20220241 Ver 1_Mitigation Conservation Easement_20240408

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This instrument was prepared by U.S. Army
Corps of Engineers Wilmington District,
Regulatoty Division at 69 Darlington
Avenue Wilmington, NC 28403
Imaqe ID: 000000276188 Type; ESMT
Recorded: 04/03/2024 at 01:51:56 PM
Fee Amt: $30.00 Page I of 16
Jones, NG
Susan S. Gray Reqjster of Deeds
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
THE BARN GROUP LAND TRUST,
INC.
clo Scoff Smith
1015 Tyrone Road
Suite 420
Tyrone, Georgia 30290
PERMANENT CONSERVATION
EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made
this day 28th of March 2023 by Mar -tin Marietta Materials, Inc. and between
("Grantor") and The Barn Group Land Trust, Inc. ("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 Jones County, North Carolina, more particularly described in
Exhibit A attached hereto and incorporated herein (the "Property");
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WHEREAS, Grantee is a charitable, not -for -profit or educational
corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the
Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or
powers of which include one or more of the purposes (a) — (d) listed below;
(a) retaining or protecting natural, scenic, or open -space aspects of
real property;
(b) ensuring the availability of real property for recreational,
educational, or open -space use;
(c) protecting natural resources,
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic,
natural, or aesthetic value of the property in its natural state, which includes the
following natural communities: riparian wetland. The purpose of this Conservation
Easement is to maintain streams, wetlands and riparian resources and other
natural values of approximately 104 acres, more or less, and being more
particularly described in Exhibit B attached hereto and incorporated fully herein by
reference (the "Conservation Easement Area"), and prevent the use or
development of the Conservation Easement Area for any purpose or in any
manner that would conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the
Conservation Easement Area is a condition of the approval of the Mitigation
Banking Instrument (MBI) and Mitigation Plan for the Martin Marietta Belgrade
Quarry, Department of the Army (DA) Action I D Number SAW SAW-201900233,
entitled "Agreement to Establish the Martin Marietta Belgrade Quarry Mitigation
Plan in the White Oak River Basin within the State of North Carolina", entered into
by and between Martin Marietta and the Wilmington District Corps of Engineers
(Corps). The Woods Property Mitigation Site has been approved by the Corps
for use as a mitigation site to compensate for unavoidable stream and wetland
impacts authorized by DA permits.
WHEREAS, Grantor and Grantee agree that third -party rights of
enforcement shall be held by the North Carolina Division of Water Resources
(NCDWR) and the U.S. Army Corps of Engineers, Wilmington District ("Third -
Parties," to include any successor agencies), and may be exercised through the
appropriate enforcement agencies of the United States and the State of North
Carolina, and that these rights are in addition to, and do not limit, the rights of
enforcement under the NCDWR Project ID DWR # 20220241 and Department of
the Army instrument number SAW-2019-00233 ("Mitigation Banking
Instrument"), or any permit or certification issued by the Third -Parties,
NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable consideration,
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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 1.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation
Easement is an easement in gross, runs with the land and is enforceable by
Grantee against Grantor, Grantor's personal representatives, heirs, successors
and assigns, lessees, agents and licensees.
ARTICLE 11.
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. Agricultural, Grazing and Horticultural Use. Agricultural, grazing,
animal husbandry, and horticultural use of the Conservation Easement Area are
prohibited.
E. Vegetation., There shall be no removal, burning, destruction,
harming, cutting or mowing of trees, shrubs, or other vegetation in the
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Conservation Easement Area except as provided in the Mitigation Plan. Mowing
of invasive and herbaceous vegetation for purposes of enhancing planted or
volunteer trees and shrubs approved in the Mitigation Plan is allowable once a
year for no more than five 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 Martin Marietta
Materials and shall not violate any part of Item L of Article 11.
F. Roads and Trails. There shall be no construction of roads, trails or
walkways on the Conservation Easement Area - nor enlargement or modification
to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation
Easement Area, except the posting of no trespassing signs, signs identifying the
conservation values of the Conservation Easement Area, signs giving directions
or proscribing rules and regulations for the use of the Conservation Easement
Area and/or signs identifying the Grantor as owner of the Conservation
Easement Area.
K Dumping or Storage. Dumping or storage of soil, trash, ashes,
garbage, waste, abandoned vehicles, appliances, machinery or hazardous
substances, or toxic or hazardous waste, or any placement of underground or
aboveground storage tanks or other materials on the Conservation Easement
Area is prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading,
filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel,
rock, peat, minerals or other materials, and no change in the topography of the
land in any manner on the Conservation Easement Area, except to restore natural
topography or drainage patterns. For purposes of restoring and enhancing
streams and wetlands within the Conservation Easement Area, Martin Marietta
Materials is allowed to perform grading, filling, and excavation associated with
stream and wetland restoration and enhancement activities as described in the
Mitigation Plan and authorized by Department of the Army Nationwide Permit 27.
J. Water Qualily 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
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pursuant to a transferable development rights scheme or cluster development
arrangement or otherwise.
L. Subdivision. The Grantor and Grantee agree that the Conservation
Easement Area currently consists of 104 acres within two separate parcels. The
Grantor may not further subdivide the Conservation Easement Area, except with
the prior written consent of the Grantee. If Grantor elects to further subdivide any
portion of the Conservation Easement Area, Grantor must provide the Grantee the
name, address, and telephone number of new owner(s) of all property within the
Conservation Easement Area, if different from Grantor. No subdivision of the
Conservation Easement Area shall limit the right of ingress and egress over and
across the Property for the purposes set forth herein. Further, in the event of any
subdivision of the Property (whether inside or outside of the Conservation
Easement Area) provision shall be made to preserve not only Grantee's perpetual
rights of access to the Conservation Easement Area, as defined herein, but also
Grantee's right of perpetual access to any conservation easements on properties
adjacent to the Property which form a part of or are included in the Mitigation Plan.
Creation of a condominium or any de facto division of the Conservation Easement
Area is prohibited. Lot line adjustments or lot consolidation without the prior written
consent of the Grantee is prohibited. The Grantor may convey undivided interests
in the real property underlying the Conservation Easement Area. The Grantor shall
notify the Grantee immediately of the name, address, and telephone number of
any grantee of an undivided interest in any property within the Conservation
Easement Area.
M. Vehicles. The operation of mechanized vehicles, including, but not
limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is
prohibited other than for temporary or occasional access by the Martin Mariefta
Materials, the Grantee, its employees and agents, successors, assigns,
NCDWR, and the Corps for purposes of constructing, maintaining and
monitoring the restoration, enhancement and preservation of streams,
wetlands and riparian areas within the Conservation Easement Area. The use
of mechanized vehicles for monitoring purposes is limited to only existing
roads and trails as shown in the approved in the mitigation plan.
N. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this
grant, the preservation of the Conservation Easement Area substantially in its
natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE III.
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives,
heirs, successors or assigns, the right to continue the use of the Conservation
Easement Area for all purposes not inconsistent with this Conservation
Easement, including, but not limited to, the right to quiet enjoyment of the
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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, the right to construct and perform activities related to
the restoration, enhancement, and preservation of streams, wetlands and riparian
areas within the Conservation Easement Area in accordance with the approved
Martin Marietta Belgrade Quarry Mitigation Plan, and the Mitigation Banking
Instrument described in the Recitals of this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor,
its successors and assigns, the right to access and traverse the property through
both designated and undesignated trails, as approved by the Grantee.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns,
and the Corps, 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, Martin Marietta Materials, and its authorized representatives,
successors and assigns, and the Corps shall also have the right to enter and go
upon the Conservation Easement Area for purposes of making scientific or
educational observations and studies, and taking samples. The easement rights
granted herein do not include public access rights.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, the Corps,
and NCDWR are allowed to prevent any activity on or use of the Conservation
Easement Area that is inconsistent with the purposes of this Easement and to
require the restoration of such areas or features of the Conservation Easement
Area that may be damaged by such activity or use. Upon any breach of the terms
of this Conservation Easement by Grantor that comes to the attention of the
Grantee, the Grantee shall notify the Grantor in writing of such breach. The
Grantor shall have 30 days after receipt of such notice to correct the conditions
constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal
proceedings including damages, injunctive and other relief. Notwithstanding the
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foregoing, the Grantee reserves the immediate right, without notice, to obtain a
temporary restraining order, injunctive or other appropriate relief if the breach of
the terms of this Conservation Easement is or would irreversibly or otherwise
materially impair the benefits to be derived from this Conservation Easement.
The Grantor and Grantee acknowledge that under such circumstances damage
to the Grantee would be irreparable and remedies at law will be inadequate. The
rights and remedies of the Grantee provided hereunder shall be in addition to,
and not in lieu of, all other rights and remedies available to Grantee in connection
with this Conservation Easement. The costs of a breach, correction or restoration,
including the Grantee's expenses, court costs, and attorneys' fees, shall be paid
by Grantor, provided Grantor is determined to be responsible for the breach. The
Corps and the NCIDWR shall have the same rights and privileges as the said
Grantee to enforce the terms and conditions of this Conservation easement.
B. No failure on the part of the Grantee to enforce any covenant or
provision hereof shall discharge or invalidate such covenant or any other
covenant, condition, or provision hereof or affect the right to Grantee to enforce
the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed
to entitle Grantee to bring any action against Grantor for any injury or change in
the Conservation Easement Area resulting from causes beyond the Grantor's
control, including, without limitation, fire, flood, storm, war, acts of God or third
parties, except Grantor's lessees or invitees; or from any prudent action taken in
good faith by Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to life, damage to property or harm to the Conservation
Easement Area resulting from such causes.
ARTICLE VI.
MISCELLANEOUS
A. Warrantv. 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
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this Conservation Easement shall survive any merger of the fee and easement
interests in the Conservation Easement Area or any portion thereof and shall not
be amended, modified or terminated without the prior written consent and
approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the
Grantee hereby covenants and agrees, that in the event it transfers or assigns
this Conservation Easement, the organization receiving the interest will be a
qualified holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et
seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the
Grantee further covenants and agrees that the terms of the transfer or
assignment will be such that the transferee or assignee will be required to
continue in perpetuity the conservation purposes described in this document.
D. Entire . Agreement and SeverabilLty. The Mitigation Banking
Instrument: IVIBI with corresponding Mitigation Plan, and this Conservation
Easement sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent
jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate
taxes, assessments, fees, or charges levied upon the Property. Grantor shall
keep the Property free of any liens or other encumbrances for obligations
incurred by Grantor, except those incurred after the date hereof, which are
expressly subject and subordinate to the Conservation Easement. Grantee shall
not be responsible for any costs or liability of any kind related to the ownership,
operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits that
may apply to the exercise of the Reserved Rights.
F. Long -Term Management. Grantor is responsible for all long-term
management activities associated with fencing. These activities include the
maintenance and/or replacement of fence structures to ensure the aquatic
resource functions within the boundaries of the Protected Property 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
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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.
1. Proceeds. This Conservation Easement constitutes a real property
interest immediately vested in Grantee. In the event that all or a portion of the
Conservation Easement Area is sold, exchanged, or involuntarily converted
following an extinguishment or the exercise of eminent domain, Grantee shall be
entitled to the fair market value of this Conservation Easement as determined at
the time of the extinguishment or condemnation.
J. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified
mail, postage prepaid, to the following addresses (or such address as may be
hereafter specified by notice pursuant to this paragraph) -
To Grantor:
Martin Marietta Materials, Inc.
Attn. VP -GM
4123 Parklake Avenue
Raleigh, NC 27612
To Grantee:
The Barn Group Land Trust, Inc.
c/o Scott Smith
1015 Tyrone Road
Suite 420
Tyrone, Georgia 30290
To Sponsor:
Martin Marietta Materials, Inc.
Attn. VP -GM
4123 Parklake Avenue
Raleigh, NC 27612
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Pr,166
To the Corps:
US Army Corps of Engineers Wilmington District, Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
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
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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 Page I of the Mitigation Plan, prepared by Grantor and
acknowledged by the Grantor and Grantee to be complete and accurate as of the
date hereof. Both Grantor and Grantee have copies of this report. It will be used
by the parties to assure that any future changes in the use of the Conservation
Easement Area 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.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand
and sea], the day and year first above written.
[Signatures of the Grantor and Grantee in appropriate form]
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Grantor:
Martin Marietta Materials, Inc.
a North Carolina corporation
By: kt/�
David N, Crosby, RegVal Vice President and General Manager — East Division
STATE OF � V(ct ke, COUNTY.
1, the undersigned, a Notary Public for said County, in said State, hereby certify that
David N. Crosby, signatory to the foregoing conveyance, and who is known to me,
acknowledged before me on this day that, being informed of the contents of the conveyance,
he, as Authorized Signor of Martin Marietta Materials, Inc., and with full authority, executed
the same voluntarily for and as the act of said corporation on the date provided thereon.
rfebAAayq
Given under my hand and official seal this Jeday of Jeftuaq 2024.
N
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NOTARY PUBLIC
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Grantee:
THE BARN GROUP LAND TRUST, INC.,
a Georgia Wnprofit corporation
M
mith, Chairman of the Board
STATE OF COUNTY.
1, the undersigned, a Notary Public for said County, in said State, hereby certify that
Scott Smith, signatory to the foregoing conveyance, and wh.- is. known to me, acknowledged
before me on this day that, being informed of the contents of the conveyance, he, as Chairman
of the Board of The Barn Group Land Trust, Inc., and with full authority, executed the same
voluntarily for and as the act of said corporation on the date provided th3reon.
Given under my hand and official seal this Zc� dav of February 2024.
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EXHIBIT A
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EXHIBIT B
[Mitigation Plan and Easement Area Map attached]
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