HomeMy WebLinkAboutBritt & Hales Final Recorded CEPage 1 of 16
Type: CRP
Recorded: 4/21/2023 2:33:18 PM
Fee Amt: $871.00 Page 1 of 16
Revenue Tax: $841.00
WAYNE COUNTY, NC
CONSTANCE B. CORAM REGISTER OF DEEDS
BK 3814 PG 727 - 742
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
ECO TERRA, LLC
ATTN: JAMEY O'SHAUGHNESSEY
1328 DEKALB AVE NE
ATLANTA, GA 30307
R S+� :it ,®b
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
COUNTY OF WAYNE
STATE OF NORTH CAROLINA
PARCEL No: 2544982733
THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of _
, 2023 by and between Eddis Earl Britt, Wilma Craig Britt + Linda Britt Hales , ("Grantor") and
outhem Conservation Trust, Inc., a Georgia non-profit corporation (Grantee).
Thedesignation Grantorand Grantee as used herein shall include said parties, theirheirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by
context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in
Wayne_ County, North Carolina, more particularly described in Exhibit A attached hereto and
incorporated herein ("Property');
WHEREAS, Grantee is a charitable, non-profit, or educational corporation, association, or trust
qualified under § 501(c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 st
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submitted electronically by "John P. Edwards, Jr."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Wayne county Register of Deeds.
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seq., the purposes or powers of which include one or more of the purposes (a) — (d) listed below;
(a) Retaining or protecting natural, scenic, or open -space aspects of reap property;
(b) Ensuring the availability of real property for recreational, educational, or open -space use;
(c) Protecting natural resources;
(d) Maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value
of the property in its natural state, which includes the following natural communities: riparian buffers.
The purpose of this Conservation Easement is to maintain streams, wetlands and/or riparian resources
and other natural values of approximately 24.71 acres, more or less, and being more particularly
described on the plat titled "Conservation Easement Survey for the StaO of North Carolina" dated Maycj
22, 2022, recorded at the Wayne County Register of Deeds cabinet P as attached, and prevent theWC
use or development of the Conservation Easement Area for any purpose or in any manner that would
conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement, and/or preservation of the Conservation Easement
Area is also a condition of the approval of the Britt and Hales Nutirent Offset and Riparian Buffer
Mitigation Banking Instrument (MBI) and Bank Parcel Development Package (BPDP) for the Britt and
Hales Nutrient Offsetand Riparian Buffer Mitigation Bank, North Carolina Division of Water Resources
(DWR) Project ID# 2022-0293v2 which was approved by DWR, and will be made and entered into by and
between Eco Terra, LLC, acting as the Bank Sponsor, and DWR. The Britt and Hales Nutrient Offset and
Riparian Buffer Mitigation Bank is intended to be used to compensate for riparian bufferand nutrient
impacts to surface wasters.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcements shall be held by
DWR, and may be exercised through the appropriate enforcement agencies of the United States and the
State of North Carolina, and that these rights are in addition to, and do not limit, the rights of
enforcement under the DWR Project ID# 2022-0293v2 or any permit or certification issued by the
parties to the Mitigation Banking Instrument.
NOW, THEREFORE, for and in consideration of the covenants and representations contained
herein and for other good and valuable consideration, the receipt and legal sufficiency of which is
hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto
Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the
nature and character and to the extent hereinafter set forth, over the Conservation Easement Area
described on Exhibit B, togetherwith the right to preserve and protectthe conservation values thereof,
as follows:
ARTICLE I
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in
gross, runs with the land and is enforceable by Grantee against grantor, Grantor's personal
representatives, heirs, successors and assigns, lessees, agents and licensees.
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ARTICLE II
PROHIBITED AND RESTRICED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this
Conservation Easement is prohibited. The Property shall be preserved in its natural condition and
restricted from any development that would impair or interfere with the conservation values of the
Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder.
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural
features of the Conservation Easement Area or any introduction of non-native plants and/or animal
species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or
concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier,
landing, dock or any other temporary or permanent structure or facility on or above the Conservation
Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities,
including any right of passage for such purposes are prohibited.
D. Aaricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Conservation Easement Area is prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees,
shrubs, or other vegetation in the Conservation Easement Area except as provided in the Bank Parcel
Development Package. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted
trees and shrubs approved in the BPDP is allowable once a year for no more than five consecutive years
from the date on page 1 of this Conservation Easement, except where mowing will negatively impact
vegetation or disturb soils. Mowing activities shall only be performed by Eco Terra, LLC and shall not
violate any part of Item L of Article 11.
F. Road and Trails. There shall be no construction of roads, trails or walkways on the Conservation
Easement Area; nor enlargement or modification to existing roads, trails or walkways.
G. Signaae. No signs shall be permitted on or over the Conservation Easement Area, except the
posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement
Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement
Area and or signs identifying the Grantor as owner of the Conservation Easement Area.
H. Duinning or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement
of underground or aboveground storage tanks or other materials on the Conservation Easement Area is
prohibited.
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I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no
change in the topography of the land in any manner on the Conservation Easement Area, except to restore
natural topography or drainage patterns.
J. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling,
filling, leveling, pumping, impounding or related activities, or altering or tampering with water control
structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns.
In addition, diverting or causing or permitting the diversion of surface or underground water into, within
or out of the easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished by this
Conservation Easement shall be transferred pursuant to a transferable development rights scheme or
cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt
bikes, all -terrain vehicles, cars and trucks is prohibited other than for temporary or occasional access by
Eco Terra. LLC, its employees and agents, successors and assigns for purposes of construction the riparian
areas. For purposes of maintaining and monitoring the vegetation within riparian areas within in the
Conservation Easement Area, only small single -person vehicles may be used.
M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or
may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement
Area substantially in its natural condition, or protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors or
assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent
with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the
Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the
Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation
Easement Area, in whole or on part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantee, its successors and
assigns, including Eco Terra, LLC acting as the Bank Sponsor, the right to construct and perform activities
related to restoration, enhancement, and preservation of streams, and riparian areas within the
Conservation Easement Area, in accordance with the approved BPDP and the Mitigation Banking
Instrument described in the Recitals of this Conservation Easement.
ARTICLE IV
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GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the DWR, shall have
the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose
of inspecting the Conservation Easement Area to determine tf the Grantor, or his personal
representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and
purposes of this Conservation Easement. The Grantee, Eco Terra. LLC, and its authorized
representatives, successors and assigns, and DWR shall also have the right to enter and go upon the
Conservation Easement Area for the purposes of making scientific or educational observations and
studies, and taking samples. The easement right granted herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, and DWR are allowed to prevent any
activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this
Easement and to require the restoration of such areas or features of the Conservation Easement Area
that may be damaged by such activ4 or use. Upon any breach of the terms of this Conservation
Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in
writing of such breach. The Grantor shall have 30 days after the receipt of such notice to coned the
conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may
enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and
other relief.
B. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to
obtain temporary restraining order, injunctive or other appropriate relief if the breach of the term of
this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be
derived from this Conservation Easement. The Grantor and Grantee admowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The
rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all
other rights and remedies available to Grantee in connection with this Conservation Easement. The
costs of the breach, correction or restoration, including the Grantee's expenses, court costs, and
attorney's fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the
breach. The DWR shall have the same rights and privileges as the said Grantee to enforce the terms and
conditions of this Conservation Easement.
C. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent breach or default.
D. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring
any action against Grantor for any injury or change in the Conservation Easement Area resulting from
causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, ads of God or
third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to
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property or harm to the Conservation Easement Area resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty., Grantor warrants, covenants and represents that it owns the Property in fee simple,
and that Grantor either owns all interests in the Property which may be impaired by the granting of this
Conservation or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in
the Property which have not been expressly subordinated to this Conservation Easement. Grantor
further warrants that Grantee shall have the use of and enjoy all the benefits derived from and
arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property
against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least sixty
(60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this
Conservation Easement shall survive any merger of the fee and easement interests in the Conservation
Easement Area or any portion thereof and shall not be amended, modified or terminated without prior
written consent and approval of DWR.
C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement
are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in
the event it transfers or assigns this Conservation Easement, the organization receiving the interest will
be qualified holder under 33 CFR 332.7(a)(1) N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3) § 170(h) of
the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer
or assignment will be such that the transferee or assignee will be required to continue in perpetuity the
conservation purposes described in this document.
D. Entire Agreement and Severability. The MBI with corresponding BPDP, and this Conservation
Easement sets forth the entire agreement of the parties with respect to this Conservation Easement and
supersedes all prior discussions, negotiations, understandings or agreements relating to the
Conservation Easement. If any provision is found to be void or unenforceable by a court of competent
jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or
charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligation incurred by Grantor. Grantee shall not be responsible for any costs or
liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation
to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the
Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the continued use of
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the Conservation Easement Area for the conservation purposes, this Conservation Easement may only
be extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the
exercise of eminent domain so as to substantially abrogate the Restriction imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the
full value of the taking, and all incidental and direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested
in Grantee. In the event that all or a portion of this Conservation Easement Area is sold, exchanged, or
involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall
be entitled to the fair market value of this Conservation Easement as determined at the time of the
extinguishment or condemnation.
I. Notification. Any notice, request for approval, or other communication required under this
Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following
address (or such address as may be hereafter specified by notice pursuant to this paragraph):
To Grantor:
Eddis Earl Britt & Linda Britt Hales
3176 O'Berry Road
Mount Olive, NC 28365
To Grantee:
Southern Conservation Trust
305 Beauregard Blvd
Fayetteville, GA 30214
To Sponsor:
Eco Terra, LLC
1328 DeKalb Ave NE
Atlanta, GA 30307
To NCDEQ-DWR:
NCDEQ - Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1601
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after
the occurrence of one of these events Grantee fails to make an assignment pursuant to this
Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in
accordance with an appropriate proceeding in a court of competent jurisdiction.
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K. Amendment. This Conservation Easement may be amended, but only in a writing signed by all
parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement or the status of the Grantee under any applicable laws, and is consistent with the
conservation purposes of this grant.
L. Present Condition of the Conservation Easement Area. The streams and riparian areas, scenic,
resource, environmental, and other natural characteristics of the Conservation Easement Area, and its
current use and state of improvement, are described in the Section 2.2 of the BPDP, prepared by Eco
Terra, LLC and acknowledged by the Grantor and Grantee to be complete and accurate as the date
hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that
any future changes in the use of the Conservation Easement Area will be consistent with the terms of
this Conservation Easement. However, this report is not intended to preclude the use of other evidence
to establish the present condition of the Conservation Easement Area if there is a controversy over its
use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above
written.
[Signature of the Grantor and Grantee in appropriate form]
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SOUTHERN CONSERVATION TRUST, INC., a Georgia non-profit corporation
tr
—(SEAL)
Katherine Paine Quattlebaum
Executive Director
AUMMUM
MOM 0 1 W&GI WWU A W
'161-VI
I, 4VYX (n cod i � , a Notary Public in and for the County and State
aforesaid, do hereby certify that Katherine Pace Quattlebaum, Grantee, personally appeared
before me thisday and acknowledged the execution of the foregoing instrument.
IN WITNESSTHEREOF, I have hereunto set my hand and Notary Seal this the N+k
I �
day of n �iL- 2023.
Notary P' ,
,ub lic.
My commission expires
Page 9of12
Page 10 of 16
IN TESTIMONY, WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
(SEAL)
Eddis Laid Britt
V a
5,
I,- to zrcv L-�-08a Notary Public in and for the County and State
aforeskd do hereby certify that Eddis Earl Britt, Grantor, personally appeared before me this
day and acknowledged the execution of the foregoing instrument.
IN WIT N SS WHEREOF, I have hereunto set my hand and
day of =,I►.2023,
' I
of -ry ublic
My commission expires:
Page 10 of 12
Notary Seal this the a I
C3�G)
q0TAR y
It —
Page 11 of 16
IN TESTIMONY, WHEREOF, the Spouse has hereunto set her hand and seal,
the day and year first above written.
(SEAL)
Wilma Craig Britt
oe'Plx\
A
a Notary Public in and for the County
and St alb aforesaid, do hereby certify that Wilma Craig Britt, Spouse, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WIT REOF, I have hereunto set my hand and Notary Seal this the
day of M, -n ----------------- L 2023.
n
It I
Nollry ublic
My commission expires:
Page 11 of 12
GF?
NOTARY
&
PUBLIC
Page 12 of 16
y
IN TESTIMONY, WHEREOF, the Grantor has hereunto set her hand and seal, the
day and year first above written.
(SEAL)
Linda Britt Hales
0 . , 1
r
I, t - \ Notary Public in and for the County and State
aforesAd do hereby cerfiTy that Linda Britt Hales, 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 2023,
S
ota ublic
My commission expires:
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c 01'KFtY
PU
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EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
FIRST TRACT: Beginning at a point in the Carters Chapel -Dudley Road, C. H.
Summerlin's corner, and runs as his line and E. T. Thomton's line N. 21° 00' E. 2748 feet to the
corner of the farm road; thence as the center of the farm road S. 71° 50' E. 436 feet to a point in
the road; thence as Lot No. 8 N. 85° 10' E. 1474 feet to the highwater mark of the pond; thence as
the highwater mark of the pond S. 11 ° 00' E. 170 feet; S. 25° 00' W. 100 feet; thence S. 2° 30' E.
450 feet; S. 48° 00' W. 583 feet; N. 65° 00' W. 90 feet; thence S. 760 39 W. 170 feet to the mouth
of a ditch; thence as the center of the ditch S. 4° 15' W. 2450 feet to a point in the Carters Chapel -
Dudley Road; thence as the road N. 88° 50' W. 953 feet; thence N. 46° 35' W. 150 feet; thence N.
38° 00' W. 794 feet; thence N. 56° 15' W. 233 feet; thence N. 73' 25' W. 289 feet to the beginning,
CONTAINING 143 ACRES, more or less, and being Lot No. 1 as shown on a plat of "J. D.
McArthur Estate" prepared by William Ragsdale, Jr., C. E., in October, 195 1, which will be found
duly recorded in Plat Cabinet C, Slide 20, in the Wayne County Registry.
SECOND TRACT: Beginning at a point in the Carters Chapel -Dudley Road a corner of
Lot No. I at the head of a ditch and runs as Lot No. 1 and the ditch N. 40 15' E. 2450 feet to a
branch or pond head; thence as the branch and highwater mark of the pond N. 76° 30' E. 170 feet;
S. 650 00' E. 90 feet; N. 480 00' E. 583 feet; N. 2° 3V W. 450 feet; thence N. 25° 00' E. 100 feet;
thence N. 11 ° 00' W. 170 feet to a corner of Lot No. 5 at the highwater mark of the pond; thence
as Lot No. 5 S. 71 ° 30' E. 812 feet to a point in the center of the farm path; thence as the center of
the farm path S. 18* 05' W. 856 feet; thence S.16° 34' W. 880 feet; S. 15° 20' W. 516 feet; thence
S. 710 50' W. 1148 feet to the center of the Carters Chapel -Dudley Road; thence as the road N. 88°
50' W. 804 feet to the beginning, CONTAINING 69.8 ACRES, more or less, and being Lot No.
2 as shown on a plat of "J. D. McArthur Estate" prepared by William Ragsdale, Jr., C. E., in
October, 1951, which will be found duly recorded Plat Cabinet C, Slide 20 in the Wayne County
Registry.
The two tracts of land above described are a part of what is known as the Ed Ginn Farm,
which farm consists of a tract containing 501 acres, more or less, and a tract containing 490 acres,
more or less, described as Tracts Fourteen and Fifteen in a deed from N. P. McArthur and wife,
Roberta j McArthur, to J. D. McArthur, Sr., dated November 16,1945, and recorded in the Registry
of Wayne County in Book 299, at Page 501, to which reference is hereby made. See also Deeds in
Book 287, Page 228, Book 287, Page 310 and Book 290, Page 453. Being the same property
conveyed to Gurney Britt by deed dated November 15,1951, from Amanda McArthur (Widow), P.
H. McArthur and wife, Mary K. McArthur, J. D McArthur, Jr., and wife, Margaret S. McArthur,
and Geraldine McArthur (Single), and Jack Brooks and wife, Margaret McArthur Brooks, recorded
in Book 379, Page 61, of the Wayne County Registry. Being the same tracts described in Deed
dated March 2, 1984, from Gurney Britt and wife, Thelma Sutton Britt to Eddis Earl Britt and
Linda Britt Hales, recorded in Book 1070, Page 139, in the Wayne County Registry.
EXCEPTING, HOWEVER, from the above tracts are the following tracts of land as
described:
FIRST EXCEPTION: BEGINNING at a nail in the centerline of N. C. Secondary Road
No. 1120, said nail being located S. 79° 36' E. 466A8 feet, S. 89° 10' E. 538.58 feet, S. 760 28'
55" E. 1,100.17 feet from the centerline intersection of N. C. Secondary Road No. 1120 and N. C.
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Secondary Road No. 1006; thence from the beginning with the centerline of N. C. Secondary Road
No. 1120, S. 72° 35' 45" E. 105.01 feet to a nail in said road center; thence with said road center,
S. 700 06' 40" E. 103.54 feet to a nail in said road center, thence with said road center, S. 66° 00'
05" E. 104.24 feet to a nail in said road center; thence with said road center S. 59° 47' E. 103.52
feet to a nail in said road center; thence with said road center, S. 500 37' 57" E. 102.13 feet to a
nail in the centerline of N. C. Secondary Road No. 1120 at the intersection of said road center and
the center of a culvert; thence leaving the centerline of N. C. Secondary Road No. 1120, N. 26°
08' 33" E. 31.32 feet to an iron stake on the Northern right of way of N. C. Secondary Road No.
1120; thence leaving said road right of way, N. 26" 08' 33" E. 1,138.75 feet to an iron stake at the
edge of, the woods; thence continuing N. 26° 08' 33" E. 607.78 feet to an iron stake; thence N. 820
39' 47" W. 542.42 feet to a 24-inch diameter black gum (the corner), E. T. Thornton's most
Southeastern property corner and Eddis Earl Britt's most Northeastern property corner; thence with
Eddis Earl Britt's line, S. 26° 08' 33" W. 1,571.89 feet to an iron stake on the Northern right of
way of N. C. Secondary Road No. 1120; thence continuing S. 26° 08' 33" W. 30.31 feet to a nail
in the centerline of N. C. Secondary Road No. 1120, the point ofbeginning containing 19.69 Acres
more or less including the right of way of N. C. Secondary Road No. 1120 or 19.33 Acres more or
less excluding the right of way of N. C. Secondary Road No. 1120. And being a portion of the
First Tract in a deed from Amanda McArthur (Widow) et al to Gurney Britt by deed dated
November 15, 1951, recorded in Book 379 at Page 61, Wayne County Registry. Being the same
property described in Deed dated March 1, 1978, from Gurney Britt and wife, Thelma Britt to
Eddis Earl Britt and wife, Wilma B. Britt, recorded in Book 936, Page 30, in the Wayne County
Registry.
SECOND EXCEPTION: BEGINNING at a Mag nail in the centerline of N. C.
Secondary Road No. 1121 (McArthur Pond Road), said beginning point being located N. 10* 31'
41" E. 1,316.89 feet from a PK nail found at the centerline intersection of N. C. Secondary Road
No. 1120 (O'Berry Road) and N. C. Secondary Road No. 1121 (McArthur Pond Road); thence
from the beginning leaving the centerline of N. C. Secondary Road No. 1121 (McArthur Pond
Road), N. 720 53' 59" W. 30.00 feet to an iron stake on the Western right of way of N. C. Secondary
Road No. 1121 (McArthur Pond Road); thence leaving said road right of way, N. 72° 53' 59" W.
210.00 feet to an iron stake; thence N. 180 12' 04" E. 110.00 feet to an iron stake; thence S. 72°
53' 59" E. 209.93 feet to an iron stake on the Western right of way of N. C. Secondary Road No.
1121 (McArthur Pond Road); thence S. 72° 53' 59" E. 30.07 feet to a Mag nail in said road center,
thence with the centerline of N. C. Secondary Road No. 1121 (McArthur Pond Road), S. 19° 02'
04" W. 60.90 feet to a Mag nail in said road center; thence with said road center, S. 17' 10' 05" W.
49.12 feet to a Mag nail in the centerline of N. C. Secondary Road No. 1121 (McArthur Fond
Road), the point of beginning containing 0.605 Acre more or less including the right of way of N.
C. Secondary Road No. 1121 (McArthur Pond Road) or 0.529 Acre more or less excluding the
right of way of N. C. Secondary Road No. 1121 (McArthur Pond Road). And being the same lot
shown on a map entitled "SURVEY FOR JAMES E. WILSON AND WIFE, MARY ALICE B.
WILSON, GRANTHAM TOWNSHIP, WAYNE COUNTY, N.C.," by Bobby Rex Kornegay,
Professional Land Surveyor, said map being dated June 24, 2010. And being a part of the land
described in a deed recorded in Book 1070, Page 139, Wayne County Registry. This conveyance
is made subject to the right of way of McArthur Pond Road (N.C.S.R. No. 1121) and the overhead
Page 15 of 16
electric lines as shown on the aforesaid plat. Being the same land described in Deed dated July
15, 2010, from Eddis Earl Britt et als to May Alice Britt Wilson and husband, James Edgar Wilson
recorded in Book 2791, Page 563, in the Wayne County Registry.
THIRD EXCEPTION: BEGINNING at a PK nail found at the centerline intersection of
N. C. Secondary Road No. 1121 (McArthur Pond Road) and N. C. Secondary Road No. 1120
(O'Berry Road); thence from the beginning with the centerline of N. C. Secondary Road No. 1120
(O'Berry Road), N. 87° 57' 02" W.127.12 feet to a Mag Nail in the centerline of N. C. Secondary
Road No. 1120 (O'Berry Road); thence leaving said road center, N. 06° 45' 57" E. 30.10 feet to an
iron rod on the Northern right of way of N. C. Secondary Road No. 1120 (O'Berry Road); thence
leaving said road right of way, N. 06° 45' 57" E. 496.96 feet to an iron rod; thence with the line of
the property of Eddis Earl Britt, S. 81 ° 36' 25" E. 128.81 feet to an iron rod on the Western right
of way of N. C. Secondary Road No. 1121 (McArthur Pond Road); thence continuing S. 81 ° 36
25" E. 30.02 feet to a Mag nail in the centerline of N. C. Secondary Road No. 1121 (McArthur
Pond Road); thence with said road center, S. 10° 20' 58" W. 513.11 feet to a PK nail found at the
centerline intersection of N. C. Secondary Road No. 1121 (McArthur Pond Road) and N. C.
Secondary Road No. 1120 (O'Berry Road), the point of beginning containing 1.701 Acres more or
less including the right of way of N. C. Secondary Road No. 1121 (McArthur Pond Road) and the
right of way of N. C. Secondary Road No. 1120 (O'Berry Road ), or 1.279 Acres more or less
excluding the right of way of N. C. Secondary Road No. 1121 (McArthur Pond Road) and the right
of way of N. C. Secondary Road No. 1120 (O'Berry Road). And being a portion of the second tract
as shown in Deed Book 379, Page 61. And being a portion of the property devised to Thelma
Sutton Britt by the Last Will and Testament of Gurney Britt which has been duly probated in the
Estate File 84-E-282 in the office of the Clerk of Superior Court of Wayne County. Being the same
property described in Deed dated March 11, 2011, from Thelma Sutton Britt to Lela Faye Sutton
and husband Joe Dan Sutton, Sr., recorded in Book 2842, Page 794, in the Wayne County Registry.
FOURTH EXCEPTION: BEGINNING at a Mag nail in the centerline of N. C.
Secondary Road No. 1120 (O'Beny Road), said beginning point being located N. 87° 57' 02" W.
127.12 feet from a PK nail found at the centerline intersection of N. C. Secondary Road No. 1121
(McArthur Pond Road) and N. C. Secondary Road No. 1120 (O'Berry Road); thence from the
beginning with the centerline of N. C. Secondary Road 1120 (O'Beny Road), N. 87° 57' 02° W.
122.88 feet to a point; thence Ieaving said road center, N. 10* 20' 58" E. 529.00 feet to a point;
thence S. 89' 06' 44" E. 89.87 feet to an iron rod; thence S. 06° 45' 57" W. 496.96 feet to an iron
rod on the Northern right of way of N. C. Secondary Road No. 1120 (O'Beny Road); thence
continuing S. 06° 45' 57" W. 30.10 feet to a Mag nail in the centerline of N. C. Secondary Road
No. 1120 (O'Berry Road), the point of beginning containing 1.279 Acres more or less including
the right of way of N. C. Secondary Road No. 1120 (O'Berry Road). And being a portion of the
second tract as shown in Deed Book 379, Page 61, Wayne County Registry. And also being a
portion of the property devised to Thelma Sutton Britt by the Last Will and Testament of Gurney
Britt which has been duly probated in the Estate File 84-E-282 in the office of the Clerk of Superior
Court of Wayne County. Being the same property described in Deed dated March 11, 2011, from
Thelma Sutton Britt to Eddis Earl Britt and Linda Britt Hales, recorded in Book 2842, Page 781,
in the Wayne County Registry.
Page 16 of 16
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