HomeMy WebLinkAbout20160225 Ver 2_Mitigation Conservation Easement_20180717Action History (UTC -05:00) Eastern Time (US & Canada)
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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
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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.