HomeMy WebLinkAbout20171122 Ver 2_2017-1122 v2_Recorded CE Assignment - City of Greenville Property (GUC)__20240205ID#* 20171122 Version* 2
Select Reviewer:
Katie Merritt
Initial Review Completed Date 02/06/2024
Mitigation Project Submittal - 2/5/2024
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:
Raymond J Holz raymond.holz@davey.com
Project Information
ID#: * 20171122 Version:* 2
Existing ID# Existing Version
Project Type: DMS Mitigation Bank
Project Name: GUC
County: Pitt
Document Information
Mitigation Document Type:*
Mitigation Conservation Easement
File Upload: 2017-1122 v2_Recorded CE Assignment - City of
1.22M6
Greenville Property (GUC)_.pdf
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Signature
Print Name:* Raymond J Holz
Signature: *
�rr�ord �o�.z
Type: CONSOLIDATED REAL PROPERTY
Recorded: 5/31/2023 10:00:18 AM
Fee Amt: $82.00 Page 1 of 29
Pitt County, NC
Lisa P. Nichols REG OF DEEDS
BK 4414 PG 847 - 875
Excise Tax: NTC
Prepared By: W. Judson Smith, Arrowhead Law, PLLC
Return After Recording to:
Attn: Barrett Jenkins
1101 Haynes St., Suite 211
Raleigh, NC 27604
Brief Description for the Index: Assignment of Conservation Easement recorded in
Book 3912, Page 577
NORTH CAROLINA
PITT COUNTY
ASSIGNMENT OF CONSERVATION EASEMENT
THIS ASSIGNMENT OF CONSERVATION EASEMENT (this "Assi n n ") is
made this 26 day of May 2023, by and between RESTORATION SYSTEMS, LLC, a
North Carolina limited liability company (the "Assigno '), and NORTH CAROLINA
WILDLIFE HABITAT FOUNDATION, INC., a North Carolina nonprofit corporation (the
"Assignee").
The designation Assignor and Assignee 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, Assignor is a limited liability company whose purposes include the
conservation of property and is qualified to be the holder of a conservation easement
pursuant to N.C. Gen. Stat. § 121-3 5 et seq.;
WHEREAS, the Assignee is a nonprofit corporation, operated primarily for
conservation purposes, including protection of environmentally valuable and sensitive land
for charitable, scientific, educational, and aesthetic purposes and which is qualified to be
submitted electronically by "Arrowhead Law, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pitt County Register of Deeds.
Book: 4414 Page: 847 Page 1 of 29
the grantee of a conservation easement pursuant to N.C. Gen. Stat. §121-34 et seq. and
Internal Revenue Code § 170(h);
WHEREAS, the Assignor is the Grantee of that Permanent Conservation Easement
(as amended, modified, or supplemented, the "Conservation Easement") dated March 19,
2020, granted by City of Greenville, a North Carolina municipal corporation, for the use
and benefit of the Greenville Utilities Commission, collectively, the Grantor thereof, being
recorded in Book 3912, Page 577, Pitt County Registry, affecting certain real property as
particularly described therein, and a true copy of which is attached hereto and incorporated
herein as Exhibit A;
WHEREAS, the Conservation Easement provides in Article VI, Section C that it
may be assigned to a qualified holder under N.C. Gen. Stat. §121-34 et seq. and Internal
Revenue Code § 170(h), provided that the assignee be required to continue in perpetuity the
conservation purposes set forth in the Conservation Easement;
WHEREAS, the Assignor wishes to assign and transfer to the Assignee all of its
rights, duties, obligations, and interests in the Conservation Easement, and the Assignee
wishes to accept such assignment and assume all of the rights, duties, obligations, and
interests set forth in the Conservation Easement; and
WHEREAS, the assignment set forth in this Assignment has as its primary purpose
the preservation of the real property as described in the Conservation Easement and the
furtherance of mitigation banking and restoration activities, and these activities are
intended to compensate for unavoidable buffer impacts authorized by permits issued by the
North Carolina Division of Water Resources and to provide nutrient offsets for impacts
permitted by the North Carolina Division of Water Resources.
ASSIGNMENT AND ASSUMPTION
NOW, THEREFORE, for and in consideration of the sum of One Hundred Dollars
and 00/100 ($100.00) and for other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, Assignor hereby unconditionally and
irrevocably assigns, transfers, and conveys unto Assignee, its heirs, successors and assigns,
forever and in perpetuity the Conservation Easement of the nature and character and to the
extent set forth therein, together with the right to preserve and protect the conservation values
thereof, and the Assignee hereby accepts this Assignment unto itself, its heirs, successors and
assigns, forever and in perpetuity, represents and warrants that it is a qualified holder of the
Conservation Easement pursuant to N.C. Gen. Stat. §121-34 et seq. and Internal Revenue
Code § 170(h), that it assumes all of the rights, duties, obligations, and interests and
covenants and agrees to continue in perpetuity the conservation purposes set forth in the
Conservation Easement and otherwise is bound by the terms thereof.
IN TESTIMONY WHEREOF, Assignor and Assignee have hereunto set their hands
and seals, on the day and year first above written.
Book: 4414 Page: 847 Page 2 of 29
ASSIGNOR:
RESTORATION SYSTEMS, LLC,
a North Carolina limited liability company
r
STATE OF 0C.-
COUNTY OF
I certify that the following person personally appeared before me this day and acknowledged
that he/she is the of Restoration Systems, 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:
Witness my hand and official stamp or seal, this 26 day of ` , 2023.
`,`,gyp Ir1111npl�rl,
,oJNGAN yq�,
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ignature of Notary Publ
Printed Name of Notary Public
My commission expires:
Book: 4414 Page: 847 Page 3 of 29
ASSIGNEE:
NORTH CAROLINA WILDLIFE
HABITAT FOUNDATION, INC.,
a North Carolina nonprofit corporation
Name:'/�o/�yi��in�
Title: (?AQ , 1/C�'i-1F-
STATE OF G
COUNTY OF Ug. jc.t_
I certify that the following person personally appeared before me this day and acknowledged
that he/she is the wy,ex of North Carolina Wildlife Habitat
Foundation, Inc., 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:
'r9&A.V C'rw1®,
Witness my ha4d and official stamp or seal, this day of /" ` , 2023
AN
[SEAYQ��- O� PR y-
0 �G U
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of Notary
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Printed Name of Notary Public
My commission expires: f 1-15 -26
Book: 4414 Page: 847 Page 4 of 29
EXHIBIT A
Conservation Easement
[Attached hereto]
Book: 4414 Page: 847 Page 5 of 29
Page 1 of 24
Type: CONSOLIDATED REAL PROPERTY
Recorded: 4/21/2020 9:20:53 AM
Fee Amt: $62.00 Page 1 of 24
Revenue Tax: $0.00
Pitt County, NC
Lisa P. Nichols REG OF DEEDS
BK 3912 PG 577 - 600
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Restoration Systems, LLC
Attn: Raymond Holz
1101 Haynes St. Suite 211
Raleigh, NC 27604
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") is made this 19th day
of March , 2020, by and between City of Greenville, a North Carolina municipal corporation,
for the use and benefit of the Greenville Utilities Commission (hereinafter collectively referred to
as "Grantor") and Restoration Systems, LLC, a North Carolina limited liability company
(hereinafter referred to as "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 approximately five hundred sixty-eight, 6 tenths,
1 hundredth, and 6 thousandths (568.616) acres situated, lying and being in Pitt County, North
Carolina, more particularly described in Exhibit A attached hereto and incorporated herein
("Property");
WHEREAS, Grantee is a North Carolina limited liability company whose purpose is the
conservation of property and is qualified to be the Grantee of a conservation easement pursuant to
N.C. Gen. Stat.§ 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic
value of the property in its natural state, which includes the following natural communities:
Page I of 12
submitted electronically by "manning Fulton & skinner, P.A."
in compliance with North Carolina statutes governing recordable doca . &%13. Page: 577 Seq: 1
and the terms of the submitter agreement with the PitTr• t County Regis
Book: 3912 Page: 577 Page 1 of 24
Book: 4414 Page: 847 Page 6 of 29
Page 2 of 24
unnamed tributaries, open field ditches, and the adjacent riparian resources. The purpose of this
Conservation Easement is to restore and maintain riparian resources, aquatic and ecological
resources, and other natural values of the Property and to prevent the use or development of the
Property for any purpose or in any manner that would conflict with the maintenance of the Property
in its natural condition.
WHEREAS, the preservation of the Property is required by Restoration Systems' GUC
Mitigation Banking Instrument in the Tar -Pamlico River Basin ("MBI") (NCDWR #2017-1 122v2)
that was approved by the North Carolina Division of Water Resources ("NCDWR") February, 17,
2020. The MBI is between Restoration Systems, LLC, acting as the "Bank Sponsor", and
NCDWR. The use of the Property is to restore it to a natural vegetated condition as provided in
and specified in the GUC Bank Parcel Development Package ("BPDP") which was approved by
NCDWR on February, 17, 2020. The approval of the MBI and BPDP allow Restoration Systems,
LLC to establish the GUC Mitigation Bank on the Property. The Mitigation Bank is intended to
compensate for unavoidable buffer impacts authorized by permits issued by the NCDWR and to
provide mitigation for nutrient offsets due to development (both existing and proposed) within
restricted areas of the Tar -Pamlico River Basin. Grantor and Grantee agree that third -party rights
of enforcement shall be held by NCDWR, to include any successor agencies, and that these rights
are in addition to, and do not limit, the rights of Restoration Systems, LLC to comply with its MBI
and BPDP with the NCDWR.
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 Property
described on Exhibit A, together with the right to preserve and protect the conservation values
thereof and a right of access, as follows:
ARTICLE 1..
DURATION OF EASEMENT; AREA OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
casement 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. The
Conservation Easement and right of access easement are over the areas of the Property as are more
particularly described on Exhibit B attached hereto and incorporated by this reference.
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Page 3 of 24
ARTICLE 11.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted from
any development that would impair or interfere with the conservation values of the Property.
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 Property 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 Property.
C. Industrial Commercial and Residential Use. industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural. Grazing- and Horticultural Use. Agricultural, grazing, animal husbandry,
and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Property, 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 (5) consecutive years
from the date on page I of this Conservation Easement, except where mowing will negatively
impact vegetation or disturb soils. Mowing activities shall only be performed by Restoration
Systems, LLC and shall not violate any part of Item L of Article 11 or extend beyond five years
from the date on page l of this Conservation Easement
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
property; nor enlargement or modification to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions
or proscribing rules and regulations for the use of the Property and/or signs identifying Grantor as
owner of the property.
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Page 4 of 24
11. 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 Property is
prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Property, 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 casement 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 Restoration Systems, LLC, the Grantee, its employees and agents,
successors, assigns, and NCDWR for purposes of constructing, maintaining and/or monitoring the
restoration of riparian areas within the Conservation Easement Area.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property 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 itself, its personal representatives, heirs, successors or assigns,
the right to continue the use of the property for all purposes not inconsistent with this Conservation
Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of
ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift
Page 4 of 12
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Page 5 of 24
or otherwise convey the Property, 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 set forth in Article lI, above, and otherwise in this
instrument, Restoration Systems, LLC reserves for itself acting as the Bank Sponsor, its successors
and assigns, the right to construct a Mitigation Bank and to perform activities related to the
restoration of riparian areas within the Property in accordance with the approved MBI and
corresponding BPDP.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and NCDWR, shall have the
right to enter the Property at all reasonable times for the purpose of inspecting said Property to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying
with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee
shall also have the right to enter and go upon the Property for purposes of making scientific or
educational observations and studies, and taking samples. The easement rights granted herein do
not include public access rights.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee and the NCDWR are allowed to
prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement
and to require the restoration of such areas or features of the Property that may be damaged by
such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that
comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach.
The Grantor shall have thirty (30) days after receipt of such notice to correct the conditions
constituting such breach. If the breach remains uncured after thirty (30) days, the Grantee may
enforce this Conservation Easement by appropriate legal proceedings including claims for
damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain
a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this
Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be
derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate.
The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu
of, all other rights and remedies available to Grantee in connection with this Conservation
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Page 6 of 24
Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court
costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be
responsible for the breach. NCDWR shall have the same right to enforce the terms and conditions
of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or
affect the right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Property 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, agents, contractors, 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 Property resulting from such causes.
ARTICLE VI.
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the
granting of this Conservation Easement or that there are no outstanding mortgages, tax liens,
encumbrances, or other interests in the Property which have not been expressly subordinated to
this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy
all the benefits derived from and arising out of this Conservation Easement, and that Grantor will
warrant and defend title to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Property. The Grantor agrees to provide written notice of such transfer at least thirty (30) days
prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation
Easement shall survive any merger of the fee and casement interests in the Property 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 under N.C. Gen. Stat. § 121-34, et seq. and § 170(h)
of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the
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Page 7 of 24
transfer or assignment will be such that the transferee or assignee will be required to continue in
perpetuity the conservation purposes described in this document.
D. Entire Agreement and Severability. The combined MB] with corresponding BPDP and
this instrument set forth the entire agreements of the parties with respect to the Conservation
Easement and supersedes prior discussions, negotiations, understandings or agreements relating to
the Conservation Easement. If any provision is found to be void or unenforceable by a court of
competent jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor except those incurred after the date hereof and
which are expressly subject and subordinate to the Conservation Easement. Grantee should not be
responsible for any costs or liability of any kind related to the ownership, operation, insurance,
upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall
relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and
permits that may apply to the exercise of the Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the continued
use of the Property for the conservation purposes, this Conservation Easement may only be
extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property 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.
H. Proceeds. This Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or
involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee
shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that
the fair market value of this Conservation Easement shall be determined by multiplying the fair
market value of the Property unencumbered by this Conservation Easement (minus any increase
in value after the date of this grant attributable to improvements) by the ratio of the value of this
casement at the time of this grant to the value of the Property (without deduction for the value of
this Conservation Easement) at the time of this grant. The values at the time of this grant shall be
the values used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible
for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the
purposes of this Conservation Easement.
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1. 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:
City of Greenville
c/o Greenville Utilities Commission
P.O. Box 1847
Greenville NC, 27835-1847
Attn: Legal Department
To NCDEO -DWR:
NCDEQ — Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC27699-1617
To Grantee:
Restoration Systems, LLC
1 101 Haynes Street
Suite 211
Raleigh, NC 27604
J. 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.
K. 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.
L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and
other natural characteristics of the Property, and its current use and state of improvement, are
described in the BPDP, prepared by Restoration Systems, LLC acting as the Bank Sponsor for the
GUC Nutrient Offset and Buffer Mitigation Bank Parcel and is acknowledged by the Grantor to
be complete and accurate as of the date hereof. The Grantor has copies of this report. 1t will be
used by the parties to assure that any future changes in the use of the Property 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 Property if there is a controversy
over its use.
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Page 9 of 24
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
1N TESTIMONY WHEREOF, the Grantor has hereunto set its hand and seal, the day and
year first above written.
GRANTOR:
City of Greenville , Carolina [municipal corporation
t
By:
Name: P.. onnelly
Title: Mayor
Attested to by:
Name: Valerie Shiuwegar
Title: City Clerk
[OFFICIAL SEAL]
Greenville Utilities Commission of the City of Greenville, NC
�N �"®C
By; a 55h' t
Nam • "I Butler
Tt e: Chairman C omcIAL,
%` SEAL
Attested to by:
Name: Tommy Stoughton o�,� k' o
Title: Secretary
[OFFICIAL SEAL]
GRANTEE:
Restoration Systems,_LLC,, a North Carolina limited liability company
B(a�n [SEAL]
Title:
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Page 10 of 24
STATE OF NORTH CAROLINA
COUNTY OF PITT
1, t>S a Notary Public of the aforesaid County and State,
certify that Valerie hiuwegar personall4 came before me this day and acknowledged that she is
City Clerk of the City of Greenville, North Carolina, and that by authority duly given and as the
act of the City of Greenville, North Carolina, the foregoing instrument was signed in its name by
its Marr.'` I�Y th its Official Seal and attested by her as its City Clerk.
n%F>rnd and official seal, this the day of OLfc 20
AUS LIG
IqQIARY PUBLIC
My N;'' Eires:3-
STATE OF NORTH CAROLINA
COUNTY OF PITT
I, 1}6h;-t. L, &IlL , a Notary Public of the aforesaid County and State,
certify that Tommy Stoughton personally came before me this day and acknowledged that he is
Secretary of the Board of Commissioners of Greenville Utilities Commission, and that by authority
duly given and as the act of the Board of Commissioners, the foregoing instrument was signed in
its name by its Chairman, sealed with its Official Seal and attested by him as its Secretary.
WITNESS my hand and official seal, this the I l'il day of ffldgijh , 20;Z0 .
I� NOTARY PUBLIC
My Commission Expires: RI i [l u .l iL) �2Ij 2
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Debra L. Miller
Notary Public
Graven County
North Carolina
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STATE OF NORTH CAROLINA
COUNTY OF W
I certify that the following person personally appeared before me this day, acknowledging
to me that �JB1 n vfft cy signed the foregoing document as the duly -
authorized signatory for Restoration Systems, LLC:
WITNESS my hand and official seal, this the lgft day of 206" .
J _ ° O ARY PUBLIC
My Commission Expires: ' i ' �I '%kIM110+ 14"
ty01001 pUbllG
Woks County
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EXHIBIT A
PROPERTY DESCRIPTION
TRACT 1
BEGINNING at a railroad spike set in the centerline of
N.C.S.R. 1536 (60, R/w) denominated paint A, which said
railroad spike set in the centerline oof—R .S.R. 1536 is situated
South 11° 001 2211 East 3095.49 feet, more or less, from an
existing railroad spike set at the intersection of the centerline
of N.C.S.R, 1535 and the centerline of N.C.S.R. 1534; and travel-
ing thence from said railroad spike set in the centerline of
N.C.S.R. 1536 denominated point A, the POINT OF BEGINNING,
South 840 151 4011'East 145.50 feat, more or less, to a railroad
spike set in the ccntcrlino of N,C.S.R. 1536; thence North 880
521 5411 Lost 75.00 foot, more or less, to a railroad spike set
in the centerline of N.C.S.R. 1536; thence North 880 15' 50"
East 98.26 feet, more or less, to a railroad spike set in the
centerline of N.C.S.R. 1536; thence North 880 45' 49" Gast
100.00 foot, more or less, to n rallro;id strike set in tine center-
line of N.C.S.R. 1536; thence North 890 161 2711 Bast M9 9 foct,-
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more or less, to a railroad spike set in the centerline of
N.C.S.R. 1536; thence South 890 29' S4" East 100.00 feet, more
or less, to a P.K. nail set in as2halt, i'YP., in the centerline
of N.C.S.R. 1536; thence South 88 29' 48" East 100.03 feet,
more or less, to a railroad spike set in tiic ccntcrline of
N.C.S.-It. 15.16; thence South 870 24' 53" East 99.99 feet, more
or less, to a railroad spike set in the centerline of N,C.S.R.
1536; thence South 860 35, 02" r:;tst 1oR.03 feet, more or less,
to a raiIrond sB,ikc sc't in the centcrlinc of N.C.S.R. 1536;
thence South 85 19' 29"-least 99.99 feet, more ar less, to a
railroad spike set in the centerline of N.C.S.R. 1536; thence
South 840 43' 01" East 100.00 feet, more or less, to a railroad
spike set in the centerline of N.C.S.R. 1536; thence South
840 13' 59" Cast 619.31 foot, more or less, to a railroad spike
set in the centerline of N.C.S.R. 1536; thence South 860 01' 40"
Cast 103.90 feet, more or less, to a railroad spike sat in the
centerline of N,C.S,R. 1536;-thence North 880 39' 14" East 73.S4
feet, more or less, to a railroad spike set in the centerline of
N.C.S.R. 1536; thence North 820 15' 05" Fast 75.90 feet, more
ar less, to a railroad spike set in the ccntcrline of N.C.S.R.
1536; thence North 770 20' 58" East 74.48 feet, more or less,
to a railroad spike set in the centerline of N.C.S.R. 1536;
thence North 73 07' 56" Rost 73,83 feet, more or less, to a
railroad spike set In the eonterlino of N.C.S.R. 1536; thence
North 70° 26' 21" Fa%t 76,8,5 feet, more or less, to•a railroad
spike set in the centerline of N.C.S.1k. 1536; thence North 660
13' 47" Gast 75.57 foot, more or less, to aroilroad spike sot
in tho centerline of N.C.S.R. 1536; thence North 640 29' 56"
East 212.12 fact, more or lctis, to an iron.pipc set In the
ccntcrline of N.C.S.It. 1536 denosnifltited Lint_ It, cornering;
thence South 360 32' 23" Host 79.96 feet, more or less, to a
point; thence South 260 55' 42" East 119.95 fact, more or less,
to a point; thence South 420 14' 04" East 45.29 fret, more or
less, to a point; thence South 770-42' 30" East 86.03 feet,
more or less, to a paint; thence South S10 59' 59" East 89,99
feet, more or less, to a point; thence North 690 23' 02" East
1S3,25 feet, more or less, to a point; thence South 680 51'
29" East 19.94 feet, more or less, to a point; thcnco South
180 27''26" Enst 257.23 feet, mare or less, to'a point; thence
South 720 44' 16" last 315,66 feet, more or loss, to a point;
thence South 110 14' 38" Cast 218.71 feet, more or less, to a
point; thence 5oatli 230 14' 38" cast 96.14 feet, more or less,
to a point; theme 5olith 690 4t1' 42" S:ast 41.94 fact, more or'
less, to ;1 paint; thence 5o,i, 45o 13' 57" East 60.85 feet,
more or le.-, to.0 point; titencc Sotitil (illy 15' i0" 1',ast 11.1,41
feet, noire or loss, to n point; thcnco South 380 08' 80" East
33.42 fact, more or less, to a point; thence South 10 18' 05"
Cast'158.94.feet, more or Icss, to a point; thence North 850
39' 24" Last 64.73 feet, more or less, to a point; thence North
750 04' 28" East 41.95 feet., more or less, to a point; thence
South 740 00' 52" East 12.71 feet, more or less, to a point;
thence North 830 12' 32" East 138.53 feet, more or less, to a
point; thence South 150 4S' 55" Cast 48..63 feet, more or less,
to a point; thence South 090 35' 87" West 28.55 feet, more or
less, to a point; thence South 23 10, 18" LE.ast 20.62 feet, more
or less, to a point; thence South 040 43' 4V" East 149.56 feat,
more or less, to a point; thcnco South 460 21' a8"0East„?East
feet, -more or less, to a paint; thence South 67
55.06 feet, more or loss, to a point; thence South 810 33' ll"
East 76.47 feet, more or less, to an iicn pipe set denominated
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point C; thence South 50u 33' 311 East 924.00 feet, more or .
less, to an existing iron pipe, a common corner with property
now or formerly awned by W, F. Fleming Heirs, Cornering;
thence South 100 18' 52" West 346,55 feet, more or less, -to an
iron pipe set; thence South 070 461 2711 West 359.00 feet, more
or less, to an iron pipe sat; thence South D40 16' 27" West
67.59 feet, more or less, town iron pine set in a common corner
between the property now or formerly owned by W, r, Fleming
Heirs and Worthington Farms, lnc., cornering; thence South
510 13' 15" West 205.95 feet, more or less, to on iron pipe set_
denominated pointV; thence South 650 241 331, West 25.78 feet,
more or less, to an iron pipe set; thence South 800 361 04"
W08t 24.57 foot, more or less, to on iron pipe set; thence South
89 06' 0511 West 39.76 feet, more or less, to an iron pipe
set; thence South 730 271 33" West 25.22 feet, Moro or less, to
an iron pipe set; thence South 640 27' 08" West 101,80 feet,
more or less, to on iron pipe set; thence South 610 44' 55"
West 54.30 foot, more or less, to an iron pipe set; thence South
640 06" 4311 West 61.14 feet, more or less, to an iron pipe set;
thence'south 770 241 3S" West 28.05 feet, more or less, to an
iron pipe set; thence North 890 40' SS" West 2D,S6 feet, more
or less, to an iron pipe set; thence North 760 08' 4v, West
19.54 feet, more or less, to an iron pipe set; thence North
690 331 0811 West 61.60 feet, more or less, to an iron pipe
set; thence North R00 09, 3911 West 39,45 feet, more or less,
to an iron pille set; thence Nort91 8'?0 06, OS" West 47.34 feet,
more or less, to an iron pipe set; thence South 610 46' 2111 West
42648 feet, more or loss, to an iron pipe set; thence South
69 501 16" Wcst 38,46 feat, more or less, to an iron pipe
set; thence South 600 01' 40" West 38.11 fact, more or less,
to an iron pipe set; thence South 570 37' 47" West 79.65 Foot,
more or less, to an iron pipe set; thence South 610 09' 50" West
3836 Feet, more or less, to an iron pipe set; thence South
666 431 42" West 62.55 feet, more or less, to an iron pipe set;
thence South 700 021 2611 West 74.00 feet-, more or less, to an
iron pipe set; thence South 710 38' 1.5" West 128,20 feet, more
or less, to an iron pipe set; thence Soutn 680 50' 06" West
$8.75 feet, more or loss, to an iron ripe set; thence South
760 54, 0011 West 28.33 feet, more or less, to on iron pipe set;
thence South 810 06, 1011 West 76.79 feet, more or less, to an
iron pipe set; thence South 760 57' 50" West 81.01 feet, more
or less, to an iron pipe set; thence South S2 14' 53" West
34 38 Foot, more or less, to Iin iron pipe sot; thc.nca,Scuth
8!i6 391 00" Wodt 54.2Ii I'rtq, mora,nr luss, to all II -all pule sot;
thence South 860 13' 26" West 56.96 fcct, more or less, to an
iron pipe set; thence South 870 32.1 10'" West 132.11 feet, more
or less, to a railroad spike set; thence South 700 52' 051,
West 63.27 feet, more or less, to a railroad spike set; thence
South 790 59" 3411 West 31.12 feet, more or loss, to a rail-
road spike set; thence South 770 Dl' 07" Wost 28,27 feet, more
or less, to an iron pipe set; thence South 70o 33' 07" West 0
32.97 feet, more or less, to an iron pipe set; thence South 76
06' 06" West 3771 feet, more or less, to an iron pipe set;
thence South 856 50, 1611 'Pest 39.62 feet, Mora or less, to an
iron pipe set; thence South 710 27' 19" West 32.98 feet, more
or less, to an iron pipe set; thence South 600 20' 001, West
40.64 feet, more or less, to an iron pipe set; thence South
640 56' 2511 West 33.39 feet, more or less, to an iron pipe
set; thence South 710 35' 04" West 96,97 feet, more or less,.
to an iron pipe set; thence South 550 381 44" West 29.76 feet,
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,more or less, to an iron pipe set; thence South 73" 46' 59''
West 58.$4 feet, more or less, to pn iron pipe set; thence
South 67 31' 31" West 52.39 feet, more or less, to an iron
pipe set; thence South 730 51' 13" best 24.79 feet, more or
less, to an iron pipe set; thence South 840 50' 06" West 25.20
fact, more or less, to an iron pipe set; thence South 890 16' 16"'
]Vest 57.29 feet, more or less, to an iron pipe set; thence South
820 17' 27" West 41.78 fact, more or less, to.an iron pipe set;
thence South SO 05' 13" West 98.33 feet, more or less, to an
iron pipe set; thence South 850 10' 47" West 16.08 feet, more
or less, to an iron pipe set;,thence North 89 47' 46" West
152.74 Fect,'more or loss, to an iron pipe set; thence South
8G0 33, 13" West 217.18 Cect, Moro or less, to an iron pipe
set; thence South 88o 35' 10" Wcst 338.81 foot, more or less,
to an iron pipe set; thence South 86P 24' lo" West 48.96 feet,
more or less, to a railroad spike set; thence South 830 26' 03''
Rest 48.69 feet, more or less; to a railroad spike set; thence
South 810 12, 11" West 47.29 feet, more or less, to an iron pipe
set; thence South 780 40' 16" West 43.88 feet, more.or less, to
an iron pipe'set; thence South 690 53' 23" West 32.03 feet,
more or less, to an iron pipe set; thence North 800 08' 11''
West 56.33 feet, more or less, to an iron pipe set; thence North
860 38' SO" Was? 47,84 foot, more or less, to an iron pipe set;
thence South 480 29, 12" West 56.70 foot, more or less, to an
iron pipe set; thence North 880 48' 51" West 86.76 feet, more
or less, to an iron pipe set; thence North 830 28' 31" West 33,99
Foot, more or loss, to an iron pipe set; thence North 770 47' 45
11
West 49.19 feet, move or less, to an .iron pipe set; thence North
770 36' 06" Wont 50,00 fact, more or less, to an iron pipe Set;
thence North 860 SS' 09" Nest S3.48 feet, more or less, to an
iron pipe set; thence North 880 44' 57" West 90,32 feet, more
or less, to an iron pipe set; thence North 850 14' 47" West
137.95 feet, more or less, to an iron pipe set; thence North
880 03' 56" West 60,52 feet, more or less, to an iron pipe set;
thence North 780 52' 14"'West S0.37 feet, more or less, to an
iron pipe set; thence North 830 51' 11" West'31.84 feet, more
or less; to an iron pipe set; thence North 870 56' 57" West
97.35 feet, more or less, to on iron pipe sot; thence North
860 34' 08" Wost 80.67 feet, more or less, to an iron pipe set;
thence North 810 31' 16" west 85.13 feet, more or less, to an
iron pipe set; thence North 870 20' 44" West 71.66 feet, more
or less, to an iron pipe set; thence North 820 29' 54" West
57.60 feet, more or less, to an iron pipe set; thence North
7S6 05, 49" West 120.34 feet, more or less, to an iron pipe
set; thence North 800 36' 24" West 348.38 feet, more or less,
to an iron pipe wet: thence North 730 24' 41" test 41.69 feet,
more or less, to an iron pipe set; thence North 5Z° 29' 34''
West 261.04 foot, more or less, to an iron pipe set; thcncc
North 770 21' 44" West 129.18 feet, more or less, to an iron
pipe set; thence North 720 49' 35" West 228.62 feet, more or
less, to an iron pipe set; thence North 690 57' 46" Westo234.45
feet, more or less, to an iron pipe set; thence North 68 95
58" West 54039 feet, more or less, to an iron pipe set; thence
North 490 44' 30" Wrest 15.15 feet, more or less, to an iron
pipe set denominated paint E, cornering;•thence North SO 13'
08" East 395.27.feet, more or less, to a point, cornering; thence
North 000 26' 48" East 73.24 foot, more or less, to a point;
thence North 140 35' 27" East 105.21 feet, more or less, to a
point, cornering; thenco South 860 34' 51" East 3Eas feet,
more or less, to a point; thence North 470 26' S7" ast•77.02
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feet, more or less, to a point; thence North 860•SS, 20"
East 119,8E feet, more ar less, to a point,; thence South 070
52, 42" East 31.S0 feet, more or less, to a point; thence South
890 15' 33" East S49.60 feet, more or less, to an iron pipe
set denominated point F, cornering; thence North 090 01' 24"
East 2279.45 feet, more or less, to an iron pipe set in the,
southern right-of-way of N.C.S.R. 1$36; thence North 090 01' 24"
East 30.00 feet, more or less, to a railroad spike set in the
centerline of N.C.S.R, 1536 denominated point A, THE POINT OF
BEGINNING, containing a total area of 338.448 acres, More or
lass, subject to road right-of-way and easements as noted, all
as is shown on that certain plat entitled "Survey for Greenville
Utilities Commission" a dated Janury 24, 1989, updated May 5,
1989 (denominated drawing no. le90o.-oi), prepared by J. Auburn
}fall, Jr., Registered Land Surveyor No. L-2630, Olsen Associates,
Inc., Engineers and ,Surveyors, P. 0. Box J3, 120 Iteldc Strcet,
Greenville, North Carolina, to which reference is hereby made
for a more complete and accurate description of the subject
property. Reference is hereby further made to Book 145, at
11age 755, Book B-37, at Pagc 94,'Book T-35, at Page 532, Book
209, at Page 550, Mbp Book 10, at Page 13, Map Book 1, at
Page 33, and Map Hook 7, at Page 31, Pitt County public RegistTy„I.
Searing Pitt County Tax PIN 5607.88.6517 and REID 33065
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TRACT 2
BEGINNING at a P.K. nail set in the centerline of
N.C.S.R. 1535 (paved 600 R/W), which said P.K. nail set
in the centerline of the said N.C.S.R. 1535 is situated
South 05' 370 27" East 3620.86 feet, more or less, from
an existing railroad spike set at the intersection of
the centerline -of N.C.S.R. 1535 and N.C.S.R. 15341 and
travelling thence -from said existing P.K. nail in the
centerline of the said N.C.S.R. 1535, the POINT OF
BEGINNING, South 45' 11' 23" East 75.02 feet, more or
less, to a P.K. nail in the centerline of. the said
H.C.S.R. 1535; thence South 50'- 47' 23" East 75.01
feet, more or less, to a P.K. nail set in the
centerline of the said R.C.S.R. 1535; thence South 57'
12' 36"'East 75.00 feet., more or less, to a P.K. nail
set in the centerline of the said H.C.S.R. 15351 thence
South 63' 26' 16" East 75.04 feet, more or less, to a
P.K. nail set in the centerline of the said N.C.S.R.
2535; thence South.69' 31' ill, East 75.03 feet, more
or less, to a P.X. nail set in the centerline of the
N.C.S.R. 1535; thence South 75' 39,' 36" East 79.53
feet, more or less, to a P.K. nail, cornering; thence
South 09' 01' 24" West 30.00 feet, mere or less, to an
iron pipe set; thence South 09' 01' 24" West 2279.45
feet, more or less, to an iron pipe set, cornering;
thence. North 69' 15' 33" West 549.60 feet, more or
less, to a point, cornering; thence North 071 52' 42"
West 31.50 feet, more or less, to a point, cornering;
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thence South 88' 55, 20" West 119.88 feet, more or
less, to a point, cornering; thence South 47' 26' 57"
West 77.02 feet, more or less, to a paint, cornering;
thence North 86' 34, 51" West 370.52 feet, more or
less, to a point, cornering; thence South 14' 35' 27"
West 1o5,21 feet, more or less, to a, point; thence
South'00' 26' 48"-West 73.24 feet, bore or less, to a
point, cornering; thence South 55' 131 08" West 395.27
feet, more or less, to an iron pipe set: thence South
62' 37' 43" West 69.54feet, more or less, to a point;
thence South 42' 19' 55" West 34.04 feet, more or less,
to a pointy thence South 62' 40' 3B" West-43.49 feet,
more or less, to a point; thence South 59' 54' 5i" West
55.93 feet, more or less, to an existing iron pipe,
cornering; thence North 57' 30' 24" West 145.61 feet,
more or less, to an existing iron pipe; thence North
60' 00' 26" West 245.04 feet, more or less, to an
existing iron pipe, cornering; thence south 78' 41' 00"
West 186.05 feet, more or less, to an existing iron
pipe, cornering; thence North 49' 37' 1611 West 140.13
feet, more or less, to an existing iron pipe; thence
North 73' 12, 39" West 210.09 feet, more or less, to
an existing iron pipe; thence North 79' 21' 23" West
170.18 feet, more or less, to an existing iron pipet
thence North 59' 11' 46" West 123.25 feet, more or
less, to an existing iron pipe on Barber Creek,
cornering; thence North 10' 15' 49" East 1324.53 feet,
more or less, to an existing iron pipe; thence North
09' 00' 05" East 1105.85 feet, more pr less, to an
existing iron'pipc, a common corner between properties
now or formerly owned by the City of Greenville, Korth
Carolina, William N. Clark et al, and Worthington
Farms, Inc., cornering; thence North 54' 11' 50" East
90.26 feet, more or less, to an iron pipe set; thence
North 5B' 56' 30" East 157.40 feet, more or less, to
an iron pipe set, cornering; thence North 887 18' 39"
East 2038.84 feet, more or less, to an iron pipe set
in the southern right-of-way of N.C.S.R. 1535; thence
North 88' 18' 39" East 41.36 feet,• more or less, to a
P.K. nail set in the centerline of N.C.S.R. 1535, the
POINT OF BEGINNING, containing an irrigation area of
100.0 acres, more or less, buffer Zones of 42.4 acres,
more or less, an archaeological site of 11.8 acres,
—more or less, road -right-of-way of 0.3 acres, more or
less, other non -suitable areas of 7.2 acres, more or
less, and total area of 161.714- acres, more or less,
all as is more_particularly'shown on that certain plat
entitled "Survey for Greenville Utilities Commission,
Proposed sludge Irrigation Site" dated September 130
1988, and updated May 4, 1989, denominated drawing no.
18800.58, prepared by J. Auburn Nall, Jr., Registered
Land Surveyor No. 'L-2630, Olsen Associates, Inc.,
Engineers and surveyors, P, o. Box 93, 120 Reade St.,
Greenville, NC, to which reference is hereby made for
a more particular and accurate description of the
subject property. Reference is hereby made to Book
B32, at Page 94, Book F38, at Page 421, Book V43, at
Page 644, Book 145, at Page 755, Book T51, at Page 606,
Book T51, at Page 608, Book 209, at Page 550, Hap Book
25,-at Page 47, and map Book 25, at Page 48, Pitt
county Public Registry.
Bearing Pitt County Tax PIN 5607.58.6918 and REiD 48152
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TRACT 3
Lying and being situate in Pactolus Township, Pitt County, Borth Carolina, con-
taining 68.454 acres, more or less, being all of Tract 8 as shown on chat map of survey
entitled "Boundary Survey of Herrington Form for Greenville Utilities Commission" made
by Olden Associates, Inc. of record in Hap Book 25, Page 47, Pitt County Registry; and
further designated as Tract No. 3 on s map entitled "Property of Greenville Utilities
Commission" of record in Map -Hook 25, Page 48, Pitt County Registry, For partial refer-
ence to the chain of title, gee T-23, 541; tr32, 731; F-36, 130, and deed from Vance S.
Harrington et al unto Herbert W. Wheless.
Bearing Pitt County Tax PIN 5607.38.9713 and REID 10064
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EXHIBIT B
CONSERVATION EASEMENT AREA AND ACCESS EASEMENT DESCRIPTION
PHASE 1, EASEMENT AREA #1
BEING ALL of the Phase 1, Easement Area #t of the City of Greenville Mitigation Site lying and
being situated in Pactolus Township, Pitt 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. 1 and being the Northeastern
most corner of the Phase I, Easement Area #I and being located North 53°59'53" West 2356.09
feet from an iron stake with a blue cap inscribed: "K2 DESIGN CONTROL POINT" (Point No.
200) with N.C. Grid Coordinates N=678,773.9145', E=2,506,737.3010' (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 1), South 07041'56" West 122.78' to an iron stake;
thence South 49°38'15" West 350.10' to an iron stake; thence South 00'4142" East 215.72' to an
iron stake; thence South 03°21'42" West 389.32' to an iron stake; thence North 77°40'12" West
61.19' to an iron stake; thence North 77°40' 12" West 160,84' to an iron stake; thence North
01°09'37" East 63.97' to an iron stake; thence North 53°13'01" West 274.69' to an iron stake;
thence North 00°24'39" East 456.53' to an iron stake; thence North 88°40'41" East 229.48' to an
iron stake; thence North 46°21'22" East 90.26' to an iron pipe; thence North 50°46'02" East 157.38'
to an iron pipe; thence North 80'31'23" East 323.55' to an iron stake, which is the Point of
Beginning (Point No. 1), having an area of 8.33 acres, more or less, as shown on the plat of survey
titled "Conservation Easement Survey for Restoration Systems, LLC of the City of Greenville
Mitigation Site" recorded in Plat Book 85, Pages 76 - 77, Pitt County Public Registry.
PHASE 1. EASEMENT AREA #2
BEING ALL of the Phase 1, Easement Area 42 of the City of Greenville Mitigation Site lying and
being situated in Pactolus Township, Pitt 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 a Northern
corner of the Phase 1, Easement Area #2 and being located North 83°23'16" West 2287.64 feet
from an iron stake with a blue cap inscribed: "K2 DESIGN CONTROL POINT" (Point No. 200)
with N.C. Grid Coordinates N=678,773.9145', E=2,506,737.3010' (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 12), North 89°34'32" East 60.02' to an iron stake;
thence South 00' 12'37" East 1058,90' to an iron stake; thence South 73°48'39" East 221.76' to an
iron stake; thence South 62°50'19" East 155.52' to an 'iron stake; thence South 40°08'40" East
236.02' to an iron stake; thence North 86°50'42" West 280.06' to an iron stake; thence North
62°50'19" West 90.19' to an iron stake; thence North 77°58'35" West 41.14' to an iron stake; thence
North 68'46' 18" West 91.34' to an iron stake; thence North 82° 14'24" West 42.88' to an iron stake;
thence North 70°07'08" West 1 l 1,95' to an iron stake; thence North 69°59'25" West 50.78' to an
iron stake; thence North 43°50'21" West 39,23' to an iron stake; thence North 19129'05" West
47.34' to an iron stake; thence North 05e 19'08" East 53.08' to an iron stake; thence North 06°07'04"
East 88.64' to an iron stake; thence North 03°16'50" West 71.02' to an iron stake; thence North
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04°18'36" West 127.43' to an iron stake; thence North 03°02'39" East 152.54' to an iron stake;
thence North 00'48'16" West 177.86' to an iron stake; thence North 00' 1046" East 120.73' to an
iron stake; thence North 00°20'57" East 119.49' to an iron stake; thence North 02°33'31" East
136.97' to an iron stake; thence North 00159'44" West 92.07' to an iron stake; thence North
89°34'32" East 144.35' to an iron stake; which is the Point of Beginning (Point No. 12), having an
area of 7.99 acres, more or less, as shown on the plat of survey titled "Conservation Easement
Survey for Restoration Systems, LLC of the City of Greenville Mitigation Site" recorded in Plat
Book 85, Pages 76 - 77, Pitt County Public Registry.
PHASE 1, EASEMENT AREA #3
BEING ALL of the Phase 1, Easement Area #3 of the City of Greenville Mitigation Site lying and
being situated in Pactolus Township, Pitt 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.6013 and being the
Northwestern most corner of the Phase 1, Easement Area #3 and being located South 53°55'14"
East 772.49 feet from an iron stake with a blue cap inscribed: "K2 DESIGN CONTROL POINT"
(Point No. 200) with N.C. Grid Coordinates N=678,773.9145', E=2,506,737.3010' (NAD '83,
2011).
Thence from the Point of Beginning (Point No. 60B), North 80°43'17" East 575.99' to an iron
stake; thence North 52°33'23" East 680.99' to an iron stake; thence North 70°04'22" East 954.94'
to an iron stake; thence South 20°54'00" East 436.28' to an iron stake; thence South 69°4I'32"
West 899.26' to an iron stake; thence South 51023'54" West 697.98' to an iron stake; thence South
80056'20" West 718.05' to an iron stake; thence North 08°25'46" West 440.63' to an iron stake,
which is the Point of Beginning (Point No. 60B), having an area of 22.99 acres, more or less, as
shown on the plat of survey titled "Conservation Easement Survey for Restoration Systems, LLC
of the City of Greenville Mitigation Site" recorded in Plat Book 85, Pages 76 - 77, Pitt County
Public Registry.
PHASE 1, EASEMENT AREA #4
BEING ALL of the Phase 1, Easement Area #4 of the City of Greenville Mitigation Site lying and
being situated in Pactolus Township, Pitt 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.74 and being the Northwestern
most comer of the Phase 1, Easement Area #4 and being located North 81'1638" East 2788.48
feet from an iron stake with a blue cap inscribed: "K2 DESIGN CONTROL POINT" (Point No.
200) with N.C. Grid Coordinates N=678,773.9145', E=2,506,737.3010' (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 74), North 69°53'56" East 829.17to an iron stake;
thence South 58°I2'09" East 529.53' to an iron stake; thence North 56°31'45" East 79.87' to an
iron stake; thence North 71'44'45" East 170.75' to an iron stake; thence North 41°44'35" West
254.52' to an iron stake; thence South 70°33'50" West 105,31' to an iron stake; thence North
51°52'31" West 156.34' to an iron stake; thence North 32°38'29" West 122.90' to an iron stake;
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thence North 51 °38'59" West 304.98' to an iron stake; thence North 28° 19'O8" West 169.04' to an
iron stake; thence North 18°37'46" West 60.03' to an iron stake; thence North 76°38'09" West
207.17' to an iron stake; thence North 64139'11" West 90.77' to an iron stake; thence North
41 °23'05" West 96.75' to an iron stake; thence North 24°53'34" West 65.60' to an iron stake; thence
South 75°24'06" West 67.17' to an iron stake; thence North 71"49'09" West 268.98' to an iron
stake; thence North 48059'07" West 107.64' to an iron stake; thence North 39'06' 19" West 132.02'
to an iron stake; thence North 62°31'22" East 120.45' to an iron stake; thence North 62°31'22" East
101.69' to a non-monumented comer; thence South 36°43'09" East 70.25' to a non-monumented
corner; thence South 50°01'31 " East 45.29' to a non-monumented corner; thence South 85°29'57"
East 86.03' to a non-monumented corner; thence South 59"47'26" East 89.99' to a non-
monumented corner; thence North 61 °35'35" East 153.25' to a non-monumented corner; thence
South 76°38'56" East 19.94' to a non-monumented corner; thence South 26°09'53" East 257.23' to
a non-monumented comer; thence South 80131'43" East 315.66' to a non-monumented corner;
thence South 19°02'05" East 218.71' to a non-monumented comer; thence South 31 °02'05" East
96.34' to a non-monumentcd corner; thence South 77°28'09" East 41.94' to a non-monumented
corner; thence South 5YO 1 "24" East 60.85' to a non-monumented corner; thence South 68°00'57"
East 131.41' to a non-monumented corner; thence South 45°55'27" East 33.42' to a non-
monumented corner; thence South 18°05'32 East 158.94' to a non-monumented corner; thence
North 7751'57" East 64.73' to a non- monumented corner; thence North 6701 T01 " East 43.95' to
a non-monumented corner; thence South 81'48'19" East 12.71' to a non-monumented corner;
thence North 75°25'05" East 138.53' to a non-monumented corner; thence South 23°33'22" East
48.63' to a non-monumented corner; thence South O1°48'10" West 28.35' to a non-monumented
corner; thence South 30057'45" East 20.62' to a non-monumented corner; thence South 12°31' 13"
East 149.56' to a non-monumented corner; thence South 54°08'55" East 20.75' to a non-
monumcnted corner; thence South 75°07'45" East 55.06' to a non-monumented corner; thence
South 89°20'38" East 76.47' to a non-monumented corner; thence South 50'22'07" East 52.91' to
a non-monumented corner; thence South 35032'52" East 88.29' to a non-monumented corner;
thence South 07°42'50" East 36.12' to a non-monumented corner; thence South 33°54'24" East
71.51' to a non-monumentcd corner; thence South 24°I4'58" East 95.41' to a non-monumented
corner; thence South 69°49'21" West 112.50' to a non-monumented corner; thence South
68°33'13" West 66.16' to an iron stake; thence South 71°57'09" West 134.37' to an iron stake;
thence South 71 °44'45" West 181.93' to an iron stake; thence South 56°31'45" West 215.22' to an
iron stake; thence South 55°08'16" East 58.68' to an iron stake; thence South 56°42'09" East
128.36' to an iron stake; thence South 55045'57" East 132.58' to an iron stake; thence South
74° 18'03" West 271.58' to an iron stake; thence North 57°08'50" West 574.42' to an iron stake;
thence South 69°41'32" West 609.62' to an iron stake; thence North 20°54'00" West 435.51' to an
iron stake, which is the Point of Beginning (Point No. 74), having an area of 28.69 acres, more or
less, as shown on the plat of survey titled "Conservation Easement Survey for Restoration Systems,
LLC of the City of Greenville Mitigation Site" recorded in Plat Book 85, Pages 76 - 77, Pitt County
Public Registry,
PHASE 2, EASEMENT AREA #5
BEING ALL of the Phase 2, Easement Area #5 of the City of Greenville Mitigation Site lying and
being situated in Pactolus Township, Pitt County, North Carolina, and particularly described as
follows (all distances are ground distances unless otherwise noted):
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Beginning at an iron stake (Point of Beginning) labeled as Point No. 48 and being the Southwestern
most corner of the Phase 2, Easement Area #5 and being located North 00° 16'53" East 901.39 feet
from an iron stake with a blue cap inscribed: "K2 DESIGN CONTROL POINT" (Point No. 200)
with N.C. Grid Coordinates N=678,773.9145', E=2,506,737.3010' (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 48), North 02°54'18" West 190.90' to an iron stake;
thence North 38'53'40" East 138.21' to an iron stake; thence North 78°45'00" East 94.33' to an
iron stake; thence North 65°07'36" East 68.36' to an iron stake; thence North 65°07'36" East
386.71' to an iron stake; thence North 81101'58" East 256.72' to an iron stake; thence North
8V30' l4" East 255.14' to an iron stake; thence North 88°45'09" East 124.91' to an iron stake;
thence South 86'09'23" East 32.16to an iron stake; thence North 71°39'12" East 68.62' to an iron
stake; thence North 88° 14'32" East 230.20' to an iron stake; thence South 23°29'56" West 117.34'
to an iron stake; thence South 40°04'09" West 100.45' to an iron stake; thence South 65°16'54"
West 402.04' to an iron stake; thence South 76°50'31 " West 862.88' to an iron stake; thence South
76°50'31" West 231.41' to an iron stake, which is the Point of Beginning (Point No. 49), having
an area of 10.36 acres, more or less, as shown on the plat of survey titled "Conservation Easement
Survey for Restoration Systems, LLC of the City of Greenville Mitigation Site" recorded in Plat
Book 85, Pages 76 - 77, Pitt County Public Registry.
PHASE 2, EASEMENT AREA #6
BEING ALL of the Phase 2, Easement Area #6 of the City of Greenville Mitigation Site lying and
being situated in Pactolus Township, Pitt County, North Carolina, and particularly described as
follows (all distances arc ground distances unless otherwise noted):
Beginning at an iron stake (Point of Beginning) labeled as Point No. 56 and being the Southwestern
most corner of the Phase 2, Easement Area #6 and being located North 13°02'47" West 24.12 feet
from an iron stake with a blue cap inscribed: "K2 DESIGN CONTROL POINT" (Point No. 200)
with N.C. Grid Coordinates N=678,773.9145, E=2,506,737.3010' (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 56), thence North 00°37'49" East 62.86' to an iron
stake; thence North 00049'59" East 738.43' to an iron stake; thence North 76050'31" East 228.10'
to an iron stake; thence North 76°50'31" East 226.05' to an iron stake; thence South 00°39'39"
West 753.63' to an iron stake; thence South 71 ° 15' l 2" West 240.98' to an iron stake; thence South
71 ° 15' 12" West 228.91' to an iron stake, which is the Point of Beginning (Point No. 56), having
an area of 7.89 acres, more or less, as shown on the plat of survey titled "Conservation Easement
Survey for Restoration Systems, LLC of the City of Greenville Mitigation Site" recorded in Plat
Book 85, Pages 76 - 77, Pitt County Public Registry,
PHASE 2, EASEMENT AREA #7
BEING ALL of the Phase 2, Easement Area #7 of the City of Greenville Mitigation Site lying and
being situated in Pactolus Township, Pitt 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. 57 and being the Northwestern
most corner of the Phase 2, Easement Area #7 and being located South 08°42'46" West 40.57 feet
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from an iron stake with a blue cap inscribed: "K2 DESIGN CONTROL POINT" (Point No. 200)
with N.C. Grid Coordinates N=678,773.9145', E=2,506,737.3010' (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 57), North 71 ° 15' 12" East 228.20' to an iron stake;
thence North 71°15'12" East 239.66' to an iron stake; thence South 00°51'06" West 597.33' to an
iron stake; thence North 80°43' 17" East 198.91' to an iron stake; thence South 08°25'46" East
440.63' to an iron stake; thence South 84°27' 13" West 416.54' to an iron stake; thence North
81 ° 10'05" West 85.86' to an iron stake; thence North 01 ° 13'57" East 117.33' to an iron pipe; thence
North 01 ° 13'S7" East 125.79' to a non-monumented corner; thence South 89°57'17" West 20.00'
to an iron stake; thence South 89°57'17" West 198.09' to an iron stake; thence North 01°] 1'33"
East 161.35' to an iron stake; thence North 01 °57'28" East 373.56' to an iron stake; thence North
00°37'49" East t00.23' to an iron stake, which is the Point of Beginning (Point No. 57), having an
area of 10.89 acres, more or less, as shown on the plat of survey titled "Conservation Easement
Survey for Restoration Systems., LLC of the City of Greenville Mitigation Site" recorded in Plat
Book 95, Pages 76 - 77, Pitt County Public Registry.
ALL TOGETHER WITH that certain new sixty (60) feet -wide access easement labeled as "New
60' Access Easement" containing approximately 1 1.92 acres, more or less, and new one hundred
thirty (130) feet -wide access easement labeled as "New 130' Access Easement" containing
approximately 1.33 acres, more or less, all for ingress, egress, and regress and all as shown on the
foregoing described plat of survey recorded in Book 85, Pages 76 - 77, Pitt County Public Registry.
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