTANT TGHT O
ACCESS PROVIDED
FULL DELIVERY
MITIGATION CONTRACT
LINCOLN COUNTY
SPO File Number:55-AB
DMS Project Number: 100136
Prepared by: Office of the Attorney General
Property Control Section
Return to: NC Department of Administration
State Property Office
1321 Mail Service Center
Raleigh,NC 27699-1321
THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS,made
this 23' day of November, 2021, by BUDDY N. YARBRO and wife, NELL W. YARBRO,
GINGER YARBRO HOOVER and husband, PHILLIP A. HOOVER, and DEBBIE YARBRO
JOHNSON, widow (collectively, "Grantor"), whose mailing address is 8364 West NC 27
Highway, Vale NC 28168,to the STATE OF NORTH CAROLINA("Grantee"), whose mailing
address is State of North Carolina, Department of Administration, State Property Office, 1321
Mail Service Center, Raleigh, NC 27699-1321. The designations of Grantor and Grantee as
used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular,plural,masculine, feminine, or neuter as required by context.
WITNESSETH:
WHEREAS,pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et sea.,the State
of North Carolina has established the Division of Mitigation Services (formerly known as the
Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of
Environmental Quality (formerly Department of Environment and Natural Resources) for the
purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and
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riparian resources that contribute to the protection and improvement of water quality, flood
prevention, fisheries,aquatic habitat, wildlife habitat,and recreational opportunities;and
WHEREAS,this Conservation Easement from Grantor to Grantee has been negotiated,
arranged and provided for as a condition of a full delivery contract between KCI Technologies
Inc., 4505 Falls of Neuse Road, Suite 400, Raleigh NC 27609 and the North Carolina
Department of Environmental Quality, to provide stream, wetland and/or buffer mitigation
pursuant to the North Carolina Department of Environmental Quality Purchase and Services
Contract Number 7874-01.
WHEREAS,The State of North Carolina is qualified to be the Grantee of a Conservation
Easement pursuant to N.C. Gen. Stat. § 121-35;and
WHEREAS, the Department of Environment and Natural Resources and the United
States Army Corps of Engineers, Wilmington District entered into a Memorandum of
Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU
recognized that the Wetlands Restoration Program was to provide effective compensatory
mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring,
enhancing and preserving the wetland and riparian areas of the State; and
WHEREAS,the Department of Environment and Natural Resources,the North Carolina
Department of Transportation and the United States Army Corps of Engineers, Wilmington
District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in
Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services
(formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by
effective protection of the land, water and natural resources of the State by restoring, enhancing
and preserving ecosystem functions; and
WHEREAS, the Department of Environment and Natural Resources, the U.S. Army
Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife
Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of
Water Quality, the North Carolina Division of Coastal Management, and the National Marine
Fisheries Service entered into an agreement to continue the In-Lieu Fee operations of the North
Carolina Department of Natural Resources' Division of Mitigation Services(formerly Ecosystem
Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces
the previously effective MOA and MOU referenced above;and
WHEREAS, the acceptance of this instrument for and on behalf of the State of North
Carolina was granted to the Department of Administration by resolution as approved by the
Governor and Council of State adopted at a meeting held in the City of Raleigh,North Carolina,
on the 8d'day of February 2000; and
WHEREAS, the Division of Mitigation Services in the Department of Environmental
Quality(formerly Department of Environment and Natural Resources),which has been delegated
the authority authorized by the Governor and Council of State to the Department of
Administration,has approved acceptance of this instrument; and
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WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being
in North Brook Township, Lincoln County, North Carolina (the "Property"), and being more
particularly described as that certain parcels of land containing approximately 104.636 acres
being more particularly described on"Exhibit B"attached hereto and incorporated herein;and
WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access
over the herein described areas of the Property, thereby restricting and limiting the use of the
areas of the Property subject to the Conservation Easement to the terms and conditions and
purposes hereinafter set forth,and Grantee is willing to accept said Easement and Access Rights.
The Conservation Easement shall be for the protection and benefit of the waters of the Broad
River.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation
Easement and Right of Access together with an access easement to and from the Conservation
Easement Area described below.
The Conservation Easement Area consists of the following:
Conservation Easement #1 containing a total of 3.824 acres and Conservation Easement #2
containing a total of 8.483 acmes and Conservation Easement#3 containing a total of 2.564 acres
and Conservation Easement #4 containing a total of 2.873 acres and Conservation Easement #5
containing a total of 3.141 acres as shown on the plats of survey entitled "Final Plat,
Conservation Easement for State of North Carolina Department of Environmental Quality
Division of Mitigation Services, Project Name: Yarbro Stream Restoration Site, DMS Project
No.100136, SPO File No. 55-AB, 55-AC, North Brook Township, Lincoln County, North
Carolina", dated September 17, 2020 by James M. Gellenthin, PLS Number L-3860 and
recorded in the Lincoln County,North Carolina Register of Deeds at Plat Book 21 Page 49.
See attached"Exhibit A", Legal Description of area of the Property hereinafter referred to as the
"Conservation Easement Area"
The purposes of this Conservation Easement are to maintain, restore, enhance, construct,
create and preserve wetland and/or riparian resources in the Conservation Easement Area that
contribute to the protection and improvement of water quality, flood prevention, fisheries,
aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the
Conservation Easement Area in its natural condition, consistent with these purposes; and to
prevent any use of the Easement Area that will significantly impair or interfere with these
purposes. To achieve these purposes,the following conditions and restrictions are set forth:
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BK 3115 PG 575 DQC#644020
I. DURATION OF EASEMENT
Pursuant to law, including the above referenced statutes, this Conservation Easement and
Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the
use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against
Grantor's heirs, successors and assigns,personal representatives,agents, lessees,and licensees.
II. ACCESS EASEMENT
Grantor hereby grants and conveys unto Grantee, its employees, agents, successors and
assigns, a perpetual, non-exclusive easement for ingress and egress over and upon the Property
at all reasonable times and at such location as practically necessary to access the Conservation
Easement Area for the purposes set forth herein ("Access Easement"). This grant of easement
shall not vest any rights in the public and shall not be construed as a public dedication of the
Access Easement. Grantor covenants, represents and warrants that it is the sole owner of and is
seized of the Property in fee simple and has the right to grant and convey this Access
Easement.
III. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES
The Conservation Easement Area shall be restricted from any development or usage that
would impair or interfere with the purposes of this Conservation Easement. Unless expressly
reserved as a compatible use herein, any activity in, or use of the Conservation Easement Area
by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement.
Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee.
Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation
credits, including but not limited to, stream, wetland, and riparian buffer mitigation units,
derived from each site within the area of the Conservation Easement, are conveyed to and belong
to the Grantee. Without limiting the generality of the foregoing, the following specific uses are
prohibited, restricted,or reserved as indicated:
A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational
uses, including hiking, bird watching, hunting and fishing, and access to the Conservation
Easement Area for the purposes thereof
B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is
prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey
plat.
C. Educational Uses. The Grantor reserves the right to engage in and permit others to
engage in educational uses in the Conservation Easement Area not inconsistent with this
Conservation Easement, and the right of access to the Conservation Easement Area for such
purposes including organized educational activities such as site visits and observations.
Educational uses of the property shall not alter vegetation,hydrology or topography of the site.
D. Damage to Vegetation. Except within Crossing Areas) as shown on the recorded
survey plat and as related to the removal of non-native plants, diseased or damaged trees, or
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BK 3115 PG 576 DOC#644020
vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or
natural habitat, all cutting, removal,mowing,harming, or destruction of any trees and vegetation
in the Conservation Easement Area is prohibited.
E. Industrial, Residential and Commercial Uses. All industrial, residential and
commercial uses are prohibited in the Conservation Easement Area.
F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement
Area including any use for cropland,waste lagoons,or pastureland.
G. New Construction. There shall be no building, facility, mobile home, antenna, utility
pole,tower,or other structure constructed or placed in the Conservation Easement Area.
FL Roads and Trails. There shall be no construction or maintenance of new roads, trails,
walkways,or paving in the Conservation Easement.
All existing roads,trails and crossings within the Conservation Easement Area shall be shown on
the recorded survey plat.
L Signs. No signs shall be permitted in the Conservation Easement Area except
interpretive signs describing restoration activities and the conservation values of the
Conservation Easement Area, signs identifying the owner of the Property and the holder of the
Conservation Easement, signs giving directions,or signs prescribing rules and regulations for the
use of the Conservation Easement Area.
J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement
Area is prohibited.
K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling,
excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel,
rock,peat,minerals, or other materials.
L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting
the diversion of surface or underground water in the Conservation Easement Area. No altering
or tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the
Conservation Easement Area is prohibited. in the event of an emergency interruption or
shortage of all other water sources, water from within the Conservation Easement Area may
temporarily be withdrawn for good cause shown as needed for the survival of livestock on the
Property.
M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision,
partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the
Grantor in fee simple ("fee") that is subject to this Conservation Easement is allowed. Any future
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BK 3115 PG 577 DOC#644020
transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the
Grantee's right of unlimited and repeated ingress and egress over and across the Property to the
Conservation Easement Area for the purposes set forth herein.
N. Development Rights. All development rights are permanently removed from the
Conservation Easement Area and are non-transferrable.
U. Disturbance of Natural Features. Any change, disturbance,alteration or impairment of
the natural features of the Conservation Easement Area or any intentional introduction of non-
native plants,trees and/or animal species by Grantor is prohibited.
The Grantor may request permission to vary from the above restrictions for good cause
shown, provided that any such request is not inconsistent with the purposes of this Conservation
Easement, and the Grantor obtains advance written approval from the Division of Mitigation
Services, 1652 Mail Services Center,Raleigh,NC 27699-1652.
IV. GRANTEE RESERVED USES
A. Right of Access, Construction, and Inspection. The Grantee, its employees, agents,
successors and assigns, shall have a perpetual Right of Access over and upon the Conservation
Easement Area to undertake or engage in any activities necessary to construct,maintain,manage,
enhance, repair, restore, protect, monitor and inspect the stream, wetland and any other riparian
resources in the Conservation Easement Area for the purposes set forth herein or any long-term
management plan for the Conservation Easement Area developed pursuant to this Conservation
Easement.
B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous
vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and
prepare the soil, modification of the hydrology of the site, and installation of natural and
manmade materials as needed to direct in-stream,above ground, and subterraneous water flow.
C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted
to place signs and witness posts on the Property to include any or all of the following: describe
the project, prohibited activities within the Conservation Easement, or identify the project
boundaries and the holder of the Conservation Easement.
D. Fences. Conservation Easements are purchased to protect the investments by the State
(Grantee)in natural resources.Livestock within conservations easements damages the
investment and can result in reductions in natural resource value and mitigation credits which
would cause financial harm to the State.Therefore,Landowners (Grantor)with livestock are
required to restrict livestock access to the Conservation Easement area.Repeated failure to do so
may result in the State(Grantee)repairing or installing livestock exclusion devices(fences)
within the conservation area for the purpose of restricting livestock access. In such cases,the
landowner(Grantor)must provide access to the State(Grantee)to make repairs,
E. Crouing Area(s). The Grantee is not responsible for maintenance of crossing area(s),
however, the Grantee, its employees and agents, successors or assigns,reserve the right to repair
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crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if
such repairs are needed as a result of activities of the Grantor,his successors or assigns.
V. ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is
allowed to prevent any activity within the Conservation Easement Area that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or
features in the Conservation Easement Area that may have been damaged by such unauthorized
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the
Grantee shall, except as provided below, notify the Grantor in writing of such breach and the
Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by
such breach. If the breach and damage remains uncured after ninety (90) days,the Grantee may
enforce this Conservation Easement by bringing appropriate legal proceedings including an
action to recover damages,as well as injunctive and other relief. The Grantee shall also have the
power and authority, consistent with its statutory authority: (a)to prevent any impairment of the
Conservation Easement Area by acts which may be unlawful or in violation of this Conservation
Easement; (b) to otherwise preserve or protect its interest in the Property; or(c)to seek damages
from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the
immediate right, without notice, to obtain a temporary restraining order, injunctive or other
appropriate relief, if the breach is or would irreversibly or otherwise materially impair the
benefits to be derived from this Conservation Easement, and the Grantor and Grantee
acknowledge that the damage would be irreparable and remedies at law inadequate. The rights
and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all
other rights and remedies available to Grantee in connection with this Conservation Easement.
B. Inspection. The Grantee, its employees and agents, successors and assigns, have the
right, with reasonable notice, to enter the Conservation Easement Area over the Property at
reasonable times for the purpose of inspection to determine whether the Grantor is complying
with the terms,conditions and restrictions of this Conservation Easement.
C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement
shall be construed to entitle Grantee to bring any action against Grantor for any injury or change
in the Conservation Easement Area caused by third parties, resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from
any prudent action taken in good faith by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to life or damage to the Property resulting from such causes.
D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs
incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor,
including,without limitation,any,costs of restoration necessitated by Grantor's acts or omissions
in violation of the terms of this Conservation Easement,shall be borne by Grantor.
E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance,delay or omission by Grantee to exercise its rights hereunder in the event of any
breach of any term set forth herein shall not be construed to be a waiver by Grantee.
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BK 3115 PG 579 DOC#644020
VI. MISCELLANEOUS
A. This instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement. If any provision is found to be invalid, the
remainder of the provisions of the Conservation Easement, and the application of such provision
to persons or circumstances other than those as to which it is found to be invalid, shall not be
affected thereby.
B. Grantor is responsible for any real estate taxes, assessments, fees,or charges levied upon
the Property. Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly
provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property
are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits that may apply to
the exercise of the Reserved Rights.
C. Any notices shall be sent by registered or certified mail, return receipt requested to the
parties at their addresses shown herein or to other addresses as either party establishes in writing
upon notification to the other.
D. Grantor shall notify Grantee in writing of the name and address and any party to whom
the Property or any part thereof is to be transferred at or prior to the time said transfer is made.
Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any
interest in the Property is conveyed is subject to the Conservation Easement herein created.
E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive
any merger of the fee and easement interests in the Property or any portion thereof.
F. This Conservation Easement and Right of Access may be amended, but only in writing
signed by all parties hereto, or their successors or assigns, if such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any applicable
laws, and is consistent with the purposes of the Conservation Easement. The owner of the
Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing
sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any
request to void or modify this Conservation Easement. Such notifications and modification
requests shall be addressed to:
Division of Mitigation Services Program Manager
NC State Property Office
1321 Mail Service Center
Raleigh,NC 27699-1321
and
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BK 3115 PG 580 DOC#644020
General Counsel
US Army Corps of Engineers
69 Darlington Avenue
Wilmington,NC 28403
G. The parties recognize and agree that the benefits of this Conservation Easement are in
gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in
the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the
Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the
transfer or assignment will be such that the transferee or assignee will be required to continue in
perpetuity the conservation purposes described in this document.
VII. QUIET ENJOYMENT
Grantor reserves all remaining rights accruing from ownership of the Property,including
the light to engage in or permit or invite others to engage in only those uses of the Conservation
Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not
inconsistent with the purposes of this Conservation Easement. Without limiting the generality of
the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and
licensees, the right of access to the Conservation Easement Area, and the right of quiet
enjoyment of the Conservation Easement Area,
TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of
North Carolina for the aforesaid purposes,
AND Grantor covenants that Grantor is seized of the Property in fee and has the right to
convey the permanent Conservation Easement herein granted; that the same is free from
encumbrances and that Grantor will warrant and defend title to the same against the claims of all
persons whomsoever.
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IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
Saki, 'R. ,4) (SEAL)
Buddy N. r arbro
I aLC. (6/. (SEAL)
Nell W.Yarbro
ii( .
C.5E)Vel (SEAL)
Cringer 1' brc, cover
RLZ (SEAL)
Phillip A.Hoover
r - •bie Y: . I;I/ohnson
NORTH CAROL
COUNTY OF
4Aftv
I, . „ - . a Notary Public in and for,,t/i,County and State
aforesaid, do h y certify that �/, . Grantor, personally
appeared before me this day and aclutowledg the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 75
day of i ,20Z/ .
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Notary Public ��• Go�F r��
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My commission expires: County
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BK 3115 PG 582 DOC#644020
NORTH CAROLINA
COUNTY OF 4
a Notary Public in and for Af�ounty and State
aforesaid, do hereby certify that .4,4i/1 ii.i AL- , 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 Z5' day
of ,(/ fie,. ,20 Z/ .
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NORTH CAROLINA
COUNTY OF Lt,
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I, U , a Notary Public in and for County and State
aforesaid, do hereby certify that a 1; . ,' raptor, personally
appeared before me this day and owledged the execution of is foregoing instrument. IN
WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the ly day
of (m, ,20 Z/ . ,,,,►►►1111UIJllrr1,1
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Not lic I C Cabarrue •
County
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NORTH CAROLIN-
COUNTY OF ✓.,,,
I, , �.�/li' 4.. a Notary Public in for ounty and State
aforesaid, do hereby certify that --- G_ _ ,� �� 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 7_f day
of mi.fy ,20 Z! • ,,,,►titnrrrrrirri
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BK 3115 PG 583 DOC# 644020
Exhibit A
Legal Description of area of the Property hereinafter referred to as the"Conservation Easement
Area"
CONSERVATION EASEMENT #2
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY BUDDY NELSON YARBRO LIFE ESTATE(TAX PIN 2655583991,TAX
PIN 2655597445,TAX PIN 2655694592 AND TAX PIN 2655683881)AS RECORDED IN BOOK 2773,PAGE
261,LOCATED IN NORTH BROOK TOWNSHIP,LINCOLN COUNTY,NORTH CAROLINA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X=1,255,197.30 AND Y=658,217.40;THENCE RUNNING N 65°13'56"
E FOR A DISTANCE OF 704.33 r 1 TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.5,SAID REBAR
BEING THE POINT OF BEGINNING;
THENCE N 1°39'51"W,A DISTANCE OF 88.94 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
12;
THENCE N 16°39'55"W,A DISTANCE OF 389.59 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP
NO. 13;
THENCE N 20°32'05"W,A DISTANCE OF 6I7.41 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP
NO. 14;
THENCE N 5°09'55"E,A DISTANCE OF 265.86 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
15;
THENCE N 6°13'05"W,A DISTANCE OF 143.32 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
16;
THENCE S 87°26'21"E,A DISTANCE OF 344.95 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
17;
THENCE S 38°32'24"W,A DISTANCE OF 292.64 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
18;
THENCE S 10°29'47"E,A DISTANCE OF 97.40 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
19;
THENCE S 26°48'36"E,A DISTANCE OF 229.24 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
20;
THENCE S 16°0577"E,A DISTANCE OF 377.32 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
21;
THENCE N 79°05'16"E,A DISTANCE OF 373.88 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
22;
THENCE S 9°04'47"E,A DISTANCE OF 130.12 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
23;
THENCE S 75°08'53"W,A DISTANCE OF 335.86 Fhb l TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
24;
THENCE S 16°33'13"E,A DISTANCE OF 193.59 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
25;
THENCE S 5°27'14"E,A DISTANCE OF 229.75 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
7;
THENCE N 85°04'23"W,A DISTANCE OF 88.76 FEET TO AN AXLE;
THENCE N 85°04'23"W,A DISTANCE OF 117.52 FEET TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 369,506 SQUARE FEET OR 8.483 ACRES MORE OR LESS.
CONSERVATION EASEMENT #3
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BK 3115 PG 584 DOC# 644020
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY BUDDY NELSON YARBRO LIFE ESTATE(TAX PIN 2656507381)AS
RECORDED IN BOOK 2773,PAGE 261,LOCATED IN NORTH BROOK TOWNSHIP,LINCOLN COUNTY,
NORTH CAROLINA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X=1,255,197.30 AND Y—658,217.40;THENCE RUNNING N 8°54'38"E
FOR A DISTANCE OF 1,826.27 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.26,SAID REBAR
BEING THE POINT OF BEGINNING;
THENCE N 23°15'30"W,A DISTANCE OF 244.64 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP
NO.27;
THENCE N 30°56'19"W,A DISTANCE OF 218.48 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP
NO.28;
THENCE N I 1°02'51"W,A DISTANCE OF 353.47 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP
NO.29;
THENCE S 81°57'05"E,A DISTANCE OF 135.85 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
30;
THENCE S 13°56'44"E,A DISTANCE OF 305.41 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
31;
THENCE S 32°50'08"E,A DISTANCE OF 154.06 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
32;
THENCE S 23°28'03"E,A DISTANCE OF 350.06 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
33;
THENCE N 87°2621"W,A DISTANCE OF 154.55 FEET TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 111,704 SQUARE FEET OR 2.564 ACRES MORE OR LESS.
CONSERVATION EASEMENT#4
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY BUDDY NELSON YARBRO LIFE ESTATE(TAX PIN 2656507381)AS
RECORDED IN BOOK 2773,PAGE 261,LOCATED IN NORTH BROOK TOWNSHIP,LINCOLN COUNTY,
NORTH CAROLINA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X= 1,255,197.30 AND Y—658,217.40;THENCE RUNNING N 17°00'12"
E FOR A DISTANCE OF 1,874.30 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.34,SAID
REBAR BEING THE POINT OF BEGINNING;
THENCE N 11°45'23"E,A DISTANCE OF 153.89 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
35;
THENCE N 13°59'45"E,A DISTANCE OF 330.30 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
36;
THENCE N 8°51'04"E,A DISTANCE OF 235.41 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
37;
THENCE S 81°57'05"E,A DISTANCE OF 54.84 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
38;
THENCE S 81°53'53"E,A DISTANCE OF 110.15 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
39;
THENCE S 4°00'49"W,A DISTANCE OF 238.60 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
40;
THENCE S 14°18'00"W,A DISTANCE OF 320.31 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
41;
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BK 3115 PG 585 DOC#644020
THENCE S 28°30'20"W.A DISTANCE OF 157.51 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
42;
THENCE N 87°26'21"W,A DISTANCE OF 139.96 FEET TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 125,134 SQUARE FEET OR 2.873 ACRES MORE OR LESS.
CONSERVATION EASEMENT #5
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY BUDDY NELSON YARBRO LIFE ESTATE(TAX PIN 2655597445 AND
TAX PIN 2655694592)AS RECORDED IN BOOK 2773,PAGE 261,LOCATED IN NORTH BROOK
TOWNSHIP,LINCOLN COUNTY,NORTH CAROLINA AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X=1,255,197.30 AND Y—658,217.40;THENCE RUNNING N 29°12'30"
E FORA DISTANCE OF 1,321.05 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.43,SAID
REBAR BEING THE POINT OF BEGINNING;
THENCE N 58°24'00"E,A DISTANCE OF 145.22 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
44;
THENCE N 52°50'52"E,A DISTANCE OF 262.41 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
45;
THENCE N 64°21'00"E,A DISTANCE OF 321.85 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
46;
THENCE S 73°12'34"E,A DISTANCE OF 42.14 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
47;
THENCE N 64°42'20"E,A DISTANCE OF 252.86 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
48;
THENCE S 24°50'42"E,A DISTANCE OF 86.67 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
49;
THENCE S 45°51'37"W,A DISTANCE OF 148.09 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
50;
THENCE S 83°57'06"W,A DISTANCE OF 73.53 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
51;
THENCE S 65°14'14"W,A DISTANCE OF 384.11 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
52;
THENCE S 48°56'04"W,A DISTANCE OF 227.61 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
53;
THENCE S 56°58'14"W,A DISTANCE OF 220.81 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
54;
THENCE N 16°05'27"W,A DISTANCE OF 156.68 FEET TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 136,825 SQUARE FEET OR 3.141 ACRES MORE OR LESS.
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BK 3115 PG 586 DOC# 644020
Exhibit B—Parent Tracts
BEING ell that certain parcel of land located in North Brook Township,Lincoln County,and being more pa tculerly
descrited in accordance with an actual survey prepared by Carpenter Land Surveying,PA,dated August 25,
1998,as blows:
BEGINNING at an axle on the bank of Buffalo Creek,a comer with RaymondN.Yarbro,and runs from said
Beginning point two lines with Raymond Yerbro as follows:Nash 53 deg.08 min.30 sec.East 339.86 feet to an
ice;thence South 83 deg.28 min.06 sec.East 858.94 feet to an Iron,in tie line of Connie B.Houser,thence with
the line of Carmie B.Houser South 14 deg.05 min.48 sec,West 843.50 feet to a atone,a common carter of
Carrie B.Houser,Kenneth F.Sain,and Joseph F.Salt and runs thence North 85 deg.02 min.50 eec.West
855.43 feet to an aide on the bank at ford of seek(said point bektg located North 69 deg.21 mil.27 sec.East
808.92 feet firm a monument on the west side of the pavement of N.C.Highway No.27);thence with Buffalo Creek
North 14 deg.40 min.39 sec.West 459.10 feet to the point of BEGINNING,contalnig 14.418 Acres.
Being the same and identical property devised b the Grantor by the Witf of Wafter Ed Sail,duly probated in Fie
No.93 E 190 in the Office of the Clerk of Superior Court for Lincoln County.
Title Reference:See Deed Book 1087 at Page 82 of the Lincoln County Registry.
Parcel No.59379
BEGINNING at a stone,BA Sail's corner near No.27 Highway,and runs thence South 86 deg.East • poles to a
atone. the aeek;thence North 14-114 deg.West 28-112 pubs to a statue on East side of branch;thence a new lire
North 32 deg.West 10-114 poles to a stake,thence North 81 deg.West 51 poles to a stale,thence South 09 deg.
West 40,3/4 poles to the BEGINNING,containing 14-114 Acres,more or less,by a survey made by W.J.T.Styree,
Surveyor,which count end survey al parties hereto agree as correct
Title Reference:See Deed Book 2017 at Page 232 of the Lincoln County Registry.
Parcel No.10157
BEING all that certain parcel or lot of land situate,lying and being in North Brook Township,Lincoln County,North
Carolina,and being more particularly described by mete and bounds In accordance with an actual survey prepared
by Hoke S.Hemmer,Registered Surveyor,dated September 28,1964,es follows:
BEGINNING at a control stone,a common corner with W.A.Sate and Raymond Yarbro and runs from said
Beginning point with Raymond Yarbro's property South 20 deg.30 min.East 909 feet to a stake in Ed Sail's be;
thence two(2)fines with Ed Sate as follows:North 55 deg.30 min.East 78 feet to an iron;thence South 81 deg.
East 841.5 feet to a comer in the canter of a farm road,a common comer with Ed Saar and A.C. Anton;thence
with the center of the farm road and with A.C.Blantan's tine North 13 deg.30 min.East 866 feet b a point in the
road in A.C.Blanton's line,a new comer with W.A. Sain;thence a new Ins in W.A.Sail's property North 88 deg.
30 min.West(passing an on stake 50 feet from the corner)1,436.3 feet to the point of BEGINNING,containing
21.87 Acres.
The foregoing being past of and carved out of the Southern part of a 51.75 acre tract which is recorded in Book 168
at Page 179 in the Lincoln County Public Registry.
Title Reference:See Deed Book 1412 at Page 703 of the Lincoln County Registry.
Parcel No.12041
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BK 3115 PG 587 DOC#644020
Being all that tract or parcel of land lying and being in North Brook Township,Lincoln County,North Cantina,and
being more particularly descrbed as blows:
BEGINNING at an old oonVool stone corner in Raymond Yarbro's has,and runs from said Beginning point with
Raymond Yarbro North 88 deg.30 min.East 386.7 feet b a stake on Raymond Yarbro's line,a new corner with
Dwight Sale;thence five(5)new lines with Dwight Sala as lobo:North 29 deg.East 128.5 feet to a stake;due
East 380 feet b a stake;North 06 deg.22 ruin.East 212 feet b a stake;North 51 deg.35 min.East 162.5 feet b a
stake;North 23 deg.15 min.East 240 feet b a stake,another new comer;thence three(3)more new gyres with
Night Sain as follows:North 82 deg.35 min.West 1735 feet to a statue;Saab 15 deg.27 min.West 58D feet to
stake;thence South 11 deg.08 min.East 228 feet to a stye in the old line of Raymond Yarbro,a new caner with
Dwight Sain;thence with Raymond Yarbro's property South 83 deg.26 min.East 721 feet b the point of
BEGINNING,containing 27.10 acres.
The foregoing is carved out of the Southeastern portion of a tract of land as described in Deed recorded in Book
168 at Page 179 in the Lincoln County Public Registry.
Title Reference:See Deed Book 1412 al Page 703 of the Lirtcoin County Registry.
Parcel No.12042
Being bounded on the South by the lands of Jess Houser,on the East by the lands of W.A.Sawn,on the North by
the lands of W.A.Sain and on the West by the lands of Raymond N.Yatbro and described by metes and bounds
es follows
BEGINNING at a stake or poplar,Raymond N.Yarbro and Jess Houser's corner,and runs thence with Houser's
Was North 55 deg.30 min.East 288.5 feet b a stairs in the Houser and W.A.Saint line;thence a new ins North 20
deg.30 min.West 909 feet b a stone in W.A.Sake old lne;thence with said Fara South 31 deg.West 134 feet to a
stoic.,Just North of a broth;thence with the meanders of the branch South 46 deg.West 165 Stet to a poplar,old
caner,Just West of the branch;thence South 00 deg.30 min.East 297 feet to a statue,Just West d the brsn
thence South 36 deg.East 301 feet to a stake,Just West d the branch;thence South 19 deg.East 86.5 feet b a
stake,Just West of the branch;thence South 32 deg.East 170 feet crossing the branch to the point of BEGINNING,
containing 5.95 Acres,more or less,according to a survey of said property made by Hoke S.Heavner,Surveyor,
dated March 31, 1955.Said tract above described being a part of that certain tract of land which was conveyed b
W.A.Sah and wife,Do*ie Salo,by Wade Boyles,widow,et al,by deed dated September 21,1934,and recorded
in the Office of the Register of Deeds for Lincoln County,NC in Deed Book 168 at Page 179 and reference is
hereby had to said deed and the record thereof for further identification and description of said lot herein conveyed.
Idle Reference:See Deed Book 1726 at Page 725 of the Lincoln County Registry.
Parcel No. 12038
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BK 3115 PG 588 000#644020
BEING all that certain piece,parcel or tract of land situate,lying end being in North Brook To mihip,Lincoln
County,North Carolina,and being bounded on the North by the lands of Raymond Yarbrough and MlrhNe Houser;
on the East by the lands of Raymond Ywbro gh;on the South by Walter Ed San;and on the West by the lands of
Elbe Bingham,and baling more psricularty defined and described by metes and bounds in accordance will a
natural survey as made by Ambrose Hoyt as foams:
BEGINNING at a atone,the old corner,Raymond Yarbrough corner,and nuts thence North 11 deg.East 44 poles
to a stake,Raymond Yarbrough comer and B.A.Sain old corner,and nits thence South 81-1/2 deg.East 51-1f2
poles b a stake in the seek,Wills Sate and B.A.Salo carter,and runs thence North 33-112 deg.West 20 pots b
a maple,corner of B.A.Sear and WM Saki;thence North 01 deg.East 18 poles b a poplw,B.A.San end W.A.
Sabin corner;thence North 43 deg.East 18 poles to a stone,W.A.Saint and B.A.Saki comer;thence North 81-112
deg.West 19-3/4 pc+ts b a stake,comer of B.A.San and W.A.Sean;thence South 42 deg.Weston pole b a
stake in the old line;thence North 82-1/2 deg.West 44.12 poles to a stake;thence South 5-1/2 deg.West 821/2
poles b a stake on the bwr k of State Highway No.27 in the old Inc thence South 52 deg.Fast 32.213 poles b a
stake in said Highway,W.A.Sala and Bertha Saks Yarbrough corner,thence North 24-1/2 deg.East 9-11/12 poles
to a stake in the old Dna;thence with the old line North 87 deg.West 12.1t3 pats to the point of BEGINNING,
containkig 21.114 Acres,more or less.
Title Reference:See Deed Book 1726 at Page 725 of the Lincoln County Registry.
Parcel No.12039
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BK 3115 PG 589 - 606 (18)
This document presented and filed:
12/09/2021 09:07:41 AM
DEED
Fee$38.00 Transfer Tax.$483 00
844021IUlWhIIrii!l
3p e0 C le Lincoln County North Carolina
UU )J Danny R. Hester, Register of Deeds
JY(d wP t1 -fh & rristil
STATE OF NORTH CAROLINA DEED OF CONSERVATION EASEMENT
r ,ei 3e `Ta t r dr _ 0O AND RIGHT OF ACCESS PROVIDED
C�( 1 `� PURSUANT TO
FULL DELIVERY
MITIGATION CONTRACT
LINCOLN COUNTY
SPO File Number:55-AC
DMS Project Number: 100136
Prepared by: Office of the Attorney General
Property Control Section
Return to:NC Department of Administration
State Property Office
1321 Mail Service Center
Raleigh,NC 27699-1321
THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS,made
this 23'11 day of November, 2021, by VERTIE LEE SAIN, widow; ASHLEY LORANCE,
GUARDIAN AD LITEM FOR VERTIE LEE SAIN; GAY SAIN and spouse, THERESA
MOORE; GREGORY M. PARKS,GUARDIAN AD LITEM FOR THE UNBORN CHILDREN
OF GAY SAIN (collectively, "Grantors"), whose mailing address is 8294 West NC 27
Highway, Vale NC 28168; to the STATE OF NORTH CAROLINA("Grantee"), whose mailing
address is State of North Carolina, Department of Administration, State Property Office, 1321
Mail Service Center, Raleigh, NC 27699-1321. The designations of Grantor and Grantee as
used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular,plural,masculine, feminine,or neuter as required by context.
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 g IQ.the State
of North Carolina has established the Division of Mitigation Services (formerly known as the
Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of
Environmental Quality (formerly Department of Environment and Natural Resources) for the
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BK 3115 PG 590 DOC# 644021
purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and
riparian resources that contribute to the protection and improvement of water quality, flood
prevention,fisheries,aquatic habitat,wildlife habitat, and recreational opportunities;and
WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated,
arranged and provided for as a condition of a full delivery contract between KCI Technologies
Inc., 4505 Falls of Neuse Road, Suite 400, Raleigh NC 27609 and the North Carolina
Department of Environmental Quality, to provide stream, wetland and/or buffer mitigation
pursuant to the North Carolina Department of Environmental Quality Purchase and Services
Contract Number 7874-01.
WHEREAS,The State of North Carolina is qualified to be the Grantee of a Conservation
Easement pursuant to N.C. Gen. Stat. § 121-35;and
WHEREAS, the Department of Environment and Natural Resources and the United
States Army Corps of Engineers, Wilmington District entered into a Memorandum of
Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU
recognized that the Wetlands Restoration Program was to provide effective compensatory
mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring,
enhancing and preserving the wetland and riparian areas of the State;and
WHEREAS,the Department of Environment and Natural Resources,the North Carolina
Department of Transportation and the United States Army Corps of Engineers, Wilmington
District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in
Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services
(formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by
effective protection of the land,water and natural resources of the State by restoring, enhancing
and preserving ecosystem functions; and
WHEREAS, the Department of Environment and Natural Resources, the U.S. Army
Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife
Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of
Water Quality, the North Carolina Division of Coastal Management, and the National Marine
Fisheries Service entered into an agreement to continue the In-Lieu Fee operations of the North
Carolina Department of Natural Resources' Division of Mitigation Services(formerly Ecosystem
Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces
the previously effective MOA and MOU referenced above;and
WHEREAS, the acceptance of this instrument for and on behalf of the State of North
Carolina was granted to the Department of Administration by resolution as approved by the
Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina,
on the 8th day of February 2000;and
WHEREAS, the Division of Mitigation Services in the Department of Environmental
Quality(formerly Department of Environment and Natural Resources),which has been delegated
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BK 3115 PG 591 DOC#644021
the authority authorized by the Governor and Council of State to the Department of
Administration,has approved acceptance of this instrument; and
WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being
in North Brook Township, Lincoln County, North Carolina (the "Property"), and being more
particularly described as that certain parcels of land containing approximately 92.91 acres being
more particularly described on"Exhibit B"attached hereto and incorporated herein;
WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access
over the herein described areas of the Property, thereby restricting and limiting the use of the
areas of the Property subject to the Conservation Easement to the terms and conditions and
purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights.
The Conservation Easement shall be for the protection and benefit of the waters of the Broad
and
WHEREAS, this instrument is executed and delivered, in part, pursuant to that certain
Order Granting Petition Under N.C.G.S. § 41-11 and Order Approving Sale dated October 20,
2021,in file no. 21-SP-101 in the Office of the Clerk of Superior Court of Lincoln County,North
Carolina;
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation
Easement and Right of Access together with an access easement to and from the Conservation
Easement Area described below.
The Conservation Easement Area consists of the following:
Conservation Easement #6 containing a total of 5.839 acres and Conservation Easement #7
containing a total of 5.791 acres and Conservation Easement #8 containing a total of 0.541
acres as shown on the plats of survey entitled "Final Plat, Conservation Easement for State of
North Carolina Department of Environmental Quality Division of Mitigation Services, Project
Name: Yarbro Stream Restoration Site, DMS Project No.100136, SPO File No. 55-AB, 55-AC,
North Brook Township, Lincoln County, North Carolina", dated September 17, 2020 by James
M, Gellenthin, PLS Number L-3860 and recorded in the Lincoln County, North Carolina
Register of Deeds at Plat Book 21 Page 49.
See attached"Exhibit A", Legal Description of area of the Property hereinafter referred to as the
"Conservation Easement Area"
The purposes of this Conservation Easement are to maintain, restore, enhance, construct,
create and preserve wetland and/or riparian resources in the Conservation Easement Area that
contribute to the protection and improvement of water quality, flood prevention, fisheries,
aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the
Conservation Easement Area in its natural condition, consistent with these purposes; and to
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BK 3115 PG 592 DOC#644021
Conservation Easement Area in its natural condition, consistent with these purposes; and to
prevent any use of the Easement Area that will significantly impair or interfere with these
purposes. To achieve these purposes,the following conditions and restrictions are set forth:
I. DURATION OF EASEMENT
Pursuant to law, including the above referenced statutes,this Conservation Easement and
Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the
use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against
Grantor's heirs,successors and assigns,personal representatives,agents, lessees,and licensees.
II. ACCESS EASEMENT
Grantor hereby grants and conveys unto Grantee, its employees, agents, successors and
assigns, a perpetual, non-exclusive easement for ingress and egress over and upon the Property
at all reasonable times and at such location as practically necessary to access the Conservation
Easement Area for the purposes set forth herein ("Access Easement"). This grant of easement
shall not vest any rights in the public and shall not be construed as a public dedication of the
Access Easement. Grantor covenants, represents and warrants that it is the sole owner of and is
seized of the Property in fee simple and has the right to grant and convey this Access
Easement.
III. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES
The Conservation Easement Area shall be restricted from any development or usage that
would impair or interfere with the purposes of this Conservation Easement. Unless expressly
reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area
by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement.
Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee.
Any rights not expressly reserved hereunder by the Grantor,including the rights to all mitigation
credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units,
derived from each site within the area of the Conservation Easement, are conveyed to and belong
to the Grantee. Without limiting the generality of the foregoing,the following specific uses are
prohibited,restricted,or reserved as indicated:
A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational
uses, including hiking, bird watching, hunting and fishing and access to the Conservation
Easement Area for the purposes thereof.
B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is
prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey
plat.
C. Educational Uses. The Grantor reserves the right to engage in and permit others to
engage in educational uses in the Conservation Easement Area not inconsistent with this
Conservation Easement, and the right of access to the Conservation Easement Area for such
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purposes including organized educational activities such as site visits and observations.
Educational uses of the property shall not alter vegetation,hydrology or topography of the site.
D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded
survey plat and as related to the removal of non-native plants, diseased or damaged trees, or
vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or
natural habitat,all cutting,removal, mowing,harming, or destruction of any trees and vegetation
in the Conservation Easement Area is prohibited.
E. Industrial, Residential and Commercial Uses. All industrial, residential and
commercial uses are prohibited in the Conservation Easement Area.
F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement
Area including any use for cropland,waste lagoons,or pastureland.
G. New Construction. There shall be no building, facility, mobile home, antenna, utility
pole,tower,or other structure constructed or placed in the Conservation Easement Area.
H. Roads and Trails. There shall be no construction or maintenance of new roads, trails,
walkways,or paving in the.Conservation Easement.
All existing roads,trails and crossings within the Conservation Easement Area shall be shown on
the recorded survey plat.
I. Signs. No signs shall be permitted in the Conservation Easement Area except
interpretive signs describing restoration activities and the conservation values of the
Conservation Easement Area, signs identifying the owner of the Property and the holder of the
Conservation Easement,signs giving directions,or signs prescribing rules and regulations for the
use of the Conservation Easement Area.
J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement
Area is prohibited.
K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling,
excavation, dredging, mining, drilling, hydraulic fracturing, removal of topsoil, sand, gravel,
rock,peat,minerals,or other materials.
L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting
the diversion of surface or underground water in the Conservation Easement Area. No altering
or tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the
Conservation Easement Area is prohibited. In the event of an emergency interruption or
shortage of all other water sources, water from within the Conservation Easement Area may
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temporarily be withdrawn for good cause shown as needed for the survival of livestock on the
Property.
M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision,
partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the
Grantor in fee simple ("fee")that is subject to this Conservation Easement is allowed. Any future
transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the
Grantee's right of unlimited and repeated ingress and egress over and across the Property to the
Conservation Easement Area for the purposes set forth herein.
N. Development Rights. All development rights are permanently removed from the
Conservation Easement Area and are non-transferrable.
U. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any intentional introduction of non-
native plants,trees and/or animal species by Grantor is prohibited.
The Grantor may request permission to vary from the above restrictions for good cause
shown,provided that any such request is not inconsistent with the purposes of this Conservation
Easement, and the Grantor obtains advance written approval from the Division of Mitigation
Services, 1652 Mail Services Center,Raleigh,NC 27699-1652.
IV. GRANTEE RESERVED USES
A. Right of Access, Construction, and inspection. The Grantee, its employees, agents,
successors and assigns, shall have a perpetual Right of Access over and upon the Conservation
Easement Area to undertake or engage in any activities necessary to construct,maintain,manage,
enhance, repair, restore, protect, monitor and inspect the stream, wetland and any other riparian
resources in the Conservation Easement Area for the purposes set forth herein or any long-term
management plan for the Conservation Easement Area developed pursuant to this Conservation
Easement.
B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous
vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and
prepare the soil, modification of the hydrology of the site, and installation of natural and
manmade materials as needed to direct in-stream, above ground,and subterraneous water flow.
C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted
to place signs and witness posts on the Property to include any or all of the following: describe
the project, prohibited activities within the Conservation Easement, or identify the project
boundaries and the holder of the Conservation Easement.
D. Fences. Conservation Easements are purchased to protect the investments by the State
(Grantee) in natural resources. Livestock within conservations easements damages the
investment and can result in reductions in natural resource value and mitigation credits which
would cause financial harm to the State. Therefore,Landowners(Grantor)with livestock are
required to restrict livestock access to the Conservation Easement area. Repeated failure to do so
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may result in the State(Grantee)repairing or installing livestock exclusion devices(fences)
within the conservation area for the purpose of restricting livestock access.In such cases,the
landowner(Grantor)must provide access to the State(Grantee)to make repairs.
E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s),
however, the Grantee, its employees and agents, successors or assigns,reserve the right to repair
crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if
such repairs are needed as a result of activities of the Grantor,his successors or assigns.
V. ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is
allowed to prevent any activity within the Conservation Easement Area that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or
features in the Conservation Easement Area that may have been damaged by such unauthorized
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the
Grantee shall, except as provided below, notify the Grantor in writing of'such breach and the
Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by
such breach. If the breach and damage remains uncured after ninety(90)days,the Grantee may
enforce this Conservation Easement by bringing appropriate legal proceedings including an
action to recover damages, as well as injunctive and other relief, The Grantee shall also have the
power and authority, consistent with its statutory authority: (a)to prevent any impairment of the
Conservation Easement Area by acts which may be unlawful or in violation of this Conservation
Easement; (b) to otherwise preserve or protect its interest in the Property; or(c)to seek damages
from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the
immediate right, without notice, to obtain a temporary restraining order, injunctive or other
appropriate relief, if the breach is or would irreversibly or otherwise materially impair the
benefits to be derived from this Conservation Easement, and the Grantor and Grantee
acknowledge that the damage would be irreparable and remedies at law inadequate. The rights
and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all
other rights and remedies available to Grantee in connection with this Conservation Easement.
B. Inspection. The Grantee, its employees and agents, successors and assigns, have the
right, with reasonable notice, to enter the Conservation Easement Area over the Property at
reasonable times for the purpose of inspection to determine whether the Grantor is complying
with the terms, conditions and restrictions of this Conservation Easement.
C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement
shall be construed to entitle Grantee to bring any action against Grantor for any injury or change
in the Conservation Easement Area caused by third parties, resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from
any prudent action taken in good faith by the Grantor under emergency conditions to prevent,
abate,or mitigate significant injury to life or damage to the Property resulting from such causes.
D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs
incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor,
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BK 3115 PG 596 DOC#644021
including,without limitation,any costs of restoration necessitated by Grantor's acts or omissions
in violation of the terms of this Conservation Easement, shall be borne by Grantor.
E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any
breach of any term set forth herein shall not be construed to be a waiver by Grantee.
VI. MISCELLANEOUS
A. This instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement, If any provision is found to be invalid, the
remainder of the provisions of the Conservation Easement,and the application of such provision
to persons or circumstances other than those as to which it is found to be invalid, shall not be
affected thereby.
B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon
the Property. Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly
provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property
are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits that may apply to
the exercise of the Reserved Rights.
C. Any notices shall be sent by registered or certified mail, return receipt requested to the
parties at their addresses shown herein or to other addresses as either party establishes in writing
upon notification to the other.
D. Grantor shall notify Grantee in writing of the name and address and any party to whom
the Property or any part thereof is to be transferred at or prior to the time said transfer is made.
Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any
interest in the Property is conveyed is subject to the Conservation Easement herein created.
E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive
any merger of the fee and easement interests in the Property or any portion thereof.
F. This Conservation Easement and Right of Access may be amended, but only in writing
signed by all parties hereto,or their successors or assigns, if such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any applicable
laws, and is consistent with the purposes of the Conservation Easement. The owner of the
Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing
sixty(60) days prior to the initiation of any transfer of all or any part of the Property or of any
request to void or modify this Conservation Easement. Such notifications and modification
requests shall be addressed to:
Division of Mitigation Services Program Manager
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BK3115 PG 597 DOC#644021
NC State Property Office
1321 Mail Service Center
Raleigh,NC 27699-1321
and
General Counsel
US Army Corps of Engineers
69 Darlington Avenue
Wilmington,NC 28403
G. The parties recognize and agree that the benefits of this Conservation Easement are in
gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in
the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the
Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the
transfer or assignment will be such that the transferee or assignee will be required to continue in
perpetuity the conservation purposes described in this document.
WI. QUIET ENJOYMENT
Grantor reserves all remaining rights accruing from ownership of the Property, including
the right to engage in or permit or invite others to engage in only those uses of the Conservation
Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not
inconsistent with the purposes of this Conservation Easement. Without limiting the generality of
the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and
licensees, the right of access to the Conservation Easement Area, and the right of quiet
enjoyment of the Conservation Easement Area,
TO HAVE AND TO HOLD,the said rights and easements perpetually unto the State of
North Carolina for the aforesaid purposes,
AND Grantor covenants that Grantor is seized of the Property in fee and has the right to
convey the permanent Conservation Easement herein granted; that the same is free from
encumbrances and that Grantor will warrant and defend title to the same against the claims of all
persons whomsoever.
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BK 3115 PG 598 DOC# 644021
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
_�� (SEAL)
Vertie Lee Sin, Jay Sain,attorney-in-fact
(SEAL)
Gay saifi
NORTH CAROLINA
COUNTY OF i ,,,
i a
I, /164.. 40G.. , a Notary Public in and for . County and State
aforesaid, do hereby certify that Gay Sain, Grantor, personally - • = me this day and
acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have
hereunto set my hand'and Notary Seal this the day of
20 r/.
printedo HEW
,i��qe Ake ,Notary Public (Official Seal) a N CarY r Public v�'
name: �
My commission expires: ate/J _ County
My Comm.Exp.
y 08-11-2024
NORTH CAROLINA ''�,7
yCAR 0kS ��.
�i .
COUNTY OF ljfp,a, prranm��+�%;
I, 1 �i�'14V,, , do hereby certify that Gay Sain. attorney-in-
fact for Vertie Lee Sain, personally appeared before me this day, and being by me duly sworn,
says that she executed the foregoing and annexed instrument for and in behalf of Verde Lee
Sain, and that her authority to execute and acknowledge said instrument is contained in an
instrument duly executed, acknowledged, and recorded in the office of the Lincoln County
Register of Deeds, on July 27.2020,and that this instrument was executed under and by virtue of
the authority given by said instrument granting her power of attorney; that the said Gay Sain
acknowledged the due execution of the foregoing and annexed instrument for the purposes
therein expressed for and in behalf of the said Verde Lee Sain. Witness my hand and official
seal this the_&day of ,202,L. %\01111suaaahy,
f Notary C b Public
Cabarrw
nn 1 Warne: Y Not Public (Official Seal) County
P � �/� �� ,Notary � My Comm. Exp.
My commission expires: 1 A s1 y 08-11-2024 �.e
�'����� �HrCAAO'
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CHAR2\2329434v4

BK 3115 PG 599 DOC# 644021
�/ (SEAL)
Ther Dore
NORTH CAROLIN
COUNTY OF
I, je .9/ip4, 4 , a Notary Public in and for jle County and State
aforesaid,do hereby certify that Theresa Moore, 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 jf day of fir,,
20 v .
pieevd40/ STV °.
name: ' j 1I(.►a ,Notary Public (Official Seal)
My commission expires: '//r o unilifrr �HEs �4
Notary Public v
Cebarrus A
County
My Comm. Exp.
�f. 06.11-2024 e�P
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BK 3115 PG 600 DOC#644021
() e \ f i (SEAL)
Ash*Loran ,Guardian Ad Litem
for Vertie Lee Sain
NORTH CARO=
COUNTY OF
I, Asti, (1- , a Notary Public in and for the County and State
aforesaid, do hereby certify that Ashley Lorance. Guardian Ad Litem for Vertie Lee Sain,
Grantor, personally appeared before me this day and acknowledged the execution of the
foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary
Seal this the day of 20 .
n ted name: .II? r Notary Public (Official Seal)
My commission expires: f// .a��►►,+►ur+r►r,1
yDES HES?.e,
Notary Public v�
Q. Cabarrua .
County
My Comm. Exp.
08-11-2024
gyO
y++1; rCAft►O►`%
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BK 3115 PG 601 DOC#644021
/;/ i) (SEAL)
Gregory ,P _s. Guardian Ad Litem
for the unborn children of Gay Sain
NORTH CAROLINA
COUNTY OF /r,..c2-/.1_
I, I v1- 4✓/1 , a Notary Public in and for w,County and State
aforesaid, do hereby certify that Gregory M. Parks. Guardian Ad Litem fbr the unborn children
of Gay Sam, Grantor,personally appeared before me this day and acknowledged the execution of
the foregoing instrument. IN WITNESS WHEREOF,I have hereunto set my hand and Notary
Seal this the day of .,444401,01,. , 20 t/ .
'ncet•
n name:
p � , .,4 , Notary Public (Official Seal)
My commission expires: dl/r'
wilii 1Irrrq�
\\` GO�0 Fi Es T�,�i
'3 Notary Public 5�:
E p' Cabsrrus E.
County r.
My Comm.ExP• 5
'c- 08-11-2024 fir;Nun II 1 IMO
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Exhibit A
Legal Description of area of the Property hereinafter referred to as the"Conservation Easement
Area"
CONSERVATION EASEMENT#I
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY VERTIE LEE SAIN LIFE ESTATE(TAX PIN 2655587224)AS
RECORDED IN BOOK 10E,PAGE 218,LOCATED IN NORTH BROOK TOWNSHIP,LINCOLN COUNTY,
NORTH CAROLINA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X— 1,255,197.30 AND Y a 658,217.40;THENCE RUNNING S 79°2753"
E FOR A DISTANCE OF 471.17 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO. 1,SAID REBAR
BEING THE POINT OF BEGINNING;
THENCE N 21°47'46"E,A DISTANCE OF 111.25 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
2;
THENCE S 85°19'17"E,A DISTANCE OF 118.661.r�1 TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
3;
THENCE N 22°49'3 1"E,A DISTANCE OF 60.50 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
4;
THENCE N 1°39'51"E,A DISTANCE OF 231.93 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
5;
THENCE S 85°04'23"E,A DISTANCE OF 117.52 FEET TO AN AXLE;
THENCE S 85°04'23"E,A DISTANCE OF 88.76 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
7;
THENCE S 7°44'04"E,A DISTANCE OF 193.85 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
8;
THENCE S 22°56'55"W,A DISTANCE OF 308.52 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
9;
THENCE S 26°51'58"W,A DISTANCE OF 259.42 FEET TO A 518"REBAR SET WITH ALUMINUM CAP NO.
10;
THENCE N 52°14'43"W,A DISTANCE OF 200.36 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP
NO. 11;
THENCE N 3°05'55"W,A DISTANCE OF 221.74 FEET TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 167,711 SQUARE FEET OR 3.850 ACRES MORE OR LESS.
CONSERVATION EASEMENT#6
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY VERTIE PRICE SAIN(TAX PIN 2655671446)AS RECORDED IN BOOK
12E,PAGE 96,LOCATED IN NORTH BROOK TOWNSHIP,LINCOLN COUNTY,NORTH CAROLINA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X- 1,255,197.30 AND Y—658,217.40;THENCE RUNNING N 50°10'02°
E FOR A DISTANCE OF 851.30 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.55,SAID
REBAR BEING THE POINT OF BEGINNING;
THENCE S 6°10'42"W,A DISTANCE OF 195.401•P.E1 TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
56;
THENCE S 21°27'47"W,A DISTANCE OF 242.40 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
57;
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BK 3115 PG 603 DOC#644021
THENCE N 76°32'58"E,A DISTANCE OF 255.58 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
58;
THENCE S 17°56'51"E,A DISTANCE OF 167.00 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
59;
THENCE S 53°56'08"W,A DISTANCE OF 340.44 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
60;
THENCE N 86°33'51"W,A DISTANCE OF 151.66 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP
NO.61;
THENCE S 59°22'36"W,A DISTANCE OF 213.93 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
62;
THENCE N 1°0379"E,A DISTANCE OF 325.51 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
70;
THENCE N 60°18'28"E,A DISTANCE OF 115.52 FEET TO A CALCULATED POINT;
THENCE N 16°33'28"E,A DISTANCE OF 158.79 IIEr TO A CALCULATED POINT;
THENCE N 21°03'28"E,A DISTANCE OF 408.33 FEET TO A CALCULATED POINT;
THENCE S 51°42'44"E,A DISTANCE OF 155.49 FEET TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 254,341 SQUARE FEET OR 5.839 ACRES MORE OR LESS.
CONSERVATION EASEMENT#7
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY GAY SAIN LIFE ESTATE(TAX PIN 2655479578)AS RECORDED IN
BOOK 10E,PAGE 218,LOCATED IN NORTH BROOK TOWNSHIP,LINCOLN COUNTY,NORTH
CAROLINA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X= 1,255,19730 AND Y=658,217.40;THENCE RUNNING S 7°01'00"E
FOR A DISTANCE OF 1,413.26 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.63,SAID REBAR
BEING THE POINT OF BEGINNING;
THENCE S 58°06'18"W,A DISTANCE OF 526.65 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
64;
THENCE S 88°15'07"W,A DISTANCE OF 550.52 FEET TO A 5/8"REBAR FOUND;
THENCE N 4°21'57"E,A DISTANCE OF 201.20 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
66;
THENCE S 84°25'30"E,A DISTANCE OF 119.15 F 1 TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
67;
THENCE N 76°07'44"E,A DISTANCE OF 430.17 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
68;
THENCE N 54°43'51"E,A DISTANCE OF 553.27 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
69;
THENCE S 1°03'29"W,A DISTANCE OF 316.63 FEET TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 252,262 SQUARE FEET OR 5.791 ACRES MORE OR LESS.
CONSERVATION EASEMENT #8
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY GAY SAIN LIFE ESTATE(TAX PIN 2655479578)AS RECORDED IN
BOOK 10E,PAGE 218,LOCATED IN NORTH BROOK TOWNSHIP,LINCOLN COUNTY,NORTH
CAROLINA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X=1,255,197.30 AND Y=658,217.40;THENCE RUNNING S 12°58'04"
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E FOR A DISTANCE OF 1,066.64 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.70,SAID
REBAR BEING THE POINT OF BEGINNING;
THENCE N 25°34'1 S"E,A DISTANCE OF 548.09 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
71;
THENCE N 9°41'22"E,A DISTANCE OF 125.24 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
72;
THENCE S 51°42'44"E,A DISTANCE OF 44.18 FEET TO A CALCULATED POINT;
THENCE S 21°03'28"W,A DISTANCE OF 408.33 FEET TO A CALCULATED POINT;
THENCE S 16°33'28"W,A DISTANCE OF 158.79 FEET TO A CALCULATED POINT;
THENCE S 60°18'28"W,A DISTANCE OF 115.52 FEET TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 23,568 SQUARE FEET OR 0.341 ACRES MORE OR LESS.
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Exhibit B—Parent Tracts
TRACT 1:
BEING all that certain tract of land located in North Brook Township,Lincoln County,North Carolina and being
the full contents of a tract of land,containing approximately 12 Acres,lying on the north side of N.C.
Highway No.27 and being that portion of a 48-2/10 Acres tract of land conveyed in a Deed recorded
in Book 357 at page 321 in the Lincoln County Public Registry which lies on the north side of N.C.
Highway No.27,and being the lands devised to the Grantors in the will of Walter Ed Salm,probated
in File 93E at 190 in the Lincoln County Public Registry.
TRACT 2:
All that certain piece parosl ci tract of land situate, lying and biting in
North Brook Township, Lincoln County, North Carolina and being bounded on the
North by the lands of Jamie Bain Houser; on the East by Jess Houser; on the
South by B.H. Upton lands; and on the Walt by the lands of Walter Si ■sin and
being more particularly defined and described in accordance with a natural
slimly as nada by Ambrose Ro)cLe, as follows!
BEGINNING at an oak stamp, B.A. Saints old cone , and corner A.C.
Blanton and Jess Houser and runs thence South 2t deg.Wast 69- as to a
stake Joseph Bain and Jess Rouser corner; thence, a new line, 71 deg.
Neat 13 poles to a stake, Jess Rouser oorner; thence South 39 deg. West 7-11//3
poles to a stake, Jams Houser corner and edge of State H No. 27, d
runs thence with and along State tii y No. 27, South 51 d East -
poles to a stake on the edge of sal Highway; thanes Bout h 2* avg. West
poles to a 'tome, tt<peon and B.A. Bain old corner, and runs thence North ay
deg. Yost 52- poles to a pine stump, B.T. Hoyle and 9.A. Bain corner, and
tuwcthonce d2 dam. xsst 5 poles to a stone, Wrs. RalphJenks corner;
a sg. west 22-2/ poles to stake,Jpe ph Bala and Walter Ed
Sain corner; thence North 1 deg. Meat 36-1/I poles to a poplar,
, Joseph Bain and
Walter Ed Bain corner thence north 58* d WV 9 poles prei an, Walter
Ed /aim and Joseph 8a i thence North 14f deg. 1ras%
thence North 1 deg. tact 2 pole. to a culvert at State ig�iap No. 27; thence
crossing said Highway, auto Oft der. Bast 6-4/3 poLm to a pine, Walter Ed Bain
and Joseph Bain earner; a North 30 dog. Nast 25 poles to a pine; thence
North 14 deg. Bast 22-2 poles to a stake, owner of Minnie Bain Houser,
Jose Bain and Walter Ed Bain thence oath 87 deg. East 38 poled to the
point of BEGINNING, containing 38-9/10 AORNS,more or less.
The above described tract or parcel of land being a part of and oarvbd out of
the lands as conveyed to B.A. Baia by Deed grog L.Z. Bain dated August 2?, 1996,
and recordsd in Book 90, Page 431, Lincoln aunty public Registry.
LESS AND EXCEPT FROM TRACT 2:
BEING all that certain parcel of land located in North Brook Township, Lincoln county, North
Carolina and being more particularly described by mutes and bounds in accordance with an
actual survey prepay by Bobby D. Richardson, Registered Surveyor, dated January 19, 1990
as follows:
BEGINNING at an existing iron pin, an old corner with Kenneth Bain and Joe Bain and runs
from said Beginning point with the line of Kenneth Bain North 02 deg. 30 Ain. Bast 40 feet
to a stake; thence two new lines as follows: North 69 deg. 26 min. West 192.03 feet to en
iron; thence South 91 deg. 30 min. What 167.07 feet to a nail at the north edge of the
pavement of N. C. Nighway 27; thence leaving the road two lines with Kenneth Bain as
follows: North 57 deg. 56 min. Bast 125.10 fast to an iron; thence Booth 71 deg. Bast
214.50 feet to the point of Beginning, containing .22 Acres described in accordance with the
aforesaid map, a copy of which is attached and Jerked Bribit e.
The foregoing is the same parcel described in deed recorded in Book 737,Page 679,Lincoln
County Registry.
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ALSO LESS AND EXCEPT FROM TRACT 2:
BEING all that certain parcel of land located in North Brook Township,Lincoln County,North Carolina
and being more particularly described in accordance with an actual survey prepared by Tony Carpenter,
Land Surveyor,dated March 22,2012 as follows:
BEGINNING at an existing stone,a common corner of Kenneth F.Sain,Cannie B.Houser,and Nelson
Yarbro,and runs from said Beginning Point with the line of Kenneth Salo South 02 deg.30 min. 12 sec.
West 1,104.39 feet to an existing iron pin; thence North 70 deg. 13 min.49 sec.West 191.94 feet to an
existing iron pin; thence South 51 deg.29 min.59 sec.West 14716 feet to an iron on the northern edge
of tiro right-of-way of N.C. Highway 27; thence with the northern edge of the right-of-way of N.C.
Highway 27 North 52 deg. 14 min.55 sec. West 30.89 feet to an iron; thence four(4)new lines as
follows: North 51 deg. 29 min. 59 sec.East 171.32 feet to an iron; thence South 70 deg. 13 min.49 sec.
East 100.02 feet to an iron; thence with an arc of the curve,curving to the left in a northerly direction,a
radius of 50 feet,an arc distance of 93.61 feet,a chord bearing of North 56 deg.08 min. 11 sec.East and
a chord distance of 80.52 feet to an iron; thence North 02 deg.30 min. 12 sec.East 997.03 feet to an
iron in the line of Nelson Yarbro; thence South 85 deg.02 min.53 sec.East 30.03 feet to the point of
BEGINNING,containing 1.005 Acres.
For Title Reference see deed recorded in Book 617 at Page 761 in the Lincoln County Public Registry.
TRACT 3:
All that csrtaia piece, p rc.1 or at of land situate, lying and being
in North Brook awnship -Mloaoln 'Jaunty osrolina, a being bounded
on the North by other lands of B.L. Bain and which is being conveyed to
Bertha Sala Yarbrough; on the East by other lapda of B.A. Sale, now Joseph
P. Sain; on the South by the lands of 5.11.UUpton; and on the West by the
lands of R.P. Boles, and being more particularlydefined and described
in accordance with a natural survey es made by Hoyle, as follows:
BEG/BRING at R.P. Boyle and B.A. Sain corner and runs thence North 5i deg.
East 128 Oolea to a stake Bertha Bain Iarbrough corner, on eta
Highway N . 29 rune thanes with and along State Hihway 27, Sootth
52 deg. East 32- poles to a stakeon edge of bank of State Highway No.
27 1_ North bfj deg. Nast 9-11122__pnoo1�es to a stake._an old Zinc thence
with and along thelins of Bertha Salt; aI`_brough, South 17 d . Batt$; pole.
to a , corner of Joseph Bain; thence a near line, South14f deg. West
22 3 es to a • thence South 30 deg. Went 25 poles to a pins; thence
862 deg. West 6-.4/5 poles to a culvert as State Fighway No. 27; thence
South 19 deg. Vest 25* poles to a gum; thence outh 14* deg. West 9-1/3 poles
to a persimmon thence South 5$ da�g. West 9 polo, to a plar• thence South
1 deg. East 6 poles to a stake. t1111snce south 85 deg.less.
Nest 64 poles to the
point of ASo lip, CONTAINING 4i-2 0 ACR8$,wave or
The above described tract or parcel of lend being a part of and carved out
of the land/ as conveyed to B.L. Bain by Deed from L.E. Seim, dated August
27, 1906, and recorded in Book 90, Page 431, Lincolnty Public Registry.
LESS AND EXCEPT FROM TRACT 3:
BEING all that certain tract of land located in North Brook Township, Lincoln County,North Carolina,and rasing
the full contents of a tract of land,containing approximately 12 Acres, lying on the north side of N.C.
Highway No. 27 and being that portion of a 48-2/10 Acres tract of land conveyed in a Deed recorded
in Book 357 at page 321 in the Lincoln County Public Registry which lies on the north side of N. C.
Highway No. 27,and being the lands devised to the Grantors in the will of Walter Ed Sain,probated
in File 93E at 190 in the Lincoln County Public Registry.
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This document presented and flied:
12/09/2021 09:07:41 AM
DEED
Fee$38.00 Transfer Tax.$483 00
844021 10 1111111i1
3egoC e-\) Lincoln County North Carolina
(TJ Danny R. Hester, Register of Deeds
Jpyd we Ell bc-th C-orrisGf
STATE OF NORTH CAROLINA DEED OF CONSERVATION EASEMENT
rY t)3e -rat:
3.00 AND RIGHT OF ACCESS PROVIDED
PURSUANT TO
FULL DELIVERY
MITIGATION CONTRACT
LINCOLN COUNTY
SPO File Number:55-AC
DMS Project Number: 100136
Prepared by: Office of the Attorney General
Property Control Section
Return to:NC Department of Administration
State Property Office
1321 Mail Service Center
Raleigh,NC 27699-1321
THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS,made
this 23'd day of November, 2021, by VERTIE LEE SAIN, widow; ASHLEY LORANCE,
GUARDIAN AD LITEM FOR VERTIE LEE SAIN; GAY SAIN and spouse, THERESA
MOORE; GREGORY M. PARKS,GUARDIAN AD LITEM FOR THE UNBORN CHILDREN
OF GAY SAIN (collectively, "Grantors"), whose mailing address is 8294 West NC 27
Highway,Vale NC 28168; to the STATE OF NORTH CAROLINA("Grantee"), whose mailing
address is State of North Carolina, Department of Administration, State Property Office, 1321
Mail Service Center, Raleigh, NC 27699-132I. The designations of Grantor and Grantee as
used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular,plural,masculine, feminine,or neuter as required by context.
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et sea.. the State
of North Carolina has established the Division of Mitigation Services (formerly known as the
Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of
Environmental Quality (formerly Department of Environment and Natural Resources) for the
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purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and
riparian resources that contribute to the protection and improvement of water quality, flood
prevention,fisheries, aquatic habitat, wildlife habitat, and recreational opportunities;and
WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated,
arranged and provided for as a condition of a full delivery contract between KC! Technologies
Inc., 4505 Falls of Neuse Road, Suite 400, Raleigh NC 27609 and the North Carolina
Department of Environmental Quality, to provide stream, wetland and/or buffer mitigation
pursuant to the North Carolina Department of Environmental Quality Purchase and Services
Contract Number 7874-01.
WHEREAS,The State of North Carolina is qualified to be the Grantee of a Conservation
Easement pursuant to N.C. Gen. Stat. § 121-35; and
WHEREAS, the Department of Environment and Natural Resources and the United
States Army Corps of Engineers, Wilmington District entered into a Memorandum of
Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU
recognized that the Wetlands Restoration Program was to provide effective compensatory
mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring,
enhancing and preserving the wetland and riparian areas of the State;and
WHEREAS,the Department of Environment and Natural Resources, the North Carolina
Department of Transportation and the United States Army Corps of Engineers, Wilmington
District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in
Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services
(formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by
effective protection of the land,water and natural resources of the State by restoring, enhancing
and preserving ecosystem functions;and
WHEREAS, the Department of Environment and Natural Resources, the U.S. Army
Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife
Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of
Water Quality, the North Carolina Division of Coastal Management, and the National Marine
Fisheries Service entered into an agreement to continue the In-Lieu Fee operations of the North
Carolina Department of Natural Resources' Division of Mitigation Services(formerly Ecosystem
Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces
the previously effective MOA and MOU referenced above;and
WHEREAS, the acceptance of this instrument for and on behalf of the State of North
Carolina was granted to the Department of Administration by resolution as approved by the
Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina,
on the 86 day of February 2000;and
WHEREAS, the Division of Mitigation Services in the Department of Environmental
Quality(formerly Department of Environment and Natural Resources),which has been delegated
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the authority authorized by the Governor and Council of State to the Department of
Administration,has approved acceptance of this instrument; and
WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being
in North Brook Township, Lincoln County, North Carolina (the "Property"), and being more
particularly described as that certain parcels of land containing approximately 92.91 acres being
more particularly described on"Exhibit B"attached hereto and incorporated herein;
WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access
over the herein described areas of the Property, thereby restricting and limiting the use of the
areas of the Property subject to the Conservation Easement to the terms and conditions and
purposes hereinafter set forth,and Grantee is willing to accept said Easement and Access Rights.
The Conservation Easement shall be for the protection and benefit of the waters of the/Am; and
WHEREAS, this instrument is executed and delivered, in part, pursuant to that certain
Order Granting Petition Under N.C.G.S. § 41-11 and Order Approving Sale dated October 20,
2021,in file no. 21-SP-101 in the Office of the Clerk of Superior Court of Lincoln County,North
Carolina;
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation
Easement and Right of Access together with an access easement to and from the Conservation
Easement Area described below.
The Conservation Easement Area consists of the following:
Conservation Easement #6 containing a total of 5.839 acres and Conservation Easement #7
containing a total of 5.791 acres and Conservation Easement #8 containing a total of 0.541
acres as shown on the plats of survey entitled "Final Plat, Conservation Easement for State of
North Carolina Department of Environmental Quality Division of Mitigation Services, Project
Name: Yarbro Stream Restoration Site, DMS Project No.100136, SPO File No. 55-AB, 55-AC,
North Brook Township, Lincoln County, North Carolina", dated September 17, 2020 by lames
M. Gellenthln, PLS Number L-3860 and recorded in the Lincoln County, North Carolina
Register of Deeds at Plat Book 21 Page 49.
See attached"Exhibit A", Legal Description of area of the Property hereinafter referred to as the
"Conservation Easement Area"
The purposes of this Conservation Easement are to maintain,restore, enhance, construct,
create and preserve wetland and/or riparian resources in the Conservation Easement Area that
contribute to the protection and improvement of water quality, flood prevention, fisheries,
aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the
Conservation Easement Area in its natural condition, consistent with these purposes; and to
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Conservation Easement Area in its natural condition, consistent with these purposes; and to
prevent any use of the Easement Area that will significantly impair or interfere with these
purposes. To achieve these purposes,the following conditions and restrictions are set forth:
I. DURATION OF EASEMENT
Pursuant to law, including the above referenced statutes,this Conservation Easement and
Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the
use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against
Grantor's heirs, successors and assigns,personal representatives, agents,lessees, and licensees.
IL ACCESS EASEMENT
Grantor hereby grants and conveys unto Grantee, its employees, agents, successors and
assigns, a perpetual, non-exclusive easement for ingress and egress over and upon the Property
at all reasonable times and at such location as practically necessary to access the Conservation
Easement Area for the purposes set forth herein ("Access Easement"). This grant of easement
shall not vest any rights in the public and shall not be construed as a public dedication of the
Access Easement. Grantor covenants, represents and warrants that it is the sole owner of and is
seized of the Property in fee simple and has the right to grant and convey this Access
Easement.
III. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES
The Conservation Easement Area shall be restricted from any development or usage that
would impair or interfere with the purposes of this Conservation Easement. Unless expressly
reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area
by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement.
Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee.
Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation
credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units,
derived from each site within the area of the Conservation Easement, are conveyed to and belong
to the Grantee. Without limiting the generality of the foregoing,the following specific uses are
prohibited,restricted,or reserved as indicated:
A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational
uses, including hiking, bird watching hunting and fishing, and access to the Conservation
Easement Area for the purposes thereof.
B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is
prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey
plat.
C. Educational Uses. The Grantor reserves the right to engage in and permit others to
engage in educational uses in the Conservation Easement Area not inconsistent with this
Conservation Easement, and the right of access to the Conservation Easement Area for such
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purposes including organized educational activities such as site visits and observations.
Educational uses of the property shall not alter vegetation, hydrology or topography of the site.
D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded
survey plat and as related to the removal of non-native plants, diseased or damaged trees, or
vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or
natural habitat,all cutting,removal,mowing, harming,or destruction of any trees and vegetation
in the Conservation Easement Area is prohibited.
E. Industrial, Residential and Commercial Uses. All industrial, residential and
commercial uses are prohibited in the Conservation Easement Area.
F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement
Area including any use for cropland,waste lagoons, or pastureland.
G. New Construction. There shall be no building, facility, mobile home, antenna, utility
pole,tower,or other structure constructed or placed in the Conservation Easement Area.
H. Roads and Trails. There shall be no construction or maintenance of new roads, trails,
walkways, or paving in the.Conservation Easement.
All existing roads,trails and crossings within the Conservation Easement Area shall be shown on
the recorded survey plat.
I. Signs. No signs shall be permitted in the Conservation Easement Area except
interpretive signs describing restoration activities and the conservation values of the
Conservation Easement Area, signs identifying the owner of the Property and the holder of the
Conservation Easement, signs giving directions,or signs prescribing rules and regulations for the
use of the Conservation Easement Area.
J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement
Area is prohibited.
K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling,
excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel,
rock,peat,minerals,or other materials.
L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting
the diversion of surface or underground water in the Conservation Easement Area. No altering
or tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the
Conservation Easement Area is prohibited. In the event of an emergency interruption or
shortage of all other water sources, water from within the Conservation Easement Area may
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temporarily be withdrawn for good cause shown as needed for the survival of livestock on the
Property.
M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision,
partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the
Grantor in fee simple ("fee") that is subject to this Conservation Easement is allowed. Any future
transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the
Grantee's right of unlimited and repeated ingress and egress over and across the Property to the
Conservation Easement Area for the purposes set forth herein.
N. Development Rights. All development rights are permanently removed from the
Conservation Easement Area and are non-transferrable.
O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any intentional introduction of non-
native plants,trees and/or animal species by Grantor is prohibited.
The Grantor may request permission to vary from the above restrictions for good cause
shown,provided that any such request is not inconsistent with the purposes of this Conservation
Easement, and the Grantor obtains advance written approval from the Division of Mitigation
Services, 1652 Mail Services Center,Raleigh,NC 27699-1652.
IV. GRANTEE RESERVED USES
A. Right of Access, Construction, and Inspection. The Grantee, its employees, agents,
successors and assigns, shall have a perpetual Right of Access over and upon the Conservation
Easement Area to undertake or engage in any activities necessary to construct,maintain,manage,
enhance, repair,restore, protect, monitor and inspect the stream, wetland and any other riparian
resources in the Conservation Easement Area for the purposes set forth herein or any long-term
management plan for the Conservation Easement Area developed pursuant to this Conservation
Easement.
B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous
vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and
prepare the soil, modification of the hydrology of the site, and installation of natural and
manmade materials as needed to direct in-stream,above ground,and subterraneous water flow.
C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted
to place signs and witness posts on the Property to include any or all of the following: describe
the project, prohibited activities within the Conservation Easement, or identify the project
boundaries and the holder of the Conservation Easement
D. Fences. Conservation Easements are purchased to protect the investments by the State
(Grantee)in natural resources. Livestock within conservations easements damages the
investment and can result in reductions in natural resource value and mitigation credits which
would cause financial harm to the State. Therefore,Landowners(Grantor)with Ivestock are
required to restrict livestock access to the Conservation Easement area. Repeated failure to do so
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may result in the State(Grantee)repairing or installing livestock exclusion devices(fences)
within the conservation area for the purpose of restricting livestock access.In such cases,the
landowner(Grantor)must provide access to the State(Grantee)to make repairs.
E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s),
however, the Grantee,its employees and agents, successors or assigns,reserve the right to repair
crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if
such repairs are needed as a result of activities of the Grantor,his successors or assigns.
V. ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is
allowed to prevent any activity within the Conservation Easement Area that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or
features in the Conservation Easement Area that may have been damaged by such unauthorized
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the
Grantee shall, except as provided below, notify the Grantor in writing of such breach and the
Grantor shall have ninety(90) days after receipt of such notice to correct the damage caused by
such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may
enforce this Conservation Easement by bringing appropriate legal proceedings including an
action to recover damages, as well as injunctive and other relief. The Grantee shall also have the
power and authority, consistent with its statutory authority: (a)to prevent any impairment of the
Conservation Easement Area by acts which may be unlawful or in violation of this Conservation
Easement; (b) to otherwise preserve or protect its interest in the Property; or(c) to seek damages
from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the
immediate right, without notice, to obtain a temporary restraining order, injunctive or other
appropriate relief, if the breach is or would irreversibly or otherwise materially impair the
benefits to be derived from this Conservation Easement, and the Grantor and Grantee
acknowledge that the damage would be irreparable and remedies at law inadequate. The rights
and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all
other rights and remedies available to Grantee in connection with this Conservation Easement.
B. Inspection. The Grantee, its employees and agents, successors and assigns, have the
right, with reasonable notice, to enter the Conservation Easement Area over the Property at
reasonable times for the purpose of inspection to determine whether the Grantor is complying
with the terms,conditions and restrictions of this Conservation Easement.
C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement
shall be construed to entitle Grantee to bring any action against Grantor for any injury or change
in the Conservation Easement Area caused by third parties, resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from
any prudent action taken in good faith by the Grantor under emergency conditions to prevent,
abate,or mitigate significant injury to life or damage to the Property resulting from such causes.
D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs
incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor,
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BK 3115 PG 596 DOC#644021
including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions
in violation of the terms of this Conservation Easement, shall be borne by Grantor.
E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance,delay or omission by Grantee to exercise its rights hereunder in the event of any
breach of any term set forth herein shall not be construed to be a waiver by Grantee.
VI. MISCELLANEOUS
A. This instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement. If any provision is found to be invalid, the
remainder of the provisions of the Conservation Easement,and the application of such provision
to persons or circumstances other than those as to which it is found to be invalid, shall not be
affected thereby.
B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon
the Property. Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly
provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property
are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits that may apply to
the exercise of the Reserved Rights.
C. Any notices shall be sent by registered or certified mail, return receipt requested to the
parties at their addresses shown herein or to other addresses as either party establishes in writing
upon notification to the other.
D. Grantor shall notify Grantee in writing of the name and address and any party to whom
the Property or any part thereof is to be transferred at or prior to the time said transfer is made.
Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any
interest in the Property is conveyed is subject to the Conservation Easement herein created.
E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive
any merger of the fee and easement interests in the Property or any portion thereof.
F. This Conservation Easement and Right of Access may be amended, but only in writing
signed by all parties hereto, or their successors or assigns,if such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any applicable
laws, and is consistent with the purposes of the Conservation Easement. The owner of the
Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing
sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any
request to void or modify this Conservation Easement. Such notifications and modification
requests shall be addressed to:
Division of Mitigation Services Program Manager
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Cwca22 329454%4

BK 3115 PG 597 DOC#644021
NC State Property Office
1321 Mail Service Center
Raleigh,NC 27699-1321
and
General Counsel
US Army Corps of Engineers
69 Darlington Avenue
Wilmington,NC 28403
G. The parties recognize and agree that the benefits of this Conservation Easement are in
gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in
the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the
Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the
transfer or assignment will be such that the transferee or assignee will be required to continue in
perpetuity the conservation purposes described in this document.
VII. QUIET ENJOYMENT
Grantor reserves all remaining rights accruing from ownership of the Property, including
the right to engage in or permit or invite others to engage in only those uses of the Conservation
Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not
inconsistent with the purposes of this Conservation Easement. Without limiting the generality of
the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and
licensees, the right of access to the Conservation Easement Area, and the right of quiet
enjoyment of the Conservation Easement Area,
TO HAVE AND TO HOLD,the said rights and easements perpetually unto the State of
North Carolina for the aforesaid purposes,
AND Grantor covenants that Grantor is seized of the Property in fee and has the right to
convey the permanent Conservation Easement herein granted; that the same is free from
encumbrances and that Grantor will warrant and defend title to the same against the claims of all
persons whomsoever.
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BK 3115 PG 598 DOC#644021
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
(SEAL)
Vertie Lee ain, lay Sain,attorney-in-fact
(SEAL)
Gay Sa'
NORTH CAROLINA
COUNTY OF
I, !�4 .. 6 4 , a Notary Public in and for' County and State
aforesaid, do hereby certify that Gay Sain, Grantor, personally ore 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 Z r _ day of , ,4_
20 z'/.
.�```,�S itHiErsi,/, '
printed name: Or i,�,pe,� ,Notary Public (official Seal) ot
c' Notary Public
My commission expires: �// County =
My Comm. Exp.
08-11-2024
NORTH CAROLINA '% P O::\
/-"� �i ti CAR ���
COUNTY OF f i, �ifoniti111ti1y1�L•
I, •e , do hereby certify that Gay Sain, attorney-in-
fact for Vertie Lee S.1 ri, personally appeared before me this day, and being by me duly sworn,
says that she executed the foregoing and annexed instrument for and in behalf of Vertie Lee
Sgp, and that her authority to execute and acknowledge said instrument is contained in an
instrument duly executed, acknowledged, and recorded in the office of the Lincoln County
Register of Deeds, on July 27,2020. and that this instrument was executed under and by virtue of
the authority given by said instrument granting her power of attorney; that the said Gay Sain
acknowledged the due execution of the foregoing and annexed instrument for the purposes
therein expressed for and in behalf of the said Vertie Lee Sain. Witness my hand and official
seal this the day of (,�r uti• 202L. `,0un1111111
Notary Public.
, s Cabarrus
pfintte
e. ,,•‘ ,Notary Public (Official Seal) y mm Exp.
commission expires: �� e7 0811-2024?P
�'' ,HCARO;��"
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BK 3115 PG 599 DOC#644021
•
(SEAL)
Theresa toore
NORTH CAROLING
COUNTY OFidowxr
I, Or�.aff , a Notary Public in and for jhe County and State
aforesaid,do hereby certify that Theresa Moore,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 tf day of ,( -
20 Y, .
n ed name: j? ia¢/i L,Notary Public (Official Seal)
My commission expires: �//.4,[
CP
% S.
`Q Notary Public v
Cabarrus
County
3 My Comm. Exp.
08-11-2024 P��
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BK 3115 PG 600 DOC# 644021
f & — (SEAL)
Ash ey Loran_, ;Guardian Ad Litem
for Vertie Lee Sain
NORTH CARO=
COUNTY OF
I, ,Or. �.d' �,�- , a Notary Public in and for the County and State
aforesaid, do hereby certify that Ashley Lorance. Guardian Ad Litem for Vertie Lee Sain,
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 ear day of NF . 20 e/.
p�n e �_ _� �,NOtary Public (Official
al Seal)
My commission expires: /'/
+aa� FtHES ,'4t4
GD� Ttv
h
Notary Public 04
O Cabarrus
County
a My Comm.Exp. _
Q, 08-11-2024
104 \���•
-��� T i CAF►S���`�•
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BK 3115 PG 601 DOC#644021
(SEAL)
Gregory 4 , P . Guardian Ad Litem
for the unborn children of Gay Sain
NORTH CAROLINA
COUNTY OF L1
I, �i/.� e�w+r
a Notary Public in and for County and State
aforesaid, do hereby certify that Gregory M. Parks, Guardian Ad Litem the unborn children
of Gav Sain,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 X$ day of .,44,45. ,20 r'/ .
rr'n:et name: ��' ,Notary Public (Official Seal)
My commission expires:_ ,-,//Ate
•o`.011 l S y/
F����i
v 9 '%
63 Notary Nam �
4:47-2p Csbarrus
County
i My Comm�>�
'-.4, oe-11-2024 �q
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BK 3115 PG 602 DOC#644021
Exhibit A
Legal Description of area of the Property hereinafter referred to as the"Conservation Easement
Area"
CONSERVATION EASEMENT#1
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY VERTIE LEE SAIN LIFE ESTATE(TAX PIN 2655587224)AS
RECORDED IN BOOK 10E,PAGE 218,LOCATED IN NORTH BROOK TOWNSHIP,LINCOLN COUNTY,
NORTH CAROLINA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X—1,255,197.30 AND Y-658,217.40;THENCE RUNNING S 79°27'53"
E FOR A DISTANCE OF 471.17 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO. 1,SAID REBAR
BEING THE POINT OF BEGINNING;
'[HENCE N 21°4T46"E,A DISTANCE OF 111.25 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
2;
THENCE S 85°19'17"E,A DISTANCE OF 118.66 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
3;
THENCE N 22°49'1"E,A DISTANCE OF 60.50 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
4;
THENCE N 1°39'51"E,A DISTANCE OF 231.93 i I t i TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
5;
THENCE S 85°04'23"E,A DISTANCE OF 117.52 FEET TO AN AXLE;
THENCE S 85°04'23"E,A DISTANCE OF 88.76 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
7;
THENCE S 7°44'04"E,A DISTANCE OF 193.85 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
8;
THENCE S 22°56'55"W,A DISTANCE OF 308.52 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
9;
THENCE S 26°51'58"W,A DISTANCE OF 259.42 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
10;
THENCE N 52°14'43"W,A DISTANCE OF 200.36 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP
NO. 11;
THENCE N 3°05'55"W,A DISTANCE OF 221.74 FEET TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 167,711 SQUARE FEET OR 3.850 ACRES MORE OR LESS.
CONSERVATION EASEMENT #6
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY VERTIE PRICE SAIN(TAX PIN 2655671446)AS RECORDED IN BOOK
12E,PAGE 96,LOCATED IN NORTH BROOK TOWNSHIP,LINCOLN COUNTY,NORTH CAROLINA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X= 1,255,197.30 AND Y—658,217.40;THENCE RUNNING N 50°10'02"
E FOR A DISTANCE OF 851.30 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.55,SAID
REBAR BEING THE POINT OF BEGINNING;
THENCE S 6°10'42"W,A DISTANCE OF 195.40 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
56;
THENCE S 21°27'47"W,A DISTANCE OF 242.40 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
57;
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BK 3115 PG 603 DOC#644021
THENCE N 76°32'58"E,A DISTANCE OF 255.58 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
58;
THENCE S 17°56'51"E,A DISTANCE OF 167.00 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
59;
THENCE S 53°56'08"W,A DISTANCE OF 340.44 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
60;
THENCE N 86°33'5I"W,A DISTANCE OF 151,66 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP
NO.61;
THENCE S 59°22'36"W,A DISTANCE OF 213.93 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
62;
THENCE N 1°03'29"E,A DISTANCE OF 325.51 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
70;
THENCE N 60°18'28"E,A DISTANCE OF 115.52 FEET TO A CALCULATED POINT;
THENCE N 16°33'28"E,A DISTANCE OF 158.79 FEET TO A CALCULATED POINT;
THENCE N 21°03'28"E,A DISTANCE OF 408.33 FEET TO A CALCULATED POINT;
THENCE S 51°42'44"E,A DISTANCE OF 155.49 L' 1 TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 254,341 SQUARE FEET OR 5.839 ACRES MORE OR LESS.
CONSERVATION EASEMENT#7
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY GAY SAIN LIFE ESTATE(TAX PIN 2655479578)AS RECORDED IN
BOOK 10E,PAGE 218,LOCATED IN NORTH BROOK TOWNSHIP,LINCOLN COUNTY,NORTH
CAROLINA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X= 1,255,197,30 AND Y—658,217.40;THENCE RUNNING S 7°01'00"E
FOR A DISTANCE OF 1,413.26 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.63,SAID REBAR
BEING THE POINT OF BEGINNING;
THENCE S 58°06'18"W,A DISTANCE OF 526.65 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
64;
THENCE S 88°15'07"W,A DISTANCE OF 550.52 FEET TO A 5/8"REBAR FOUND;
THENCE N 4°21'57"E,A DISTANCE OF 201.20 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
66;
THENCE S 84°25'30"E,A DISTANCE OF 119.15 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
67;
THENCE N 76°0744"E,A DISTANCE OF 430.17}Eh' TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
68;
THENCE N 54°43'51"E,A DISTANCE OF 553.27 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
69;
THENCE S l°03'29"W,A DISTANCE OF 316.63 FEET TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 252,262 SQUARE FEET OR 5.791 ACRES MORE OR LESS.
CONSERVATION EASEMENT #8
A PARCEL OF LAND TO BE USED FOR CONSERVATION EASEMENT PURPOSES LOCATED ON LANDS
NOW OR FORMERLY OWNED BY GAY SAIN LIFE ESTATE(TAX PIN 2655479578)AS RECORDED IN
BOOK 10E,PAGE 218,LOCATED IN NORTH BROOK TOWNSHIP,LINCOLN COUNTY,NORTH
CAROLINA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH CAROLINA GEODETIC SURVEY STATION MOST,WITH NAD 83(2011)
STATE PLANE COORDINATES OF X= 1,255,197.30 AND Y=658,217.40;THENCE RUNNING S 12°58'04"
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BK 3115 PG Mg DOC#644021
E FOR A DISTANCE OF 1,066.64 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.70,SAID
REBAR BEING THE POINT OF BEGINNING;
THENCE N 25°34'15"E,A DISTANCE OF 548.09 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
71;
THENCE N 9°41'22"E,A DISTANCE OF 125.24 FEET TO A 5/8"REBAR SET WITH ALUMINUM CAP NO.
72;
THENCE S 51°42'44"E,A DISTANCE OF 44.18 FEET TO A CALCULATED POINT;
THENCE S 21°03'28"W,A DISTANCE OF 408.33 FEET TO A CALCULATED POINT;
THENCE S 16°33'28"W,A DISTANCE OF 158.79 FEET TO A CALCULATED POINT;
THENCE S 60°18'28"W,A DISTANCE OF 115.52 FEET TO THE POINT OF BEGINNING;
CONSERVATION EASEMENT CONTAINING 23,568 SQUARE FEET OR 0.541 ACRES MORE OR LESS.
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Exhibit B—Parent Tracts
T1 ACT k:
BEING all that certain tract of land located in North Brook Township, Lincoln County, North Carina,and bong
the full contents of a tract of land,containing approximately 12 Acres,lying on the north side of N.C.
Highway No.27 and being that portion of a 48-2/10 Acres tract of land conveyed in a Deed recorded
in Book 357 at page 321 in the Lincoln County Public Registry which lies on the north side of N.C.
Highway No.27,and being the lands devised to the Grantors in the will of Walter Ed Sain,probated
in File 93E at 190 in the Lincoln County Public Registry.
TRACT 2:
All that certain piece paroai or tract of land situate, and being in
North Brook Township Lincoln County, North Carolina and hounded an the
North by the lands of Minnie Baia Houser; on the Beat by Jess or; on the
South by B.H. Upton lands; and on the Nest by the lands of Walter Ed rain and
b�ymr s p�ic ed defined, aa described in accordance with a natural
BEGINNING at an oak stump, B.A. Saints old corner, andcorner A.O.
Blanton and Jess Houser and runs thence South deg.Wsat 69-�1es to a
stake Joseph Bain end J 2t co
ess Boer tomer; thanes, a new line, 72. �,g,
West i3 w poles to a stake, Jess Houser corner; thence South 59 deg. West 7-1/3
poles to a stake, Jets Houser corner and edge of State faro. 27,
runs thence with and along State Hieing No. 27, South 5 Eeet -
poles to a stake on the edge of said highway; thence Boat deg. Nest
vtotasa one, tc ppton end B.A. Sain old corner, and runs thence Northdeg i
pine stump, B.T. Hoyle and B.A. Sain corner, and
runs thgnos 800-22 West 3,3 poles to a atone, 1trs. Ralph Jenks corns
thence outh SU deg. West 22• �s to stabEd
Sain corner; thence North 1 deg. sat 6- p�es'to appoppllar,andsep Bain and
Walter Ed kin earner thanes 'orth Se des. last' 9 poles to persimmon, Walter
Ed lain and JtseEIh Sain ; thence N 14 . East 9* poles to a gum;
thence North £g deg. E�t l lee to a culvert at State Highway No. 27; thence
crossing said Eigtewy, clout deg. East 6-4/3 fo1 s to a pins, Walter Ed Sain
and Joseph Sala corner; s North30 deg. Rant 25 poles to a pine; thence
North 14d deg. East 22-2/poles to a stake, corner of Minnie Bain Houser,
Joseph Bain and Walter Ed Sain corm thence outh 87 deg. East 38 poles to the
point of =GINNING. containing 38-9 0 AORES,more or less.
The above described tract or parcel of land being a pert of and cerebd out of
the lands as conveyed to S.A. "lain by Deed from L.E. Bain dated August 27, 1906,
and recorded in Book 90, Page431, Lincoln aunty public Registry.
LESS AND EXCEPT FROM TRACT 2:
BEING all that certain parcel of land located in North Brook Township, Lincoln County, North
Carolina and being more particularly described by metes and bounds in accordance with en
actual survey prepared by Bobby D. Richardson, Registered Surveyor, dated January 13, 1990
as follows:
=WINO at an existing iron pin, an old corner with Kenneth Rain and Joe Bain and runs
fron said Beginning point with the line of Kenneth Nein North 02 deg. 30 min. East 40 feet
to a stake; thence two new lines as follows: North 69 deg. 26 uin. West 192.05 feet to an
iron; thence South 51 deg. 30 min. West 167.07 feet to a nail at the north edge of the
pavement of N. C. highway 27; thence leaving the road two lines with Kenneth Bain as
follows: North 57 deg. 56 min. But 125.10 feet to an iron; thence South 71 deg. Bast
214.50 feet to the point of Beginning, containing .22 Acres described in accordance with the
aforesaid nap, a copy of which is attached and marked Esbihit a.
The foregoing is the same parcel described in deed recorded in Book 737,Page 679, Lincoln
County Registry.
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ALSO LESS AND EXCEPT FROM TRACT 2:
BEING all that certain parcel of land located in North Brook Township,Lincoln County,North Carolina
and being more particularly described in accordance with an actual away pmpared by Tony Carpenter,
Land Surveyor,dated March 22,2012 as follows:
BEGINNING at an existing stone,a common corner of Kenneth F.Bain,Carmie B. Houser,and Nelson
Yarbro,and runs from said Beginning Point with the line of Kenneth Sun South 02 deg.30 min. 12 sec.
West 1,104.39 feet to an existing iron pin; thence North 70 deg. 13 min.49 sec.West 191.94 feet to an
existing iron pin; thence South 51 deg.29 min. 59 sec.West 147.26 feet to an iron on the northern edge
of the right-of-way of N.C. Highway 27; thence with the northern edge of the right-of-way of N.C.
Highway 27 North 52 deg. 14 min.55 sec. West 30.89 het to an iron; thence four(4)new lines as
follows: North 51 deg. 29 min 59 sec.East 171.32 feet to an iron; thence South 70 deg. 13 min.49 sec.
East 100.02 feet to an iron; thence with an arc of the curve,curving to the left in a northerly direction,a
radius of 50 feet,an arc distance of 93.61 feet,a chord bearing of North 56 deg.08 min. 11 sec. East and
a chord distance of 80.52 feet to an iron; thence North 02 deg.30 min. 12 sec.East 997.03 feet to an
iron in the line of Nelson Yarbro; thence South 85 deg.02 min.53 sec.East 30.03 fat to the point of
BEGINNING,containing 1.005 Acres.
For Title Reference see deed recorded in Book 617 at Page 761 in the Lincoln County Public Registry.
TRACT a:
A11 that oertai� pleas, parcel or #raot of land situate, lying and being
in North Brook oabip "Snooln County alorthcerolIns, and being bouded
on the North by other lands of B.A. Sala and which is being conveyed to
Bertha Sala Yarbrough; on the last by other lapels of B.A. Bain now Joseph
F. Spin; on the South by the lands of S.H.Uptont and on the West by the
]ands of R.P. Boyles, and being more particularlyp defined and described
in acoordanea with a natural survey as made by Aabrose Hoyle, as follows=
BUMMING at R.P. Boyle and B.A. Salsa oomer and runs thence North 56 dsg.
East 12d Soles to a stake, Bertha Bain Yarbrough corner, on edge of ;hats
Highway No. 29 runs thence with and along State Many No. 27, South
52 deg. last 32-2 poles to a stab on edge of bank of State N
27; thence North }} dug. Went 9-11/12,poles to a stake an aid Iinsy as
with end along thelins of Bertha Seib bro h, South 87 . sast8� ea
to Make, corner of Joseph Seim; thecae a new line, South deg. west
2 /3_pp1�t a a thence South 30 deg. Kest 25 poles to a pins; thence
North a /5 poles to a culvert as State ab thence
South 19 deg. West 251 poles to a gum; thecae outh 142�Nast 9-1/3 poles
to a pereiamon thence South 5a'li . Men 9 pole, to a plar• thence South
1 deg. East 6 poles to a stales tease tin deg. Neat 04 poles to the
point of Ian, CONTAINING 4 10 ACRES,more or ens.
?he above described tract or parcel of land being a part of and carved out
of the lands as conveyed to B.A. Bain by Deed from L.SA Salm, dated August
27, 1906, and recorded in Book 90, Page 431, Lincoln County Public Registry.
LESS AND EXCEPT FROM TRACT 3:
BEING all that certain tract of land located in North Brook Township,Lincoln County, North Carolina,and being
the full contents of a tract of land,containing approximately 12 Acres,lying on the north side of N.C.
Highway No. 27 and being that portion of a 48-2/10 Acres tract of land conveyed in a Deed recorded
in Book 357 at page 321 in the Lincoln County Public Registry which lies on the north side of N. C.
Highway No.27,and being the lands devised to the Grantors in the will of Walter Ed Sain,probated
in File 93E at 190 in the Lincoln County Public Registry.
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