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HomeMy WebLinkAbout20170110 Ver 2_Conservation Easement_20170711Page 1 of 12 3 3 0 9 Indexed Doc ID: 011637800012 Type: CAP Recorded: 06/27/2017 at 01:10:30 PM Fee Amt: $26.00 Page I of 12 WAYNE COUNTY, NC JUDY HARRISON REGISTER OF DEEDS BK3309 PG279-290 IQ - 1,:26.0,0 At) rPVetofe"..- Prepared by and 3!1��ason A. Brenner, 310 E. Main Street, Suite 355, Carrboro, NC 27510 PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this 27th day of June, 2017 by and between Restoration Systems, LLC, a North Carolina for profit corporation ("Grantor") and North Carolina Wildlife Habitat Foundation, a North Carolina not for profit corporation ("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 twenty-two point eight one (22.81) acres situated, lying and being in Wayne County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property"); WHEREAS, Grantee is a nonprofit corporation 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, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the Property in its natural state, which includes the Book: 3309 Page: 279 Seq: 1 Page 2 of 12 H3 3 0 9 FA51 2 8 0 following natural communities: unnamed tributaries and open field ditches and the adjacent riparian resources. The purpose of this Conservation Easement is to restore and maintain riparian resources, aquatic and ecological resources 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 by the Weaver Farm Mitigation Banking Instrument ("MBI") (NCDWR# 2017-0110v2) that was submitted to the North Carolina Division of Water Resources ("NCDWR") on May 4, 2017 for review and approval. The MBI is between Restoration Systems, LLC acting as the "Bank Sponsor" and NCDWR. The use of the Property is to restore it to a natural vegetated condition as provided in and specified in the Weaver Farm Bank Parcel Development Package ("BPDP") which was submitted to NCDWR on May 25, 2017 for review and approval. The approval of the Weaver Farm MBI and BPDP allow RS to establish the Weaver Farm Mitigation Bank on the Property. The Mitigation Bank is intended to compensate for unavoidable buffer impacts authorized by permits issued by the NCDWR and to provide mitigation for nutrient offsets due to development (both existing and proposed) within restricted areas of the Neuse River Basin. Grantor and Grantee agree that third -party rights of enforcement shall be held by NCDWR, to include any successor agencies, and that these rights are in addition to, and do not limit, the rights of Restoration Systems, LLC to comply with the MBI and BPDP with the NCDWR. 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 1. 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. Book:3309 Page:279 Seq:2 Page 3 of 12 3 3 0 9 Uff 2 8 1 ARTICLE 11. 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, 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, except as provided in the BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the BPDP is allowable once a year for no more than five (5) consecutive years from the date on page I of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by Restoration Systems, LLC and shall not violate any part of Item L of Article 11 or extend beyond five years from the date on page I of this Conservation Easement. 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 Book:3309 Page:279 Seq:3 Page 4 of 12 � 'I I [,,A' 3 3 0 9 2 8 2 A K toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. 1. 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, other than for temporary or occasional access by Restoration Systems, LLC, the Grantee, its employees and agents, successors, assigns, and NCDWR for purposes of constructing, maintaining and/or monitoring the restoration of riparian areas within the Conservation Easement Area. 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 111. GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for itself, its 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. Book:3309 Page:279 Seq:4 Page 5 of 12 A11,C31 3 0 9 FAI H 2 8 3 Notwithstanding the foregoing Restrictions set forth in Article IL above, and otherwise in this instrument, Grantor reserves for itself acting as the Bank Sponsor, its successors and assigns, the right to construct a Mitigation Bank and to perform activities related to the restoration of riparian areas within the Property in accordance with the approved Weaver Farm MBI and corresponding Weaver Farm BPDP. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and NCDWR, shall have the right to enter the Property at all reasonable times for the purpose of inspecting said Property to determine if the Grantor, 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, Grantee and the NCDWR 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 Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have thirty (30) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after thirty (30) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including claims for damages, injunctive and other relief. I 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 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 Book:3309 Page:279 Seq:5 Page 6 of 12 601 li �', 3 3 0 9 P A 512 8 4 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. NCDWR 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. Warrant�. 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 thirty (30) 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 DWR. C. Assignmen . 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 Book:3309 Page:279 Seq:6 Page 7 of 12 L;' L ;,I.J 3 T, 0 9 2 8 5 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. The combined MBI with corresponding BPDP and this instrument sets forth the entire agreements of the parties with respect to the Conservation Easement and supersedes 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 except those incurred after the date hereof and which are expressly subject and subordinate to the Conservation Easement. Grantee should 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 Book:3309 Page:279 Seq:7 Page 8 of 12 E I [111i�,k 3 �3� 0 9 DUE 2 8 6 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. 1. 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: Restoration Systems, LLC 1101 Haynes Street Suite 211 Raleigh, NC 27604 To Grantee: North Carolina Wildlife Habitat Foundation PO Box 29187 Greensboro, NC 2 7429 To NCDEO -DWR: NCDEQ — 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 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, are described in the BPDP, prepared by Restoration Book:3309 Page:279 Seq:8 Page 9 of 12 .. I "'y 'JE2 8 1 b'j i � '— A Systems, LLC acting as the Bank Sponsor for the Weaver Farm Mitigation Bank and is acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor 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 Grantor has hereunto set its hand and seal, the day and year first above written. [Signature pages to follow] MOOMMANURNMEWAINN . Book:3309 Page:279 Seq:9 Page 10 of 12 3 0 ff 2 8 8 16 Resfbr,.f% , STATE OF NORTH CAROLINA COUNTY OF WAKE I certify that the following pe r nally appeared before me this day, acknowledging to me that rl MIJ Y�A signed the foregoing document as the duly -authorized signa L tozy_�or Restoration Systems, LLC:* Pres; C) 0., UVITNESS my hand and official seal, this 27th day of June, 2017. \o\W111111111//. NotaryA Official Signature vk\ SYLO (Official Se*��' ------ n PV 10 JA/ Notary's Printed or Typed Name countv WOW S� My Commission Expires: H C Book: 3309 Page: 279 Seq: 10 Page 11 of 12 n a LIU Ij i r J L 2 U j Par -ON Q;Ijht—� 9403"f T:6,,nA"4%%-ojo% GRANTEE��,��, By: (, "k, Z_- 12L.1 Title: C�e, tq STATE OF NORTH CAROLINA COUNTY OF WAKE I certify that the following person personally appeared before me this day, acknowledging to me that Gregory ErwiTfsigned the foregoing document as the duly -authorized si ry for North Carolina Wildlife Habitat Foundation: 1W C 0. WITNESS my hand and official seal, this 27th day of June, 2017. N�\0%%%% I I I I I I If// Notarf's Official Signature (Official Seal�_,' :Z 441, 0 Y)o -Z = �vb vv Notary's Printed or Typed Name My Commission Expires: /At v /,8011111MO Book: 3309 Page: 279 Seq: 11 Page 12 of 12 ''HiA, �A ,�jbf`3309 FIIH290 FXHTRIT A PARCEL DESCRIPTION BEING a conservation easement over that piece or tract of land containing 22.81 acres more or less as shown on that map entitled "A Portion of Lot No. 1 Owned By Jerry Mack Weaver and Ellen Roe Weaver," recorded in Plat Cabinet 0, Slide 65-J, Wayne County Registry of Deeds. And being a conservation easement over that tract of land conveyed to Grantor by deed recorded in Book 3308, Page 157, Wayne County Registry of Deeds. TOGETHER with a non-exclusive easement appurtenant for ingress, egress and regress and for the installation, repair and maintenance of utilities, over, on, through and under that tract labeled "new 40" wide non-exclusive easement for ingress, egress and regress on that plat recorded in Plat Cabinet 0, Slide 65-J, Wayne County Registry, which easement shall be for the use of the Grantee, its guests, agents, licensees and invitees, and for the use of any successor(s) in title to any portion of the tract herein conveyed, or any subsequent subdivision(s) thereof, and the guests, agents, licensees and invitees of any successor(s) in title to said tract, or subsequent subdivision(s) thereof, without regard to any increase in burden on any parcels that may be servient to said Easement, but any increase in burden shall be reasonable for the conditions then existing. Book: 3309 Page: 279 Seq: 12 Page I of I LEGEND: ISS - IRON STAKE SET ISS - IRON STAKE SET WITH PLASTIC YELLOW CAP ECM - EXISTING CONCRETE MARKER EIP - EXISTING [RON PIPE ERRR - EXISTING RAILROAD RAIL PTI - PINCHED TOP IRON EA - EXISTING AXLE EDS - EXISTING DRIVE SHAFT EMN - EXISTING MAG NAIL EDS - EXISTING DRIVE SHAFT RPS - RANGE POLE SET EMN - EXISTING MAG NAIL MNS - MAG NAIL SET EIS - EXISTING IRON STAKE EPP - EXISTING PUMP PIPE PPS - PUMP PIPE SET NMC - NON-MONUMENTED CORNER RAN - RIGHT OF WAY EOP - EDGE OF PAVEMENT E/B - EASEMENT BOUNDARY CL - CENTERLINE UP - UTILITY POLE KbB. - MAP BOOK PB - PLAT BOOK D.B. - DEED BOOK PG. - PAGE CORNER DESCRIPTIONS CORNER DESCRIPTION S75'1 2'07"E 112.9-V LLINE L L2 No. 5 REBAR FLUSH WITH GRADE 01-HRU WITH PLASTIC YELLOW CAP S75'03'27"E INSCRIBED: "CONSERVATION L3 L4 EASEMENT- 46-66 1.5"O.D, IRON PIPE FLUSH WITH TO BE 7RAIVSFERRED AS A CONSERVA T101V E41SEMENT TO GRADE @ NCDOT CONCRETE RAN MARKER '6 G.5'ABOVE GRADE @ No. 8 REBAR 0.1'BELOW GRADE THRU No. 5 REBAR FLUSH WITH GRADE WEAVER FARM BUFFER RESTORATION PROJECT No. 5 REBAR FLUSH WITH GRADE -_ 6� WITH PLASTIC BLUE CAP (THE FIELD SURVEY TOOK PLACE DU RING APRIL 2017) INSCRIBED: "CONTROL POINT" 200 100 0 200 400 600 No. 8 REBAR 0.1'BELOW GRADE PROPERTY LINE COMPUTED PROPERTY LINE TIE DOWN LINE ROAD CENTERLINE ADJOINER OR RAN LINE TOP OF BANK LOWLANDS El 7=7 /_7 -1 PROPOSED 40'ACCESS EASEMENT LINE DATA IN BEARING i DISTANCE L Ll S75'1 2'07"E 112.9-V LLINE L L2 S73'37'50"E 150.5& L3 S75'03'27"E 130.15' L3 L4 N17 -09-24"E .. 46-66 CERTIFICATE OF OWNERSHIP, DEDICATION & MAINTENANCE I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of Wayne County (Exempt Plat) and that I hereby adopt this conservation easement with my free consent, as noted on this plat. Date OwniTr �_K- (7 W4�ma"'-� Date Owner, 0 STATE OF NORTH CAROLINA COUNTY OF WAYNE Filed for registration atA: 24! aff M..OQn ___ q__ , 2017 in the Register of Deeds Office. Recorded in P.C.— 0 SL. GENERAL NOTES: NO HORIZONTAL CONTROL EXISTS WITHIN 2000 FEET. NOTE: NO ABSTRACT OF TITLE, NOR TITLE COMMITMENT, OR RESULTS OF TITLE SEARCH WERE FURNISHED TO THE SURVEYOR. ALL DOCUMENTS OF RECORD REVIEWED ARE NOTED HEREON (SEE REFERENCES). THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT MAY AFFECT THIS SURVEYED PARCEL. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES. YELLOW PLASTIC ON TOP OF IRON STAKE SET ON CONSERVATION EASEMENT CONSERVATION BOUNDARY YELLOW PLASTIC CAP NOT TOO SCALE ACREAGE DATA TOTAL FUTURE CONSERVATION EASEMENT IS 22.81 ACRESi EXCLUDING ALL EASEMENTS & RIGHT-OF-WAYS BY COORDINATE COMPUTATION FEMA FLOOD STATEMENT - THE CONSERVATION EASEMENT REPRESENTED BY THIS PLAT IS LOCATED IN A FLOOD HAZARD BOUNDARY ACCORDING TO FEMA MAP NUMBER(S) 3720255600J & 3720256600J ZONE(S): SHADED X&AE DATED: DECEMBER 2,2006. 0 (05 - J - DEED REFERENCE(S): BEING A PORTION OF LOT I RECORDED IN D -B. 935, PG. 654 OF THE WAYNE COUNTY REGISTER OF DEEDS. MAP REFERENCE(S): P.C. M SL. 16-C IndeXed ;;Z' CC) Z Z 8 S58'23'34"E ISS 82*3 '13 -LI; 35.17' WEAVER 401.55, NMC 0 Z W*45'57E D.B. 935, PG. 654 LOT No. 1 S05*W43W ISS 105.00, WEAVER Z 2 � D B 935 PG 654 n6 FUTURE t LUI NO. I �U� ��J VV kl�) S27*21'33"E ISS EASEMENT FOR 103.56' NORTH CAROLINA ISSO S20*33'59"E WILDLIFE HABITAT I FOUNDATION 7— 60.94 ACCESS EASEMENT NEW 49 WIDE NON-EXCLUSIVE ACCESS EASEMENT FOR INGRESS, EGRESS & REGRESS TO BE CONVEYED TO RESTORATION S32'21'03"E SYSTEMS, LLC. AREA = 0.42 ACRES± IP BY COORDINATE COMPUTATION (D iss FEATUR Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material sites, underground utilities or any other features above, or below ground other than those shown. However, no visible evidence of cemeteries or utilities, aboveground or othervAse, was observed by the undersigned (other than those shown). I certify that the survey is of another category (greater than ten acres), such as the recombination of existing parcels, a court-ordered survey, or other exception to the definition of subdivision. I JOHN A. RUDOLPH , certify that this plat was drawn under my supervision from (an actual survey made u nder my supervision) (deed descd ption recorded i n Book SE E , Page REFS , etc.) (other); that the ratio of precision as calculated by latitudes and departures is 1 110,000 that the boundaries not surveyed are shown as broken lines plotted from information found in D3. xx Page xx ; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number, and seal this 05th day of June A.D. 2017. SEAL OR STAMP �A CA/� 0 V SEAL L-4194 SUM, <Z z. ...' '\" % 9V 0 A RUR�' 0"F01160 RESTORATION SYSTEMS, LLC 1101 HAYNES STREET SUITE 211 RALEIGH, NC 27604 8 ISS 518.29 ISS FUTURE CONSERVATION EASEMENT 22.81 ACRES± BY UNNAMED COORDINATE COMPUTATION TRIB S55*W20"W 58.29 \ G cc; ISS J NCGS RTN DATA FOR ISS (1��O8 - NC GRID COORDINATES FOR ISS N=566A74.9289 E=2,260,425.3697' - GRID FACTOR (GRID TO GROUND) 1.00012651875 GRID FACTOR (GROUND TO GRID) 0.99987348125 GEOID 2012B CONUS ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES GPS RECEIVER USED: TOPCON HIPER SIR WITH A MINIMUM OBSERVATION TIME OF 180 SECONDS COMPLETED ON 04111/2017 N88*36'00"W 126.96, 0 N51 -46-44-W ISS 60.156 8ISS 83-66 (GREATER THAN TEN ACRES) OF A PORTION OF LOT No. 1 OWNED BY (TIE DOWN) JERRY MACK WEAVER & ELLEN ROSE WEAVER ISS N87*r>4" 5"W SW'0931'W %YAJA. Jil MIND" iA1d6- EXISTING RESTORATION SYSTEMS, LLC ISS TO BE 7RAIVSFERRED AS A CONSERVA T101V E41SEMENT TO METAL SHED NORTH CAROLINA WILDLIFE Registd*& Deeds By '6 ERCM HABITAT FOUNDATION WEAVER WEAVER FARM BUFFER RESTORATION PROJECT 130;;,n- 03"�— -_ 6� 8 (THE FIELD SURVEY TOOK PLACE DU RING APRIL 2017) NG GRID LOT No. I 200 100 0 200 400 600 !Z N=566�474.9288' -2,260,425.369T GRAPHIC SCALE 1" = 200' STATE OF NORTH CAROLINA L1 105 32.5' L2 N74*30'24W (9 EIS ISS toe L3 20.01' SUITABLE FOR GPS COUNTY OF WAYNE S84*50'36"E OBSERVATION L4 ISS NMC 1, C*lp AA f tipt-& Review Officer of Wayne County, certify that the map or plat to is for (TIE D 75-64' 7.5' OWN) which this Gertification affixed meets ail statutory requirements recording. N.C.S.R. 1215 30' WEAVER ROAD (60' RIW PUBLIC GRAVEL -PAVED) DRIVE DAte Review Officer EASEMENT IS 20'ON SURVEYORS CER11FICATION(S) EACH SIDE OF L4 AT THIS POINT Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material sites, underground utilities or any other features above, or below ground other than those shown. However, no visible evidence of cemeteries or utilities, aboveground or othervAse, was observed by the undersigned (other than those shown). I certify that the survey is of another category (greater than ten acres), such as the recombination of existing parcels, a court-ordered survey, or other exception to the definition of subdivision. I JOHN A. RUDOLPH , certify that this plat was drawn under my supervision from (an actual survey made u nder my supervision) (deed descd ption recorded i n Book SE E , Page REFS , etc.) (other); that the ratio of precision as calculated by latitudes and departures is 1 110,000 that the boundaries not surveyed are shown as broken lines plotted from information found in D3. xx Page xx ; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number, and seal this 05th day of June A.D. 2017. SEAL OR STAMP �A CA/� 0 V SEAL L-4194 SUM, <Z z. ...' '\" % 9V 0 A RUR�' 0"F01160 RESTORATION SYSTEMS, LLC 1101 HAYNES STREET SUITE 211 RALEIGH, NC 27604 8 ISS 518.29 ISS FUTURE CONSERVATION EASEMENT 22.81 ACRES± BY UNNAMED COORDINATE COMPUTATION TRIB S55*W20"W 58.29 \ G cc; ISS J NCGS RTN DATA FOR ISS (1��O8 - NC GRID COORDINATES FOR ISS N=566A74.9289 E=2,260,425.3697' - GRID FACTOR (GRID TO GROUND) 1.00012651875 GRID FACTOR (GROUND TO GRID) 0.99987348125 GEOID 2012B CONUS ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES GPS RECEIVER USED: TOPCON HIPER SIR WITH A MINIMUM OBSERVATION TIME OF 180 SECONDS COMPLETED ON 04111/2017 N88*36'00"W 126.96, 0 N51 -46-44-W ISS 60.156 8ISS (GREATER THAN TEN ACRES) OF A PORTION OF LOT No. 1 OWNED BY 156.34, 211-01' ISS(3 JERRY MACK WEAVER & ELLEN ROSE WEAVER ISS N87*r>4" 5"W SW'0931'W b EXISTING RESTORATION SYSTEMS, LLC ISS TO BE 7RAIVSFERRED AS A CONSERVA T101V E41SEMENT TO METAL SHED NORTH CAROLINA WILDLIFE 'Jw '6 HABITAT FOUNDATION WEAVER WEAVER FARM BUFFER RESTORATION PROJECT D.B. 935, PG. 654 0 ISS (THE FIELD SURVEY TOOK PLACE DU RING APRIL 2017) NG GRID LOT No. I 200 100 0 200 400 600 !Z N=566�474.9288' -2,260,425.369T GRAPHIC SCALE 1" = 200' E ISS, REFERENCE POINT ONLY SUITABLE FOR GPS OBSERVATION 0ISS7.14 ISS G N82*34'49"W 38.49 EXEMPT SUBDIVISION (GREATER THAN TEN ACRES) OF A PORTION OF LOT No. 1 OWNED BY JERRY MACK WEAVER & ELLEN ROSE WEAVER (CURRENT OWNER(S) PER D. B. 935, PG. 654) TOBEACQUIREDBY RESTORATION SYSTEMS, LLC TO BE 7RAIVSFERRED AS A CONSERVA T101V E41SEMENT TO NORTH CAROLINA WILDLIFE HABITAT FOUNDATION WEAVER FARM BUFFER RESTORATION PROJECT GRANTHAM TOWNSHIP WAYNE COUNTY NORTH CAROLINA (THE FIELD SURVEY TOOK PLACE DU RING APRIL 2017) 200 100 0 200 400 600 !Z GRAPHIC SCALE 1" = 200' Book: 0 Page: 65-1 J Seq: 1