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HomeMy WebLinkAbout20201938 Ver 2_Loop Road Recorded CE_20230825Page 1 of 14 :��I II �1111f ���f f f Illlf [I[II llll IIII IIIIf I[I[IIIII[!I[II[lllllll[f[lll� II[I II[l. D06'ID:-013613440014 Type: CRP 4'Recorded.::'08/23/2023 at 03:40:58 PM ' Fee Amt-:.$355'oo Pape i of 14 Revenue Tax: $329.00 NAYNE COUNTY, NC CONSTANCE'B. CORAM REGISTER OF DEEDS BK3842 PG67-80 RECORDING REQUESTED BY AND WHEN RECORDED ennTrrrt'rLTd Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, North Carolina 28203 Attn: Matt Covington I��- �zce-coo SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this 23 day of August, 2023 by and between Mills Family Properties, LLC, a North Carolina limited liability company ("Grantor") and Unique Places to Save, a North Carolina non-profit corporation ("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 Wayne County, North Carolina, more particularly shown on Exhibit A attached hereto and incorporated herein (''Property') and being the Property conveyed to the Grantor by deed as recorded in Deed Book 2475 at Page 743 of the Wayne County Registry, North Carolina (Tax•Parcel Identification Number 2566103958). WHEREAS, Grantee is a 501(c)(3) North Carolina nonprofit corporation whose purpose includes the perpetual conservation of the Conservation Easement Area (as defined) and which is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.§ 121-35. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the Property in its natural state, which includesthe following natural communities: Relatively natural aquatic and terrestrial habitat associated with one unnamed tributary and two ditches flow to another unnamed tributary which extends for approximately half a mile until it flows into Falling Creek. Falling Creek eventually flows into the Neuse River. The purpose of this Conservation Easement is to maintain riparian 5.9.22 tp/mtc Page 2 of 14 resources and other natural values of approximately 13.69 acres 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 preservation of the Conservation Easement Area is required by the Loop Road Mitigation Banking Instrument ("MBI") (DWR #20204938v2). The Conservation Easement Area will be restored to a natural vegetated condition as provided in and specified in the Loop Road Mitigation Bank Parcel Development Package ("BPDP"). The Loop Road Mitigation Bank is intended to be used to compensate for unavoidable buffer impacts authorized by permits issued by the North Carolina Division of Water Resources ("NCDWR") and to provide mitigation for nutrient offsets due to development (both existing and proposed) within restricted areas of the Neuse River Basin. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by Wildlands Holdings IX, LLC (the "Bank Sponsor") and NCDWR, including any successor entities or 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 enforcement rights under the MBI, BPDP, or any permit or certification issued by Third -Parties. The Bank Sponsor's right of enforcement shall terminate upon close-out and final release of all mitigation credits from the Loop Road Mitigation Bank. 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 in Exhibit B, together with the right to preserve and protect the conservation values thereof as set forth below. Further, for the purpose of providing uninterrupted ingress to and egress from the Conservation Easement Area to access Loop Road (N.C.S.R. 1126), Grantor grants and conveys unto Grantee, its successors and assigns, a perpetual non-exclusive easement for ingress, egress, and regress to and from the Conservation Easement Area on, over, and across the Property and any other .right-of-way appurtenant to the Property. 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. 2 5.9.22 tp/mtc Page 3of14 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 or other activities that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance -of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be. no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited in the Conservation Easement Area. 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 on the Conservation Easement Area except as provided in the MBI. and BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteertrees and shrubs approved in the MBI and 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 11. 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 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, 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 3 5.9.22 tp/mtc Page 4 of 14 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. J. 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 Conservation 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 land area totaling approximately 13.69 acres within the Property. The Grantor may not further subdivide the Conservation Easement Area, except with the priorwritten consent of the Grantee. If Grantee grants permission for Grantor to further subdivide any portion of the Conservation Easement Area, 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 MBI and/or the BPDP or as otherwise acknowledged. 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 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, otherthanfortemporary access for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as described in the MBI and/or BPDP. 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. 4 5.9.22 tp/mtc Page 5 of 14 ARTICLE III GRANTOR'S RESEVERED 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 as provided in Article II, Paragraph L, 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, successors and assigns, and the Bank Sponsor, the right to construct a nutrient offset and riparian buffer mitigation bank within the Conservation Easement.Area, in accordance with the MBI and BPDP. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the Bank Sponsor and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting said property 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 shall also have the right to enter and go upon the Property and 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 ENFORCEMENTAND REMEDIES A. To accomplish the purposes of this Conservation, Easement, Grantee is allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Conservation 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 term of this Conservation Easement is orwould 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 5.9.22 tp/mtc Page 6 of 14 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 Bank Sponsor and NCDWR shall have the same right to enforce the terms and conditions of the Conservation Easement as the Grantee. 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 Conservation Easement Area 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 to the Grantee of such transfer at least thirty (30) 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 NCDWR. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, howeverthat 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 under N.C. Gen. Stat. § 121-34 et seq. 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 Conservation Easement. D. Entire Agreement and Severability. The MBI, BPDP and this Conservation Easement set forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all 6 5.9.22 tp/mtc Page 7 of 14 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. F. 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. G. 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 prevent livestock and other animal encroachments into the Conservation Easement Area from the Property. 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 this Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Conservation Easement Area unencumbered by this Conservation Easement (minus Any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Conservation Easement Area (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, orwhich would have been used, to calculate a deduction forfederal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement, which, as stated above, include the maintenance and preservation of riparian natural resources in North Carolina or other geographies within North America. 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): 7 5.9.22 tp/mtc Page 8of14 To Grantor: Mills Family Properties, LLC 442 Mills Road Goldsboro, NC 27530 Attn: Donna Mills, Donnarie Mills and Randy Mills, Co -Managers To Grantee: Unique Places to Save P O Box 1183 Chapel Hill, NC 27514 To NCDWR: NCDENR -- Division of Water Resources 401 & Buffer Permitting Unit Attn: Nutrient Offset Banking Coordinator 165E Mail Service Center Raleigh, NC 27699-1650 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 upon.approval by the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement maybe amended, but only in writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement orthe 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. a. BPDP. 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, dated June 2028, prepared by Wildlands Engineering, Inc. and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of the BPDP. It will be used by the parties to assure that any future changes in the use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Conservation Easement Area if there is a controversy over its use. b. Baseline Documentation Report. The characteristics of the Conservation Easement Area and the 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 completion of the mitigation activities conducted in the Conservation Easement Area (close out date of the mitigation project). Both the Grantee and the Grantorwill have copies of the Baseline, and a copy will be retained 8 5.9.22 tp/mtc Page 9of14 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. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and yearfirst above written. GRANTOR: Mills Family Properties, LLC, a North Carolina limited liability company By: a (SEAL) Donna Mills, to-POIanager Date: NORTH CAROLINA COUNTY OF N U I certify that Donna Mills personally appeared before me this day, acknowledging to me that she is Co - Manager of Mills Family Properties, LLC, a North Carolina limited liability company and that she, as Co - Manager, being authorized to do so, executed the foregoing on behalf of Mills Family Properties, LLC. jB WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the R3 rcA— day of 2023. yl�,kA a_ - (Stamp or Seal) Notary Public ��•�pTARy' o_ PUBIC, ,'qY`-----�,�.. My commission expires: I iI W'] 5.9.22 tp/mtc Page 10 of 14 GRANTOR: Mills Family Properties, LLC, a North Carolina limited liability company By: (SEAL) Donnarie Hales, Co -Manager Date: L5i 23� Z� NORTH CAROLINA COUNTY OF I certify that Donnarie Hales personally appeared before me this day, acknowledging to me that she is Co -Manager of Mills Family Properties, LLC, a North Carolina limited liability company and that she, as Co -Manager, being authorized to do so, executed the foregoing on behalf of Mills Family Properties, LLC. IN WITH SS WHEREOF, I have hereunto set my hand and Notary Seal this the �a� day of 2023. 9- (Stamp or Seal) Notary Public ,,! I qIrrryr" •CN A -A 4 L TAR O=_ PUBL\G • .Q tiFco �N My commission expires: 10 5.9.22 tp/mtc Page 11 of 14 GRANTOR: Mills Family Properties, LLC, a North Carolina limited liability company r J By: //4(SEAL) Randy Mill o-Manager Date: $-,23—;?- NORTH CAROLINA COUNTY OF L✓ ct. C- I certify that Randy Mills personally appeared before me this day, acknowledging to me that he is Co - Manager of Mills Family Properties, LLC, a North Carolina limited liability company and that he, as Co - Manager, being authorized to do so, executed the foregoing on behalf of Mills Family Properties, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the A .3 day of 4 ✓4, 2023. (Stamp or Seal) N ary Pu /�1�L7e�•� Lc.r �"95 Wotan �ub►k Meckleabut4 Cou"W HC My commission expires: 11 5.9.22 tpfmtc Page 12 of 14 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: (SEAL) Clark Harris, Executive Director Date: rl l Vg. . L111=hO County, North Carolina I,-. L'X/ 1 ] t _) , a Notary Public in and for the County and State aforesaid, do hereby certify ihat Clark Harris, personally appeared before me this day and acknowledged that he is Executive Director of Unique Places to Save, anon -profit corporation, and that he, as Executive Director, being authorized to do so, executed the foregoing on behalf of the corporation. IN WITNESS WHEREOF; I have hereunto set my hand and Notary Seal this the ff' day of 2023. (Official Stamp or Seal) CHERYL PARKS ,NOTARY PUBLIC Buncombe County North Carolina MyCommisslon Expires Aug. 13, 2025 to eiric My commission expires: 12 5.9.22 tp/mtc Page 13 of 14 EXHIBIT A lxhiblt A - Property W 1 L D LANDS 0 500 1,000 Feet Loop Road Mitigation Bank Parcel ENGINEERING I I I I l Neuse River Basin (03020201) 13 Wayne County, NC 5.9.22 tp/mtc Page 14 of 14 EXHIBIT B CONSERVATION EASEMENT OF THE LOOP ROAD SITE Conservation Easement Area All of the Conservation Easement Area of the Loop Road Site over a portion of the land of Mills Family Properties, LLC (Parcel ID: 2566103958) lying and being situated in Grantham Township, Wayne County, North Carolina and particularly described as follows (all distances are ground distances unless otherwise noted): Beginning at an iron stake (Point of Beginning) labeled as Point No. 9 and being located South 39037'23" East 215.33 feet from an iron stake (Point No. 10) with N.C. Grid Coordinates N= 559,824.1058', E= 2,258,661.4764' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 9), North 05°07'59" East 400.64' to an iron stake; thence South 84°37'37" East 848.84' to an iron stake; thence North 08'02'54" East 774.88' to an iron stake; thence South 8005113" East 212.56' to an iron stake; thence South 06047'58" West 927.20' to an iron stake; thence South 28040'50" West 55.68' to an iron stake; thence South 77054'14" West 40.87' to an iron stake; thence South 10037'29" West 189.53' to an iron stake; thence North 83034'05" West 994.16' to an iron stake; which is the point of beginning, having an area of 13.69 acres. 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