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HomeMy WebLinkAbout20160225 Ver 2_Mitigation Conservation Easement_20180717Action History (UTC -05:00) Eastern Time (US & Canada) Subnut by Anonymous User 7/17/2018 4:53:12 PM (Message Start Event) App— by Montalvo, Sheri A 7/18/2018 9:19:56 AM (Initial Review - Sheri Montalvo) 9 The task was assigned to Montalvo, Sheri A 7/17/2018 4:53 PM ID# * 20160225 Version * 2 Select Reviewer:* Katie Merritt Mitigation Project Submittal - 7/17/2018 Type of Mitigation Project:* r— Stream r— Wetlands PF Buffer rJ Nutrient Offset (Select all that apply) Is this a Prospectus, Technical Proposal or a C) yes a No New Site? * Project Contact Information ...................................................................................................................... Contact Name:* Andrea Eckardt Email Address: * aeckardt@Wldlandseng.com Project Information Existing (DWR) ID#: * 20160225 (nurrbers only ... no dash) Existing Version:* 2 (nurrbers only) Project Name:* South Fork MItigation Bank Parcel County: * Chatham Document Information Mitigation Document Type:* Mitigation Conservation Easement File Upload: South Fork Recorded Easement 1966 989.pdf 711.38KB Rease upload only one PDF of the conplete f ile that needs to be subrritted... Signature Print Name:* Andrea Eckardt Signature: BK 1966 PG 0989 ?rllt 10911f CA 10 aA04- RECORDING REQUSTED BY AND WHEN RECORDED MAIL TO: Wildlands Engineering, Inc. <I'- 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Attention: Lee Knight Caffery FILED CHATHAM COUNTY NC LUNDAY A. RIGGSBEE REGISTER OF DEEDS FILED Jan 10, 2018 AT 02:40:05 pm BOOK 01966 START PAGE 0989 END PAGE 1004 INSTRUMENT # 00284 EXCISE TAX (None) SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this /9 dayof Ote-vrwber , 2017 by and between James Michael Lindle ("Grantor") and Unique Places to Save ("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 Chatham County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"); WHEREAS, Grantee is a charitable, not-for-profit or educational corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include one or more of the purposes (a) — (d) listed below; BK 1966 PG 0990 (a) retaining or protecting natural, scenic, or open -space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open -space use; (c) protecting natural resources; (d) maintaining or enhancing air or water quality. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: perennial and intermittent streams and riparian buffers. The purpose of this Conservation Easement is to maintain streams and riparian resources and other natural values of approximately 18.13 acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Mitigation Easement Area"), and prevent the use or development of the Conservation Mitigation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Mitigation Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI) for the Cane Creek Umbrella Mitigation Bank, entitled "Agreement to Establish the Cane Creek Umbrella Mitigation Bank in the Cape Fear River Basin within the State of North Carolina" and the Cane Creek Umbrella Mitigation Bank - South Fork Site Mitigation Plan, Department of the Army (DA) Action ID Number SAW -2016-00219, to be made and entered into by and between Wildlands Holdings IV, LILC (Wildlands) acting as the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in consultation with the North Carolina Interagency Review Team (IRT). The Cane Creek Mitigation Site has been approved by the Corps for use as a mitigation bank to compensate for unavoidable stream and wetland impacts authorized by DA permits. WHEREAS, the restoration, enhancement and preservation of the Conservation Mitigation Easement Area is a condition of the approval of the Cane Creek Riparian Buffer and Nutrient Offset Umbrella Mitigation Banking Instrument (MBI) and Bank Parcel Development Package (BPDP) for the South Fork Riparian Buffer and Nutrient Offset Mitigation Bank Parcel, North Carolina Division of Water Resources (NCDWR) Project ID# 2016-0225V2, to be made and entered into by and between Wildlands Holdings IV, LLC (Wildlands), acting as the Bank Sponsor, and the NCDWR when approved. When approval is granted, the Cane Creek Riparian Buffer and Nutrient Offset Site can be used to compensate for riparian buffer and nutrient impacts to surface waters. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the NCDWR and the Corps (to include any successor agencies) ("Third Parties"), and may be exercised through the appropriate enforcement agencies of the United States and the State of North Carolina, and that these rights are in addition to, and do not limit, BK 1966 PG 0991 the rights of enforcement under the NC DWR Project ID# 2016-0225V2 and the Department of the Army instrument number SAW -2016-00219 ("Mitigation Banking Instrument"), or any permit or certification issued by the Third -Parties. 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 Conservation Mitigation Easement Area described on Exhibit B, 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. ARTICLE 11. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Mitigation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Mitigation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Mitigation Easement Area. 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 Conservation Mitigation Easement Area 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 Conservation Mitigation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passage for such purposes are prohibited. BK 1966 PG 0992 D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Mitigation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Mitigation Easement Area except as provided in the Mitigation Plan and Bank Parcel Development Plan. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once a year for no more than five consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by Wildlands Holdings IV, LLC and shall not violate any part of Item L of Article 11. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Mitigation Easement Area; nor enlargement or modification to existing roads, trails orwalkways. G. Signage. No signs shall be permitted on or over the Conservation Mitigation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Mitigation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Mitigation Easement Area and/or signs identifying the Grantor as owner of the Conservation Mitigation Easement Area. 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 Conservation Mitigation Easement Area 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 Conservation Mitigation Easement Area, except to restore natural topography or drainage patterns. For purposes of restoring and enhancing streams and wetlands within the Conservation Mitigation Easement Area, Wildlands is allowed to perform grading, filling, and excavation associated with stream and wetland restoration and enhancement activities as described in the Mitigation Plan and authorized by Department of the Army Nationwide Permit 27. 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, BK 1966 PG 0993 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 Wildlands, the Grantee, its employees and agents, successors, assigns, NCDWR, and the Corps for purposes of constructing, maintaining and monitoring the restoration, enhancement and preservation of streams, wetlands and riparian areas within the Conservation Mitigation Easement Area. M. Other Prohibitions._Any other use of, or activity on, the Conservation Mitigation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Mitigation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Mitigation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Mitigation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Mitigation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Mitigation Easement Area, 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, including Wildlands Holdings IV, LLC acting as Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of streams and riparian areas within the Conservation Mitigation Easement Area in accordance with the approved Cane Creek Umbrella Mitigation Bank - South Fork Site Stream and Wetland Mitigation Plan, the South Fork Bank Parcel Development Package, and the two Mitigation Banking Instruments described in the Recitals of this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its BK 1966 PG 0994 successors and assigns, the following rights in the areas labeled as "Internal Crossing" in the approved Cane Creek Umbrella Mitigation Bank - South Fork Site Mitigation Plan, Department of the Army (DA) Action ID Number SAW -2016-00219: Internal Crossing: vehicular access and livestock access is allowed. Crossings that allow livestock access will be bounded by fencing and will be over a culvert. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the Corps and NCDWR, shall have the right to enter the Property and Conservation Mitigation Easement Area at all reasonable times for the purpose of inspecting the Conservation Mitigation Easement Area 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, Wildlands, and its authorized representatives, successors and assigns, the Corps and NCDWR shall also have the right to enter and go upon the Conservation Mitigation Easement Area 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 EN FORCEM ENT AN D REM EDI ES A. To accomplish the purposes of this Easement, Grantee, the Corps, and NCDWR are allowed to prevent any activity on or use of the Conservation Mitigation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Mitigation Easement Area thatmay 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 terms 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 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 and the NCDWR shall BK 1966 PG 0995 have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation easement. 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 Conservation Mitigation Easement Area 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 Conservation Mitigation Easement Area 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 Conservation Mitigation Easement Area. 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 Conservation Mitigation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. 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 pursuant to 33 CFR 332.7 (a)(1), under N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms BK 1966 PG 0996 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 Mitigation Banking Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding BPDP, and this Conservation Easement set forth the entire agreements 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 except those incurred after the date hereof which are expressly subject and subordinate to the Conservation Easement. 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. Long -Term Management. If livestock operations will be maintained on the property, Grantor is responsible for all long-term management activities associated with fencing to ensure livestock do not have access to the Protected Property. These activities include the maintenance and/or replacement of fence structures, as deemed necessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the Protected Property are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Mitigation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Mitigation Easement Area 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. 1. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Mitigation Easement Area 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 as determined at the time of the extinguishment or condemnation. BK 1966 PG 0997 J. 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: James Michael Lindley 1800 Johnny Lindley Road Snow Camp, NC 27349 To Grantee: Unique Places to Save PO Box 1183 Chapel Hill, NC 27514-1183 To Sr)onsor: Wildlands Holdings IV, LLC 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 Attention: Shawn D. Wilkerson Fax: 704-332-3306 To the Corps: US Army Corps of Engineers Wilmington District Regulatory Division 69 Darlington Avenue Wilmington, NC 28403 To NCDEQ -DWR: NCDEQ— Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 K. 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. L. 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. BK 1966 PG 0998 A Present Condition of the Conservation Mitigation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Mitigation Easement Area, and its current use and state of improvement, are described in Section 4 of the Mitigation Plan, prepared by Grantor and 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 Conservation Mitigation Easement Area 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 Conservation Mitigation Easement Area 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 his hand and seal, the day and year first above written. By: James Michael Lindley, Single Date:— BK 1966 PG 0999 IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. oo 110011, (SEAL) Erik Lensch, Chairman of Unique Places to Save, A North Carolina Non—Profit Corporation BK 1966 PG 1000 NORTH CAROLINA COUNTYOF Chr.Aay, ')jo be I, -e-4 tv, a Notary Public in and for the County and State aforesaid, do hereby certify that e -i /y))'(A C. -e 1 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 19 dayof Octr--nbce' 20/1. My commission expires: ROBERT W. NOTARY PUBLIC Mecklenburg County North Carolina BK 1966 PG 1001 NORTH CAROLIIY COUNTY OF eTWAQ- i lic in and for the County and State i, hcwv\ t,� I , 0 �Cv a Nota P u ib, aforesaid, do hereby certify that Erik Lens -1. personally appeared before me this day and acknowledged that he is Chairman of Unique Places to Save, NC a non-profit corporation, and that he, as Chairman, being authorized to do so, executed the foregoing on behalf of the corporation. IN WITNkSS WHEREOF, I have hereunto set my hand and Notary Seal this the dayof 1� UZIM I'le' 201-? Notary Pub My commission expires: I I I I itq 4, ell C��Iawo tAo , r S Z % % le 11111111110% BK 1966 PG 1002 EXHIBIT A The following descriptions are taken from the plat entitled "Boundary – ALTAIASCM Survey, Surveyfor: James Michael Lindley," by SD Puckett & Assoc., PC recorded in Plat Slide 2016-306, Chatham County Registry, herein referred to as the "'Survey"' * In the case of any inconsistency between the description on this Exhibit A and the Survey, the Survey shall control. COMMENCING at a point in the centerline of Moon Lindley Road, at the intersection of said Moon Lindley Road and Johnny Lindley, thence S 240 54' 06" W 433.12 feet to a point in the centerline of Johnny Lindley Road, the place and point of BEGINNING, and being an eastern corner of the Property; THENCE running from said point of BEGINNING the following courses and distances along the centerline of Johnny Lindley Road: Ll S 18 0 42 ' 48 " W 19.25 ' L2 S 08 0 57 ' 34 " W 89.53 ' L3 S 04 0 43 ' 49 " W 93.14 ' L4 S 04 * 09 ' 31 " W 91.25 ' L5 S 04 * 32 ' 00 " W 92.01 ' L6 S 05 0 01 30 " W 90.41 ' L7 S 04 0 26 44 " W 90.93 ' L8 S 03 * 55 56 " W 93.03 ' L9 5 03 0 32 03 —7 W 91.93 ' L10 S 03 0 23 50 W 92.38 ' L11 S 03 * 15 33 W 90.91 L12 5 03 * 22 28 W 89.29 L13 S 02 0 52 ' 43 W 94.74 L14 S 02 0 04 ' 54 " W 63.38 L15 S 06 0 46 ' 04 " W 22.63 Thence S 02* 58' 07" W 1,451.40 feet, leaving the centerline of Johnny Lindley Road and continuing to a divet and stone and being the southeastern most corner of the Property; thence N 880 51' 16" W 2,703.06 feet to a 1" iron pin, the southwestern most corner of the Property; thence N 03* 28' 36" E 1,325.18 feet to a Y4" iron pin; thence N 450 50' 27" W 2,004.26 feet to a W iron pin; thence N 00' 28' 21" E 325.76 feet to a 1" iron pin; thence N 88* 49' 44" E 1,996.40 feet to a W iron pin; thence N 13*58' 47" E 1,196.27 feet to a 3/4 " pinched top iron pipe; thence S 69' 06' 55" E 740.54 feet to a bent axle; thence S 13- 32' 30- W 1,300.77 feet to a computed point; thence S 850 30' 04" E 1,559.35 feet to the place and point of BEGINNING and containing 232.18 acres as shown on the Survey. See Map Book 2016 Page 306. BK 1966 PG 1003 EXHIBIT B Thefollowing descriptions are takenfrom the plat entitled "Boundary —ALTAIASCM Survey, Surveyfor: James Michael Lindley" by SD Puckett & Assoc., PC recorded in Plat Slide 2016-306, Chatham County Registr)4 herein referred to as the "Survey"' * In the case of any inconsistency between the description on this Exhibit B and the Survey, the Survey shall control. Conservation Mitigation Easement BI (+- 1.92 acres): Commencing at a bent axle in a northeastern corner of the Property, said corner being a northwestern corner of the parcel now or formerly owned by James Randall Lin'dley (06 E 98) having Parcel Number 1076, as shown on the Survey; thence running 5 13032,30" W 1,300.77 feet to a computed point; thence S85030'04" E 28.99 feet, the place and point of BEGINNING; thence running the following courses and distances: BI S 85 0 30 ' 04 " E 542.01 ' B2 S 00 0 28 ' 21 " W 100.43 ' B3 S 85 0 03 ' 17 " E 381.00 ' B4 S 10 0 03 ' 40 " E 108.09 ' B5 S 40 29 ' 54 " W 123.21 ' B6 S 43 * 31 ' 42 " E 193.08 ' B7 N 11 * 21 ' 17 " E 173.63 ' to the place andpoint of BEGINNING, containing 1.92 acres according to the Survey, and being "Conservation Mitigation Easement B-1" as shown on the Survey recorded in Map 2016 Page 306. Conservation Mitigation Easement B2 (+- 9.74 acres): Commencing at a bent axle in a northeastern corner of the Property, said corner being a northwestern corner of the parcel now or formerly owned by James Randall Lindley (06 E 98) having Parcel Number 1076, as shown on the Survey; thence running S 13032'30"W 1,300.77 feet to a computed point; thence S85030'04"E 28.99 feet, thence S 11021'17" W 173.63 feet; thence S 19*18'12" W 56.2 feet to the place and point of BEGINNING; thence running the following courses and distances: B8 S 43 0 31 ' 42 " E 172.65 B9 S 12 0 38 ' 47 " W 169.62 BIO S 42 0 26 ' 14 " E 197.81 B11 S 22 * 53 ' 46 " E 131.95 B12 5 42 0 52 ' 06 " E 196.09 B13 S 36 . 58 ' 47 " E 267.16 B14 S 03 * 34 ' 25 " W 406.80 B15 S 44 59 ' 11 " W 623.32 B16 N 38 ' 27 ' 53 " W 189.86 B17 N 43 0 53 ' 41 " E 226.04 B18 N 50 0 16 ' 46 " E 278.09 BK 1966 PG 1004 B19 N 06 ' 46 ' 09 " E 312.33 B20 N 40 ' 44 ' 34 " W 228.91 B21 N 25 * 17 ' 02 " W 335.70 B22 N 53 a 30 ' 58 " W 71-98 B23 S 20 0 35 ' 02 " W 567.32 B24 N 69 - 56 ' 19 " W 157.86 B25 N 22 0 22 ' 34 " E 556.40 B26 N 06 ' 33 ' 45 " E 277.05 B27 N 28 * 33 ' 37 " E 143.28 To the place and point of BEGINNING, containing 9.74 acres, according to the Survey, and being "Conservation Mitigation Easement 'B-2"' as shown on the Survey recorded in Map 2016 Page 306. Conservation Mitigation Easement B3 (+- 6.47 acres): Commencing at the intersection of the southern boundary of the Property and the western boundary of Johnny Lindley Road (a public right of way); thence running N38008'48"E 62.61 feet; thence N88*51'16"W 531.94 feet, thence N 01008'44"E 142.31 feet; to the place and point of BEGINNING; thence running the following courses and distances: B47 N 63 * 25 18 " W 84.62 ' B48 N 53 0 31 24 " W 127.35 ' B49 S 07 0 43 33 " W 120.71 ' B50 S 40 ' 39 20 " W 80.29 ' B51 S 09 0 32 24 " W 71.22 B28 N 88 0 51 16 " W 322.50 B29 N 53 ' 14 ' 01 " E 324.35 B30 N 22 0 22 ' 45 " W 218.51 B31 N 63 0 57 ' 02 " W 388.08 B32 S 48 * 42 ' 41 " W 233.97 B33 N 78 0 04 ' 49 " W 148.58 B34 S 66 * 32 ' 39 " W 70.01 B35 N 19 0 46 ' 56 " W 128.28 B36 N 66 ' 50 ' 10 " E 121.53 B37 S 66 0 52 ' 27 " E 107.01 B38 N 34 0 09 ' 59 " E 113.80 B39 N 61 * 20 ' 15 " E 166.44 B40 S 63 ' 52 ' 05 " E 373.63 B41 N 24 0 16 ' 11 " E 267.95 B42 S 38 0 27 ' 53 " E 183.22 B43 5 26 0 49 ' 10 " W 178.29 B44 S 19 0 12 ' 42 " E 104.43 B45 S 67 0 25 ' 11 " E 373.58 B46 S 38 0 55 ' 17 " W 154.09 To the place and point of BEGINNING, containing 6.47 acres according to the Survey, and being "Conservation Mitigation Easement 'B-3" as shown on the Survey recorded in Map 2016 Page 306.