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:
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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.
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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.
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P 3 �� 1 �ZA B 0NV i4gGe L / O-8
Pi gGF• 00K: gNF T �
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PAGE. 8 K e laf8 O/S
T236
1
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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
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'9ILLAGE 3 °�
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PIPE
/ (FOUND)
/
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/
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