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HomeMy WebLinkAbout20050732 Ver 06_More Info Received_20071207• 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 USACE 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 modification request, which makes commensurate preservation of the aquatic features questionable. Please not that in accordance with 1 SA NCAC 2H .OS02 (fl, 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. Please fmd the attached "Agent Authorization" forms that were included with the initial Individual Permit Application in Apri12005. Additionally, please fmd 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, <- Sean Clark Attachments: 1) DWQ letter dated November 8, 2007 ,~ ~ ~-~ t' { 2) Agent Authorization Fonns 1 `' ~1 3) Recorded Restrictive Covenants for Briar Chapel Subdivision L' ~, (, ® Z ~ ~ T CC: Mr. Eric Kulz (NCDWQ Raleigh Regional Office) ; y i ,~ zj;:q ~ , J 4LI1 i Mr. Monte Matthews (USACE) `ii~"il!'ir i4 f ~j , ~<~u~, k-~ ~ ~,1,~~i0b Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E L~wndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704)720-9406 Fax: (336)540-8235 ~~~ w ArF~ p ~~ y r > _~ o < 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: NOV 14 2007 . 8'y: foil & Errr4rvnmentai Cm~sultants. PA f ~~ ~ 3 4~ ~ ~~; t t ~d~r C~=~ C w ZOQI ~ `rJ~ rift' 3~IItdeY?a.k.i(~' ~l ~l~a ~. .. ~~,,..=:a,~~s ~~~A~9i,.-lt The Division of Water Quality (DWQ} is in the process of reviewing your request for anafter-the-fact modification to the 401 Water Quality Certiftcation 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 Mai] 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 NO°0 Carolina ~tura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/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, ~~ 5 ~L~'~~~~~ C?~~ 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 03:49p Newland 03/01/2005 16:59 FAX gvww.SandF.C.oom .AGENT AUTHORIZATION' FORM All Btank:~ Ta Se Filled Tn B The Current LSndowne 919-545-9250 p.2 lQ 00+1 oil ~;, E.nviranx~.en.tal Consu~.tants,. PA 114 Raven Ri~3ga Road Raleigh, North Caroiiaa 27614 1"hone: (9]9) 846-5900 Fro: (919} 846-94b7 ~Na» ~ n~N P- 4R-thR.- c,t-t~(~~Z LLB.. . Address: {~ C~ 6O~ l~'~ (~ . _ ~ l TTS [3c~~-o , c~ 213 ~ Z Phone: ~t ~ 5 . S ~' S - ~' 2 v c7 Project Name/Description: ~~E~2-G~~EC-. ~1 t'if'S ~U~ 4`~G . Date: ______'~' ~ ~~ TYie Uepartnnent of the Army U.S. Army Corps oft Engineers, W'iluvngton District ~ ~r, ~ ~" ~-;~, , P.O. Box 1690 ~~ ~ ~-~ ~~~ , ~?~~ t 3,~r';' 'N~'ilmirigton, I~?C 28402 ~s- ,= i., ; a a~, ,~:'+ ~ ,_4t~, b Attn: ~ ~' ~i-; (' %O~~I °e~ ,~~, Field Of£tce: ~ ~+ rt~?I a ~ ~ ~ < ~~~ )Ze: Wetlands Related Consultinl; and Permitting . ~,~qnc,, Tv Whom It May Concern: 1, the current o e ownet°, hereby designate and authorize Soil & En~vironnnental Consultants, PA to actin my behalf as aiy agent in the processeng of peratit applications, to furnish upon request supper ~tal nnformafion in supg~ort of applications, ehc. from this day foxwaxd. The ~ ~` day of c This notification supersedes any previous correspondence canceiniclg the agent for this project. 1`'OT1C6: This autharizltiaa, fcmr liability and professional courtesy reasons; Ys valid only for government offic~iale to enter the prnpe;ty whey accompanied by Sl~HC staff. You should call S&FC to anartge a site meeting pLior tw visiting the site. • 'DA,~Z r'1'1- '~A(~~ . Print Property Owner's ?Name ~~ ~`~- Prvpe~rty £hNxtet's Signature cc: Ms. Cyndi Karoly cc' ~ ~ n~vir~onkmental~Cansultants, PA NCDENR - Dv'JQ• •Z32~ Crabtree Boulevard Raleigh,l~TC 27604 ~ ~ .. C]farie~ O cc- [".n.n,.clw~ao OffiG~ 236 LePlrillip Comb Suioe C 3817-E I.avanaalt Dri+ae Concord. NC 28023 Gnemsboro, ZtC 27455 Phones f7~) 7za94os Phame:~ (936) 540.8234 Faz: (704) 720-9406 Fsx: (936) 340-8235 Mar 24 05 03:48p Newland 919-545-9250 p.3 03/01/2005 16:58 FA% ~yuv~ Sox1~8~.. ~.nvironme~ta•~. Consu~.ta~a,ts, PA 11010 haven Rx~ge Road Raleigh, Narda Caivtma 296!4 -Prone: (9l9) 84Cr590a mac: (919) 846-9467 ' waw.SaudEC.coAr ' .4GENT A'[TIHOFJZATI01~ FOILM ' AIL Blanks To Be Filled In >3v The Gilrrerlt Landowner •Name: Cameron Properties, Limited Partnership & Five Star Group, LLB . Address:PC Box 3649 Wilmington, NC_2$4Q6 Pnane 910-762-2676• • ProjectIVame/Description: Briar Chapel, Pittsboro NC Date: 3 • l'l - v~ '['fie Departatent of the Army . u.s_ army Corps o~ Engineers, wilmingtan District - • P.O. Box 1840 . Wilmington, NC 28402 ..~ .,. '. Field Office: ' (e~ ~, . lte: Wetlands Related Gox1su11ing and Perautting . To Whom It May Concern: X, tl~e current vronertv owner, he~teby designate and authozize Soil 6t Environmental Consultants, PA to actin my behalf as my agent in the processing of permit applications, fYi fuxnisli upon ~.u,~t supplemental inforuzation iri sxlppart of applications, etc. Ezom this day Forward. There,, da}~ of /j~rc~, ' !firs notification supersedes any previous correspondence concesning the agent fox this project , NOTICE: This anthonzatioin, fc~r liability and prufessianal. courtesy reasons; is valid o,aly for govP~*nant o~fEicixls to e~ltelC thr. pmpetty when accompanied by SdtEC staff. Y n should Call SBr~C to arrange a site meeting prior to visit3ag the site. • _Cameron Properties. L~' & Five ,,Star Grou LLC ~''~ t • ~-- Print Fropezty C7wner's Name ~ Property pvmez~s Signature ' cc: Ms. Cyndi Karoly cc: Mr. Sean Clark NCDENR - DWQ• Soil & Environmental Consultants,l'A 7321 Czabtree Boulevard RaXeigh, iVC 27604 •• 296 L.ePHi2lip C0'tut, Suite C 3817-8 Iawndalc Drive Concord. NC zsazs Greensbocv, HC 27455 Phone: (704) 720-9405 Plume:' (336) 540.823a Pax: CtOa) 72a940b las: (33~ 540.8235 Mar 24 05 03:48p Mewland 03/01/2005 16:58 FA% 919-545-9250 p.4 1p,3 U U J Soil ~c E.r~viro~x~e~n.ta•1 Consultants, PA 110L0 Raven itiiga Road • RaleigL, Noah Camliaa 27614 1}hone: (919) 846-5900 Fax: (419) 8469467 • www.Saad33C.coen 4GENT AUTFiOZtIZATION FORM All Blanks To Be Filled In By The Current Landowner Name: Bruce B: Cameron Address: P_ n_ Box 3 6 4 9 • Wilmington, NC 2846 Phone: 910-762-2676 - ' I'r~ajectName/Description: Briar Chapel, Pittsboro NC ' Date: 3.11 0 5 TF-e Department of the Army U.S. Azmy Corps of Extgineers, ~ ilmington District ' P.O. Box 1890 ~~' ~ ~'~' 4~.~ ~' stf%~ '° # ~ Wiluungton, NC 26402 i.°' ~°'.° t ~ ~ `' ^°~ ~~~ ~• ~ ,, •~~ Attn: IO Be ~~~e~ ~' "- C &' [ U 0 7 Field Office: - Re: Wetlands Related Consiz3ting and Permitting . ~ 1~a~ ' `,' ~" '~'` ~~"`' °~-"~2>1~ae_:F+ Tv Whom It May Concern: 1, the current roe owner, lle~eby designate and authorize Soil dti Bnvironrxtes~tal~ Consultants, PA to actin my behalf as my agent in tY~e processing of permit applications, too famish upon request suppleulent information in support of applications, etc. from this day forwaxd. The /7 ~- dap of /,h~ _ This notification supersedes any lareviaus correspondence concernung the agent for this project . NOTICE: This authorization, fo~c liaBility and professional coartesy reasons, is valid only for gaverumeat officials to enter the property when accompanied by S&EC staff. You should call S&EC to axringe a site isteeting p>~-ar to visiting the site. Bruce B. Cameron Print Property Owner s Name Property Owrtel's Sig~natur+e • cc: Ms. Cyndi Karoly cc: ~ ~ F~n~onmental Consultants, PA 1tiTCDEIVR - DWQ• •2321 Crabtree Boulevard _ Raleigh, NC 27644 •• ~IA[3eUC Ce: ~~ d~10s 236 LePhilliF Court Suite C 3617 ~ Lawndale Drive. Concord. NC 28025 GraccsbotR NC 27455 Pharle: (704? 720-9405 1'hont:` (336)540-8234 Fax: (704)'72(3-9406 Fax: (336)540-SZ35 Mar 24 05 03:48p Newland 03f01/2405 16:59 PAIf 919-545-925D p.5 ~vua Soil ~ E.nviroxi~rn~xa.ta•l. Co~a~.sul.taxits,~ PA 11014 Raven iti~dge Roved RsFeagh, North Carolina 27614 - phone: (919)846-5900 -Fax: (919) 846-9467 ' www.SandEC.com ' .GENT AU~'HOR7ZATIOIV FORM .All Blanl~s To Be Fled Ix- By The CUrre~tt t~andowner •N~; Betsy McLeod ___ Addxess• 1 2 2 Ivy Ave . Chesterfield~•SC 29709 _ Phone: 843-623-2564 FrojzctI~Tame/'Description: Briar Chapel, Pittsboro NC Date: ,_ 3 21,E 7 F ~ ~` The Depazlment of the Army ,-a,, ~ ~ ! "°' " r i ~ ~ o r~ t : r U.S. Army Corps of Et>gizseers, Wilmington District ~tih~; " ~,r . P.O. Box 1890 ~' ~. Wilz~nixigtan, Nc as~oz ~, ~•~ C. ~ ~ 2007 Attn: ~et'®t ~~~x,~l~ :+-rani +~~n~~~w ~.,'.,~~C,i~t'f Field Office: - ~~~nz~• Re: Wetlands Related Consulting and Pernutting . 1'o Whtirn It May Concezn: Y, the current ro er owner,l~eseby designate and authorize Soil do Environulentat Consultants, FA to act in my behalf as my agent in tl'~e processing of permit appl%ations, to furnish upon n_ques3`~ sup~~~al information in support of applications, etc. from this day' forward. The .... -~ I da~- of This notffication supersedes any larevious correspondence concerning the agent for this project . NO'iZC>r: This auth~o=izatioin, foK liability and professional courtesy reasons, xs valid vsly faa• government offic~.als to Inter the gropetty when accomganied try S&EC staff_ You shotild caU S&cSC to arrange a site meeting gniar to visiting the site. Frint Property Owner's 1~7anse Property er's Signatare cc: Ms. Cyndx lCaxoly cr. ~ & Er-v~ironmental`Consuktants, PA NCQEI~IR - DWQ' •Z321 Crabtree Boulevard • Raleigh, NC 27604 •• ~,. ~hs~~na cNFca• r,.~,~ ot~ 236 I,ephilTia Couit~ Suitt C 3817-E Y nwadale Ddve Coaooatl, NC 26025 Cxaeaaboxo• NC 27455 Fhoa~ (704) 720.9405 Fhos-e: (336) $40-8134 Fax: {704)720-9406 Fax: (336) 540-8235 1261 . /l 0731 FILED CHATHAM COUNTY REBA G. THOMAS REGISTER OF DEEDS FILED Oct 16, 2006 AT 01:03:36 pm BOOK 01291 START PAGE 0731 END PAGE 0750 INSTRUMENT# 13830 Prepared by and after recording return to: Kilpatrick Stockton LLP (CAB) 3737 Glenwood Ave., ste. aoo 800K ~. `~ 9 ~. PAGE "~3 ~ Raleigh,l3C 27612 DECLARATION OF COVENANTS AND RESTRICTIONS -RIPARIAN AREAS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Restrictive Covenant"), is made on this 1~_ day of October, 2006 by NNP-friar Chapel, LLC, (the "Declarant"); WITNESSETH: THAT WHEREAS, the Declazant i the owner of certain property located in Chatham County, North Carolina, constituting approximately$.1SS~res, 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': i. I00-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 ssxnei.i Page I of 7 1261 ,a 0732 ~oo~ 12 9 ~ Pa~E 7 3 2 iii. 50-foot buffers on either side of al] 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 Declazant.: (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 • shag 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 amactiveness 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. Purmoses. The 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 pemutted 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; usxooo assnsi,~ Page 2 of 7 1291 ;, 0733 BOOK 12 91 PAGE ~ 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 areas are revegetated; • Removal of invasive species listed by the North Cazolina Botanical Crarden; 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 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, Crrazina 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. U520009527781.7 Page 3 of 7 1291 :s Q734 600K 12 9 ~ PAGE '7 3 4 (d) Dum in .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, Dred ina. 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 Oualiri, and Drainase 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 Ri¢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 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 Declarant 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 i70(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. U5200D 9527381.1 Page 4 of 7 1291 0735 BGOK 12 9 ~ 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 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. 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 ciroumstances other than those as to which it is found to be invalid, shall not be affected thereby. [Remainder of Page Intensionally Left Blank. Signature/Notary Page Follows] U5300099273Bi.1 Page 5 of 7 1291 ;, 0736 BOOK ~ .2 91_ PAGE "7 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 13y: Its:~yc. ~/. STATE OF Na-4t~ ~~wa COUNTY OF ~u,lnrnn ' 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; Y+'1~~G, ~'~R., ~ Date• ~ (lIdA2 '71ra.~ ~lc.lG~ ~~ ~, ~L ~,~-. Notary Public (print name) (official seal) My commission expires: 9 ~tl~2ol0 aptARY WK'S U$20D09517l61.1 Page 6 of 7 1291 : ~ .. o7s7 BOOK ~ 2 91_ PAGE 7 3'7 Exhibit A [Legal Description or Survey of Property Owned by NNP-Briar Chapel, LLC within the Proposed Briar Chapel Development] US19W 951'n{).) Page 7 of 7 291 eaox 12 9 i P~~~ "7 3 8 Exhibit A Lying sad baiag situate is Chatham County, Borth Carolina, and being more particularly desosibed ar loliors: Camaroa PzOpertiae et al Tract Tract 2: Being thst 2?8.92 acres, more or lean, parcel o! land located and situate in Baidxin Township, Chatham Coaaty, Borth Carolina, baiag a portloa o! the lead aoawyed to Camssaa Propestiaa, Limited partnership, Daaiad D. Cameron, Jr., and Pius Star Group, L.L.C. in Dead Book 833, page 752, sad baiag shoxa u "Treat }-" oa a snbdivisioa gist entitled ~eriar Chapel - xap 8, property o[ Cameron properties, Limited Partaesship, Daniel D. Cameron, Js., sea Tivs star Group, L.L.C.' prepared by The John R. 1lcadams Caepany, Sea., dated June 17, 2005, sad last revised July 22, 2005 sad reaozded is Plat S11de 2005, Paga 262, Chathaa County Aagistsy. Bnrgeas Tract: That Certain LraaC o! land lying in Baldwin Township, Chatham County, Borth Carolina sad being more partionlarly dsaoribed w follawa: Comsenaiag at as ezistiag nail at the centerLiae iatezeeation o! IIadreo Btore Road (elate Road 1598) sad parker Herndon Road (state Road 3526)t theme along t1u aenterlina o! acid )mdsws Btore Road Borth 52.33'54" Meet 21.62 last to the 8onthera aornrr of Bandra Tripp (Dead Book 880, Page i19)t thence oantiaatag along the centetliw o! ]Indrsw Btore Rcad North 52.33'54" K~at 356.52 Lest to a potatr thence North 52.55.03" Meat 193.77 last to a poiatf thsnca North 54.00'3D* Meet 67.90 lest to tbs point o! BEGIBBIIIGt thence aoatiauing along and with the centerline of hadsws Btosa Road North 54.00'30" Kest 51.73 !sett thsmaa along the uo o! a si~1e aurvs to the !aft having a radius o! 1,390.00 feet, a length o! 535.04 lent sad a chord o! North 64.49'46^ Neat 521.93 lent to a railroad spike at the eoatheast corner of Glaadaie S. Carpenter (plat 811de 95, page 177)1 thwas leaving the ceatarliae of 7ladrars store Road and following the eutarn Line o! said Cezpeatar Borth 00.26'41" Meet 31.01 lent to an iron pipe is the aarthrrn right o! ray liaa o! 1ladrsws Store Roadr thecoe North 00.26'42" Keat 178.21 last to an iron pipet thence North 00.26'41^ 96.56 tact to an iron pipet thaace North 79•]8'28^ M.at 208.86 !set to an iron pipe oa the eastern line o! H. Hnrtoa Carpenter (Dead Book 513, pass 864)1 thence along the eastern iitte o! acid H. Barton Carpenter North DO.2?'42" Kest 320.88 lent (pissing as iron pipn et 146.08 lest) to a rebus at the southern Downer o! John 8turdivaat (Deed Book 413, pegs ?OS}t thaace along the lice o! acid Sturdivaat North 41.47'11" Raot 186.98 lest to a poiatt thecae North 29•I2'4B" Bast 493.37 leer to a aw iron pipe oa the southern Tina o! Braoe B. Cameron (Deed Book 833, Page 754)1 thaaoe along said Line o! Cameron 8onth 89.48'09" Bast 2,141.72 lest to a Pointr thecae Beath 72.21'19^ East 394.38 teat to a poiatt thence South 48.35'15^ East 70.65 lent to as iron pipes thanos South 55.47'18^ East 154.48 legit t0 as iron pipe? thanca South 77.14'49" East 151.80 last to as isaa pipet thecae south 72.00'11" East 97.24 fast to as iron pipet thenoe Bosth 60.43'56" East 97.47 lent to as iron pipet thence Booth 87.38'21" East 148.09 lest to as iron pipe an the restssn line o! Naaap L. 1)oore (Deed Bock 602, Paga 107)r thecae with said Lisa o! Noore 8onth 04.38'11^ Kett 787.66 teat to as iron gips on the reatara line o! paadly Kailnau sad Rsoovezy Sasvioes o! B.C., Iao. (Deed Hoek 776, Page 583) sad being the northeutara ooraar o! C.L. a Thcmas Durhas (Deed Book 295, Page 183).1 thenoe 8ontb 89.26'45^ Kist 1,266.10 !set to a aer iron pipe at the ~1~~ aoaK 12 91 pasE 7 3 9 northeast eoraar o! Jeea C. Tripp, at al. (Deed Beck 512, Paga 912)1 thence with the northern iiae o! said Tripp Bonth 89.46'4S" Nut 469.69 last to as axle) thence Boneh 01.37'07".East 313.87 last to a metal blade at the bass of a 48 inch oaks thaaae North 89.58.08^ Noel 382.98 iaet to as iron pipe) thecae North 89•S7'07" xrst 121.90 last to the aortheasteza corner o! Sandra Tripp (Dead Book 880, Page 419)e thanoe aioag aorthsra lino o! Laid saadrs Tripp forth 89.57.07• x~at 677.79 lest (passing as iron pipe at 28.14 feet) to as iron pipe oa the northern sight-ol-way o! the aloremaaeioned t<adrewa store Aoadt thenoe aoatiauiag aioag said lice North 09•S7.07" lust 51.11 last to the point sad plaaa of BEO171NSN0, aoatsiaiag 92.17 sores, morn or sees, or abowa by the plat o! survey prepared by The Joha 8. 7taMams Caaspaay, iao. dated Stay 9, 4002 sad eatitlad, •'Eriar Chapel - Property O! Theso T. Eurgeas," to which plat relereaoe is hereby made !or a sore partioular description. Clark Tract That aertnia tract of land lying is Baldwin Township, Chathas County, North Cerolina sad 6eiag pore pertieularly described as tollwts~ EEI1(O all of Lot 2 as chows by the plat of survey entitled, `BRIJIR CSI~PEL - NaP 4, "' prepared by Tha John R. NCadess Company, tac. sad of record at Plat Slide 2002-368, Chatham Ceuaty RsgisCry, to which plat relareaae 1a hereby pads !or a morn partiaalar desariptioa. Tripp Traatt That certain traot o! land lying is Baldwin Township, Chathas County, North Ceroliaa sad being sore partionlatly desazibed ae lollows~ Ca~enaiag at as ezistiag sail at the aeatarline iatersaotion of ladrexs Btore Road (state Road 1528, a 60 loot public right o! way) and Parker Eerndoa Road {State Road 1326, a 60 loot public right o! way) thecae along the ceatariiae o! said lndrews store Road North 52.33'54" Nast 2i.62 lest to the soothers corner o! Baadrs Tripp, recorded is Dsed Book 880, page 419, said being the POINT OP BEtilENrifOt thence leaving oeaterlias o! 1-odrews Store Road sad lollowing the casters line o! said eandra Tripp North 32.21'50" East 30.12 feet to as iron oa the northern right o! way of 74tdrswe etose Roadt th~ace aontinw along said liaa worth 32.2I'S0" East 411.49 teat to an iron on the sovthera iiae o! Theo T. Burgess, raaerded in Dead Hook 411, Paps 393) thence along the said line o! Hurges0 South 69°S7.07" East 121.90 loot to an iranJ thaaas South 69•SB•OB^ Sast 382.98 leak to a atetal blade at the bass a! s 40 snob oakJ tbeaoe North 01.37'07" Nest 313.87 teat to as axles thanoe North 89`26.45" bast 269.69 lent to a now iron at the nosthweat ooraar o! C. L. F Thomas Durham, recorded is Dead book 295, Yaga 1031 thaaae south 01.07'06" Eset 1,212.60 fast to w point oa the aorthera right of way line o! ~adrews Htore Roads theaaa aaatiaoe along said liaa aroasing aadrews Htose Road Routh 01'07'06" East 64.33 !Nt to a point Oa the sovthera sight of way line o! aadreas 8tora Roads thaaoe eoatiane aioag said liaa South 01.07.06" East 768.96 Teat to as isont thence lollawiag leaoa sad pasture liaa South 00.31.08" East 804.46 teat to a points t)uaee South 66.22'54" Nest 8.08 lest to a saw lice at a northeasterly corset o! Nitta D. Pearriagtoa, reoorded in Dud Hook 649, Paga 1591 thecae along northerly lino o! said Pearrington Earth 57.00'18" xart 349.66 leek to a 4B inch QovbL poplar tree, the aorthaastera aoraer o! 6. B. Parker, as chows on plat Slide 89, Pags 3551 thsnoe North 09'01'85" Nast 1,884.64 fast to as iron at the nostheasteza corner o! Reba P. enllivaa, as shoats 291 X740 BOOK ~ 2 9 ~ PAGE ~ Q O on plat elide 33, page 98t tbenoe running Borth 00.58'55" Fart 29.72 tat to a aampated.poiatf thecae Borth 81.57'32" Rest 231.18 last to a computed points thence 8osih 35.17'07• Rert 25.92 feet to a computed point is the eutera booadary o! the right of xay al Parker 8eradon Aoadf thecae running along and rith the southern boundary o! the right o! wap of Parker Herndon Aaad the lolioring six courses cad diatanoess (i) aonateraloakrise along the arc o! a cisaie having a radius o! 2,510.00 lest and a ahoz$ bearing o! Borth 4S•08'35" East a distance o! 261.50 !sett (11) ]forth 42.09'30• East 462.56 !sett (iii) Borth 42.21'18* East 119.10 !sett (iv) eomteraloakwiae along tbs azc of a aisle having a radius of 1,949.35 lest and a chord baaziag o! 8ozth 38.47'45" East a dlstaaaa o! 242.19 !nett (vl Borth 35'14'11" Sut 110.18 !sett cad (vi) !north 34.2b'SO^ East 98.04 !self thence leaving the ronthera boundary of the right o! ray o! parker Saradoa load cad crossing raid Parker 8eradoa Road r0aaiag Borth 66.42'56" !tart 745.66 [ut to a rabas is the eastern line o! the parcel car or formerly belonging to Jpsie p. Parker (Deed Book J-M, page 5?6)f thence smsaiaq Moxth 01.22'1S• Nest 289.42 lest to a rebar at the southeut corner o! the paroei nor er lormerly belonging to Carey E, cad Janailer x. carpenter (aced Book 565, page 232)t thence running Borth 00.28'06" Rest 670.97 !ut to a rebar at the southwest oorasr o! the parcel now or lozmarly belonging to tobsrt D. Riadsor, Jr. iDeed book 514. Page 522)1 thence rnnsing Routh 89.57'07• Rest 666.01 lest to m iron is the routhera boandasy o! the sight of way of 1lndrews Stars Roads thecae sunaia9 8anth 89.57'07" tut 51.11 feet to a oosputed point is the aantsrliae o! raid ~ndrerr etose Roadr thence running along sad rich the ceaterliae o! 7ladrewr Store Road the lol2awiag thrar courses cad distaaaesc (i) Routh 54.00'30` East 67.90 lNtf (ii) South SZ•55'03" last 193.7? !sett and (fii} South 52.32'54• East 356.52 last to the plane and point o! SEAIR8IE0 sad being s11 0l that 110.08 nose. sore or less parcel, shown ar the property o! Jena C. Tripp, et ai. by t)u pint o! survey entitled `Brier-Chapel-Jena C. Tripp, et al. property" prepared by Tha John R. Mc3dsme Company, Ina. cad dated 2~pri1 17, 2002, to rhiah plat relerenaa is hereby cads lar a sore particular derariptiea. Csutahlield Tracts u.L of Tzaat 1, coatainiag 2.80 cases, saoordiaq to a plat aatitlad `Briar Chapel-Map 1 8ubdivisioa o! Killian 7-aroa Crutohiisld" prepared by Jahn R. Mclldams Caspsay, Ian. dated aecenber 18, 2001 cad reaosded is plat Blide 2001-494, Chatham County Registry, to which reiereaas is hereby wade !or a more partian2ar description. Dollar Treat - parcel l s Being alt of 1sER Lot 2, oontsining 4.26 acres, sore or leas, as shown oa a map cad anrvey yreparsd by the Joha R. ltrilda_ Gompaay, Ina., dated March 18, 2003, and sntit2ad `Brier Chapel-Map T, Subdivision of Z.C. Dollar property" and recorded on plat Biide 2003, page 111, Chsstham County Registry, to which relereaae is made for a mo=a partioniar desariptioa o! same. Taylor Tractc Beiaq all o! Ner Parcel 1 as shown oa plat. o! survey antitiedBriar Chapel-Map 3, subdivision of Taylor Heirs Property' prepared by Twin 8. Banaom, p.L.B. cad zeaordsd in plat Book 2002, page 250, Chatham County Registry, to which releranae it made for a sore partiauler description o! sane. X291 X741 eoox 12 9 ~ PA~~ '~ 41 Dollar Treat - Paraal 4e eaiag all o! sEM Lot 3, ooataiaiag 5.79 gazes, more or lass, u shown oa asap and anrwy prepared hY the John R. 11o7-dass Company, Ina., dated parch 19, 2003, gad entitled ^Briar Chapel-Nap 7, 8nbdivisioa of I.C. Dollar Pzopsrty gad zeoorded oa Plat Slide 2003. Page 111, Chatham County Registry, to which referents is lade for a sore particular dssosiptloa a! eases. Dollar Sweat - Parcel 3e eaiag all o! Lot 4, aoatainiag 5.90 acres as shown oa the plat recorded on Pla! Slide 2003, Paga 111, Chathas County Registry, to wbiah relaranas fs suds !or a more particular desariptioa o! seas. Percy F~asriagtoa ?rant: That certain tract of load lying in Baldwin Taraship, Chathaa Comity, North Carollaa gad bsiag more ptrtioularly dasarlbad es lollowsi BEOIHEIE3 at sa iron stake loaatad Booth 00.16'17' east 5T.94 het tram the soathreet aoraer of the parcel shorn as ?seat 1 by the plat of survey o! regard at Plat Blida 2002, Page 183, Chathss County Ragistsy gad rvnniag crones Booth OD•16'17^ Bast 39.04 fact to an iron staked thanes ruaaing South 00.14'22y East 22.34 fast to sa isoa etake~ theacr raaaiag South 87.32'43• Msse 106fi.43 leer to an iron ataicet cheats rnaaiag Aarth 05.23'18' ll~at 61.38 last to an iron stake: thaace znnaing North t7.12'43M East 1071.94 feat to the PLACE L~ POTNT O1- 8EOI1®ING gad being all o! that pastel above as Recombination Brea (to be rsooabiaad from Parasl 2 into Parcel 1) aaataiaiag 1.505 sores more or less all as shove by the plat o! survey entitled •Sriar Chnpai Property oL Lase Taylor Heirs Proposed IIeaosbiaatioa Tract" pzepazad by the Joba R. IIO]1dw Company, Ina. and of regard at Plat Blids 2003, Page 344, Chatham County Registry to which plat relereacr is hereby lade for a sore particular desariptioa o! same. Czisp Tracts eeiag those parcels of lead located is Baldwin gad srilliass Svrnships, Chatham County, Eosth Carolina shorn as ?roots 1-6 on a survey entitled 'Property of Fred E Setty Crisp - LBCM/LLTa,Lead ?itla Survey," partorsad by The John R. Naadams Cospany, Igo., last revised on January 16, 4004 having a total get ores of 103.53 acres gad being sore partianlarly described as loilara: Sract 1s eeginaiag at the aoutherasost corner o! that oertaia parcel now or Sormerty owned by Chathas County, regarded is geed Hook 460, Page 6691 said po1aE being oa the asistiag westata sight o! way o! 0.8. Highway 15- 501 (100 loot public right o! ray): thence alarg said right o! way o! SS- 501 along the era of a aurv~ to the right having a radius o! 921.70•leet, as era length o! 317.63 lest and a chard o! Booth 50.46.52• Nest 316.06 feats thanaw along the era o! a gurus to the right having a radius o! 1390.OD het, a length o! 207.96 Peet gad a chord o! South 64.56'22 1P~st 20?.77 leet~ thaaca South 69.13'32" iP~st 587.42 leetj thence along the arc o! curve to the lelt having a radius o! 1046.45 last, a laagth a! 91 42 BQQK ~ 2 9.1_ PAGE '7 4 2 164.91 fees cad a chord of Beath 61.58.24' tract 264.20 faett thence Borth 78.34.54" Meet 57.79 Net to a point on the esetera right o! ray o! Taylor Road (ltaq Road 1549, a 60' pnblio right o! ray)t thecae along said sight o! ray o! Taylor Road Morth 31.01'17" Mist 299.91 tacit thecae along the arc o! a curve to the left hsviag a sadins of 1124.63 lNt, a length o! 455.38 !wt cad s chord o! 1lorth 43.40.37" Msat 452.76 feett thence Borth 52.19'46' Mist 373.51 leett theaoe along the era o! ourve to the right having a radius o! 970.00 feet, a Iength o! 71.32 leaf cad chord of Borth 50.13.23" Nisi 71.31 loot to the southwst corner of that certain parcel nor or formerly ewaed by James Pearriagton, zsoorded is Deed Sook 176, Osgs 4891 thence South 89.5917" Bast 332.88 lest to a point st the sonthwst corner o! Herndon Woods Subdivisiaa, recorded is Plat Hook 9!, Rage 1971 ihenee Borth 89'54'37• East 977.49 legit to the aonthwst ooraer of that certain paroal aoor or lorasrly o+med by COiL, rsoorded is Dead Sook 455, Page 606t thsaos Borth 87.56.17" East 483.81 feet to the aosthrest corner o! the nloreaaniioaad Chathaa Conaty parcel (HCgI R11D 83 ]3.753,831.56', 8^1,974,382.41')r thecae loath 19.3753" West 169.88 leett thecae Soath 71°1844" Eaat 360.08 Lest to the 0021sT OP BBO2RLIZBG; aoataiaiag 23.18 sores, care or seas. Treat 4e Beginning at a potat oa the sziatiag eastern right o! vay o! II.B. 8ighwsy 15.501, said point being on the ner wstera right o! cap o! Taylor Road Bxtansioa, shorn oa e.C.D.O.T. Project Pica 8.1520104 R-942 8 cad being South 05'38.37" Mast 203.89 legit fzoa a acv iron pipe at the iaterseatioa of the existing rasters right o! vay o! II.B. 7Sighwy 15-501 sad the ezistiaq eartera sight o! ray o! Taylor Road] thence 1o11or1.nq tae said acv wstsra right o! vsy of Taylor Road Extension South 31'03.43" East 401.04 legit to s point on the acv waters right o! rap line of U.B. highwy 15-5011 thecae along asid right of rap oL II.B. Righwy 15-501 South 49.00'45' Meat 51.35 (sett thence South 65.30.31' Mist 168.63 legit) ihenoe South 58'59.22" Mist 113.17 feett thence aioag the era e! carve to the left having a radius o! 2001.31 lest, a length o! 775.63 lest cad a chord o! South 61.32'48' Meat 770.78 feett thence Korth 49.33'42' Mist 34.06 feet to the existing eastern right o! ray lice o! U.B. 8lghray 15- 5011 thecae loiloriag the said existing eastern right o! ray lice of U.B. Elghwy 15-501 Korth 32.43.19" Eat 985.01 feett thecae along the era o! carve to the right having a radius o! 825.00 [set, a length o! 137.89 teat cad a chord o! Eorth 37°27'49" East 137.73 leett thence lsorth 78.08'27" Belt 71.91 iNt to the POIBT OF BSOIB81B0, aoIItaiaing 5.41 agree, sore or leaf. Tract 3t Bsgiaaiaq at a point on the aer eastern right o! wy o! U.B. Sighwy 15- 501, ehova oa 81.C.D.O.T. Project Plaa 8.1520104 R-944 8, said point being on the southsra right o! wy o! Jack esawtt Roadt thecae along the asid right o! ray o! Jack Bennett Road South 84.34'31 Eat 13.21 lwtt theaos leaving said right of vay sad following the waters lice o! that certain psrosl nor or formerly Ovaed b1' Jimsy Robertson, recorded in Deed Book iG, Osge 573 South C2.54~10" Nest 897.40 fntt thecae South 33'26'42" X~st 907.11 legit to the northerly corner of Fearriagtoa eectioa II, recorded lti pint Book 13, Page 951 thwos Borth 3T•25'43~ Nest 517.88 feet to the northerly corner o! Pearriagtoa Sactioa Z, recorded is PSat Book 17, Paga 721 thence loath 47.51'39" West 990.23 leett thecae Booth 58.18'06• Meet 1,608.08 feet to a point ^t the southeast corner o! that certain parcel now or formerly owned by Bteve 113aond, recorded is Dsed 291 743 BOQK 12 91_ PAGE '7 4 3 Hook 398, Page 346t thence Borth 03.59'41 Neat 129.00 laett thecae Fosth 08.59'41• Heat 175.00 leett thence Borth 15.59'41" Nast 150.00 leett thaaae Borth 13.59'{iM Nast 50.8{ lest to a point on the alazaaoatioaed new eaatara right o! ray o! 0.8. 8lghwap 15-501t thence Forth li•06'26~ Bast 216.07 leett thecae Borth 59.32.28• east 80.5{ laett thence Borth 16'06.00' East 322.{8 leett tbsaoe aioag the erc o! a curve to the right havlag a radius o! 3690.94 lwt, a length o! 346.8{ lest cad a chord o! Forth 30•D4'07"' East 3{8.71 lean thence Forth 43'30.13'• East 116.88 lean thecae Eorih 15.18.32" East 55.93 Leett thecae alaag the arc o! a curve to the right having a sadiua of 1,837.27 last, an aza length o! 837.36 leer sad a chord o! Forth {9.40.34' Haar 825.16 lean thence Forth 8{•00'59• East 1{5.67 laett theaos lforth 56.40'14• =cat 259.1{ [Herr thecae Forth 84.37'50» Hut 204.38 laett thence along the arc of a curve to the 2elt loving a zadine o! 2,003.31 feet, as arc ieagth o! 238.59 leer cad a chard o! Eozth 59.14.03' east 238.45 [sett theaoa along the arc of a au[ve to the fart having a radius o! 2,001.31 last, an arc Ieagih of 280.10 lest uvd a chord of Forth 51.46.33" East 279.87 leetr thence Forth 7T•12.26N Sast 121.{3 lsstt thecae Borth 63.41'{1" east 212.00 leett theaaa Eorih 06.05'56' East 125.06 feet? thence along the arc o! a curve to the felt having a radlw o! 2,001.31 lest, as arc length o! 821.05 lest cad • chord of Borth 26.17'38' seat 815.30 feet? thecae Forth 32.01.14• East 200.09 leer to the Po2HT or HEaxFF1FO, coataiaiag 64.69 acrsa, more or iua. Tracts 4, 5 a 6: n.gi~~a„g at a point as the a:istiag eaatera sight of ray lice o! II.B. Highway i5-SO1, acid point being Bonth 51.08.3{" East 100.06 fact boat a point on the er3sting watarn right e! ray lice o! II.B. Eighway 15-501, acid polar being the caaw~oaa eastern corner o! that aertaia p:rosl nor or lortwrlp wn~d by Chathaa County. reoosded in Dead Hook 660, Page 669. and that aertaia parcel now or loraeriy owned by prod cad Betty Crisp, recorded in Deed Book 758, Page 7Tt thecoe Forth 67°36.52" Haar 50.01 feet to a peiat on the new weatesa rigIIt o! ray Iiae o! II.B. 8fghray 15- 401, ahowa w B.C.D.O.T. project Plaa 8.1510104 R-912 H, thence with said new western right o! way line o! II.B. Highway 15-501 along the ass o! a curve to the right having a radiw O[ 1830.70 lest, a length oL 359.88 lest cad a chord of Routh 25.01.42 Nset 359.30 (sett thaaaa Borth 39•{6.14'• Neat 26.50 lest to a ao®oa corner o! Treat S cad Treat 6t thecae eontiaviag along acid sight o! way Boutb 39.46.14' Nest 184.94 feet? thence 8oath 20.55'08 Nest 83.29 lhtt thecae Booth 51.43.33' Nast 150.50 feet? eheaae Routh 59.04.34" Nest 465.73 feet? Cheace Booth 69.58.26' Nest 15.37 lest to a ooamoon corner o! Treat { and Treat 5t thence Routh 69.58.16" Nut 75.09 last to a point oa the new eastern right o! rap lice of Taylor Road 8steaaion, shove on the above reLarencrd N.C.D.O.T. project plea, thence lollowiag the new eubrn sight o! way of ?aylor Road Sstaasion Borth 37.19.01" Nest 69.03 [nett thence 8brth 31.03'45 Nest 218.22 lest to a aav.soa aoraer o! Tract { and Tzaat St thecae Borth 31.03.45+ Nest 106.88 feet? thence North 13.37'02' East 102.97 lest to a polar oa the sxiatiag eastesa right o! way ilae o! II.e. Highway 15-50it thaaoe lollorang said eaetera right o! way lice oL II.B. SSghvap 15-502 alaag the era o! s curve to the right having a radina oL 946.45 last, a length o! 19T.94 last cad a chord o! Borth 63•la'05" Hest 197.58 l~stt theaoe Borth 69•-33.32" Hut 587.42 feet? thence along the arc of curve to the felt having a radiw o! 1490.00 legit, a length o[ 111.92 lest and a chord o! Borth 64.56.12' East 221.72 [eats Lheaaa along the arc o! auty~ to the islt having a rsdins oP 1021.70 feet, a length o! 73.62 last and a chord o! Borth 58.35.13" Hart 73.61 leer to a ootmroa 44 BOOK ~. 2 91_ PAGE '7 ~ 4 ooraer o! Treat S Gad Treat 6r thecae along tlu era o! a curve to the lelt having a endive o! 1021.70 lwt, a length of 282.04 Cwt Gad a chord o! Borth {8.36' S9"' tut 181.15 !wt Co the POIBT O~ BEGI71ltIDiO, ceataiatag 30.55 Gates, more or le^s. Bruce Cameron tract: Treat 1z BEG}I88ZE6 at as iron rhiah iron is the aosthwest aoraer o! the parcel nor oz loraerly oraad by John 8syxood (Deed look 454, Page 332? Gad thenoe zunaing South 00.33'00" Eart 195.38 feet to an front theme running South 00.32'23^ Sant !26.03 lest to sa front tbeaoe sunning Routh 00.42'66" Fart 366.93 feet to as front theaaa tanning along Gad rich the southern boundary of the psrael nor or formasiy owaad by Jrmss Rigrbw (Deed Hook 596, Page Z1) South 88.33'39" Hart ii81.42 feet to as iraat tbenae Booth 10'56'07^ Msst 179.09 twtt thecae South 36.37'36" Nest 21.91 lest; thsaae running aioag and Kith the eeatsriine e! a Greek the follariag aourws and dirtanass: 6onth 11•Z3'07* Ihat 191.42 lwtt Borth 31.13'57" Nest 109.52 lwtt South 16.07'21" Neat 114.16 !Nt and loath 02.45'54" Neat 87.23 fwtr thecae leaving the aeaterlias o! raid Greek and running Booth 85.12'10" Nest 500.00 iwt to sa isvnt thence running South 85.13'68" Neet 1879.59 !wt to an irony thecae sunning 8onth 00.43'11" East 65.95 festt thecae rumiag South 66.33'17^ Neat 94.90 faetr [henna rwnaiag South 62•{1'05" Meet 16.00 festr tbenos running South 01.18'55^ East 66.00 lwtr theaos running Booth 88.41'05" Nest 131.00 faetr thecae running llozth 55.06'59" Nwt 191.69 featr Cheaae running Borth 06.58'39" Neat 90.11 leetr thaace tanning Eosth 39.21'02" seat 121.45 lwtt thence rmraiag Forth 26.32'19" East 604.03 lwtt thence tanning earth 13.17'17" East ZT4.82 leett thaaae stimaiag 8osth 05.54'58^ Meat 164.79 lwtt thence tanning sorth 83.25'18" salt 185.94 leett thsaaa running Barth 76°56'34" East 147.94 !wt to as front thence running Borth 76°56'34" East 249.81 fact to a painted soak[ thanaa swaniag Eosth 15.05'30" East 1010.45 leet to as iraar thaaca running Borth 88.30'51" Bast 159.86 feat to a paiatnd reek; thenea tanning South 88.30'40" last 4I9.T1 fast to the place and point o! BEOTNEZ84 Gad being all of that 81.37 care, more or leas, traot ehora ar Tract i by the pint of survey entitled `Psoperty of !race B. Cssaron^ prepared by the John E. uo1-dass Campa~,, Ina., dated July Z0, 2005 and revised ~u].y 11, 1005, rhioh treat is the sane treat shorn as Treat 1 by the plat of survey o! record is Piat Book 2000, pages 284-285, Chatham Coaaty Registry. Treat 2r IEYiII'tl92Iifi at an iron rhiah iron is the northeastern most aoraauc o! Tzaat 1 as hersiaebev~ described Gad thence sunning South 01.33'16• Mast 1~6.08 feat to as front thence running Bauth 00.16'42^ Eut 177.90 !wt to as isonr thence simain8 Booth 00.16'55" East 90.05 !wt to as iron) Chance sunning Booth 78.00'56" Nest 236.oi leet to ac front thecae zvnniag Borth 83.07'54" Nest 518.01 feet to as front thecae znaaing Forth 65'12'70° seat 500.00 lest to a aaepnted point[ thecae svcaiag slony and rich the oeaeezliae o! a creek the lolloriag aourws and Qirtaacear Borth 02.45'54" East 87.23 leett Gad Borth 24.07'21» East iZ4.16 feet; Borth 32.13'57" cart ?09.52 feet[ Gad 2torth 11°13'07" Itaet 191.42 lest thence leaving the oraterline o! said creek Gad tanning Borth 34'37'36" Bast 21.91 lwtr thecae running north 10.56'07" EasC 179.04 Last to the place Gad point o! SEGIS9n18 Gad being all o! the 3.01 acts, sate or lets, tract shown as Tract 2 by tlu plat of suswy entitled "Propazty o! Bruce 291 745 BOOK ~. 2 9~ PAGE 7 4 5 B. Camezon'+ prepared by the John A. NoRdams Camptay, Inc., dated July Z0, 2005 sad rwised July Zi, ZOOS, which tract !s the ease treat shoes ss Treat 2 by the plat o! survey a! rsaord is Plat Book 2000, Pages 284-285, Chatham Covaty Yegistsy. Tract 3: H80INffiING at as iron located at the soutluast aornar o! the parcel Want oz formerly owned by )[iahael Bishop {Deed Book 568, Psg~ 694) and tbenos sunning South 00.17+17" Nest 193.02 tNt to an frost thanae ruaniag South 66.07+18" Nest 109.11 !NE to as iraat theaoe raaaiag NOrth 81.30+31" rest 665.05 lest to as front thence ruaaing North 00.16+{2" Neat 477.90 !Nt to as irOat theaas raaaiag Beath 88.16+{1" =eat 15].13 !Nt to sn front thsaae ruaaiag 8onth 01.00+03• asst 194.15 last to as iroat thence running North 89.16+04" asst 1]7.85 lest to as izoat thecae sunning ]forth 00.51+35• Eaat 19{.2Z fret to as iroat theaas rnaniaq Booth 8{•01+52^ Resat 296.33 last to ea front thence rnaaiag South 87.38+03" Bast 108.17 lest to the place and point o! BEfiI1HtIN01 cad being all o! Tract 3 aoataiaing 8.64 aazss, more or lase, u shown on the plat o! anrvsy entitled Property o! Bruoa B. Cassroa~ prepared by the Jobs R. Ifca~a-~ Company, Inc., dated July Z0, ]005 cad revised July Z1, 2005, which tract is the same tract shown s. Tract 3 by the plst o! survey of record is Plat Book 2000, Page 284-285, Chathas Connty Registry. TIACt 4i BEQIBNINO at ea 3roa ioaatad is the northezasost cosaar o! the property nor or formerly belaagiag to aurae Pielde (Deed Back 571, Page 511) cad theaas ruaaiag Boutb 61.05+SS" Maet 601.87 lNt to as front tbaace sunning South 27.55*O8" fart 120.05 lest to as iroat thecae suaniag eonth 6Z •06+55^ Nest 285.]3 lest to as front thecoe ruaalag South 61.0546• Nest 346.75 feet to an iroat thence ranniag 8onth 62.06•]{" Nsst 136.19 Lest to as front thence running Booth 62.05+53" rest {15.15 lest to as isoat thence rnaaiag Booth 62.07+59" Nset 58.73 feet to as iroat thecae ruaaiag North 00.34+{7" Bast 385.00 last to as isoat theacs zvaaiag ffiorth 00•I7+08^ East 371.0{ feet t0 sa front theaoe sunning North 00.17+17" East 493.01 !Nt t0 an isaat thecae stmaiag North 01.51+09" Esst 21D.14 feet t0 ai- izoat thecae svaoiag 8auth 89.23+07" East 1167.83 feet to as izoat thecae weaning Eorth 04•{0+58" Sast 22.{6 lest to as front kheaae North 0{•{D+58^ East 177.56 lest t0 as iroat thence sunaiag North 0{•{0'SBe East 128.38 Lett to a poiatt thsaoe running South 18.11+31" Bast 985.10 lest to a poiatt tbsaoe nianiag Boutb 65.05+SS• zest 50.66 feet to the plane cad point of 88.0=NNINO cad being all 0! Tract 4 aontainiag {0.94 acres, more or lua, as shown oaa the plat o! survey eatiiied `Property of Bruce B. Caseroa" prepared Dy the John ]t. NolWams Company, Inc., dated Daly 10, 2005 and revised July 21, 2005, which tract is the acme tract shown ss Tract { by the plat o! survey o! record is Plat Hook 2000, PagN 184-285, Chatham County slagiatry. Tract 5i ' BE62mtiliG at an iron located at the northwest corner of the pascal aer or forserlq )mown owned by Niahael Bishop (Deed Hook 568, Ptge 194) thecca running Booth 81.33+33^ Nest 2{6.97 lest to an iroat thence zuaniag South 20.25+25• Nest 156.89 leer to na iroat thanes ruaaing North 03.16+20" East 17.67 feet to an ireat thence runaiaq North 89.05+12" East 189.70 feet to the plane sad point o! BEOIffiNIffiO cad being all of Tract S coataiaiag 0.19 acres. mdse ar less, as shown oa the plat o! survey 251 746 cooK 1291_Pac~ '746 entitled `PSOperty o! axnce a. Cameron' yrepa;sd by the John A. 1[oAdama Company, Ina., dated July 10, 4005 sad revised July 21, 1005, rhiah tract is t1u same tract shoes ss Tract 5 by tLe plat o! susv~y o! record is Plat Dook 4000, Pagae 48i-4a5, Chatham County Registry. RBBERVIfiO AlID BiCEPT21Pg, 80iPEVaR, (i) suemants !os !agrees, egress, sad regress over, under, and across the foiloriag derar3bsd lead to sad lras Treats 8-l, H-1, C, D, and 8 oa Lhe abew subdivision plat raaerdsd in Plat nook 1005, Page 164, Chatham Crnmty Aegistzy, (ii) easmwts to pzavide streets, roads, utility Hasa sad ntility laeilitiss to sad lsam said property over, under, sad across the lolloriag d~scribad Iaad, (iii) eassmeats !er the inata2latioa, repair sad maiateaaaoe o! such streets, roads, utiiity iinea and/or ntility laoiiitiev over, under, sad aazoss the loiloriag dasaribed lead, sad (iv) easeaieats for the use o! nay improvements aonstrnated or planed oa, over, under, and/or aorass the lelioving dasaribed iaads Easement Traat~ir All those certain areas marked is yeller oa a asap entitled `arias Chapel Cameron Treats"' prepared by The Doha R. YaAdrms Company, Zan., dated April 16, 3005, rhioh map is marked `lavised Raster Plea gsuhmitted 7- 19-OS" and signed by bSitch earsoa and approved 7-49-OS by xi111am 8. Caaeroa, and all those aeztaia areas marked is yeilor oa a map eatitied -Property o! aruae 9. Cameron^, prepared by Tae Doha R. xaadm Coeipany, Ina., dated hngust 3, 1005, rLiah map ras signed by 111tch sarsoa as AngasE S. 3005, and approved August 8, 1005, by Gilliam 8. Cameros. Said areas are raaasved pnrs~unt to paragraph 6 of as iwaded and Restated Purchase and Sala Agreement betreea the parties o! the brat part end the party o£ the second part, dated August 5, 1005, the terms o! rhiah are inaorporaeed herein by rstesenoe. Z! t7u party o! tLe uooad part has not aoastruatsd stxaets sad zoada as said areas at the tine the parti~e o! the first part, their successors and assigaa, are entitled to sad desire to conetsnot streets, roads, utilities, sad/or ntility laailities ia, oa, over, or across such areas as provfded is the above Agreement, the pasties of the £iret part shall ba eatitiad to ioaate such areas is eucL locations as the parties o! the lizst part, is their reasonable diaaretioa, detess<iae to be the locations indicated oa the above map, such areas to have a ridth o! one hundred (1001 East. 8a-aeeat Tract 3: Coesiraciag aC the northeast corner of Tr:at 8 as shorn on the plat o1 survey hereinafter rs[erred to and throne running Boath 00.56'46" East 1359.59 lrrt sad south 00'86.46" East 310.90 teat to as isoaJ thanes sunning South 00.56'46^ Bast 141.47 teat to the place and point o! t»ginaiagJ thence rsaalag South 89.53.38^ 9Psst 7.31 lptJ thence znaalag BontL 83.37'55^ fast 699.01 ieetJ thraoa ruartiag Soath 71.44'43" East 198.09 last) theme z•maiag ooaateraloakrise aleag the era of a circle having a radius o! 440 fut sad a chord bearing o! south 84.59'05" iast as arc distaaaa o! 178.71 trttJ thence running 1QOrth 83.49'33^ East 110.09 !sett them. sunning olaaMp along the ass o! a circle Laving a radius o! 580 lest sad a chord bearing o! South 86.30'11^ Bast as era distaaae of 11i.OS tgtl thanes soaaing aloakviss along the arc of a aira2r having a radios of 580 lest sad a chord bearing o£ South 69.55'04" East an era distance o! 219.74 isetr thence ruauiag South 63.39'40" East 149.53 lest to en iron) thence xuaniag South 53.10'38" Haat 157.93 Teat to as iroaJ threes ruuaiag clockrise along the sro e! a circle Laving a 91' ~ 47 BOOK 12 91_ PAGE 7 4 7 radios o! 550 leer sad a chord herring o! Booth 46.47'08" East as arc distance of 103.46 lrrt to an stoat thence ranaiaq Bontb 40.23'48" East 219.62 fret to sa iraaf thence saaaiag aanateroloakwiee along the ara o! a airals having a radius o! 4S0 tact sad s ahosd bearing o! Booth 50.41'52• East an arc dietaaca o! 163.81 lest to ea stoat thaaoa running Bauch 6D•S9'S6• East 958.13 Leet to as front thenw ronainq alook~riae along the uo of a airole having a radios o! 550 last sad a chord bearing a! South 56'05'12" Bast as ara dietanw O! 94.31 leer to an iron) thence sunning Booth 51.10'28" East 265.82 lest to as stoat thence snaalag aloclnise along the arc o! a circle having a radius o! 280 le+t sad a sherd beuiag o! Booth 31.43'28^ East an are distance o! 190.10 feet tv an stoat t2teave rnaaiag Booth 32.16'27" Sast 99.21 lest to as !rent thecae ruaniaQ South 99.20'28" East 43.40 lert t0 as stoat thence running South 54.13'17` west 585.31 leett theaw snaaiag South 49.17'39" Rest 945.32 tort thence znaaing couatesaloakrip along the arc of a oirale having a radius of 150 feet sad a chord bearing o! Booth 21'17+10• west an arc diataaae v! 146.61 !sett thecae running Booth 89.59'21" west 20.90 lest to as boat thecae tanning South 89.57'2{" what 60.00 feett theaw Bontlt 89.59'09^ west 19.51 fat to as stoat thence tanning aloakriae along the ua o! a circle having a radius o! 250 !wt sad a chord bearing o! xorth 22'37'37" Bast an ara diatsaw o! 232.70 feet to as front theaw running xosth 49.17'32" rant 950.06 feat to sa stoat thence running xvrth 54.43'17• East 510.04 Lest to as front theme sunning xorth 12.16'27" test 79.83 lest to sa stoat thence rsmning couateroioakwise along the ara of A aimle having a radius OL 180 feet and a chord bearing O! 7lerth 31.43'28+ west sa ara dirtanw o! 192.21 lest to ea irons thmsae running Forth 51'10'98" Wert 965.82 Lot to as stoat thence zvaaiaq aountsroloakvlse along the arc o! a oirale having a radios o! 450 leer and a ahosd bearing o! xorth 56.05'12^ west as ara distance o1 77.16 t~et to an irons theme running xoreh 60.59'56" west 258.13 feet tv an isonf throw sttnaiaq aloekrise aleng the ua of a oirale having : radios o! 550 feat sad a chord bearing o! xosth 50.11'52" west an ara distanor o! 197.77 lest to as irwt thence running xorth 40.23'48" west 219.62 last to as front thecae sunning couateselookxise along the ua o! a circle having a radius o! 450 fret sad a chord bearing o! lNoreh 45.47'08" zest as arc distaaw o! 84.65 tact to an stoat thecae tanning !North 51.10'28^ wut 116.90 fact to an front thence running xorth 64.00'10• waet 246.24 last to as stoat theaas running counteraloakriae along the ara of a oirale having a radine o! 480 fast sad a chard bearing o! North 69.55'09" west art ara diataaas o! 99.10 feet to en stoat sheave running eonateraleakwiee along the ara of a oircls having a radios e! 480 leer sad a vhosd bearing of xvrth 86.30'11" Neat as arc distaaae o! 17!.00 Pants thence running Seuth 82'49'33" wqt 120.09 leett thence rnrainq eleokrisr along thr ara o! a circle having s radius o! 520 !Nt sad a chord bearing of worth 84.59'05• west an arc distaaae o! 221.25 laett throat running xorth 72.24'23" ffeat 188.26 leetr theave rnaniaq Borth 83.37'55• wet 683.?2 leett thraoe snaring xorth DD•56'46• west 100.02 seat to the pLoe sad point o! 8E<NIBBIxO!aaa being ali of that treat shown as `Bew 100' 1lacass 8asesent To Berea Tracts a-1, 8-2, D Ni E' ae shown oa the plat of survey entitled `Friar Chapel - trap B, Property o! Caseroa Properties, Limited Partaarship, Daniel D. Cemesam, Jr., sad yiw Star Osoup, L.L.C.• prspased by The John R. -Shcdems Cempany. lea., dated June 17, 2005, sad last rwised July 29, 2005, bnt not laoludinq the portion o! said Easement vhiah suns leas the eaeteza boundary o! Trent D to the sonthrza boundary o! Treat E, and rsoordrd in Plat Book 2065, Pagr 262, Chatham County legistsy, to ~ehlah plat reiereave is bazeby made Lor a more partioulu derariptioa. kit ~ i 48 BOOK 12 9 ~, pAG~ '~ ~ $ Easement Tract 3a HS(iIHIQIHG! at ea iron which Se the southgst aoraer o! Tract C a. shorn by the plat o! susvry bereiaalter relsrred to cad ruaaing thence South 01.29.02• Meet 100.00 !qt to a oampnted points thecae ruaaiag Borth 66.30'56" Nest 125.37 !qt to as lronr thecae suaaiag olookrise along the arc o! a airole having a radius o! 1050.00 lest and a chord bearing o! sorth 62.21'07• Meet an arc dlatsaae o! 225.92 feet to sa irons thence running Hosth 76.11'17• Neat 193.12 test to an hoar thecae running ooaatsraloakwiss along the era o! a airole baviag a radina o! 650.00 feet cad : chord beaziag o! eoath 77.26'40• Meat as aso distance o! 762.36 fqt to an irons thecae running Booth 51.0~'3T• xqt 325.80 feet to as irea~ thence xunniag Borth 38'55'23• Mqt 100.00 lest to as isonl thecae waning North 51'05'37" seat 325.80 tut to as iraa~ thecae zuaaiag aleakwise along the era o! a airo3e baoia9 a rsdine o! 950.00 feet and a chord bearing o! north 77.28'f0" seat as era diataaea o! 6?4.3A leer to as iroat thence running Booth 76.11'17• East 193.12 !qt to as iroat thecae r+mniag oouatesaioakwiq along the era of a circle booing a radius o! 950.00 !qt cad a chord beasiag o! Booth 82'21'07• Bast to era distance o! 20a.{0 !qt t0 as senor thecae ruaaiag Booth 68.30'56" Bast 125.37 feet to as 1roa7 thence running South OS•29+02" 11tst 100.00 lest to the point cad place o! HE&IlDfISO and being ali o! the parcel il+ora a. •sar 100 loot luoags sesemeat" by the subdivision plat aatitied `Briar Chapei - Nap S, Property o! Caesron Psopsrtlae, Limited Partaarship, Denial D. Cameron, Js., cad live Star Group, L.L.C.' prepared by The Joha R, ![071daf/ Coeryany, Zan„ dated Jane 17, 2005, cad last revised Jaly 22. 2005 cad reeozded in Plat Hook 2005, Pape 262, Chatham County Begistxy, to which pint reieseaas is hereby made for a more particular dgoriptioa. It is psovided, hvrevsr, that all or nay portion o! Easement Treats 1, 2, and 3 may be dedicated to pnb3la nee at any time by the Grantee hereoader. Bush dadioatioa to public ass shall cause the portloa o! the suameat so dedicated to antaaatiaally teaaiaate cad gzaatq agrees to' e:eoute such dea~seats as may be reasonably nacaesary to eoideaae or e!lsatuate such termination. y0iT8ss SBBEQVIAG ~ EZCEPTIN4, eaeeasats to use, maintain, repair, replace cad/or enlarge the strsetr, roads, utility lines, cad utility laoi3ltiq cox or hesgiter iastallad as the property. in ao event sha11 nay nos o! the above easemeata (iaaludlag without 23aitation the use or enlarg~aeat o! asY street) cause the area eaaumbered by the eaaanent to be greater than 100 feet is width. The above reserved easements shall be perpetual, and appurtenant to rod rue t-ith the property shorn as Tsaats 8-1, a-2, C, D, and E oa she above eubdivisian plat seoosded is Plst Hook 2005, Paga 262, Chatham County aegietry. McLeod Tract: BEING that certain tract o! load located in Haldria Toraahip, Chabhem County. Borth Carolina ahem an asp entitled ~HOwadary Hnrvry o! Hairy N. YaLeod, Borah x. Campbell cad s.G. sorrood, Jr.,• perlormrd by the John B. ]Iolldams Cawpany, Ica., dated ltasoh 22, 2002 having a total area o! 69.85 cares cad being more psrtiaalarly described as loilorss HHGIIPdIMG at as iron pipe at the Southeast oozasr o! Jaase B. Diann. recorded in Deed Hook 702, papa 201, said point being oa the western lice ~~~ ~ ~ )749 BOOK ~. 2 91_ PAGE '7 4 9 of 1Min Lakes Dolt Cousas, reaoxded is Deed Book 460, Page 94t thence along said line of 11tia Gskes Ooli Courea South 00°17•SO'• East 1736.03 feet to as iron pipe at the Northrest coxaex o! II.B. Steel and Carnegie P.3.1., racozded in Daad Eeek 254, Page 5931 theaoe with the Nesters 11ae of said 0.8. Steel sad Ctrasgis P.51.i. south 00.03.58" Nest 47S.S4 feat to a rock rich pointers ea the aorlheau line o! Exaca E. Caaatoa, recorded is Dead Hook 833, Papa 7541 thanae rich said Cesasoa South 08.06`46• Nest 41.84 teat to sa ixea pipet thence eonth 88.30'55' Neet 1933.60 ENt t0 as ixoa pips at the southeast ooraer of Persiasoa 812is Subdivision, recorded 3a Piat Cabinet 11, 811de 82t theme rich the Eastern lies of said subdivision North 00•D3.19" East 2309.24 teat to as ixoa pips is a rock pile oa the southern lice of the atoreseatioasd Janes E. Dixoat thence rich said line of Dixon south 89.05.42" East 1327.53 feet to the point of beginning, coataiaiag 69.85 acres, sore os lose. ~ 291 0750 BDOlf ~. 2 91_ PAGE '7:i {~ The legal desariptioa to herehq ameade6 hY adding the folloriag as inanrad propartY+ acing ail of that ].613 aria lot or paraei o! iaad sha+n ae ^Reserved by Orraer" oa that plat of satvay prgare8 by smith and e+aith Surveyor°' dstsA 8aptember 9, 1987, satitled "phase I, Sesadoa Roods 9u?+divisioa" and recorded as dude 99-16 is LhM Chathsm County Registry, to rhiah pi:t refaranoe is hereby made for a more pattionlar deaariptioa, INp and btaept the paroel ooaveysd to the SCDOT b'Y vitute of Desd reaorded in Soot 781, Page 954, Chatham County Qe41st=y. Property kaewa ae the ^8leide 7raot". 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 q~' END PAGE 1189 B04K ~ e1 r~ 1 PAGE 1 ~ ! ~ 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 Carolina 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 Declarants 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 Exhibit 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-Briar 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 maybe 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. SO-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 Survey maps having a drainage area of between 10 and 25 acres, measured from the centerline of the stream. Page 1 of 16 1371 1175 BOaK ~. ~ ! ~ PAGE 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. u oses. 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 directly 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: • Constmction on pilings including without limitation elevated walkways, roads, or utility lines; Watez 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 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 filly 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 Page 2 of 16 1371 1176 soaK 13 r 1 ~ac~ ~ ~'~ G • 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 nm 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. Tle Permittee shall enforce the terms of the restrictions set forth in this Restrictive Covenant in accordance with the Permits, 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 flat 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 Arens. (2) Agricultural Timber Harvestine Grazing 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 Permitted Uses. (4) Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or other material in the Conservation Areas is prohibited. (5) 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 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. Tlere 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 i ~. ~ ~ 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) 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 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 hts 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 Conserva~on 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 comply 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 filrther 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. $. Interpretation. This Restrictive Covenant shall be construed and interpreted under the taws 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 ' 1178 soox 13 ~ 1 Pace i ~. 7 S 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. IN WITNESS WHEREOF, the undersigned have executed the foregoing instrument the day and year first above written. [Remainder of Page Intentionally Left Blank. Signature/NotaryPnges Follow] Page 5 of 16 1371 1179 STATE OF NORTH CAROLINA COUNTY OF NG.~ ~t~o~er ooo~ 13 ~r i NaoE Y Y 7 9 CAMERON PROPERTIES LIMITED PARTNERSHIP, a North Carolina Iimited partnership BY: ~ t (SEAL) colt C. Sullivan, General Partner BY: 1~1` (SEAL) Adair M. Grah Jr., Gen al Partner $Y; (SEAL) J be V. H rdee, General Partner I,~~,In,ng S.~ardJC. a Notary Public of Nea.~ ~alno~er County, North Carolina, do hereby certify that SCOTT C. SULLIVAN, ADAIR M. GRAHAM, JR., and JABE 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 tJoJevw~oe~ , 2007. No Publi My Commission Expires: 4-11'~All `~~`~P JttPAR~~j//~~i F ~~ ~~~' o ~ -_ .a R = NOS ~~G z. QV6 ,Z`~ J~'~ ///~~ ~ i~ ti A N O V E R G~ ~~\\ USI000 10437495.1 Page 6 of 16 1371 1180 STATE OF NORTH CAROLINA COUNTY OF tJcw ~gnoJer $OOK 1 ~ % 1 PALE -i ~ g O FIVE STAR GROUP, L L.C., a North Caoolina limited liability company gy; (SEAL) illiam H. Cameron, Manager ay: y~~~ G ~~1I (sEAL) Hilda C. Dill, Manager I, 1~r+n.. ~,~g~d~t , a Notary Public of 1Jtw per 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 J4't'`' day of t~1oJe M.~aer , 2007. Notary Public My Commission Expires: ~1-~1- Cott _\\\\\~P~ J ~ PqR~ ~~~ ,.~~ G~ i~ ~o Np'{pt?Y ~2 Pu3~iC 2, ~~~~~~H~VERt~~O ~~\~ vsaooo toar4vs.t Page 7 of 16 1371 1181 ~~dK ~ ~ (~ N~~~ i ~ CJ 1 (SEAL) W>. liam H. Cameron, attorney-in-fact for Daniel D. Cameron, Jr. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, ~~~,n~ ~, ~grdut __ _ a Notary Public of 1J@~ TYQnoVer County, North Carolina, do hereby certify that William H. Cameron, attorney-in-fact for Datuel 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 lg'~'" day of tJ o~e,~er, 2007. i Not Public My Commission Expires: '~-1 t'aa1 t `\\`~P ~l PAR~Gi,~~ ~' ~ ~': Q -o PV9RC z_ %??;~~~!!~~ ~' '''~'ritigNOVER GOJ2\~. ~~i USM0010{37{95.1 Page 8 of 16 1371 1182 aooK 13 r~Nac~i~8~ Exhibit A Conservation Area 1 Being all that certain tract of land containing 0.70 acres, totaled in Baldwin Township, Chatham County, North Carolina, and being more particulazly 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 ]0°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; thencaSouth 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 point; 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 I7°32'58" 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 ofSouth 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 all 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 marking the southeast corner 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 0.6°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" East, 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 88.66 feet to a point; thence South 10°07'54" East, a distance of 87.49 feet to a point; thence South 40°14'3 t" 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 i0°20'54" West, a distance of 40.20 feet to a point; thence South 25°01' 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 poirit; 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 8l°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 line, a distance of 14.18 feet; thence continue easterly along said line, a distance of 11.16 feet; thence North 84°24'39" East, a distance of 39.51 feet to a point; thence continue easterly along said line, a distance of 13.12 feet; thence Souih 88°48'52" East, a distance of 51.96 feet to a point; thence North 80°50'53" East, 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 w a point; thence North 63°28'10" East, a distance of 63.14 feet Page 9 of 16 1.371 1183 BooK 13 *r 1 ~ac~ ~. ~. 8 3 to a point; thence South 84°36'57" East, a distance of 48.09 feet to a point; thence Noah 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" East, 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°04'15" 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 arc 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 0.36 feet to a point; thence North 44°35'01" East, a distance of 15.56 feet to a point; thence North 56°13'01" East, a distance of 21.61 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 i 6.96 feet to a point; thence North 06°39'45" West, 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" East, a distance of 36.89 feet to a point thence North 1 S°S2' 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°27'19" West, a distance of 14.14 feet to a point; thence North 18°24'36" East, a distance of 27.04 feet to a point; thence North 23°3 I'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" East, a distance of 29.13 feet to a point thence along anon-tangent curve to the right having a radius of 50.34 feet, 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" East, 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 feet, an azc length of 64.73 feet and a chord bearing and distance of North 42°3G54" 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 08° 17'30" East, a distance of 75.50 feet to a point; thence North 39°28'55" East, 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 l8°21'23" West, a distance of 7.00 feet to a point; thence North 63°OT08" West, 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" West, a distance of 90.28 feet to a point; thence North 30° 12'55" West, 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°IT30" West, 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" West, 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" West, a distance of 77.52 feet to a point; thence North 84°36'5?" West, a distance of 11.95 feet to a point; thence South 63°28'10" West, a distance of 44.10 feet to a point; thence South 75°56' 13" West, a distance of 93.99 feet to a point; thence along a curve to the right having a radius of 80.00 feet, an arc length of 97.02 feet and a chord bearing and distance of North 69°19'14" West, 91.18 feet to a point; thence North 34°34'42" West, a distance of 1.06 feet to a point; thence Noah 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 tine, a distance of 18.41 feet thence North 73° 1 b'39" West, a distance of 48.61 feet to a point; thence South 81°29'10" West, 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" West, a distance of 54.28 feet to a point; thence South OB°24'54" East, a distance of 109.23 feet to a point thence South 18°06'57" West, 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' 16" 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 ~ ~ rj :~ YALE i ~ g 4 of 14.62 feet to a point; thence South 09°57'53" Easy 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 b0°08'42" East, a distance of 24.29 feet to a point; thence South 19°41'17" East, adistance of 52.66 feet to a point; thence along a non-tangent curve to the right having a radius of 64.10 feet' an arc length of 18.44 feet and a chord bearing and distance of South 42°OT21"Easy 1838 feet to a point; thence South 04°51'12" West' a distance of 90.22 feet to a point; thence along anon-tangent curve to the right having a radius of 64.10 feet, an arc length of 18.70 feet and a chord bearing and distance of South 51°57'09" West, 18.63 feet to a point; thence along anon-tangent curve to the right having a radius of 55.02 feet, an azc 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 feet to a point; thence along anon-tangent curve to the right having a radius of 50.95 feet, an azc length of 6035 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; thence along anon-tangent curve to the right having a radius of 50.00 feet, an arc 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" Easy 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" Easy 33.47 feet to a point; thence along anon-tangent curve to the right having a radius of 50.01 feet' an arc length of 4551 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 08°25'06" West' a distance of 56.70 feet to a point; thence North 28°03'34" Easy a distance of 37.00 feet to a point; thence North 14°23'50" Easy a distance of 22.75 feet to a point; thence North 01°04'52" Easy a distance of 84.76 feet to a point; thence North 30° I G00" Easy a distance of 47.31 feet to a point; thence North 14°41'07" Easy 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 16.91 acres, located in Baldwin Township, Chatham County, North Cazolina, and being more particulazly described as follows: Beginning at an existing iron pipe on the southern line of lands owned by Robert Lindley (Deed Book 586 Page 826, Chatham County Registry); thence North Ol°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 OS 1 feet to a point; thence South 64° 12'53" East, a distance of 11.24 feet to a point; thence South t 2°08'54" Easy 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" Easy 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 distarx;e of 25.53 feet to a point; thence South 08°22'40" Easy 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" Easy a distance of 17.25 feet to a point; thence South 87°ST44" Easy a distance of 48.09 feet to a point, thence North 54°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 North 89°44'42" Easy 48.7b feet to a point; thence South 51°18'02" East, a distance of 46.05 feet to a point; thence South 72°26'50" Easy a distance of 6.88 feet to a point; thence continue 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 arc 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" Easy 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 11°58'15" Easy 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 O6°3T 52" Easy a distance of 76.26 feet to a point; thence South 15° 12'28" Easy a distance of 5.41 feet to a point; thence South 04° 10'26" Easy a distance of 116.78 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" Easy 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" Easy a distance of 37.98 feet to a point; thence North 25°30'53" Easy a distance of 24.06 Page 11 of 16 4371 ' 1185 SOUK 1 ~ (~. PAGE ~. ~. S 5 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" East, a distance of 36.04 feet to a point; thence North 48°32'26" East, a distance of 28.62 feet to a point; thence South 18°34'05" East, a distance of 33.52 feet to a point; thence South 24°04'25" East, a distance of 34.78 feet to a point; thence South 1 l°43'05" East, a distance of 44.95 feet to a point; thence South 01°15'42" West, a distance of 47.19 feet to a point; thence South 20°19'20" West, 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°25'82" West, 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 arc length of 46.64 feet and a chord bearing and distance of South 04°20'54" West, 44.98 feet to a point; thence South 26°48'42" West, a distance of 46.96 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 OZ°42' 16" West, a distance of 27.84 feet to a point; thence South 24°23' 16" West, a distance of 62.11 feet to a point; thence South 10°38'49" West, a distance of 82.15 feet to a point; thence South 47°09'47" West, a distance of 20. t 5 feet to a point; thence South 18°22'25" West, a distance of 62.18 feet to a point: thence South 07°45'40" East, a distance of 11.29 feet to a point; thence along a curve to the right having a radius of 50.00 feet, an arc 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" West, 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" East, 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" East, 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 50.0] feet, an arc length of 28.23 feet and a chord bearing and distance of South I S° 17'47" West, 27.86 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" West, 41.78 feet to a point; thence South 37°22'83" 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" West, a distance of 37.38 feet to a point; thence South ] 0° 11'54" East, a distance of 6.23 feet to a point; thence along anon- tangent curve to the right having a radius of 50.28 feet, an arc 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°87'83" East, a distance of 21.79 feet to a point; thence South 61 °43' 17" East, a distance of 45.02 feet to a point; thcnce South 30°37'57" East, a distance of 31.24 feet to a point; thence South 63°04'07" East, a distance of 17.56 feet to a point; thence South 44°09'34" East, 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 S9°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" West, 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 feet to a point; thence South 31°37'51" East, a distance of 52.67 feet to a point; thence South 38°52'11" East, a distance of 47.07 feet to a point; thence South 42°30'57" East, 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" East, a distance of 1.47 feet to a point; thence Notth 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 feet, an arc length of 56.67 feet and a chord bearing and distance of North 50°09'46" East, 53.73 feet to a point; thence North 74°89'03" East, a distance of 6.35 feet to a point; thence Narth 43°57'36" East, 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 are length of 46.03 feet and a chord bearing and distance of North 72°47'06" East, 44.42 feet to a point; thence South 83°20'47" East, a distance of 26.61 feet to a point; thence along anon-tangent curve to the right having a radius of 50.16 feet, an arc length of 65.78 feet and a chord bearing and distance of North 77° 17' 14" East, 61.17 feet to a poirtt; 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" East, 10.38 feet to a point; thence along anon-tangent curve to the right having a radius of SOS7 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 i i°03'21" West, a distance of 40.42 feet to a point; thence along a nomtangent curve to the right having a radius of 50.10 feet, an arc length of 40.07 feet and a chord bearing 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; thane North 58°43' 11 " East, a distance of 35.74 feet to a point; thence Noah 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°21'34" East, a distance of 35.20 feet to a point; thence South 01°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 lb 4371 1186 aoaK 13 r~ 1 Nac~ ~ ~. 8 6 feet to a point; thence South 44°37'57" West, a distance oft 1.09 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 feet 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 S l°04'59" West, a distance of 2l S9 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 beazing and distance of South 48°28'00" West, 27.25 feet to a point; thence South 14°08'11" East, a distance of44.60 feet to a point; thence South 16°1T49" 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 poim; thence South 14°16'47" East, a distance of 52.8b feet to a point; thence South O8°30'26" East, a distance of 5330 feet to a point; thence continue southerly along said fine, 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 103.31 feet to a point; thence South 64°1T04" 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°35'11" 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°2T08" 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 243.53 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 azc 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 d'~stance 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 i6° 1 T49" 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 North 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 azc 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 Norttt 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° t 8'05" 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°51'22" East, a distance of 34.11 feet to a poirrt; 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 eooK 13 r IPaGEiic~7 North 34°22'40" East, a distance of 3.29 feet to a point; thence North 76°03'18" East, a distance of 3232 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 10.3 ] feet to a point; thence North 29°58'54" East, a distance of 12.47 feet to a point; thence North 54°5 ]'S7" 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 7t°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 ctwe to the right having a radius of 50.01 feet, an arc length of 52.36 feet and a chord bearing and distance of North 15°52'54" West, 50.00 feet to a point; thence North 12°59'41" East, a distance of 47.35 €eet 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 1433 feet to a point; thence North 09°59'21" West, a distance of 24.04 feet to a point; thence North 06°41't 5" East, a distance of 81.17 feet to a point; 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' I S" 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°ST 53" 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; thencealong 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 530 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 50.0] 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' 13" 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 5050 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 24°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 1?°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 15.33 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 05°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 15° 12'28" West, a distance of 56.98 feet to a point thence North 10°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°3T 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 51.23 feet; thence North 72°2G50" 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 fcet 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 14 of 16 1371 ' 1188 800K 1 e3 rt ~. SAGE i ~. ~ 8 41.59 feet to a point; thence North 69°01'06" Wesk a distance of 10.14 feet to a point; thence South 61°44'14" Wesk 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 beazing and distance of South 32°55'41" Wesk 29.08 feet to a point; thence South 76°08'44" Wesk a distance of 44.55 feet m a point; thence South 55°04'17" Wesk 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" Wesk a distance of 60.20 feet m a point; thence along anon-tangent curve m the right having a radius of 50.50 feek an arc length of 27.67 feet and a chord beazing and distance of South 80°42' I S" Wesk 27.32 feet to a poitrtt; 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" Wesk a distance of S?.59 feet to a point; thence South 88°27'16" West, a distance of 21.81 feet m a point; thence South 67°35'35" Wesk a distance of 23.25 feet m 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 m a pointy thence along anon-tangent curve to the right having a radius of 52.30 feek an arc Length of 11.90 feet and a chord bearing and distance of South 89°53'07" Wesk 11.87 feet to a point; thence along anon-tangent curve m 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" Wesk 65.22 feet m 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 m 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" West, 53.56 feet to a point; thence along anon-tangent curve to the right having a radius of 50.00 feek an are length of 58.23 feet and a chord bearing and distance of North 42°36'24" Wesk 54.99 feet m a point; thence North 87°35' 17" Wesk a distance of 12.90 feet to a point; thence North 03°14'04" West, a distance of 28.93 feet to a point; thence South 74°50'58" Erik a distance of 17.40 feet to a point; thence along anon-tangent curve to the right having a radius of 50.00 feek 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- tangentcurve to the right having a radius of 50.00 feek an arc length of 39.08 feet and a chord bearing and distance of South 74°45'48" Eask 38.10 feet to a point; thence along anon-tangent curve to the right having a radius of 53.12 feet, an arc length of 8.95 feet and a chord bearing and distance of South 80°24'31" Erik 8.94 feet m a point; thence along anon- tangent curve to the right having a radius of 54.77 feek an arc length of 0.24 feet and a chord bearing and distance of South 43°57'32" Eask 0.24 feet to a point; thence along anon-tangent curve to the right having a radius of 50.29 feet, an azc length of 35.99 feet and a chord bearing and distance of North 74°06'38" East, 35.23 feet m a point; thence South 79° 13'04" Erik a distance of 15.79 feet to a point; thence Notch 78°49' ] 4" Eask a distance of 5.40 feet m a poim; 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 m a point; thence North 86° 13'47" Erik a distance of 54.37 feet to a point; thence North 84°51'59" East, a distance of 38.73 feet to a point; thence North 63°46' ] 7" Erik a distance of 44.84 feet m 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" Erik a distance of 28.01 feet to a point; thence North 48°30'02" Erik a distance of 25.54 feet to a point; thence North 55°04'17" Eask a distance of 36.97 feet to a point; thence North l0° 17'22" West, a distance of 3.23 feet to a point; thence North 61°44'14" Erik 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 m a point; thence South 69°01'06" Eask a distance of 23.30 feet to a point; thence South 80°02'07" Erik a distance of 20.06 feet to a point; thence North 87°OT35" Eask a distance of 38.87 feet m a point, thence North 70° 19'04" Fast, a distance of 26.31 feet to a point; thence North 81°38'08" Erik a distance of 18.45 feet m a point, thence North 84°38'46" Erik a distance of 30.49 feet to a point; thence North 29°49'57" Wesk a distance of 82.73 feet to a point; thence North 87°4b'27" East, a distance of 76.23 feet to a point to the Point of BEGINNING containing 736,493 square feet or 16.91 acres, more or less. Conservation Area 3 Being all that certain tract of land containing 2.18 acres, located in Baldwin Township, Chatham County, North Carolina, and being more particulazly described as follows: Commencing at an existing iron pipe on the southern right-of--way of Manes Chapel Road (SR 1532); thence South 00° 16'07" Erik a distance of 841.85 feet m the Point of BEGINNING; thence North 33°20'07" East, a distance of 40.46 feet m a point; thence North 79° 16'17" East, a distance of 41.57 feet to a pohrt; thence North 34°04'01" Erik a distance of 36.67 feet to a point; thence North 72°08'47" East, a distance of 10638 feet to a point; thence South 56°51'19" East, a distance of 20.17 feet to a point; thence North 48°52'57" Eask a distance of 32.87 feet to a point; thence continue Page l5 of 16 1.371 1189 eooK ~ 3 i i Nae~ i 1 S 9 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°IS43" 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 °OT36" East, a distance of 14.79 feet to a point; thence North 32°49'33" East, a distance of 7.10 feet to a poirrt; thence North 15°24'44" East, a distance of 40.19 fcet 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°35'01" West, 29.89 feet to a point; thence North 76°2546" 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 ° l4' 14" West, a distance of 86.51 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 continue westerly along said line, a distance of 15.96 feet; thence North 56°51']9" 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 South 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 1372 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) BOO ~ ~ r(~ ~Q~;E ~ ~ '~' 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 thisc~~day of November, 2007 by NNP-Briar Chapel, LLC, (the "Declarant"); WITNESSETH: THAT WHEREAS, the Declazant is the owner of certain property located in Chatham County, North Carolina, constituting approximately 10 acres, more or less, which is more particulazly 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 refereed 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; uszooo annai.i Page 1 of 7 1372 0227 eooK ~ 3 "r 2 ~acE ti 2 7 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 azea 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. Purposes. The 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 dttectly 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 Suffers as follows: Construction on pilings including without limitation elevated walkways, roads, or utility lines; Water dependent structures; Signs, security lights, and flag poles; US2090 9527781.1 Page 2 of 7 1372 0228 Boos 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 Declazant. The covenants 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 are prohibited in the Conservation Area. (b) A~~ricultural Timber Harvestins Grazine 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. uszaoo vsmsi.i Page 3 of 7 1372 0229 eooK 13 r 2 Pace 229 (d) Dumpine. 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. Dredeine. Except for the Permitted Uses, there shall be (i) no grading, filling, excavation, dredging, mining, ar 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 Ouality. 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 erasion; (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 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 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 containment and protection, disease control, restoration of hydrology, wetlands enhancement and/or control of non-native plants. S. 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 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 Declarant 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. us:aoo 9sv3ei.~ Page 4 of 7 1372 0230 aooK 13 r 2 ~ac~ 2 3 0 8. Interpretation. This Restrictive Covenant shall be construed and interpreted under the laws of the State of North Cazolina. Any ambiguities herein shall be resolved so as to give maximum effect to the conservation purposes of this Restrictive Covenant. 4. 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. 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] U520oa 9517381.1 Page 5 of 7 172 0231 ~~~K ~ d r~ ~ ~~~~ ~ ~~ IN WITNESS WHEREOF, the undersigned has executed the foregoing instrument the day and year first above written. Declarant: NNP- iar hap LLC sy: v' Its• ~tS; , J•1'. .-,-. STATE OF NORTH CAROLINA COUNTY OF O U C~-m 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 1 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: YY~ ~~ c~r-a ~~c-r~a. , /4SS~ VP Date: ~ ~ ~ ~2^^~fQ~ Q ~ ~ ~~(QG`~~ l.~[~ ]~~ Notary Public (print name) (official seal) My commission expires: G Yt ~ ~~~ Moray qMe OYIl1M1 g111~11 a~ a Mnw oaNri~ 11y ConwnhWon bqw« Jan !, frtt U52000 95Z73EI.1 Page 6 of 7 1372 ' 0232 r' BOOK ~ ~ ~t ~ pi1GE ~ ~ ~ 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 86°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°2l'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 PIl7E; 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. 0520009327761.1 Page 7 of 7