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HomeMy WebLinkAbout20220620 Ver 3_Creeping Swamp Phase B all CEs and MOR_20240126ID#* 20220620 Version* 3 Select Reviewer: Katie Merritt Initial Review Completed Date 01/29/2024 Mitigation Project Submittal - 1/26/2024 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: Barrett Jenkins barrett.jenkins@davey.com Project Information ID#: * 20220620 Version:* 3 Existing ID# Existing Version Project Type: DMS Mitigation Bank Project Name: Creeping Swamp Phase B Nutrient Offset Bank County: Craven Document Information Mitigation Document Type:* Mitigation Conservation Easement File Upload: Creeping Swamp Phase B all CEs and MOR.pdf 1.68MB Please upload only one PDF of the complete file that needs to be submitted... Signature ........................................... Print Name:* Barrett Jenkins Signature: * Doc No: 10121919 Page 1 of 18 DocType: ESMT Recorded: 01 /24/2024 04:55:29 PM Fee: $38.00 Revenue Tax: $894.00 Craven County North Carolina Michelle L. Toth, Register of Deeds aK 3787 PG 685 = 702 (18) /Excise Tax: $894.00 v Prepared By: W. Judson Smith, Arrowhead Law, PLLC Return After Recording to: Restoration Systems, LLC Attn: Barrett Jenkins 1101 Haynes St., Suite 211 Raleigh, NC 27604 Project Reference: Creeping Swamp — Phases B & C Parcel Identification References: Parcel ID Numbers 1-060-002; 1-059-001 Brief Description for the Index: 55.84 acre Conservation Easement; Plat Cabinet J , SlideZ&. '` , 76 A - PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") is made this 23 day of January, 2024, by and between Laura R. Lancaster (unmarried), having the address of 10474 Dapping Drive, Raleigh, NC 27614 ("Grantor") and Restoration Systems, LLC, a North Carolina limited liability company, a wholly owned subsidiary of Davey Resource Group, Inc., a Delaware Corporation, with the mailing address of 1101 Haynes St., Suite 211, Raleigh, NC 27604 ("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 Craven County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"); WHEREAS, Grantee is a North Carolina limited liability company whose purposes include the conservation of property and who is qualified to be holder and grantee of a conservation easement under N.C. Gen. Stat. § 121-34 and § 121-35 et seq.; 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: Neuse River Basin tributaries, unnamed riparian resources, open field ditches, and riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlands, and/or riparian resources and other natural values of approximately 55.84 acres, more or less (41.64 acres, more or less, for Creeping Swamp —Phase B; and 14.20 acres, more or less, for Creeping Swamp — Phase C), and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (collectively, 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 Restoration Systems Neuse 02 Nutrient Offset Umbrella Banking Instrument, NCDWR Project ID# 2022-0620v2 ("NOBI") and the Bank Parcel Development Packages (collectively, the "BPDP") for the (i) Creeping Swamp B Nutrient Offset Bank Parcel, North Carolina Department of Environmental Quality, Division of Water Resources ("NCDWR") Project ID# 2022-06200 ("Creeping Swami — Phase B"), and (ii) Creeping Swamp C Nutrient Offset Bank Parcel, NCDWR Project ID# 2022-0620v4 ("Creeping Swamp — Phase :99, and together with Creeping Swamp — B, collectively, the "Site"); the BPDP and NOBI have been approved by NCDWR, and the NOBI will be made and entered into by and between Restoration Systems, 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 Neuse River Basin; and WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by Bank Sponsor and NCDWR, including their successors and assigns, (collectively, the Parties", and and individually as the context may require, a "Third -Party"), 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 either NCDWR Project ID# 2022-0620v2, NCDWR Project ID# 2022-06200, NCDWR Project ID# 2022-0620v4, the NOBI, or any permit or certification issued by the Third -Parties. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: Book 3787 Page 686 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. ACCESS EASEMENT Grantor hereby grants and conveys unto Grantee, its employees, agents, successors and assigns, a perpetual, non-exclusive easement for ingress and egress over and upon the Property at all reasonable times and at such locations as practically necessary, and also, without limitation, at such locations as particularly described in Exhibit B to access both (i) the Conservation Easement Area for the purposes set forth herein, and (ii) other adjacent or adjoining tracts or parcels of real property for which Grantee may have or later acquire an interest in, with respect to the NOBI and any phase or portion thereof (collectively, the "Access Easement"). This grant of easement shall not vest any rights in the public and shall not be construed as a public dedication of the Access Easement. Grantor covenants, represents and warrants that it is the sole owner of and is seized of the Property in fee simple and has the right to grant and convey this Access Easement. 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. Co 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. Book 3787 3 Page 687 E. vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the BPDP is allowable once a year for no more than five consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by the Bank Sponsor and shall not violate any part of Item L of Article H. 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. i a 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 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 Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related actives, 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. 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. C� Book 3787 Page 688 M. 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 NOBI described in the Recitals of this Conservation Easement. ARTICLE IV. 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 A. To accomplish the purposes of this Conservation 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 a Third -Party, such party 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 5 Book 3787 Page 689 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. ARTICLE VI. MISCELLANEOUS A. Warran .Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all 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. Be 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. Book 3787 6 Page 690 CO 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 NOBI with corresponding BPDP, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Mana eg ment. If livestock operations will be maintained or are hereafter introduced on the Property, Grantor is responsible for all long-term management activities associated with fencing to ensure livestock do not have access to the Conservation Easement Area. These activities include the maintenance and/or replacement of fence structures, as deemed necessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the Conservation Easement Area are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. I. Eminent Domain 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 Book 3787 � Page 691 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: Laura R. Lancaster 10474 Dapping Drive Raleigh, NC 27614 To Grantee /Bank Sponsor: Restoration Systems, LLC Attn: Barrett Jenkins 1101 Haynes Street, Suite 211 Raleigh, NC 27604 To NCDWR: NCDEQ — Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699=1601 Book 3787 Page 692 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 the BPDP, prepared by Grantee acting as Bank Sponsor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Grantor acknowledges it has 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 E? preclude the use of other evidence to establish the present condition of the Conservation Easement Area if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. [SIGNATURES APPEAR ON FOLLOWING PAGES] Book 3787 Page 693 0 IN TESTIMONY WHEREOF, Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: R. Lancaster STATE OF NORTH CAROLINA COUNTY OF 1'1iA'r� Book 3787 Page 694 (SEAL) I, a Notary Public of the State and County aforesaid, do hereby certify that (*/ fV7 lc� • (/tw&N `TC7T=MF� personally appeared before me this day and acknowledged his/her execution of the foregoing instrument for the purposes stated herein. Witness my hand and official stamp or seal, this the 23 day of J�l1N/4-lLy oaf Notary Public vDSo tJ SM i Printed Name of Notary Public My commission expires: 2 S� iTr7 IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. STATE OF NOR H CAROLINA COUNTY OF WrAjCd GRANTEE: Restoration Systems, LLC, a North Carolina limited liability company I, a Notary Public of the State and County aforesaid, do hereby certify that personally appeared before me this day and acknowledged that he/she is the 'rCdzvo - of Restoration Systems, LLC, a North Carolina limited liability company, 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. Witness my hand and official stamp or seal, this the Z� day of , 20�. _ A Printed Name of Notary Publ My commission expires: Book 3787 Page 695 1500K 6tPage 696 (Legal Description of the Property) TRACT 1—Parcel ID 1-059-001 BEING all of that 275 acre, more or less, tract or parcel of land lying and being in Number One Township, Craven County, North Carolina, located near and to the North of Wilmar Road, and to the Northeast of NC Hwy No. 43, Vanceboro, NC, and being identified by Craven County Parcel ID Number 1-059-001. For additional reference, see those deeds recorded in Book 3729, Page 943, and Book 319 Page 67 3, Craven County Registry. TRACT 2 — Parcel ID 1-060-002 BEING all of that 191.839 acre, more or less, tract or parcel of land lying and being in Number One Township, Craven County, North Carolina, located along and to the Northeast of NC Hwy No. 43, Vanceboro, NC, and being identified by Craven County Parcel ID Number 1-060-002. For additional reference, see those deeds recorded iri Book 3729, Page 943, and Book 37 g 7, Page b 7 3 , Craven County Registry. 12 (Legal Description of the Conservation Easement Area) BEING that area of land containing a combined total of 55.84 acres, more or less, consisting of and as shown and depicted as (i) "CONSERVATION EASEMENT AREA B-1" (29.82 acres, more or less), and "CONSERVATION EASEMENT AREA B-2" (11.82 acres, more or less) on that plat of survey entitled "CONSERVATION EASEMENT FOR RESTORATION SYSTEMS, LLC OVER A PORTION OF THE LANDS OF LAURA R. LANCASTER, CURRENT OWNER(S) PER D.B. 3729, PG. 943 (A PORTION OF PARCEL ID 1-060-002) AND MEREDITH L. DAUGHERTY, CURRENT OWNER(S) PER D.B. 3729, PG. 947 (A PORTION OF PARCEL ID 1-060-001)5 CREEPING SWAMP — PHASE B", dated January 22, 2024, prepared by John A. Rudolph, NC PLS License No. L4194 of K2 Design Group, Firm License No. &2111, and being recorded in he Office of the Register of Deeds of Craven County, North Carolina at Plat Book or Cabinet Page 75 , which plat is hereby incorporated by reference (the "Creeping Swamp — Phase B Plat"); and (iii) "CONSERVATION EASEMENT AREA C-1" (8.56 acres, more or less), and (iv) "CONSERVATION EASEMENT AREA C-3" (5.64 acres, more or less) on that plat of survey entitled "CONSERVATION EASEMENT FOR RESTORATION SYSTEMS, LLC OVER A PORTION OF THE LANDS OF DIXIE L. PRATT, CURRENT OWNER(S) PER D.B. 3729, PG. 936 (A PORTION OF PARCEL ID 1-051-0029 1-051-011, & 1-051-033) AND LAURA R. LANCASTER, CURRENT OWNER(S) PER D.B. 3729, PG. 943 (A PORTION OF PARCEL ID 1-059-001), CREEPING SWAMP — PHASE C", dated January 22, 2024, prepared by John A. Rudolph, NC PLS License No. L4194 of K2 Design Group, Firm License No. C-2111, and being recorded in tie Office of the Register of Deeds of Craven County, North Carolina at Plat Book or Cabinet ,J , Page '76*4 which plat is hereby incorporated by reference (the "Creeping Swamp — Phase C Plat"), together with the Access Easement(s) as described below and in Article I of this Conservation Easement, and all being more particularly described as follows: Conservation Easement Area B-1 All of the Conservation Easement Area B-1 of the Creeping Swamp Site - Phase B over a portion of the lands of Laura R. Lancaster (Parcel ID: 1-060-002) lying and being situated in Number One Township, Craven 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. 12 and being located North 59°24'34" East 373.41 feet from an iron stake (Point No. 1) with N.C. Grid Coordinates N=599,632.1361, E=2,531,759.9449' (NAD 83, 2011). Thence from the Point of Beginning (Point No. 12), South 89028'44" East 276.18' to an iron sEMU; Book 3787 13 Page 697 thence South 69°3624 East 492.26 to an iron stake; thence South 32°1135 West 277.11' to an iron stake; thence South 89°24'44" West 522.00' a" iron stake; thence South 62°3328 West 583.23 to an iron stake; Book Page thence South 1504554" West 613.53' to an iron stake; thence South 15°45'54" West 30.01' to an iron stake; thence South 15°45'54" West 96.37' to an iron stake; thence North 76°13'31" West 758.20' to an iron stake; thence South 38°45'28" West 628.38' to an iron stake; thence North 54°21'03" West 100.49' to an iron stake; thence North 54°21'03" West 30.00' to anon-monumented corner; 3787 698 thence North 45°52'02" East 138.97' to an iron anon-monumented comer; thence North 08°10'20" East 18.52'to anon-monumented corner; thence North 16°21'24" West 150.40' to anon-monumented comer; thence North 30037159" East 18.12' t to anon-monumented corner; thence North 50057136" East 172.92' to anon-monumented comer; thence North 70°56'36" West 12.49' to an iron stake; thence North 70056'36" West 165.56' to an iron stake; thence North 66024'40" East 691.29' to an iron stake; thence North 06013'30" East 321.81' to an iron stake; thence North 63030'16" East 1321.58' to an iron stake; which is the point of beginning, having an area of 29.82 acres. 14 Conservation Easement Area B-2 All of the Conservation Easement Area B-2 of the Creeping Swamp Site - Phase B over a portion of the lands of Laura R. Lancaster (Parcel ID: 1-060-002) lying and being situated in Number One Township, Craven 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. 28 and being located South 52000'21" East 525.73 feet from an iron stake (Point No. 1) with N.C. Grid Coordinates 4=599,632.1361', E=2,531,759.9449' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 28), thence North 89°24'44" East 442.05' to an iron stake; thence South 00°20'46" East 88.08' to an iron stake; thence South 55°09'35" West 662.18' to an iron stake; thence South 04°02'59" West 105.03' to an iron stake; thence South 78°55'44" East 444.07' to an iron stake; thence South 32°28'10" West 170.38' to an iron stake; thence South 32028110" West 50.00' to anon-monumented corner; thence North 77045115" West 347.36' to anon-monumented comer; thence South Ono 09'48" West 348.24' to anon-monumented comP�M thence South 24034135" West 30.00' to an iron stake; thence South 24°34'35" West 92.31' to an iron stake; thence North 76013'31" West 125.65' to an iron stake; thence North 15045'54" East 95.97' to an iron stake; thence North 15045'54" East 30.01' to an iron stake; thence North 15045'54" East 567.18' to an iron stake; thence North 62033'28" East 516.09' to an iron stake; which is the point of beginning, having an area of 11.82 acres. 15 Book 3787 Page 699 Conservation Easement Area C-1 All of the Conservation Easement Area C-1 of the Creeping Swamp Site - Phase C, over a portion of the lands of Laura R. Lancaster (Parcel ID: 1-059-001) lying and being situated in Number One Township, Craven 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 North 31 °37'34" West 1700.96 feet from an iron stake (Point No. 1) with N.C. Grid Coordinates 4=601,309.8459', E=2,536,355.9302' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 9), thence N 19°04'09" W a distance of 140.84' to an iron stake; thence N 16°05'10" E a distance of 194.24' to an iron stake; thence N 57°46'24" E a distance of 208.35' to an iron stake; thence N 03°40'19" E a distance of 1062.70' to an iron stake; thence S 86°58'39" E a distance of 211.43' to anon-monumented comer; thence S 06°47'25" W a distance of 66.14' to anon-monumented comer; thence S 03017125" W a distance of 469.97' to anon-monumented comer; thence S 03040934" W a distance of 577.98' to anon-monumented comer; thence S 01 054152" W a distance of 58.19' to anon-monumented comer; thence S 27°07119" E a distance of 188.92' to anon-monumented comer; thence S 11 °36'17" E a distance of 26.26' to anon-monumented comer; thence S 05°10'47" W a distance of 18.99' to anon-monumented comer; thence N 69°58'48" W a distance of 14.10' to an iron stake; thence N 69058'48" W a distance of 63.43' to an iron stake; thence S 73000'33" W a distance of 424.86' to an iron stake; which is the point of beginning, having an area of 8.56 acres. Book 3787 Page 700 16 Conservation Easement Area C-3 All of the Conservation Easement Area C-3 of the Creeping Swamp Site - Phase C, over a portion of the lands of Laura R. Lancaster (Parcel ID: 1-059-001) lying and being situated in Number One Township, Craven 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. 13 and being located North 44°14'24" West 1052.71 feet from an iron stake (Point No. 1) with N.C. Grid Coordinates 4=601,309.8459', E=2,536,355.9302' (NAD '839 2011). Thence from the Point of Beginning (Point No. 13), N 89°58'33" E a distance of 204.52' to a non-monumented comer; thence S 01 °05'S8" W a distance of 297.41' to anon-monumented comer; thence S 01 °08'24" W a distance of 483.18' to anon-monumented comer; thence S 00°58'15" W a distance of 434.95' to anon-monumented comer; thence N 88°15'S9" W a distance of 53.94' to an iron stake; thence N 74°29'41" W a distance of 157.22' to an iron stake; thence N 01 °09'11" E a distance of 574.51' to an iron stake; thence N 01 °09'11" E a distance of 597.31' to an iron stake; which is the point of beginning, having an area of 5.64 acres. Book 3787 Page 701 ACCESS EASEMENT 1 TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE RIGHT OF ACCESS OVER, ACROSS AND THROUGH THE PROPERTY DESCRIBED IN EXHIBIT A OF THIS CONSERVATION EASEMENT ALONG THAT 30' WIDE STRIP OF LAND AS DEPICTED AND LABELLED AS "ACCESS EASEMENT I" ON THE INCORPORATED CREEPING SWAMP — PHASE B PLAT, FOR THE PURPOSES OF INGRESS, EGRESS, AND REGRESS TO THE CONSERVATION EASEMENT AREA AND FOR GRANTEE EXERCISING ITS RIGHTS AND FULFILLING ITS OBLIGATIONS UNDER THIS CONSERVATION EASEMENT. 17 ACCESS EASEMENT 2 TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE RIGHT OF ACCESS OVER THE PROPERTY DESCRIBED IN EXHIBIT A OF THIS CONSERVATION EASEMENT FOR THE PURPOSES OF GRANTEE EXERCISING ITS RIGHTS AND FULFILLING ITS OBLIGATIONS UNDER THIS CONSERVATION EASEMENT AND THE NOBI, AND ANY PHASE OR PORTION THEREOF, ACCESS EASEMENT 3 TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE RIGHT OF ACCESS, 20' IN WIDTH, BEGINNING AT NC HWY 43 AND RUNNING NORTHEAST OVER A PORTION OF THAT PARCEL OF REAL PROPERTY DESCRIBED IN DEED BOOK PAGE 6 7 CRAVEN COUNTY REGISTRY AS "TRACT TWO: #1-059-01399, NOW OR FORMERLY OWNED BY MEREDITH L. DAUGHERTY, SAID PORTION AND THIS ACCESS EASEMENT 3 LYING AND BEING ALONG THE EASTERN LINE OF SAID PARCEL OF .AND, BEING COMMONLY KNOWN, OR REFERRED TO, AS "LOYCE LANCASTER COURT", AND BEING DEPICTED AND LABELED AS "EXISTING SOIL/GRAVEL ROAD" ON THE INCORPORATED CREEPING SWAMP - PHASE B PLAT, FOR THE PURPOSES OF GRANTEE EXERCISING ITS RIGHTS AND FULFILLING ITS OBLIGATIONS UNDER THIS CONSERVATION EASEMENT AND THE NOBI, AND ANY PHASE OR PORTION THEREOF. Book 3787 Page 702 �3 Doc No: 10121920 Page 1 of 13 DocType: ESMT Recorded: 01/24/2024 04:55:30 PM Fee: $26.00 Revenue Tax: $76.00 Craven County North Carolina Michelle L. Toth, Register of Deeds BK 37R7 PG 703 _ 715 1131 Excise Tax: $76.00 .Prepared By: Arrowhead Law, PLLC (JS), PO Box 6449, Raleigh, INC 27628 Return After Recording to: Restoration Systems, LLC Attn: Barrett Jenkins 1101 Haynes St., Suite 211 Raleigh, NC 27604 Project Reference: Creeping Swamp —Phase B Parcel Identification References: Parcel ID Number 1-060-001 Brief Description for the Index: 4.70 acre Conservation Easement; Plat Cabinet V , Slide �7SF PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") is made this � day of January, 2024, by and between Meredith L. Daugherty and husband, William Brandon Daugherty, having the address of 2650 Wilmar Road, Vanceboro, NC, 28586 (collectively, "Grantor") and Restoration Systems, LLC, a North Carolina limited liability company, a wholly owned subsidiary of Davey Resource Group, Inc., a Delaware corporation, with a mailing address of 1101 Haynes St., Suite 211, Raleigh, NC 27604 ("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 Craven County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Pro e "); 1 WHEREAS, Grantee is a North Carolina limited liability company whose purposes include the conservation of real property and who is qualified to be holder and grantee of a conservation easement under N.C. Gen. Stat. § 121-34 and § 121-35 et seq.; 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: Neuse River Basin tributaries, unnamed riparian resources, open field ditches, and riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlands, and/or riparian resources and other natural values of that approximately 4.70 acres, more or less, area of land 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 Restoration Systems Neuse 02 Nutrient Offset Umbrella Banking Instrument, NCDWR Project ID# 2022-0620v2 ("NOBI") and the Bank Parcel Development Package ("BPDP") for the Creeping Swamp B Nutrient Offset Bank Parcel ("Site"), North Carolina Department of Environmental Quality, Division of Water Resources ("NCDWR") Project ID# 2022-06200; the BPDP and NOBI have been approved by NCDWR, and the NOBI will be made and entered into by and between Restoration Systems, 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 Neuse River Basin; and WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by Bank Sponsor and NCDWR, including their successors and assigns, (collectively, the "Third - Parties", and individually as the context may require, a "Third -Party '), 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# 2022-06200, the NOBI, or any permit or certification issued by the Third -Parties. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. Book 3787 2 Page 704 Book 3787 Page 705 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. 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. Aaricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Ve etation. 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 L 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. Si na 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 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, 3 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 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. 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, si asgns, 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. M. 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 4 Book 3787 Page 706 Area in accordance with the approved BPDP and the NOBI described in the Recitals of this Conservation Easement. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns and the IL ea 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 A. To accomplish the purposes of this Conservation 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 a Third -Party, such party 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 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. 5 Book 3787 Page 707 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. ARTICLE VI. MISCELLANEOUS A. Warr .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 NCDWR. C. Assi nment. 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 Severability. The NOBI with corresponding BPDP, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible Book 3787 6 Page 708 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 emem. If livestock operations will be maintained or are hereafter introduced on the Property, Grantor is responsible for all long-term management activities associated with fencing to ensure livestock do not have access to the Conservation Easement Area. These activities include the maintenance and/or replacement of fence structures, as deemed necessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the Conservation Easement Area are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. I. Eminent Domain 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 )aragraph): To Grantor: Meredith L. Daugherty 2650 Wilmar Road Vanceboro, NC 28586 To Grantee /Bank Sponsor: Restoration Systems, LLC Attn: Barrett Jenkins 1101 Haynes Street, Suite 211 Raleigh, NC 27604 Book 3787 Page 709 7 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 the BPDP, prepared by Grantee acting as Bank Sponsor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Grantor acknowledges it has 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. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. [SIGNATURES APPEAR ON FOLLOWING PAGES] Book 3787 Page 710 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. STATE OF NORTH CAROLI A COUNTY OF I, a Notary Public of the State GRANTOR: (SEAL) L. Daugherty William Brandon and (SEAL) Book 3787 Page 711 C�vwv aforesaid, do hereby certify that 11 appearedbf this day and acknowledged his/her execution of the herein. _ personally a ore me instrument for the purposes stated Witness my hand and official stamp or seal, this the day of cl �J.N ✓ , 20 [SEAL] Signature-af�Votary Public Printed Name of Notary Public My commission expires: 11 20 S �7 IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above Written. GRANTEE: Restoration Systems, LLC, a North Carolina limited liability company B N Title: Director of Operations STATE OF NORTH CAROLINA COUNTY OFaIG�. I, a Notary Publir,, of the State and County aforesaid, this day and that he/she is the personally hereby certify that appeared before me of Restoration Systems, LLC, a North Carolina limited liability company, 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. Witness my hand and official stamp or seal, this the day of �.•n� , 20Zy . My commission expires: � ��S Z� Book 3787 Page 712 10 EXHIBIT A (Legal Description of the Property) Parcel ID 1-060-001 2650 Wilmar Road, Vanceboro, NC 28586 BEING all of that 20.77 acre, more or less, tract or parcel of land lying and being in Number One Township, Craven County, North Carolina, located at the address of 2650 Wilmar Road, Vanceboro, NC, 28586, identified by Craven County Parcel ID No. 1-060-001 and Parcel Reference No. 3061, and being a portion of the real property described in that deed dated June 9, 2022, and recorded on June 10, 2022 in Book 3729, Page 947, Craven County Registry, and being described therein as "TRACT ONE". Book 3787 Page 713 11 EXHIBIT B (Legal Description of the Conservation Easement Area) Portion of Parcel ID 1-060-001 2 550 Wilmar Road, Vanceboro, NC 28586 BEING all of that area of land lying and being in Number One Township, Craven County, North Carolina, containing 4.70 acres, more or less, being a portion of the Property (Parcel ID 1-060- )01) described in Exhibit A hereof, located at or near the address of 2650 Wilmar Road, Vanceboro, NC 28586, according to and as shown and depicted as "CONSERVATION EASEMENT AREA 13-3" on that plat of survey entitled "CONSERVATION EASEMENT FOR RESTORATION SYSTEMS, LLC OVER A PORTION OF THE LANDS OF LAURA R. LANCASTER, CURRENT OWNER(S) PER D.B. 3729, PG. 943 (A PORTION OF PARCEL ID 1-060-002) AND MEREDITH L. DAUGHERTY, CURRENT OWNER(S) PER D.B. 3729, PG. 947 (A PORTION OF PARCEL ID 1-060-001), CREEPING SWAMP — PHASE B", dated January 22, 2024, prepared by John A. Rudolph, NC PLS License No. L4194 of K2 Design Group, Firm License No. C-2111, and being recorded in the Office of the Register of Deeds of Craven County, North Carolina in Plat Book or Cabinet J. Page 7 5'6Z- which plat is hereby incorporated by reference (the "Conservation Easement Plat"), together with a thirty (30) foot wide, non-exclusive access easement described below, and as shown and depicted on the Conservation Easement Plat, as "ACCESS EASEMENT 2", and all being as more particularly described as follows: Conservation Easement Area B-3 All of the Conservation Easement Area B-3 of the Creeping Swamp Site - Phase B over a portion of the lands of Meredith L. Daugherty (Parcel ID 1-060-001) lying and being situated in Number One Township, Craven 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. 45 and being located South 04°59'42" West 1263.28 feet from an iron stake (Point No. 1) with N.C. Grid Coordinates N=599,632.1361', E=2,531,759.9449' (NAD '83, 2011). Thence from the Point of Beginning (Point No. 45), N 24034'35" E a distance of 92.31' to an iron stake; thence N 24°34'35" E a distance of 30.00' to an iron stake; thence N 80009'48" E a distance of 348.24' to an iron stake; thence S 77045'15" E a distance of 347.36' to an iron stake; thence S 32°2810" W a distance of 50.00' to an iron stake; thence S 32°2810" W a distance of 252.37' to an iron stake; Book 3787 Page 714 12 thence S 32°2810 W a distance of 11.56 to a non-monumented corner; thence S 06°1227 E. a distance of 315.55 to a non-monumented corner; thence S 10°07'44" E a distance %J 93.97' to a non-monumented corner; thence S 07°05'48" E a distance of 112.72' to anon-monumented corner; thence S 22°43'29" E a distance of 11.49' to anon-monumented corner; thence S 44°06'08" E a distance of 23.07' to anon-monumented corner; thence S 54°23'40" E a distance of 48.71' to anon-monumented corner; thence S 33°13'31" E a distance of 17.13'to anon-monumented corner; thence S 23°38'44" E a distance of 56.98' to anon-monumented corner; thence S 29°16'11" E a distance of 39.07' to anon-monumented corner; thence S 73°39'06" W a distance of 8.50' to an iron stake; thence S 73°39'06" W a distance of 32.23' to an iron stake; thence S 73°39'06" W a distance of 146.50' to an iron stake; thence N 09013106" W a distance of 582.12' to an iron stake; thence N 09013906" W a distance of 356.06' to an iron stake; Book 3787 Page 715 thence S 85038'09" W a distance of 412.18' to an iron stake; which is the point of beginning, having an area of 4.70 acres. TOGETHER WITH A THIRTY (30) FOOT WIDE PERPETUAL, NON-EXCLUSIVE EASEMENT AND RIGHT OF ACCESS OVER, ACROSS AND THROUGH THE PROPERTY DESCRIBED IN EXHIBIT A OF THIS CONSERVATION EASEMENT IN THOSE LOCATIONS DEPICTED AS "ACCESS EASEMENT 2" ON THE CONSERVATION EASEMENT PLAT, 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. 13 DEED REFERENCE(S): BEING A PORTION OF THE PROPERTY RECORDED IN D.B. 3729, PG. 943 AND D.B. 37291 PG, 947, OF THE CRAVEN COUNTY REGISTER OF DEEDS, MAP REFERENCE(S): P.C. J, SL. 14-C P.C. J, SL. 14-D P.C. J, SL. 14-E CfRNFICARON OF EXEMPTfON (PIN NUMBERS 1.Ob0.OD7): I (We) hereby certify that I am (We are) the Owner(s) of tract one shown and described hereon, which was conveyed to me (us) by deeds recorded in D.B. 3729, Page 947, and that we hereby adopt the plan of conservation easement shown on this plat and that the conservation easement shown is an exception to the Subdivision Ordinance of Craven County, North Carolina. n, • R11' ,� li/ J.W CERTIFICATION OF EXEMPTION (PIN NUMBERS) •060.002): I (We) hereby certify that 1 am (We are) the Owner(s) of tract one shown and described hereon, which was conveyed to me (us) by deeds recorded in D.B. 3729, Page 943, and that we hereby adopt the plan of conservation easement shown on this plat and that the conservation easement shown Is an exception to the Subdivision Ordinance of Craven County, North Carolina. STATE OF NORTH CAROtINA COUNTY Of CRAVEN Filed for registration at 4'• as P M. o Gn ZH , 2024 in the Register of Deeds Deedsegister of STATE Of NORTH CAROL)NA COUNTY OF CR'A�.�VEN I/ I, DD!21 14 et- , Review Officer of Craven County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording. Date Review Officer Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material sites, underground utilities or any other features above, or below ground other than those shown. However, no visible evidence of cemeteries or utilities, aboveground or otherwise, was observed by the undersigned (other than those shown). 1 certify that the survey is of another category such as the recombination of existing parcels, a court -ordered survey, or other exception to the definition of subdivision (conservation easement). I, JOHN A. RUDOLPH certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book SEE ,page REFS ,etc.) (other); tfiat the boundaries not surveyed are clearly indicated as F.1 from information found in Book_ page'; that the ratio of precision or positional accuracy as calculated is 1/10,000+; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, license number and seal this 22nd day of January, A.D., 2024. SEAL OR STAMP ®0 00®.eyeaoae,r,s�, oe' ����y0•�O*ES3/0 rofessional Land Surveyor License Number 8 ¢FIFO LOF g1 IF Fiskfelt "9S�1t. EY P��O�e e DATUM DESCRIPTION THE COORDINATE SYSTEM USED FOR THIS PLAT IS BASED ON NORTH CAROLINA STATE PLANE COORDINATES ESTABLISHED BY USING THE NORTH CAROLINA REAL TIME NETWORK (VRS). ISS (D NC GRID COORDINATES NAD 83 (2011) N=599,632.1361' E=2,531,759.9449' THE AVERAGE COMBINED GRID FACTOR IS 0,99988497225 (GROUND TO GRID) OR 1.000115027745 (GRID TO GROUND). THE N.C. LAMBERT GRID BEARING AND GRID DISTANCE FROM ISS O TO ISS 12 IS N 59024134" E 373,41 FEET. ALL LINEAR DIMENSIONS ARE GROUND DISTANCES. GEOID-2012B CONUS GNSS RECEIVER - TOPCON HIPER HR WITH MINIMUM TIME OF 240 SECONDS COMPLETED DURING MAY 9, 2023. CORNER DESCRIPTIONS CORNER DESCRIPTION No. 5 REBAR FLUSH WITH GRADE INSCRIBED iD WITH "K2 DESIGN CONTROL POINT' SUITABLE FOR GNSS OBSERVATION O2 THRUO NON-MONUMENTED CORNER © No. 4 REBAR 0.2' BELOW GRADE No. 5 REBAR FLUSH WITH GRADE WITH OTHRUO YELLOW PLASTIC CAP INSCRIBED; "CONSERVATION EASEMENT' 35 NON-MONUMENTED CORNER No, 5 REBAR FLUSH WITH GRADE WITH A 36 YELLOW PLASTIC CAP INSCRIBED: "CONSERVATION EASEMENT' 37 2.0" O.D. IRON PIPE 3.5'ABOVE GRADE 36 AND 39 NON-MONUMENTED CORNER No. 5 REBAR FLUSH WITH GRADE WITH 40 THRU 46 YELLOW PLASTIC CAP INSCRIBED: "CONSERVATION EASEMENT' 47 No. 5 REBAR 0,5' BELOW GRADE 48 No. 4 REBAR FLUSH WITH GRADE 49 No. 4 REBAR 0A' BELOW GRADE 50 1.0' O.D. IRON PIPE 0,5' BELOW GRADE 51 05' O.D. IRON STAKE 0.3' BELOW GRADE 52 1.0" O.D. IRON PIPE 0.3' BELOW GRADE 53 AND® No. 4 REBAR 0.3' BELOW GRADE 55 AND 56 No. 4 REBAR 0.8' BELOW GRADE 57 No. 4 REBAR 0,4' BELOW GRADE 59 No. 4 REBAR OS' BELOW GRADE se AND so NON-MONUMENTED CORNER No. 5 REBAR FLUSH WITH GRADE WITH A 61 YELLOW PLASTIC CAP INSCRIBED: "CONSERVATION EASEMENT' RESTORATION SYSTEMS, LLC 1t01 HAYNES STREET SUITE 211 RALEIGH, NC 27004 CONSERVATION EASEMENT ACREAGE DATA: CONSERVATION LAURA R. LANCASTER EASFMEM AREA B-1 IDS, 3729, PG, 943 29,82 ACRES± PARCEL ID: 1-06D.002 41,64 ACRES± LAURA R. LANCASTER CONSERVATION D.B. 3729, PG. 943 11.82 ACRES± EASEMEM AREA B•2 PARCEL ID: 1.06D-002 CONSERVATION MEREDITH L. DAUGHERTY EASEMEM AREA B-3 D.B. 3729, PG. 947 4.70 ACRESt 4.70 ACRES± PARCEL ID: 1-060-001 TOTAL CONSERVATION EASEMENT EXCLUDING ROAD RAN AREA BY COORDINATE COMPUTATION 46.34 ACRES± LINE DATA LINE BEARING DISTANCE Lt N45°b2'02"E 138.97' L2 NOB°1V2011E 18.52' L3 N78°21'24'W 150.0' L4 L20 LINE DATA FROM NMC "A" TO NMC "B" LINE BEARING DISTANCE L17 SOB°12'27"E 315.55' L18 S10°07'44"E 93,97' L79 507°OS'4WE 112.72' L20 522°43'28"E 11.49' L21 544°06'OWE 23.07' L22 554°23'4WE 48.71' L23 533°13'31"E 17,13' L24 S23°38'44"E 56.98' L25 528°78'ii"E 39.07' L21 L23 CONSERVATION EASEMENT AREA B-3 Ga 4.70 ACRES± L25 L26 L27 40 NMC( 41 ACCESS EASEMENT 2 �,/� ��1,32 48 NEW 3D' WIDE NON-EXCLUSIVE <2 / EIS ACCESS EASEMENT FOR / 47 INGRESS, EGRESS 8 REGRESS �� - ION SYSTEMS, LLC TO BE CONVEYED TO -�• ' COORDRNATE COMPUTATION) so? / R� p - / W UBLICRP RM � INSET "A" 100' 50' 0' 100' GRAPHIC SCALE 1 " = 100' FEMA FLOOD STATEMENT: THE AREA REPRESENTED BY THIS PLAT IS NOT LOCATED IN A FLOOD HAZARD BOUNDARY ACCORDING TO FEMA MAP NUMBERS) 3720562000M 20NE(S) X, DATED: MAY 16. 2008RND 3720552800K ONE(S) X, DATED JU_�Y 22 za9a. A �EV� / �t8"RCP LEGEND: ISS -IRON STAKE SET ECM -EXISTING CONCRETE MARKER EIP -EXISTING ON PIPE EN •EXISTING NAIL MNS - MAG NAIL SET EIS -EXISTING ON STAKE EPP -EXISTING PUMP PIPE EIB -EXISTING ON BAR PPS -PUMP PIPE SET NMC-NON-MONUMENTED CORNER RIW - RIGHT OF WAY EOP-EDGE OF PAVEMENT EIB -EASEMENT BOUNDARY '.. CL-CENTERLINE '. UP -UTILITY POLE P.C. -PLAT CABINET D.B. -DEED BOOK PG. -PAGE CMP -CORRUGATED METAL PIPE CPP -CORRUGATED PLASTIC PIPE RCP- REINFORCED CORRUGATED PIPE MW-MONITORING WELL SG -STREAM GAUGE '. TYP. -TYPICAL ' P.0.8, - POINT OF BEGINNING TO MATCH LEGAL DESCRIPTIONS NON-MONUMENTED CORNER (UNLESS O OTHERWISE NOTED) No. 5 REBAR WITH YELLOW PLASTIC • CAP INSCRIBED: "CONSERVATION EASEMENT' FLUSH WITH GRADE CONSERVATION EASEMENT LINE '.. - — — — - TIE DOWN LINE _ RIGHT OF WAY LINE OR ADJOINER LINE — - — EASEMENT LINE —e— UTILITY LINE ACCESS EASEMENT fi CEMETERY CONSERVATION EASEMENT GENERAL NOTES: NO HORIZONTAL CONTROL EXISTS WITHIN 2000 FEET. NOTE: NO ABSTRACT OF TITLE, NOR TITLE COMMITMENT, OR RESULTS OF TITLE SEARCH WERE FURNISHED TO THE SURVEYOR. ALL DOCUMENTS OF RECORD REVIEWED ARE NOTED HEREON (SEE REFERENCES). THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT MAY AFFECT THIS SURVEYED PARCEL. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES. COORDINATES SHOWN ARE BASED ON LOCALIZED GROUND DISTANCES OTHER THAN ISS O SEE DATUM DESCRIPTION. Doc No; 10M121914 Page 1 of2 DocType: MAP Recorded: 01/24/2024 04:25:15 PM Fee: $42.00 Revenue Tax: $0,00 Craven County North Carolina Michelle L. Toth, Register of Deeds BK J PG 75E 75E (2) SHEET10F2 CONSERVATION EASEMENT FOR RESTORATION SYSTEMS, LLC OVER A PORTION OF THE LANDS OF LAURA R. LANCASTER CURRENT OWNER(S) PER D.B. 3729, PG. 943 (A PORTION OF PARCEL ID 1=060=002) AND MEREDITH L. DAUGHERTY CURRENT OWNER(S) PER D.B. 3729, PG. 947 (A PORTION OF PARCEL ID 1-060-001) CREEPING SWAMP = PHASE B NUMBER ONE TOWNSHIP CRAVEN COUNTY NORTH CAROLINA (THE FIELD SURVEY TOOK PLACE DURING MAY - OCTOBER 2023) 200 f00 0 200 400 600 GRAPHIC SCALE 1" = 200' L21 L23 CONSERVATION EASEMENT AREA B-3 Ga 4.70 ACRES± L25 L26 L27 40 NMC( 41 ACCESS EASEMENT 2 �,/� ��1,32 48 NEW 3D' WIDE NON-EXCLUSIVE <2 / EIS ACCESS EASEMENT FOR / 47 INGRESS, EGRESS 8 REGRESS �� - ION SYSTEMS, LLC TO BE CONVEYED TO -�• ' COORDRNATE COMPUTATION) so? / R� p - / W UBLICRP RM � INSET "A" 100' 50' 0' 100' GRAPHIC SCALE 1 " = 100' FEMA FLOOD STATEMENT: THE AREA REPRESENTED BY THIS PLAT IS NOT LOCATED IN A FLOOD HAZARD BOUNDARY ACCORDING TO FEMA MAP NUMBERS) 3720562000M 20NE(S) X, DATED: MAY 16. 2008RND 3720552800K ONE(S) X, DATED JU_�Y 22 za9a. A �EV� / �t8"RCP LEGEND: ISS -IRON STAKE SET ECM -EXISTING CONCRETE MARKER EIP -EXISTING ON PIPE EN •EXISTING NAIL MNS - MAG NAIL SET EIS -EXISTING ON STAKE EPP -EXISTING PUMP PIPE EIB -EXISTING ON BAR PPS -PUMP PIPE SET NMC-NON-MONUMENTED CORNER RIW - RIGHT OF WAY EOP-EDGE OF PAVEMENT EIB -EASEMENT BOUNDARY '.. CL-CENTERLINE '. UP -UTILITY POLE P.C. -PLAT CABINET D.B. -DEED BOOK PG. -PAGE CMP -CORRUGATED METAL PIPE CPP -CORRUGATED PLASTIC PIPE RCP- REINFORCED CORRUGATED PIPE MW-MONITORING WELL SG -STREAM GAUGE '. TYP. -TYPICAL ' P.0.8, - POINT OF BEGINNING TO MATCH LEGAL DESCRIPTIONS NON-MONUMENTED CORNER (UNLESS O OTHERWISE NOTED) No. 5 REBAR WITH YELLOW PLASTIC • CAP INSCRIBED: "CONSERVATION EASEMENT' FLUSH WITH GRADE CONSERVATION EASEMENT LINE '.. - — — — - TIE DOWN LINE _ RIGHT OF WAY LINE OR ADJOINER LINE — - — EASEMENT LINE —e— UTILITY LINE ACCESS EASEMENT fi CEMETERY CONSERVATION EASEMENT GENERAL NOTES: NO HORIZONTAL CONTROL EXISTS WITHIN 2000 FEET. NOTE: NO ABSTRACT OF TITLE, NOR TITLE COMMITMENT, OR RESULTS OF TITLE SEARCH WERE FURNISHED TO THE SURVEYOR. ALL DOCUMENTS OF RECORD REVIEWED ARE NOTED HEREON (SEE REFERENCES). THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT MAY AFFECT THIS SURVEYED PARCEL. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES. COORDINATES SHOWN ARE BASED ON LOCALIZED GROUND DISTANCES OTHER THAN ISS O SEE DATUM DESCRIPTION. Doc No; 10M121914 Page 1 of2 DocType: MAP Recorded: 01/24/2024 04:25:15 PM Fee: $42.00 Revenue Tax: $0,00 Craven County North Carolina Michelle L. Toth, Register of Deeds BK J PG 75E 75E (2) SHEET10F2 CONSERVATION EASEMENT FOR RESTORATION SYSTEMS, LLC OVER A PORTION OF THE LANDS OF LAURA R. LANCASTER CURRENT OWNER(S) PER D.B. 3729, PG. 943 (A PORTION OF PARCEL ID 1=060=002) AND MEREDITH L. DAUGHERTY CURRENT OWNER(S) PER D.B. 3729, PG. 947 (A PORTION OF PARCEL ID 1-060-001) CREEPING SWAMP = PHASE B NUMBER ONE TOWNSHIP CRAVEN COUNTY NORTH CAROLINA (THE FIELD SURVEY TOOK PLACE DURING MAY - OCTOBER 2023) 200 f00 0 200 400 600 GRAPHIC SCALE 1" = 200' EXISTING SOI ROAD RUSS D.B. 3729, PG. 933 PARCEL ID: 1-059-27001 589016'35"E 30.85' (fIE-DOWN) /, — � sz1°Da'a6'W 89.73' pPEIP 52 (TIE -DOWN) � CHAPMAN CEMETERY, INC '� J D.S. 3274, PG. 666 S70.56'36"E PARCEL ID: 1-060-003 _.;` 123.88' (TIE -DOWN) COMMUNITY HOLINESS CHURCH N21004'03"E @° D.B. 2768, PG. 876 376.54' NMC PARCEL ID: 1-06043000 (TIE -DOWN) LANCASTER D.B. 3729, PG. 943 LID: 1-060-002 NGH GREp't 8�' NMCU 7—�, N51'14'S1"E N21°02'28"E 21.92' (TIE -DOWN) F` '42p ,'� V ro`'� ph sa EISC F0; IS 51 L2 NMCO4 5� N33°38'1TW \E O NMCC (TIE -DOWN) 2 NMC Lti 102" CMP 23 CMP WITH METAL �70 HEADWALLS (TYR) GREAT BRANCH-� i A e�i' \ O do / p�LFF O� \ FtiUP Fo0 A STATE OF NORTH CAROLINA COUNTY OF CRAVEN Filed for registration at � ,• a P M. 1� ��I , 202�in the Register of Deeds Office. Recorded in P.C. � . SL. 7 5 F Register of Deeds By &� II NC GRID COORDINATE N-509,632.1361' ny E=2,537.759.8448' / \ ISS, REFERENCE POINT ONLY / (SUITABLE FOR GNSS OBSERVATION) / Iss (D 7 30 ki LANCASTER e3 D.B. 3729, PG. 943 N 13$N. q PARCEL ID: 1-060-002 �I NOB°55' 8 W (TIE -DOWN) (1 E(5 536°3T58"E 48.28' (TIE -DOWN) EIS 58 S58°1T4TW 74.93' (TIE -DOWN) CEMETERY I ANCASTER D,B. 3729, PG, 943 PARCEL ID: 1-060-002 �oN CONSERVATION EASEMENT AREA B-i 29.82 ACRES± 42" F ACCESS EASEMENT 1 NEW 30' WIDE NON-EXCLUSIVE ACCESS EASEMENT FOR INGRESS, EGRESS 8 REGRESS TO BE CONVEYED TO RESTORATION SYSTEMS, LLC (AREA = 0.07 ACRES± BY COORDINATE COMPUTATION) 3•� •OiiPP•AAOO���G�°s 4 F yy s((�� • ` I��Z=�ZOty sa276.114^E LANCASTER 73 D.B. 3729, PG, 943 P78.t8' PARCEL ID; 1-060.0D2 S49 3g2q F N59°24'34"E ?2g' 373.41' (TIE -DOWN) 14 DITCH A y M 48 �ryA' IS 1a 522,09 / // 31 CONSERVATION EASEMENT AREA B-2 ' 11.82 ACRES± 32 S 8D°09'48" W C 18" 348,24' W t h 6t v 412.18' S85038'09"W bs P.O.B. DAUGHERTY D.B. 3729, PG. 947 PARCEL ID: 1.060-001 CONSERVATION — EASEMENTAREA B-3 4.70 ACRES± ACCESS EASEMENT 2 NEW 30' WIDE NON-EXCLUSIVE ACCESS EASEMENT FOR INGRESS, EGRESS &REGRESS TO BE CONVEYED TO RESTORATION SYSTEMS, LLC (AREA = 0,03 ACRES± BY COORDINATE COMPUTATION) S89°24'44°W 2a P.O.B. N69°24'44"E 442,05' S0002D'46"E I / 8y 093y °,vro ^`°°jyi� 5 C LANCASTER / D.B. 3729, PG. 943 / PARCEL ID: 1-060-002 / S r 504°02'S9"W / c0? 105.03' / / z S7g'S5g4"E 444.07' 33 z o N 77°45'15" W 347.36' �ry L14 ° LEGEND: ISS -IRON STAKE SET ECM -EXISTING CONCRETE MARKER EIP- EXISTING ON PIPE EN -EXISTING NAIL MNS - MAG NAIL SET EIS -EXISTING ON STAKE EPP -EXISTING PUMP PIPE EIB -EXISTING ON BAR PPS -PUMP PIPE SET NMC-NON-MONUMENTED CORNER RAN -RIGHT OF WAY EOP -EDGE OF PAVEMENT EB-EASEMENT BOUNDARY CL-CENTERLINE UP -UTILITY POLE P.C. -PLAT NET D.B. -DEED BOOK PG. -PAGE CMP -CORRUGATED METAL PIPE CPP -CORRUGATED PLASTIC PIPE RCP -REINFORCED CORRUGATED PIPE MW -MONITORING WELL SG -STREAM GAUGE TYP. -TYPICAL P O B POINT OF BEGINNING TO MATCH LEGAL DESCRIPTIONS NON-MONUMENTED CORNER (UNLESS O OTHERWISE NOTED) NG. 5 REBAR WITH YELLOW PLASTIC • CAP INSCRIBED: "CONSERVATION EASEMENT' FLUSH WITH GRADE CONSERVATION EASEMENT LINE — — — — — TIE DOWN LINE RIGHT OF WAY LINE OR ADJOINER LINE — EASEMENT LINE E— UTILITY LINE ACCESS EASEMENT t CEMETERY CONSERVATION EASEMENT J 36 �'L15 ry,ry4i w yy`e EIP 37 O ae NMC A 4s Book J Page 75F 0 N INSET"A" SEE SHEET 1 OF 2 SHEET 2 OF 2 CONSERVATION EASEMENT 126 „B FOR RESTORATION SYSTEMS, LLC l L27 NMC 39 OVER A PORTION OF THE LANDS OF E°p LAURA R. LANCASTER 42- 8 RCP CURRENT OWNER(S) PER D.B. 3729, PG° 943 Tq 6 (A PORTION OF PARCEL ID 1-060-002) W �pRR PPVEO� AND t6DR�.pUe�t�` MEREDITH L. DAUGHERTY CURRENT OWNER(S) PER D.B. 3729, PG° 947 (A PORTION OF PARCEL ID 1=060=001) CREEPING SWAMP Or PHASE B NUMBER ONE TOWNSHIP CRAVEN COUNTY NORTH CAROLINA (THE FIELD SURVEY TOOK PLACE DURING MAY - OCTOBER 2023) 200 too 0 200 400 600 GRAPHIC SCALE 1" = 200'