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HomeMy WebLinkAbout20150636 Ver 1_McGee Final Easement_20161018 Register Of Deeds, Orange Co, NC Recording Fee: $26.00 NC Real Estate TX: $1.00 20161013000216630 SINS Bk: 6203 Pg: 221 10/13/2016 12:43:18 PM 1 /11 0 k5 ! 8 2016 DE 4011WAT Rc^ OS URCES &BUFFER PERI TING Prepared by and return to:Joseph W.Marion,P.O.Box 51009 Durham,NC 27717-1009 STATE OF NORTH CAROLINA COUNTY OF ORANGE Excise Tax: $50.00 CONSERVATION EASEMENT THIS'CONSERVATION EASEMENT("Conservation Easement")made this 12- and between John Thomas McGee,joined by his wife Janine M.McGee("Grantors awhose ay of ddress is y Stansbury Rd. Chapel Hill,NC 27516 and WATERSHED INVESTMENTS NC,LLC("Grantee"). The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular,plural,masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantors own in fee simple certain real property situated,lying and being in Orange County, par-eel of land containin North Carolina(the"Property"),and being more particularly described as that certain pag approximately 1.84 acres and being a portion of the property conveyed to the Grantors by deed as recorded in Deed Book 4948 at Page 591 of the Orange County Registry,North Carolina(PIN 976-729-5479);and more particularly described in EXHIBIT A attached hereto and incorporated herein("property") WHEREAS, Grantee is a company whose purpose is the conservation of property,and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.§ 121-35; WHEREAS, Grantors and Grantee recognize the conservation,scenic,natural,or aesthetic value of the property in its natural state,which includes the following natural communities:riparian buffer areas adjacent to streams and drainage-ways.The purpose of this Conservation Easement is to maintain wetland and/or riparian resources submitted electronically by "Harriss & Marion, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Orange County Register of Deeds. and other natural values of the Property,and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition; WHEREAS, the preservation of the Property is required in accordance with the Agreement to Establish the Watershed Investments NC's Neville Farms Mitigation Banking Instrument for Riparian Buffer Mitigation and Nutrient Offset Credits(Neville Farms MBI)and the Neville Farms Buffer&Nutrient Offset Bank Parcel Development Package(Neville Farms BPDP).The Property will be restored to a natural vegetated condition as provided in and specified in the Neville Farms BPDP. The Property is intended to be used to provide for mitigation for nutrient offsets and/or riparian buffer impacts due to development(both existing and proposed) within the Upper New Hope Subwatershed of Jordan Lake. NOW,THEREFORE,for and in consideration of the covenants and representations contained herein and for $10.00 and other good and valuable consideration,the receipt and legal sufficiency of which is hereby acknowledged,Grantors hereby unconditionally and irrevocably grants and conveys unto Grantee,its heirs, successors and assigns,forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth,over the Property described on EXHIBIT A,together with the right to preserve and protect the conservation values thereof,as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual.This Conservation Easement is an easement in gross,runs with the land and is enforceable by Grantee against Grantors,Grantor's personal representatives,heirs,successors and assigns,lessees,agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on,or use of,the Property inconsistent with the purpose of this Conservation Easement is prohibited.The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing,the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features.Any change disturbance,alteration or impairment of the natural features of the Property or any intentional introduction of non-native plants and/or animal species is prohibited. B. Construction.There shall be no constructing or placing of any building,mobile home,asphalt or concrete pavement,billboard or other advertising display,antenna,utility pole,tower,conduit, line, pier,landing,dock or any other temporary or permanent structure or facility on or above the Property. C. Industrial,Commercial and Residential Use.Industrial,residential,and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural,Grazing and Horticultural Use.Agricultural,grazing,animal husbandry,and horticulture use of the Property are prohibited. E. Vegetation. Except as related to the removal of non-native plants,diseased or damaged trees,or vegetation that destabilizes or renders unsafe the Property to persons or natural habitat,all cutting, removal,mowing,harming, or destruction of any trees and vegetation in the Property is prohibited. F. Roads and Trails. There shall be no construction of roads,trails or walkways on the Property;nor enlargement or modification to existing roads,trails, or walkways. G. Signage.No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantors as owner of the Property. appliances,machinery or hazardous substances,or toxic or hazardous H. Dumping or Storage. Dumping or storage of soil,trash,ashes,garbage,waste,abandoned vehicles, waste,or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation,Dredging or Mineral Use.There shall be no grading,filling,excavation dredging, or drilling;no removal of topsoil,sand,gravel,rock,peat,minerals or other materials,and no change iinhmining topography of the land in any manner on the Property,except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern.There shall be no diking, filling, leveling, g,draining,dredging,channeling, g,pumping,impounding or related activities,or altering or tampering with water control structures or devices on or within the Property,or disruption or alteration of the restored,enhanced,or created drainage patterns,or removal of wetlands on or within the Property. Diverting or causing or permitting the diversion of surface or underground water into or within the Property by any means is prohibited.Changes to the drainage patterns outside of the Property are allowable as long as they do not alter existing or restored drainage on the Property, flow diffusely to the easement and do not negatively impact water quality on the Property. Polluting or discharging into waters,springs,seeps,or wetlands in the Property is prohibited. Use or application of pesticides or biocides on or within the Property is prohibited. K. Development Rights.No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles,including,but not limited to,motorcycles, dirt bikes, all-tenpin vehicles,cars and trucks is prohibited on the Conservation Easement Property other than for temporary or occasional access by the Grantee,its employees and agents, successors,assigns,North Carolina Division of Water Resources(DWR),and for purposes of conducting the creation,restoration,and maintenance activities within the Property. M. Other Prohibitions.Any other use of,or activity on,the Property which is or may become inconsistent with the purposes of this grant,the preservation of the Property substantially in its natural condition,or the protection of its environmental systems,is prohibited. ARTICLE III. GRANTORS'RESERVED RIGHTS The Grantors expressly reserve for themselves,their personal representatives,heirs, successors or assigns,the right to continue the use of the property for all purposes,not inconsistent with this Conservation Easement, including,but not limited to,the right to quiet enjoyment of the Property,the rights of ingress and egress,the right to hunt, fish,and hike on the Property,the right to sell,transfer,gift or otherwise convey the Property,in whole or in part,provided such sale,transfer or gift conveyance is subject to the terms of,and shall specifically reference,this Conservation Easement. Notwithstanding the foregoing Restrictions,Grantors reserve for Grantee,its successors and assigns,the right to construct the Neville Farms Mitigation on the Property,in accordance with the Neville Farms MBIsig approved by the DWR January 7,2016)and the"Neville Farms BPDP"(approved by the DWR on Junen9d and 2016). ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives,successors,and assigns,and the North Carolina Division of Water Resources(the"DWR"), shall have the right to enter the Property at all reasonable times for the purpose of inspecting said property to determine if the Grantors,.or his personal representatives,heirs,successors,or assigns,is complying with the terms,conditions,restrictions,and purposes of this Conservation Easement.The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observations and studies,and taking samples.The easement rights granted herein do not include public access rights. ARTICLE V. ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement,the Grantee and the DWR are allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use.Upon any breach of the terms of this Conservation Easement by Grantors that comes to the attention of the Grantee,the Grantee shall notify the Grantors in writing of such breach.The Grantors shall have 30 days after receipt of such notice to correct the conditions constituting such breach.If the breach remains uncured after 30 days,the Grantee and the DWR may enforce this Conservation Easement by appropriate legal proceedings including damages,injunctive and other relief.Notwithstanding the foregoing,the Grantee and DWR reserve the immediate right,without notice,to obtain a temporary restraining order,injunctive or other appropriate relief if the breach of the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement.The Grantors and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate.The rights and remedies of the Grantee provided hereunder shall be in addition to,and not in lieu of,all other rights and remedies available to Grantee in in connection with this Conservation Easement.The costs of a breach, correction or restoration,including Grantee's expenses,court costs,and attorneys'fees shall be paid by Grantors, provided Grantors are determined to be responsible for the breach.The DWR shall have the same right to enforce the terms and conditions of this easement as the Grantee. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant,condition,or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantors for any injury or change in the Property resulting from causes beyond the Grantors' control,including,without limitation,fire,flood,storm,war,acts of God or third parties, except Grantors' lessees or invitees;or from any prudent action taken in good faith by Grantors under emergency conditions to prevent,abate,or mitigate significant injury to life,damage to property or harm to the Property resulting from such causes. ARTICLE VI. ACCESS EASEMENT Grantors hereby gives,grants,bargains,sells and conveys to Grantee a permanent right and easement over and upon the land designated as Access Easement as shown on EXHIBIT A attached hereto and incorporated herein by reference,for use by Grantee, its successors and assigns for access to the Property for any purpose(the "Access Easement").The Access Easement herein conveyed includes,but is not limited to,the right and privilege by Grantee, and third parties to access the Property Area as necessary or convenient for Grantee.This Access Easement runs with the land and is enforceable by Grantee,its successors and assigns,and/or third parties against Grantors, Grantors,heirs and assigns. ARTICLE VII. MISCELLANEOUS A. Warranty.Grantors warrant,covenant, and represent that it owns the property in fee simple, and that Grantors either own all interest in the Property which may be impaired b the hi ry Easement or that there are no outstanding mortgages,tax liens,encumbrances,grant the Oft f terests in the Property ion which have not been expressly subordinated to this Conservation Easement. Grantors further warrant that joy all the benefits derived from and aris Grantee shall have the use of and eng out of s Conservation Easement,and that Grantor will warrant and defend title to the Property against all claims of all persons, inthi B. Subsequent Transfers. The Grantors agree to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property.The Grantors agree to provide written notice of such transfer at least thirty(30)days prior to the date of the transfer.The Grantors and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended,modified or terminated without the prior written consent and approval of the DWR. C. Assignment.The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided,however,that the Grantee covenants and agrees,that in the event it transfers or assigns this Conservation Easement,the organization receiving the interest will be a qualified holder under N.C. Gen. Stat.§ 121-34 et seq. and§ 170(h)of theIntemal Revenue Code,and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability.This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions,negotiations,understandings or agreements relating to the Conservation Easement and supersedes all prior discussions,negotiations, understandings or agreements relating to the Conservation Easement.If any provision is found to be void or unenforceable by a court of competent jurisdiction,the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes,assessments, fees,or charges levied upon the Property.No provision of this Conservation Easement should be co the ability of the Grantor to use the Property as collateral for any subsequent loan,provided that any mortgage or nstrued as impairing lien arising from such a transaction must not be inconsistent with the terns of this Conservation Easement and must be subject to and subordinate to this Conservation Easement. Grantee shall not be responsible for any costs or liability of any kind related to the ownership,operation, insurance upkeep, except as expressly provided herein.Nothing herein shall relieve the Grantor of the obligation to comp y with federal,state or local laws,regulations and permits that may apply to the exercise of the Reserved Rights F. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes,this Conservation Easement may only be extinguished, in whole or in part,by judicial proceeding. G. Eminent Domain.Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the restrictions imposed by this Conservation Easement,Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking,and all incidental an direct damages due to the taking. d H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Property is sold, exchanged,or involuntarily converted following an extinguishment or the exercise of eminent domain,Grantee shall be entitled to the fair market value of this Conservation Easement.The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property that is unencumbered by this Conservation Easement(minus any increase in value after the date of this grant attributable to improvements)by the ratio of the value of this easement at the time of this grant to the value of the Property(without deduction for the value of this Conservation Easement)at the time of this grant.The values at the time of this grant shall be the values used,or which would have been used,to calculate a deduction for federal income tax purposes,pursuant to Section 170(h)of the Internal Revenue Code(whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. Notification.Any notice,request for approval,or other communication required under this Conservation Easement shall be sent by registered or certified mail,postage prepaid,to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantors: John Thomas McGee and wife Janine M.McGee 2201 Stansbury Rd Chapel Hill,NC 27516 To Grantee: Watershed Investments,NC Attn:Mike Herrmann 1630 Weatherford Circle Raleigh,NC 27604 To Watershed Investments NC,LLC Attn: Mike Hermann 1630 Weatherford Circle Raleigh,NC 27604 To DWR: NC Division of Water Resources 401 &Buffer Permitting Branch 1617 Mail Service Center, Raleigh,NC 27699-1617 J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee,and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement,then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment.This Conservation Easement may be amended,but only in writing signed by all parties hereto,and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws,and is consistent with the conservation purposes of this grant. L. Present Condition of the Property.The wetlands, scenic,resource,environmental,and other natural characteristics of the Property, and its current use and state of improvement,are described in the"Agreement to Establish the Watershed Investments NC Neville Farms Mitigation Banking Instrument for Riparian Buffer Mitigation and Nutrient Offset Credits" (signed by the DWR on January 7,2016)and the"Neville Farms Riparian Buffer and Nutrient Offset Parcel Development Package"(signed and approved by the DWR on June 9,2016)and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof.Both Grantors and Grantee have copies of this report.It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement.However,this report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF,the Grantors have hereunto set their hands and seals,the day and year first above written. Landowner(s)Si afore Sign: (SEAL) Print: hTh Thomas McGee Sign: ECt,�rL,v,o —r'�—A G (SEAL) Print:La Lidne M.McGee STATE OF NORTH CAROLINA-COUNTY OF - a NotaryPublic of 0 -d-.- -L County,State of North Carolina, o hereby certify that John Thomas McGee personally app ared before me this day and acknowledged to me that she voluntarily signed the foregoing instrument for the purposes therein expressed. WITNESS my hand and official stamp or seal, this day of CT0 b e 2016. MA111111t1td/0!/�� R1p,,V�i�� �� .•••. Sign. _� z o• p'� =_ Print: Public rs �No=tary= My C iss on Expires: l -�ot' i r I. 00 G ` • Pus . -.: GEt1 STATE OF NORTH CAROLINA-COUNTY OF I, GY} 4,,,� a Notary Public of �r, Q County, State of North Carolina, do hereby certify that Janine M. McGee personally appeared�before me this day and acknowledged to me that he voluntarily signed the foregoing instrument for the purposes therein expressed. WITNESS my hand and official stamp or seal,this /;2tt"day of 2016. •�s�4E�ear►n��i �E4 aAARIp �� Sign: Print:4is ' �s� Notary o �•,, !,r/ v My Cj -a o, ,yd r'P C: %P'9� EXHIBIT A Being certain portions of the property lying and being in Orange Co described as follows: unty,North Carolina,and more particularly A portion of the property identified on the 2016 tax records as tax parcel number 976-729-5479 (said portion being a total of 1.84 acres,more or less)as shown on the attached two pages and entitled"Conservation Easement for Watershed Investments on a Portion of the McGee Tract(Parcel I.D. 9767295479)". -------------- EXHIBIT A SHEET 2 OF 2 LEGEND: ISS-IRON STAKE SET l32 S17°4442'E NMC; 9.53' EIP-EXISTING IRON PIPE EIS-FJCIS7ING IRON STAKE NMC ISS -' NMC-NON-MONUMENTED CORNER ! I I M.S.-MAP 1300K D.B.-DEED BOOK J) ! PG.-PAGE CONSERVATION EASEMENT LINE1 + NMC_ ——— TIE DOWN LINE ADJOINER LINE + I I 100 YEAR FLOOD LINE + ++INMC WIRE FENCE LINE WOODLINE 1 lb M 81T�'42'E EIS Q -26.79' MI�! 7 5EIP 3 g0150'� ' 3ZI�G J isS i oQ RIPARIAN Nv. MC PFER(CAPE NFEAR RIVER NM BASIN)NMC Z jEIPI✓.O NMC WOODLINE CONSERVATION EASEMENT C RUNS ALONG THE TOP OF BANK i NMC =/ OF NEVILLE CREEK FROM°A'TO'8' M i�� AREA MAPPED 1 FEMA FLOOD HAZARD / . 1 'MC BY FEMA(ZONE AE. N18"47"10'W CENTERLINE OF FLOODWAY), 87.56 NEVILLE CREEK IS I J MC I I - SHADED X ZONE NOT (PLOTTED, THE PROPERTY LINE - r�1a NM = SHOWN. EIP OO NOT SURVEYED) r -.�, "�3 t r INFORMATION TAKEN r" L11 L12.�V MC 11 FROM: r ^•_ ` L4 !! L10NMC-NMC N 'I I r www.msc.fema.gov ISS O NMC / m NMC: - NMC NMC.,. NMC _ W¢U ! -NMC-I I �'1 f �� yS2 meC NM pILz NMC �N '�'0 = no Q! to41 —1 I—I a9' 3 4J —111=1—L_I� Iss NCGgDCOOndNAIE �s WOOD T+. PLAYHOUSE - 11 E=t;s�z.sear a i f ISSO >a y Ij ISS 563°52'49'W j�O NEW 10'WIDE Og 25.00' ACCESS EASEMENT N g N 02,1731,E (SON EACH SIDE w C c WIRE FENCE IS N 02'1 OF CENTERLINE) IL->Z APPARENT LINE OF POSSESSION o pO S UJ (OWNERSHIP oa!! UNKNOWN) ASPHALT H O 4 DRIVE Z Q J I .ISS is N34.27-WE This document originally issued and sealed by m q I I 20.06' John A.Rudolph,license number L-4194,on p aYZ t/!11 I fSS 12 December 21,2015. This electronic media Q 1 I N18°4T10'W shall not be Considered a certified document. I 67.55' See the project report for certificate and seal. `QFtpG�aO� UP (PLOTTED, u NOTSURVEYED) CONSERVATION EASEMENT FOR ,���GQ-�•�`��• NMC WATERSHED INVESTMENTS Ot 5� N14°tT16'w 0 530.00' (TIE DOWN) ON A PORTION OF THE MCGEE TRACT(PARCEL I.D.9767295479) CHAPEL HILL TOWNSHIP ORANGE COUNTY NORTH CAROLINA b EIP(q 100 50. 0 100 ZOO O ' 300 GR4PMC SCALE 1'= 100' EXHIBIT A SHEET 1 OF 2 METADATA CORNER DESCRIPTIONS OLD GREENSEORO RD CORNER # DESCRIPTION a SITE O No.5 REAR 1.0'BELOW GRADE 2� O No.5 REBAR 0.2'ABOVE GRA coa0 O 1.0"O.D.IRON PIPE 0.6'ABOVE GRADE 'OTks- s Q 1.0'0.D-IRON PIPE @p A� 0.2'ABOVE GRADE 1.0"O.D.IRON PIPE p`�pN yc h O 0.6'ABOVE GRADE a 4PF, No.5 REBAR WITH YELLOW PLASTIC i sT OTHRU ro CAP INSCRIBED:"CONSERVATION U �p EASEMENT"FLUSH WITH GRADE Q; o 14 1.0'0.D.IRON PIPE 0.5'ABOVE GRADE oo VICINITY MAP(NTS) LI ALONG TOP OF BANK OE DATA FROM"A"TOP NEVILLE CREEK LINE LENGTH BEARING 5688 U.S.Hwy.70 East DEED REFERENCE(S): L1 16.08' N30°2T34'E GL2 37.76' N57-4744-E Goldsboro,NC 27534 BEING A PORTION OF THE L3 21.10' 955°46'06"E Tel.:(919)751-0075 PROPERTY RECORDED IN k2design@suddenlink.net D.B.4948,PG.591 OF THE L4 10.96' S85°49'39 DESIGN GROUP,P.A. Firm license No.:C-2111 ORANGE COUNTY REGISTER LS 19.19' S85-18'20"-E E OF DEEDS. L6 34.58' 958'S5'E L7 26.02' N59°3557-E MAP REFERENCE(S): L8 12.71' N32'1 902"E P.B.103,PG.86-89 L9 20.51' N14°2T15"E P.B.8,PG.100 L10 42.08' N75-26.39-E L11 33.20' N84'4938E GRID INFORMATION: L12 38.8B' N84'1751"E L13 25.65' N66'48'13'E ALL DISTANCE SHOWN ARE HORIZONTAL GROUND DISTANCES, L14 32.31' N51°0750-E L15 19.43' N08`42'08'E THE NCSPC SHOWN ON ISS 11 WERE OBTAINED FROM AN NGS OPUS SOLUTION. L16 23.24' 1 N13-05.51-W THIS OBSERVATION WAS STARTED ON 2015/08/06 14:38:00 AND ENDED ON 2015/08/(16 L17 41.59' N35°38'32'W 16:55:00 USING A TOPCON HYPERLITE PLUS GPS UNIT. THE COMBINED FACTOR IS 0.99991895(GEOID 20128 CONUS). THE DATUM IS NAD'83(2011).THE FOLLOWING L18 33.87' N35'05'1 3"W BASE STATIONS WERE USED IN THE OPUS SOLUTION: L19 35.42' N14-35.36-E L20 31.33' N35°08'49'W PID I DESIGNATION LATITUDE(m) LONGITUDE(m) L21 40.24' N20'1 3'32E DG46':7 NCRD RALEIGH DOT CORS ARP N354549.507 W0783444.394 L22 24.33' N70°18'57"E DG9328 DURH DURHAM COOP CORS ARP N355945.129 W0785358.036 L23 33.87' N74"39'07"E DF9213 NCBU BURLINGTON CORS ARP• - N360529.586 W0792612.176 L24 48.13' N65'1929"E L25 24.74' N39'2T10"E L26 44.58' N45'271 9'E I,CERTIFY THAT THIS SURVEY OOFS NOT ACREAGE DATA227 52.38' N48'48'59"E MEET G.S.47-30 AS AMENDED AND THAT THE CONSERVATION EASEMENT IS 1.84 ACRES3 L28 51.63' N28°36'43"E THIS SURVEY IS FOR THE PURPOSE OF AN EXCLUDING ALL RIGHT-OF-WAYS AND ACCESS L29 28.77' N17°5T30"E FX:Hti.OT TO BE>r ACHED TO .LINE EASMENTS BY CGORDINATE COMFU i ATION. L306022' N05°1821-E AGREEMENT. - L31 50.13' N18't 5'08'E 1,CERTIFY THAT THE SURVEY IS OF L32 12.62' N52°31'12"E ANOTHER CATEGORY(CONSERVATION EASEMENT),SUCH AS THE RECOMBINATION FEMA FLOOD STATEMENT: OF EXISTING PARCELS,A COURT-ORDERED SURVEY,OR OTHER EXCEPTION TO THE A PORTION OF THE AREA REPRESENTED BY THIS PLAT IS DEFINITION OF SUBDIVISION. LOCATED IN A FLOOD HAZARD BOUNDARY ACCORDING TO FEMA MAP NUMBER(S)3710976700J 8 3710976800J, I,JOHN A RUDOLPH,CERTIFY THAT THIS ZONE(S):X,SHADED X,AE 8 FLOODWAY,DATED: MAP WAS DRAWN UNDER MY SUPERVISION FEBRUARY 2,2007. FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION.THAT THE RATIO OF CONSERVATION EASEMENT PRECISION IS ONE:10,000+, THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH THE FOR STANDARDS OF PRACTICE FOR LAND WATERSHED INVESTMENTS SURVEYORS IN NORTH CAROLINA.WITNESS MY HAND AND SEAL THIS 7th DAY OF � d JANUARY 2016. 8 ON PORTION OF THE x MCGEE TRACT(PARCEL I.D.9767295479) CHAPEL HILL TOWNSHIP ORANGE COUNTY NORTH CAROLINA e 100 50 0 100 200 300 E SURVEYOR L-4194 GRAPHIC SCALE 1'= 190' October 16,2016 Katie Merritt Nutrient Offset& Buffer Banking Coordinator NCDENR-Division of Water Resources 1617 Mail Service Center Raleigh,NC 27699-1617 Subject: Neville Farms Phase 2 Recorded Easement(DWR#2015-0636) Dear Ms. Merritt: Enclosed for your review is a copy of the recorded easement for Phase 2 of the Neville Farms Buffer and Nutrient Offset Bank. The project's performance bond which has been provided to the Division covers both Phase I and Phase 2 of the subject site. Combined with the recording of the Phase 2 easement, the project has achieved the requirements of Task 1 and, subsequently,we request a 20%release of the Phase 2 credits for the site. If you need to discuss the project, further, please feel free to contact me at mherrmanngwatershedinvestmentsnc net (email)or 919-559-6264 (phone). Sincerely, Mike Hemnann Attachments: Copy of the Phase 2 Recorded Conservation Easement 1630 Weatherford Circle,Raleigh NC 27604 1 Tel :919-533-9195 1 www.vvatershedimvestmentsnc.ner Register Of Deeds,-Orange Co, NC Recording Fee: $26.00 NC Real Estate TX: $.00 1 20161013000216620 P/R Bk: 6203 Pg: 217 10/13/2016 12:43:17 PM 1 /4 Mai]to: Jose h W. Marion P.O.Box 51009 Durh NC 27717-1009 Prepared by: Jos Marion r IA L RELEASE DEED STATE OF NORTH CAROLINA,ORANGE COUNTY THIS DEED,made and entered into this 41, day of J 2016 by and between Mortgage Electr 'c R 'stration S t s Inc.as Nominee for Wesistar o a e Inc hereinafter called Note Holder,party of the first part,and John Thomas McGee n Janine Marie McGee,hereinafter refereed to as party of the second part, WITNESSETH:That,WHEREAS,said party of the second part heretofore executed a certain Deed of Trust dated September 12 2012 and recorded on September 28,2012 in gook 5455,Page 1, County Registry, to secure a certain note therein set Orange out due and payable to the Note Holder, and WHEREAS the party of the second part has requested the Note Holder to release from the lien of the deed of trust so much ofthe land therein conveyed as is hereinafter described, to do so; and the Note Holder has agreed NOW THEREFORE,the party of the first part,for and in consideration of the sum of one dollar and other valuable consideration to it paid by the party of the second part,have remised and release and by these presents does remise, release and forever quitclaim unto the party of the second part and its successors in title,and assigns certain lands situate in Aran Carolina, and more particularly described as follows: - -- County and State of North BEING all of the property described on the attached Exhibit A (2 pages), entitled Conservation Easement for Watershed Investments On a Portion of the McGee Tract (parcel ID 9767295479), containing 1.84 acres,more or less, and a 10 foot wide Access Easement running south from the above described property to and along the existing asphalt drive to the western edge of Grantor's property,as denoted on said attached Exhibit A. This property lies on the northern end of the McGee Tract and adjoins Neville Creek. TO HAVE AND TO HOLD said lands to it,the party of the second part,and its successors in title and assigns, free and discharged from the lien of the deed of trust herein above referred to. submitted electronically by "Harriss & Marion, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the orange County Register of Deeds. But it is understood and agreed that this release shall apply only to so much of said lands as are herein expressly described and conveyed,and that the remainder of said lands shall remain subject to the lien of the deed of trust,and shall remain in full force and effect. When reference is made to the Party or Parties,or to the Note Holder or the Note,the singular shall include the plural and the masculine shall include the feminine or the neuter. IN TESTIMONY'WHEREOF,said Note Holder,party of the first part,have executed this Release Deed,the day and year first above written. Note Holder: Mortgage Electronic Registration Systems,Inc.as Nominee for Weststar Mortgage,Inc By: ✓ , Title: Mcg �, ' STATE OF !� / �' .�l'/SG'.� , COUNTY OF V, All v✓ I /1Crs�r� (•.�,j;a �.s a Notary Public of x'1q etZ e County,State of+le#lr >C�s a eliva,do hereby certify that ltl.,,K rlie/4 cX11, personally appeared before me this day and 7% acknowledged to me that_he is the I e•e- f'.r.;d C. `- of Mortgage Electronic Registration Systems.Inc.as Nominee for Weststar Mortgage Inc,, Noteholder, and by the authority duly given and as the act of said entity,voluntarily signed the foregoing instrument for the purposes therein expressed. Witness my hand and official stamp or seal,this qty' dday of re bf­r v ,2016. Sign: "'�f'4�' Print: ���+�_��•�yam,l c -Notary Public NOTARY PUBLIUCC OOF NEW JERSEY ROBERT My Commission Expires: ��/7/,Za) F E My Commission Expires August 17,2020 ID#2453287 / �r'S EXHIBIT A SHEET 2 OF 2 LEGEND: 1'r r ! 1''g^,/ S17°44'42'E ISS-IRON STAKE SET L32 NMC__ 9.53' EIP-EXISTING IRON PIPE NMC EISI 1 EIS-EXISTING IRON STAKE ( 1— NMC-NON-MONUMENTED CORNER J M.B.-MAP BOOK _� III I— ORANGE D.B.-DEED BOOK 11 1 I—I PG.-PAGE I N COUNTY 1 1 CONSERVATION EASEMENT LINE 1 1 I NMC-1 I; D.B. � $ ———— TIE DOWN LINE 1'J I I I&N PG.4462, 399 ADJOINER LINE 1 + I 100 YEAR FLOOD LINE 1 NM�1y�,CII�j --->E— WIRE FENCE LINE WOODLINE Ij T1 �ry0 817'44'42"E EIS O !� I 26.79' 1y�NMC`—I I Sifi83 p5 W EIP IS8 //jJ NM�—I z z GAMBILL !�6 I=I O D.B.276,PG.715 ?`o 0�/g pt ( _I I I7 N M 0 50'RIPARIAN -NM,- BUFFER(CAPE ZI _ NMC NMC�� FEAR RIVER ' o =NMI C-I ��--I1y�=� I I'- BASIN) yy Z I.I I (�III Il�r /EIPO 1 1 NMC I I WOODLINE / NMC \\O NMC ,y N C O CONSERVATION EASEMENT RUNS ALONG THE TOP OF BANK \\ NMC OF NEVILLE CREEK FROM'A"TO"B" I FEMA FLOOD HAZARD / \ \ \ NMCTj AREA AS MAPPED D.B.MCGEE PG.591 t \ I�' BY FEMA(ZONE AE, / N18°47'10"W CENTERLINE OF I� SHADEFLOODD Z f 7C— SHADED X ZONE NOT 23445 NEVILLE GREEK IS /� � EIP OO (PLOTTED, THE PROPERTY LINE r 4 L r r%\.\a_NMC� INFORMATION TAKEN NOT SURVEYED) r L12�C tJt III FROM: -L4 f//„ 10 11NMCNMC188 Qi www'mw fema.gw I r NMC�ti( ! a� NAAC_NMC{—y ISI IL(I'�'�I1I1 I_mow / NMC -NM<NMCI� NMCJJ ISS „A„ )—_I, I� ISS WOOD tib' t1 r r III PLAYHOUSE NCGRIDCODRDI-M ORCHARD OF N=7.9.771.2269 E=1.962.688.2441' CHAPEL HILL ISSO No.5 REBAR WITH BLUE / HOMEOWNERS' 7' t 135 S63'5249'W NEW 10'WIDE PLASTIC CAP INSCRIBED: ASSOCIATION,INC t 95 ® 25.00' ACCESS EASEMENT "CONTROL POINT"FLUSH / D.B. 03, .8-8 �W ON EACH SIDE WITH GRADE P.B.103,PG.86-69 N 02'.2'31'L ,?AR=FENCE IS 1 OF CENTERLINE) AND SUITABLE FOR OPS APPARENT LINE Y 134.V' ; OBSERVATIONS I OF POSSESSION-/ (OWNERSHIP EXISTING MCGEE UNKNOWN) ASPHALT D.B.4948'PG.591 HERRING DRIVE D.B.5906, 1 i't NMC N34'2T50'E PG.457 1 1 M1 'NMC 20.06' _ 87.55' Q�4 (PLOTTED, Q�FiG 20VUP NOT SURVEYED) o 0 CONSERVATION EASEMENT o�k,cy �,�` FOR NMC WATERSHED INVESTMENTS F LyJQ' N14°1T70'W 530.00' (TIE DOWN) ON A PORTION OF THE x MCGEE TRACT(PARCEL I.D.9767295479) 1 CHAPEL HILL TOWNSHIP ORANGE COUNTY NORTH CAROLINA b EIP /4 100 50 0 100 200 300 GRAPHIC SCALE I'= 100' LU U EXHIBIT A ca SHEET 1 OF 2Mz =or- =0=x x 40 METADATA CORNER 0' w DESCRIPTIONS z_w >w� CORNER DESCRIPTION >¢a O SITE O No.5 REBAR FLUSH WITH m g> GRADE w z w s❑ O Oz No.5 REBAR 0.2'ABOVE GRADE W O 1.0'O.D.IRON PIPE 4v aEs- 0.6 ABOVE GRADE <o m 1.0'O.D-IRON PIPE O U 0.2ABOVE GRADE rZn m a pR y�l O 1.0'0.0.IRON PIPE 2 0 ePO,p� 0.6 ABOVE GRADE W Q. v 2 sr OTHRU/a No.5 REBAR FLUSH WITH m F Rp GRADE 12 1.0"O.D.IRON PIPE 0.5'ABOVE GRADE op LINE DATA FROM"A'TO'B' VICINITY MAP(NTS) ALONG TOP OF BANK OF NEVILLE CREEK _ LINE LENGTH BEARING 5688 U.S.H 70 East L7 16.08' N30-27.34"E ' DEED REFERENCE(S): L2 37.76' N57'42'44'E Goldsboro,NC 27534 BEING A PORTION OF THE L3 21.10' S55'46'06"E Tel.:(919)751-0075 PROPERTY RECORDED INL4 10.86' 885'49'39E ' k2desi n suddenlink.net D.B.4948,PG.591 OF THE : '- 9 � LS 78.19' S43°33'20'E s/tv'ta OUP,P.A. Firm license No.:C-2111 ORANGE COUNTY REGISTER LB 34.58' 585°7855'E OF DEEDS. L7 26.02' N59°39'57-E MAPREFERENCE(S): La 12.71' N32-IF02-E P.B.103,PG.86-89 L9 20.51' N11-27'15"E P.B.8,PG.100 L70 42.08' N75°2639-E L11 33.20' NB4'49'38"E L12 38.88' N84'12'51"E GRID INFORMATION:• _ L13 25.65' N66"48.13'E ALL DISTANCE SHOWN ARE HORIZONTAL GROUND DISTANCES. L74 32.31' N51°02'50•E L15 19AT N08°42'08"E THE NCSPC SHOWN ON ISS 11 WERE OBTAINED FROM AN NGS OPUS SOLUTION. L16 23.24' N13'05'51%N THIS OBSERVATION WAS STARTED ON 20151OB10614:38:00 AND ENDED ON 2015/08/06 Liz 41.59' N35°38'32'W 16:55:00 USING A TOPCON HYPERLITE PLUS GPS UNIT.THE COMBINED FACTOR IS L18 33.8T N35-05'13"W 0.99991885(GEOID 2012B CONUS).THE DATUM IS NAD'83(2011).THE FOLLOWING L19 35.42' N14'3536'E BASE STATIONS WERE USED IN THE OPUS SOLUTION: L20 1 31_33' 1 N35'0648'W PID I DESIGNATION LA rruDE(mj I LONGITUDE(m) L21 1 40.24' 1 N20°13'32'E DG4687 I NCRD RALEIGH DOT CORS ARP N354549.507 -0783444.394 L22 24.33' N70-18-57'E DG9328 DURH DURHAM COOP CORS ARP N355946.129 W0785368.036 L23 33.87' N74°3907"E OF9213 NCBU BURLINGTON CORS ARP N360529.585 W0792612.176 L24 48.13' N65'10"29'E L25 24.74'T N39-27'10"E L26 44.58' N45'2Y19'E I,CERTIFY THAT THIS SURVEY DOES NOT ACREAGE DATA L27 52.38' N48'48'59"E MEET G.S.47-30 AS AMENDED AND THAT THE CONSERVATION EASEMENT IS 1.84 ACRES± 1"28 51.63' N28°36'43'E THIS SURVEY IS FOR THE PURPOSE OF AN EXCLUDING ALL RIGHT-OF-WAYS AND ACCESS L29 28.77 N17"57'30-E EXHIBIT TO BE ATTACHED TO A LINE EASMENTS BY COORDINATE COMPUTATION. L30 60.22' NW18'21"E AGREEMENT. L31 60.13' N18*ISM'E I,CERTIFY THAT THE SURVEY IS OF L32 12.82' N52'31'12'E ANOTHER CATEGORY(CONSERVATION EASEMENT),SUCH AS THE RECOMBINATION FEMA FLOOD STATEMENT: OF EXISTING PARCELS,A COURT-ORDERED A PORTION OF THE AREA REPRESENTED BY THIS PLAT IS SURVEY,OR OTHER EXCEPTION TO THE LOCATED IN A FLOOD HAZARD BOUNDARY ACCORDING DEFINITION OF SUBDIVISION. TO FEMA MAP NUMBERS)37109767001 8 3"1)9768WJ, DRAWN U CERTIFY MY MY THAT THIS SUPERVISION ZONE(S):X,SHADED X.AE 8 FLOODWAY,DATED: MAP WAS DRAWN U I,JOHN A FEBRUARY 2.2007. FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION.THAT THE RATIO OF CONSERVATION EASEMENT PRECISION IS ONE:10,000+.THAT THIS MAP FOR WAS PREPARED IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND WATERSHED INVESTMENTS SURVEYORS IN NORTH CAROLINA. WITNESS i RANO AND SEAL THIS 21th DAY OF DECEMBER 2015. This document originally issued and sealed by A John A.Rudolph,license number L-4194,on ONA POR TION OF THE I December 21,2015.This electronic media shall not be considered a certified document. MCGEE TRACT(PARCEL I.D.9767295479) See the Project report for certificate and seal. CHAPEL HILL TOWNSHIP ORANGE COUNTY NORTH CAROLINA 100 50 0 100 200 300 SURVEYOR L-4194 GRAPHIC SCALE 1'- 100'