20141149 Ver 4_Conservation Easements_20170501

11111111111111 III IIIII IIIII IIII 11111 IIII! 11111 IIIII IIIII IIIII Illi! 11111 IIII IIII
Doc ID: 011965780010 Type; CRP
Recorded: 10/17/2014 at 10:34:23 AM
Fee Amt: $183.00 Pape 1 of 10
Revenue Tax: $157.00
Alamance, NC
HUGH WEBSTER REGISTER OF DEEDS
BK3371 PG814-823
SCHELL BRAY PLLC
ATTN: WJLLIAM AYCOCK II
7 100 EURDPA DRIVE, STE 271
CHAPEL HiU, NC 27517
STATE OF NORTH CAROLINA
PERMANENT CONSERVATION
EASEMENT
COUNTY OF ALAMANCE
THIS PERMANENT CONSERVATION EASEMENT ("Conservation
Easement") made this 17th day of October, 2014 by and between JAMES D. LAMM,
TRUSTEE OF THE JAMES D. LAMM REVOCABLE INTER VIVOS TRUST DATED
JULY 1, 1998, as to a one-half undivided interest, and CAROL W. LAMM, TRUSTEE
OF THE CAROL W. LAMM REVOCABLE INTER VIVOS TRUST DATED JULY 1,
1998, as to a 1/2 undivided interest (collectively, Grantor") and RESTORATION
SYSTEMS, LLC, a North Carolina limited liability company ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Newlin Township, Alamance County, North Carolina, more particularly
described as the Conservation Easement Area in Exhibit A attached hereto and
incorporated herein ("Property"); and
WHEREAS, Grantor and Grantee desire to facilitate the establishment of an
environmental mitigation bank on the Property as more particularly described herein; and
WHEREAS, Grantee agrees that it shall cause the appropriate environmental
mitigation and restoration to be accomplished on the Property as more particularly set
forth herein and, upon completion of such restoration and mitigation, Grantee will assign
this Conservation Easement to a non-profit corporation or trust whose purpose is the
conservation of property and which is qualified to be the grantee of a conservation
r0\v4
Book: 3371 Page: 814 Page 1 of 10

easement pursuant to N.C. Gen. Stat. §121-34 et. sec . and Internal Revenue Code
§ 170(h); and
WHEREAS, the preservation of the Property is required and governed by
Grantee's Upper Cape Fear Stream Umbrella Mitigation Bank ("Mitigation Banking
Instrument") to be filed with the North Carolina Division of Water Quality ("DWQ");
and
WHEREAS, Grantor and Grantee agree that third -party right of enforcement shall
be held by the U.S. Army Corps of Engineers, Wilmington District ("Corps" and
including any successor agencies) and DWQ and that these rights are in addition to, and
do not limit, the rights of the parties to the Mitigation Banking Instrument.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and
irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and
in perpetuity a Conservation Easement of the nature and character and to the extent
hereinafter set forth, over the 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 Grantor,
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 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,
2
Book: 3371 Page: 814 Page 2 of 10

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 horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
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 Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous
waste, or any placement of underground or aboveground storage tanks or other materials on the
Property is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals
or other materials, and no change in the topography of the land in any manner on the Property,
except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering
or tampering with water control structures or devices, or disruption or alteration of the
restored, enhanced, or created drainage patterns. In addition, diverting or causing or
permitting the diversion of surface or underground water into, within or out of the easement
area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or
wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred 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 -terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
3
Book: 3371 Page: 814 Page 3 of 10

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
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for itself, and its 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, Grantor reserves for Grantor, its
successors and assigns, the right to construct wetland and stream mitigation on the Property,
in accordance with the detailed mitigation plan approved in accordance with the Mitigation
Banking Instrument.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the Corps
and DWQ shall have the right to enter the Property at all reasonable times for the purpose of
inspecting the Property to deteinune if the Grantor, or its 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, Grantee is 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 Grantor
that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of
such breach. The Grantor shall have 30 days after receipt of such notice to correct the
conditions constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal proceedings
including damages, injunctive and other relief Notwithstanding the foregoing, the Grantee
reserves the immediate right, without notice, to obtain a temporary restraining order,
injunctive or other appropriate relief if the breach of the term of this Conservation
Easement is or would irreversibly or otherwise materially impair the benefits to be
derived from this Conservation Easement. The Grantor and Grantee acknowledge that under
4
Book: 3371 Page: 814 Page 4 of 10

such circumstances damage to the Grantee would be irreparable and remedies at law will be
inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to,
and not in lieu of, all other rights and remedies available to Grantee in connection with this
Conservation Easement. The costs of a breach, correction or restoration, including the
Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided
Grantor is determined to be responsible for the breach. The Corps 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 Grantor for any injury or change in the Property
resulting from causes beyond the Grantor's control, including, without limitation, fire, flood,
storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any
prudent action taken in good faith by Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to life, damage to property or harm to the Property resulting
from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which may
be impaired by the granting of this Conservation Easement or that there are no outstanding
mortgages, tax liens, encumbrances, or other interests in the Property which have not been
expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee
shall have the use of and enjoy all the benefits derived from and arising out of this
Conservation Easement, and that Grantor will warrant and defend title to the Property against
the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in all
or a portion of the Property. The Grantor agrees to provide written notice of such transfer at
least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the
terms of 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 Corps and DWQ.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the Grantee hereby
covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the
organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34
et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and
agrees that the terms of the transfer or assignment will be such that the transferee or assignee
will be required to continue in perpetuity the conservation purposes described in this
document.
61
Book: 3371 Page: 814 Page 5 of 10

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. If
any provision is found to be void or unenforceable by a court of competent jurisdiction, the
remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free
of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be
responsible for any costs or liability of any kind related to the ownership, operation,
insurance, upkeep, or maintenance of the Property, except as expressly provided herein.
Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local
laws, regulations and permits that may apply to the exercise of the Reserved Rights.
F. 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 and direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this 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 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 Grantor:
Charles D. Lamm and Carol W. Lamm, Trustees
7354 Lindley Mill Road
Graham, NC 27253
C
Book: 3371 Page: 814 Page 6 of 10

To Grantee:
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
To the Corps:
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
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 a writing
signed by all parties hereto, and provided such amendment does not affect the qualification of this
Conservation Easement or the status of the Grantee under any applicable laws, and is
consistent with the conservation purposes of this grant.
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, shall be described in Section , Appendix B of the Mitigation Plan,
a copy of which shall be delivered to Grantor. 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.
[signatures continued on the following page]
7
Book: 3371 Page: 814 Page 7 of 10

IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and
year first above written.
L)
ekXMFD. LAMM, Trustee of the
D. Lamm Revocable Inter Vivos
Trust Dated July 1, 1998
CAROL W. LAMM, Tr stee of the
Carol W. Lamm Revocable Inter Vivos
Trust Dated July 1, 1998
NORTH CAROLINfA
COUNTY OF
I, Raymond Holz, a Notary Public in and for the County and State aforesaid, do hereby certify
that James D. Lamm, Trustee and Carol W. Lamm, Trustee, collectively, Grantor, personally
appeared before me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 17 day of
October, 2014.
.�. 'A. ''cam-e�.�.�
Notary Public b i o fl i(-- G ZoqHely
My commission expires:
D -- /4;-'! / g
Book: 3371 Page: 814 Page 8 of 10
DICKIE G. BATTEN
NOTARY PUBLIC
GUILFORD COUNTY, _NC
My Commission Expires

IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and
year first above written.
Restoration Systems,, LLC
By:
Its:
NORTH CAROL A ,
COUNTY OF
I, �• �� , a Notary Public of said County and State,
certifythat fd o lx. personally came before me this day
and acknowledgeN that he is ' of RESTORATION SYSTEMS, LLC,
a North Carolina limit& liabilit company, and that he as
being authorized to do so, executed the foregoing on
behalf of Restoration' Systems, LLC.
WITNESS my hand and official seal, this 17th day of October, 2014.
(Notary Seal)
My Commission Expires:
DICKIE G. BATTEN
NOTARY PUBLIC
GUILFORD COUNTY, NC
My Commission Expires -,IL -a 0
0
Book: 3371 Page: 814 Page 9 of 10
Notary Public

Exhibit A
Legal Description
CONSERVATION EASEMENT AREA
All of the New Conservation Easement of the Rocky Top Site lying and being situated in Newlin
Township, Alamance County, North Carolina and particularly described as follows (all distances
are ground distances unless otherwise noted):
Beginning at an iron pipe (Point of Beginning) labeled as Point No. 1 and being the Southeastern
most corner of the New Conservation Easement and being located North 60°52'44" East 2567.75
feet from an iron stake (Point No. 110) with N.C. Grid Coordinates N=776,579.1128',
E=1,883,262.0701 (NAD '83, 2011).
Thence from the Point of Beginning (Point No. 1), South 67°45'28" West 149.34 feet to an
existing iron pipe; thence South 67°45'38" West 249.06 feet to an existing iron pipe; thence South
78°49'37" West 199.90 feet to an existing concrete marker; thence North 76°07'18" West 349.90
feet to an existing iron pipe; thence North 36°57'28" East 77.34 feet to a "Fixe" 3/8" bolt set in
rock outcrop; thence North 59'14'48" East 208.93 feet to an iron stake set; thence North
75°06'05" East 267.39 feet to an iron stake set; thence North 64°01'59" East 200.48 feet to an iron
stake set; thence North 81°52'57' East 255.44 feet to an iron stake set; thence South 02°54'50"
West 255.97 feet to an iron stake set which is the Point of Beginning (Point No. 1), having an
area of 5.16 acres, all as shown on that certain plat of survey entitled "Conservation Easement
Survey for Restoration Systems, LLC, to be known as: "Rocky Top Conservation Easement""
dated September 29, 2014, by K2 Design Group, P.A., PLS No. 4149, recorded in Book of Maps
76, Page 402, Alamance County Registry (the "Survey").
TOGETHER WITH a new twenty (20) foot -wide, perpetual, non-exclusive access easement for
ingress, egress, and regress and future utility easement reserved to Grantor and conveyed to
Restoration Systems, LLC, as shown on the Survey.
ALSO TOGETHER WITH an existing twenty (20) foot -wide, perpetual, non-exclusive access
easement for ingress, egress, and regress and future utility easement reserved to Grantor and
conveyed to the State of North Carolina and Restoration Systems, LLC, as shown on that certain
plat of survey entitled "Final Plat, Conservation Easement Survey for the State of North Carolina,
Ecosystem Enhancement Program, EEP Project ID# 96311, SPO File 01-U, NC EEP Contract #
5790, RFP# 16-005568, Abbey Lamm Restoration Site," dated July 24, 2014, by K2 Design
Group, P.A., PLS No. 4149 and recorded in the office of the Register of Deeds, Alamance County,
North Carolina, in Book of Maps 76, Pages 373 and 374.
Book: 3371 Page: 814 Page 10 of 10