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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 Page 1 of 12 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. Page 2 of 16 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. Page 2 of 12 Page 3 of 16 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. Page 3 of 12 Page 4 of 16 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 Page 4 of 12 Page 5 of 16 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 Page 5 of 12 Page 6 of 16 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 Page 6 of 12 Page 7 of 16 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. Page 7 of 12 Page 8 of 16 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] Page 8 of 12 Page 9 of 16 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: Page 12 of 12 c 01'KFtY PU Page 13 of 16 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. Page 14 of 16 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 ft. �p m tC a�g ; l All \ Z m rim 4 P \\\ $ ills g� 1H �o Af Roo cz r f F � F S' - �'I �s 01 al g}iV n m& _ U 2 if ;- . §2 - - L' 8 jjN.11 5, N H;41 a 1-12,11 o2S I I I i I goo o•D►momeeDD�DD�[ @@ 7 y 4 < fN� 011011 54 xf^Qa� y fan I I! I Q g qq y a��ZCY$ ji'.1$1 I 25 2 (, f g F s RE �XX N1111� III (z� � HP1j t a o 0 PI L y < 0 m z G spy R I� " m i a o CONSERVATION EASEMENT SURVEY 4, 1 1 ! �' K 3 a N , BRITT &HALES NUTRIENT OFFSET AND x A o w z pt 7 #a D c RIPARIAN BUFFER MITIGATION SITE E g o z t w Y d O , f C 9 g 0 + GRANTHAM TOWNSHIP WAYNE COUNTY, NC � � 4 pi c 2 z �� Go