19970330 Ver 1_Mitigation Information_20021122

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KATHEME LEE PAYNE, REGISTER OF DEEDS
GUILFORD COUNTY
201 SOUTH EUGENE STREET
GREENSBORO, NC 27402
Y?
State of North Carolina, County of Guilford
The foregoing certificate of
A Notary (Notaries) Public is (are) certified to be correct. This instrument and this certificate are
duly registered at the date and time shown herein.
KATHERINE LEE PAYNE, REGISTER OF DBMS
Deputy - 74os aau egister of Deeds
* * * * * * IN * * * 4 * * * * * * * t * * * * • * * R *
THIS CERTIFICATION SUEET MUST REMAIN WITH THE DOCUMENT
03/29/00
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M 1RTHERINt LEEOPAYNE
REGISTER OF DEEDS
GUiLIORD COUNTY, NC
366
Prepared by: Robert G. Griffin BOOK: 33 T 1063
0 10/1 pAGE6/001 16:33119
After Recording °Ir....f+?, dK?,
Mail to: -' i erfFGreensbe a
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NORTH CAROLINA )
SPECIAL WARRANTY DEED
GUILFORD COUNTY )
THIS SPECIAL WARRANTY DEED is made as of this the day of
2001, by KOURY CORPORATION, a North Carolina corporation (the "Grantor"),
and the CITY OF GREENSBORO, a North Carolina municipal corporation (hereinafter referred
to as "Granted'). 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.
WITNESSETH, that the Grantor in consideration of ten dollars and other valuable
consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, has
bargained and sold, and by these presents does bargain, sell and convey unto the Grantee and its
successors and assigns, that certain tract or parcel of real property situated in Guilford County,
North Carolina, and more particularly described on Exhibit A which is attached hereto and
incorporated herein by reference (the "Property").
TO HAVE AND TO HOLD the aforesaid real property together with all
privileges and appurtenances thereunto belonging to the Grantee and its successors and assigns
forever. And the Grantor covenants with the Grantee that the Grantor has done nothing to
impair such title as Grantor received, and Grantor will warrant and defend the title against the
lawful claims of all persons claiming by, under or through Grantor, except for ad valorem taxes
for the current year not yet due and payable and all easements and restrictions of record. This
grant is also made subject to those certain covenants, conditions and restrictions described on
Exhibit B attached hereto and incorporated herein by reference.
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10/16/2001 WILM Co. K
7 ON M9 SCt 5600
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IN TESTIMONY WHEREOF, the Grantor has caused this instrument to be
executed on the day and year first above written.
KOURY CORPORATION,
a North Carolina corporation
By.
Prin cd WameleSeana
Title: 70?or
STATE OF NORTH CAROLINA
COUNTY OF GUILFORD
1, ?t.1A i LLC R , a Notary Public, hereby certify that
r ersonally came before me this day and acknowledged the execution of
., the oregoing instrument. all in his/her capacity as President, and in the name and for
and on behalf ofKOURY CORPORATION, a North Carolina corporation.
Witness my hand and notarial s?p-cr seal, this ? day of 0C-Td5LR , 2001.
My commission expires:
9 - Z -()
NOTARY PUBLIC
OFFICIAL SEAL
DONNA MILLER
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GUILFORD OOuNTY, NO
Mr OMM113W Wir" 9 -/4 `0
[NOTARY SEAL]
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EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in Guilford County, Greensboro, North Carolina being more particularly
r•- described as follows.
U')
COMMENCING at City of Greensboro Control Monument "72£208", said monument having N.C. Grid
p coordinates as follows: N = 830,749.71, E =1,751,891.89 (NAD 83); THENCE North 89 degrees 31
C) minutes 18 seconds West for a grid distance of 2996.32 feet (combined grid factor 0.99993019) to a point
in the southern line of a proposed 100 foot road right-of-way, the POINT AND PLACE OF
BEGINNING; THENCE along the following thirty-seven (37) courses;
THENCE South 07 degrees 49 minutes 45 seconds West for a distancc of 149.36 fcct to a point;
THENCE South 24 degrees 17 minutes 03 seconds West for a distance of 122.58 feet to a point;
THENCE South 58 degrees 15 minutes 25 seconds West for a distance of 205.92 feet to a point;
THENCE South 27 degrees 30 minutes 06 seconds West for a distance of 102.58 feet to a point;
THENCE South 16 degrees 49 minutes 22 seconds West for a distance of 141.17 feet to a point;
THENCE South 61 degrees 52 minutes 51 seconds West for a•distanee of 77.82 feet to a point;
THENCE South 74 degrees 30 minutes 13 seconds West for a distance of 27.80 feet to a point;
THENCE South 04 degrees 33 minutes 39 seconds West for a distance of 139.45 feet to a point;
THENCE South 18 degrees 47 minutes 38 seconds East for a distance of 150.53 feet to a point;
THENCE South 02 degrees 03 minutes 20 seconds West for a,distanee of 191.58 feet to a point;
THENCE South 80 degrees 39 minutes 29 seconds West for a distance of 75.48 feet to a point;
THENCE North 09 degrees 20 minutes 31 seconds West for a distance of 364.16 feet to a point;
THENCE South 52 degrees 53 minutes 48 seconds West for a distance of 126.32 feet to a point;
THENCE South 51 degrees 38 minutes 08 seconds West for a distance of 117.67 feet to a point;
THENCE South 84 degrees 24 minutes 21 seconds West for a distance of 140.78 feet to a point;
THENCE South 58 degrees 03 minutes 43 seconds West for a distance of 489.57 feet to a point;
THENCE South 80 degrees 24 minutes 36 seconds West for a distance of 109.62 feet to a point;
THENCE South 53 degrees 47 minutes 27 seconds West for a distance of 78,78 feet to a point;
THENCE North 84 degrees 43 minutes 25 seconds West for a distance of 72.86 feet to a point;
THENCE along a curve to the right along the east line of a future 200 foot corridor having a radius of
1400.00 feet and an arc length of 249.69 feet, being subtended by a chord of North 16 degrees 54 minutes
54 seconds West for a distance of 249.36 feet to a point;
THENCE South 69 degrees 57 minutes 13 seconds East for a distance of 76.45 feet to a point;
THENCE North 85 degrees 21 minutes 25 seconds East for a distance of 84.50 feet to a point;
THENCE North 53 degrees 20 minutes 25 seconds East for a distance of 69,66 feet to a point;
THENCE North 60 degrees 35 minutes 05 seconds l=ast for a distance of 109.78 feet to a point;
THENCE North 24 degrees 25 minutes 34 seconds East for a distance of 114.02 feet to a point
THENCE North 66 degrees 48 minutes 58 seconds East for a distance of 80.27 feet to a point;
THENCE North 46 degrees 48 minutes 01 seconds East for a distance of 76.55 feet to a point;
TIIENCE North 68 degrees 54 minutes 47 seconds East for a distance of 270.32 feet to a point;
Ti•IENCE North 58 degrees 48 minutes 55 seconds East for a distance of 128.25 feet to a point;
THENCE North 50 degrees 10 minutes 04 seconds East for a distance of 173.14 feet to a point;
THENCE North 28 degrees 54 minutes 11 seconds East for a distance of 54.40 feet to a point;
THENCE North 07 degrees 38 minutes 18 seconds East for a distance of 95,32 feet to a point;
THENCE North 58 degrees 29 minutes 00 seconds East for a distance of 189.58 feet to a point;
THENCE North 85 degrees 52 minutes 57 seconds East for a distance of 150.41 feet to a point;
THENCE North 36 degrees 19 minutes 15 seconds East for a distance of 179.91 feet to a point;
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THENCE North 19 degrees 41 minutes 06 seconds East for a distance of 71.28 feet to a point on the
southern line of a proposed 100 foot road righ"f--way;
ri THENCE along a curve to the left along the southern line of a proposed 100 foot road right-of-way
having a radius of 800 feet and an arc length of 156.74 feet, being subtended by a chord of North 83
,- degrees 53 minutes 22 seconds East for a distance of 156.49 feet to the POINT AND PLACE OF
BEGINNING, and said property containing 12.020 acres more or lass as shown on a survey entitled
"Stream Mitigation Lot Map Holden Road Site" Project No. 4000001-060, dated 03-03-00, by Land
Design Surveying, Inc.
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EXHIBIT B
Covenants, Conditions and Restrictions
en WHEREAS KOURY CORPORATION, ("Grantor") is on this date conveying the real
U-) property described in this Deed on Exhibit A ("Property") to the CITY OF GREENSBORO, a
C? political subdivision of the State of North Carolina ("Grantee"); and
WHEREAS the designation Grantor and Grantee as used herein shall include said parties.
their successors and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context; and
WHEREAS, Grantor and Grantee recognize the conservation value of the property in its
natural state, subject to the implementation of the Holden Road Stream Restoration Mitigation
Plan prepared by Randall D. Forsythe, Ph.D. dated August 31, 1999 (the "Plan") which
incorporates any previous assessments and/or subsequent modifications thereto, and subject to the
installation of a pedestrian path which may extend the entire length of the Property but which
shall not at any point exceed fifteen feet (15') in width (the "Trail"); and
WHEREAS, the preservation of the Property has been approved by and is a condition of
Department of the Army permit Action ID 199700557 (the "Permit") issued by the Wilmington
District Corps of Engineers (the "Corps") to Koury Ventures Limited Partnership, a North
Carolina limited partnership, and is required to mitigate for unavoidable stream and/or wetland
impacts authorized by the Permit, and such is certified by 401 Water Quality Certification issued
by the North Carolina Division of Water Quality; and Grantor and Grantee agree that third-party
rights of enforcement shall be held by the U.S, Army Corps of Engineers, Wilmington District
and the North Carolina Division of Water Quality ("Third-Parties", to include any successor
agencies), and that these rights are in addition to, and do riot limit, the rights of enforcement
under the Permit and certification.
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 and pursuant to the laws of North Carolina, including
specifically, without limitation, North Carolina General Statutes § 121.34 ct ., Grantor hereby
declares and Grantee hereby agrees that by the acceptance of this Deed for the Property, that the
Property shall be held, subject to the following terms, reservations, covenants, conditions,
restrictions and easements (collectively, the "Covenants") as follows:
ARTICLE I
PURPOSE
The purposes of the Covenants are to preserve and to protect the conservation values of
the Property and natural character of the Property and to assure that the Property will be available
for the installation of the Trail by Grantee for the benefit of the residents of the City of
Greensboro.
ARTICLE 11
DURATION OF COVENANTS
The Covenants shall be perpetual. The Covenants run with the land and are binding on
the Grantee, its successors and assigns.

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ARTICLE III
PROHIBITED AND RESTRICTED ACTIVITIES
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O Any activity on, or use of, the Property inconsistent with the purposes of the Covenants
-- and the Plan is prohibited. The Property shall be preserved in its natural condition and restricted
o from any development that would impair or interfere with the conservation values of the
O Property.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved as indicated hereunder, unless otherwise authorized
pursuant to the Plan:
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 unless the
Corps shall give its prior written consent or as otherwise permitted herein.
2. 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 the Property, with the exception that the Grantee may construct and maintain such
fences, benches, picnic tables, pedestrian and bicycle trails, bridges, boardwalks
(including bridges or boardwalks over stream and wetland areas) related to the use of the.
Property as a natural area park and green way (individually or collectively the "Park
Amenities") provided same is consistent with the protection of the conservation values of
the Property and does not adversely impact the intent, purpose, or effect of the Plan.
3. Industrial, agricultural, grazing, or horticultural use of the Property is prohibited.
4. Display of billboards, signs or advertisements is prohibited 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.
5, Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances,
machinery or hazardous substances, or toxic or hazardous waste or any placement of
underground or aboveground storage tanks or other materials on the Property is
prohibited.
6. 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 the natural
topography or drainage patterns or as may be reasonably necessary for the purpose of
combating erosion to maintain the wetland values and except for construction or
maintenance of necessary crossing6 of the Property by utilities, pedestrian trails, and road
ways including bridges or boardwalks, and the continuing maintenance of the foregoing.
7. There shall be no activities conducted on the Property that would be detrimental to water
purity or any of the plants or habitats within the Property except as authorized herein or
that would alter natural water levels, drainage, sedimentation and/or flow in or over the
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Property, or cause soil degradation or erosion.
81 Diking, dredging,. alteration, draining, filling or removal of wetland is prohibited.
Notwithstanding the above, Grantor reserves the right, but not the obligation, to
undertake such activities as are designed to maintain, protect or restore natural drainage
patterns or wetland values.
9. Cutting, removal, mowing, harming, burning or destruction of trees, plants or other
vegetation on the Property is prohibited except: (1) in instances where such activities arc
deemed necessary for the health and safety of nearby residents, users of the surrounding
property, or the general public, (2) when considered necessary for the continued
maintenance of wetland functions, (3) to control insects and disease, or (4) except as
otherwise provided herein or as otherwise authorized by the Corps.
Provided, however, nothing in the Covenants shall prohibit Grantee from installing the
Trail as approved by the Corps as long as such does not hinder or adversely affect the
implementation or success of the Grantor's efforts to fulfill the purpose of the Plan. If the
installation, maintenance or use of the Trail or Park Amenities,hinders or adversely affects the
work of Grantor to fulfill the purpose of the Plan, Grantee shall at its cost restore the Grantor's
work so that the Plan's purposes can be effected.
ARTICLE IV
GRANTOR'S RESERVED RIGHTS
The Grantor to its successors and assigns hereby expressly reserves the right of ingress
and egress to and an casement over the Property to implement the Plan or take action related to
the implementation or maintenance of the Plan.
ARTICLE V
MISCELLANEOUS
A. Amendmet tt - Grantor and Grantee, their successors and assigns, are free to amend
the Covenants in writing to meet changing conditions, provided that no amendment will be
allowed that is inconsistent with the purposes of the Covenants and that has not been approved by
the Corps. Such amendment(s) shall be effective upon recording in the Registry of Guilford
County, North Carolina.
B. Governing Law. The Covenants shall be governed by and construed in accordance
with the laws of the State of North Carolina.
C. He . The headings contained in the Covenants are for reference purposes only
and shall not affect the meaning or interpretation hereof.
D. via' tenPuhlic Utility Easements. It is understood and agreed that the
Property has been conveyed by the Grantor to the Grantee subject to all presently existing
easements, restrictions and rights of way of record, which easements and rights-of-way include,
without limitation, public utility easements previously grained in favor of Grantee,
Notwithstanding anything contained in this Deed to the contrary, it is understood and agreed that
the Grantee shall have the right to preserve and maintain (and may excavate and repair when
necessary to carry out such maintenance) or replace as may be necessary any and all public utility
easements located within the Property which presently exist and are of record in Guilford County,
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North Carolina as of the date of this Deed. If Grantor should damage the sewer line within the
public utility easement on the Property in the course of performing its mitigation work, then
V Grantor shall repair such damage at its cost.

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