20160393 Ver 4_RECORDED EASEMENT - Bandit Farms and UP2S - DB 6835 PG 1679_20240109

ID#* 20160393 Version* 4
Select Reviewer:
Katie Merritt
Initial Review Completed Date 01/10/2024
Mitigation Project Submittal - 1/9/2024
Is this a Prospectus, Technical Proposal or a New Site?* Yes No
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name: * Email Address:
Daniel Ramsay [e-mail]
Project Information
ID#: * 20160393 Version: * 4
Existing ID# Existing Version
Project Type: DMS Mitigation Bank
Project Name: Bandit Farms Buffer Mitigation and Nutrient
Offset Bank
County: Orange
Document Information
Mitigation Document Type:*
Mitigation Conservation Easement
File Upload: RECORDED EASEMENT - Bandit Farms and UP2S
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Signature
Print Name:* Daniel Ramsay
Signature: *
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Doc No 30097353
Recorded: 12/28/2023 02:46:23 PM
Fee Amt: $26.00 Page 1 of 15
Excise Tax: $200.00 ��
Orange County North Carolina
Mark Chilton, Register of Deeds
131( 6835 PG 1679 - 1693 (15)
Excise Tax: $ 2 � O . o D
Prepared By: Arrowhead Law, PLLC (JS), PO Box 6449, Raleigh, NC 27628
Return After Recording to:
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514
Parcel Identification Reference:
PIN 9850698697 y,.QQ ,
Brief Description for the Index: 17.52 acre Conservation Easement (P/O of Parce19850698697)
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") is made this �/ day
of �� tcM 6 u , 2023, by and between Bandit Farms II, LLC, a North Carolina limited
liability company, with the address of 203 Union Grove Church Road, Chapel Hill, NC 27516
("Grantor") and Unique Places to Save, a North Carolina non-profit corporation, with the address
of PO Box 1183, Chapel Hill, NC 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
Orange County, North Carolina, more particularly described in Exhibit A attached hereto and
incorporated herein (the "Pro a ");
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;
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(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 Conservation Easement Area, being a portion 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/or riparian resources
and other natural values of approximately 17.52 acres, more or less, and being more
particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the
"Conservation Easement Area"), and prevent the use or development of the Conservation
Easement Area for any purpose or in any manner that would conflict with the maintenance of its
natural condition;
WHEREAS, the restoration, enhancement and preservation of the Conservation Easement
Area is also a condition of the approval of the Bandit Farms Riparian Buffer and Nutrient Offset
Mitigation Banking Instrument ("MBI") and the Bank Parcel Development Package ("BPDP") for
the Bandit Farms Buffer Mitigation and Nutrient Offset Bank Parcel ("Parcel"), North Carolina
Department of Environmental Quality, Division of Water Resources ("NCDWR") Project ID#
20160393 which has been approved by NCDWR, and the MBI has been made and entered into by
and between RestorEcology Jordan, LLC, acting as the Bank Sponsor ("Bank Sponsor"), and
NCDWR. The Site is intended to be used to compensate for riparian buffer or nutrient impacts to
waters in the Cape Fear River Basin; and
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held
by Bank Sponsor, from the date of this Conservation Easement until the Parcel is closed out in
accordance with the MBI and BPDP, and NCDWR, including their successors and assigns,
(collectively, the "Third -Parties", and individually as the context may require, a "Third-Partv"),
and may be exercised through the appropriate enforcement agency of the State of North Carolina,
and that these rights are in addition to, and do not limit, the Grantee's rights of enforcement or any
rights of enforcement under the NCDWR Project ID# 20160393, the MBI, 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.
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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 ofnon-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. Ve eg tation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided
in the BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or
volunteer trees and shrubs approved in the BPDP is allowable once a year for no more than five
consecutive years from the date on page 1 of this Conservation Easement, except where mowing
will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by
the Bank Sponsor and shall not violate any part of Item M of Article 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 or
walkways.
G. SiQnag_e. 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
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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 land in any manner on the Conservation
Easement Area, except to restore natural topography or drainage patterns.
J. Water ualit.X 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. Grantor and Grantee agree that the Conservation Easement Area
currently consists of five (5) distinct areas and portions of the Property. The Grantor may not
further subdivide the Conservation Easement Area, or any portion thereof, except with the prior
written consent of the Grantee. If Grantor elects to further subdivide any portion of the
Conservation Easement Area, upon approval of Grantee, Grantor must provide Grantee the name,
address, and telephone number of new owners) 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 or the Conservation Easement Area 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. 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 Grantee is prohibited. Grantor
may convey undivided interests in the real property underlying the Conservation Easement Area.
Grantor shall notify Grantee immediately of the name, address, and telephone number of any
grantee of an undivided interest in any property within the Conservation Easement Area.
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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 Bank Sponsor or Grantee, and their employees and agents, successors,
assigns, and NCDWR for purposes of constructing, maintaining and monitoring the restoration,
enhancement and preservation of streams, wetlands and riparian areas within the Conservation
Easement Area.
N. Other Prohibitions. Any other use of, or activity on, the Conservation Easement
Area which is or may become inconsistent with the purposes of this grant, the preservation of the
Conservation Easement Area substantially in its natural condition, or the protection of its
environmental systems, is prohibited.
ARTICLE III.
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors
or assigns, the right to continue the use of the Conservation Easement Area for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to quiet
enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt,
fish, and hike on the Conservation Easement Area, the right to sell, 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 the Bank Sponsor, the right to construct and perform activities related to the
restoration, enhancement, and preservation of riparian areas within the Conservation Easement
Area in accordance with the approved BPDP and the MBI described in the Recitals of this
Conservation Easement.
ARTICLE N.
GRANTEE' S RIGHTS
The Grantee or its authorized representatives, successors and assigns and the Third -Parties
shall have the right to enter the Property and Conservation Easement Area at all reasonable times
for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his
personal representatives, heirs, successors, or assigns, is complying with the terms, conditions,
restrictions, and purposes of this Conservation Easement. The Grantee and the Third -Parties, and
their authorized representatives, successors and assigns shall also have the right to enter and go
upon the Conservation Easement Area for purposes of making scientific or educational
observations and studies, and taking samples. The easement rights granted herein do not include
public access rights.
ARTICLE V.
ENFORCEMENT AND REMEDIES
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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 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 or aThird-Party, such party shall notify the Grantor in writing of such breach. The
Grantor shall have 30 days a8er receipt of such notice to correct the conditions constituting such
breach. If the breach remains uncured after 30 days, the Grantee or any Third -Party may enforce
this Conservation Easement by appropriate legal proceedings including damages, injunctive and
other relief. Notwithstanding the foregoing, the Grantee and the Third -Parties reserve 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 or the
Third -Parties would be irreparable and remedies at law will be inadequate. The rights and remedies
of the Grantee and the Third -Parties provided hereunder shall be in addition to, and not in lieu of,
all other rights and remedies available to them in connection with this Conservation Easement.
The costs of a breach, correction or restoration, including the Grantee's or the Third -Parties'
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 or the Third -Parties 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 of Grantee and the Third -Parties 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 or the Third -Parties 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. However, Grantor agrees to assist Grantee in the
resolution of any actions or activities by any third -party that constitute a violation, or a potential
violation, of the terms of this Conservation Easement including, but not limited to, trespassing,
trash -dumping, vandalism, encroachments, or other activities that threaten or diminish the
conservation values of the Conservation Easement Area.
ARTICLE VI.
MISCELLANEOUS
A. Warran .Grantor warrants, covenants and represents that it owns the Property in
fee simple, and that Grantor either owns all interests in the Property which may be impaired by the
granting of this Conservation Easement or that there are no outstanding mortgages, tax liens,
encumbrances, or other interests in the Property which have not been expressly subordinated to
[�
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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 NCDWR.
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and
agrees, that in the event it transfers or assigns this Conservation Easement, the organization
receiving the interest will be a qualified holder pursuant to N.C. Gen. Stat. § 121-34 et seq. and §
501 (c)(3) and § 170 (h) of the Internal Revenue Code or N.C. Gen. Stat. § 121-35 et seq., and the
Grantee further covenants and agrees that the terms of the transfer or assignment will be such that
the transferee or assignee will be required to continue in perpetuity the conservation purposes
described in this document.
D. Entire Agreement and Severabilitv_. The MBI with corresponding BPDP, and this
Conservation Easement sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement. If any provision is found to be void or
unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and
effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any
liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible
for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or
maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the
Grantor of the obligation to comply with federal, state or local laws, regulations and permits that
may apply to the exercise of the Reserved Rights.
F. Long -Term Mana eg merit. If livestock or other animal operations will be maintained
or are hereafter introduced on the Property, Grantor is responsible for all long-term management
activities, including costs, associated with fencing to ensure livestock or other animals do not have
access to the Conservation Easement Area. These activities include the installation, maintenance
and/or replacement of fence structures, as reasonably deemed necessary by the Grantee, to ensure
the aquatic resource functions within the boundaries of the Conservation Easement Area are
sustained.
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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 areal 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:
Bandit Farms II, LLC
Attn: Greg Bohlen
203 Union Grove Church Road
Chapel Hill, NC 27516
To Grantee:
Unique Places to Save
P.O. Box 1183
Chapel Hill, NC 27514
To Bank Sponsor:
RestorEcology Jordan, LLC
Attn: Daniel Ramsay
PO Box 5842
Cary, NC 27512
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To NCDWR:
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 2 of the BPDP, prepared by Bank
Sponsor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date
hereof. Both Grantor and Grantee acknowledge they have received a copy 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.
N. 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) in accordance with the MBI and BPDP. Both
Grantee and Grantor will have copies of this report, and a copy will be retained in the Grantee's
files. The Baseline will be used by Grantee 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, the Baseline 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 condition or use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
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IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
GRANTOR:
Bandit Farms II, LLC,
a North Carolina limited liability company
By:
Name: �/,�"
Title:
STATE OF NORTH CAROLINA
COUNTY OF D !�./1"n/�t
V �y�
I, a Notary Public of the State and County aforesaid, do hereby certify that the following persons)
personally appeared before me this day and acknowledged that he/she is the
Ali( �►�, ��-er of Bandit Farms II, LLC, and that by authority duly given he/she
signed the foregoing instrument in its name, on its behalf and as its act and deed for the purposes
stated herein: �* /'v � T3 . k ! e �
Witness my hand and official stamp or seal, this the /� day of I�-G cP.M � �- , 20 Z 3
[SEAL]
Signature of Notary Public
Printed Name of Notary Public
My commission expires: I t � � �,.� 2�
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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 �a�olipa non-pr��yt corporation
By:
Name:
Title:
STATE OF NORTH CAROLINA
COUNTY OF _ j�co�, �,P
aii'•S
I, a Notary Public of the State and County aforesaid, do hereby certify that the following persons)
personally appeared before me this day and acknowledged that he/she is the
Eue cv!'��`�;rec.�lar of Unique Places to Save, and that by authority duly given he/she
signed the foregoing instrument in its name, on its behalf and as its act and deed for the purposes
stated herein: G�l}�ris
Witness my hand and official stamp or seal, this the � day of ��,,,,�� , 2023 .
�sEAL]
N�L�. 'Q, '�lunlca�rzl
Printed Name of Notary Public
My commission expires:
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EXHIBIT A
(Legal Description of the Property)
BEING that certain 142.12 acres, more or less, tract of parcel of real property lying and being in
Bingham Township, Orange County, North Carolina, identified by Orange County PIN 9850-69-
8697, at or near the address of 3000 Dairyland Road, Hillsborough, NC, and being a portion of the
property described in that deed recorded in Book 6766, Page 291 in the office of the Orange
County, NC Register of Deeds.
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I .�.I I: Y
(Legal Description of the Conservation Easement Area)
BEING that azea of land lying and being on portions of the Property described in Exhibit A hereof,
containing a combined total of 17.52 acres, more or less, consisting of those five (5) areas or tracts
of real property according to and as shown and depicted as "EASEMENT `A"' (1.39 acres),
"EASEMENT �B"' (3.85 acres), "EASEMENT `C"' (2.18 acres), "EASEMENT `D"' (2.57
acres), and "EASEMENT `E"' (7.53 acres) on a plat of survey entitled "FINAL PLAT
CONSERVATION EASEMENTS FOR RestorEcology Jordan, LLC, PROPERTY OF BANDIT
FARMS II, LLC", dated November 10, 2023, prepared by Douglas R. Yarbrough, NC PLS License
No. L-3395 of Landmark Surveying, Inc., File #230304, recorded in the Office of the Register of
Deeds of Orange County, North Carolina at Plat Book or Cabinet � 2 7 ,Page
�, which plat is hereby incorporated by reference, and being more particularly described as
follows:
EASEMENT A
Beginning in at a new iron pin, said beginning point being N 58 degrees 00' 38" E 42.55' from
an existing iron pipe the southeast corner of Nutter Farms, LLC. Running thence within the
property of Bandit Farms II, LLC the following:
N 62 degrees 43' 23" E 101.95' to a new iron pipe
S 71 degrees 41' 06" E 327.92' to a new iron pipe
S 45 degrees 56' 12" E 94.86' to a new iron pipe
S 45 degrees 56' 12" E 127.01' to a point in the centerline of Morgan Creek, Thence following
the centerline of Morgan Creek as follows;
S 56 degrees 24' 19" W 11.61' to a point, S 88 degrees 09'28" W 32.68' to a point
N 74 degrees 05'S6" W 48.36' to a point, N 66 degrees 21'20" W 28.54' to a point
N 57 degrees 32'47" W 28.95' to a point, N 73 degrees 50' 15" W 59.51' to a point
S 80 degrees 10' 16" W 11.18' to a point, N 73 degrees 33' 35" W 25.94' to a point
S 78 degrees 06' 53" W 15.62' to a point, N 77 degrees 46' 09" W 17.64' to a point
N 43 degrees 32' 42" W 23.91' to a point, N 83 degrees 53' 03" W 38.94' to a point
N 64 degrees 43' 32" W 46.16' to a point, N 75 degrees 57' 29" W 45.56' to a point
N 28 degrees 30' 11" W 11.33' to a point, N 52 degrees 04' 02" W 28.70' to a point
S 83 degrees 55' 49" W 19.97' to a point, N 26 degrees 10' 44" W 4.33' to a point
N 70 degrees 44' 51" W 14.55' to a point, S 41 degrees 56' 32" W 8.16' to a point
S 13 degrees 05' 38" E 29.59' to a point, S 42 degrees 11' 15" W 16.09' to a point
N 74 degrees 12' S5" W 35.83' to a point, S 28 degrees 39' 36" W 24.13' to a point
S 59 degrees 54' 36" W 13.97' to a point, Leaving the centerline of Morgan Creek and running
thence: N 10 degrees 08' 12" W 85.34' to a new iron pipe, N 10 Degrees 08' 12" W 50.95' to
the point of beginning containing 1. cre more or less.
EASEMENT B
Beginning at a point in the centerline of Morgan Creek at the confluence of Morgan Creek with a
tributary of Morgan Creek, said beginning point being N 48 degrees 44' 05" E 213.28' from an
existing iron pipe in the north west corner of the Conservation Easement as recorded in Plat
Book 125 Page 74. Running thence along the centerline of Morgan Creek the following:
S 18 degrees 45' 06" W 14.11' to a point, N 71 degrees 44' 02" W 29.27' to a point
S 27 degrees 37' 44" W 8.12' to a point, S 7 degrees 19' 01" E 20.47' to a point
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S 27 degrees 38' 36" W 11.51' to a point, N 82 degrees 23' 00" W 29.64' to a point
S 71 degrees 04' 20" W 21.17' to a point, S 73 degrees 45' 24" W 28.46' to a point
S 86 degrees 12' 36" W 25.57' to a point, S 68 degrees 33' 33" W 30.06' to a point
N 86 degrees 18' 11" W 29.31' to a point, S 74 degrees 39' 32" W 26.47' to a point
N 42 degrees 45' 22" W 10.22' to a point, N 61 degrees 53' 07" W 17.44' to a point
S 87 degrees 03' 02" W 9.84' to a point, S 19 degrees 44' 32" W 20.20' to a point
Thence leaving the center of Morgan Creek and running:
N 45 degrees 56' 12" W 52.39' to a new iron pipe,
N 45 degrees 56' 12" W 69.48' to a new iron pipe
N 12 degrees 02' 10" E 159.31' to a new iron pipe
N 37 degrees 26' 17" W 235.60' to a new iron pipe
N 26 degrees 13' 43" W 323.58' to a new iron pipe
N 10 degrees 59' 04" E 123.97' to a new iron pipe
N 68 degrees 26' 47" E 115.53' to a new iron pipe
N 68 degrees 26' 47" E 43.53' to a point in the centerline of a tributary to Morgan Creek thence
following the centerline of a tributary to Morgan Creek:
S 17 degrees 18' 13" W 20.58' to a point, S 11 degrees 59' 49" W 43.32' to a point
S 29 degrees 03' 16" W 21.81' to a point, S 36 degrees 52' 13" W 17.22' to a point
S 24 degrees 55' 43" W 20.74' to a point, S 28 degrees 15' 00" E 20.14' to a point
S 15 degrees 33' 41" W 21.72' to a point, S 11 degrees 02' 27" W 22.13' to a point
N 87 degrees 32' 45" E 18.56' to a point, S 25 degrees 09' 32" E 19.31' to a point
S 48 degrees 36' 06" E 26.83' to a point, S 47 degrees 54' 36" E 11.06' to a point
S 13 degrees 27' S5" E 58.01' to a point, S 23 degrees 11' S5" E 22.19' to a point
S 2 degrees 31` 01" E 48.25' to a point, S 47 degrees 19` 18" E 27.74' to a point
S 26 degrees 33' S4" E 50.93' to a point, S 54 degrees 27' 45" E 27.34' to a point
N 85 degrees 43' S7" E 17.79' to a point, S 67 degrees 31' 16" E 8.31' to a point
S 33 degrees 22' 02" E 13.00' to a point, S 4 degrees 55' 36" E 15.42' to a point
S ii degrees 55' 46" E 19.22' to a point, S 30 degrees 00' 16" E 21.71' to a point
S 54 degrees 02' 23" E 16.69' to a point, S 79 degrees 52' 34" E 15.07' to a point
S 55 degrees 40' 29" E 59.65' to a point, N 80 degrees 32' 16" E 24.17' to a point
S 56 degrees 18' 38" E 9.55' to a point, S 38 degrees 59' 28" E 28.62' to a point
S 37 degrees 29' 33" E 24.37' to a point, S 20 degrees 46' 21" E 24.64' to a point
S 41 degrees 42' 37" E 16.32' to a point, S 33 degrees 01' 28" E 18.95' to a point
S 57 degrees 50' S0" E 10.95' to a point, S 51 degrees 12' 13" E 17.33' to a point
S 24 degrees 08' 45" E 25.25' to a point, S 20 degrees 42' 15" E 35.96' to a point
S 17 degrees 06' 08" E 25.22' to a point, S 51 degrees 39' 14" E 22.63' to a point
S 41 degrees 34' 01" E 18.76' to a point, S 29 degrees 36' S4" E 28.94' to a point
S 14 degrees 23' 37" W 20.60' to a point, S 35 degrees 45' 13" E 32.10' to the point of
beginning containing cres more or less.
EASEMENT C
Beginning at a new iron pipe, being S 40 degrees 58' S8" E 40.23' from a new iron pipe in the
north west comer of Easement D. Running thence:
N 40 degrees 59' 01" W 93.06' to a new iron pipe
N 5 degrees 52' 45" W 207.95' to a new iron pipe
N 5 degrees 52' 45" W 245.54' to a new iron pipe
N 58 degrees 03' 32" E 119.90' to a new iron pipe
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S 12 degrees 43' 30" E 194.10' to a new iron pipe
N 65 degrees 16' 48" E 88.01' to a new iron pipe
S 12 degrees 40' li" E 79.34' to a new iron pipe
S 3 degrees 12' 19" E 177.27' to a new iron pipe
S 42 degrees 42' 36" E 35.27' to a new iron pipe
S 47 degrees 54' 18" W 226.66' to the point of beginning containing 2.18 acres more or less.
EASEMENT D
Beginning at a new iron pipe, being N 88 degrees 03' 42" E 25.55' from an existing iron pipe a
northern corner of the Conservation Easement recorded in Plat Book 125 Page 74. Running
thence:
N 3 degrees 50' 41" E 277.62' to a new iron pipe
N 72 degrees 56' 08" W 114.09' to a new iron pipe
N 40 degrees 59' 00" W 172.59' to a new iron pipe
N 47 degrees 53' 51" E 227.88' to a new iron pipe
S 42 degrees 42' 34" E 175.04' to a new iron pipe
S 24 degrees 55' S5" E 288.86' to a new iron pipe
S 19 degrees 43' 20" W 238.13' to a new iron pipe
N 62 degn�es 18' 10" W 51.41' to a new iron pipe
S 88 degrees 03' 42" W 80.08' to the point of beginning containing 7 cr s more or less.
EASEMENT E
Beginning at an existing iron pipe, being N 89 degrees 32' 25" E 201.31' from an existing iron
pipe in the north east corner of the Conservation Easement recorded in Plat Book 125 page 74
and being on the western bank of a tributary to Morgan Creek. Running thence:
N 4 degrees 29' 08" E 285.68' to a new iron pipe
N 10 degrees 31' 40" W 162.74' to a new iron pipe
N 29 degrees 34' 00" W 169.30' to a new iron pipe
N 25 degrees 16' 02" W 195.71' to a new iron pipe
N 6 degrees 10' 13" W 158.08' to a new iron pipe
N 11 degrees 04' 18" E 402.21' to a new iron pipe
N 77 degrees 17' 38" E 223.59` to a new iron pipe
S 0 degrees 39' 40" W 257.02' to a new iron pipe
S 19 degrees 18' S9" W 227.40' to a new iron pipe
S 28 degrees 26' 35" E 301.93' to a new iron pipe
S 18 degrees 12' 14" E 347.01' to a new iron pipe
S 1$ degrees 32` 37" W 368.69' to a new iron pipe
N 73 degrees 58' 09" W 167.16' to the point of beginning containing 7. cr more or less.
TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE RIGHT OF ACCESS OVER,
ACROSS AND THROUGH THE PROPERTY FOR THE PURPOSES OF INGRESS, EGRESS,
AND REGRESS TO AND FROM THE CONSERVATION EASEMENT AREA AND FOR
GRANTEE EXERCISING ITS RIGHTS AND FULFILLING ITS OBLIGATIONS UNDER
THIS CONSERVATION EASEMENT.
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