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HomeMy WebLinkAbout20201664 Ver 2_Recorded CE Asgmt - White Property (Bells Bridge)_20240416ID# * 20201664 Version * 2 Select Reviewer: Katie Merritt Initial Review Completed Date 04/16/2024 Mitigation Project Submittal - 4/16/2024 Is this a Prospectus, Technical Proposal or a New Site?* Yes No Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Contact Name: Email Address: Barrett Jenkins barrett.jenkins@davey.com Project Information ID#: 20201664 Version:* 2 Existing ID# Existing Version Project Type: DMS Mitigation Bank Project Name: Bells Bridge Bank Parcel - Roseneath Umbrella Nutrient Offset Banking Instrument County: Halifax Document Information Mitigation Document Type:* Mitigation Conservation Easement File Upload: Recorded CE Asgmt - White Property (Bells 1.03MB Bridge).pdf Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name:* Barrett Jenkins Signature: * , i � p?, t te V r ( "? Type: CONSOLIDATED REAL PROPERTY Recorded: 5/31/2023 9:12:28 AM Fee Arnt: $66.00 Page 1 of 25 Receipt#: 202200007408 Revenue Tax: $0.00 Halifax, NC Christie C Avens Register of Deeds BK 2734 PG 72 - 96 Excise Tax: NTC Prepared By: W. Judson Smith, Arrowhead Law, PLLC Return After Recording to: Attn: Barrett Jenkins I 10 1 Haynes St., Suite 211 Raleigh, NC 27604 Brief Description for the Index: Assignment of Conservation Easement, as amended and restated in Book 2697, Page 172 NORTH CAROLINA HALIFAX COUNTY ASSIGNMENT OF CONSERVATION EASEMENT THIS ASSIGNMENT OF CONSERVATION EASEMENT (this "Assignmen ") 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.; submitted electronically by "Arrowhead Law, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Halifax county Register of Deeds. Book:2734 Page:72 Page 1 of 25 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 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 dated February 9, 2022, granted by Janet White Leggett and husband, Quentin Wade Leggett, and Mary Pat White Brady and husband, Donald Earl Brady, collectively, the Grantor thereof and recorded in Book 2689, Page 367, Halifax County Registry, affecting certain real property as particularly described therein (as amended and restated by that certain Amended and Restated Permanent Conservation Easement, dated February 16, 2022 and recorded in Book 2697, Page 172, Halifax County Registry, the "Conservation Easement"), and a true copy of which Conservation Easement 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 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. Book:2734 Page:72 Page 2 of 25 IN TESTIMONY VaMREOF, Assignor and Assignee have hereunto set their hands and seals, on the day and year first above written. [SIGNA TURES APPE,4R ON FOLL 0 WING PA GES] Book:2734 Page:72 Page 3 of 25 ASSIGNOR: RESTORATION SYSTEMS, LLC, a North Carolina limited liability company STATE OF COUNTY OF I certify that the followl'person personally appeared before me this day and acknowledged that he/she is the llrec.4y- — 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: :16" V.-e-V'ge- Witness my hand and official stamp or seal, thisg 67 day of 2023. [SEAL] CAN 0-T A PUB\- C Printed Name of Notary My commission expires: II —Ise, Book:2734 Page:72 Page 4 of 25 ASSIGNEE: NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., a North Carolina nonprofit corporation By: Name: C7 z c,-; 0 a " ( zse' a /' Title: STATE OF Oe', COUNTY OF I certify that the following person personally appeared before me this day and acknowledged that he/she is the C hm jr- M4^ 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: rpraivev t7p �Ij Witness my hand al', official stamp or seal, thist � day of 2023. CAN& [SEA�' 41 1/ �9 0 R PU51 C 11111610, gnature oTNotary Public 4,mky Printed Name of Notary Publi/ My commission expires: Book:2734 Page:72 Page 5 of 25 EXHIBIT A Conservation Easement [Attached hereto] Book:2734 Page:72 Page 6 of 25 Page 1 qf 14-.., J i ". 13xcise Tax,, NT.0 PR.EPAR.ED 13Y: Jose'p'h,�. lids's III of -Manning, Fulton & Skinner P.A. RECORDIT�G 4Q�JESTEPBY AND WHEN-UlcV, RDEP MAIL TO: Restoration System�, LLU Attn: Barrett Jenkin Type: CONSOLIDATED REAL PROPERTY Recorded: 4/26/2022 2:50:10 PIVI Fee Arnt: $42.00 Page 1 of 19 Receipt#: 202100007346 Revenue Tax: $0.00 Halifax, NC Christie C Avers Register of Deeds BK 2697 PG 172 - 190 ... ­1 .; I e I 10 1 Haynes St. Suitd-� I I Raleigh, NC 27604 AMENDED AND RESTATED PF-tllf�,f4�NTI-i�C)N'9"*ERVATION EASEMENT THIS AMENDED AND RESTA-TEDPERMA�i4VW..CONSERVATION EASEMENT ("Conservation Easement") is cfteC6�-a5r-of I Februaqt 1,6., 2,02�, by :and between Janet White Leggett and husband Quentin Wade Leggptt, natur�l per�ions tQ�Q in Rocky Mount, North Carolina, whose address is 3609 Woodlawn Road, Rocky Mount, NC? 27804, and Mary Pat Wliite Brady a/k/a Mary Patterson White Brady and�hkisb�andj)onald garl Brady, by and through his Agent, Mary Patterson White Brady, natural pers'*—s"residing'in.,W-iMi-,ryilte, North Carolina, whose address is 162 Pine Branches Close, Wint6r.ville, NC 28590 (her6inafter collectively referred to as "Grantor") and Restoration Systems, L�C,'.a .-North e2rolina. limifea',liability company, whose address is I 10 1 Haynes Street, Suite 2 I'T,' Raleigh,; NC,: 27664, Attn: B-arrett Jenkins (hereinafter referred to as "Grantee"), The designation drantot'landl6raiii6e-'As.j�sLvi.Jeerein shall include said parties, their licirs, successors, and assigns afid shalt,ikictude..--singula��, plural, masculine, feminine, or neuter as required by context. RECITALS WHEREAS, Grantor and Grantee entered into that certain Permarimlv`,tonserv'�ition Easement dated February 9, 2022, and recorded February 16, 2022, in Deed Book 26.89, Pa& 367, Halifax County Registry (the "Original Easement"). 3646269v3.TRL.26275.T2970t submitted electronically by "Wellman & white, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Halifax county Register of Deeds. Book:2697 Page:172 Page 1 of 19 Book:2734 Page:72 Page 7 of 25 Page 2 qf 14-.., WHEREAS, by inadvertence, the Original Easement placed broader restrictions on GrantoCs-Land (as hereinafter defined) than was intended by the parties; WHEREAS, the parties hereby amend and restate the Original Easement in its entirety, and this Aueri%dcd and Restated Permanent Conservation Easement shall control and govera over the _/Ibrigi& Ease - �nent; provided, however, that for put -poses ofpriority, this Conservation Easement shall be effi�fPVc, , as of the date and time of filing the Original Easement given that this -Co n nservati-6 '-Easen4pnt affects the same Property (as hereinafter defined) as the Original Easement '�ut merely r9auces &rtain restrictions on Grantor's Land; WHEREAS,.)3-r�nloi,-,owns in fee simple approximately 36.30 acres of real property situated; lying, ai . id being in Hali%x County, North Carolina, more particularly described in Exhibit A attached,-Ijer4to,"and ineQorat4�d herein (the "Property"), which such Property is located over and upon that cerlain la4cr tr'act o� latid:b�n�ZNn fee simple by Grantor and described on Exhibit B attached hereto . -and iric ' : ated�iher�jn ('.'Graritor's Land"); ��pon I e WHEREAS, brq�tec is `zl N6rth Cat�oli-na.li'.miked. liability company whose purpose is the conservation of property and who. i� qtialifieidp b� the graptee of a conservation easement under N.C, Gen, Stat.§ 121-35; WHEREAS, Grantor an�cirant�'e recognize th�-, ciangc,�Ql-an scenic, natural, or aesthetic value of the Property in its natural "Itat-11 ivhWh includes"the f&'Ilowink natural communities: Tar - Pamlico River Basin, unnamed tributari6s, open fiq�d'dilci.ie�' , %a. V`hh6'adj acent riparian resources. The purpose of (his Conservation Eascmekkt is to festore and mai . fttain riparian resources, aquatic and ecological resources, and other natural\Yahl'os of the Property and to prevent the use or development ofthe Property for any purpose"6Yn /any mafine0kA would conflict with the maintenance ofthe Property in its natural conditiorr-.. WHEREAS, the preservation ofthe Property is r&qihreld by G.fantdc's Aosert.eath Ombrelta Nutrient Offset Banking Instrument in the Tar -Pamlico Rivdy Basip (t�e "NODI"' 2020-1664v2) that was approved by the North Carolina DivisiA. ofWater k-Uso�rces,(`INCDWR!') on November 29, 2021. The NOBI is between Grantee, actfnp, as tli�e "��nk Spc�sor", and NCDVv'R. The use of the Property in accordance with this Conserv�DoAas_Oment is �b restore the Property (as hereinafter defined) to a natural vegetated condition as prcivided in atfd specih�&-in the Bells Bridge Bank Parcel Development Package (the "BPDP") N�hich was NCDWR on November 29, 2021. The approval of the NOBI and the BPQf 011ow Gr�t-qtcc to establish the Bells Bridge Bank Parcel on the Property (the "Mitigation Bank").'The Mkigation Bank is intended to provide nutrient offsets for impacts pennitted by NCDVTR due . Io dc%'�qi6pment.- (both existing and proposed) within restricted areas of the Tar -Pamlico River Basin�.,Gkantor and Grantee agree that third -party rights of enforcement shall be held by NCDWR, to in�jude at'iy 364626907RL.26275729701 Book:2697 Page:172 Page 2 of 19 Book:2734 Page:72 Page 8 of 25 Page 3 qf 14-.., J succ i essor % auencies, and that such rights are in addition to, and do not limit, the rights of Grantee tocompl�L�vith its NOBI and its BPDP with the NCDWR. NOW, THEREFORE, for and in consideration of the covenants and representations contalnc�'herein and for other good and valuable consideration, the receipt and legal sufficiency —/,of wVich are.-kereby acknowledged, Grantor hereby unconditionally and irrevocably grants and co ' P�,eys unto GraPAee, its heirs, successors, and assigns, in perpetuity, a Conservation Easement :of the nat.t&'e and ch4racter and to the extent hereinafter set forth, over the Property described on 'Exhibit,A, tqgether,4ith the right to preserve and protect the conservation values thereof and with a ilgjht �f ae'Cess, as.:rollows: APTICT P T DURiffiCIN'017 EASEMENT; AREA OF EASEMENT This Consiervati6n.Rasernelit, f�cludipg,W appurtenant rights set forth herein, shall be perpetual. This Co . nserva-fion Eas4iient, in�ct�din� all appurtenant rights set forth herein, is an \ - , - wah casement in gross, run. w�ith thc� laad, and'Is'vnfoi , We by Grantee against Grantor, Grantor's personal representatives, heirs, - su , ocessors a4assi,gns, less(,es, agents, and licensees. ARTICLE H. I I PROHIBNED AND RtSTRT(;,T A&INITIES Any activity on, or use of, the Pr� perty incw�tsfe q.Ww"hb..ehe�urpose of this Conservation Easement is prohibited. The Property shall -be presch-ved idits natu . i�a I condition and restricted from any development that would impair or int6*re 'with. the con*�rvation values of the Property. Without limiting the generality of the foregoing,'r "following actiA�s and uses are expressly prohibited, restricted, or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change'-"ii6ance,..�lte%�atiop,, or4mpairment of the natural features of the Property or any introduction of noa-iiative pl�ufts qr,_atii6iaI spq'cles is prohibited, B. Construction. There shall be no constructing or placing'bf-artly''bydiding, m4bile home, asphalt or concrete pavement, billboard, or other advertising display, aqt�hna, utili�q pq1Lc,ToWer, conduit, line, pier, landing, dock, or any other temporary or permanent structure .6r fack.ity -011 of. above the Property. C, Industrial, Commercial, and Residential Use. Industrial, residential, A nd co'hip"ercial P, % - activities, including any right of passage for such purposes, are prohibited in the rT�Irly. 3646269v3.TRL.26275.T29701 Book:2697 Page:172 Page 3 of 19 Book:2734 Page:72 Page 9 of 25 Page 4 qf 14-.., J D. AAricultural, Grazinp-, and Horticultural Use. Agricultural, grazing, animal husbandry, a -ad hor0e.Wtural use on, over, upon, or within the Property are prohibited. ;E. V"etation. There shall be no removal, burning, destruction, harming, cutting, or mowing of trees, ghr.ubs, or other vegetation on, over, upon, or in the Property, except as provided in the -/,BPD I V. Mow - �ng of invasive and herbaceous vegetation for purposes of enhancing planted or vol ' tinteer tre� s-ann(] shrubs approved in the BPDP is allowable once a year for no more than five .(S� conseciii1ve ye 'vs from the date on page I of this Property, except where mowing will ,�iegativ(�Iy af�f�ct vegntation or disturb soils. Mowing activities shall only be performed by Grantee afid shall n9i violate. any part of Itern L of Article 11 or extend beyond five (5) years from the date on P�ie�,Yof this ConIsJI_VPd6Qn Easement. F. Roadj add Trailse-F erd shall be no construction of roads, trails, or walkways on, over, . I I P '. upon, or th�'Flfojcrty noi eniargeliaent o.-hib-difi cation to existing roads, trails, or walkways. . , .; . .:; I ; : : 1�. I G Signaae. No siva'� shall Vq-pe'rrn1tt'e_'d on , '-pr over the Property, except the posting of no trespassing signs, siiAs identifyi19A ihe cons�.H.ation values of the Property, signs giving directions or proscribing rules andwgui�tionj; for the or signs identifying Grantor as owner of the Property. H. Dumping or Storage. Dympinjor sto'ipge of�Phl, trastLI-4shes, garbage, waste, abandoned vehicles, appliances, machinery, .'4za�dousisubstand-,s, -'-O'T.'toxi6'---or hazardous waste, or any placement of underground or aboveg-roftZi storage-!arlk, qr 6ther ffiaterials on the Property is prohibited. 1. Excavation, Dredging, or Mineral Use. Ther� shall bel no grading, filling, excavation, dredging, mining, or drilling; no removal of topsqir,"sand, grave!erm+,,peat, minerals, or other rnatcrials; and no change in the topography of the land in wiy in-anner on i -he Property, except to restore natural topography or drainage patterns. j . Water Quality and Drainage Pattern. There shall' be no, dil�ng, ApaiDirig, di�dging, channeling, filling, leveling, pumping, impounding, or related'--activitics, 6raltoring &Jampering with water control structures or devices, or disruption or alteration of t, 4e resetorcd, cij4�anccd, or created drainage patterns. In addition, diverting or causing or perr�ittirfi t4i diversipil of surface or underground water into, within, or out of the Property by any mcaj is, removEd of;-��e�liffd.s, polluting, or discharging into waters, springs, seeps, or wetlands, or use df. pestic2e oi- 1;Ie-eide;s is.. prohibited, K. DevelopmentRights, No development rights that have been encumbered'pr exiinguished..: by this Conservation Easement shall be transferred under a transferable developmedrig�rs schem� or cluster development arrangement or otherwise. 3646269A.TRL.26275.T29701 Book:2697 Page:172 Page 4 of 19 Book:2734 Page:72 Page 10 of 25 Page 5 qf 14-.., J ..L. Vchicles, The operation of mechanized vehicles, including, but not limited to, motorcycle�s, dirt bikes, all -terrain vehicles, cars, and trucks is prohibited on, over, upon, or within �tfic P�6perty, other than for temporary oi- occasional access by Grantee, its employees, contractors, aget.ft s successors, assigns, and NCDWR for purposes of constructing, maintaining, or monitoring the restor�ticai of riparian areas within the Property. M. Oth&-Prohibitions. Any other use of, or activity on, over, upon, or the Property which .is, or may:b'&'6omc fficonsistent with the purposes of this grant, the preservation of the Property -�ubstant.iillly-hi its natural condition, or the protection of its environinental systems is prohibited, ARTICLE 111. WANTOR'S RESERVED RIGHTS Grantor expr�`sslA rcserv�s f6r itse'lf, its/ . . jei7sbn� I representatives, heirs, successors, and assigns, the right to conti6,e the �sc 4 the 4opf,'rty fol- allpurposes not inconsistent with this Conservation Easement, including, but-tiot linuted to, the.ri�ht t� quiet enjoyment of the Property, the rights of ingress and egress tht-sight to litint"-fish and kike..'on-the Property, the right to sell, transfer, gift, or otherwise convey the -Property; in wh6le 6r,!in part, .,provided such sale, transfer, or gift conveyance is subject to the tehiTs of, and,,,pqdiftWly.references, this Conservation Easement. Notwithstanding the foregoing , tqstrict�ions sci forth '�n`-Alll - "'Fe'll above and otherwise in this instrument, Grantee reserves for iti&fiPn�qg,�s the Baia Spollisor, it4 successors and assigns, the right to construct a Mitigation Bank andl.;to perform, the restoration of riparian areas within the Property in accordance Wi4h the al�provej NOBI .'and corresponding BPDP. Q J ARTICL�-W. GRANTEE'S RIGHTS; ACCESS BA"SEM"ENT""-., Grantee and its authorized representatives, employees, 4,ctits; successoi-4, assWns,,and &CDWR, shall have the right to enter the Property (including access over Grantoi`� Lan,44t Q reas'onable times for the purpose of inspecting said Property to dete . rmine Jf 6uard�r or"its personal representatives, heirs, successors, or assigns are complying with the term�,, conditions, r�strictions, and purposes of this Conservation Easement. Grantee shall also hava74,44ig4fto enter And go upon the Property for purposes of making scientific or educational observatioiis and studes afid Zaking samples. The casement rights granted herein do not include public accewxights. Accordingly Grantor hereby grants and conveys unto Gfantc�,' iits authdrized representatives, employees, agents, successors, assigns, and NCDWR a perpetual, non-extlusivc..: easement for ingress and egress over and upon the Grantor's Land at all reasonabl�,O�es and q-f the location more particularly described on Exhibit A CAccess Easemenf') attached li�reto apd 36462690.TRL.26275M�701 Book:2697 Page:172 Page 5 of 19 Book:2734 Page:72 Page 11 of 25 Page 6 qf 14-.., J incorporafed herein by this reference, to access the Property for the purposes set forth herein. This gra nt of eai;ement shall not vest any rights in the public and shall not be construed as a public �dedicaiion of the Access Easement. Grantor covenants, represents, and warrants that it is the sole owr6 1- of and is seized of Grantor's Land in fee simple and has the right to grant and convey this Acce4 E�knicrit. ARTICLE V. ENFORCEMENT AND REMEDIES A, To.'accomOish the purposes of this Conservation Easement, Grantee and the NCDV%rR are anbVv6d to pre�fen�-arq-aoti.yity, on or use of, the Property that is inconsistent with the purposes of this i'-.onserv,;wtion Easemcn�,afid to require the restoration of such areas or features of the Property 6at r4a�'. be daii-6�ed by such activity or use. Upon any breach of the terms of this Conservatio�'gas�mcnt �y Grantoi that-c�oiii-csto the attention of Grantee, Grantee shall notify Grantor in writini.,of sul 'h b - reach. hra��or shall - have thirty (30) days after receipt of such notice to correct the condilions'6nstituti�q such �re'ach. 'if the breach remains uncured after thirty (30) days, Grantee may enYbi-ce this Qons�rvatiori- Elaserdent by appropriate legal proceedings including claims for damages and injurretive.drid other leg akfiind equ'l-table relief. Notwithstanding the foregoing.';, Grantec�-*reser(,es the unpediqte right, without notice, to obtain a ternporary restraining order or�'-jnjunc'-�tivc oj' other': appi:()�fi-al-&.. relief if the breach of this Conservation Easement is or would'iizeV9Ksj6 . ly or oth��'wise - hiateri .. �Jly impair the benefits to be derived from this Conservation Easement. GrantoewA.,iUi'��8z-,aeluiowledge that under such t. Ir .,.. circumstances damage to Grantee would'be irrep6rable atid remedies at law will be inadequate. The rights and remedies of Grantee providd4icretiunder.shall be,jh addition to, and not in lieu of, all other rights and remedies available to Grani�e in,,ed-'ri,nection-with this Conservation Easement. The costs of a breach, correction, or restoration, i�41uding:draift�c's c��enscs, court costs, and reasonable attorneys' fees, shall be paid by Gratitor, prpvi.ded GraiAtor is detera�med to be responsible for the breach. NCDWR shall have the sam�-rjg6to enforce jhe teTrns a:nd c'�nditions of this Conservation Easement as Grantee. B. No failure on the part of Grantee to enforce any e6veriant'by proNiision he . i-eof shall discharge or invalidate such covenant or any other covenant, c6nditL'on', ov"provision hereof or affect the right to Grantee to enforce the same in the event of a subsequqii-Cbreach Wdefalllt-,--, C. Nothing contained in this Conservation Easement shall be constr6cd to �n�ittc ptec" to bring any action against Grantor for ariy injury or change in the Property r6�wlti,fig from �-aflses beyond Grantor's control, including, without limitation, fire, flood, storm, war, act� of GoTiq`r third parties, except Grantor's lessees, agents, contractors, or invitees,- or from any prude I ht acb6n taken," in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant 3646269y3.TRL.26275.T29701 Book:2697 Page:172 Page 5 of 19 Book:2734 Page:72 Page 12 of 25 Page 7 qf 14-.., J inj�i y to afe, damage to property, or harm to the Property resulting from such causes. ARTICLE VI. MISCELLANEOUS War vanty. Grantor warrants, covenants, and represents that it owns the Property in fee sin)p'le, that G-rff-iAQr owns all interests in the Property which may be impaired by the granting of Jlfis Consey'�ation �'asement, and that there are no outstanding mortgages, tax liens, encumbrances, 'or othcr.ihter-� sts in the Property which have not been expressly subordinated to this Conservation t�serne'nt..,Orantor�lso warrants that Grantee shall have the use and enjoyment of all the benefits derivekfl--�m and '.-�rising-out.'of this Conservation Easement and that Grantor will warrant and defend �itle to the P-i'operty agait�st the claims of all persons whatsoever. B. Su�s&idcnt Transfifs. drantoy�Zws to incorporate the terms of this Conservation Easement in any �ced oi'otl�er legal insirument that transfers any interest in all or a portion of the Property. Grantor re provi4iMitteD':n'bticc"-,of uch transfer to Grantee at least thirty (30) es ',6 s days before the date Kthe transfer. Grantor'.artcl Gtantee agree that the terms of this Conservation Easement shall survive -��fy nl'6rger. 6 f the fee%aii�f�sem�fkt interests in the Property or any portion thereof and shall not be amend6d, rnodifiq�,,�K.t�rrninatcd 'without the prior written consent and approval of NCDWR. C. Assignment. The parties'--j=dgnize�' and agicte that the b�enefits of this Conservation Easement are in gross and assignabij;'.fi�vided, WwiVCr�-#'h4.Giantee hereby covenants and agrees that, in the event it transfers or,assigns Aiis Cc�nscrv�tion Easement, the organization receiving the interest will be a qualified holaer undor N.G.'Gen. Wt. § 121-34, el seq. and § 170(h) of the Internal Revenue Code, and Grantee alsi5--.(>,�cAaiits and airces that the terms of the transfer or assignment will be such that the transferee or as4gnee willfic requ�ircZtto continue in perpetuity the conservation purposes described in this docurneilt. D. Entire AjZreement and Severability. The combi'�A NIOBI With �orrcsbondijng BPDP and this instrument set forth the entire agreement of the partie�' with kt-esp'q.- ct - Lb'-'Ib -,(misztvation Easement and supersedes prior discussions, negotiations, undekstandings, or qgreemeh.ts relating to the Conservation Easement. If any provision is found to be void.'4?�l unonfoy�6eable hys a court of competent jurisdiction, the remainder shall continue in full force and effe-Qt'.' E. Obligations of Ownership. Grantor is responsible for any real eKate ta?i esAss635t6&nts fees, or charges levied upon the Property. Grantor shall keep the Property ftc6'0f1A'rt'y licn�"�'_a�bcr' encumbrances for obligations incurred by Grantor except those incurred after the:date hereof and which are expressly subject and subordinate to the Conservation Easement. Grar�,= shalf not be.-: responsible for any costs or liability of any kind related to the ownership, operati�i7,, insuranc6., 36462690JR1,26275.T29701 Book:2697 Page:172 Page 7 of 19 Book:2734 Page:72 Page 13 of 25 Page 8 qf 14-.., J upk�ep, 4--paintenance of the Property, except as expressly provided herein. Nothing herein shall rOieve kiydntor of the obligation to comply with federal, state, or local laws, regulations, and pertni6 that may apply to the exercise of Grantor's reserved rights set forth in Article 111. P, Extinguishment. In the event that changed conditions render impossible the continued —/,fise 9f the Prpperty for the conservation purposes, this Conservation Easement may only be ext1i4uished,: iiywhole or in part, by judicial proceeding. G. Ami-iientDomain. Whenever all or part of the Property is taken in the exercise of eminent de�naie so A to sut�stantially abrogate the restrictions imposed by this Conservation Easement, G,a�l&�fid Grante c sW�jojn in appropriate actions at the time of such taking to recover the full value of the taking': �nd all incidCmtal and direct damages due to the taking. H. Et!n6nh Domain Proce� s, Tbi-s-CTservation Easement constitutes a real property interest immediately ve9ted..-'in Gratteei In the event that all or a portion of this Property is sold, exchanged, or inv6luntAut� conv-,-Ied foll6N�ing 'an extinguishment or the exercise of eminent domain, Grantee shW be entitlej� iq the f1jr linarliet value of this Conservation E asement. The parties stipulate that th�f�irnf�i'kcVvaluc of t�mc.'O"n�efvation Easement shall be determined by multiplying the fair market va ' ltte�'of the Prop , i�rty'uneupum�ered by this Conservation Easement (minus any increase in value Aer the date o)Y*this grar�t ttrib6table to improvements) by the ratio of the value of this Conservation Ease4ient atAhe timf� q - f thls-gi�pt to the value of the Property (without deduction for the value df " thi Cor'servationl',Easem.ent) k. the time of this grant. The values at the time of this grant shall be i�6Jues used,, or�whic4'*q �Llo have been used, to calculate a deduction for federal income tax purposes, under' Sectian 176(h) of the Internal Revenue Code (whether eligible or ineligible for such a d�duction). Grantee shall"use its share of the proceeds in a manner consistent with the purposes of this &41�erv,Rtion Easement, 1. Notification, Any notice, request for appi - O.val, or.bth6r cominuni . otion required under this Conservation Easement shall be sent by register�� or cel--tified T-ail� postage &ipaid, to the following addresses (or such address as may be hereafter speFified by rt�tice , in a�cordaifcc with this Paragraph): To Grantor (as applicable): Janet *OAiite Leggett and Quentin Wade Leggett 3609 Woodlawn Road Rocky Mount, NC 27804 364626907RI-26275.T29701 Book:2697 Page:172 Page 8 of 19 Book:2734 Page:72 Page 14 of 25 Page 9 qf 14-.., M�'.'y Patterson White Brady and:Donald Earl Brady 162 Pine Branches Close Winterville, NC 28590 'to Granfee: Restordi(3rb ' Systems, LLC I 1.(�i .. % Hayneg-3treet N -'27604 Xttn: Barm'tt.mnFir�g--, To NQU �DWR: NCDEQ Divis�o: n Qf Wat' R�s/0-111-c-c's\. i g r ncfi 401 &Buffer Pe�rnj- tin B.1 1617 Mail S-ea-vice-'Center.. Raleigh, NC2\7-&Qj-161Y I Failure of Grantee. Ifa—t any tim�-Qvintik is nnabI6.or fails to enforce this Conservation Easement, or ifGrantee ceases -to be a qfialifi6.d grantee,land ifwjthin a reasonable period oftime after the occurrence ofone ofthe§Q even'ts Grantee fail� t&mai�C�ftassignmcrit in accordance with this Conservation Easement, then UxaAt ,cp�s interest Aall Occorric'-yested in another qualified grantee in accordance with an appropriaf� pt*oceedilq-g'itfa'cotnt.6fr-ai-npetentjufisdiction. K. Amendment, This Conservation Eai�crneijt may'be ameVdcd but only in a writing signed by all parties hereto and provided such am�iidf "c"'does not' affect the qualification of this Conservation Easement or the status of Grantee i.ndcr any.7appilie'able laws and provided such amendment is consistent with the conservation purp6ses of thi* grant. L. Present Condition of the Property. The wetlands, scenic, 1'�sodrcc, Q, nvir'6.nmenf�], and other natural characteristics of the Property, and its current 4se an'd A6 'ei;i% %r�-Vera6nt, are p described in the BPDP, prepared by Grantee acting as the Bank Sponsoff�r the 13PDP. The BPDP is acknowledged by Grantor to be complete and accurate as of the'datl�.I)&eo� Granto�has copies of the BPDP. The BPDP will be used by the parties to assure that any "we' changeXin the-u-se of the Property will be consistent with the terms ofthis. Conservation Easenimt. Howzver %e BP6'R is not intended to preclude the use of other evidence to establish the prc�.cnt 'FoRditio� of,...the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and casements perpetually unto aranie'e for tho' aforesaid purposes, % 36462459v3,TRL.26275.T29701 Book:2697 Page:172 Page 9 of 19 Book:2734 Page:72 Page 15 of 25 Page 1 0.10f fg. IN' --.TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal, the day and Y�ar first obove written. GWANT R: ICU rSEAL] Jairk hitetvgg�ett 09 [SEAL] Q�i�nfi'n Wade I�Ke t STATE OF NOAH CAROtTNA COUNTY OF W-PAX 1, William Omlute, Jr. a Not*�ublic of the aforesaid County and State, certify that Janet White 17uggett and Quentin Leggett personally carne before me this day and acknowledged that they yolontarily signed the fQ�egoing instrument foi- the purpose stated therein, WITNESS my hand and dfficial'-seal, t1lis tile Z6d%-­daY ol-,.A 12022, NOTARY PUBLIC J My Com IsTmi A 7, 2025. TA f [Additional signatures to follow.j, 3654820vl.JBB.26275.T29702 Book:2697 Page:172 Page 10 of 19 Book:2734 Page:72 Page 16 of 25 Page 1 1-10f fq- GRANTOR,- (SEAL) Mary"Pat ite Brady a/k/a Mary tterson White Brady NORTH �--AROLINA-' HALIFAX 6QU Y 1, Nancy Wiley, a -'Notary Pu�lic,"of W-arrefi.County, North Carolina, do certify hereby that Mary Pat White-.Bra"k/a N�r�'Pattel-s'bn nite Brady, wife of Donald Earl Brady, in her individual capacity, whQ. proved ber identity'.to. my.Natisfaction, personally appeared before me this day and acknowledg�d-thc7 due Qx'ecutioij 4,k�"f;�6go.ing instrument for the purpose stated therein. Witness my hand and offkcial st4inp &scal, this the 4n' day of April, 2022. Nancy'-Wil4y.,'Not�ry/PubU J My Commission Ex 'a 'pi June 18, 2026. Book:2697 Page:172 Page 11 of 19 Book:2734 Page:72 Page 17 of 25 Page 12.,Of fg. -(SEAL) Donald Earl Brady By:, � j jN aAA A Ar�_ Ja (SEAL) MTY NUer6i White Brady, Agent NORTH CARO TINA HALIFAX MN�y 1, Nancy WiTqy, a Notary Py'bU6 of *� I iren'V-ounty, North Carolina, do certify that Donald Earl Brady, b�And throu�,h'fr's Ager . it, -Mary Patterson White Brady, who proved her identity to my satisfactio�',-pers:"6nal� appeardbef6i; �� this day, and being by me duly sworn, says that she executed the foregoing and annexed,instrurneftt for and on behalf of Donald Earl Brady; that her authority to exe�ute and aSh6wi6dge �aid in*strument is contained in an instrument duly executed and adnowledged, dated FebrUry!28, 2022, recorded in the Office of the Register oiDeeds for Pitt Cotinty, Nqrth 6rolina 6n%Maith3%,'-2022, in Book 4252, Page 227, Pitt Public Registry; this instru�tcmt.,wA3'7cxecut4vnder.'qnd by..virtue. of the authority given by said instrument granting her power of -'.attorney; arTdjfiat llie,'!�4id.Mary Patterson White Brady acknowledged the due execution of the f&egoing ' and am�exed'iNtrument for the purposes therein expressed for and on behalf of the s4d Do�ald Earl Brad Witness my hand and official seal, this the d day o�,ApIA-,t62�. Wz AlAAAtI4 V14 Nancy WiI4, Notary �4blic My Commiss!�wlf ip%,june 18, 2026. 0 3, 1 . . .............. 0 U tc� .......... Book:2697 Page:172 Page 12 of 19 Book:2734 Page:72 Page 18 of 25 Page 13.,Of fg. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY (G.S. 32C-3-302) Mary'- Patterson White Brady, her eby do state and affirm the following under penalty of My hu5band, Donald Earl Brady, hereinafter sometimes referred to as "Principal," gNmed M6 anthority 4s his Agent under a Durable Power of Attorney dated February 28, 2022, rec'oq:ded-'. on March 31-'2022, in Book 4252, Page 227, Pitt Public Registry. (2) Thdp.6�ers an�'wjthority granted to me in the Durable Power of Attorney currently ar�,, ex ci�ablc by, -me. (3) 1 ha�,c actilial k-nowle0ge.ofthe f,,�Ilowing: (a) T�je ]�'incipaf is �ot dexea�ed. (b) Th . �-DurableVo�ver oT Attor�ey or my authority as agent under the Npurable Pc�wer of Attorl'iey has not been revoked or terminated, partially Or other�#Ise./ (c) The Prinjpip�l did not I� uk fhe under9l ' anding and capacity to make and commurucate decisi�w',Y�gardjftg his"cstate and person at the time the Durable PQwer of Attoi;pey wa� ekeeufed. (d) The Durabla.PoWpr of Xttorneyk��ig_prj�H-y. executed and is a legal, valid Durable'Ro*x-ptAttorne);� I agree not to exercise any powers --granted ' under tie Du�41e Power of Attorney if I become aware that the Principal is deceased! that the Durable Po.*er of Attorney has been revoked or terminated; or that my autbority as age.k uptler the 1�urable Power of Attorney has been revoked or terminated. This the 22'd day of April, 2022. A\cl Ku (SEAL) Mary atte on White Brady 162 Pine B ches Close, Winterville, NC 28590 7/1,7 NORTH CAROLINA HALIFAX COUNTY Sworn to and subscribed before me this the 22"d day of April, 2022, by Marylp4tterson' Book:2697 Page:172 Page 13 of 19 Book:2734 Page:72 Page 19 of 25 Page 1�of fq-, ./i Whitt B rady, who proved her identity tO My SatiSfaCtiOD. r Nancy Wile�, Notary PAlic —,�y Commissidn Expires: June 18, 2026. . ...... COU "OX I e J Book:2697 Page:172 Page 14 of 19 Book:2734 Page:72 Page 20 of 25 Page 15.,Of fq. AdREEI),-AND ACCEPTED BY GRANTEE: :,'Res�oiration Systems, LLC, a Nor&q�rolina limited liability o y -/,By: A ��[S�ALI Title: STATE OF NORTH CIA-20 - LINA COUNt,Y OF I ce�l�q t at the fbikiwing persor),per&,onally appeared before me (his day, acknowledging -.. : ---A document as the duly tome that Lje�" sig1jed the foregoing Ctz authorized signatc� . y e WITNESS my Rw�d wid ofacial sca4 thi& -2T-,,day of 2022. pl�' A N MAARYTUBLIC �v Conlin. 03-0,,;-2{)23 I Y.. f, M, Cornmis &n"Ex"pire�';"'... 364626907RI-26275729701 Book:2697 Page:172 Page 15 of 19 Book:2734 Page:72 Page 21 of 25 Page 16.,Of fg. EXHIBIT A PROPERTY DESCRTPTION (CONSERVATION EASEMENT AREA AND ACCESS EASEMENT DESCRIPTION) i Conservation Easement Area 1B E�EING ALL OF 6�nscrvation Easement Area of the Bells Bridge Site over a portion of the lands :'of Janet Vihit.e Lcg�ett and Mary Pat White Brady (PIN No. 4854-00-79-1252) lying and being -�situated,in 90�senea�h Township, Halifax County, North Carolina and particularly described as f6;lowd (all -aistancc� are ground distances unless otherwise noted): Beginning at an...'iroh'-stake -(PQi'nt of Beginning) labeled as Point No. 10 and being the most Northern.,cornq( q-� the Coi�ser,�ation Easement Area and being located South 74*42'16" West 3395.33 feet f4ra'an iron -stake (V�)int No. with N.C. Grid Coordinates N= 850,055.0158' E= 2,457,51 i.76�3'(N_�D. '�3, 2011). Thence from the Pq'l'nt BeginniqWoint No. I O� South 78*03'05" East 145,72'to art iron stake; thence South 70'56�51' East 78.94"to an ir6n �take� thence South 63'36'20" East 97.83'to an iron stake; thence South 8 f 'OU l_"Z , ast.6 L 16' to a ht%�-&f Ttake; thence South 69'1 P36" East 32.50' to an iron stake; thence South 85'00141" East 45.92.' to an irb.n stake; thence South 79'30'46" East 87.75' to an iron stake; thenccTSouth 73?0.0'41."' Eat. 115-27' to an iron stake; thence South 58'27'24" East 55.92'to an irc;4 stake; tgen��-5�outh A+'O�,' East 86,44'to an iron stake; thence South 52'40'16" East 30.35'to ah.ironsitake; tl�enoe Sdatil 65'43V ' 3 " East 131.9 8' to an iron stake; thence South 71'55'11" East 38.8 f'-4o ab iron,itake; th6c�-§�uth 6"5?43'44" East 31.58'to an iron stake; thence South 51'09'39" East 5'1-.36'tdan iron stal�c; SoWi 43'07'39" East 87.08'to an iron -S�)uth 259 T48" East 91.64' to stake; thence South 33*21'09" East 125A.6to an iron �r�14; 1�,;a an iron stake; thence South 371139" Ea sl� 214.67' to an. -iron sta1w; thence South 24'4 1'44 " East 196.34' to an iron stake; thence South 59,',19'5�" Easi 86.79'ito an iron stake; thence South 44'57'06" East 124.23' to an iron stake; thcii��a -Sptfi 35'34'46" East 153.62' to an iron stake; thence South 22'23'43" East 57,29'to an iron stakej thence SoAth 7,2'Tn,5%" West 203.5 I'to a non- monumented corner; thence North 24'38'51 " West - 1%4.911 to-�p6int; thenc�North49'41'07" West 8,97'to a point; thence North 63'26'08" West 40 ' 39't6.a poffit�' thenccN�.rth 2'4'24':M-"% 'West 8.4 1' to a point; thence North 5403 1'57" West 23.13' to a poij�ii th ekice Midi 43'23,'5 1 " West 3.2.09' to a point; thence North 4728'33" West 90.04' to a point; thenoe North 5j'-43'l7.,'LWb�Lt 71.91' to a point; thence North 42'25'30" West 64.95' to a point; thenc6 i Nortti. 42-3.�ab!,' '�I�(52�19' to a point; thence North 20'00'45" West 49,19' to a point; thence North iY,5F58'.`Wcst f24.57' to a point; thence North 35'32'41" West 152,22' to a point; thence No * rth 3SP37'.90" Wesb'k2g' to a point; thence North 04'12'24" West 24.80' to a point; thence Noiih-Oi'40'04" Ea5f'29.1 P to a point; thence North 39'26'28" West 40.71' to a point; thence North 2U .'39'52', vl,&�t 51.111,-t-o. a point; thence North 54'32'15" West 20.48' to a point; thence North 179.59'27" West 2,8.161,to'a point; thence North 68116'24" West 25.64' to a point; thence North 29'3'I'02".,W-_9t-377194' io a".. point; thence North 88'37'07" West 20.13' to a point; thence North 60'38;6.2!',.'-'�rest 50.�Vto a point; thence North 70'19'52" West 30.81' to a point; thence North 63'10'26" A�est 108.66' to a point; thence North 56'39'20" West 12.85' to a point; thence North 47'39'47" W.est �)�,69' to a. point; thence North 77'21'00" West 27.77' to a point; thence North 57'08'49" We31,23.30, toA point; thence North 39'40'18" West 33.58' to a point; thence North 5 9'3 1'49 " West h.5 5' to a 364626%3.TRL.26275.T29701 13 Book:2697 Page:172 Page 16 of 19 Book:2734 Page:72 Page 22 of 25 Page 17.,Of fg. i p 't; th South 80'45'59" West 25.58' to a point; thence North 65'26'25" West 50.24' to a oin en.ce ppint; tliwce North 889826" West 34.1 V to a point; thence North 7717,41" West 31.71' to a point;Ahence North 89'1114" West 31.33' to a point; thence North 71'l T41" West 34.90' to a :,*Point,; thence North 872817" West 30.17' to a point; thence North 709227" West 15.47' to a poifit�,thqcc North 81'45'09" West 60.19' to a point; thence North 66'52'49" West 49.09' to a oint; , jhen�e-North 70'45'51" West 74.14' to a point; thence North 73'52'15" West 49,20' to a poink; thence &orth 78'1110" West 80.00'to rail road track; thence North 01'21'28" West 235�20' to al'i iron stakC,-ft Point ofBeginning (Point No.10), containing approximately 10.55 acres. Conservation Easement Area 2 BPIN(; A , Mi OF Conservation Easement Area ofthe Belts Bridge Site over a portion ofthe lands of 'White Le�getf �_nd Mary Pat White Brady (PIN No. 4854-00-79-1252) lying and being situated -in Ros(liledth Township, Halifax County, North Carolina and particularly described as follows (4. dis ani;cs are ge4apd, �istances unless otherwise noted): .. 1i I' . - %� ill'o : : : . /_ -1 Beginning at an n stal.ic (Point olBeginning) % cled as Point No. 35 and being the most Eastern comer of the Con��ervaiion Easement Area , an. d bt�ing located South 8 1'46'45" East 2038.43 feet from an iron stake (Poii�tto. 82) - Mth N.C. - Qrid Ooordinates N= 850,055.0158' E= 2,457,513.7693' (N� '83,2011). Thence from the Point ofBegi��ng (Point No - , 3 S-), Sou i th 7756'06" West 137.7l'to an iron stake; thence South 01'49'31" East 142.57' to an"ito'n"Makej thencoi South 82'44'19" West 60.68' to an iron stake; thence North 88'3 P41 " %st 40."55 ' to at I - ron �take; thence North 75'07'06" West 38.53' to an iron stake; thence'-Nortli-..66'2236" W�st-.,32SFto..an iron stake; thence North 56'5 V00" West 43.86' to an iron St-Aaj�pfl7cc Nort�'88'1 �34" WVst 167.2 V to an iron stake; thence. South 63' 19'40" West 93,40' to dn iron stalcq;.�I�egee,$�ukjL �2-13'5 1 " West 172.42' to an iron stake; thence North 87'13'52" West 83.56' 6 an iron stake- thence North 81'04'19" West 87.26' to an iron stake; thence North 7�'.10'10 West, 63.63' tb an iron stake; thence North 71'10'10" West43.68'to an iron stake; thenc&,South 7625'51" West 71.04'to an iron stake; thence North 88'18'24" West 293.75' to an iron stakc;-tTkn6c North,'72'58aT West 298.00' to an iron stake; thence North 70'29'42" West 275,58'to ai zon stake;"iheife"eNo'r't'li,52'06'07" West 87.01' to an iron stake; thence North 259828" West 86.66'-to an iron ' -stake; thenceNorth 00'3 8'3 7" East 92,71'to an iron stake; thence North 24'22'17" East 8�:-2 ' O'tQ' fi iron st,40�i thence North%4,720'26" " f 96.48' to: an iron 9takeohen& North East 67.64' to an iron stake; thence North 60058'18" Eas i 23'52'15" East 99. 1 Uto an iron stake; thence North 07163VWest 74.05'to �a-tro;o . �take)thencc North 08'36'05" East 62.68' to an iron stake; thence North 24�20'28"-Fasf*9.09'to amiron stake; thence North 40'41'22" East 73.50'to an iron stake; thence Nor . fia 62-34'0 1 " East 76.87,1 to an iron stake; thence North 81'45'13" East 72.63'to an iron stake; thence'-SQqtJh-'75-,,ft2T' EAt 8 1.06' to an iron stake; thence South 58'25'04" East 504.70' to an iron stake; thetied'South ' East 51.05'to an iron stake; thence South 40'56'40" East 75.82'to an iron stake; thence S"cUth"�V46"16,' East 176.50' to an iron stake; thence South 72'11'37 East 135.12 , to an ii-lon st4�e; ftjim North--.- 86'03'33" East 78.3l'to an iron stake; thence North 65'56'59" East 92.02'tb-�n iYpn`sta6;�nce North 79'1 V5 1 " East 76.88' to an iron stake; thence North 86'02'37" East 60.39' to an iran �take; thence South 85'52'37" East 226.98' to an iron stake; thence South 77'47'14" E.-�st 105-.817'to an.: iron stake; thence South 88'27'07" East44.98'to an iron stake; thence North 67-41104" V_I�st 50.2q.' to an iron stake; thence North 82'43'38" East46.50' to an iron stake; thence South 0'/3,5'33" Eak 281.5 V to an iron stake, the Point of Beginning (Point No.35), containing approximatcly 251.'75 3646269O.M42627S.T29701 14 Book:2697 Page:172 Page 17 of 19 Book:2734 Page:72 Page 23 of 25 Page 1 8-10f fq- J acre AL j6F THE FOR-EGOING CONSERVATION EASEMENT AREAS as shown on plat of survey titled "Conservation Easement for Restoration Systerns, LLC, over a Portion of the Lands of kay-Boyette, P.C, 1, SL. 351 and Janet White Leggett & Mary Pat White Brady, Current Owners per H'Alifax'-County GIS Website (PIN Number 4854-00-79-1252), Bells Bridge, Roseneath _."To��,�ship, Halifax County, North Carolina" dated January 10, 2022, by K2 Design Group, and ree6rded in B65kof Maps 2022, Page 4-S, Halifax County Register of Deeds. JHE FOREG-OUNG �,-ONSERVATf ON EASEMENT AREA I TOGETHER WITH that certain n . qw tWty �3'0) fect-Mde non-exclusive access easement for ingress, egress, and regress labeled as'�Ae�pg� Eascmeht.l,",-as,*�own on the foregoing described plat of survey recorded in Book of Maps 2022, Pagc,"4-:�, Halifax'Gounty Register of Deeds. J J 3646269v3.TRL.262?5.T29701 15 Book:2697 Page:172 Page 18 of 19 Book:2734 Page:72 Page 24 of 25 Page 19.,Of fg. EXHIBIT B DESCRIPTION OF GRANTOR'S LAND OVER WHICH THE PROPERTY (CONSERVATION EASEMENT) IS LOCATED PROPERTY DESCRIPTION (PIN 1000405) All th . at certajh tract or parcel of land lying and being situate in Roseneath Township, Halifazbmu,nty, Nqi�thCoriohR�, more particularly described as follows: BE .. Nl, G PORTION VF THAT TRACT OF LAND known as the "Maniza"Tract, namely, that piaiq o the Wnhca tra4t locawd-outhe northern side of NC State Road No. I 100 (Bells Bridges Road) as s&wn and resi-knated on that certain map or plat entitled, "JAMES A. WHITE'MANIZA ..'.TRA . CT; datexl Aiigusk-J, I O� 1, prepared by Charles H. Hale, Registered ­1 ..' .e Surveyor, recorded 6t3\Page 260, as -an attachreent to the deed recorded in Book 1320, Page 258, Halifax Public Registr�,'-Mefe_paf-ticplarly desc'i:Lh�dusfpllows� BEGINNING at a poin�! m the centorfi�-io- pf NC §tatd..Road No. I 100 (Bells Bridges Road) where said road crosses ibe main j(un'o"fbeep 6rqek, c�orner of land of Mrs. A. M. Perry; thence along the centerline of NO State Road No. I 100 (BcM-Bridges Road) S. 76' W., 5450 feet to the run of Bird Branch, whi6h.' is �he e0tern lind-for G�.rsori 8.0yette property; thence from the centerline of NC State Road No. I I 00'(f3ells B)-idgd I ',Zo4d),and iunning along the run of Bird Branch in a northwesterly direction 2010 fect4o �� ivon �!-,ai� old chopped black gum; -W., 3 35 -feet to an iron, a coiner of thence along the Bryan land and along thebranchN 67". Turner Whitehead Estate; thence along an old.chopped. line and,-hlong the Whitehead line N. 8' 3 01 E., 1699 feet to the comer of a fence and a b�g'�Mpped gurh; tljgwj� continuing along Whitehead and along a fence S. 81' 15'E., 595 feef.to an old i "'stu "'at a ditch; thence along p.ne mp, the ditch and along Whitehead S. 81' 15'E., 884fe6tl:then�e alongthe-run bfabr�nqh 1350 feet more or less to an old chopped gum; thence continuing"alpAg,1he bra.Kel�:,the f,ollo�ving"bourses and distances: N. 57' 30'E., 1062 feet; N. 64' E., 830 feet; N, 85' E., 190 feet; S. `59' E. �-j I 10 feet; S. 34' E., 350 feet to a gum in the branch; thence contin4-ing al'ung 'the A4�8f-6�"ch in a southeasterly direction 3060 feet, more or less, to the main run"of De�p,�7ecke'thenc�6-.along the main run of Deep Creek in a southwesterly direction 175 feet to 1he centerlitw: of SR.1 100, the point of beginning, containing approximately 341 acres. Book:2697 Page:172 Page 19 of 19 Book:2734 Page:72 Page 25 of 25