HomeMy WebLinkAbout20050732 Ver 06_More Info Received_20071206os-o~3av~,
Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467
www.SandEC.com
December 6, 2007
S&EC Project # 5815.W0
DWQ Project # OS-0732, Ver. 6
USAGE Action ID No. 200121252
Division of Water Quality
Attn: Cyndi Karoly/John Dorney
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
Re: Reply to the Division of Water Quality's 11/8/2007 request for additional information
Briar Chapel Subdivision
Chatham County, North Carolina
Dear Ms. Karoly/Mr. Dorney:
This letter is in response to your letter dated November 8, 2007 (copy attached), which requested additional
information for the proposed Briar Chapel Subdivision. The following restates your questions and is then
followed by our response.
Additional Information Requested
1. Verification of Property Ownership or Owner's Approval to Apply
We have been apprised that you are not the current owner of portions of the property involved in
the modifzcation request, which makes commensurate preservation of the aquatic features
questionable. Please not that in accordance with I SA NCAC 2H.0502 (~, an applicant must be
able to cert~ ownership of the property , or authorization to sign on behalf of the owner. Please
provide either a signed authorization letter from the property owner (with their contact
information) to apply on their behalf, or, if you intend to purchase the property, a copy of the title
indicating the property has been transferred to you.
Please find the attached "Agent Authorization" forms that were included with the initial Individual
Permit Application in Apri12005. Additionally, please find copies of the recorded "Declaration of
Covenants and Restrictions -Riparian Areas," which should satisfactorily comply with the
preservation requirement for the currently impacted areas within the Briar Chapel Development.
Please call if you have any questions or require further explanation.
Sincerely,
4~~- , ~
Sean Clark
Attachments: 1) DWQ letter dated November 8, 2007 ~ ~;
2) Agent Authorization Forms ~iR ~,..d
3) Recorded Restrictive Covenants for Briar Chapel Subdivision ~ ;-_
CC: Mr. Eric Kulz (NCDWQ Raleigh Regional Office)
yea:.,°,~1,' kV;'i7t ~ ti~~aL.i Il`
Mr. Monte Matthews (USAGE) ~.n~`.i~ ~ ~,l,t,jF~~`~F,4F BttA,S~CFY
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3817-E L~wndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336)540-8235
~oF wArFRQ
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 8, 2007
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Mitch Barron
Newland Communities
31 Hillsboro Street
Pittsboro, NC 27312
REQUEST FOR MORE INFORMATION
Re: Briar Chapel, Chatham County
DWQ #2005-0732; USACE Action ID. No. 200121252
Dear Mr. Barron:
r ~ __ ----
~~. ~ ~~ _,
~ ~ NOV 14 2001
9y: ~6i16 frr~isuorres,ta! C~rrsr~tanls. PA
The Division of Water Quality (DWQ} is in the process of reviewing your request for an after-the-fact
modification to the 401 Water Quality Certification issued May 9,.2006 for the referenced project. The
DWQ has determined that your application was incomplete and/or provided inaccurate information as
discussed below. The DWQ will require additional information in order to process your application.to
impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. Verification of Property Ownership or Owner's Approval to Apply
We have been apprised that you are not the current owner of portions of the property involved in the
modification request, which makes commensurate preservation of the aquatic features questionable.
Please note that in accordance with 15A NCAC 2H .0502(f}, an applicant must be able to certify
ownership of the property, or`authorization to sign on behalf of the owner. Please provide either a
signed authorization letter from the property owner (with their contact information) to apply on their
behalf, or, if you intend to purchase the property, a copy of the title indicating the property has been
transferred to you.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone (919) 733-1786 / Fax (919) 733-6893
Internet: http://www.ncwaterquality.org
Noe Carolina
~tura!!r~
An Equal Opportunity/Affirmative Action Employer - 50% Recyc]ed/10% Post Consumer Paper
Mitch Barron
Page 2 of 2
November 8, 2007
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this
information to me and to Lauren Witherspoon of the DWQ Raleigh Regional Office.. If you will not be
able to provide the requested information within that timeframe, please provide written confirmation that
you intend to provide the requested information, and include a specific timetable delineating when the
requested materials will be provided. If we do not hear from you in 30 calendar days, we will assume that
you no longer want to pursue this project and we will consider the project as returned.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or
protected buffers. Please be aware that any impacts requested within your application are not authorized (at
this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733-1786 if you have
any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyn i Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/cbk
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Monte Matthews, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ, Raleigh Regional Office
John Holley, DLR Raleigh Regional Office
File Copy
Central Files ,
Sean Clark, Soil and Environmental Consultants
Elaine Chiosso, Haw River Assembly, P.O. Box 187, Bynum, NC 27228
20050732BriarChapel(Chatham)HOLD
Mar 24 05 03:48p Mewland
03/01,/'2005 16:59 FAX
. ,
' yvww.SandfsC.aom
.aGENT A.v'TH,ORIZATIO1rS' FORM
Ali Blanks To Be F7led Yn B~The Current Landownelc
919-545-9250 p.2
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oil ~;, E.n.vironx~n.en.tal Coxisu~.tants,. PA
I10 Raven Rilga Road Rate3g6 North Caolim 27614 phone: (919) 846-5900 Fax: (9l9} 84b-9461
~Nam~ ~ ntN P- ~~ ~~- ~t~t('rti ~~.
Address: (~ c~ 6o~C l~-8 C~ .
7 j rr s t3c~~-o _,~C- 2 7 3 I Z_
PY-ox~e: ~I ~ `'1 . S ~- 5 - q 2 v c7
Project lame/Description: ~~.1~(~-C~~Et- {~ tT"C~ ~1~.~ ~G .
Date: ~,~' '~ ' °~
The Department of the Army
U.S. Army corps oft Engineers, W'ilu-ington District
P.O. Box 1690
'Wilnnington, NC 28402
Attn: v ~
Field OfS.ce: ~ ~ ,.
iZe: Wetlands Related tyonsultinl; and Penrdtting .
To Whom It May Concern:
1, the current fir. owner, hereby designate and authorize Soil & Enrriranmental Consultants, AA to
actin my behalf as aiy agent in tiie processing of permit applications, to fwrnish upon ,request
supplem tal itlforrnation iri support of applications, ebc. from this day forward. The ~~` - -day of
•/~,-c~
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This autlsoriutioa, fc•s liability and professional courtesy reasons; its valid only for
government officials to enter the property when accompanied by 88LEC staff. You should call S&EC
to arrange a site meeting prior tw visiting the site.
Print Property Owner's Name Property Owner's Signature
' cc: Ms. Cyndi Karoly cc: lvfr. Sean Qark
NCDENR - DWQ' Soil do Environmental~t;.oxtsultants, PA
~232~ Czabtree Boulevard
Raleigh, NC 27604 ~ ..
~AAattt OfKce: - C~er~sbnro OgiflS:
23b L.ePtuIIip Coin Suioc C 31i17~ Lawodale DcivG
Goaoad. NC 28023 C,ieee+atwso. NC 27455
Phone: (704) 720.9405 Phone:` (336) 540.8234
Fax: (704) 720-9406 Fax: (336) 540-8235
Mar 24 05 03:48p Newland
03/01/2005 16:58 FA3
919-545-9250 p.3
Suva
Sox1.8~, E.nvironrn.enta~~. Consultants, PA
11010 xLtven Midge Rwd Raleigh, Notts Cavl3aa 27614 Pbo~: (919) 846-5900 Fax: (919) 646-9467
' www.SaudF.C.coa~r
• .4GENT A'TJTHORtZATION' T~SRM
All Blanks To Be Filled In By The C~urrer<t Landowner
•1Varsie; Cameron Properties, Limited Partnership & Five Star Group, LLC
Addl.ess:PO Box 3649
Wilmington, NC_284Q6 ---
Phone: 910-762-2676
Project Name/Description: Briar Chapel, Pittsboro NC
Date: 3 • l'i - ~~ .
'1'lie Department of the Army
U.S. Army Carps of Fatgineers, W':amington District
P.O. Box 1890
Wilmington, NC 28402/
Attn: /~~~f i~ ue~
Field Office: ' ~ le~~ _ .
lZe: Wetlands belated Gortsu•It:in~ and Permitting
To Whom It May Concern:
1, rile current owner, he+teby designate and authoxi~e Soi16t Environmental Consultants, PA to
act in my behalf as lay agezat in the processing of permit applications, to flurnish upon~ ~u~t
supplemental inforznafian iri s1lpQort of applications, etc. broui Ehis day forward, The -~----- da}r of
/~lrc.L.
'his natibcation supersedes any previous correspondence co~ncemutg the agent far this project
NUTICE: This autharizxtioi~ fear liability and professional. courtesy reasons; is vslid only for
government officials to enter thr pmpetty when accan-panied lby Sdt1rC staff. Y u should call SB~C
to arrange a site meeting prior to visiting the site.
Cameron Properties. LP & Five star Gro LLC '~ C
Print Fropezty Owner's Name Property C-wnex's Signature '
' cc: Ms. Cyndi Karoly cc: 1Vlr. Sean Clark
NCDENR - DW Q Soil & Paivironmerttal Consultants, FA
?321 Gcabbree Boulevard
Raleigh, NC 27604 •~
_:.. .. ..
~ ~~el~ca a~
23b Lcpbillip Court, Stisitr C 3817-8 tawtitdalc 1}tive
Ccmcard, NC 2$025 Groeasboty, NC 27455
Phime: (704) 720-9405 Phone:' (336) 540.8234
pax: (7pd) 72o-940fi F~uc~ (336) 540.8235
Mar 24 05 03: 413p Newland
03/01/2005 16:58 FAJL
919-545-9250 p.4
iBJUV~
Soil & E.n.vzrol~x~enta~l
11010 Raven itiige Road Baler, North Cuvi9aa 27614 1
• www SandlBGcoia
Consultants, PA
frame: (919} 846-5900 Fax: (919) 84fi~9467
.!~-GENT AU I'HOk2T2ATION FOTtM
AU Bl,arlks 20 $e Filled In By The Current Landowner
Na7aie: Bruce B: Cameron
Address P~Q, Box 3649
Wilmington, NC 28406
Phone; 910-762-2676 -
Project Name/Description: Briar Chapel , Pittsboro NC -
Date: 3.11 0 5
11ie D aria~ertt of the Arm '`~ ~"•°''~ ~ ~ ~'' ~.+'~~~; ~«`~
Q~~ ~'` a ~ E 3 .. `~ 6~". ~
U.S. Army Coups of 1~rtgineers, ~1i ilmington District {
P.O. Box 1890 ~"t9 ~
Wilmington, NC 26402 y ~~'' = ~, ~ ? ~i ~, ( .
Fiu~1d Office• • '~~''~'~'it'~`~ F~~"v J rry~?~.~,^!9~ ~t ~RAPeCH
Re: Wetlands Related Gonslrlting and Perrxutting
To Whom It May Concern:
1, t#te current o e owner, hereby designate and authorize Soli dL Bnvironnnental Cvz~sultants, PA to
act in my behalf as my agent in the processartig of permit applications, to furnish upon request
suppleu-ent information in support of applications, etc. from this day forward. The /7~ daq of
~~ ~
This notification supersedes any previous correspondence concerning the agent for this project •
NOTJ[CE: This authvrizatian, fac liability and professiomaY courtesy Treasons, is valid only for
goverumeclf officials to enter the progeny when accomgaaied by S~zEC staff. You should call S&EC
to urulge a site ateeting p~dar to visiting the site. •
Bruce B . Cameron ~ ~ ~ ~,,~;,,. ~- ~ %~rcc~~~
Print Property Owner's Name Property Owner's Sig~natur+e •
cc: Ms. Cyndi xaroly cc: Mr: Sear Clark
NCDENR - DWQ• Soil & Environmental Consultants, PA
•2321 Crabtree Boulevard
Raleigh, NC 27'604 ..
('~arlnax offi~~: sa~~ ~~a•
236 I-ePhii'Ilip Covet. Suite C 3817 ~ l.awadale Drivt
Concord, NC 28025 Gmcnebao. KC 27455
Phamc: (704} 720-9405 k1-ome:' (336} 540-8234
Fax: (70¢) 77A-9406 Fax: (336)540-8235
Mar 24 05 03:48p Newland
03f01/2005 18:59 FAlt
919-545-925.0 p.5
~JVVz
Soil 8.r. E.xxvirox><m~x~.ta•1 Coxzsultaxztst PA
11010 Rxvert Ridge Road Raleigh, North Carolina 27614 - 1'hhonc: (919)846-5900 - Fu: (919) 846.9467'
' wwwSsndEC.eom
' ,.GENT AUTHORIZATION FORM
All Blanlas To Be Filled In By The Current Landowner
Name: Betsy McLeod •
Address: 12 2 Ivy Ave . •
• Chesterfield,•SC 29709
Phone 843-623-2564
ProjectlVame/Desaripbion: Briar Chapel, Pittsboro NC
Date: 3 ~2 i~o 7
--~-
Tlie Department of the Army
U.S. Army Carps of Ez~ixteers, Wilmington District
P.O. Box 1890
WilAaixigton, NC 28402
Attn: T~ T~~
Field Office: ° ~~ ~ .
Re: Wetlands Related Coxuulting and Permitting
To Whom It May Concein_
1, the cun:ent roc owner, lleseby designate and authorize Soit do F.nvironbnental Consultants, FA to
act in my behalf as my agent in tr,e processing of permit appl9catians, to furnish upan reques~
sup~~`" `''^al information in support of appiicationS, etc. from this day forward. The ,~~ s day of
This notification supe~r•..oededes any Iarevious correspondence cvnceming the agent for this project.
N03ZCE: This autlwrixation, fat liability and gcofessional courtesy reasons, is valid only for
government ofCic~ials to enter the progeny when accompanied by S&EC staff Yvu shutild call S&EC
to arrange a site meeting prior to visiting the site.
Pfis~ Mc_T.c~c~c3 /~• ~~~
Print Property Owner's Name Property er's Sigrtatwre
• cc: Ms. Cyr-di ICaroly cc: Mr. Sean Clark
NCDE1~iR - DWQ• Soil & Environmental`Consultants, PA
•Z321, Crabtree Boulevard
Raleigh, NC 276D4 ..
236 T.ePhtllip Court, Suite C 3817-E ~.swndaie Durc
Cono~sd, NC 28025 Cxeeasboro. NC 27455
Pbwae: (704) 720.9405 Phase: (336) 540-8234
Fax: (704)720-9406 Faz: (336) 540-6135
12'91 h
0731 ~~ FILED
CHATHAM COUNTY
REBA G. THOMAS
REGISTER OF DEEDS
FILED Oct 16, 2006
AT 01:03:36 pm
BOOK 01291
START PAGE 0731
END PAGE 0750
INSTRUMENT # 13830
Prepared by and after recording return to:
Kilpatrick Stockton LLP (CAB)
3737 Glenwood Ave., ste. 400 BDOK 12 91 PAGE ~ ~ 1
Raleigh, NC 27612
DECLARATION OF COVENANTS AND RESTRICTIONS -RIPARIAN AREAS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Restrictive Covenant"), is made
on this ~L day of October, 2006 by NNP-Briar Chapel, LLC, (the "Declarant");
~ WITNESSETH:
THAT WHEREAS, the Declarant i~~,, the owner of certain property located in Chatham County, North
Carolina, constituting approximately$.1~S~cres, more or less, which is more particularly described on Exhibit
A attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, for the purposes of this Restrictive Covenant, the "Conservation Area" within the Property
shall mean the following wetlands, streams, and riparian buffers:
(a) All perennial and intermittent streams located on the Property;
(b) All wetlands regulated by the Department of the Army ("DOA") as waters of the United States
under the Authority of Section 404 of the Clean Water Act and implementing regulations, as may
be amended from time to time;
(c) The following riparian buffers (cumulatively referred to hereinafter as the "Riparian Bnffers'~:
i. 100-foot buffers on either side of all perennial streams, measured from the top of bank;
ii. 50-foot buffers on either side of all intermittent streams, measured from the top of bank;
ussooo 9sm~~.i
Page 1 of 7
1281 ,a
0732
~oo~ i 2 91_ Pa~~ 7 3 2
iii. 50-foot buffers on either side of all ephemeral streams shown of the Soil Survey maps
and having a drainage area of more than 25 acres, measured from the centerline of the
stream; and
iv. 30-foot buffers on either side of all ephemeral streams shown of the Soil Survey maps
having a drainage area of between 10 and 25 acres, measured from the centerline of the
stream.
Notwithstanding the foregoing, the "Conservation Area" shall not include wetlands, streams, and
riparian areas authorized for impacts in accordance with the following permits issued to the Declarant.: (a)
DOA Permit No. 200121252 dated October 2, 2006, and (b) North Carolina Department of Environment and
Natural Resources, Division of Water Quality ("DWQ") Certification No. 2005-0732 dated May 9, 2006
(collectively, the "Permits").
NOW THEREFORE, the Declarant hereby unconditionally and irrevocably declares that the Property
shall be held and subject to the following restrictions, covenants and conditions, as set out herein, all of which
are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the real property
and to comply with the Permits, to run with the subject real property and to be binding on all parties that have or
shall have any right, title, or interest in said property.
1. Puraoses. The purposes of this Restrictive Covenant are to maintain, restore, enhance, and
create wetland and/or riparian resources in the Conservation Area, as more particularly described below, to
contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat,
wildlife habitat, and recreational opportunities; except as otherwise provided herein, to maintain permanently
the Conservation Area in its natural condition, consistent with these purposes; and to prevent any use of the
Conservation Area that will significantly impair or interfere with these purposes, alI in accordance with the
Permits.
2. Permitted Uses. The Conservation Area shall be owned, exclusively controlled, and maintained
as far as practicable, in its pristine and natural state in perpetuity; provided, however, that notwithstanding
anything to the contrary in this Restrictive Covenant, the following uses shall be permitted in the Conservation
Area to the extent they do not dtrectly impact waters of the United States (the "Permitted Uses"):
(a) Any use of the Conservation Area as expressly permitted in the Permits or as otherwise may be
required by Declarant to comply with the Permits or other regulations or requirements of DOA, DWQ, or
other governmental agencies with jurisdiction over the Conservation Area;
(b) Use of the Riparian Buffers as follows:
• Construction on pilings including without limitation elevated walkways, roads, or utility
lines;
• Water dependent structures;
• Signs, security lights, and flag poles;
uszooa guns i, i
Page 2 of 7
1281 ;~
0733
BOOK ~ 2 91_ PAGE "7 3 3
• Utility lines where no practical alternative exists;
• Passive recreational activities with very low impact walking trails with no impervious
surface that are located at least thirty feet from the edge of the stream;
• Paved trails up to eight feet in width that are located at least fifty feet from the edge of
perennial and intermittent streams, provided that the buffer as a whole is extended a
distance equal to the width of the trail;
• Clearing and re-vegetating the stream buffer for the purposes of improving its pollutant
removal efficiency, provided that no such clearing is allowed within 30 feet of a stream;
• Clearing, grading and filling within the buffer in connection with road construction
provided that affected azeas aze revegetated;
• Removal of invasive species listed by the North Cazolina Botanical Garden; and
• Desirable artificial stream bank or shoreline stabilization, as determined by Chatham
County.
3. Enforcement. This Restrictive Covenant is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army Corps of Engineers,
Wilmington District, and therefore may be enforced by the United States of America and Declazant. The
covenants and restrictions contained in this Restrictive Covenant shall be perpetual, shall run with the land, and
shall be binding on Declarant and its successors and assigns.
4. Restrictions on Use. Except as expressly reserved as a Permitted Use in this Restrictive
Covenant, the Conservation Area shall be maintained in its natural, scenic, wooded and open condition and
restricted from any development or use that would impair or interfere with the purposes of the Conservation
Area. The following uses are prohibited, restricted, or reserved as indicated:
(a) Prohibited Uses. Except for the Permitted Uses, all industrial, residential, and commercial
activities aze prohibited in the Conservation Area.
(b) Agricultural, Timber Harvesting, Crrazins and Horticultural Use. Agricultural, timber
harvesting, grazing, horticultural, and animal husbandry uses of the Conservation Area, including the use of
the Conservation Area for cropland, waste lagoons, or pastureland, are prohibited.
(c) Construction. Except for the Permitted Uses, there shall be no roads, buildings, signs, building,
facility, mobile home, or other structure constructed or placed in the Conservation Area for occupancy by
humans or for storage of equipment or materials not directly related to the operation and maintenance of the
Conservation Area for the Permitted Uses.
usxooo nxnei. i
Page 3 of 7
191 ,~
0734
800K 12 9 ~ PAGE 7 3 4
(d) Dumoing. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances,
machinery, or other material in the Conservation Area is prohibited.
(e) Grading. Mineral Use, Excavation, Dredging. Except for the Permitted Uses, there shall be (i)
no grading, filling, excavation, dredging, mining, or drilling for mineral resources on the Conservation
Area; (ii) no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials from the Conservation
Area; and (iii) no change in the topography of the land in any manner except as necessary for the purpose
of combating erosion or incidental to any conservation management activities consistent with the purposes
of the Conservation Area.
(f) Streams. Wetlands, Water Quality. and Drainage Patterns. There shall be (i) no pollution or
alteration of water bodies; (ii) no activities that would be detrimental to water quality or that would alter
natural water levels, drainage, sedimentation, and/or flow in or over the Conservation Area or into any
surface waters, or cause soil degradation or erosion; (iii) no diking, draining, dredging, channeling, filling,
leveling, pumping, impounding, or related activities; and (iv) no 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
outside of the Conservation Area by any means, removal of wetlands, polluting or dischazging. into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited, except activities to restore or
enhance natural hydrology or manage stormwater as permitted by state or any other appropriate authorities.
(g) Disturbance of Vegetation and Natural Features. Except for the Permitted Uses, there shall be no
cutting, removal, mowing, harming, or destruction of any vegetation in the Conservation Area or
disturbance of other natural features in the Conservation Area except for selective cutting and prescribed
burning or clearing of vegetation and the application of approved pesticides for fire containment and
protection, disease control, restoration of hydrology, wetlands enhancement and/or control of non-native
plants.
5. Additional Rights of Declarant. Declarant shall have the right to undertake or continue the
Permitted Uses on the Conservation Area. No provision of this Restrictive Covenant shall be construed to
impair the ability of Declarant to sell the Conservation Area or Property subject to this Restrictive Covenant or
to use the Conservation Area or Property for collateral for borrowing purposes, provided that any mortgage or
lien arising from such loan shall be subordinated to this Restrictive Covenant. Any deed to secure debt, deed of
trust, or mortgage affecting any portion of the Conservation Area or Property shall at all times be subject and
subordinate to the terms of this Restrictive Covenant, and any party foreclosing any such deed to secure debt,
deed of trust, or mortgage, or acquiring title by deed in lieu of foreclosure, shall acquire title subject to all of the
restrictions and covenants of this Restrictive Covenant.
6. Transfer of Conservation Area and Property. Nothing in this Restrictive Covenant shall
preclude Declazant from imposing additional easements on the Conservation Area or Property or conveying any
interest in the Conservation Area to a donee eligible to hold property for conservation purposes within the
meaning of Section 170(h)(3) of the Internal Revenue Code and the regulations promulgated thereunder.
7. Amendment. This Restrictive Covenant may be amended, modified, or terminated by Declazant
or its successors or assigns only with the written consent of DOA and DWQ.
U5209097277d 1.1
Page 4 of 7
1291 . i
0735
BOOK 12 91 PAGE 7 3 5
8. Interpretation. This Restrictive Covenant shall be construed and interpreted under the laws of
the State of North Carolina. Any ambiguities herein shall be resolved so as to give maximum effect to the
conservation purposes of this Restrictive Covenant.
9. Termination. If it is determined that conditions on or surrounding the Conservation Area have
changed to such an extent that it becomes impossible to fulfill the purposes set forth in this Restrictive
Covenant, a court with jurisdiction may, at the joint request of Declazant, DOA, and DWQ (or their respective
successors and assigns) terminate the covenants and restrictions in this Restrictive Covenant. If a condemnation
of a part of the Conservation Area or of the entire Conservation Area by a public authority or other authorized
entity renders it impossible to fulfill any of these purposes, the covenants and restrictions in this Restrictive
Covenant may be terminated through such condemnation proceedings.
10. Severability. If any covenant or restriction of this Restrictive Covenant is found to be invalid,
the remaining provisions of this Restrictive Covenant, and the application of such provision to persons or
circumstances other than those as to which it is found to be invalid, shall not be affected thereby.
[Remainder of Page Intentionally Left Blank. Signature/Notary Page Follows]
U57000 9577]81. I
Page 5 of 7
1291 ,,
0736
BOOK ~ 2 91_ PAGE "~ 3 6
IN WITNESS WHEREOF, the undersigned has executed the foregoing instrument the day and year first
above written.
Declarant:
NNP-Bri Cha el, L]
By:
Its:_~~Src'. J.
STATE OF /Vault, Ci~dat~i-w
COUNTY OF ~wlnas.,
I, the undersigned, a Notary Public of the County and State aforesaid, certify that the following person(s)
personally appeared before me this day, and
® I have personal knowledge of the identity of the principal(s)
^ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
^ A credible witness has sworn to the identity of the principal(s);
each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated: N1~~cf., i'i.~~.+^
Date ~ (1~Gi2 ,,tL~\ ~,~
~p~~lA~ Notary Public
(print name)
(official seal) My commission expires:~l~2dlo
~o~,y
~ K~
usioooasznei.i
Page 6 of 7
1291 :' ....
o7s~ BOOK ~ 2 91_ PAGE '~ 3 7
Exhibit A
[Legal Description or Survey of Property Owned by NNP-Briar Chapel, LLC within the Proposed Briar Chapel
' Development]
U5300095YAt1.I
Page 7 of 7
X91
7ss BOOK 12 9 i PAGE '7 3 8
Exhibit A
Lyiaq and Laing situate is Chatham County, North Carolina, sad being sore
pastianlarly deeazibed u tollovs:
Cameron azopertiee at al Tract
Tract 1~
Being that 278.92 cares, more or lean, parcel o! land located and aitwte
is Baldwin Towaabip, Chatham Coaaty, North Carolina, being a portion o!
the lead ooavayed to Cameron psopertiee, Limited partaerahip, Daniel D.
Cameron, Jr., and 3Yva Star 6raap, L.L.C. is Deed Book 833, Page 7S2, cad
being shown u "TSao! )1' oa ^ sabdivieioa plat entitled Briar Chapel -
I4p 8, property oL Camasoa Properties, LSmited partnership, Daniel D.
Camesoa, Jr., cad TSve Htar group, L.L.C.' prepared by She Joha R.
lsesdauu Caopany, iaa., dated Jnae 17, 2005, cad lot revised Daly 22,
2005 cad reoorded is plat Slide 2005, paq~ 262, Chatham County Registry.
eargsas Traat-
That certain treat o! land lying in Baldwin Tornehip, Chatham County,
North Carolina cad being sore partiaalarly desoribed u lollowa:
Cammeaaing at an ezistiaq nail at the centerline iatsraeatian o! ~adrewe
Store Road (elate Road 1528) cad larker Herndon Road (State Read 1546)t
thecae alenq the aentasliae o! Paid 3adrews Store Road North S2.33~54"
Meet 21.62 feet to the Bonthera corner o! Baadza Tripp (Dead Book 880,
page 439)- thence oontiauiaq along the aenterl3cs o! 1lndrsw store Road
North S2.33~54" rut 356.52 lest to a point- Chpae North 52'55.03" Neat
193.77 feet t0 a poict- thecae Hortb S4.00~30^ rest 67.90 !pt LO the
point o! BHOIHMIHO- thecae aoatiaaiag along cad with the aeaterltse o!
lladrews Store Road North 54.0030" rest 51.73 lsat- thecoe along the era
o! a simple ourve to the left Laving a radiw o! 1,390.00 lest, a length
o! 545.04 feet cad a chord o! Hosth i4.49~46^ teat 521.93 lest to a
railroad spike at the soatheaat corner o! 8lendale x. Carpenter (plat
811da 95, page 177)- thamae laaviag the aentarline o! )lndrwa Blots Road
sad following the eastern line o! acid Cazpeatar North 00.16.41" rest
31.01 lent to an iron pipe is the northern right o! vay lice o! 1ladzers
store Roadr thecoe North 00.26'41" rut 178.21 feet to as iron pips-
thence North 00.2641" 36.56 feet to as Sron pipe- theaos North 79.4828•
rest 208.86 lest to an iron pipe oa the eastern line of H. rewtoa
Carpenter (Deed nook 513, Paps 864)- thence along the eutera lice o!
acid H. rewtoa Carpenter North 00.27~l1" rut 320.88 !ut (passing an
iron pipe at 146.08 last) to a rabas at the southern ooswr o! John
8turdivaat (Deed Rook {13, page ?053- thanes along the line o! said
etuzdivaat North 41.4711" Bast 186.98 feet to a point- thence North
29.1248^ last {93.37 lest to a new iron pipe oa the santbsrn Iiae o!
Braoe B. Cameron (Deed Book 873, page 754)- theaoe along said lice of
Cameron 8oath 89•{809" But 2,141.72 feet to • point- thecae Booth
72.21'19" East 394.38 feet to a point- theaaa 8anth 48.35'15• Haat 70.65
leer to an iraa pipet theaos South 5S•47~38" Hut 154.48 leer to an iron
pipet thenoe Booth 77.14'49" Heat 151.80 Peet to as iraa pipe- tbenae
south 72•D0~11• Haat 97.2{ !at to as iron pipe- thanoe North BO.43~S6"
East 97.47 feet to an iron pipe- thecae South 87.38.21" Hast 148.09 leer
to as iraa pipe on the wstssa line oL Haaay L. Moore (Deed Book 602,
page 10T)r thecae with said Siaa o! Poore 8oath 04.38'11^ teat 787.66
feet to as iron pipe oa the watesn 11ne o! gamily r~ilaus cad lteoowry
8ervioee o! H.C., iao. (Deed Hook 776, page 583) cad being the
aortheuteza aoraar o! C.L. a Thaw Durban (Deed Hook 295, page 283)_-
thecae Boutb 89.46{5" pest 1,266.10 leer to a new iron pipe at the
291
BOQK 12 91_ PAGE 7 3 9
aorthaast corner o! Jeaa C. ?Tipp, et a1. (Deed Haolc 512, Page 912))
thenoe with the northern lice of said Tripp Bonth 89.1645° Neat 269.69
lest to an axler theme 8onth O1.37~07".asst 313.87 leee to a srtai blade
at the base o! a 48 inch oaks thecae Forth 89.58.08" Nest 381.98 leer to
an iron piper thecw North 89.57.07" Nest 121.90 ices to the northeastern
corner o! Sandra 'tripe (Deed Hook 880, Page 419)r theaoe aioag aorthsrn
lice o! said eaffira Tripp Eozth 89.57.07• Neat 677.79 last (passing as
iron pips at 18.14 lent) to an iraa pipe oa the northern right-ol-ray o!
the alorameationsd Andrews Store Roads thence aoatiauiag along said lice
Norsk 89.57.07" 7test 51.31 Leet to ehe pout cad place of HMiDOTIDtti,
ooataiaiag 91.17 cores, sore or lus, or shorn by the plat o[ survey
prepared bP The John R. Nafdssu CospanY. ino. dated Nay 9, 1001 cad
entitled, "Friar Chapel - Psoperty o! Them T. sasgess,° to which plat
zelsrenoe is hereby lade !or a note partioular description.
Clark Tr:ctr
That certain tract of land lying is Baldwin Toraship, Chathao County,
North Carolina cad being sots particularly deaazibed as Lollorar
EEIaO all o! Lot 2 as shorn br the plat o! survey entitled, "BRIAR CEAPEL
- NAP 4, "' psepazsd by 'the John H. NCAdass Cosipany, Inc. and o! reeosd at
Plat Slide 1002-368, Chatham Ceuaty Registry, to which plat relarenoe is
hereby Dade !az a sore partianlar desoriptiom.
Tripp Treats
That certain treat o! load lying in aaldria Township, Chathas County,
Forth Carolina cad being sore pastianlsrly described as Lollows~
Casmeaoiag at as esisting nail at ChB oeaterliw iaterseation oL Andsexs
Store Road (State Road iS1i, a 60 loot public right o! wap) cad Parker
Earndon Road (State Road 1596, a 60 loot public right o! way) thecoe
aioag the ceatsrlias o! said Andrews Store Road north S1.33'S4" Nest
11.61 lest to the southern cornea o! Sandra Tripp, recorded is Dsad Sook
880, Page 419, said being the PO371T OP SE(iI1asllpr thence leaving
oeaterlias o! Andrews 8tere Road end Lollorlag the eastern line o! said
Sandra Tripp North 31.11.50" salt 30.11 lest to as iraa oa the northern
rigbt o! way et Andrnro Stose swadr th~aae aontinae along paid lice north
31.1150" Rant 411.19 teat to en iron oa the southern lice o! Theo T.
Sargess, recorded is Deed Hoek 411, Page 3931 thence along the said line
of Burgese South 69°S7.07" East 111.90 toot to as irear thecae South
89.5808" East 382.98 lees to a setal blade at the base aL a 48 inch oakr
thence Forth 01.37.07" Nest 313.87 [at to an axler thence north
89.16.45" East 169.69 leer to a new iron at the northwest corner Of C. L.
F Thamtae Durhm, recorded is Deed Hook 195, Pages 183r thence 8onth
01.07.06• East 1,211.50 lees to a point on the northern right o! way lice
oL Andrews Store Roadr thence aaatiaae along said lice arouing Andrews
Store Road South 01.07.06" oast 64.33 LNt to a point oa the seuthern
right of way line o! Aadraws Store Roads thecoe eoatinne along said line
South 01.07.06° East 768.96 lest to as ison- thence lolloviag leaoe cad
pastnr~ lies Boeth 00.31.08" East 804.26 lest to a pointt thence South
66.1254" Neat 8.08 lest to a new lice at a northeasterly corner o! Nilla
D. laarriagtoa, recorded in Dead Eook 649, ?age 159r thence aioag
aortharly iiae o! said Pearrington north 57.00.18" Nast 349.66 Last to a
48 inch double poplar tree, the northeastern corner o! Q. H. Parker, as
shown am Plat Blide 89, Page 355r thecae North 89.01.05" Net 1,864.64
lent to an iron at the northeastern corner o! Reba D. eallivaa, as shown
291
X740
BOOK 12 91_ PAGE ~ 4 U
oa Plat elide 33, Page 98s thecae rnaniaq Borth 00.58'SS• East 39.72 last
to a carpeted points thsaoe North 81.57'32" stare 331.18 last to a
oomputad points thecae earth 35.17.07• Mast 25.92 fMt to a computed
pout is the eutera bonadary o! the right of ray o! Parker 8eradoa Roads
thecae rnaniaq aloaq and ritb the southora boaadary of the right of rap
o! Parker Herndon Road the lolioriaq silt oovress and diataaoass (i)
oonateroloakrise along ehs era of a circle having a radius o! 2,510.00
fast cad a chord besriag o! North 45.09'35• East a distaaoa of 261.50
lasts (11) xorth {2°09'30" East 462.56 Leets (iii) xorth 42.21'1B* East
119.10 teats (iv) comtszolockriae aloaq the arc of s circle haviaq a
radius of 1,959.35 Pest and a chord baasiaq o! xozth 38.47'45• East a
distaaca of 2{3.19 !eats (v) xorth 3S•14'll" East 110.19 !sett cad (vi)
xosth 34.25'SO• East 9B.0{ !sett thecae leaving the sonthera boundary of
the right o! ray o! Parker Hsradoa Road cad arossiag said Parker Haradon
Road raaainq xorth 66•{2'56" Nest 7{5.66 Laet to a ssbas is the strata
lies o! the pared nor or loraeriy bslongiag Ee Jesais P. Parker (D~ed
Book J-N, Page 5?6)s thecae smsaiaq North 01.12'1S^ rest 259.!2 lest to a
rsbaz at tlu southeast comer of the pesos! sur or foraarly belonging to
Carey a, cad Jsaailer x. Carpsatsr (Dead Hook 595, Pagr 232)s thecae
zttaaiag xorth 00.29'06• !fast 670.97 !at to a mbar at the southeast
aozaer o! the parcel nox or formerly beloagiag to Robert G1. Niadsor, Jr.
(Dead book 534, Page 522)s theses rnaalag South 89.57'07` East 166.01
Lrat to as iron is the sonthera bomdasy o! the sight of rsy of Mdrees
8tozs Roads thaaos zunniaq Borth 89•S7'07• East 53.11 lest to a oampnted
point is the oantarliae o! said ~ndrers store Roads thecae rnnniag alaaq
cad rich the ceatrrlias of 2,adrsrs store Road the loiloriaq three courses
cad distancrss (i) Borth 54.00'30• Rest 67.90 fNts (i1) 8onth 52.55'03•
East 193.77 !eats and (iii) eaath 52.33'S4• Esst 356.52 lest to the pleas
end point o! SEAI1Rflx3 and being all of that 130.08 acre, more or fret
parcel, sheen as the pzoprrry o! Jsaa C. Tripp, et a1. by the plat o!
survey eatitied `Briar-Chapel-Jaen C. Tripp, et al. Pzapssry• prepared by
The John R. r^aa`-- Coapaay, Ina. cad dated hpril 17, 2002, to t-hich plat
rslereaoe is hereby ands !or a more partiouiar dssariptioa.
Crutchfield Tract:
hLL o! Treat 1, Containlag 2.80 aasu, aaoordiaq to a plat eatitisd
`Briar Chapel-Nap 1 eubdivisioa of Nillla s-aroa Csatohiiald" prepared by
John R. Nelldamr Camptay, Imo. dated Dacrabrr 18, 2001 cad recorded is
Plat 811de 2001-494, Chatham County Registry, to rhiah ssErzraor is
hereby made !or a more partianitr desoriptioa.
Dollar Tract - Parari 1:
Being a12 of xEN Lot 2, aoatainiaq 4.21 carer, more er less, as shorn oa
a cap cad anrvey prepassd by the John R. Na)ldams Caaspaay, Inc.. daiad
itarah 19, 2003, cad rntitlad `briar Chapel-Nap 7, Subdivirioa of I.C.
Dollar Property" sad recerded oa Piat Blida 2003, Pagr 111, Chatham
Cowry Registry, to ehich referraas is cede ios a moss partianlar
dssoriptioa o! same.
Taylor tracts
Hriag ali of Net Parcel 1 sa sham oa plat. of survey satitied `Briar
Chapri-Nap 3, enbdlvisioa o! Taylor Heirs Property' prepared by lcwia B.
eanaoa, P.L.B. and recorded in Plat Book 2002, Paps 250, Chatham County
Registry, to rhioh rolereaoe 1r arde !or a more particular desariptioa of
sane,
x'91
741
BQOI( ~. 2 9 ~ PQG~ '~ 41
Dollar Treat - Parael 2e
Be3aq ail o! Harr Lot 3, aoatainiag 5.79 oases, more or lees, as shoves oa
a sap and anrvey prepared by !ha John E. Itol-dame Company, Iao., dated
!larch 19, 2003, and entitled ^Briar Chapel-l(ay 7, 8ttbdlvisioa o! I.C.
Dollar Pzoyerty' sad raoordad oa Plat 811de 1003. Pegs 111, Chathaa
County AegistrY, to rhioh referetue ie modes for a more portionless
desoriytioa a! ease.
Dollar Tsaat - Parcel 3t
Being ali of Lot 4, coniaiaiaq 6.90 acres as shores oa the plat reeordad
oa Plat BliM 1003, Page 111, Chathas Coaaty 7tagistry, to rhloh relerenw
to made !or amore psrticnlar desariptioa o! ease.
Percy Pearrington Traott
That ceztaia tsaat of Iand lying is 8sldria Township, Chathaa Comity,
Forth Carolina sad being sore putioululy desaribad as lollovst
BEai8lfI11a at as iron stake located Booth 00.16~17^ Saet 67.91 lest tzos
Che southwest across o! the puce! shoves ae Treat 1 by the ylat o! survey
o! record at Blest 811ds 1002, Page iB3, Chatham Cwmty Eegiatsy and
rgaaittg theaw 8onth 00.16'17" Bast 39.08 seer to en iron stake) thence
sunainq Booth 00.14'12' East 11.38 fat to en iron stake) theaw reaaiaq
Heath 87•i1~{~^ Nsse 1066.43 fe.e to an iron etakat theme rmialtJg North
05.1318• ihet 61.38 lent to as iron stoker thatue ruoniag Borth
87.11{3• East 1071.92 fast to the PL8C8 ]1~ POTR Or HEOIPHIEO tad being
all 0! that pastel shoves n Aecombinatian drw (to b• zaoosbiaed lrom
Passel 2 into Parosl 1) ooataining 1.505 oases more or lase all as shorn
by the ylat o! aurvay entitled •eriu Chapei Property o! anae Taylor
Heirs Proposed Eeaambiaatioa Tsaat' prepared by the Joba S. ~IOAdYIe
Company, Ina. end of rsaord at Plat Hilda 1003, Page 318, Chatham County
Yaglstry to which ylat ralerence is hereby lade !or a sore partiaulu
deaoziptioa o! same.
Crisp Traott
8eiag those paraals o! lead located is 8alth+ia sad rilliass Sornehips,
Chatham Connty, Forth Carolina ahetm ae Tracts 1-i oa a survey eatitlad
^PZOparty oC Prad E Batty Czisy - ABCM/AL?]~ Load Title Ousvay " perlosmad
by The John !. uoadaas Company, Iaa., last revised oa January 16, 100{
having a total set area o! 103.83 acres and being morn paztiaularly
daearibed as iollavs:
Tract 1:
eegiaaiag at the ^outherasoet corner o! that wrtaia pastes nor or
lorarly oraed by Chathas County, recorded in Daed Hook 860, Page 6691
said pout being on the ai.etinq wstsra right of wy of D.B. 8ig}way 15-
501 (100 loot public right of ray)) thence along said right of ray of 15-
601 along the ores of a anrva to the right having a radius of 921.70 leer,
an aso langt:h o! 317.63 !Nt and a sherd o! 8onth 50.48.51• rant 318.08
feet) thenea along the era e! a enrw to the right having a radius o!
1390.00 last, a length of 207.!6 Eeet and a chord of 8alith 68.56'22" 1Paet
10?.77 lest) thenaa Booth 69.1332' !lest 587.42 !earl thenaR along the
arc o! carve to the !alt having a radios of 1086.85 teat, a length of
91
42
9QQK 12 9.1_ PAGE "7 4 2
264.91 !Nt an{1 a chord o! South 61.58.24" NNt 264.20 laetl theme Ilorth
78.34•S4' NNt 57.79 !Nt to a point Da the Netera right o! way o!
Taylor Road (State Road 1549, a [0' pebiia right o! wy)i thaace aioag
said sight o! ray o! Taylor Road Xosth 31.Oi~17" NNt 299.22 leetl Chsaae
along the arc o! a curve to the left having a radiw o! 1224.63 lNt, a
ieagth o! {55.38 !Nt and a chord o! Xwth 41.40.37" Heat 452.76 fNtt
thecae Xorth 52.19'46 Nut 3?3.53 leetl thecae along the era o! Queue to
the right having a sadiw o! 970.00 lent, a ieagth o! 71.32 lest and
chord o! Xorth 50.13.23" Neat 71.31 lent to the southwst ooraes o! that
oertaia parcel nor or !os'erly ewaed by Janes Yaarriagton, rsaordad is
Deed Book 276, Page 4891 thence eoath 89.5917• stet 332.88 teat to a
point at the eouthweat corner o! Herndon Noode Subdivision, recorded in
Plat Hook 93, Papa 1971 'thence South 89.5437" East 977.49 !Nt to the
sonthwat aornar o! that aastaia paroa! Root or lossissly o+med by CP4L,
recorded is Deed Book 455, Page 6061 thecae Xorth 87.56.17" Xaat 483.61
!Nt to the aarthraet ooraer o! the alore:entioaed Chathaal Coaaty parcel
(1fC68 X719 83 E.751,831.56', 8^1,974,382.11')r thecae ,oath 19.37'S3" Neat
169.89 leetl thence 8onth 71.1844" East 360.08 lest to tLs POIIIT OP
BEOIXDIxXG; aoatsiaiag 23. i8 Rotes, sore or 1ssr.
Treat 2/
Beginning at a paint on the szietiag eastern right o! ray o! II.B. Eighray
15-SD1, acid point being oa the net westesa right o! way o! Taylor Road
sxtansioa, shorn oa X.C.D.O.T. Project plea 8.1520104 R-942 8 cad being
Routh OS•38.37~ Nast 103.89 !Nt lraa a aer iron pipe at the iatereeation
o! the existing rsatesa right o! ray of II.B. Eighway 15-SD1 sad the
ezistiag eastern right o! ray of Taylor Road1 thence lellariag the acid
new reetera right o! way oL Taylor Road Extewioa South 31'03'43" East
401.94 PNt to a point oa the new wrstera sight of way 11ae o! V.B.
highray SS-5011 thecae sioag said right o! wry oL II.B. Eighray 15-501
8oatb 49.00'4S~ Neat 51.15 lNti thecae South 65.30.31' Net 168.63 lNt/
theaoe 8oath 58'59.21" NNt 113.17 lest! thecae aiaeq the ass e! anrve to
the left Laving a radius o! 2001.31 lNt, a length o! 775.63 !Nt and a
chord o! South 61.32.48" Nest 770.78 feet/ thence Forth 49.33'11" Nest
34.06 feet to the existing eaatszn right o! way line o! II.e. Highray 15-
5011 thaaas lolloriag the said existing eastern right o! way iia~ o! II.B.
Eighray 15-501 Xorth 32.43.19" Rut 985.01 lNt1 thecae along the aro o!
ourve to the right having a radius of 825.00 tact, a length o! 137.89
!Nt cad a chord o! Xorth 37°27.49' East 137.73 leetl thence Xorth
78.OB'27~ Bast 78.91 feet tO the POIIMl OP 8B6IXXIXO, aoataiaing 5.41
notes, sore or ices.
Treat 31
eegiaaing at a poise oa the car wtera right o! ray o! II.B. 8ighray 15-
501, shorn oa B.C.D.O.T. Prejset Flaa 8.1520104 R-941 E, said point being
on the routhera sight o! way o! Jaak eaanett Road? thence along the said
right o! ray o! Jaak eeaaett Road Booth 84.34.31 Ewt 13.21 lNt1 theaoe
igviag said rfghC o! way cad lollowiag the wetern lice o! that certain
pasosl Row or loraerly aeaed by Jiaay Robexteon, recorded is Dead Book
=ti, Page 573 South C1.51~ZD" Nett 89T.D0 feed thecae South 33.26'42"
Meet 907.11 lest to the northerly oosaer o! Fearriagtoa eeotioa xx,
recorded is Flat Book 13, Page 951 thwaa South 37.2543" Nest 517.88
iNt to the aoztharly aorasr o! Fearriagton Seatioa Z, reaordad is Plat
Book 17, Pags 711 thecae Booth 27.51.39" Nest 990.13 teen thecae Booth
58.18.06" Est 1,108.08 feat to a poiaC at the eoathwt aornsr of that
certain parcel Row or lormsxly owned by Steve 3.lioad, raaorded is Deed
X91
743
BOQK 12 91 PAGE 7 4 3
Hook 396, page 3l6t thecae Borth 03.59'41* MNt 129.00 iutt thsnae !forth
08.59.41• rest 175.00 !Net theaa~ North 15.59'41" rest 150.00 !nett
thaaaa Borth 13.59'!1" 1Wt SO.B! !Nt to a point on the alarameationed
aer eastern right o! ray at II.B. 8ighray 25-SOit thence Bosth 14.06.16"
Bast 116.07 tuft thence Eosth 59.32.28" East BO.S4 Putt thence Borth
16.06'00' Eat 322.!8 teen thsnoe along the sac o! a curve to the right
having a radius o! 3690.94 lNt, a length of 348.84 LNt cad a chord o!
Bozth 30.04.07•' But 348.71 iutt thence north 43.34'13'• Bart 116.86
!sett thecae ]forth 15.18.31' Fart 55.93 tort theaos alaag the aro a! a
ourw to the right having a sadlw o! i,a37.2T lent, en arc length o!
832.36 !Nt cad a chord o! Borth !9.40•i4" Bart 825.26 lNtt thence Borth
84•DO'S9^ Eat 145.67 lust thence Borth 54.40'14• Hart 259.14 trett
thecae xorth 64.37'50" Hart 204.3E lNtt thenoe along the ass of a curve
to the left having a radius of 2,OD1.31 tNt, an aro length o! 238.59
lees cad a chord o! North 59.14'03' Bart 138.45 Lsett thence along CLe
arc o! a curve to the left having a radius o! 2,001.31 tact, an arc
length o! 280.10 !Nt cad a chord o! Borth 51.46.33" East 279.87 !sett
thanes North 77.11.26" Bast 121.43 !sett thecae !forth 43.41.41" cart
212.00 INtt thecae Borth 04.OS~56" Eaat 125.06 !sett thence along the
aro o! a curve to the ielt Laving a radiw of 2,001.31 lest, as aro
length o! 821.05 last cad a chord o! Bosth 24.17'38• Bart 615.30 !sett
thaaae North 32.01.14" Fart 200.09 tact to the FOIxT Ot BEOIHBiHfi,
aaataiaiag 64.69 acres, more or lue.
Traata !, 5 i 6:
eegiaaiag at a point on the esirtiag autera sight o! ray lice o! It.B.
6lyhr;y ZS-501, raid point being South 51.Oft'34•' Bart 100.06 !Nt lzom a
point om the Nirtiag wrtera siBLt o! vay line of 4.8. 81BhraY iS-501,
raid polar being the Cooeai eastern corner o! that certain paroei cow or
fosaisrly oraed by Chatham CouatY, reeosded is Deed Hook 460, Page 669.
and that certain paraei nor or lotaeriy osasd by Fred cad Betty Crisp,
recorded in Deed Book 758, Page 77t thecae 3lorth 67°36.52" Bast 50.01
feet to a point oa the car wartara right o! wy iiae o! D.B. 8ighray 1S-
501, shorn Oa B.C.D.O.T. Dreject Ylaa 8.1510104 H-912 H, thence with acid
aer waters right o! ray iiae o! II.B. Highway LS-591 along the arc o! a
curve to the right having a radiw of 1830.70 lees, a length o! 359.68
feet cad a ohord o! Booth 25.01.41" Meat 359.30 tsett thecae Honth
39•!6.1!' x~rt 26.50 !ut to a oamaoa corner o! ?rant 5 cad Tract 6t
thence ooatinuing clang raid sight o! ray Booth 39.46.14' xert 284.94
lNtt thence South 20.55.0!' N~rt 83.29 teett thecae eoutlt 51.41'33' Mast
250.50 teen thecae Booth 59.04.34' Nest 465.73 ieett Chance Booth
69°58.26' Meet 25.17 lest to a oomaon corner o! Tract !cad Treat Si
thracs South 69.58.26• Mot 75.09 feat to a point oa the aer eastern
right of way lice of Taylor Eosd 8tctewion, shown on the above z~terenced
B.C.D.O.T. IIrojaat Plan, thwce toilawiag the aer aasWrn sight o! ray of
Taylor Road Bsteasioa Borth 37.29'01 Meat 69.03 [nett thecae Borth
31.03.45- xre 21e.22 legit to a gammon ceraer o! Tract 4 and Treat St
thecae Borth 31.03.45" rest 106.8! lutt thence north 13.37.02 East
102.97 !Nt to :point Oa the ezirtlag eastern right of May 1ia~ o! fl.B.
Highway 15-50it theaaa tollawing said eastern right of way lice o! D.H.
8ighwy iS-501 along the era e! a curve to the right having a radina o1
916.15 lui, a length o! 197.94 !Nt cad a obord o! Borth 63.1!'05• scat
197.58 fact theau Borth 69.13.32" Fart 587.42 tests themes along the
arc of carve to the Seit having a rsdiw o! 1490.00 feet, a length of
222.92 tut cad a chord o! North 6!•56.22 East 221.72 tuft thence along
the azo of aurv~ to the loll having a rsdiw of 1021.70 feet, a length of
73.62 leer and a chord o! Borth 58.35.21 East 73.61 feet to a aomwa
44
eooK 12 91 PA~~ 7 4 4
aM-•~ o! Treat S cad Traot 6J thsaw along the aro o! a ourve to the
islt having a radio. o! 1021.70 lest, a length o! 283.04 feet and a chord
o! North {8.36.59• sot 281.15 lest to the YOIIAT O1 BEa17pflsfl, aentaiaiag
10.55 eases, more or is^e.
ezuaw Caaeroa Tracts
Treat is
BEgiLOilNfl st as iron rhlah iron is the northrset aosasr o! the yeses! nor
oz foraeriy Dread by John Hay+rood (Deed !Dols {54, Page 332) cad thecae
running South 00.33'OD" Bea! 295.38 feet to an iron) thsaw sunning South
00.32'23^ Snot 124.03 lest to as iroa~ thecae sinning Routh 00.42'46"
East 36{.93 lest to as iron) thence raaniag alamg sad rich the southsra
boundary e! the pssael nor or fozmarly Dread by James EigsbN (Dyed Book
596, cage 22) Routh 68.33'39• seat 1181.42 !Nt to as iroat thecae Routh
10'S6'OT^ Nsst 179.09 lasts thecae south 34.37'36" Nest 21.91 !sots
thanes sunning aioag sad rfeh the esstwsl3as e! a ascot the lol3ariag
courses cad distances: Booth 11.23'07• Nwst 191.{2 !Nt) 8onth 32.13'57"
Xest 209.52 lNtf South 3{•07'21• Nest 124.11 feet cad Boath 02.45'54•
Nest 87.23 feet) thwaae leaving the aeaterlias o! said orswk cad running
Routh 85.14'20" Nest 500.00 feet to an iron) thecae rnaniag South
85.13'46" that 1879.59 !Nt to as iraas theaow running Booth 00.43'12•
East 65.95 lNtJ thence zunaiag South 66.13'27" Hest 94.90 fasts thaoaa
sasnaicg South 62•{1'05• Nast 16.00 !sets thence ranniag Boutb 01.1!'55^
East 66.00 lNts thecae running South 88•{1'DS" Nsst 231.00 !sots thence
raaaiag Forth 85.06'69' Nest 192.69 feet: ihanaa sunning North 06.58'39"
Nest 90.11 lest: thanae znaning North 39.22'02" East 121.45 !vests thecae
running North 36°32'19• east 60{.03 lost) thence raanissg Forth 13.17'17"
East 274.62 lest) thecae :tinning earth 03.54'88" Nest 164.79 lNtt thecae
raaniag sorth 83.24'18" East 185.9{ Lest/ thence running North 76.55'3{•
East 1{7.9{ !Nt to sa iroaj thence saaaiag north 76.51'34• East 249.82
lest to a painted soaks t.banas running North 35.05'30. fast 1010.{5 !set
to as iroaJ thmaa running Booth 68.30'51• East 159.64 twat to a painted
s:OCkJ thence running $ot:th 88.30'60" east 419.71 fort to the place cad
point o! BEOIN1PINfl cad being ail o! that 81.37 core, morw or less, tract
ehova as Tract 1 by the plat o! survey satitlsd `psoperty of esaae B.
Camwson^ prepaswd by the Jobn R. Naadame Canpaay, Ina., dated July 30,
BOOS sad revised July 21, 2005, rhioh treat is the same treat shown as
Tract 1 by the ylat of survey e! record is Plat Book 2000, Papas 484-285.
Chatham County segistsy.
Tract 4s
ssfliFORli6 at an iron rhiab iron is the aorthwastwrn most aoraer of Treat
1 as hersiasbow described and thecae sunning Booth 01.33'16" Mess 2{6.08
last to an irons t.hsaoe sunning Booth 00.16'{2• East {77.90 lest to as
irons thenaw sunning Boath 00.14'55" East 90.05 lest to an iroaJ thsncs
avsaiag 8oath 78.00'56. Nwst 236.0{ fNE to an irons thanes sunning north
83.07'54^ NNt 511.02 teat W as iron) thsaas rt-eaiag Forth 65.12'40•
East 500.00 )vest to a aompnkwd yoiatJ thence running along and rith the
aeatwrllas of a crNk thw lolloviag aouzNS and distaaases North
03.45'54" East 87.23 lewts and Forth 24.07'21• East 124.16 !nets Borth
32.13'57" East 409.54 !acts cad worth 12°43'07" east 191.42 !Nt thence
!saving the csntarliae o! said ozmsk cad ranniag Forth 34.37'36" East
21.91 INtJ thanes znaniag North 10.56'07• Esst 179.09 feet to the place
sad point o! BEflI11NISfl cad bsistq all o! the 3.01 ware, sore or isrs,
tract shwa as Tract 2 by thw plat o! survey antitlwd "Property o! Sruee
291
745
BOQK ~. 2 9~ PAGE 7 4 5
8. Cameron~• prepared by the John E. 61oRdams Campaay, sac., dated July 20,
]005 sad rwised July ]1, 2005, which tract is the same tract shore as
Treat 2 by the plat o! survey o! record la Plst Book 2000, Payee 2B{-285,
Chatham County Eegistzy.
TzaOt 3:
EEBINHI~ at as iron located at the southeast corner o! the parcel now or
lo:merly owned by kiahaei Hishop {Deed Book S6B, Page 69!) and tbanae
running South 00.17.17" 1Past {93.01 tat to sa izoa! ihenos ruanfng South
66.07~18^ Meat 109.]1 tat to as iroaj thsaea r~maiag Nozth 81.30.31"
Nest 665.05 Legit to as iroa~ thence zumning North DO.16~42" Meat 477.90
feet to as ironj thecae running 8eoth 88.26•{1^ Eaat iS2.13 lsee to an
irons thecae running Booth O1.00~03^ Nast 194.15 last to an irons thence
rnnaiag North 89.16.0{^ Beat 127.84 lest to an izoar thence running North
00•52~35^ East 19{.22 legit to as iroa~ thaaae snaaiag Booth 8{•01~51^
Bast 296.33 last to as iron! thanae sunning Booth 87.38~03^ East 208.17
legit to the plaaa cad pout of BE62HMN0 sad being all of ?rant 3
containing 8.64 aura:, more or lase. u shorn on the plat o! aurvey
entitled ~PSOperty o! Hruos S. Cameron' psepased by the John E. Ncadems
Company, sac., dated July 70, 7005 cad revised Daly 21, 2005, rhich tract
is the same tract shorn u Tract 3 by the plat of survey e! record is
Plat Hook 2000, Papa 284-785, Chatham Conaty Eegistry.
Tzact {~
HEOZHNLiOi at sa Ssoa loaatad is the aorthezamoat aornar o! the property
now or lozmarly beloagiug t0 Busau lieldf (Deed Hook 571, Faye 521) cad
theaaa zuaaiag Booth 62.05'SS^ Nast 101.87 last to an izont thence
running South ]7•S5.OH^ East 120.05 tact to an icon) theaoa running Booth
62.06~55^ Neat 285.]3 lest to as irony thence running Booth 62.05{6^
Nest 346.75 lest to as irons t)uaoe ruining Booth 62.06.24" Kast 136.19
Lest to an front thence rnaaiag Booth 62.OS'53" Neat {15.15 feet to as
iroa~ tLeaoa rnaaiag Booth 62.07.39^ Nest 58.77 last to as front thence
running Nosth 00.34{7^ East 365.00 Lest to as front thence rnnniay North
00•I7~08^ Hast 372.0{ Legit to as front thaaoe running North 00.17.17"
East {93.01 lest to an iron! thanoe running Nazth ol•S1.09^ Eut 210.19
feat t0 as iroa~ thence sunning South 69.23.07" Eut 1267.83 lest Co as
stoat thence saaniag North 0{•{0.58" Bast ]2.46 lest to as
iron? thecae North 0!•40•S8^ Nast 177.56 lest to as stoat thence running
North 0{•{0'SB^ East 128.38 laet to a points thsaw running 8euth
18.12'32" East 963.10 Lest to a poiat~ thence sunning Booth 65.05 55^
Meet So.ii last to the place and point o! HEOINNDSO and being all of
Tract ~ aoatainiag {0.94 cases, mots or lus, ae shorn oa tht plat o!
susvay satitlad •`PSaperty of Hrnca H. Cameroa^ prepared by the John R.
NNWams Company, Inc., dated Jaly 20, 2005 a~ savised July 21, 7005,
whlob tract is the same treat shorn as Treat 4 by the plat o! survey o!
raoord in Plat Hoak 2000, Pages 284-185, Chatham Countp Hagistsy.
Tract 5s '
HEOINHSNG at as iroa located at the northwest corner o! the parcel new er
E°w---ly lmowa owned by Niohael Bishop (Deed Hook 568, Page 194) themaa
running Booth B2.33~33" Nest ]46.97 lest to an stoat thence running South
20.25.25" Mest 256.69 legit to as iroa~ thence running North 03.16'20"
Hut 174.67 leer to an Trent thamoe running North 89.05~32^ Halt 289.70
fast to the plane and poiak o1 HE6}IHNI1101 cad being all o! Treat S
coatainiay 0.19 acres, more or less, as shown oa the plat of survey
251
X746
BOOK ~. 2 91 PAGE ~ 4 6
entitled ^property of Brune B. Cameron' prepared by the John R. MOlldams
Cogany, Ina., dated July 20, 2005 and ravisad Jaly 21, 2005, uhia3s tract
i• Che caw tract shown as Tract 5 by the plat of susv`y o! zeoerd is
Plat Book 2000, Pagan 284-785, Cbatbam County Registry.
RHBERVaIg ~ BZCBPTIMO, 801PBY8H, (i) sasemants foe ingress, egrNf, and
rsgsasr over, wader, and aarou Lha falioriag dssaribed lead to and lraa
Traatr 8-1, B-1, C, D, and 8 oa the above fubdivision plat recorded is
plat Book 7005, Page 262, Chatham County ltagistzy, (ii) wenents to
provide streets, roads, utility Bass and utility laeilltiu to and Lzae
laid property aver, wader, and across t!u lollaving described load, (iii)
easesentr let the iartailatica, repair sad smiateaaaoa of rnch attests,
roads, utilltp 21aes andlor atility laoilitier over, under, and aczoN
the loiloaiag described load, and (iv) euemeats for the use of nay
improvoeats aonstrnated or planed on, war, wader, and/or across the
felloviag described lands
8asenent ?rant it
ltil thop certain arw marked is yellow oa a nap entitled "Briar Chapel
Camexoa Traatf' prepared by the Jobe R. MNdsn Company, iao., dated
April 26, 2005. which map is marked •Bevisad Matter Plan 8eas6aittsd 7-
29-OS• and signed by Mitch carton and approved 7-29-OS by Sfillis 8.
Cameron, and all those certain area masted in yelior on a map entitled
~prop.rty o! Hruoe B. Cameron', prepared by The Doha R. Maadass Company,
inc., dated hnguat 3, 2003, which map vu signed by flitch Barron on
~ngast 5, 1005, sad approved august B, 9005, by Milliam 8. Cameros.
Said arses are resarvad pnrsaaat to paragraph i of as asaesded sad
Restated purohaN end Bala agraemeat Detweea the parties o! the !lrst
part and the party of the saoond pert, dated ]-ngnat S, 2005, the rotor o!
rhiah are iaaorporated herein by ralareaae. S! the party of the saaond
past has not ooartsuated strNta and roads N laid areas at the tine the
parties o! the first part, their rucaefsors and usigns, asp retitled to
sad desire to oonstrvat atrNts, roads, utilities, and/as utility
lacilitiN ia, oa, wet, or across ouch srw as provided is the above
7-greesaai, the pasties of the first part shall ba entitled to ioaate such
areas in such locations u the parties o! the lust part, in their
reasonable direretien, dstetsine to be the locations ladicaGd on the
above map, such areas to haw a ~ddth of one huadrad (1001 feet.
Bassmeat Tract 2s
Coeswaciag at the aorthaaft eornar of Treat 8 u ahora on the plat of
ferny hereinaltar saterrsd to cad thecae sumiag Month 00.56{6' East
1359.59 feet sad Booth 00.8646" East 320.90 feat to as iron) thence
running Booth 00.56'46• last 241.27 !Nt to the plane sad point of
begisningJ thence zsaniag Bonth 89.5338. 1Psst 7.31 leetJ theses ztmaiag
8enth 83.3755• Bast 699.02 faetJ thence sunning Booth 72•T4'23• But
198.09 lNtJ thence running eoaatataloakvise aleng the era of s airale
having a radius of 420 fMt and a chord bearing of South 84.5905• Hut
as ass dlstaaoe o! 178.71 iNtJ thwae running Month 81.4933• But
120.09 teetJ thecae running aloahxiN along the era o! a airaie having a
radius of 580 lest and a chord bearing o! forth 86.3011• Sat an are
distance of 216.05 leetJ thenaa sunning aloakviN along she era of a
airaie having a radios o! 580 lest and a chord bearing of south 69.55'02•
Bast as era distance o! 119.7 laetJ thesoe running Bovta 6S•39~40" =oat
218.53 leer to an iroaJ thence running loath 51.1098^ last 157.93 !Nt
to as SronJ thssae rnaaiag clockwise along the arc of a circle having a
91'
47
BooK 12 91 pace 7 4 7
sadins o! 550 lest and a chord bearing of loath 46.47'08` Eat as are
distance o! 103.46 !Mt t0 to ireaf thence rmning Boutb 40.23'48^ scat
219.62 legit to an iraaf thence sunning aanateralookvire along the era of
a airale having s radius of 450 Lat and a chord bearing o! south
50.43'52` Eat en era diseaaca e! 161.81 lest to as iron) thanes sunning
loath 60.59'56` sast 258.13 lest to as iron) thence ranging alookwise
along the wro of a airale having a radios of 550 feet and a ahosd beasiag
o! South 54.05'12" Bast as era distance o! 94.31 Legit to ea iron) theaas
ruaatag sontq 51.10'28^ seat 165.82 last to as iron) thence running
alockwiu along the arc o! a airale having a radius oL 280 Eeet and a
chord bearing of south 31.43'18^ East an are distaaee of 190.10 feet to
an lroaf thence sunning South 21.16'27" east 99.21 lest to an !roar
thence running South 29.20'18" East 43.40 legit to as iron) thence sunning
Booth 54.43'17^ Nest 585.32 Eeetf iheaae sunning South 49.17'92. 1Wt
145.32 Hetf thence running aouateroloakrise along the era o! a airale
having a radius o! 150 Legit and a chord bearing of South 21.17'10^ west
as arc diataaae o! 146.64 latf thence sunning loath 89.59'21" Hest 20.90
Het to an iron) eheaoe running South 89.57'24" Neat 60.00 Laetf sheens
Routh 89.59'09' west 19.51 legit to as isoaf thence sunning alookrip
along the era o! a oisale having s radius of 250 lest and a chord bearing
of North Z2.37'37* East an era dirtaaee of 232.70 Lett to as iron) theme
running North 49.17'32^ 6aat 250.06 lest to sn iron) thecae sunning North
54'43'17• seat 510.04 feet to as iron) thence raaniag North 12.16'27"
Nut 79.83 legit to as iron) thence rtmaiag counteroloahwip along the era
o! a airale having a radius o! 180 legit cad a chord bearing of North
31.43'28^ west sn ass diatanaa o! 122.21 lest to as iron) thecae running
North 51.10'28^ Meet 265.81 legit to an isont thence running
aouaiesalookwlee along the arc of a airale hwviag a sadlWS o! 450 Legit
cad a chord bearing o! North 56.05'12" Nest as era distance of 77.16 lest
to as iron) thence running North 60.59'56" Nest 258.13 legit to as iron)
thence running aloakwise along the era of a airale having a sadiae of 550
feat cad a chord bearing o! North 50•!1'52" Nest an era distance of
197.77 #eet to as iron) thence running Nasth 40.23'48^ Nest 219.62 teat
to an iron) thence sunning aouaterclookwise along the era o! a circle
having a radius of 450 feet cad a chord bearing of North 45.47'08" Nest
an arc dietaaaa o! 84.66 leer to an iron) thence sunning North 51.10'28^
Nut 116.90 Legit to as iron) thence running North 64.00'10• Meet 246.24
legit to as iron) theaaa ruaalag connteroloaln-ise along the arc o! a
airale having a radios o! 480 teat cad a chord bearing of North 49.65'02•
Nast sa era distanas o! 99.10 Legit to as iron) thence sunning
aonnteralookwise along the era of a Oirale having a radias of 480 Het
cad a chord bearing of North 86.30'13• Nest as era distaaae o! 178.80
East) thecae running South 82.49.33^ Meet 120.09 Leer) thence :Waning
aloakrisr along the era o! a cixale having s radius o! 520 leer and a
chord bearing of worth 81.59'05` Nast an arc distance of 221 .ZS lMtf
thence ruasing North 72.24'93^ roast 188.26 legit) thence r""^+^g North
83.37'55" Meet 683.71 lsatf thence sunning North 00.86'46' Nest 100.02
feet to the pLoe cad point o! BE4ISNiso aaa being all o! that tract
shown as `New 100' )lessee Easement To Serve Traata s•1, 8-1, D a E' as
shown oa she plat o! survey entitled '"Briar Chapel - Diap 8, Property o!
Cau~esaa Properties, Limited Paztaszehip, Daniel D. Cameron, Jr.. cad Piw
Star OYonp. L.L.C.'• prepared by The John E. Nclldams Company, loo., dated
June 17, 2005, cad last swieed July 21, 2005, bat not iaolndiag the
portion o! said sasemant rhiah rues isaa the eastern bomdary o! Treat D
to the southern boundary o1 Treat s, and rsaorded in Plat Book 2065, page
162, Chatham Coanty registry, to which plat reiereaae is hereby made for
a nose particular doraription.
eoox ~. 2 9 i PA~~ '~ 4 8
Baameat Tract 3s
BID(iIHNIEG at as iron Which is the wnthaast assrnsr of Tract C u shown by
the plat o! scsvsy hereinaltar zslerred to and rvamiag thaaoe South
01•]9'02• Nest 100.00 !ut to a oaapnted points thecae running north
88.30'58• Meet 125.37 feet to as irons thecae running alookwise along the
arc o! a airoie having a radius o! 1050.00 last cad a chord bearing o!
Borth 82.21'07• Meet as arc distance o! 223.92 !ut to sa front thence
roaming Borth 76.11'17• Neat 193.12 !ut to as izoms thecae running
oonaterOloakwise along the era o! a oirals having a radisu o! 850.00 lest
sad : chord bea:iag o! Borth 77.16'4D• Nut an az0 distance O! 782.3{
leer to sa irons thence roaniaQ Routh 91.04'3T• xeet 315.60 !ut to as
irens thecae running Borth 38.55'23• Nut 100.00 laet to an irons thanes
running Bort}- 55.04'37• cast 325.60 laee to as irons thecae running
aleckwise along the arc o! a cisc]e having a rsdins o! 950.00 teat cad a
chord bearing of Borth 77.26'40' Esst as arc distanoe o! 874.38 legit to
as iroai thecae running Bonth 76.11'17" East 193.11 iNt to as irons
thecae running oonnteraloekwise along the arc o! a circle having a radim
of 950.00 Sut cad a chord bearing o! Routh 82.21'07• Bast as aro
distance O! 904.40 leer to as irons thecae zuaaisag South 88.30'38• But
115.37 lest to as irons thence running South 01.19'02• Meet 100.00 tat
to the point cad place of BEGIDII~G and being all o! the parcel ahaea u
tiew 100 loot aaoeu Buamaat• by the subdivision plat entitled `Briar
Chapel - i(ap 8, Property o! Cameron pyropertias, Limited Partnership,
Daniel D. Camarom, Jz., cad live Star arose, L.L.C.• prepared by The Jahn
x. Boadas Caapany, Zan., dated Jane 17. 1D05, and lot revised July 11,
1005 cad recorded is Plat Book 2005, Page 162, Chatham Caaaty Begistsy,
to rhiah plat zeleremas is hereby lade !or a cars particular duariptioa.
It is prodded, horever, that all or nay portion o! Easement Tracts 1, 1,
cad 3 nay be dedicated to public nsa at any time by the Grantee
hereomder. Buoh dadioation to publio vs shall cause the portico o! the
auemeat so dedicated to aatonatioally termiaata and grantee agrees to'
exeaate such doduasaats ae may b• reuoaably necauary to wideaee or
e!leatnate such tes:miaatim.
lQA'1dE8 lEBEYVINa 111D) EZCEPTIiIIi, aasameaes to use, nuiataia, repair,
replace and/or enlarge lira streets, roads. utility lines, cad utility
laoilitiu caw or herealter installed as Chs property. Za no event shall
nay ue o! the chow usementa (including rithont limitation the use or
enlargeuat o! a~ streets canes the area encumbered by the easement to
be greater than 100 !Nt is width.
The above reserved easaunts shall be perpetual, cad appnrtanaat to and
ran With the property shown u Tracte 8-1, 8-1, C, D, and B oa the above
subdivision plat rsoosdad is Plat Hook 1005, Page 261, Chatham County
Registry.
xa7.sod Treats
BEIDiG that eertaia tract o! lead located is 8aldria To~mship, Chatham
County, Borth CarOliaa ahem an map entitled "eauadary Survey o! Bstry B.
YaLeod, Borah 1f. Csatpbell cad B.G. ibswewd, Jr.,• performrd by the Jobe
Y. )foadams Cas4pamy, Ica.. dated ltarab 11, 2002 having a fetal area o!
69.85 aoru cad being more psrtioalsrly dasoribed as lollotvas
eEaxiania at an iron pipe at the Southeast oozaar o! James B. Dixon,
reaerded in Deed Hook 701, Page 201, said point being on the western line
1 X61 ~ •
)749
eooK 12 91_ pA~~ 7 4 9
o! Tria Eakea Oo1f Course, seaordad is Deed Poole 460, page 9fr thence
along said 11ae of ltiria Wkea Ooli Ceusae Booth 00°17.50" east 1736.03
teat to as iron pipe at the Irorthveet aosa+s of U.B. Bteel and Carnegie
P.a.l., recorded in Deed Peck 954, Page 593r theaoe rich iha Naatera lice
o! said U.B. 8tee1 and Ca:aegis p.P.i. Booth 00.03.50" Meat 475.54 leas
to a sock rich pointers as the sosthera lice o! esncs P. Caaiez~,
racorded is Deed Hook 033, Page 954) thence with said Caaeroa Booth
00.06'f6~ Nest 41.84 lest to as irea piper theaoe eonth 08.98.55" x~et
1731.60 twt Eo as isoa pipe at the aoutheut oornsr o! peraiaoa Pil1a
Pubdivieioa, recorded Sa plat Cabinet h, Blide 09r theaoa rich the
=astern line o1 said anbdiviaioa xozth 00.03'I9• Peat 9309.24 lest to en
izoa pipe is a sock pile on the aouthesn line of the steressntioaed Jaaas
P. Dlreoat thence rich raid line of Dison 8oneh 69'05.8' Past 2397.57
teat to the pout of baginniag, coataiaing 69.05 aarea, sore os leas.
• q 291
0750
BOOK ~. 2 91_ PAGE 75 Q
The lepai deaariptiaa is hereby amended br adding the lolloxiap u Sneered
p~p~tr+
7siag ali oL that ].813 case lot os pasasl o! Sand sbaua ae ~Ressrwd hY Ortnss"
oa that plat of snsvar prpared br Hnith sad Satith 8arwyore, dstsd 8aptatiber 9,
1987, ~titlsd `Yhaas I, Besndoa Moods guhdirisiom" and secosded as 811ds 99-16
is the Cbathm County Asgietsy, to rhiah gist rstarsaae ie hereby rids Eos a
seors partiaalar dseasiptioa, Lees and ~taspt the paxoel oonveysd to the !SCOOT
by ritare o! Deed ssoordsd is gook 781, bags 954, Chathaa County Registry.
Property kaawa se the "71e1de Treat".
1371 '
1174
FILED
CHATHAM COUNTY
REBA G. THOMAS
REGISTER OF DEEDS
FILED Nov 21, 2007
AT 04:03:54 pm
BOOK 01371
START PAGE 1174
END PAGE 1189
BOOK ~. ~ "~ I PACE i ~ 7 4 INSTRUMENT # 15040
Prepared by and after recording return to:
Kilpatrick Stockton LLP (CAB)
3737 Glenwood Ave., Ste. 400
Raleigh, NC 27612
DECLARATION OF COVENANTS AND RESTRICTIONS - RIPARIAN AREAS
THI~ECLARATION OF COVENANTS AND RESTRICTIONS ("Restrictive Covenant"), is made
on this L_ day of November, 2007 by CAMERON PROPERTIES LIMITED PARTNERSHIP, a North
Cazolina limited partnership, DANIEL D. CAMERON, JR. (single), of Durham County, North Carolina, and
FIVE STAR GROUP, L.L.C., a North Carolina limited liability company, (the "Declarants';
WITNESSETH:
THAT WHEREAS, the Declazants are the present owners of certain property located in Chatham
County, North Carolina, constituting approximately 32.7 acres, more or less, which is more particularly
described on xhibit A attached hereto and incorporated herein by this reference (the "Conservation Areas',
except that the Conservation Areas shall not include wetlands, streams, and riparian areas authorized for
impacts in accordance with the following permits issued to NNP-13riaz Chapel, LLC (the "Permittee"): (a)
DOA Permit No. 200121252 dated October 2, 2006, as may be amended from time to time, and (b) North
Carolina Department of Environment and Natural Resources, Division of Water Quality ("DWQ") Certification
No. 2005-0732 dated May 9, 2006, as may be amended from time to time (collectively, the "Permits"); and
WHEREAS, for the purposes of this Restrictive Covenant, the "Riparian Buffers" shall mean the
following areas which lie within the above boundaries of the Conservation Areas:
i. 100-foot buffers on either side of all perennial streams, measured from the top of bank;
ii. 50-foot buffers on either side of all intermittent streams, measured from the top of bank;
iii. 50-foot buffets on either side of all ephemeral streams shown of the Soil Survey maps and having a
drainage area of more than 25 acres, measured from the centerline of the stream; and
iv. 30-foot buffers on either side of all ephemeral streams shown of the Soil Sttrvey maps having a
drainage area of between 10 and 25 acres, measured from the centerline of the stream.
Page I of 16
1371
1175
BOOK ~ ~ ~ :~ Pdf~ i ~. "~ ~
NOW THEREFORE, the Declarants hereby unconditionally and irrevocably declare that the
Conservation Areas shall be held and subject to the following restrictions, covenants and conditions, as set out
herein, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of
the Conservation Areas and to comply with the Permits, to run with the Conservation Areas and to be binding
on all parties that have or shall have any right, title, or interest in the Conservation Areas.
1. Puruoses. The purposes of this Restrictive Covenant are to maintain, restore, enhance, and create
wetland and/or riparian resources in the Conservation Areas, as more particularly described below, to contribute
to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat,
and recreational opportunities; except as otherwise provided herein, to maintain permanently the Conservation
Areas in their natural condition, consistent with these purposes; and to prevent any use of the Conservation
Areas that will significantly impair or interfere with these purposes, all in accordance with the Permits.
2. Permitted Uses. The Conservation Areas shall be owned, exclusively controlled, and maintained as far
as practicable, in their pristine and natural state in perpetuity; provided, however, that notwithstanding anything
to the contrary in this Restrictive Covenant, the following uses shall be permitted in the Conservation Areas to
the extent they do not duectly impact waters of the United States (the KPermitted Uses"):
a. Any use of the Conservation Areas as expressly permitted in the Permits or as otherwise may be
required by the then owners of the Conservation Areas to comply with the Permits or other regulations
or requirements of DOA, DWQ, or other governmental agencies with jurisdiction over the Conservation
Areas;
b. Use of the Riparian Buffers as follows:
• Construction on pilings including without limitation elevated walkways, roads, or utility lines;
• Water dependent structures;
• Signs, security lights, and flag poles;
• Utility lines where no practical alternative exists;
• Passive recreational activities with very low impact walking trails with no impervious surface that
are located at least thirty feet from the edge of the stream;
• Paved trails up to eight feet in width that are located at least fifty feet from the edge of perennial and
intermittent streams, provided that the buffer as a whole is extended a distance equal to the width of
the trail;
• Clearing and re-vegetating the stream buffer for the purposes of improving its pollutant removal
efficiency, provided that no such clearing is allowed within 30 feet of a stream;
• Clearing, grading and filling within the buffer in connection with road construction provided that
affected areas are revegetated;
• Removal of invasive species listed by the North Cazolina Botanical Garden; and
Page 2 of 16
1371
1176
sooK 13 r 1 ~ac~ ~ x'76
• Desirable artificial stream bank or shoreline stabilization, as determined by Chatham County.
3. Enforcement. The covenants and restrictions contained in this Restrictive Covenant shall be perpetual,
shall run with the land, and shall be binding on the Conservation Areas by whomsoever owned. This
Restrictive Covenant is intended to ensure continued compliance with the mitigation condition of authorizations
issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, and therefore may
be enforced by the United States of America. The Permittee shall enforce the terms of the restrictions set forth
in this Restrictive Covenant in accordance with the Pernuts, and shall take no action in the Conservations Areas
that is inconsistent with the terms of this Restrictive Covenant. The Declarants may enforce this Restrictive
Covenant, but shall not be under any obligation to take enforcement action or incur liability for failure to take
such enforcement action; however, the Declarants shall take no action in the Conservations Areas that is
inconsistent with the terms of this Restrictive Covenant.
4. Restrictions on Use. Except as expressly reserved as a Permitted Use in this Restrictive Covenant, the
Conservation Areas shall be maintained in their natural, scenic, wooded and open condition and restricted from
any development or use that would impair or interfere with the purposes of the Conservation Areas. The
following uses are prohibited, restricted, or reserved as indicated:
(1) Prohibited Uses. Except for the Permitted Uses, all industrial, residential, and commercial
activities are prohibited in the Conservation Areas.
(2) Agricultural Timber Harvestine GrazinP and Horticultural Use. Agricultural, timber
harvesting, grazing, horticultural, and animal husbandry uses of the Conservation Areas, including the
use of the Conservation Areas for cropland, waste lagoons, or pastureland, are prohibited.
(3) Construction. Except for the Permitted Uses, there shall be no roads, buildings, signs,
building, facility, mobile home, or other structure constructed or placed in the Conservation Areas for
occupancy by humans or for storage of equipment or materials not directly related to the operation and
maintenance of the Conservation Areas for the Pennitted Uses.
(4) Dumnine. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances,
machinery, or other material in the Conservation Areas is prohibited.
(5) Gradine. Mineral Use. Excavation, Dredging. Except for the Permitted Uses, there shall be
(i) no grading, filling, excavation, dredging, mining, or drilling for mineral resources on the
Conservation Areas; (ii) no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials from
the Conservation Areas; and (iii) no change in the topography of the land in any manner except as
necessary for the purpose of combating erosion or incidental to any conservation management activities
consistent with the purposes of the Conservation Areas.
(6) Streams Wetlands Water Ouality. and Drainaee Patterns. There shall be (i) no pollution or
alteration of water bodies; (ii) no activities that would be detrimental to water quality or that would alter
natural water levels, drainage, sedimentation, and/or flow in or over the Conservation Areas or into any
surface waters, or cause soil degradation or erosion; (iii) no diking, draining, dredging, channeling,
filling, leveling, pumping, impounding, or related activities; and (iv) no 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 outside of the Conservation Areas by any means, removal of wetlands, polluting or
Page 3 of 16
1371
1177
800K 1 ~ "(l PAGE t ~. ~ 7
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited, except
activities to restore or enhance natural hydrology or manage stormwater as permitted by state or any
other appropriate authorities.
(7) i7icn,rbance of Vegetation and Natural Features. Except for the Permitted Uses, there shall be
no cutting, removal, mowing, harming, or destruction of any vegetation in the Conservation Areas or
disturbance of other natural features in the Conservation Areas except for selective cutting and
prescribed burning or clearing of vegetation and the application of approved pesticides for fire
containment and protection, disease control, restoration of hydrology, wetlands enhancement and/or
control ofnon-native plants.
5. Additional Ri 6ts of the Owners of the Conservation Areas. The Permittee shall have the right to
undertake or continue the Permitted Uses on the Conservation Areas. No provision of this Restrictive Covenant
shall be construed to impair the ability of the then owners of the Conservation Areas to sell the Conservation
Areas subject to this Restrictive Covenant or to use the Conservation Areas for collateral for borrowing
purposes, provided that any mortgage or lien arising from such loan shall be subordinated to this Restrictive
Covenant. Any deed to secure debt, deed of trust, or mortgage affecting any portion of the Conservation Areas
shall at all times be subject and subordinate to the terms of this Restrictive Covenant, and any party foreclosing
any such deed to secure debt, deed of trust, or mortgage, or acquiring title by deed in lieu of foreclosure, shall
acquire title subject to all of the restrictions and covenants of this Restrictive Covenant.
6. Transfer of Conservation Areas. Nothing in this Restrictive Covenant shall preclude the then owners
of the Conservation Areas from imposing additional easements on the Conservation Areas or conveying any
interest in the Conservation Areas to a donee eligible to hold property for conservation purposes within the
meaning of Section 170(h)(3) of the Internal Revenue Code and the regulations promulgated thereunder. The
obligation to wrnply with this Restrictive Covenant shall run with the land, and no former owner of the
Conservation Areas, after such owner has conveyed all of its right, title, and interest in and to the Conservation
Areas to another party, shall have any fiuther obligation with respect to compliance with this Restrictive
Covenant,
7. Amendment. This Restrictive Covenant may be amended, modified, or terminated by the then owners
of the Conservation Areas at the time, but only with the written consent of DOA and DWQ. The consent of any
other parties shall not be required.
8. Interaretation. This Restrictive Covenant shall be construed and interpreted under the laws of the State
of North Carolina. Any ambiguities herein shall be resolved so as to give maximum effect to the conservation
purposes of this Restrictive Covenant.
9. Termination. If it is determined that conditions on or surrounding the Conservation Areas have
changed to such an extent that it becomes impossible to fulfill the purposes set forth in this Restrictive
Covenant, a court with jurisdiction may, at the joint request of the owners of the Conservation Areas at the time,
DOA, and DWQ (or their respective successors and assigns) terminate the covenants and restrictions in this
Restrictive Covenant. If a condemnation of a part of the Conservation Areas or of the entire Conservation
Areas by a public authority or other authorized entity renders it impossible to fulfill any of these purposes, the
covenants and restrictions in this Restrictive Covenant may be terminated through such condemnation
proceedings.
Page 4 of 16
1371 Y,
1178 BooK 13 ~ I ~ac~ i x'78
10. Severabillty. If any covenant or restriction of this Restrictive Covenant is found to be invalid, the
remaining provisions of this Restrictive Covenant, and the application of such provision to persons or
circumstances other than those as to which it is found to be invalid, shall not be affected thereby.
IN WITNESS WHEREOF, the undersigned have executed the foregoing instrument the day and year
fast above written.
[Remainder of Page Intentionally Left Blank. Signahlre/Notary Pages Follow]
Page 5 of 16
1371
1179
STATE OF NORTH CAROLINA
COUNTY OF NeW C'tYtwoJer
eooK 13 "~ ~ NaoE i x.'79
CAMERON PROPERTIES LIMITED PARTNERSHIP, a North Carolina
limited partnership
By; ~ t (SEAL)
colt C. Sullivan, General Partner
BY: ~ (SEAL)
Adair M. Grah Jr., Gen al Partner
BY: ~'-e---' (SEAL)
J be V. H rdee, General Partner
I,-~,nna 5•~\a~dJ~. , a Notary Public of tJ~ ~ano~P.~ County, North
Carolina, do hereby certify that SCOTT C. SULLIVAN, ADAIR M. GRAHAM, JR., and JABS V. HARDEE
personally appeared before me this day and acknowledged that they are the General Partners of CAMERON
PROPERTIES LIMITED PARTNERSHIP, a Limited Partnership, and as the act of the Limited Partnership, the
foregoing instrument was signed by them as General Partners.
WITNESS my hand and notarial seal or stamp, this the \9~~ day of Noaevw~Oer , 2007.
No Publi
My Commission Expires: 4-I ('.?Ll I
\`~~~Q' )t1PARpp~~~~
~2~
o
.c `t
Np 8~G z_
P ~ ~\~:
/,~~~~i~tigNOVER ~~`~~
US3000 10437495.1
Page 6 of 16
1371
1180
STATE OF NORTH CAROLINA
COUNTY OF NCw Ttgno~er
$ooK 13 l ~c~cf i ~ 8 0
FIVE STAR GROUP, L L.C., a North Carolina limited liability company
gy. (SEAL)
Iil_liam IH. Cameron, Manager
BY: ~~(~ G ~~1' (sue-)
Hilda C. Dill, Manager
I, ~a~hw ~.~4~o~~t , a Notary Public of NGa+ mar County, North Carolina,
do hereby certify that WILLIAM H. CAMERON and HILDA C. DILL personally appeared before me this day
and acknowledged that they are the Managers of FIVE STAR GROUP, L.L.C., and that by authority duly given
and as the act of the company, the foregoing instrument was signed in its name by its Managers and sealed with
its seal.
WITNESS my hand and notarial seal or stamp, this the ~4't``' day of 1Joae rrber , 2007.
Notary Public
My Commission Expires:
'-1•~1- doll
- ~~~~~P ~ i PA,RO ~~i
,~~ G~ ~~
~o
NpTpR.Y
~y pu3tiC
~~~~~HOVER,~~~?\\~
usxooo loan+ss.i
Page 7 of 16
1371 '
1181 BooK 1 ~ r 1 Na~~ i x.81
(SEAL)
Wi liam H. Cameron, attorney-in-fact for Daniel D. Cameron, Jr.
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, ~n,na ~• ~grc~~c a Notary Public of New ttaroce~
County, North Carolina, do hereby certify that William H. Cameron, attorney-in-fact for Daniel D. Cameron,
Jr., personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing
and annexed instrument for and in behalf of Daniel D. Cameron, Jr., and that his authority to execute and
acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the
office of the Register of Deeds of Chatham County, North Carolina, in Book 1198, Page 500 on the 9th day of
August, 2005, and that this instrument was executed under and by virtue of the authority given by said
instrument granting him power of attorney; that the said William H. Cameron acknowledged the due execution
of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said Daniel
D. Cameron, Jr.
WITNESS my hand and notarial seal or stamp, this the lq~ day of (Jo~en~e~, 2007.
Not Public
My Commission Expires: +~-1 t-aa11
F ~.
~Q
=0
Pie Rc Z
U52000 1091795.1
Page 8 of 16
1371
1182
aooK 13 t~ ~ NacF i 18 2
Exhibit A ,
Conservation Area
Being all that certain tract of land containing 0.70 acres, located in Baldwin Township, Chatham County, North Carolina,
and being more particulazty described as follows:
Commencing at an iron pipe marking the southeast comer of lands owned by Wade Meacham (Deed Book 814, Page
447), thence with the southern line of Meacham South 89° 18'34" West a distance of 50.84' to a point being the POINT OF
BEGINNING; thence South 10°18'33" East, a distance of 13.13 feet to a point; thence South 27°46'09" East, a distance of
93.87 feet to a point; thence South 04°45'57" West, a distance of 62.01 feet to a point; thence•South 15°57'07" West, a
distance of 62.38 feet to a point; thence South 10°37'28" West, a distance of 59.54 feet to a poirrt; thence South 15°57'08"
East, a distance of 43.66 feet to a point; thence South 53°08'32" East, a distance of 41..34 feet to a point; thence South
17°31'58" East, a distance of 92.89 feet to a point; thence along anon-tangent curve to the right having a radius of 30.18
feet, an arc length of 101.37 feet and a chord bearing and distance of South 72°28'02" West, 60.00 feet to a point; thence
North 17°31'58" West, a distance of 73.62 feet to a point; thence North 53°08'32" West, a distance of 42.25 feet to a point;
thence North 15°57'08" West, a distance of 78.02 feet to a point; thence North 10°37'28" East, a distance of 76.50 feet to a
point thence North 15°ST07" East, a distance of 59.30 feet to a point; thence North 04°45'57" East, a distance of 38.62
feet to a point; thence North 27°46'09" West, a distance of 85.57 feet to a point thence North 10°18'33" West, a distance
of 32.51 feet to a point thence North 89°18'34" East, a distance of 60.86 feet to a point to the Point of BEGINNING
containing 30,284 square feet or 0.70 acres, more or less.
Conservation Area 2A
Being ail that certain tract of land containing 12.92 acres, located in Baldwin Township, Chatham County, North
Carolina, and being more particulazly described as follows:
Commencing at an existing iron pipe mazking the southeast comer of lands owned by Marvin Meacham (Deed Book 564,
Page 794, Chatham County Registry); thence North 29°32'35" East, a distance of 76.14•feet to the Point of BEGINNING;
thence North 29°33'09" East, a distance of 272.64 feet to a point; thence North 06°35'43" West, a distance of 71.68 feet to
a point; thence North 20° 19'07" West, a distance of 343.32 feet to a point; thence North 04°45'39" West, a distance of
523.75 feet to a point; thence North 09°32'14" West, a distance of 288.56 feet to a point thence North 09°34'24" West, a
distance of 580.24 feet to a point; thence North 88°49'41" Easi, a distance of 24.89 feet to a point; thence South East
87°57'07" East 11.96 feet to a point; thence South 19°42'43" East, a distance of 384.79 feet to a point; thence South
02°27'33" West, a distance of 86.99 feet to a point; thence South 13°47'43" East, a distance of 132.19 feet to a point;,
thence South 20°27'34" West, a distance of 38.86 feet to a point; thence South 09°22'37" East, a distance of 131.50 feet to
a point; thence South 17°55'41" East, a distance of 88.116 feet to a point; thence South 10°07'59" East, a distance of 87.49
feet to a point; thence South 40°14'31" East, a distance of 16.02 feet to a point thence South 38°55'51" East, a distance of
77.85 feet to a point; thence South 10°20'54" West, a distance of 40.20 feet to a point; thence South 25°Ol' 15" East, a
distance of 66.89 feet to a point thence South 14°20'32" West, a distance of 168.04 feet to a point; thence South
63°34'13" West, a distance of 20.23 feet to a point; thence South 07°15'12" West, a distance of 54.78 feet to a point;
thence South 19°48'45" East, a distance of 68.25 feet to a point; thence South 02°32'52" West, a distance of 78.03 feet to a
point; thence South 09°08'38" East, a distance of 5.21 feet to a point; thence South 23°22'48" East, a distance of 41.96 feet
to a point; thence South 34°07'58" East, a distance of 87.32 feet to a point; thence South 24°00'55" East, a distance of
84.16 feet to a point; thence continue southeasterly along said line, a distance of 0.53 feet; thence North 81 °29' 10" East, a
distance of 1.27 feet to a point; thence South 73° 16'39" East, a distance of 28.86 feet to a point thence continue easterly
along said tine, a distance of t4.] 8 feet; thence continue easterly along said line, a distance of 11.16 feet thence North
84°24'39" East, a distance of 39.5 t feet to a point; thence continue easterly along said tine, a distance of 13.12 feet; thence
South 88°48'52" East, a distance of 51.96 feet to a point; thence North 80°50'53" Fist, a distance of 63.61 feet to a point;
thence along anon-tangent curve to the right having a radius of 103.53 feet, an arc length of 62.48 feet and a chord
bearing and distance of South 66°51'54" East, 61.54 feet to a point; thence North 63°28' 10" East, a distance of 63.14 feet
Page 9 of 16
1371
1183
eoax 13~r i ~a~Ei~S3
to a point; thence South 84°36'57" Erik a distance of 48.09 feet to a point; thence North 82°23'43" East, a distance of
52.14 feet to a point thence South 00° 12'34" West, a distance of 96.21 feet to a point; thence North 86° 11'03" East, a
distance of 153.19 feet to a point; thence South 76°59'21" East, a distance of 162.02 feet to a point; thence North
89°04'45" Erik a distance of 310.24 feet to a point; thence North 72°03'12" East, a distance of 116.90 feet to a point;
thence South 86°23'59" East , a distance of 243.53 to a point;
thence South 25° 18'58" West, a distance of 656.48 feet to a point; thence South 24°07'20" West, a distance of 302.24 feet
to a point; thence South 59°04' I S" West, a distance of 6.13 feet to a point; thence South 13°04'34" West, a distance of
3.16 feet to a point; thence along anon-tangent curve to the right having a radius of 52.54 feet, an arc length of 8.06 feet
and a chord bearing and distance of South 27°53' 16" West, 8.06 feet to a point; thence South 26°04'07" East, a distance of
4.47 feet to a point; thence South 24°OT20" West, a distance of 133.51 feet to a point; thence South 19°57'26" West, a
distance of 108.97 feet to a point; thence South 55°24'18" West, a distance of 100.01 feet to a point; thence North
77°53'04" West, a distance of 58.77 feet to a point; thence along anon-tangent curve to the right having a radius of 50.00
feet, an azc length of 20.57 feet and a chord bearing and distance of North 06°21'57" East, 20.42 feet to a point; thence
North 18°09'02" East, a distance of 3.00 feet to a point; thence along a curve to the right having a radius of 50.00 feet, an
azc length of 78.54 feet and a chord bearing and distance of North 63°09'02" East, 70.71 feet to a point; thence South
71°50'58" East, a distance of 036 feet to a point; thence North 44°36'01" East, a distance of 15.56 feet to a point; thence
North 56° 13'01" East, a distance of 2] .61 feet to a point; thence North 16°29'50" East, a distance of 28.88 feet to a point;
thence North 35°48'56" East, a distance of 3.69 feet to a point; thence North 09° 16'20" West, a distance of 16.96 feet to a
point; thence North 06°39'45" Wesk a distance of 40.65 feet to a point thence North 09°24'48" East, a distance of 45.94
feet to a point; thence North 15°46'06" East, a distance of 98.57 feet to a point thence North I S°35'57" East, a distance of
39.30 feet to a point; thence North 52°21'56" East, a distance of 34.85 feet to a point thence North 59°04' 15" Eask a
distance of 36.89 feet to a point; thence North 15°52' 17" East, a distance of 33.56 feet to a point; thence North 41 °55' 19"
East, a distance of 23.11 feet to a point; thence North 16°34'23" West, a distance of 6.21 feet to a point thence North
04°50'20" East, a distance of 32.43 feet to a point; thence North 28°38'32" East, a distance of 39.59 feet to a point thence
North 25°58'55" East, a distance of 13.11 feet to a point thence North 08°2T19" West, a distance of 14.14 feet to a poirn;
thence North 18°24'36" Erik a distance of 27.04 feet to a point; thence North 23°3 t'35" East, a distance of 24.62 feet to a
point; thence North 24° 18'00" East, a distance of 25.84 feet to a point thence North 25°35' 14" Eask a distance of 29.13
feet to a point; thence along anon-tangent curve to the right having a radius of 50.34 feek an arc length of 54.95 feet and
a chord bearing and distance of North 50° 14' 19" East, 52.26 feet to a point; thence North 14°20'37" East, a distance of
8.07 feet to a point; thence North 33 ° 12'35" Eask a distance of 19.78 feet to a point; thence North 09°30'55" East, a
distance of 43.70 feet to a point; thence along anon-tangent curve to the right having a radius of 50.12 feek an arc length
of 64.73 feet and a chord bearing and distance of North 42°36'54" East, 60.33 feet to a point thence North 17°00'20" East,
a distance of 44.60 feet to a point; thence South 88°23'27" East, a distance of 0.89 feet to a point; thence North O8° 17'30"
East, a distance of 75.50 feet to a point; thence North 39°28'55" Erik a distance of 38.56 feet to a point thence North
11°52'44" East, a distance of 5.77 feet to a point; thence North 18°21'23" Wesk a distance of 7.00 feet to a point; thence
North 63°OT08" Wesk a distance of 79.03 feet to a point; thence continue northwesterly along said line, a distance of
135.31 feet thence South 70°25' 14" Wesk a distance of 90.28 feet to a point; thence North 30° 12'55" Wesk a distance of
11.33 feet to a point; thence North 88°54'46" West, a distance of 253.97 feet to a point; thence North 24° 15'03" West, a
distance of 24.03 feet to a point; thence South 89° 1 T30" Wesk a distance of 31.90 feet to a point thence North 77°26'32"
West, a distance of 55.94 feet to a point; thence South 85°35'36" Wesk a distance of 45.76 feet to a point; thence South
87°57'56" West, a distance of 65.92 feet to a point; thence South 82°23'43" Wesk a distance of 77.52 feet to a point;
thence North 84°3657" West, a distance of 11.95 feet to a point; thence South 63°28'10" Wesk a distance of 44.10 feet to
a point; thence South 75°56' 13" Wesk a distance of 93.99 feet to a point; thence along a curve to the right having a radius
of 80.00 fcet, an arc length of 97.02 feet and a chord bearing and distance of North 69° 19' 14" Wesk 91.18 feet to a point;
thence North 34°34'42" West, a distance of 1.06 feet to a point; thence North 88°48'52" West, a distance of 43.29 feet to a
point; thence South 84°24'39" West, a distance of 13.11 feet to a point; thence continue westerly along said line, a
distance of 50.09 feet; thence continue westerly along said line, a distance of 18.41 feet; thence North 73°16'39" West, a
distance of 48.61 feet to a point thence South 8l°29'10" Wesk a distance of 68.65 feet to a point; thence South 02°34'2]"
West, a distance of 0.75 feet to a point; thence continue southerly along said line, a distance of 0.82 feet; thence continue
southerly along said line, a distance of 23.86 feet; thence South 21°56'47" Wesk a distance of 54.28 feet to a point; thence
South OS°24'54" East, a distance of 109.23 feet to a point thence South t 8°06'57" Wesk a distance of 50.85 feet to a
point; thence South 30° 16'00" West, a distance of 25.89 feet to a point; thence South 35°48' l6" East, a distance of 17.88
Feet to a point; thence South 14°23'50" West, a distance of 112.13 feet to a point; thence South 28°03'34" West, a distance
Page 10 of 16
1371 '
1184 BOOK ~. ~ ! I NAGS i ~ S 4
of 14.62 feet to a point; thence South 09°57'53" East, a distance of 16.69 feet to a point; thence South 15°46'34" East, a
distance of 49.53 feet to a point; thence South 14°54'16" West, a distance of 12.13 feet to a point; thence South 60°08'42"
East, a distance of 24.29 feet to a point; thence South 19°41' 17" East, a distance of 52.66 feet to a point; thence along a
non-tangent curve to the right having a radius of 64.10 few, an arc length of 18.44 feet and a chord bearing and distance
of South 42°07'21" East, 18.38 feet to a point; thence South 04°51' 12" West, a distance of 90.22 fcet to a point; thence
along anon-tangent curve to the right having a radius of 64.10 feet, an arc [ength of 18.70 feet and a chord bearing and
distance of South 51°57'09" West, 18.63 fat to a point; thence along anon-tangent curve to the right having a radius of
55.02 feet, an arc length of 39.04 feet and a chord bearing and distance of South 31°57'08" West, 38.23 feet to a point;
thence South 76°57'08" West, a distance of 37.74 fcet to a point; thence along anon-tangent curve to the right having a
radius of 50.95 feet, an arc length of 60.35 feet and a chord bearing and distance of North 58°02'52" West, 56.89 feet to a
point; thence North 13°02'52" West, a distance of 19.55 feet to a point; thencealong anon-tangent curve to the right
having a radius of 50.00 feet, an azc length of 78.54 feet and a chord bearing and distance of North 26° 11'45" West, 70.71
feet to a point; thence North 17°59'40" East, a distance of 14.97 feet to a point; thence along anon-tangent curve to the
right having a radius of 50.04 feet, an arc length of 34.13 feet and a chord bearing and distance of North 00° 19'04" East,
33.47 feet to a point; thence along anon-tangent curve to the right having a radius of 50.01 fcet, an arc length of 45.51
feet and a chord bearing and distance of North 09°37'33" West, 43.95 feet to a point; thence North 17°50'27" East, a
distance of 28.37 feet to a point; thence North 14° 15'29" West, a distance of 25.31 feet to a point; thence North O8°25'06"
West, a distance of 56.70 feet to a point; thence North 28°03'34" East, a distance of 37.00 feet to a point; thence North
14°23'50" East, a distance of 22.75 feet to a point; thence North Ol°04'52" East, a distance of 84.76 feet to a point; thence
North 30° 16'00" East, a distance of 47.31 feet to a point; thence North 14°41'07" East, a distance of 21.88 feet to a point;
thence North 07°38'06" West, a distance of 35.79 feet to a point to the Point of BEGINNING containing 562,668 square
feet or 12.92 acres acres, more or less.
Conservation Area 2B
Being all that certain tract of land containing 1b.91 acres, located in Baldwin Township, Chatham County, North
Cazolina, and being more particularly described as follows:
Beginning at an existing iron pipe on the southern line of lands owned by Robert Lindley t;Deed Book 586 Page 826,
Chatham County Registry}; thence North Ot°49'36" West, a distance of 77.63 feet to a point; thence South 29°49'57" East,
a distance of 52.92 feet to a point; thence North 25°16'24" West, a distance of 51.48 feet to a point; thence North
06°20'1 I" West, a distance of 51.02 feet to a point; thence North 88° 19'52" East, a distance of OSl feet to a point; thence
South 64°12'53" East, a distance of 11.24 feet to a point; thence South 12°08'54" East, a distance of 37.13 feet to a point;
thence South 54°21' 13" East, a distance of 14.22 feet to a point; thence South 43°30'55" East, a distance of 34.60 feet to a
point; thence South 35°48'44" East, a distance of 42.62 feet to a point; thence South 40° 12'42" West, a distance of 24.78
feet to a point; thence South 06°57'28" East, a distance of 44.69 feet to a point; thence South 66° 13' l7" East, a distance of
21.32 feet to a point; thence South 77°26'05" East, a distance of 25.58 feet to a point; thence North 88°53' 12" West, a
distance of 25.53 feet to a point; thence South O8°22'40" East, a distance of 27.19 feet to a point; thence South 25°48'03"
East, a distance of 34.70 feet to a point; thence South 67° 16' 11" East, a distance of 51.33 feet to a point; thence South
38°33' 17" East, a distance of 17.25 feet to a point; thence South 87°ST44" East, a distance of 48.09 feet to a point; thence
North 50°4T25" East, a distance of 18.15 feet to a point; thence along anon-tangent curve to the right having a radius of
50.82 feet, an arc length of 50.85 feet and a chord bearing and distance of Notch 89°44'42" East, 48.76 feet to a point;
thence South 51°18'02" East, a distance of 46.05 feet to a point; thence South 72°26'50" East, a distance of 6.88 feet to a
point; thence wntinue easterly along said line, a distance of 17.06 feet; thence along anon-tangent curve to the right
having a radius of 50.09 feet, an are length of 62.47 feet and a chord bearing and distance of South 40°04'21" East, 58.50
feet to a point; thence South 07°41'51" East, a distance of 49.48 feet to a point; thence South 26°02'20" West, a distance
of 61.86 feet to a point; thence South I 1°58'15" East, a distance of 28.23 feet to a point; thence South 24°3T17" East, a
distance of 37.17 feet to a point; thence South 06°3T52" East, a distance of 76.26 feet to a point; thence South 15°12'28"
East, a distance of 5.41 fcet to a point; thence South 04° 10'26" East, a distance of l 16.78 feet to a point; thence South
24°41'17" West, a distance of 63.96 feet to a point; thence South OS°02'25" West, a distance of 48.66 feet to a point;
thence South OS°37'16" East, a distance of 23.03 feet to a point; thence South 48°25'29" East, a distance of 5.90 feet to a
point; thence North 24°37'21" East, a distance of 37.98 feet to a point; thence North 25°30'53" East, a distance of 24.06
Paget 1 of 16
4371 '
1185 BOOR ~. ~ '~( ~. PAGE ~ ~. S CJ
feet to a point; thence North 23°04'38" East, a distance of 29.21 feet to a point; thence North 09°OT23" East, a distance of
53.22 feet to a point; thence North 18°57'47" West, a distance of 48.30 feet to a point; thence North Ol ° 14'47" Erik a
distance of 36.04 feet to a point; thence North 48°32'26" Erik a distance of 28.62 feet to a point; thence South 18°34'05"
Eask a distance of 33.52 feet to a point; thence South 24°04'25" Erik a distance of 34.78 feet to a point; thence South
1 I°43'05" Eask a distance of 44.95 feet to a point; thence South O1°15'42" West, a distance of 47.19 feet to a point; thence
South 20°19'20" Wesk a distance of 33.09 feet to a point; thence South 29°3T55" West, a distance of 65.57 feet to a point;
thence South 43°25'52" Wesk a distance of 27.82 feet to a point; thence along anon-tangent curve to the right having a
radius of 50.13 feet, an azc length of 46.b4 feet and a chord bearing and distance of South 04°20'54" West, 44.98 feet to a
point; thence South 26°48'42" Welk a distance of 46.9b feet to a point; thence South 00°33'47" East, a distance of 19.38
feet to a point; thence South 31°37'56" West, a distance of 29.56 feet to a point; thence South 02°42'16" West, a distance
of 27.84 feet to a point; thence South 24°23' ] 6" West, a distance of 62. I 1 fcet to a point; thence South 10°38'49" West, a
distance of 82.15 feet to a point; thence South 47°09'47" Wesk a distance of 20.15 feet to a point; thence South 18°22'25"
West, a distance of 62.18 feet to a point; thence South 07°45'40" Erik a distance of 11.29 feet to a point; thence along a
curve to the right having a radius of 50.00 feet, an are length of 48.50 feet and a chord bearing and distance of South
20°01'45" West, 46.62 feet to a point; thence South 47°49' 10" West, a distance of 8.04 feet to a point; thence South
20°58'40" Wesk a distance of 12.36 feet to a point; thence South 25°23'47" West, a distance of 72.70 feet to a point;
thence South 28°56'44" Erik a distance of 6.32 feet to a point; thence South 15°29'02" West, a distance of 81.47 feet to a
point; thence South 36°10'28" West, a distance of 9.34 feet to a point; thence South 38°28'44" Erik a distance of 5.80 feet
to a point; thence South 00°06'34" West, a distance of 69.38 feet to a point; thence along anon-tangent curve to the right
having a radius of 50.01 fcek an arc length of 28.23 feet and a chord bearing and distance of South 15°1T47" Wesk 27.8b
feet to a point; thence along anon-tangent curve to the right having a radius of 53.01 feet, an arc length of 42.94 feet and
a chord bearing and distance of South 09°54'47" Wesk 41.78 feet to a point; thence South 37°22'53" East, a distance of
4.29 feet to a point; thence South 30°26'21" West, a distance of 67.20 feet to a point; thence South 17°20'23" Wesk a
distance of 37.38 feet to a point; thence South 10° l 1'54" East, a distance of 6.23 feet to a point; thence along anon-
tangent curve to the right having a radius of 50.28 fcek an azc length of 34.24 feet and a chord bearing and distance of
South 15° 18'33" West, 33.59 feet to a point; thence South 26°ST53" Eask a distance of 21.79 feet to a point; thence South
61°43'17" East, a distance of 45.02 feet to a point; thence South 30°3T57" Erik a distance of 31.24 feet to a point; thence
South 63°04'07" Erik a distance of 17.56 feet to a point; thence South 44°09'34" Erik a distance of 49.00 feet to a point;
thence South 61°37'26" East, a distance of 40.06 feet to a point; thence South 59°48'37" East, a distance of 70.14 feet to a
point; thence South 36°OTOI" East, a distance of 53.66 feet to a point; thence South 37°01'34" East, a distance of 47.04
feet to a point; thence South SO°00'05" East, a distance of 40.11 feet to a point; thence South 21°51'25" East, a distance of
78.85 feet to a point; thence South OS°50'20" Wesk a distance of 92.82 feet to a point; thence South 06°41'15" West, a
distance of 66.96 feet to a point; thence South 07°45'02" East, a distance of 20.14 feet to a point; thence South 56°07'45"
East, a distance of 29.09 feet to a point; thence South 16°34'05" East, a distance of 94.79 feet to a point; thence South
27°51'38" West, a distance of 84.35 feet to a point; thence South 78°58' 18" East, a distance of 5.08 fcet to a point; thence
South 31°3T51" Eask a distance of 52.67 feet to a poim; thence South 38°52'1 l" East, a distance of47.07 feet to a point;
thence South 42°30'57" Erik a distance of 53.31 feet to a point; thence South 32°04'51" East, a distance of 61.95 feet to a
point; thence South 40°04'19" Erik a distance of 1.47 feet to a point; thence North 27°13'59" East, a distance of 65.92 feet
to a point; thence along anon-tangent curve to the right having a radius of 50.42 feek an arc length of Sb.67 feet and a
chord bearing and distance of North 50°09'46" East, 53.73 feet to a point; thence North 74°59'03" East, a distance of 6.35
feet to a point; thence North 43°57'36" Eask a distance of 19.38 feet to a point; thence along anon-tangent curve to the
right having a radius of 50.05 feet, an arc length of 46.03 feet and a chord bearing and distance of North 72°47'06" Eask
44.42 feet to a point; thence South 83°20'4T' East, a distance of 26.6! feet to a point; thence along anon-tangent curve to
the right having a radius of 50.16 feek an arc length of 65.78 feet and a chord bearing and distance of North 77° 17' 14"
East, 61.17 feet to a poirrt; thence along anon-tangent curve to the right having a radius of 50.00 feet, an arc length of
10.40 feet and a chord bearing and distance of North 32°24'48" Eask 10.38 feet to a point; thence along anon-tangem
curve to the right having a radius of 50.57 feet, an arc length of 21.65 feet and a chord bearing and distance of North
14°40'37" West, 21.48 feet to a point; thence North 11°03'21" Wesk a distance of 40.42 fcet to a point; thence along a
non-tangent curve to the right having a radius of 50.10 feet, an arc length of 40.07 feet and a chord beazing and distance
of North 08° 14' 10" East, 39.01 feet to a point; thence North 27°31'40" East, a distance of 54.52 feet to a point; thence
North 58°43'11" East, a distance of 35.74 feet to a point; thence North 40°01'26" East, a distance of 18.84 feet to a point;
thence North 23°26'50" East, a distance of 64.40 feet to a point; thence North 81°2t'34" Erik a distance of 35.20 feet to a
point; thence South Ol °25'25" East, a distance of 153.00 feet to a point; thence South 35° 12'42" West, a distance of 34.38
Page 12 of 16
4371 '
1186 BOOK 13 ~! ~. PAGf i ~. ~ 6
feet to a point; thence South 44°37'57" West, a distance of 11.09 feet to a point; thence South 13°20' 15" East, a distance
of 31.15 feet to a point; thence South 08° 16'09" West, a distance of 87.86 feet to a point; thence South 52°17'21" West, a
distance of 120.08 feet to a point; thence along anon-tangent curve to the right having a radius of 56.88 feet, an arc
length of 30.62 feet and a chord bearing and distance of North 83°48'45" West, 30.25 feet to a point; thence North
83°20'47" West, a distance of 45.58 feet to a point; thence South 43°57'36" West, a distance of 19.12 Beet to a point;
thence South 74°59'03" West, a distance of 9.09 feet to a point; thence South 13°23'20" West, a distance of 6.94 feet to a
point; thence South 51°04'59" West, a distance of 21.59 feet to a point; thence South 27° 13'59" West, a distance of 14.97
feet to a point; thence South 10°01'06" West, a distance of 82.04 feet to a point; thence along anon-tangent curve to the
right having a radius of 54.75 feet, an arc length of 27.54 feet and a chord bearing and distance of South 48°28'00" West,
27.25 feet to a point; thence South 14°08'11" East, a distance of 44.60 feet to a point; thence South 16°tT49" West, a
distance of 44.55 feet to a point; thence South 08°58'47" East, a distance of 26.93 feet to a point; thence South 00°05'20"
West, a distance of 40.07 feet to a point; thence South 14°16'47" East, a distance of 52.86 feet to a point; thence South
08°30'26" East, a distance of 53.30 feet to a point; thence continue southerly along said line, a distance of 1.61 feet;
thence South 72° 13'28" East, a distance of 0.45 feet to a point; thence continuc easterly along said line, a distance of 17.78
feet; thence along anon-tangent curve to the right having a radius of 100.00 feet, an arc length of 88.06 feet and a chord
bearing and distance of South 47°15'08" East, 85.24 feet to a point; thence South 50°ST06" East, a distance of !03.31 feet
to a point; thence South 64°17'04" East, a distance of 55.09 feet to a point; thence along anon-tangent curve to the right
having a radius of 10050 feet, an arc length of 82.15 feet and a chord bearing and distance of South 46°35' 1l" East, 79.88
feet to a point; thence South 20°49'39" West, a distance of 134.64 feet to a point; thence North 55°ZT08" West, a distance
of 285.23 feet to a point; thence West, a distance of 385.53 feet to a point; thence North 86°23'59" West, a distance of
24353 feet to a point; thence North 02°58'38" West, a distance of 93.49 feet to a point; thence South 85°39'33" East, a
distance of 19.75 feet to a point; thence South 55°46'21" East, a distance of 55.46 feet to a point; thence North 79° 17'45"
East, a distance of 58.55 feet to a point; thence along anon-tangent curve to the right having a radius of 100.12 feet, an
arc length of 59.94 feet and a chord bearing and distance of South 80°4T37" East, 59.05 feet to a point; thence South
60°52'58" East, a distance of 72.44 feet to a point; thence North 57°50'28" East, a distance of 16.79 feet to a point; thence
North 74° 13'35" East, a distance of 33.63 feet to a point; thence continue easterly along said line, a distance of 21.45 feet;
thence North 29°43'52" East, a distance of 7.00 feet to a point; thence North 50°58'40" East, a distance of 33.56 feet to a
point; thence continue northeasterly along said line, a distance of 43.31 feet; thence North 74°55'07" East, a distance of
87.11 feet to a point; thence North 82°08'31" East, a distance of 85.32 feet to a point; thence North OS°30'26" West, a
distance of 50.44 feet to a point; thence North 14° 16'47" West, a distance of 60.88 feet to a point; thence North 00°05'20"
East, a distance of 45.03 feet to a point; thence North 08°58'47" West, a distance of 42.29 feet to a point; thence North
16°17'49" East, a distance of 38.66 feet to a point; thence North 15°4T39" West, a distance of 53.03 feet to a point; thence
North 17°31'57" West, a distance of 31.99 feet to a point; thence North 40°04'19" West, a distance of 43.15 feet to a point;
thence Notch 32°04'51" West, a distance of 32.52 feet to a point; thence South 62°25'32" West, a distance of 7.51 feet to a
point; thence South 69°26'38" West, a distance of 22.46 feet to a point; thence South 74° 14'56" West, a distance of 18.12
feet to a point; thence South 64°44'49" West, a distance of 35.03 feet to a point; thence South 86°38'01" West, a distance
of 39.72 feet to a point; thence along anon-tangent curve to the right having a radius of 55.07 feet, an arc length of 38.88
feet and a chord bearing and distance of South 37°08'05" West, 38.07 feet to a point; thence South 82°08'05" West, a
distance of 29.04 feet to a point; thence South 52°01'59" West, a distance of 26.81 feet to a point; thence South 76°03'18"
West, a distance of 14.86 feet to a point; thence along anon-tangent curve to the right having a radius of 50.06 feet, an
arc length of 54.99 feet and a chord bearing and distance of South 68°45'02" West, 52.27 feet to a point; thence North
82°40'46" West, a distance of 36.17 feet to a point; thence North 71°16'41" West, a distance of 49.37 feet to a point;
thence North 50°35'57" West, a distance of 54.18 feet to a point; thence North 72°15'46" West, a distance of 4.98 feet to a
point; thence North 48°51'22" West, a distance of 33.12 feet to a point; thence North 73°18'05" West, a distance of 6.88
feet to a point; thence North 86°04'38" West, a distance of 20.64 feet to a point; thence South 56°25'40" West, a distance
of 1.94 feet to a point; thence along anon-tangent curve to the right having a radius of 50.50 feet, an arc length of 42.67
feet and a chord bearing and distance of South 88°42'08" West, 41.41 feet to a point; thence North 02°58'38" West, a
distance of 130.91 feet to a point; thence South 29°04'42" East, a distance of 3.92 feet to a point; thence South 76°29'24"
East, a distance of 8.20 feet to a point; thence along a curve to the right having a radius of 50.00 feet, an arc length of
34.20 feet and a chord bearing and distance of South 56°53'36" East, 33.54 feet to a point; thence South 86°04'38" East, a
distance of 51.29 feet to a point; thence South 73° 18'05" East, a distance of 41.05 feet to a point; thence South 48°5 L'22"
East, a distance of 34.11 feet to a point; thence South 72° 15'46" East, a distance of 0.63 feet to a point; thence South
50°35'57" East, a distance of 57.04 feet to a point; thence South 72°55'32" East, a distance of 16.47 feet to a point; thence
Page 13 of 16
1371 '
1187
soak 13 "r ~ ~acE 1 8 7
North 34°22'40" East, a distance of 3.29 feet to a point; thence North 76°03'18" East, a distance of 32.32 feet to a point;
thence North 52°01'59" East, a distance of 32.65 feet to a point; thence North 82°08'05" East, a distance of 1031 feet to a
point; thence North 29°58'54" East, a distance of 12.47 feet to a point; thence North 54°51'57" East, a distance of 42.78
feet to a point; thence North 86°38'01" East, a distance of 55.83 feet to a point; thence North 64°44'49" East, a distance of
7.51 feet to a point; thence North 71°15'01" West, a distance of 32.95 feet to a point; thence North 59°32'09" West, a
distance of 26.04 feet to a point; thence North 04°23'35" East, a distance of 32.47 feet to a point; thence North 54°51'09"
West, a distance of 56.31 feet to a point; thence North 07°37'28" West, a distance of 20.86 feet to a point; thence along a
non-tangent curve to the right having a radius of 50.01 feet, an are length of 52.36 feet and a chord bearing and distance
of North ! 5°52'54" West, 50.00 feet to a point; thence North 12°59'41" East, a distance of 47.35 feet to a point; thence
North 23°36`22" East, a distance of 73.17 feet to a point; thence North 15°ST34" East, a distance of 32.82 feet to a point;
thence North 54°15'58" East, a distance of 14.33 feet to a point; thence North 09°59'21" West, a distance of 24.04 feet to a
point; thence North 06°41' I S" East, a distance of 81.17 feet to a poittt; thence North OS°50'20" East, a distance of 62.02
feet to a point; thence North 27°26'46" West, a distance of 30.28 feet to a point; thence North 35°41'18" West, a distance
of 24.51 feet to a point; thence North 42°22'05" West, a distance of 58.08 feet to a point; thence North 26°51'08" West, a
distance of 33.71 feet to a point; thence North 62°45'42" West, a distance of 43.52 feet to a point; thence North 57°59'35"
West, a distance of 56.43 feet to a point; thence North 42°58'25" West, a distance of 43.67 feet to a point; thence North
68°15'27" West, a distance of 32.87 feet to a point; thence North 25°39'15" West, a distance of 16.82 feet to a point;
thence North 28°49' 15" West, a distance of 17.93 feet to a point; thence North 61 °43' 17" West, a distance of 47.78 feet to
a point; thence North 26°ST53" West, a distance of 45.23 feet to a point; thence North 37°58'19" West, a distance of
40.08 feet to a point; thence North 04° 18' 18" East, a distance of 11.49 feet to a point; thence along anon-tangent curve to
the right having a radius of 50.13 feet, an arc length of 56.93 feet and a chord bearing and distance of North 46° 14' 19"
West, 53.92 feet to a point; thence North 09°31'48" West, a distance of 20.56 feet to a point; thence North 20°17'42"
West, a distance of 31.08 feet to a point; thence North 19°02'31" East, a distance of 5.30 feet to a point; thence North
47°29'25" West, a distance of 0.22 feet to a point; thence along anon-tangent curve to the right having a radius of 50.01
feet, an arc length of 78.80 feet and a chord bearing and distance of North 03°20'09" West, 70.90 feet to a point; thence
along anon-tangent curve to the right having a radius of 50.01 feet, an arc length of 78.06 feet and a chord bearing and
distance of North 84° 13'49" East, 70.37 feet to a point; thence North 54° 13'50" East, a distance of 45.66 feet to a point;
thence North 22°51'51" West, a distance of 2.34 Feet to a point; thence along anon-tangent curve to the right having a
radius of 50.91 feet, an arc length of 60.17 feet and a chord bearing and distance of North 21 °50' I3" East, 56.72 feet to a
point; thence North 38°28'44" West, a distance of 5.64 feet to a point; thence along anon-tangent curve to the right
having a radius of SOSO feet, an arc length of 43.87 feet and a chord bearing and distance of North OS°31'24" West, 42.50
feet to a point; thence North 11°17'37" East, a distance of 25.74 feet to a point; thence North 33°40'08" East, a distance of
25.29 feet to a point; thence North 16°37'20" East, a distance of 113.13 feet to a point; thence North 24°48'33" East, a
distance of 40.30 feet to a point; thence North 20°58'40" East, a distance of 33.84 feet to a point; thence North 47°49'10"
East, a distance of 0.62 feet to a point; thence North 17°43'20" East, a distance of 123.96 feet to a point; thence North
50°38'47" East, a distance of 12.99 feet to a point thence North 10°38'49" East, a distance of 5838 feet to a point; thence
North 24°23' 16" East, a distance of 54.66 feet to a point thence North 02°42' 16" East, a distance of 34.81 feet to a point;
thence North 31°3T56" East, a distance of 24.67 feet to a point; thence North 03°54'12" West, a distance of 1533 feet to a
point; thence North 27°44'29" East, a distance of 16.95 feet to a point thence North 06°48'07" West, a distance of 101.10
feet to a point; thence North OS°02'25" East, a distance of 49.84 feet to a point; thence along anon-tangent curve to the
right having a radius of 50.50 feet, an arc length of 34.45 feet and a chord bearing and distance of North OS°59'09" East,
33.78 feet to a point thence North 33°35'51" East, a distance of 15.53 feet to a point thence North 22°42'38" East, a
distance of 58.79 feet to a point; thence North l5°12'28" West, a distance of 56.98 feet to a point thence North l0°55'10"
West, a distance of 7.93 feet to a point; thence North 06°37'52" West, a distance of 63.46 feet to a point; thence North
24°37' 17" West, a distance of 32.14 feet to a point; thence North 11 °58' 15" West, a distance of 76.49 feet to a point;
thence North 26°02'20" East, a distance of 3.09 feet to a point; thence continue northeasterly along said line, a distance of
5].23 feet; thence North 72°26'50" West, a distance of 2.52 feet to a point; thence North 51° 18'02" West, a distance of
11.12 feet to a point; thence South 48°39'54" West, a distance of 5.54 feet to a point; thence North 85°23'32" West, a
distance of 3753 feet to a point thence continue westerly along said line, a distance of 1.81 feet; thence North 87°57'44"
West, a distance of 107.29 feet to a point; thence North 78°08'21" West, a distance of 44.67 feet to a point; thence North
40°01'15" West, a distance of 86.38 feet to a point thence South 83°40'47" West, a distance of 53.30 feet to a point
thence South 84°58'54" West, a distance of 17.68 feet to a point; thence South 73°18'37" West, a distance of 33.00 feet to
a point; thence South 87°07'35" West, a distance of 50.45 feet to a point; thence North 80°02'07" West, a distance of
Page l4 of t6
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41.59 feet to a point; thence North 69°01'06" West, a distance of 10.14 feet to a point; thence South 61°44'14" West, a
distance of 18.22 feet to a point; thence along anon-tangent curve to the right having a radius of 56.84 feet, an arc length
of 29.41 feet and a chord bearing and distance of South 32°55'41" West, 29.08 feet to a point; thence South 76°08'44"
West, a distance of 44.55 feet to a point; thence South 55°04' 17" West, a distance of 26.30 feet to a point; thence South
49°40'34" West, a distance of 27.19 feet to a point; thence South 56°56'27" West, a distance of 60.20 feet to a point;
thence along anon-tangent curve to the right having a radius of 50.50 feet, an arc length of 27.67 feet and a chord bearing
and distance of South 80°42' 15" West, 27.32 feet to a point; thence South 63°46'17" Wesk a distance of 70.28 feet to a
point; thence South 84°51'59" West, a distance of 59.13 feet to a point; thence South 86° 13'47" West, a distance of 57.59
feet to a point; thence South 88°27'16" West, a distance of 21.81 feet to a point; thence South 67°35'35" West, a distance
of 23.25 feet to a point; thence along a curve to the right having a radius of 50.00 feet, an arc length of 44.76 feet and a
chord bearing and distance of North 86°45'42" West, 43.28 feet to a point, thence along anon-tangem curve to the right
having a radius of 52.30 feet, an arc length of 11.90 feet and a chord bearing and distance of South 89°53'07" West, l 1.87
fcet to a point; thence along anon-tangent curve to the right having a radius of 50.44 feet, an arc length of 70.92 feet and
a chord bearing and distance of South 87°13'17" West, 65.22 feet to a point; thence South 88°53'22" West, a distance of
1.67 feet to a point; thence along anon-tangent curve to the right having a radius of 53.12 feet, an arc length of 3.26 feet
and a chord bearing and distance of North 77°41'55" West, 3.26 feet to a point; thence along anon-tangent curve to the
right having a radius of 50.00 feet, an arc length of 56.52 feet and a chord bearing and distance of North 68°42' 11" Wesk
53.56 feet to a point; thence along anon-tangent curve to the right having a radius of 50.00 feet, an are length of 58.23
feet and a chord bearing and distance of North 42°36'24" West, 54.99 feet to a point; thence North 87°35' 17" West, a
distance of 12.90 feet to a point; thence Nordt 03°14'04" Welk a distance of 28.93 feet to a point; thence South 74°50'58"
East, a distance of 17.40 feet to a point; thence along anon-tangent curve to the right having a radius of 50.00 feet, an arc
length of 80.13 feet and a chord bearing and distance of North 65°36'22" Erik 71.83 feet to a point; thence along anon-
tangent curve to the right having a radius of 50.00 feet, an arc length of 39.08 feet and a chord bearing and distance of
South 74°45'48" Easy 38.10 fcet to a point; thence along anon-tangent curve to the right having a radius of 53.12 fcey an
arc length of 8.95 feet and a chord bearing and distance of South 80°24'31" East, 8.94 feet to a point; thence along anon-
tangent curve to the right having a radius of 54.77 feet, an arc length of 0.24 feet and a chord bearing and distance of
South 43°57'32" East, 0.24 feet to a point; thence along a non tangent curve to the right having a radius of 50.29 feet, an
arc length of 35.99 feet and a chord bearing and distance of North 74°06'38" East, 35.23 feet to a point; thence South
79° 13'04" East, a distance of 15.79 feet to a point; thence North 78°49' ] 4" East, a distance of 5.40 feet to a point; thence
North 89°21'29" East, a distance of 20.84 feet to a point; thence North 88°27'16" East, a distance of 61.79 feet to a point;
thence North 86° 13'47" East, a distance of 54.37 feet to a point; thettce North 84°51'59" East, a distance of 38.73 feet to a
point; thence North 63°46' 17" East, a distance of 44.84 feet to a point; thence North 57°28'22" East, a distance of 29.15
feet to a point; thence South 86°25' 19" East, a distance of 18.02 feet to a point; thence North 58°04'56" East, a distance of
28.01 feet to a point; thence North 48°30'02" East, a distance of 25.54 feet to a point; thence North 55°04' 17" East, a
distance of 36.97 feet to a point; thence North 10°17'22" West, a distance of 3.23 feet to a point; thence North 61°44'14"
East, a distance of 116.18 feet to a point; thence along anon-tangent curve to the right having a radius of 50.01 feet, an
arc length of 45.39 feet and a chord bearing and distance of North 86°21'34" East, 43.85 feet to a point; thence South
69°01'06" East, a distance of 23.30 feet to a point; thence South 80°02'07" East, a distance of 20.06 feet to a point; thence
North 87°OT35" East, a distance of 38.87 feet to a point; thence North 70° 19'04" East, a distance of 26.31 feet to a point;
thence North 81°38'08" East, a distance of 18.45 feet to a point; thence North 84°38'46" East, a distance of 30.49 feet to a
point; thence North 29°49'57" West, a distance of 82.73 feet to a point; thence North 87°46'27" East, a distance of ?6.23
feet to a point to the Point of BEGINNING containing 736,493 square feet or 16.91 acres, more or less.
Conservation Ares 3
Being all that certain tract of land containing 2.18 acres, located in Baldwin Township, Chatham County, North Carolina,
and being more particularly described as follows:
Commencing at an existing iron pipe on the southern right-of--way of Manns Chapel Road (SR 1532); thence South
00°16'07" East, a distance of 841.85 feet to the Point of BEGINNING; thence Notch 33°20'07" East, a distance of 40.46
feetto a point; thence Notch 79°16'17" East, a distance of 41.57 feet to a point; thence North 34°04'01" East, a distance of
36.67 feet to a point; thence North 72°08'47" Easy a distance of 106.38 feet to a point; thence South 56°51'19" East, a
distance of 20.17 feet to a point; thence North 48°52'57" East, a distance of 32.87 feet to a point; thence continue
Page I S of 16
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northeasterly along said line, a distance of 58.66 feet; thence North 65° 18'24" East, a distance of 27.72 feet to a point;
thence continue northeasterly along said line, a distance of 47.58 feet; thence North 81 ° 14' 14" East, a distance of 83.21
feet to a point; thence North 88°22'40" East, a distance of 35.29 feet to a point; thence North 85°58'18" East, a distance of
36.30 feet to a point; thence East, a distance of 19.60 feet to a point; thence South 82°21'35" East, a distance of 41.00 feet
to a point; thence North 54°26' 14" East, a distance of 19.23 feet to a point; thence North 45°OT 14" East, a distance of
25.36 feet to a point; thence North 45°51'15" East, a distance of 22.45 feet to a point; thence North 53°15'43" East, a
distance of 31.65 feet to a point; thence North 45° 18'30" East, a distance of 55.03 feet to a point; thence North 51°07'36"
East, a distance of 14.79 feet to a point; thence North 32°49'33" East, a distance of 7.10 feet to a point; thence North
15°24'44" East, a distance of 40.19 feet to a point; thence North 19°41'55" East, a distance of 154.57 feet to a point;
thence South 02°39'53" West, a distance of 290.06 feet to a point; thence South 53°41'22" West, a distance of 48.96 feet
to a point; thence South 53° 15'43" West, a distance of 24.23 feet to a point; thence South 36°44'42" West, a distance of
17.00 feet to a point; thence South 49°01'06" West, a distance of 38.00 feet to a point; thence South 55°42'46" West, a
distance of 46.66 feet to a point; thence along anon-tangent curve to the right having a radius of 50.02 feet, an arc length
of 30.36 feet and a chord bearing and distance of South 71 °35'0 t" West, 29.89 feet to a point; thence North 76°25'46"
West, a distance of 27.17 feet to a point; thence North 82°21'35" West, a distance of 35.44 feet to a point; thence West, a
distance of 9.40 feet to a point; thence South 85°58' 18" West, a distance of 34.88 feet to a point; thence South 88°22'40"
West, a distance of 7.02 feet to a point; thence South 81 ° 14' 14" West, a distance of Sb.51 feet to a point; thence South
65°18'24" West, a distance of 44.84 feet to a point; thence South 46°17'54" West, a distance of 55.32 feet to a point;
thence South 40°25'57" West, a distance of 25.11 feet to a point; thence continue southwesterly along said line, a distance
of 20.07 feet; thence South 77°47'20" West, a distance of 51.75 feet to a point; thence coninue westerly along said line, a
distance of 15.96 feet; thence North 56°51' 19" West, a distance of 27.14 feet to a point; thence South 72°08'47" West, a
distance of 24.18 feet to a point; thence South 34°04'01" West, a distance of 43.79 feet to a point; thence Sauth 79°16'17"
West, a distance of 40.82 feet to a point; thence South 33°20'07" West, a distance of 72.98 feet to a point; thence South
62°34'50" West, a distance of 30.59 feet to a point; thence South 37°34'11" West, a distance of 23.81 feet to a point;
thence North 00° 16'07" West, a distance of 150.50 feet to a point to the Point of BEGINNING containing 94,824 square
feet or 2.18 acres, more or less.
Page 16 of 16
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0226
FILED
CHATHAM COUNTY
REBA G. THOMAS
REGISTER OF DEEDS
FILED Nov 26, 2007
AT 02:14:50 pm
BOOK 01372
START PAGE 0226
END PAGE 0232
INSTRUMENT # 15093
Prepazed by and after recording return to:
Kilpatrick Stockton LLP (CAB) gpp~ ~ ~ "l ~ PASE ~ ti ~
3737 Glenwood Ave., Ste. 400
Raleigh, NC 27612
DECLARATION OF COVENANTS AND RESTRICTIONS -RIPARIAN AREAS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Restrictive Covenant"), is made
on this2,/~day of November, 2007 by NNP-Briar Chapel, LLC, (the "Declarant");
WITNESSETH:
THAT WHEREAS, the Declarant is the owner of certain property located in Chatham County, North
Cazolina, constituting approximately 10 acres, more or less, which is more particularly described on Exhibit A
attached hereto and incorporated herein by this reference (the `Property"); and
WHEREAS, for the purposes of this Restrictive Covenant, the "Conservation Area" within the Property
shall mean the following wetlands, streams, and riparian buffers:
(a) All perennial and intermittent streams located on the Property;
(b) All wetlands regulated by the Department of the Army ("DOA") as waters of the United States
under the Authority of Section 404 of the Clean Water Act and implementing regulations, as may
be amended from time to time;
(c) The following riparian buffers (cumulatively referred to hereinafter as the "Riparian Buffers"):
100-foot buffers on either side of all perennial streams, measured from the top of bank;
ii. 50-foot buffers on either side of all intermittent streams, measured from the top of bank;
usxoaa ssme~.i
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iii. 50-foot buffers on either side of all ephemeral streams shown of the Soil Survey maps
and having a drainage area of more than 25 acres, measured from the centerline of the
stream; and
iv. 30-foot buffers on either side of all ephemeral streams shown of the Soil Survey maps
having a drainage area of between 10 and 25 acres, measured from the centerline of the
stream.
Notwithstanding the foregoing, the "Conservation Area" shall not include wetlands, streams, and
riparian areas authorized for impacts in accordance with the following permits issued to the Declarant.: (a)
DOA Permit No. 200121252 dated October 2, 2006, and (b) North Carolina Department of Environment and
Natural Resources, Division of Water Quality ("DWQ") Certification No. 2005-0732 dated May 9, 2006
(collectively, the "Permits").
NOW THEREFORE, the Declarant hereby unconditionally and irrevocably declares that the Property
shall be held and subject to the following restrictions, covenants and conditions, as set out herein, all of which
aze for the purpose of enhancing and protecting the value, desirability, and attractiveness of the real property
and to comply with the Permits, to run with the subject real property and to be binding on all parties that have or
shall have any right, title, or interest in said property.
1. Purposes. T'he purposes of this Restrictive Covenant aze to maintain, restore, enhance, and
create wetland and/or riparian resources in the Conservation Area, as more particulazly described below, to
contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat,
wildlife habitat, and recreational opportunities; except as otherwise provided herein, to maintain permanently
the Conservation Area in its natural condition, consistent with these purposes; and to prevent any use of the
Conservation Area that will significantly impair or interfere with these purposes, all in accordance with the
Permits.
2. Permitted Uses. The Conservation Area shall be owned, exclusively controlled, and maintained
as far as practicable, in its pristine and natural state in perpetuity; provided, however, that notwithstanding
anything to the contrary in this Restrictive Covenant, the following uses shall be permitted in the Conservation
Area to the extent they do not directly impact waters of the United States (the "Permitted Uses"):
(a) Any use of the Conservation Area as expressly permitted in the Permits or as otherwise may be
required by Declarant to comply with the Permits or other regulations or requirements of DOA, DWQ, or
other governmental agencies with jurisdiction over the Conservation Area;
(b) Use of the Riparian Buffers as follows:
Construction on pilings including without limitation elevated walkways, roads, or utility
lines;
Water dependent structures;
Signs, security lights, and flag poles;
US209093277E1 1
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eaoK 13 ~ 2 ~c~ ~ ~
• Utility lines where no practical alternative exists;
• Passive recreational activities with very low impact walking trails with no impervious
surface that aze located at least thirty feet from the edge of the stream;
• Paved trails up to eight feet in width that are located at least fifty feet from the edge of
perennial and intermittent streams, provided that the buffer as a whole is extended a
distance equal to the width of the trail;
• Clearing and re-vegetating the stream buffer for the purposes of improving its pollutant
removal efficiency, provided that no such clearing is allowed within 30 feet of a stream;
• Clearing, grading and filling within the buffer in connection with road construction
provided that affected areas are revegetated;
• Removal of invasive species listed by the North Carolina Botanical Garden; and
• Desirable artificial stream bank or shoreline stabilization, as determined by Chatham
County.
3. Enforcement. This Restrictive Covenant is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army Corps of Engineers,
Wilmington District, and therefore may be enforced by the United States of America and Declarant. The
covettants and restrictions contained in this Restrictive Covenant shall be perpetual, shall run with the land, and
shall be binding on Declazant and its successors and assigns.
4. Restrictions on Use. Except as expressly reserved as a Permitted Use in this Restrictive
Covenant, the Conservation Area shall be maintained in its natural, scenic, wooded and open condition and
restricted from any development or use that would impair or interfere with the purposes of the Conservation
Area. The following uses are prohibited, restricted, or reserved as indicated:
(a) Prohibited Uses. Except for the Permitted Uses, all industrial, residential, and commercial
activities aze prohibited in the Conservation Area.
(b) Agecultural Timber Harvesting Grazing and Horticultural Use. Agricultural, timber
harvesting, grazing, horticultural, and animal husbandry uses of the Conservation Area, including the use of
the Conservation Area for cropland, waste lagoons, or pastureland, aze prohibited.
(c} Construction. Except for the Permitted Uses, there shall be no roads, buildings, signs, building,
facility, mobile home, or other structure constructed or placed in the Conservation Area for occupancy by
humans or for storage of equipment or materials not directly related to the operation and maintenance of the
Conservation Area for the Permitted Uses.
US700o 9577181.1
Page 3 of 7
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o22s BOOK 1 ~ (~ PAGE 2 2 9
(d) Dumnine. Dumping of soil, trash, ashes, gazbage, waste, abandoned vehicles, appliances,
machinery, or other material in the Conservation Area is prohibited.
(e) Grading. Mineral Use, Excavation. Dredeina. Except for the Permitted Uses, there shall be (i)
no grading, filling, excavation, dredging, mining, or drilling for mineral resources on the Conservation
Area; (ii) no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials from the Conservation
Area; and (iii) no change in the topography of the land in any manner except as necessary for the purpose
of combating erosion or incidental to any conservation management activities consistent with the purposes
of the Conservation Area.
(f) Streams Wetlands, Water Quality. and Drainage Patterns. There shall be (i) no pollution or
alteration of water bodies; (ii) no activities that would be detrimental to water quality or that would alter
natural water levels, drainage, sedimentation, and/or flow in or over the Conservation Area or into any
surface waters, or cause soil degradation or erosion; (iii) no diking, draining, dredging, channeling, filling,
leveling, pumping, impounding, or related activities; and (iv) no 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
outside of the Conservation Area by any means, removal of wetlands, polluting or dischazging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited, except activities to restore or
enhance natural hydrology or manage stormwater as pemutted by state or any other appropriate authorities.
(g) Disturbance of Vegetation and Natural Features. Except for the Permitted Uses, there shall be no
cutting, removal, mowing, harming, or destruction of any vegetation in the Conservation Area or
disturbance of other natural features in the Conservation Area except for selective cutting and prescribed
burning or clearing of vegetation and the application of approved pesticides for fire contaimnent and
protection, disease control, restoration of hydrology, wetlands enhancement and/or control of non-native
plants.
5. Additional 13i¢hts of Declarant. Declarant shall have the right to undertake or continue the
Permitted Uses on the Conservation Area. No provision of this Restrictive Covenant shall be construed to
impair the ability of Declarant to sell the Conservation Area or Property subject to this Restrictive Covenant or
to use the Conservation Area or Property for collateral for borrowing purposes, provided that any mortgage or
lien azising from such loan shall be subordinated to this Restrictive Covenant. Any deed to secure debt, deed of
trust, or mortgage affecting any portion of the Conservation Area or Property shall at all times be subject and
subordinate to the terms of this Restrictive Covenant, and any party foreclosing any such deed to secure debt,
deed of trust, or mortgage, or acquiring title by deed in lieu of foreclosure, shall acquire title subject to all of the
restrictions and covenants of this Restrictive Covenant.
6. Transfer of Conservation Area and Property. Nothing in this Restrictive Covenant shall
preclude Declazant from imposing additional easements on the Conservation Area or Property or conveying any
interest in the Conservation Area to a donee eligible to hold property for conservation purposes within the
meaning of Section 170(h)(3) of the Internal Revenue Code and the regulations promulgated thereunder.
7. Amendment. This Restrictive Covenant may be amended, modified, or terminated by Declarant
or its successors or assigns only with the written consent of DOA and DWQ.
US2000 9527381.1
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eoaK 13 r 2 NacE 2 3 0
8. Interpretation. This Restrictive Covenant shall be construed and interpreted under the laws of
the State of North Carolina. Any ambiguities herein shall be resolved so as to give maximum effect to the
conservation purposes of this Restrictive Covenant.
9. Termination. If it is determined that conditions on or surrounding the Conservation Area have
changed to such an extent that it becomes impossible to fulfill the purposes set forth in this Restrictive
Covenant, a court with jurisdiction may, at the joint request of Declarant, DOA, and DWQ (or their respective
successors and assigns) terminate the covenants and restrictions in this Restrictive Covenant. If a condemnation
of a part of the Conservation Area or of the entire Conservation Area by a public authority or other authorized
entity renders it impossible to fulfill any of these purposes, the covenants and restrictions in this Restrictive
Covenant may be terminated through such condemnation proceedings.
10. Severabilitv. If any covenant or restriction of this Restrictive Covenant is found to be invalid,
the remaining provisions of this Restrictive Covenant, and the application of such provision to persons or
circumstances other than those as to which it is found to be invalid, shall not be affected thereby.
[Remainder of Page Intentionally Left Blank. Signature/Notary Page Follows]
uszaoo ssnse ~. ~
Page 5 of 7
1 X72
Q231
B~DK 13"~ ~~d6~ ~3~
IN WITNESS WHEREOF, the undersigned has executed the foregoing instrument the day and year first
above written.
Declarant:
NNP- iar hap LLC
By:
Its• ~ f.
STATE OF NORTH CAROLINA
COUNTY OF Q u C~.t'~^
I, the undersigned, a Notary Public of the County and State aforesaid, certify that the following person(s)
personally appeared before me this day, and
I have personal knowledge of the identity of the principal(s)
I have seen satisfactory evidence of the principal's idcntity, by a current state or federal
identification with the principal's photograph in the form of a
^ A credible witness has sworn to the identity of the principal(s);
each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated: Y~(\ ~ C~ ~rr~h r ~SS~ yP
Date: V ~ ~ ~.e.~..~(QQ Q~~- 1~
~P ~,(Q~~~ 1~C~1~ Notary Public
(print name)
(official seal) My commission expires: ~G 11 ~ . ~~~
KEI
gE1Mr CEO
OIMII~ OEIE~
EIIrM a Elww OoE~
rr conwnaWon EupN« Jan:. f~t~
uszooa ssxnsi.~
Page 6 of 7
1372
o2a2 BOOK ~ ~ r(~ FAGE ~ ~ ~
Exhibit A
BEING ALL THAT CERTAIN TRACT OF LAND CONTAINING 10.00 ACRES, LOCATED IN BALDWIN
TOWNSHIP, CHATHAM COUNTY, NORTH CAROLINA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT AN EXISTING CONCRETE MONUMENT BEING THE SOUTHEAST CORNER OF
LOT 4 (PLAT BOOK 2003, PAGE 111); THENCE FROM POINT OF COMMENCEMENT, SOUTH
8b°23'59" EAST, A DISTANCE OF 243.53 FEET TO A NEW IRON PIPE BEING THE POINT OF
BEGINNING; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 379.47 FEET TO A NEW IRON PIPE;
THENCE SOUTH 56°07'48" EAST, A DISTANCE OF 290.23 FEET TO AN EXISTING IRON PIPE;
THENCE SOUTH 54°04'33" WEST, A DISTANCE OF 287.68 FEET TO AN EXISTING IRON PIPE;
THENCE SOUTH 22°35'51" WEST, A DISTANCE OF 194.73 FEET TO A POINT; THENCE SOUTH
04°21'22" WEST, A DISTANCE OF 206.02 FEET TO AN EXISTING IRON PIPE; THENCE SOUTH
86°21'20" WEST, A DISTANCE OF 170.77 FEET TO AN EXISTING IRON PIPE; THENCE NORTH
80°14'17" WEST, A DISTANCE OF 102.80 FEET TO AN EXISTING IRON PIPE; THENCE ALONG A
NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 615.00 FEET, AN ARC LENGTH OF
485.36 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 64°40'34" WEST, 472.86 FEET TO
AN EXISTING IRON PIPE; THENCE SOUTH 33°34'38" WEST, A DISTANCE OF 116.52 FEET TO AN
EXISTING IRON PIPE; THENCE NORTH 24°07'20" EAST, A DISTANCE OF 454.78 FEET TO A NEW
IRON PIPE; THENCE NORTH 25°18'58" EAST, A DISTANCE OF 656.48 FEET TO THE POINT OF
BEGINNING CONTAINING 435,555 SQUARE FEET OR 10.00 ACRES, MORE OR LESS.
U5200°932776i.1
Page 7 of 7