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HomeMy WebLinkAbout20220139 Ver 2_Salem Recorded Plat-CE Deed_20230628ID#* 20220139 Version* 2 Select Reviewer: Katie Merritt Initial Review Completed Date 06/29/2023 Mitigation Project Submittal - 6/28/2023 Is this a Prospectus, Technical Proposal or a New Site?* Yes No Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Contact Name: * Email Address: Catherine Roland catherine@waterlandsolutions.com Project Information ID#: * 20220139 Version:* 2 Existing ID# Existing Version Project Type: DMS Mitigation Bank Project Name: Salem Nutrient Offset Bank County: Wayne Document Information Mitigation Document Type:* Mitigation Conservation Easement File Upload: Salem Recorded Plat-CE Deed.pdf 996.91KB Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name:* Catherine Roland Signature: )f��p - z& Ilflll�llllllllfl�l�lllllllllf �II�IIiIIIIIIIIINIII�fllf llllllfllllf I Doc ID: 013577690013 Type: CRP Recorded: 06/27/2023 at 11:28:26 AM Fee Amt: $26.00 Pape i of 13 Revenue Tax: $0.00 WAYNE COUNTY, NC CONSTANCE 8. CORAM REGISTER OF DEEDS sK3829PG828-840 PERMANENT CONSERVATION EASEMENT Excise Tax: 0 Parcel Identifier No.: 2692828741 Na N.C. Real EsWe Excise Tax Affixed Prepared by and return after recording to: Michael Best & Friedrich, LLP, Atty. Jack Wiggen, 5815 Oleander Drive, Suite 300, Wilmington, NC 28403 Brief description for the index: 12.322 acre Conservation Easement -61 THIS CONSERVATION EASEMENT ("Conservation Easement") made this —day of syna ^, 2023 by and between Water & Land Solutions, L.L.C., a North Carolina limited liability company with a mailing address of 7721 Six Forks Road, Suite 130, Raleigh, North Carolina, 27615, ("Grantor") and Unique Places to Save, a North Carolina non-profit corporation with a mailing address of P.O. Box 1183, Chapel Bill, North Carolina 27514 ("Grantee"). The designation 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. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Wayne County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"); WHEREAS, Grantee is a charitable, not -far -profit or educational corporation, association, or trust qualified under § 501(c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include one or more of the purposes (a)-(d) listed below: (a) retaining or protecting natural, scenic, or open -space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open -space use; (c) protecting natural resources; (d) maintaining or enhancing air or water quality. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlands and riparian resources and other natural values of approximately 12.322 acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is also a condition of the approval of the Salem Nutrient Offset Banking Instrument ("NOBI") and Bank Parcel Development Package ("BPDP") forthe Salem Nutrient Offset Bank, North Carolina Division of Water Resources ("NCDWR") Project ID# 2022-0139v2, which was approved by the NCDWR, and will be made and entered into by and between Water & Land Solutions, L.L.C., acting as the Bank Sponsor ("Bank Sponsor"), and the NCDWR. The Salem Nutrient Offset Bank is intended to be used to compensate for nutrient impacts to surface waters. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the Bank Sponsor and NCDWR ("Third -Parties" to include any successor entities or agencies) and may be exercised through the appropriate enforcement agency of the State of North Carolina, and that these rights are in addition to, and do not limit, the rights of enforcement under the NOBI or any permit or certification issued by the Third -Parties. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Area. 2 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 any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential, and/or commercial activities, including any rights of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the BPDP is allowable 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 the Bank Sponsor and shall not violate any part of Item M of Article Il. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. Signage. 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, ski ns giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area, except to restore natural topography or drainage patterns. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Subdivision. The Grantor and the Grantee agree that the Conservation Easement Area currently consists of one (l) Conservation Easement Area within one legal parcel. The Grantor may not further subdivide the Conservation Easement Area. No subdivision of the Conservation Easement Area shall limit the right of ingress and egress over and across the Property for the purposes set forth herein. Creation of a condominium or any de facto division of the Conservation Easement Area is prohibited. Lot line adjustments or lot consolidation without the prior written consent of the Grantee is prohibited. The Grantor may convey undivided interests in the real property underlying the Conservation Easement Area. The Grantor shall notify the Grantee immediately of the name, address, and telephone number of any grantee of an undivided interest in any property within the Conservation Easement Area. M. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for temporary or occasional access by the Third -Parties and the Grantee and their employees and agents, successors,_ assigns for purposes of constructing maintaining and monitoring the restoration enhancement and l2reservation of streams wetlands and riparian areas within the Cmervation Easement Area. N. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III. GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for himself, his personal representatives heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, including Water & Land Solutions, L.L.C. acting as the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of riparian areas within the Conservation Easement Area in accordance with the approved BPDP, and the NOBI described in the Recitals of this Conservation Easement. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee and the Third -Parties and their authorized representatives, successors and assigns shall also have the right to enter and go upon the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. Any access to the Property and Conservation Easement Area shall be through that certain "Variable Width Access Easement" more particularly described in Exhibit C attached hereto and incorporated herein (the "Access Easement Area"). ARTICLE V. ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee, and NCDWR are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the terms of this-ConservatiDwEawmenri"rwoufd lrrevorsibly"o-r-otheWise materially impair the Genefits`to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorney's fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The NCDWR shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation Easement. B. No failure on the part of the Grantee to enforce any covenant or 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. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor's control, including, without limitation, fire flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warran . Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the NCDWR. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the even it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder pursuant to N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severabilitv. The NOBI with corresponding BPDP, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. N F. Lone Term Management. If livestock or other animal operations will be maintained on the Property, Grantor is responsible for the cost and implementation of all long-term management activities associated with fencing to ensure livestock or other animals do not have access to the Conservation Easement Area. These activities include the construction, maintenance, and/or replacement of fence structures, as deemed necessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the Conservation Easement Area are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of suck taking to recover the full value of the taking, and all incidental and direct damages due to the taking. I. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. J. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Water & Land Solutions, L.L.C. 7721 Six Forks Road Suite 130 Raleigh, NC 27615 To Grantee: Unique Places to Save P.O. Box 1183 Chapel Hill, NC 27514 To Sponsor: Water & Land Solutions, L.L.C. 7721 Six Forks Road Suite 130 Raleigh, NC 27615 To NCDEQ-DWR: NCDEQ-- Division of Water Resources 401 & Buffer Permitting Branch 7 1617 Mail Service Center Raleigh, NC 27699-1601 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Section 2 of the BPDP, prepared by Bank Sponsor and acknowledged by the Grantor and Bank Sponsor to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be uses 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. N. Baseline Documentation Report. The characteristics of the Conservation Easement Area and status of improvements and development shall be described in a Baseline Documentation Report (the "Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline shall be acknowledged by the Grantee and the Grantor to be complete and accurate upon the completion of the mitigation activities conducted in the Conservation Easement Area (close out date of the mitigation project). Both the Grantee and the Grantor will have copies of the Baseline, and a copy will be retained in the Grantee's files. The Baseline will be used by the Grantee to assure that any future changes in the use or condition of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. [SIGNATURE PAGES TO FOLLOW] 8 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: Water & Land Solutions, L.L.C., a North Carolina limited liability company By: Name: Tommy Cousins Title: President NORTH CAROLINA COUNTY OF ADtlr'r✓ I, r 1ne45jQDV4v- A. SO ek M, a Notary Public in and for the County and State aforesaid, do hereby certify that Tommy Cousins personally appeared before me this day and acknowledged that he is the President of Water & Land Solutions, L.L.C., a North Carolina limited liability company, and that by authorization duly given, and as the act of the Grantor, he signed the foregoing Easement in its name, on its behalf and as its act and deed for the purposes stated herein. +L.. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 2,0 day of 3 .,ram , 2023. CHRISTOPHER A. SANTELLE Notary Public, North Carolina Wake County My Commission Expires Novamber 05, 2024 Signature of N ary CkE:�W(Nzr A Su.. ie— Isee— Printed Name of Notary Public My commission expires: Zo IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. GRANTEE: UNIQUE PLACES TO SAVE, a North Carolina non-profit corporation By: C0 Name: Title: ♦Gc. i� NORTH CAROLINA COUNTY OF , IS a Notary Public in and for the County and State aforesaid, do hereby c' 'fy that 15 personally appeared before me this day and acknowledged that he/she is the fit-- 0j) t-i Ve (Jr 1LCf,0r of Unique Places to Save, a North Carolina non-profit corporation, and that by authority duly given, and as the act of the Grantee, he/she signed the foregoing instrument in its name, on its behalf and as its act and deed for the purposes stated herein. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seat this the day of 2023. SIOt'£I k- -60V5WKIX3U01SSrWtU0:)4 !f ) FLU N ri Aluno�agwosung ignat Notary Pub* :m9nd AMON S)INVd U HaH] YA Printed Name of Notary Public My commission expires: f 3 10 EXHIBIT A Legal Description of the Property BEING all of that tract containing 35.892 Acres, more or less, including the right of way of NC Secondary Road No.1300 (Salem Church Road), or 35.785 Acres, more or less, excluding the right of way of N.C. Secondary Road No. 1300 (Salem Church Road), as shown on that map entitled "Survey for L.E. Warrick, Jr. Estate, Stoney Creek Township, Wayne County, NC", prepared by Bobby Rex Kornegay, Professional Land Surveyor, dated December 31, 2001, and recorded in Plat Cabinet L, Slide 75-J of the Wayne County Registry. Together with all rights and interest in and to that certain sixty (60) foot wide easement for ingress and egress to the road proposed by William D. Lane and wife, Carl Anne Lane (now Adler Lane), as set forth and reserved by Leslie E. Warrick, Jr. in a deed to William D. Lane and wife, Carol Anne Lane, recorded at Book 1508, Page 189, Wayne County Registry and being also shown as that 60.00 foot proposed road between lots 242 and 241 on Plat entitled "Final Map for Lane Tree Village" recorded at Plat Cabinet K, Slide 58-1, Wayne County Registry. This conveyance is made subject to all restrictions, easements and rights of way of record in the chain of title, if any. A-1 EXHIBIT B CONSERVATION EASEMENT AREA BEING THOSE AREAS CONTAINING A TOTAL OF 12.322 ACRES, AS SHOWN ON A PLAT OF SURVEY ENTITLED LAND CONSERVATION EASEMENT PLAT, (OWNER] WATER & LAND SOLUTIONS, L.L.C., SALEM NUTRIENT OFFSET BANK, STONEY CREEK TOWNSHIP, WAYNE COUNTY, NC, BY ASCENSION LAND SURVEYING, P.C., NC FIRM LICENSE NO: C-4288, NC PLS NO: L-5008, DRAWN BY: CHRISTOPHER L. COLE, DATE: 4/25/2023, AND RECORDED IN THE WAYNE COUNTY, NORTH CAROLINA REGISTER OF DEEDS AT PLAT BOOK 2j, PAGE �&ll (THE "SURVEY"), AND BEING FURTHER DESCRIBED AS FOLLOWS: CONSERVATION EASEMENT'V 536,771 S.F. +/-12.322 AC. BEGINNING AT A #4 REBAR HAVING GRID COORDINATES ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM (NAD/83) OF N: 622,391.82 AND E: 2,300,089.92; THENCE N 69°41'33" W 1397.57' TO A #4 REBAR, SAID REBAR HAVING COORDINATES OF N: 622,876.86 AND E: 2,298,779.22; THENCE S 09053'47" W 200.08' TO A #4 REBAR; THENCE N 80"06'13" W 203.07 TO A #4 REBAR; THENCE N 09°24'19" E 448.77' TO A #4 REBAR IN THE DITCH; THENCE S 70°48'39" E 46.99' TO A #4 REBAR IN THE DITCH; THENCE S 70°31'12" E 184.71' TO A #4 REBAR IN THE DITCH; THENCE S 70°31'12" E 130.15' TO A #4 REBAR IN THE DITCH; THENCE S 69°25'40" E 130.06' TO A #4 REBAR IN THE DITCH; THENCE 5 69'40'35" E 660.90' TO A #4 REBAR IN THE DITCH; THENCE S 69°36'47" E 857.75' TO A #4 REBAR IN THE DITCH; THENCE LEAVING THE DITCH S 00°5645" E 337.17' TO A #4 REBAR; THENCE N 79°43'50" W 423.92' TO A #4 REBAR; THENCE N 01°00'50" W 190.50' TO THE POINT AND PLACE OF BEGINNING. B-1 EXHIBIT C ACCESS EASEMENT AREA A VARIABLE WIDTH ACCESS EASEMENT OVER A PORTION OF LAND IN STONEY CREEK TOWNSHIP, WAYNE COUNTY, NORTH CAROLINA AS SHOWN ON A SURVEY PREPARED BY ASCENSION LAND SURVEYING WITH A PROJECT NUMBER OF 22-03-21 DATE: 4/25/2023 AND BEING RECORDED IN PLAT BOOK ZT PAGE $1.1 WITH THE WAYNE COUNTY REGISTER OF DEEDS OFFICE AND BEING ON THE LAND OWNED BY (NOW OR FORMERLY) WATER & LAND SOLUTIONS, L.L.C. BEGINNING AT AN EXISITNG NAIL IN "SALEM CHURCH ROAD"; THENCE N 79027'46" W 230.00' TO A SOLID IRON; THENCE N 12°01'05" E 213.70' (CROSSING AN IRON PIPE AT 205.90') TO A POINT IN THE CENTERLINE OF A DITCH; THENCE N 69°36'47" W 159.86' TO A #4 REBAR; THENCE LEAVING THE AFOREMENTIONED DITCH S 00°56'45" E 25.06' TO A POINT; THENCE S 69" 37,12" E 139,01, TO A POINT; THENCE S 12001'05" W 207.72' TO A POINT; THENCE S 79°2746" E 247.97' TO A POINT IN "SALEM CHURCH ROAD"; THENCE N 00°46'19" E 15.22' TO THE POINT AND PLACE OF BEGINNING. C-1 of 1 ntv: zy � d o G,gNF sF�RFF �/ o Ev\�VPGE P�TB/pN / KGB 6 czi ��t�E N �2 PA 00K: 2 O PL/8 gVED C�(J VP 5�cno OtL. 1 LOT a6. P LlC Rl ROtjr go RT PVN� D6,G 30,9 Og a 4%TREE Rw \ P GE 800 KLOFWgY P 3 �� 1 �ZA B 0NV i4gGe L / O-8 Pi gGF• 00K: gNF T � LqN \ 0 LOT 340 8 L ¢ PLgT l-lo 7LL G \Rw\ L) 9 O g E TREE V/ PgG 800 /4 F LgNF PLAT BO N 9 GE T \P[ e1L2 RBF LO 34p 8 L 4/ PSECi�/p8 V/LL PAGE. 8 K e laf8 O/S T236 1 LAN PL P/ATCT 0NREE 1 ,9 AGE PAGE. OOK: K LOT 23� J PL lV �NS� REE VILLAGE 0) P CT/ON E N: G22,87G.8G ,00K. K ° E: 2,298,770.22 LOT PAGE.38'J O PL 1 O PLAT 80 ECT ONILLLAGE NO LOT 39 GE' 5(5-J I m -PL 1 � I a � PLAT ,B ECT TREE '9ILLAGE 3 °� 07- K PqG N80°0G /3"W O LOT 240 E: 58 JI 203.07' U) PL \ P 4-1N5 TREE V N T 80OK T/ pN 94AGF I o LOT_2.4 'AG-. 58_J u, W v m � \ /-CL--WTILITY POLE ,gym - IRON PIPE / (FOUND) / h� / 44 NOW OR FORMERLY WATER AND LAND SOLUTIONS, LLC PARCEL ID: 2G9282874 I DEED BOOK: 3744 PAGE: 491 PLAT BOOK: L PAGE: 75-J ZONING: "IH" LINE TABLE LINE BEARING LENGTH L1 S70048'39"E 46.99' L2 S70031'1TE 184.71' L3 S7003I'll TE 130.15' L4 S69025'40"E 130.06' L5 S12001'05"W 213.70' L6 N00046' 19T 15.22' LITY POLE 8 LgT 0 N / '9GF g Rw PgGF OK: 4 1 L NF T �L3 RBF LOT 3 /O 8 L Q" se, V/L( 81 \ ' 0/5 4� L P1GT Bp0 /44GFLgNB • L `L4 T3// se, T4p V/LLg GRB460 5.5'0/S pE LgNCqGBKE0T30.8 T c s CRBF / P�9T T/OIV LAG 8 / F S69° \ PgGB OpK 4 SOT /0 8 L 2 ,q f'/ 40`�SF 344 /v W ti CONSERVATION EASEMENT "A` 53G,771 S.F. +/- 1 2.322 AC. CERTIFICATE OF SURVEY AND ACCURACY O I, CHRISTOPHER L. COLE, CERTIFY THAT THI5 PLAT WAS DRAWN UNDER MY ADLER LANE SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK 3744, PAGE 491 ; THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED A5 DRAWN FROM INFORMATION FOUND IN BOOK (AS SHOWN), PAGE (A5 SHOWN); THAT THE RATIO OF PREC1510N OR POSITIONAL ACCURACY A5 CALCULATED 15 0,07; THAT THI5 SITE PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 F-D A5 AMENDED AND THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION _ OF EXISTING PARCELS, A COURT -ORDERED SURVEY, OR OTHER EXEMPTION OR (UNNAMED SOIL PATH) EXCEPTION TO THE DEFINITION OF SUBDIVISION; _ o (1) CLA55 OF SURVEY: CLA55-A = Q m (2) POSITIONAL ACCURACY: 0.07' V OR (3) TYPE OF GPS FIELD PROCEDURE: RTK/VR5 w (4) DATES OF FIELD SURVEY: 3/23/2022 N VICINITY MAP (5) DATUM/EPOCH: NAD83/201 I (G) GEOID MODEL: 1 2A (NOT TO SCALE) (7) COMBINED GRID FACTOR(5): 0.99987817 (5) UNITS: U.S. SURVEY FEET NOTES: CM WITNESS MY ORIGINAL SIGNATURE, REGISTRATION LICENSE NUMBER AND SEAL (FOUND) 60 9 1) 5A515 OF BEARINGS: NCG5 GRID COORDINATES, THIS 9TH DAY OF JUNE, A.D.,2023 `y 'OG ,o�� NAD 83/201 I DATUM. Ch risto her L. COIe Digitally signed by Christopher L. Cole s ���,9F�'P �9 O l_ 2) ALL DISTANCES ARE HORIZONTAL GRID DISTANCES IN U.S. p Date: 2023.06.0910:23:56 04'00' �,P <90T'%��05'�� SURVEY FEET UNLESS OTHERWISE NOTED. ChR15TOFhER L. COLE `� O 9p REGISTRATION/LICENSE NO. NCPL5 L-500(5 \ O�� 0,� 3) THE AREAS SHOWN HEREON WERE COMPUTED USING THE /z- COORDINATE COMPUTATION METHOD. NC FIRM LICENSE NO. C-4288 IL 4) LINES NOT SURVEYED ARE SHOWN AS BROKEN LINE5 zo FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT. lq SETRFF 5) PROPERTY SUBJECT TO ALL EASEMENTS AND P FCT/ RESTRICTIONS OF RECORD. PgGT B pO oo�j� E / K L Q��� \ / \ G) THI5 PROPERTY DOES NOT LIE WITHIN A FLOODPLAIN L0T3 0-8 �N R h 43 , V/L 7) BOUNDARY LINES THAT FOLLOW WATER FEATURES SUCH e ° CM 1%1T ON / �GF A5 CREEKS ARE SUBJECT TO CHANGE DUE TO NATURAL (FOUND) /''1 800K. 3 CHANGES IN THE ALIGNMENT OF THE CREEK DUE TO r LOTE 6.0 L Q� LgN AVULSION, RELICTION, ER0510N AND OTHER NATURAL 0 328 F TRF e` CHANGES AND THAT IT MAY OR MAY NOT REPRESENT THE � ec7-10NV/44,1 ACTUAL LOCATION OF THE LIMIT OF TITLE, 8 3Ge / NOW OR FORMERLY WATEAND LAND SOLUTIONS, LLC PAR EL ID: 2G9282874 I DEED BOOK: 3744 PAGE: 49 1 IRON PLAT BOOK: L PAGE: 75-J PIPE ZONING: "iH" (FOUND) I �E rIE UTILITY POLE _ E UTILITY POLE Pmsentqd For Registration Dme-==Naw 0* . ZpZ—i NOW OR FORMERLY TiNM 1('. I5'_Ly AM PM 5E551E TYNDAL CONSTANCE 5. CORAM PARCEL ID: 2G92914999 Register DEED BOOK: 2335 PAGE: 330 *NOW County, N.C. ->As�is :nuty OWNER CERTIFICATION N,�p, 4 �4 Sol�hp�s, L• 1.• G - i (WE),'r ray AS THE OWNER(5) OF THIS PROPERTY, D ERTIFY THAT WE HAVE REVIEWED THIS EASEMENT EXHIBIT AND AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREON, AND BY OUR FREE WILL SIGN AND ACKNOWLEDGE THI5 MAP AND THAT IT REPRESENTS THE CONSERVATION EASEMENT A5 IT IS INTENDED TO EXIST AND AFFECT THE PROPERTY. WITNES MY(OUR) HAND AND SEAL, THI5 7 D* DAY OF I" , 20 13- NORTH CAROLINA ,:•�,.. • ,,,:, �. ;'•, COUNTY I. A NOTARY PUBLIC OF WkkE COUNTY, REVIEW OFFICER CERTIFICATION NORTH CAROLINA, HEREBY CERTIFY THAT THE DUE EXECUTION OF THE FOREGOING /� CERTIFICATE WAS DULY ACKNOWLEDGED BEFORE MET 5 DAYS I rfGra�REVIEW OFFICER OF p W Si NrlOji�tl�••I�•C. WAYNE COUNTY, CERTI THAT THE MAP OR PLAT TO BY T lA1Awi ll��S�VK� 0 FOR THE PURPOSE THEREIN WHICH THI5 CERTIFICATION 15 AFFIXED MEETS ALL EXPRESSED-T— STATUARY REQUIREMENTS FOR RECORDING FOR -N WHICH THE REVIEW OFFICER HAS RESPONSIBILITY AS WITNESS MAANDJAND NOTARY SEAL TH51DAY OF J M , 2023 PROVIDED BY LAW. REVIEW Off I R WAYNE COUNTY MAPPING DEPAR MENT NUTAIKY rut5iG MY COMMISSION EXPIRES PgGE OpK L L0T_ 6-0 4gNFCRF V/ 69°36'4 PP 7.8 N 3 GE 8S� L0TF• s L Q 326 N79° iE 43'S0"w 189 _— 2 71' NOW OR FORMERLY 5E551E TYNDAL PARCEL ID: 2G92914999 DEED BOOK: 2335 PAGE: 330 LEGEND 41IV s TREB P� 8/ON /LL,gG P,gGE O13 OK. L0T3 6_p 2S N m 8) THI5 PROPERTY LIES WITHIN IN THE WAYNE COUNTY "LITTLE RIVER WATERSHED PROTECTION AREA" F a L a PSECT/O V/LLg 4,9 T 6 N / GF n� P Op 3 ZOO gGF K:L U0 QOII � 1vG LOT32 O VARIABLE WIDTH 3 , • 64> w 4 ACCESS EASEMENT t c Q \ i39 0 ,' NZO \ v J� n (nQ m RON \ p Q M w" PIPE CO di -j (FOUND) W ^ L J • et• U� O N79 CITY POLE50__ 423 92' � PL 1 1 TIE 0 CALCULATED POINT RBF REBAR (FOUND) 0/5 OFFSET CM CONCRETE MONUMENT (FOUND) 0 PROPERTY CORNER REBAR (SET) —PL PROPERTY LINE (5UR YED) - — PL- — - PROPERTY LINE (Nt SURVEYED) ---RW--- RIGHT OF WAY TREE LINE - — TB- — - TOP OF BANK OVERHEAD UTILITY LINE --CE CONSERVATION EASEMENT CONSERVATION EASEMENT THI5 SURVEY DOES NOT REPRESENT A COMPLETE BOUNDARY SURVEY OF ANY TRACT SHOWN HEREON AND DOES NOT CHANGE OR ALTER ANY BOUNDARY LINES. THE PURPOSE OF THIS PLAT IS TO ILLUSTRATE THE LIMITS OF A LAND CONSERVATION EASEMENT AND TO CREATE A VARIABLE WIDTH ACCESS EASEMENT c � 0 3/0 /m SOLID Q IRON (FOUND) vq� S79°y27'40 NAIL ' RI BLEW1o7 � 2so.00 (FOUND) S7CCE-ASE�T PL 9 ell 1 ° 247,97 I 3 3 I � I I UTILITY POLE � 1 ( 1 1 1 OLID IRON (FOUND) LAND CONSERVATION EASEMENT PLAT (OWNER) WATER AND LAND SOLUTIONS, LLC STONEY CREEK TOWNSHIP, WAYNE COUNTY, NC "SALEM NUTRIENT OFFSET 13ANK?" , mcqu,44 7), e, Profe55ional Land Surveying * Con5ulting I G William5 Road, Mock5ville, NC 27028 Phone: (704) 579-7197 Emall: 5urveyor.chrl5OO7@6jmail.com NC FIRM LICENSE NC PLS NO: L-5008 NO: C-4288 PROJECT * 22-03-21 20' Of 60` 120, 240` 4 8 G 1 INCH = 120 FEET SHEET I. OF 1 SCALE: 1"-120? DATE: 4/25/2-023 PSECT/O V/LLg 4,9 T 6 N / GF n� P Op 3 ZOO gGF K:L U0 QOII � 1vG LOT32 O VARIABLE WIDTH 3 , • 64> w 4 ACCESS EASEMENT t c Q \ i39 0 ,' NZO \ v J� n (nQ m RON \ p Q M w" PIPE CO di -j (FOUND) W ^ L J • et• U� O N79 CITY POLE50__ 423 92' � PL 1 1 TIE 0 CALCULATED POINT RBF REBAR (FOUND) 0/5 OFFSET CM CONCRETE MONUMENT (FOUND) 0 PROPERTY CORNER REBAR (SET) —PL PROPERTY LINE (5UR YED) - — PL- — - PROPERTY LINE (Nt SURVEYED) ---RW--- RIGHT OF WAY TREE LINE - — TB- — - TOP OF BANK OVERHEAD UTILITY LINE --CE CONSERVATION EASEMENT CONSERVATION EASEMENT THI5 SURVEY DOES NOT REPRESENT A COMPLETE BOUNDARY SURVEY OF ANY TRACT SHOWN HEREON AND DOES NOT CHANGE OR ALTER ANY BOUNDARY LINES. THE PURPOSE OF THIS PLAT IS TO ILLUSTRATE THE LIMITS OF A LAND CONSERVATION EASEMENT AND TO CREATE A VARIABLE WIDTH ACCESS EASEMENT c � 0 3/0 /m SOLID Q IRON (FOUND) vq� S79°y27'40 NAIL ' RI BLEW1o7 � 2so.00 (FOUND) S7CCE-ASE�T PL 9 ell 1 ° 247,97 I 3 3 I � I I UTILITY POLE � 1 ( 1 1 1 OLID IRON (FOUND) LAND CONSERVATION EASEMENT PLAT (OWNER) WATER AND LAND SOLUTIONS, LLC STONEY CREEK TOWNSHIP, WAYNE COUNTY, NC "SALEM NUTRIENT OFFSET 13ANK?" , mcqu,44 7), e, Profe55ional Land Surveying * Con5ulting I G William5 Road, Mock5ville, NC 27028 Phone: (704) 579-7197 Emall: 5urveyor.chrl5OO7@6jmail.com NC FIRM LICENSE NC PLS NO: L-5008 NO: C-4288 PROJECT * 22-03-21 20' Of 60` 120, 240` 4 8 G 1 INCH = 120 FEET SHEET I. OF 1 SCALE: 1"-120? DATE: 4/25/2-023 N79 CITY POLE50__ 423 92' � PL 1 1 TIE 0 CALCULATED POINT RBF REBAR (FOUND) 0/5 OFFSET CM CONCRETE MONUMENT (FOUND) 0 PROPERTY CORNER REBAR (SET) —PL PROPERTY LINE (5UR YED) - — PL- — - PROPERTY LINE (Nt SURVEYED) ---RW--- RIGHT OF WAY TREE LINE - — TB- — - TOP OF BANK OVERHEAD UTILITY LINE --CE CONSERVATION EASEMENT CONSERVATION EASEMENT THI5 SURVEY DOES NOT REPRESENT A COMPLETE BOUNDARY SURVEY OF ANY TRACT SHOWN HEREON AND DOES NOT CHANGE OR ALTER ANY BOUNDARY LINES. THE PURPOSE OF THIS PLAT IS TO ILLUSTRATE THE LIMITS OF A LAND CONSERVATION EASEMENT AND TO CREATE A VARIABLE WIDTH ACCESS EASEMENT c � 0 3/0 /m SOLID Q IRON (FOUND) vq� S79°y27'40 NAIL ' RI BLEW1o7 � 2so.00 (FOUND) S7CCE-ASE�T PL 9 ell 1 ° 247,97 I 3 3 I � I I UTILITY POLE � 1 ( 1 1 1 OLID IRON (FOUND) LAND CONSERVATION EASEMENT PLAT (OWNER) WATER AND LAND SOLUTIONS, LLC STONEY CREEK TOWNSHIP, WAYNE COUNTY, NC "SALEM NUTRIENT OFFSET 13ANK?" , mcqu,44 7), e, Profe55ional Land Surveying * Con5ulting I G William5 Road, Mock5ville, NC 27028 Phone: (704) 579-7197 Emall: 5urveyor.chrl5OO7@6jmail.com NC FIRM LICENSE NC PLS NO: L-5008 NO: C-4288 PROJECT * 22-03-21 20' Of 60` 120, 240` 4 8 G 1 INCH = 120 FEET SHEET I. OF 1 SCALE: 1"-120? DATE: 4/25/2-023 c � 0 3/0 /m SOLID Q IRON (FOUND) vq� S79°y27'40 NAIL ' RI BLEW1o7 � 2so.00 (FOUND) S7CCE-ASE�T PL 9 ell 1 ° 247,97 I 3 3 I � I I UTILITY POLE � 1 ( 1 1 1 OLID IRON (FOUND) LAND CONSERVATION EASEMENT PLAT (OWNER) WATER AND LAND SOLUTIONS, LLC STONEY CREEK TOWNSHIP, WAYNE COUNTY, NC "SALEM NUTRIENT OFFSET 13ANK?" , mcqu,44 7), e, Profe55ional Land Surveying * Con5ulting I G William5 Road, Mock5ville, NC 27028 Phone: (704) 579-7197 Emall: 5urveyor.chrl5OO7@6jmail.com NC FIRM LICENSE NC PLS NO: L-5008 NO: C-4288 PROJECT * 22-03-21 20' Of 60` 120, 240` 4 8 G 1 INCH = 120 FEET SHEET I. OF 1 SCALE: 1"-120? DATE: 4/25/2-023