HomeMy WebLinkAbout20210536 Ver 1_RES-TobaccoRoad_Recorded_Easements_20230818Type: CONSOLIDATED REAL PROPERTY
Recorded: 7/28/2023 2:13:27 PM
Fee Amt: $127.00 Page 1 of 15
Revenue Tax: $101.00
Alamance, NC
David Barber Register of Deeds
BK 4495 PG 443 - 457
This instrument prepared by: Kennon Craver, PLLC,
a licensed North Carolina attorney,
Delinquent taxes, if any, to be paid by the
closing attorney to the County Tax Collector
upon disbursement of closing proceeds.
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PERMANENT CONSERVATION EASEMENT
Excise Tax: $ 1QI 00
Parcel Identifier No.: PIN 9810273348
Prepared by and return after recording to: EBX, c/o Stephen Colomb, 3600
Glenwood Ave., Suite 100, Raleigh, NC 27612
Brief description for the Index: 3.388 (+/-) acre Conservation Easement in
Alamance County, NC
HIS CONSERVATION EASEMENT ("Conservation Easement") made this
day Z of .j V I q __, 2023 by and between Steven Gerald Greeson and
wife, Deedra G. Greeson, whose mailing address is 4870 Mineral Springs Road,
Apt. A, Graham, NC 27253 ("Grantor") and Unique Places to Save, a North
Carolina non-profit corporation, whose mailing address is P.O. Box 1183, Chapel
Hill, North Carolina 27514 ("Grantee").
The designation 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 Alamance County, North Carolina, more particularly described in
Exhibit A attached hereto and incorporated herein (the "Property");
Book: 4495 Page: 443 Page 1 of 15
WHEREAS, Grantee is a charitable, not -for -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: wetlands, streams, and riparian buffers. The
purpose of this Conservation Easement is to maintain streams, wetlands and
riparian resources and other natural values of approximately 3.388 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 a condition of the approval of the Mitigation Plan
for the Tobacco Road Mitigation Site ("Mitigation Plan"), Department of the Army
("DA") Action ID Number SAW-2021-00489, for the RES Cape Fear 02 Umbrella
Mitigation Banking Instrument ("UMBI"), DA Action Number SAW-2016-01258,
entitled "Agreement to Establish the RES Cape Fear 02 Umbrella Mitigation Bank
in the Cape Fear River Basin within the State of North Carolina", entered into by
and between Environmental Banc & Exchange, LLC ("EBX"), acting as the bank
sponsor (together with the Buffer and Nutrient Offset Bank Sponsor (defined
below), collectively, the "Bank Sponsor"), and the Wilmington District Corps of
Engineers ("Corps"), in consultation with the North Carolina Interagency Review
Team ("IRT"). The Tobacco Road Mitigation Site has been approved by the
Corps for use as a mitigation bank to compensate for unavoidable stream and
wetland impacts authorized by DA permits.
WHEREAS, the restoration, enhancement and preservation of the
Conservation Easement Area is also a condition of the approval of the RES
Tobacco Road Riparian Buffer and Nutrient Offset Mitigation Banking Instrument
("Buffer and Nutrient Offset MBI") and Buffer Mitigation and Nutrient Offset Plan
("Buffer Mitigation and Nutrient Offset Plan") for the Tobacco Road Riparian
Buffer and Nutrient Offset Mitigation Bank, North Carolina Division of Water
Resources ("NCDWR") Project ID# 2021-0536 V1, which was approved by the
Book: 4495 Page: 443 Page 2 of 15
NCDWR, and will be made and entered into by and between EBX, acting as the
buffer and nutrient offset bank sponsor ("Buffer and Nutrient Offset Bank
Sponsor'), and the NCDWR. The Tobacco Road Riparian Buffer and Nutrient
Offset Site is intended to be used to compensate for riparian buffer and nutrient
impacts to surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights of
enforcement shall be held by EBX, NCDWR, and the Corps ("Third -Parties," to
include any successor agencies), 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 NCDWR Project ID# 2021-0536 V1 and the Department of the Army instrument
number SAW-2021-00489 ("Mitigation Banking Instrument"), 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.
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
Book: 4495 Page: 443 Page 3 of 15
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 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 Mitigation Plan and Buffer Mitigation and
Nutrient Offset Plan. Mowing of invasive and herbaceous vegetation for purposes
of enhancing planted or volunteer trees and shrubs approved in the Mitigation Plan
and Buffer Mitigation and Nutrient Offset Plan 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 Bank Sponsor and shall not violate
any part of Item M of Article II.
F. 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 orwalkways.
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, 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. 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.
1. 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
Book: 4495 Page: 443 Page 4 of 15
topography or drainage patterns. For purposes of restoring and enhancing streams
and wetlands within the Conservation Easement Area, Bank Sponsor is allowed to
perform grading, filling, and excavation associated with stream and wetland
restoration and enhancement activities as described in the Mitigation Plan and
authorized by Department of the Army Nationwide Permit 27.
J. Water Quality and Drains a 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 Grantee agree that the Conservation
Easement Area currently consists of one (1) Conservation Easement Area within
one (1) Alamance County tax parcel. The Grantor may not further subdivide the
Conservation Easement Area, except with the prior written consent of the Grantee.
If Grantor elects to further subdivide any portion of the Conservation Easement
Area, with written consent of Grantee, Grantor must provide the Grantee the name,
address, and telephone number of new owner(s) of all property within the
Conservation Easement Area, if different from Grantor. 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. Further, in the event of any
subdivision of the Property (whether inside or outside of the Conservation
Easement Area) provision shall be made to preserve not only Grantee's perpetual
rights of access to the Conservation Easement Area, as defined herein, but also
Grantee's right of perpetual access to any conservation easements on properties
adjacent to the Property which form a part of or are included in the Mitigation Plan
or Buffer Mitigation and Nutrient Offset Plan. 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 Grantee and the Third -Parties
Book: 4495 Page: 443 Page 5 of 15
and their employees and agents, successors, assigns for purposes of constructing,
maintaining and monitoring the restoration, enhancement and preservation of
streams, wetlands and riparian areas within the Conservation Easement Area. The
use of mechanized vehicles for monitoring purposes is limited to only existing roads
and trails as shown in the approved in the Mitigation Plan and Buffer Mitigation and
Nutrient Offset Plan.
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, transfer, 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 EBX acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area in accordance with the approved Mitigation Plan, the approved
Buffer Mitigation and Nutrient Offset Plan, and the two Mitigation Banking
Instruments described in the Recitals of this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee and the Third -Parties and their authorized representatives,
successors and assigns 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
Book: 4495 Page: 443 Page 6 of 15
access rights.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee and the Third -
Parties 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 Conservation Easement
is or would irreversibly or otherwise materially impair the benefits 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 attorneys' fees, shall be paid by Grantor, provided Grantor is
determined to be responsible for the breach. The Third -Parties 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 taken 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
Book: 4495 Page: 443 Page 7 of 15
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 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 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 the prior written consent and approval
of the Corps.
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 a qualified
holder pursuant to 33 CFR 332.7 (a)(1), 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 Severability. The combined Mitigation Banking
Instruments: UMBI with corresponding Mitigation Plan, and Buffer and Nutrient
Offset MBI with corresponding Buffer Mitigation and Nutrient Offset Plan, 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, except those incurred after the date hereof, which are expressly subject and
subordinate to the Conservation Easement. Grantee shall not be responsible for any
costs or liability of any kind related to the ownership, operation, insurance, upkeep,
Book: 4495 Page: 443 Page 8 of 15
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. Lon -Term- Management. Grantor is responsible for all long-term
management activities associated with fencing, if and where applicable. These
activities include the maintenance and/or replacement of fence structures 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 such 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:
Steven Gerald Greeson
4870 Mineral Springs Road
Apt. A
Graham, NC 27253
To Grantee:
Unique Places to Save
P.O. Box 1183
Chapel Hill, NC 27514
To Sponsor:
Book: 4495 Page: 443 Page 9 of 15
Environmental Banc & Exchange, LLC
c/o Resource Environmental Solutions, LLC
3600 Glenwood Avenue, Suite 100
Raleigh, NC 27612
To the Corps:
US Army Corps of Engineers Wilmington District, Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
To NCDE -DWR:
NCDEQ — Division of Water Resources 401 & Buffer Permitting Branch
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 3 of the Mitigation Plan, prepared by EBX and acknowledged
by the Grantor and Grantee to be complete and accurate as of the date hereof (the
"Report"). 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 during the approximate 7-year monitoring period will be consistent
with the terms of this Conservation Easement. However, the 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 wetlands, scenic, resource,
environmental, and other natural characteristics of the Conservation Easement
Area as they exist at the end of the approximate 7-year monitoring period of the
Tobacco Road Mitigation Site shall be described in a baseline documentation
report (the "Baseline") prepared by the Grantee with the cooperation of the Grantor.
The Baseline will be acknowledged by the Grantee and the Grantor to be complete
and accurate as of the date of the close-out notice of the Tobacco Road Mitigation
Site delivered to the Grantor by the Corps. Grantee shall provide to Grantor a copy
Book: 4495 Page: 443 Page 10 of 15
of the Baseline and retain for itself a copy in 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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Book: 4495 Page: 443 Page 11 of 15
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and
year first above written.
GRANTOR:
.,k ja-a--'".- (SEAL)
Steven Gerald Greeson
(SEAL)
eedra G. Greeson**
**Deedra G. Greeson joins in the execution of this Permanent Conservation
Easement solely to quitclaim any marital interest that she may have in the
Conservation Easement Area and does not join in any of the warranties or
covenants of this Permanent Conservation Easement.
NORTH CAROLINA
COUNTY OF A 4%—&hct
I, W At.&&• A , a Notary Public in and for the County and State
aforesaid, do hereby certify that Steven Gerald Greeson and Deedra G. Greeson 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 24 day
of 3� , 2023.
WILLIAM A JAMES
Notary Public, North Carolina
p� Wake County
�E Kil�r Commission Expires
November 04, 2023
Signature of Notary Public
-%Jttlr&- tt .Xnr•LS
Printed
Notary
PublicMYcmmsson expires: 0
?p 3
Z
Book: 4495 Page: 443 Page 12 of 15
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 Carolin non-profit .orporation
By: ,...
Name: 6-7 'a
_
— ......
NORTH CAROLINA
COUNTY OF&I'ymha)
I ___...... L.
, a Notary Public in and for the County and
State afo�aid, do ereby certl that
fY I personally
appeared before // me this day and acknowl dged that he/she is the
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 Seal this the
A day of ��__ , 2023.
v CHERYL ARKS
[SEAL] NOTARY PUBLIC
Buncombe County
North Carolina
MyComm isilon Explrn Aug.13, 3023
gnatur of Notary ublic
.,
Printed Name of ot�blic
My commission expires:C ozw
Book: 4495 Page: 443 Page 13 of 15
EXHIBIT A
Legal Description of the Property
BEING that 15.00 acres, more or less, tract or parcel of real property situated in Thompson
Township, Alamance County, North Carolina, being identified as PIN number 9810273348,
and more particularly described in a deed recorded in Book 3217, Page 243 in office of the
Alamance County Register of Deeds.
Book: 4495 Page: 443 Page 14 of 15
EXHIBIT B
Conservation Easement Area
BEING THOSE AREAS CONTAINING A COMBINED TOTAL OF 3.388 ACRES, AS SHOWN ON
A PLAT OF SURVEY ENTITLED "CONSERVATION EASEMENT SURVEY, TOBACCO ROAD
MITIGATION SITE', (OWNERS) MARVIN MORROW NEWLIN FAMILY LIMITED PARTNERSHIP
& (OWNERS) STEVEN GERALD GREESON, PREPARED FOR ENVIRONMENTAL BANC &
EXCHANGE, LLC, THOMPSON TOWNSHIP, ALAMANCE COUNTY, NC, NC PLS NO: L-5008,
NC FIRM LICENSE NO: C-4288, ASCENSION LAND SURVEYING P.C., PROJECT #21-07-59,
DATE: 1/31/2023, AND RECORDED IN THE ALAMANCE COUNTY, NORTH CAROLINA
REGISTER OF DEEDS AT PLAT BOOK 93, AT PAGE (THE "SURVEY"), AND
BEING FURTHER DESCRIBED AS FOLLOWS:
"CONSERVATION EASEMENT "A"
PARCEL IDENTIFICATION NUMBER (PIN) 161951
147,577 S.F.
+/- 3.388 AC.
BEGINNING AT A CALCULATED POINT IN THE CENTERLINE OF AN UNNAMED CREEK AND
BEING THE MOST NORTHWESTERN POINT OF THE EASEMENT DESCRIBED HEREIN; THENCE
ALONG THE CENTERLINE OF THE CREEK AND A COMMON LINE WITH (NOW OR FORMERLY)
MARVIN MORROW NEWLIN FAMILY LIMITED PARTNERSHIP, DEED BOOK 1172 PAGE 902 THE
FOLLOWING THIRTEEN (13) CALLS:
1) S58°42'58"E 43.7l' TO A CALCULATED POINT
2) S29°17'24"E 72.92' TO A CALCULATED POINT
3) S78°44'48"E 211.06' TO A CALCULATED POINT
4) N72°57'57"E 91.08' TO A CALCULATED POINT
5) S62°40'27"E 185.55' TO A CALCULATED POINT
6) N82°30'12"E 164.55' TO A CALCULATED POINT
7) N66°14'17"E 217.07' TO A CALCULATED POINT
8) N17°00'13"W 35.08' TO A CALCULATED POINT
9) N57°48'35"E 55.16' TO A CALCULATED POINT
10) S78°47'36"E 54.30' TO A CALCULATED POINT
11) N65°20'53"E 88.12' TO A CALCULATED POINT
12) S 49°33'29"E 31.50' TO A CALCULATED POINT
13) N59°51'23"E 121.68' TO A CALCULATED POINT; THENCE LEAVING THE CENTERLINE
OF THE CREEK AND ALSO LEAVING THE COMMON LINE OF THE AFOREMENTIONED S31 010'47"E
90.41' TO A #4 REBAR BEING THE MOST SOUTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S60°57'05"W 521.35' TO A #4 REBAR; THENCE N86015'00"W 464.35'
TO A #4 REBAR; THENCE N75°05'51 "W 238.40' TO A #4 REBAR; THENCE N51 °25'40"W 136.89' TO
A #4 REBAR; THENCE N33038'53"W 71.37' TO A #4 REBAR; THENCE N53051'07"E 69.99' TO THE
POINT AND PLACE OF BEGINNING.
TOGETHER WITH RIGHTS OF ACCESS OVER, ACROSS, AND THROUGH THE PROPERTY FOR
THE PURPOSES OF GRANTEE AND THE THIRD -PARTIES ACCESSING THE CONSERVATION
EASEMENT AREA AND FULFILLING THEIR RIGHTS AND OBLIGATIONS UNDER THIS
CONSERVATION EASEMENT.
Book: 4495 Page: 443 Page 15 of 15
Type: CONSOLIDATED REAL PROPERTY
Recorded: 7/28/2023 2:11:22 PM
Fee Amt: $1,040.00 Page 1 of 20
Revenue Tax: $994.00
Alamance, NC
David Barber Register of Deeds
BK 4495 PG 409 - 428
EXECU
This instrument prepared by: Kennon Craver, PLLC,
a licensed North Carolina attorney,
Delinquent taxes, if any, to be paid by the
closing attorney to the County Tax Collector
upon disbursement of closing proceeds.
PERMANENT CONSERVATION EASEMENT
0
:xcise Tax: $ qq L} . 00
'arcel Identifier No.: PIN 9810596562
V C
'repared by and return after recording to: EBX, c/o Stephen Colomb, 3600
SO )lenwood Ave., Suite 100, Raleigh, NC 27612
L y
grief description for the Index: 38.883 (+/-) acre Conservation Easement in
,lamance County, NC
CQ
c C W
V LL
J N iJ
0. of THIS CONSERVATION EASEMENT ("Conservation Easement") made
L this day ZS of 2023 by and between Marvin Morrow Newlin
Family Limited Partnership, a North Carolina limited partnership, whose mailing
m Iv address is c/o Samuel Ray Newlin, 903 Holland Drive, Fuquay-Varina, NC 27526
o t) L ("Grantor") and Unique Places to Save, a North Carolina non-profit corporation,
Whose mailing address is P.O. Box 1183, Chapel Hill, North Carolina 27514
Y o ("Grantee").
L 4J
CO N
The designation Grantor and Grantee as used herein shall include said
o v, parties, their heirs, successors and assigns, and shall include singular, plural,
L4J
r_ masculine, feminine or neuter as required by context.
O 4J
L •r40
W V) RECITALS
r V E
N C L
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WHEREAS, Grantor owns in fee simple certain real property situated, lying
g4J and being in Alamance County, North Carolina, more particularly described in
Exhibit A attached hereto and incorporated herein (the "Property");
�n rw
Book: 4495 Page: 409 Page 1 of 20
EXECUTION COPY
WHEREAS, Grantee is a charitable, not -for -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: wetlands, streams, and riparian buffers. The
purpose of this Conservation Easement is to maintain streams, wetlands and
riparian resources and other natural values of approximately 38.883 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 a condition of the approval of the Mitigation
Plan for the Tobacco Road Mitigation Site ("Mitigation Plan"), Department of the
Army ("DA") Action ID Number SAW-2021-00489, for the RES Cape Fear 02
Umbrella Mitigation Banking Instrument ("UMBI"), DA Action ID Number SAW-
2016-01258, entitled "Agreement to Establish the RES Cape Fear 02 Umbrella
Mitigation Bank in the Cape Fear River Basin within the State of North
Carolina", entered into by and between Environmental Banc & Exchange, LLC
("EBX"), acting as the bank sponsor (together with the Buffer and Nutrient
Offset Bank Sponsor (defined below), collectively, the "Bank Sponsor'), and the
Wilmington District Corps of Engineers ("Corps"), in consultation with the North
Carolina Interagency Review Team ("IRT"). The Tobacco Road Mitigation Site
has been approved by the Corps for use as a mitigation bank to compensate
for unavoidable stream and wetland impacts authorized by DA permits.
WHEREAS, the restoration, enhancement and preservation of the
Conservation Easement Area is also a condition of the approval of the RES
Tobacco Road Riparian Buffer and Nutrient Offset Mitigation Banking Instrument
("Buffer and Nutrient Offset MBI") and Buffer Mitigation and Nutrient Offset
Plan ("Buffer Mitigation and Nutrient Offset Plan") forthe Tobacco Road
Riparian Buffer and Nutrient Offset Mitigation Bank, North Carolina Division of
Water Resources ("NCDWR") Project ID# 2021-0536 V1, which was approved
by the NCDWR, and will be made and entered into by and between EBX,
Book: 4495 Page: 409 Page 2 of 20
EXECUTION COPY
acting as the buffer and nutrient offset bank sponsor ("Buffer and Nutrient
Offset Bank Sponsor"), and the NCDWR. The Tobacco Road Riparian Buffer
and Nutrient Offset Site is intended to be used to compensate for riparian buffer
and nutrient impacts to surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights -of
enforcement shall be held by EBX, NCDWR, and Corps ("Third -Parties," to
include any successor agencies), 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 NCDWR Project ID# 2021-0536 V1 and the Department of the Army
instrument number SAW-2021-00489 ("Mitigation Banking Instrument"), 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.
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.
Book: 4495 Page: 409 Page 3 of 20
EXECUTION COPY
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 rights of passage for such purposes
are prohibited.
D. A ricultural 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 Mitigation Plan and Buffer Mitigation
and Nutrient Offset Plan. Mowing of invasive and herbaceous vegetation for
purposes of enhancing planted or volunteer trees and shrubs approved in the
Mitigation Plan and Buffer Mitigation and Nutrient Offset Plan 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 Bank Sponsor and
shall not violate any part of Item M of Article II.
F. 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 orwalkways.
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, 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. 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
Book: 4495 Page: 409 Page 4 of 20
EXECUTION COPY
land in any manner on the Conservation Easement Area, except to restore
natural topography or drainage patterns. For purposes of restoring and
enhancing streams and wetlands within the Conservation Easement Area, Bank
Sponsor is allowed to perform grading, filling, and excavation associated with
stream and wetland restoration and enhancement activities as described in the
Mitigation Plan and authorized by Department of the Army Nationwide Permit 27.
1. 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 Grantee agree that the Conservation
Easement Area currently consists of nine (9) Conservation Easement Areas
within one (1) Alamance County tax parcel. The Grantor may not further
subdivide the Conservation Easement Area, except with the prior written consent
of the Grantee. If Grantor elects to further subdivide any portion of the
Conservation Easement Area, with written consent of Grantee, Grantor must
provide the Grantee the name, address, and telephone number of new owner(s)
of all property within the Conservation Easement Area, if different from Grantor.
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. Further, in the event of any subdivision of the Property (whether inside or
outside of the Conservation Easement Area) provision shall be made to preserve
not only Grantee's perpetual rights of access to the Conservation Easement
Area, as defined herein, but also Grantee's right of perpetual access to any
conservation easements on properties adjacent to the Property which form a part
of or are included in the Mitigation Plan or Buffer Mitigation and Nutrient Offset
Plan. 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
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limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited
other than for temporary or occasional access by the Grantee and the Third -
Parties and their employees and agents, successors, assigns for purposes of
constructing, maintaining and monitoring the restoration, enhancement and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area. The use of mechanized vehicles for monitoring purposes is
limited to only existing roads and trails as shown in the approved in the Mitigation
Plan and Buffer Mitigation and Nutrient Offset Plan.
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, transfer, 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 EBX acting as the Bank Sponsor, the right
to construct and perform activities related to the restoration, enhancement, and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area in accordance with the approved Mitigation Plan, the approved
Buffer Mitigation and Nutrient Offset Plan, and the two Mitigation Banking
Instruments described in the Recitals of this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee and the Third -Parties, and their authorized representatives,
successors and assigns, shall have the right to enter the Property, upon twenty
four (24) hours prior written notice to Grantor, on existing roads, trails and paths
and access the 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
Book: 4495 Page: 409 Page 6 of 20
EXECUTION COPY
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.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee and the
Third -Parties 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 Conservation Easement is or would irreversibly or otherwise
materially impair the benefits 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 attorneys' fees,
shall be paid by Grantor, provided Grantor is determined to be responsible for the
breach. The Third -Parties shall have the same rights and privileges as the said
Grantee to enforce the terms and conditions of this Conservation Easement.
Upon any breach of the terms of this Conservation Easement by Grantee that
comes to the attention of the Grantor, the Grantor shall notify the Grantee in
writing of such breach. The Grantee 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 Grantor may enforce this Conservation Easement by
appropriate legal proceedings including damages, injunctive and other relief.
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
Book: 4495 Page: 409 Page 7 of 20
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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 taken 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. 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 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 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 the prior written consent and
approval of the Corps.
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 a
qualified holder pursuant to 33 CFR 332.7 (a)(1), 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 Severability. The combined Mitigation Banking
Instruments: UMBI with corresponding Mitigation Plan, and Buffer and Nutrient
Offset MBI with corresponding Buffer Mitigation and Nutrient Offset Plan, 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
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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, except those incurred after the date hereof, which are
expressly subject and subordinate to the Conservation Easement. 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. Long -Term Management. Grantor is responsible for all long-term
management activities associated with fencing, if and where applicable. These
activities include the maintenance and/or replacement of fence structures 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 such 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
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may be hereafter specified by notice pursuant to this paragraph):
To cantor:
Marvin Morrow Newlin Family Limited Partnership
c/o Samuel Ray Newlin
903 Holland Drive
Fuquay-Varina, NC 27526
With copies to:
Holt, Longest, Wall & Moseley, PLLC
Attn: N. Madison Wall, II
3453 Forestdale Drive
Burlington, NC 27216
To Grantee:
Unique Places to Save
P.O. Box 1183
Chapel Hill, NC 27514
To S on or:
Environmental Banc & Exchange, LLC
c/o Resource Environmental Solutions, LLC
3600 Glenwood Avenue, Suite 100
Raleigh, NC 27612
To_the Corgis:
US Army Corps of Engineers Wilmington District, Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
To NCDEQ -DWR:
NCDEQ — DivisionofWater Resources 401 & Buffer Permitting Branch
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
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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 3 of the Mitigation Plan, prepared by EBX and
acknowledged by the Grantor and Grantee to be complete and accurate as of the
date hereof (the "Report"). Both Grantor and Grantee have copies of the Report.
It will be used by the parties to assure that any future changes in the use of the
Conservation Easement Area during the approximate 7-year monitoring period
will be consistent with the terms of this Conservation Easement. However, the
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 Repo . The wetlands, scenic, resource,
environmental, and other natural characteristics of the Conservation Easement
Area as they exist at the end of the approximate 7-year monitoring period of the
Tobacco Road Mitigation Site shall be described in a baseline documentation
report (the "Baseline") prepared by the Grantee with the cooperation of the
Grantor. The Baseline will be acknowledged by the Grantee and the Grantor to
be complete and accurate as of the date of the close-out notice of the Tobacco
Road Mitigation Site delivered to the Grantor by the Corps. Grantee shall provide
to Grantor a copy of the Baseline and retain for itself a copy in 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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Book: 4495 Page: 409 Page 11 of 20
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
GRANTOR:
Marvin Morrow Newlin Family Limited Partnership
a North Carolina limited partnership
By: Marvin Morrow Newlin Revocable Trust
Dated December 27, 1997, General Partner
By:
Samuel Ray Newlin,
Successor Co -Trustee
NORTH CAROLINA
COUNTY OF A I ew. to
I, __-14— A- a Notary Public in and for the County and State
aforesaid, do hereby certify that "7r ev)c. personally appeared before me
this day and acknowledged that he/she is t e 4yaeg.-r l'A- fir.►s>ki of Marvin Morrow
Newlin Revocable Trust Dated December 27, 1997, General Partner of Marvin Morrow
Newlin Family Limited Partnership, a North Carolina limited partnership, and that by
authority duly given, and as the act of the Grantor, 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 Seal this the
day of ')v I .12023.
Signature of Notal Public
WIk -ems
WILLIAM A JAMES
Notary Public, North Carolina
Wake County
[S_1,A.y Commission Expires
Ct/H�►�L ovember 04, 2023
Printed Name of Notary Public
My commission expires: ( ��
Book: 4495 Page: 409 Page 12 of 20
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
GRANTOR:
Marvin Morrow Newlin Family Limited Partnership
a North Carolina limited partnership
By: Marvin Morrow Newlin Revocable Trust
Dated December 27, 1997, General Partner
By: 971-444ry+,lit
Marvin BoydNewlin,
Successor Co -Trustee
NORTH CAROLINA
COUNTY OF AJAP--WC t
i I, A__ Uak -•-s _ , a Notary Public in and for the County and State
aforesaid, do hereby certify that w.,;.. D- personally appeared before me
this day and acknowledged that he/she is the ucc&sue. to-7,wk& of Marvin Morrow
Newlin Revocable Trust Dated December 27, 1997, General Partner of Marvin Morrow
Newlin Family Limited Partnership, a North Carolina limited partnership, and that by
authority duly given, and as the act of the Grantor, 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 Seal this the ZG
day of _1-u I� , 2023.
1LLIAM A JAMES
Notary Public, North Carolina
S Wake County
E 4 hommission Expires
November04, 2023
Signature of Notdry Public
Printed Name of Notary Public
My commission expires: tl 'LO
Book: 4495 Page: 409 Page 13 of 20
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
GRANTOR:
Marvin Morrow Newlin Family Limited Partnership
a North Carolina limited partnership
By: Marvin Morrow Newlin Revocable Trust
Dated December 27&L�
1997General Pa ner
BA44 A
Wilbur Andrews Newlin,
Successor Co -Trustee
NORTH CAROLINA
COUNTY OF _Almu- msce
WZ �l; w� c, , a Notary Public in and for the County and State
aforesaid, do hereby certify that W; _ _ �. ,g-,bGt.�r Al&,,I., personally appeared before me
this day and acknowledged that he/she is the S,.ctMr ta- 7rvsk of Marvin Morrow
Newlin Revocable Trust, Dated December 27, 1997, General Partner of Marvin Morrow
Newlin Family Limited Partnership, a North Carolina limited partnership, and that by
authority duly given, and as the act of the Grantor, 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 Seal this theIll
day of [_ , 2023.
WILLIAM A JAMES
Notary Public, North Carolina
Wake County
fission Expires
`s' oo ber04,2023
Signature of NotaVy Public
.I'f ..r
Printed Name of Notary Public
My commission expires: 11.1
Book: 4495 Page: 409 Page 14 of 20
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: - -
Name: /.. e F !—......
Title:
NORTH CAROLINA
COUNTY OF 6w)(vir I &V
1, ___, a Notary. Public in and for the County and
State aforesd, do hereby certify that ;'jCcr-j_�C�� personally appeared
before me this day and acknowledged that he/she is the c� .D.:c�.7��- 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 Seal this the
45 day ofc Uj....................._...--- ............. _. , 2023.
tgnatu e a Notary Public
[SE L] CHERYLPARKS
NOTARY PUBLIC
Buncombe County North Cerollna Printe Name of Notary Public
My Commission Expires Aug. is,2025�. My commission expires: 6QOa
Book: 4495 Page: 409 Page 15 of 20
EXECUTION COPY
EXHIBIT A
Legal Description of the Property
BEING that 298.8 acres, more or less, tract or parcel of real property situated in Thompson
Township, Alamance County, North Carolina, being identified as PIN number 9810596562,
and more particularly described in a deed recorded in Book 1172, Page 902 in office of
the Alamance County Register of Deeds.
Book: 4495 Page: 409 Page 16 of 20
EXECUTION COPY
EXHIBIT B
Conservation Easement Area
BEING THOSE AREAS CONTAINING A COMBINED TOTAL OF 38.883 ACRES, AS SHOWN ON
A PLAT OF SURVEY ENTITLED "CONSERVATION EASEMENT SURVEY, `TOBACCO ROAD
MITIGATION SITE', (OWNERS) MARVIN MORROW NEWLIN FAMILY LIMITED PARTNERSHIP
& (OWNERS) STEVEN GERALD GREESON, PREPARED FOR ENVIRONMENTAL BANC &
EXCHANGE, LLC, THOMPSON TOWNSHIP, ALAMANCE COUNTY, NC, NC PLS NO: L-5008,
NC FIRM LICENSE NO: C-4288, ASCENSION LAND SURVEYING P.C., PROJECT #21-07-59,
DATE: 1/31/2023, AND RECORDED IN THE ALAMANCE COUNTY, NORTH CAROLINA
REGISTER OF DEEDS AT PLAT BOOK , AT PAGE LJOH (THE "SURVEY"), AND
BEING FURTHER DESCRIBED AS FOLLOWS:
"CONSERVATION EASEMENT "B"
PARCEL IDENTIFICATION NUMBER (PIN) 161995
218,413 S.F.
+/- 5.014 AC.
BEGINNING AT A #4 REBAR BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S37°16'22"E 170.66' TO A #4 REBAR; THENCE S33°20'23"W
400.96' TO A #4 REBAR; THENCE S50°26'20"W 349.08' TO A #4 REBAR IN THE LINE OF (NOW
OR FORMERLY) STEVEN GERALD GREESON, DEED BOOK 3217 PAGE 243; THENCE WITH
THAT LINE N31 °10'47"W 90.41' TO A CALCULATED POINT IN THE CENTERLINE OF AN
UNNAMED CREEK; THENCE ALONG THE CENTERLINE OF THE CREEK THE FOLLOWING
THIRTEEN (13) CALLS:
1) S59051'23"W 121.68' TO A CALCULATED POINT
2) N49°33'29"W 31.50' TO A CALCULATED POINT
3) S65°20'53" W 88.12' TO A CALCULATED POINT
4) N78047'36"W 54.3070 A CALCULATED POINT
5) S57048'35"W 55.16' TO A CALCULATED POINT
6) S17°00'l3"E 35.08' TO A CALCULATED POINT
7) S66014'17"W 217.07' TO A CALCULATED POINT
8) S82°30'12"W 164.55' TO A CALCULATED POINT
9) N62040'27"W 185.55' TO A CALCULATED POINT
10) S72°57'57"W 91.08' TO A CALCULATED POINT
11) N78°44'48"W 211.06' TO A CALCULATED POINT
12) N29017'24"W 72.92 TO A CALCULATED POINT
13) N58°42'58"W 43.71' TO A CALCULATED POINT; THENCE LEAVING THE
CENTERLINE OF THE CREEK AND THE LINE OF THE AFOREMENTIONED "GREESON"
TRACT N54003'48"E 86.94' TO A #4 REBAR; THENCE S50039'56"E 196.9970 A #4 REBAR;
THENCE S87055'05"E 486.88' TO A #4 REBAR; THENCE N64027'27"E 389.01' TO A #4 REBAR;
THENCE N50009'43"E 461.40' TO A #4 REBAR; THENCE N30024'49"E 248.25' TO A #4 REBAR;
THENCE N45056'45"E 118.87' TO THE POINT AND PLACE OF BEGINNING.
"CONSERVATION EASEMENT "C"
PARCEL IDENTIFICATION NUMBER PIN 161995
Book: 4495 Page: 409 Page 17 of 20
EXECUTION COPY
619,817 S.F.
+/- 14.229 AC.
BEGINNING AT A #4 REBAR HAVING COORDINATES ON THE NORTH CAROLINA STATE PLANE
COORDINATE SYSTEM OF N: 809,011.29 AND E: 1,913,653.34; THENCE N77°19'51"E 112.13, TO A
#4 REBAR; THENCE S30°32'32"E 228.07' TO A #4 REBAR; THENCE S30°40'54"W 105.22' TO A #4
REBAR; THENCE S21 °39'27"E 63.06' TO A #4 REBAR; THENCE N76043'52"E 350.67' TO A #4
REBAR; THENCE S79°45'56"E 83.16' TO A #4 REBAR; THENCE N73°35'34"E 604.96' TO A #4
REBAR; THENCE N87°59'04"E 150.64' TO A #4 REBAR; THENCE N53°15'21"E 283.36' TO A #4
REBAR; THENCE N61 °24'39"E 191.80' TO A #4 REBAR; THENCE N83°40'59"E 50.64' TO A #4
REBAR; THENCE S72°18'33"E 135.82' TO A #4 REBAR; THENCE S15°15'38"W 99.69' TO A #4
REBAR; THENCE S58°18'26"W 465.97' TO A #4 REBAR; THENCE S12°06'23"E 212.80' TO A #4
REBAR; THENCE S17°27'23"W 68.91' TO A #4 REBAR; THENCE N79042'10"W 127.49' TO A #4
REBAR; THENCE N51 °24'47"W 44.23' TO A #4 REBAR; THENCE N11 °30'00"W 175.28' TO A #4
REBAR; THENCE S79°54'49"W 446.93' TO A #4 REBAR; THENCE S70°43'26"W 480.57' TO A #4
REBAR; THENCE S05°54'36"E 51.18' TO A #4 REBAR; THENCE S48°55'01 "E 467.85' TO A #4
REBAR; THENCE S51 °00'00"W 141.61' TO A #4 REBAR; THENCE N57015'58"W 91.04' TO A #4
REBAR; THENCE N50°04'24"W 438.56' TO A #4 REBAR; THENCE S84°03'35"W 211.91' TO A #4
REBAR; THENCE S56026'39"W 270.58' TO A #4 REBAR; THENCE N37011'08"W 156.87' TO A #4
REBAR; THENCE N26°10'21 "E 108.50' TO A #4 REBAR; THENCE N61 °21'31 "E 301.46' TO A #4
REBAR; THENCE N07°28'28"W 407.89' TO THE POINT AND PLACE OF BEGINNING.
"CONSERVATION EASEMENT "D"
PARCEL IDENTIFICATION NUMBER (PIN) 161995
53,591 S.F.
+/- 1.230 AC.
BEGINNING AT A #4 REBAR BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S02°52'29"W 181.71' TO A #4 REBAR; THENCE S50036'44"W 226.07'
TO A #4 REBAR; THENCE N74°34'59"W 148.36' TO A #4 REBAR; THENCE N10°57'21"E 60.73;
THENCE N44042'04"E 105.23' TO A #4 REBAR; THENCE N57°56'56"E 284.69' TO THE POINT AND
PLACE OF BEGINNING.
"CONSERVATION EASEMENT "E"
PARCEL IDENTIFICATION NUMBER PIN 161995
228,906 S.F.
+/- 5.255 AC.
BEGINNING AT A #4 REBAR BEING THE MOST NORTHEASTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S32°06'23"E 119.05' TO A #4 REBAR; THENCE S41 °58'50"W 822.39'
TO A #4 REBAR; THENCE S64°51'36"W 224.27' TO A #4 REBAR; THENCE S01 °43'38"E 55.99' TO A
#4 REBAR; THENCE S37°17'55"E 122.04' TO A #4 REBAR; THENCE N81 °32'37"W 172.41' TO A #4
REBAR; THENCE N32°06'53"W 83.51' TO A #4 REBAR; THENCE N31 °03'42"E 203.68' TO A #4
REBAR; THENCE N31 °42'04"E 223.55' TO A #4 REBAR; THENCE N32004'00"E 188.05' TO A #4
REBAR; THENCE N58027'23"E 309.50' TO A #4 REBAR; THENCE N43°55'16"E 198.83' TO A #4
REBAR; THENCE N71 °26'36"E 110.79' TO THE POINT AND PLACE OF BEGINNING.
"CONSERVATION EASEMENT "F"
Book: 4495 Page: 409 Page 18 of 20
EXECUTION COPY
PARCEL IDENTIFICATION NUMBER (PIN) 161995
25,728 S.F.
+/- 0.591 AC.
BEGINNING AT A #4 REBAR BEING THE MOST NORTHWESTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S88°47'00"E 116.17' TO A #4 REBAR; THENCE S62055'37"E 85.85'
TO A #4 REBAR; THENCE S15°29'55"E 100.35' TO A #4 REBAR; THENCE S55059'29"W 100.65' TO
A #4 REBAR; THENCE N55054'09"W 67.29' TO A #4 REBAR; THENCE N27°06'03"W 176.15' TO THE
POINT AND PLACE OF BEGINNING.
"CONSERVATION EASEMENT "G"
PARCEL IDENTIFICATION NUMBER (PIN) 161995
110,126 S.F.
+/- 2.528 AC.
BEGINNING AT A #4 REBAR BEING THE MOST NORTH CORNER OF THE EASEMENT DESCRIBED
HEREIN; THENCE S43048'44"E 82.88' TO A #4 REBAR; THENCE S17°12'01"E 116.91' TO A #4
REBAR; THENCE S07°07'17"E 282.30' TO A #4 REBAR; THENCE N74°07'12"E 63.31' TO A #4
REBAR; THENCE S09°29'01 "E 179.81' TO A #4 REBAR; THENCE S75°43'26"W 235.91' TO A #4
REBAR; THENCE N32°20'03"W 131.95' TO A #4 REBAR; THENCE N20046'27"E 146.41' TO A #4
REBAR; THENCE N01 °30'45"W 149.71' TO A #4 REBAR; THENCE N15°20'07"W 154.06' TO A #4
REBAR; THENCE N31 °09'28"E 143.97' TO THE POINT AND PLACE OF BEGINNING.
"CONSERVATION EASEMENT "H"
PARCEL IDENTIFICATION NUMBER (PIN) 161995
79,500 S.F.
+/- 1.825 AC.
BEGINNING AT A #4 REBAR BEING THE MOST NORTHWESTERN CORNER OF THE EASEMENT
DESCRIBED HEREIN AND ALSO HAVING COORDINATES ON THE NORTH CAROLINA STATE
PLANE COORDINATE SYSTEM OF N: 811,151.61 AND E: 1,916,307.49; THENCE N63°14'59"E
203.52' TO A #4 REBAR; THENCE S32°39'02"E 87.29' TO A #4 REBAR; THENCE S09°13'04"E 73.36'
TO A #4 REBAR; THENCE S47°38'42"E 109.39' TO A #4 REBAR; THENCE S38°34'11"E 189.23' TO A
#4 REBAR; THENCE S31 °07'02"W 157.66' TO A #4 REBAR; THENCE N51 °01'48"W 155.52' TO A #4
REBAR; THENCE N24°01'58"W 135.60' TO A #4 REBAR; THENCE N36°00'26"W 158.05' TO A #4
REBAR; THENCE N55°21'07"W 108.04' TO THE POINT AND PLACE OF BEGINNING.
"CONSERVATION EASEMENT "I"
PARCEL IDENTIFICATION NUMBER PIN 161995
258J93 S.F.
+/- 5.927 AC.
BEGINNING AT A #4 REBAR BEING THE MOST NORTH CORNER OF THE EASEMENT DESCRIBED
HEREIN; THENCE S16°31'03"E 125.24' TO AN EXISTING IRON PIPE; THENCE S29041'04"E 235.80'
TO AN EXISITNG IRON PIPE; THENCE S19°51'29"E 126.87' TO AN EXISTING IRON PIPE; THENCE
N81035'49"E 393.98' TO AN EXISTING IRON PIPE; THENCE S16°41'23"E 167.13' TO A #4 REBAR;
THENCE S59012'51"W 427.12' TO A #4 REBAR; THENCE S66°21'13"W 214.84' TO A #4 REBAR;
THENCE N22054'37"W 55.24' TO A #4 REBAR; THENCE N39°45'29"W 62.32' TO A #4 REBAR;
THENCE N09033'34"W 636.72' TO A #4 REBAR; THENCE N81 °43'29"E 30.66' TO A #4 REBAR;
THENCE N29010'55"E 137.97' TO THE POINT AND PLACE OF BEGINNING.
Book: 4495 Page: 409 Page 19 of 20
EXECUTION COPY
"CONSERVATION EASEMENT "J"
PARCEL IDENTIFICATION NUMBER (PIN) 161995
99,494 S.F.
+1- 2.284 AC.
BEGINNING AT AN EXISTING IRON PIPE BEING THE MOST NORTH CORNER OF THE EASEMENT
DESCRIBED HEREIN; THENCE S61°24'05"E 141.40' TO AN EXISTING IRON PIPE; THENCE
S12000'00"E 26.88' TO AN EXISTING IRON PIPE; THENCE S39°48'35"W 174.56' TO A #4 REBAR;
THENCE S43030'15"W 136.96' TO A #4 REBAR; THENCE S59°07'03"W 159.24' TO A #4 REBAR;
THENCE N15008'42"W 183.80' TO AN EXISTING IRON PIPE; THENCE N23°14'19"E 317.14' TO AN
EXISITNG IRON PIPE; THENCE N38°24'02"E 12.81' TO THE POINT AND PLACE OF BEGINNING.
TOGETHER WITH RIGHTS OF ACCESS OVER, ACROSS, AND THROUGH THE PROPERTY ON
EXISTING ROAD, TRAILS AND PATHS FOR THE PURPOSES OF GRANTEE AND THE THIRD -
PARTIES ACCESSING THE CONSERVATION EASEMENT AREA AND FULFILLING THEIR RIGHTS
AND OBLIGATIONS UNDER THIS CONSERVATION EASEMENT.
Book: 4495 Page: 409 Page 20 of 20