20160981 Ver 2_Conserv Easement and Policy Title_20190429

ID#* 20160981
Select Reviewer:*
Katie Merritt
Initial Review
Completed Date
04/29/2019
Mitigation Project Submittal - 4/29/2019
Version* 2
Is this a Prospectus, Technical Proposal or a New Site? *
Type of Mitigation Project:*
r Stream r Wetlands W Buffer r Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Jamey McEachran
Project Information
Existing 20160981
(DWR) (nunbersonly ...nodash)
ID#:*
Project Type: r DMS r Mitigation Bank
Project Name: Umle Buffer Mitigation Site
County: Johnston
Document Information
C' c-'
Email Address:*
[e-mail]
Existing 2
Version: (nunbersonly)
Mitigation Document Type:*
Mitigation Conservation Easement
File Upload: Uzzle_Conservation_Easement_Bk5322_Pg456.pdf 670.17KB
Uzzle_Co n servatio n_Ease ment_Plat_Bk88_Pg 371.... 198.28 KB
final title policy EBX Uzzle (N0150357xCF198).pdf 227.5KB
Rease upload only one RDF of the conplete file that needs to be subr itted...
Signature
Print Name:* Jamey McEachran

Signature:*
J" vadtob

Form No. 109-06-A ALTA Owner's Policy (06-17-06)
Schedule A
Page 1
OWNER’S POLICY OF TITLE INSURANCE (06-17-06)
This Policy is not complete without appropriate Schedules and corresponding Jacket unless otherwise
agreed in writing.
SCHEDULE A
Policy No.: 201910913N014 Date of Policy: April 4, 2019 at 09:33 AM
Amount of Insurance: $306,500.00 Premium: $671.72
Address Reference:Conservation Easement off US HWY 70, NC
1. Name of Insured:
The North Carolina Wildlife Habitat Foundation, Inc., a North Carolina non-profit corporation
2. The estate or interest in the Land that is insured by this policy is:
Conservation Easement
3. Title is vested in:
The North Carolina Wildlife Habitat Foundation, Inc., a North Carolina non-profit corporation
4. The Land referred to in this policy is in the State of North Carolina, County of Johnston and is described as
follows:
Being all those certain tracts as shown on plat and survey entitled "Conservation Easement Survey for
EBX-Neuse I, LLC of the Uzzle Site" prepared by Matrix East, PLLC dated 2/14/2019 and recorded in Plat
Book _88 page 371 Johnston County Registry.
1. Being a portion of that 75.68 acre as described in Book 783, page 380 (Tract 1) less and except Book 1194,
page 125 and Book 1122, page 267;
2. Being a portion of that 50.22 acres as described in Book 1236, page 130, less and except Book 1122, page
322 and Book 1193, page 343; and
3. Being a portion of that 25 acres as described in Book 701, page 192
Policy No.: 201910913N014
SCHEDULE A
(Continued)
Form No. 109-06-A ALTA Owner's Policy (06-17-06)
Schedule A
Page 2
Issued through the Office of:
Key Title
P.O. Box 97937
Raleigh, NC 27624
Tel.[phone] Fax [phone]
Email [e-mail]
Authorized Countersignature
Policy No.: 201910913N014
Form No. 109-06-A ALTA Owner's Policy (06-17-06)
Schedule B
Page 3
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or
expenses that arise by reason of:
I. The dower, curtesy, homestead, community property, or other statutory marital rights, if any, of the spouse
of any individual insured.
1.Taxes for the year 2017, and subsequent years.
2.Subject to matters shown on recorded Plat Book 88 at Page 371 including fifty (50) foot gas easement;
located on the Land.
3.Rights of others thereto entitled in and to the continued uninterrupted flow of stream, located on the Land.
4.Riparian rights incident to the Land.
5.Rights of others entitled thereto in and to the ditch(es) crossing the Land.
6.Direct access to the insured land is not insured. Access to the insured land is over adjacent land owned
by the owner which abuts a publicly dedicated and physically open right of way. This policy will insure
access to the property described in Schedule A which does not have direct access only for so long as the
adjacent land over which they derive their current access is owned by the owner. (Tract 3)
7.Title to that portion of the Land within the right-of-way of US HWY 70.
8.CP&L easement of record in Book 1150, page 127 (Tract 2); Book 1300, page 426 (Tract 2)
9.NCNG Easement of record in Book 1174, page 862 (Tract 2); Book 1174, page 859 (Tract 1&3)
10.Drainage Easement in favor of Department of Transportation of record in Book 1194, page 129 (Tract
1&3)
11.Easement in favor of Department of Transportation of record in Book 1194, page 127, (Tracts 1&3)
12.First Amended Memorandum of Option to Purchase real estate recorded 2/8/2018 in Book 5099, page 67,
Johnston County Registry (amends Memorandum recorded in Book 4674, page 360)
13.Terms and conditions set forth in the Conservation Easement recorded in Book 5322, Page 456. The
Company is insuring the interest of The North Carolina Wildlife Habitat Foundation, Inc. as the holder of
this Conservation Easement under this policy and the Fee Simple ownership interest of Tract 1 and 3
described herein is G.C. Uzzle, II and owner of Tract 2 is G. C. Uzzle II and wife, Linda B. Uzzle is not
being excepted
Policy No.: 201910913N014
Form No. 109-06-A ALTA Owner's Policy (06-17-06)
Schedule B
Page 4
14.Title to the fee simple interest underlying the Conservation Easement, as set forth in Deed recorded in
Book 5322, Page 456.
15.Department of Transportation Memo of Action File #19 CVS 990 as recorded in Book 5314 at Page 524.
16.Plat of survey by James R. Watson, PLS, dated 02/14/19, shows a) stream. Riparian rights are not
insured; b) gas easement fifty (50) feet in width along side or westerly property line located on the Land.
NO INSURED CLOSING PROTECTION COVERAGE PROVIDED - As to the transaction for which this
binder and/or policy is issued, the Company specifically excludes this transaction from any closing
protection services.
The Land described in Schedule A number 4 is encumbered by the following mortgage(s), if any:
NONE
Form No. 109-06-J ALTA Owner’s Policy (06-17-06)
OWNER'S POLICY OF TITLE INSURANCE
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B, AND THE CONDITIONS, INVESTORS TITLE INSURANCE COMPANY, a North Carolina corporation (the “Company”)
insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage,
not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term “encroachment” includes encroachments of
existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building
and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
(continued on next page)
IN WITNESS WHEREOF, Investors Title Insurance Company has caused this Policy to be signed and sealed, to be valid
when Schedule A is countersigned by an authorized officer or agent of the Company.
The use of this form is restricted to ALTA
licensees and ALTA members in good
standing as of the date of use. All other uses
are prohibited. Reprinted under license from
the American Land Title Association.
Copyright 2006-2009 American Land Title Association.
All rights reserved.
Form No. 109-06-J 2 ALTA Owner’s Policy (06-17-06)
COVERED RISKS (continued)
6. An enforcement action based on the exercise of a governmental police
power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records,
but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the
exercise, describing any part of the Land, is recorded in the Public
Records.
8. Any taking by a governmental body that has occurred and is binding
on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being
defective
(a) as a result of the avoidance in whole or in part, or from a court
order providing an alternative remedy, of a transfer of all or any part of the
title to or any interest in the Land occurring prior to the transaction vesting
Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state
insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in
Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws by reason of
the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to
a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter
included in Covered Risks 1 through 9 that has been created or attached or
has been filed or recorded in the Public Records subsequent to Date of
Policy and prior to the recording of the deed or other instrument of transfer
in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses
incurred in defense of any matter insured against by this Policy, but only to
the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the
coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public Records at
Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this
does not modify or limit the coverage provided under Covered Risk 9 and
10); or
(e) resulting in loss or damage that would not have been sustained if
the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction vesting the
Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9
of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) “Amount of Insurance”: The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased by
Section 8(b), or decreased by Sections 11 and 12 of these Conditions.
(b) “Date of Policy”: The date designated as “Date of Policy” in
Schedule A.
(c) “Entity”: A corporation, partnership, trust, limited liability company,
or other similar legal entity.
(d) “Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law
as distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind
of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly-owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of
the named Insured, provided the affiliated Entity and the named Insured
are both wholly-owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the Insured named in
Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) “Insured Claimant”: An Insured claiming loss or damage.
(f) “Knowledge” or “Known”: Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason of the
Public Records or any other records that impart constructive notice of
matters affecting the Title.
(g) “Land”: The land described in Schedule A, and affixed
improvements that by law constitute real property. The term “Land” does not
include any property beyond the lines of the area described in Schedule A,
nor any right, title, interest, estate, or easement in abutting streets, roads,
avenues, alleys, lanes, ways, or waterways, but this does not modify or limit
the extent that a right of access to and from the Land is insured by this
policy.
(h) “Mortgage”: Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized by law.
(i) “Public Records”: Records established under state statutes at Date
of Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without Knowledge. With
respect to Covered Risk 5(d), "Public Records" shall also include
environmental protection liens filed in the records of the clerk of the United
States District Court for the district where the Land is located.
(j) “Title”: The estate or interest described in Schedule A.
(k) “Unmarketable Title”: Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of the Title or
lender on the Title to be released from the obligation to purchase, lease, or
lend if there is a contractual condition requiring the delivery of marketable
title.
Form No. 109-06-J 3 ALTA Owner’s Policy (06-17-06)
CONDITIONS (continued)
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains an
estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured, or only
so long as the Insured shall have liability by reason of warranties in any
transfer or conveyance of the Title. This policy shall not continue in force
in favor of any purchaser from the Insured of either (i) an estate or interest
in the Land, or (ii) an obligation secured by a purchase money Mortgage
given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 5(a) of these Conditions, (ii) in case
Knowledge shall come to an Insured hereunder of any claim of title or
interest that is adverse to the Title, as insured, and that might cause loss
or damage for which the Company may be liable by virtue of this policy, or
(iii) if the Title, as insured, is rejected as Unmarketable Title. If the
Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant under the
policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed proof of loss. The
proof of loss must describe the defect, lien, encumbrance, or other matter
insured against by this policy that constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of calculating the amount
of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its own cost
and without unreasonable delay, shall provide for the defense of an
Insured in litigation in which any third party asserts a claim covered by
this policy adverse to the Insured. This obligation is limited to only those
stated causes of action alleging matters insured against by this policy.
The Company shall have the right to select counsel of its choice (subject
to the right of the Insured to object for reasonable cause) to represent the
Insured as to those stated causes of action. It shall not be liable for and
will not pay the fees of any other counsel. The Company will not pay any
fees, costs, or expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to institute and
prosecute any action or proceeding or to do any other act that in its
opinion may be necessary or desirable to establish the Title, as insured,
or to prevent or reduce loss or damage to the Insured. The Company may
take any appropriate action under the terms of this policy, whether or not
it shall be liable to the Insured. The exercise of these rights shall not be
an admission of liability or waiver of any provision of this policy. If the
Company exercises its rights under this subsection, it must do so
diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may pursue the
litigation to a final determination by a court of competent jurisdiction, and it
expressly reserves the right, in its sole discretion, to appeal any adverse
judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding and any
appeals, the Insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, including the
right to use, at its option, the name of the Insured for this purpose.
Whenever requested by the Company, the Insured, at the Company's
expense, shall give the Company all reasonable aid (i) in securing
evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act that in
the opinion of the Company may be necessary or desirable to establish
the Title or any other matter as insured. If the Company is prejudiced by
the failure of the Insured to furnish the required cooperation, the
Company's obligations to the Insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representative of the
Company and to produce for examination, inspection, and copying, at such
reasonable times and places as may be designated by the authorized
representative of the Company, all records, in whatever medium maintained,
including books, ledgers, checks, memoranda, correspondence, reports,
e-mails, disks, tapes, and videos whether bearing a date before or after
Date of Policy, that reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the Insured
Claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect, and copy all of these
records in the custody or control of a third party that reasonably pertain to
the loss or damage. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the Company, it is
necessary in the administration of the claim. Failure of the Insured Claimant
to submit for examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably necessary information
from third parties as required in this subsection, unless prohibited by law or
governmental regulation, shall terminate any liability of the Company under
this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of
payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other than to
make the payment required in this subsection, shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Insured or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name
of an Insured Claimant any claim insured against under this policy. In
addition, the Company will pay any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the Company up to
the time of payment and that the Company is obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the loss
or damage provided for under this policy, together with any costs, attorneys'
fees, and expenses incurred by the Insured Claimant that were authorized
by the Company up to the time of payment and that the Company is
obligated to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's obligations to the
Insured under this policy for the claimed loss or damage, other than the
payments required to be made, shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has suffered
loss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this
policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company
will also pay those costs, attorneys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of access to or from
the Land, or cures the claim of Unmarketable Title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
Form No. 109-06-J 4 ALTA Owner’s Policy (06-17-06)
CONDITIONS (continued)
completion of any appeals, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or
damage caused to the Insured.
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall have
no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and disposition of
all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling any
claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys’ fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed,
assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under this
policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been
definitely fixed in accordance with these Conditions, the payment
shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights of
the Insured Claimant in the Title and all other rights and remedies in
respect to the claim that the Insured Claimant has against any person
or property, to the extent of the amount of any loss, costs, attorneys'
fees, and expenses paid by the Company. If requested by the
Company, the Insured Claimant shall execute documents to evidence
the transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue, compromise, or
settle in the name of the Insured Claimant and to use the name of the
Insured Claimant in any transaction or litigation involving these rights
and remedies.
If a payment on account of a claim does not fully cover the
loss of the Insured Claimant, the Company shall defer the exercise of
its right to recover until after the Insured Claimant shall have
recovered its loss.
(b) The Company’s right of subrogation includes the rights of
the Insured to indemnities, guaranties, other policies of insurance, or
bonds, notwithstanding any terms or conditions contained in those
instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
(“Rules”). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the Insured arising out of or
relating to this policy, any service in connection with its issuance or
the breach of a policy provision, or to any other controversy or claim
arising out of the transaction giving rise to this policy. All arbitrable
matters when the Amount of Insurance is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Insured. All
arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the
Company and the Insured. Arbitration pursuant to this policy and
under the Rules shall be binding upon the parties. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court
of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the Insured
and the Company. In interpreting any provision of this policy, this policy
shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted to this
policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not (i) modify any
of the terms and provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount
of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid, but
all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests in
real property and applicable to the interpretation, rights, remedies, or
enforcement of policies of title insurance of the jurisdiction where the
Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of claims
against the Title that are adverse to the Insured and to interpret and
enforce the terms of this policy. In neither case shall the court or
arbitrator apply its conflicts of law principles to determine the applicable
law.
(b) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or federal
court within the United States of America or its territories having
appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given to
the Company at Investors Title Insurance Company, P.O. Drawer 2687,
Chapel Hill, NC 27515-2687.
US HWY. 70
_PUBLIC R/W WIDTH VARIES
CEN OF EAST B O LANE
R�Y EIP
04
1
AUTOMOTIVE RECOVERY �h
SERVICES, INC. 1
DB 2199, PG 767 I
PB 60, PG 13 p
ZONE: I-1
I
I= N
W�
W
I
I�^
Ito 0
�1
EIP
Nl,
---R/W
07
i
N
� 08
ta
O
� 11
I
' GEORGE CLIFFORD UZZLE, III
LINDA B. UZZLE
DB 1236, PG 130
ll ZONE: RA -40
�o
12
—x
�13
``' PPS
14 \
�� 14 15
GEORGE A. MCFADYEN \
DB 4521, PG 360
ZONE.- l-1 \ o
CERTIFICATION OF SUBDIVISION EXEMPTION
I HEREBY CERTIFY THAT THE PLAT SHOWN HEREON IS
EXEMPT FROM SUBDIVISION REGULATION PURSUANT TO
NORTH AIO A GENERA TATUTE 16OA-376.
TOW OF WILSON'S MILLS
DATE
�N
I
1, JAMES R. WATSON, PROFESSIONAL LAND SURVEYOR NO.
L-4712, CERTIFY THAT THIS SURVEY IS OF ANOTHER CATEGORY,
SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A /
COURT-ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION
TO THE DEFINITION OF SUBDIVISION. \
L-471
16
STATE OF NORTH CAROLINA JOHNSTON COUNTY
JAMES R. WATSON CERTIFY THAT THIS
PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUALr-
SURVEY MADE UNDER MY SUPERVISION, • (DEED DESCRIPTION
RECORDED IN MAP & DEED BOOKS NOTED); THAT THE
BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN
FROM INFORMATION REFERENCED HEREON, • THAT THE RATIO \ I
OF PRECISION AS CALCULATED IS 1: 10,000+; THAT THIS PLAT
WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS
AMENDED. THAT THE FOLLOWING INFORMATION WAS USED TO
PERFORM THIS GNSS SURVEY•
CLASS OF SURVEY. A
POSITIONAL ACCURACY: 0.10'
TYPE OF GPS FIELD PROCEDURE. RTK
DATES OF SURVE3- 1/2017 - 2/14/2019
DATUM / EPOCH: NAD 83(2011)
PUBLISHED / FIXED CONTROL USED: OPUS SOLUTION
GEOID MODEL: GEOID 12
COMBINED GRID FACTOR: 0.99988248
UNITS: U.S. SURVEY FEET
WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER
AND SEAL THIS 14TH DAY OF FEBRUARY , A.D., 2019,
III//j����
Apo
POINT #
CI
FASTING
0�•
L-4712
2. OF
02
668,164.5621 '
Z 180,J66.5312'
_ ; 4 SEAL r
669,631.6087'
L-4712 A - S
04
OJ
y •.;SUR
OWNER:
0.02
O.RGE FORD UZZLE, 111
INII'�P��\\\\\
P I I
670,429.2442'
WILSON'S MILLS, N.C. 27593
CERTIFICATION OF OWNERSHIP AND DEDICATION
I (WE) HEREBY CERTIFY THAT l AM THE OWNER OF THE PROPERTY SHOWN AND
DESCRIBED HEREON AND I (WE) HEREBY ADOPT THIS PLAT WITH MY (OUR) FREE
CONSENT AND ESTABLISH MINIMUM BUILDING SETBACK LINES AS NOTED. FURTHER, I
(WE) CERTIFY THE LAND AS SHOWN HEREON IS WITHIN THE PLATTING JURISDICTION OF
WILSON'S MILLS, NORTH CAROLINA.
TOTAL
PARENT TRACTS
ACREAGE DATA
(BY JOHNSTON COUNTY GIS)
134.21 ACf
SOURCES OF TITLE
DB 701, PG 192
DB 783, PG 280
DB 1236, PG 130
ACREAGE DATA
(BY COMPUTER)
AREA 1 = 19.645 ACf
AREA 2 = 7.625 ACf
TOTAL = 27.270 ACf
DATE
EASEMENT CORNER COORDINATE TABLE
(GROUND COORDINATES RELATIVE TO
THE CONTROL POINT SHOWN HEREON)
POINT #
NORTHING
FASTING
01
668,24Z6583'
2,180, 485.8222'
02
668,164.5621 '
Z 180,J66.5312'
03
669,631.6087'
2,179,393.9134'
04
670,444.1268'
2,179,496.080 1 '
05
670,465.6016'
Z 179,654.4472'
06
670,429.2442'
Z 179,714.4372'
07
670,436.8483'
Z 179,844.7430'
08
670,369.8843'
Z 179,842.6314'
09
670,275.1868'
2,179,883.3597'
10
670,077.1308'
2,179,859.7776'
11
670,030.8101'
2,179,811.5119'
12
669,730.7497'
Z 179,751.8405'
13
669,469.9452'
Z 179,969.3765'
14
669,042.343J'
Z 180,148.7352'
15
669,001.8457'
2,180,287.8815'
16
668,596.7186'
Z 180,465.3952'
17
668,206.8960'
2,180,532.2769'
18
668,043.5807'
Z 180,718.3990'
19
667,696.600 1 '
Z 180,892.8208'
20
667,500.6615'
Z 181,055.416J'
21
667,465.0256'
2,181,155.9202'
22
667,495.6236'
2, 181, 480.9138'
23
667,3970123'
2,181,680.0922'
24
667,201.0081'
2,181,686.104 1 '
25
667,319.6297'
2,180,926.7018'
26
668,114.5409'
2,180,399.6941'
CLIFFORD UZZLE, 1/I 006 15 /
DB 701, PG 192
ZONE: RA -40
VICINITY MAP
(NOT TO SCALE)
NOTES:
1. ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS IN
FEET & DECIMALS THEREOF, UNLESS OTHERWISE NOTED.
2. ALL UTILITIES AND IMPROVEMENTS MAY NOT BE SHOWN ON
THIS SURVEY.
J. ACCESS TO EASEMENT SHALL BE THROUGH NEIGHBORING
TRACTS.
4. A PARENT TRACTS ARE ZONED RA -40.
1,n#hidlREVIEW OFFICER OF
JOHNSTON COUNTY, CERTIFY T AT THE VAP OR PLAT TO
WHICH THIS CERTIFICATION IS AFFIXED MTS ALL STATUTORY
REQUIREMENTS FOR RECORDING.
CONTROL POINT (NIS)
N= 668, 944.7743'
E=2,181,3879174'
NC GRID/NAD 83(2011)
01 L27 (TL) \
02 \
1
ro
\ 26
�` 18
iaD
/USE Oi
\ 0 /pPRGS0RJ1i�
OLIVE FARMS, INC.
DB 1006, PG 706 \ aN
ZONE. AR
C
r' 19
G. C. UZZLE
/ DB 783, PG 280
\/ ZONE. RA -40
\moi
\/ 20
O?a 21 L21�
- - /:::� ���
EIS 25 SSR
CONSERVATION EASEMENT
SURVEY FOR
EBX-NEUSE 1, L.L.C.
OF THE UZZLE SITE
WILSON MILLS TOWNSHIP
JOHNSTON COUNTY, N.C.
200 0 100 200
FEBRUARY 14, 2019
SCALE: 1" = 200'
400 800
( IN FEET )
1 inch = 200 ft.
i
i
L28 (TL)
FILED FOR REGISTRATION
2019. /0:11:15'94m.ij
PLAT CABINET , PAGE 1
Q
REGISTER OF DEEDS
✓0 STON OUNTY IV
NDS LAND DEVELOPMENT, LLC
DB 5034, PG 392
PB 79, PG 471
ZONE. • AR
Na /;214coz 4 Q-1/
DATE
®EIP
I
I
I
I
I
LINE TABLE
LINE #
DIRECTION
LENGTH
Ll
S 55'08 22" W
145.38'
L2
N 33'32'36" W
1760.17'
L3
N 0710'01" E
818.92'
L4
N 82'16'40" E
159.82'
L5
S 58'4654" E
70.15'
L6
N 86'39'37" E
130.53'
L7
S 0 1'48 22" W
67.00'
L8
S 23'16'19" E
103.08'
L9
S 06'4724" W
199.46'
L 10
S 46'10'4 1 " W
66.90'
Lll
S 11'1451" W
305.94'
L 12
S 39'49'53" E
339.62'
L 13
S 22'45 21 " E
463.69'
L 14
S 73'46 22" E
144.92'
L 15
S 23'3941 " E
442.31 '
L16
S 03'20'57" E
349.66'
L17
S 48'44'03" E
24762'
L 18
S 26'41'17" E
388.35'
L 19
S J9'41'13" E
254.62'
L20
S 70'28 37" E
106.63'
L21
N 84'37' 17" E
326.43'
L22
S 633938" E
222.25'
L23
S 0 1'45 25" E
196. 10'
L24
N 81'07' 19 " W
768.6 1 '
L25
N 33'3236" W
953.74'
L26
N 55'08 22" E
161.58'
L27 (TL)
S 48'44'03" E
61.80'
L28 (TL)
S 81'07' 19 " E
67.7J'
LEGEND
- - = ADJOINING PROPERTY LINE
EASEMENT LINE
= EASEMENT/BOUNDARY LINE
x = WIRE FENCE
NIS = NEW IRON STAKE
EIP = EXISTING IRON PIPE
O = NEW IRON STAKE
R/W = RIGHT OF WAY
(TL) = TIE LINE
= = ACCESS AREA
22
i
I
23
TITAN CAROLINA
N CONCRETE LLC
w DB 3563, PG 219
ZONE. I/W
EIP
CONSERVATION EASEMENT DEVELOPER:
EBX—NEUSE I. LLC
302 JEFFERSON ST., STE 110
RALEIGH, N.C. 27605

Excise Tax:$71Q.00
Prepared by and returnto:Jason W.Wenzel,P.O.Box 1567,Smithfield,NC 27577
STATE OF NORTH CAROLINA
PERMANENT CONSERVATION EASEMENT
JOHNSTON COUNTY
THIS CONSERVATION EASEMENT ("Conservation Easement")made this
,Yd day of April 2019 by and between GEORGE C.UZZLE,III,and wife,LINDA
UZZLE (collectively,the "Grantor"whether one or more)and THE NORTH
CAROLINA WILDLIFE HABITAT FOUNDATION,INC.,a North Carolinanon-profit
corporationwith a principalofficelocationof 300 North Greens Street,Greensboro,NC
27429 ("Grantee").
The designationGrantor and Grantee as used herein shallincludesaidparties,their
heirs,successors and assigns,and shallinclude singular,plural,masculine,feminine or
neuter as requiredby context.
RECITALS
WHEREAS,Grantor owns in fee simple certainrealproperty situated,lying and
being in Johnston County,North Carolina,more particularlydescribed in Exhibit A
attachedhereto and incorporatedherein (the"Property");
WHEREAS,Grantee is a charitable,not-for-profitor educational corporation,
association,or trustqualifiedunder §501(c)(3)and §170 (h)of the InternalRevenue
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)listedbelow;
(a)retainingor protectingnatural,scenic,or open-space aspects of real
Property;
(b)ensuring the availabilityof realproperty forrecreational,educational,or
open-space use;
(c)protectingnaturalresources;
(d)maintaining or enhancing airor water quality.
{N0110787.DOCX;4}1
WHEREAS,Grantor and Grantee recognize the conservation,scenic,natural,or
aestheticvalue of the property in itsnaturalstate,which includes the following natural
communities:wetlands,streams,and riparianbuffers.The purpose of thisConservation
Easement isto maintain streams,wetlands and riparianresourcesand other naturalvalues
of approximately 27.270 acres,more or less,and being more particularlydescribed in
Exhibit B attached hereto and incorporatedfullyherein by reference(the "Conservation
Easement Area"),and prevent the use or development of the Conservation Easement Area
for any purpose or in any manner thatwould conflictwith the maintenance of itsnatural
condition.
WHEREAS,the restoration,enhancement and preservationof the Conservation
Easement Area is a condition of the approval of the MitigationPlan for the Uzzle Stream
MitigationSite,Department of the Army (DA)Action ID Number SAW-2016-01973.The
Wilmington DistrictCorps of Engineers (Corps)in consultationwith the North Carolina
InteragencyReview Team (IRT)has approved the modificationof the Neu-Con Umbrella
MitigationBanking Instrument (UMBI),Department of the Army Action ID 19910477,to
include The Uzzle Stream Mitigation Site.The Uzzle Stream Mitigation Site has been
approved by the Corps for use as a mitigationbank to compensate for unavoidable stream
and wetland impacts authorizedby DA permits.
WHEREAS,the restoration,enhancement and preservationof the Conservation
Easement Area isalso a conditionof the approval of the RES Neuse Umbrella Mitigation
Banking Instrument (Res Neuse UMBI)having a North Carolina Division of Water
Resources (NCDWR)filenumber 2016-0981 and a Bank Parcel Development Package
(BPDP)forthe Uzzle Stream Riparian Buffer and NutrientOffsetMitigationBank,North
Carolina Division of Water Resources (NCDWR)Project ID#20160979,which was
approved by the NCDWR,and willbe made and enteredintoby and between EBX-Neuse
I,LLC,a Maryland limitedliabilitycompany ("EBX"),acting as the Bank Sponsor,and
the NCDWR.The Uzzle Stream Riparian Buffer and Nutrient Offset Site is intended to
be used to compensate for riparianbufferand nutrientimpacts to surfacewaters.
WHEREAS,Grantor and Grantee agree thatthird-partyrightsof enforcement shall
be held by EBX,the NCDWR and the Corps (toinclude any successor agencies)("Third
Parties"),and may be exercised through the appropriate enforcement agencies of the
United Statesand the Stateof North Carolina,and thatthese rightsare in additionto,and
do not limit,the rightsof enforcement under the RES Neuse UMBI NCDWR ProjectID#
2016-0981,the BPDP NCDWR ProjectID#20160979,and the Department of the Army
instrumentnumber SAW-2016-01973,or any permit or certificationissued by the Third
Parties.
{N0110787.DOCX;4}2
NOW,THÈREFORE,for and in consideration of the covenants and
representationscontained hereinand forothergood and valuableconsideration,the receipt
and legalsufficiencyof which is hereby acknowledged,Grantor hereby unconditionally
and irrevocablygrantsand conveys unto Grantee,itsheirs,successorsand assigns,forever
and in perpetuitya ConservatioriEasement of the nature and characterand to the extent
hereinafterset forth,over the Conservation Easement Area described on Exhibit B,
togetherwith the rightto preserve and protectthe conservationvalues thereof,as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shallbe perpetual.This Conservation Easement isan
easement in gross,runs.with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives,heirs,successors and assigns,lessees,agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activityon,or use of,the Conservation Easement Area inconsistentwith
the purpose of thisConservation Easement is prohibited.The Conservation Easement
Area shallbe preserved in itsnaturalcondition and restrictedfrom any development
that would impair or interferewith the conservation values of the Conservation
Easement Area.
Without limitingthe generalityof the foregoing,the following activitiesand uses
are expresslyprohibited,restrictedor reserved as indicatedhereunder:
A.Disturbance of Natural Features.Any change disturbance,alterationor
impairment of the naturalfeaturesof the Conservation Easement Area or any introduction
of non-nativeplantsand/or animal speciesisprohibited.
B.Construction.There shallbe no constructingor placing of any building,
mobile home,asphalt or concrete pavement,billboard or other advertisingdisplay,
antenna,utilitypole,tower,conduit,line,pier,landing,dock or any other temporary or
permanent structureor facilityon or above the Conservation Easement Area.
C.Industrial,Commercial and ResidentialUse.Industrial,residentialand/or
commercial activities,includingany rightsof passage for such purposes are prohibited.
D.Agricultural,Grazing and HorticulturalUse.Agricultural,grazing,animal
husbandry,and horticulturaluse of the Conservation Easement Area are prohibited.
E.Vegetation.There shall be no removal,burning,destruction,harming,
cuttingor mowing of trees,shrubs,or othervegetationin the Conservation Easement Area
except as provided in the MitigationPlan and Bank Parcel Development Plan.
{N0110787.DOCX;4}3
Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or
volunteertreesand shrubs approved in the MitigationPlan and BPDP isallowable once a
year forno more than fiveconsecutiveyears from the date on page 1 of thisConservation
Easement,except where mowing will negatively impact vegetation or disturb soils.
Mowing activitiesshallonly be performed by EBX,itsemployees and agents and shall
not violateany part of Item L of ArticleII.
F.Roads and Trails.There shallbe no constructionof roads,trailsor
walkways on the Conservation Easement Area;nor enlargement or modificationto
existingroads,trailsor walkways.
G.Signage.No signs shallbe permitted on or over the Conservation Easement
Area,except the posting of no trespassingsigns,signs identifyingthe conservationvalues
of the Conservation Easement Area,signs giving directionsor proscribing rules and
regulationsfor the use of the Conservation Easement Area and/or signs identifyingthe
Grantor as owner of the Conservation 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 storagetanks or other
materialson the Conservation Easement Area isprohibited.
I.Excavation,Dredging or Mineral Use.There shallbe no grading,filling,
excavation,dredging,mining or drilling;no removal of topsoil,sand,gravel,rock,peat,
minerals or othermaterials,and no change in the topography of the land in any manner on
the Conservation Easement Area,except to restore natural topography or drainage
patterns.For purposes of restoringand enhancing streams and wetlands within the
Conservation Easement Area,EBX,itsagents or employees isallowed to perform grading,
filling,and excavation associatedwith stream and wetland restorationand enhancement
activitiesas described in the MitigationPlan and authorizedby Department of the Army
Nationwide Permit 27.
J.Water Quality and Drainage Pattern.There shallbe no diking,draining,
dredging,channeling,filling,leveling,pumping,impounding or related activities,or
alteringor tampering with water controlstructuresor devices,or disruptionor alteration
of the restored,enhanced,or created drainage patterns.In addition,divertingor causing
or permitting the diversion of surface or underground water into,within or out of the
easement area by any means,removal of wetlands,pollutingor discharginginto waters,
springs,seeps,or wetlands,or use of pesticideor biocidesisprohibited.
K.Development Rights.No development rightsthathave been encumbered or
extinguishedby thisConservation Easement shallbe transferredpursuant to a transferable
development rightsscheme or clusterdevelopment arrangement or otherwise.
.L.Vehicles.The operationof mechanized vehicles,including,but not limited
to,motorcycles,dirtbikes,all-terrainvehicles,cars and trucksisprohibitedotherthan for
temporary or occasional access by Grantee and the Third Parties,and theirrespective
{N0110787.DOCX;4}4
employees and agents,successors,and assigns,for purposes of constructing,maintaining
and monitoring the restoration,enhancement and preservationof streams,wetlands and
riparianareas within the Conservation Easement Area.
M.Other Prohibitions.Any other use of,or activityon,the Conservation
Easement Area which is or may become inconsistentwith the purposes of thisgrant,the
preservationof the Conservation Easement Area substantiallyin itsnaturalcondition,or
the protectionof itsenvironmental systems,isprohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself,his personal representatives,heirs,
successorsor assigns,the rightto continue the use of the Conservation Easement Area for
allpurposes not inconsistentwith thisConservation Easement,including,but not limited
to,the rightto quiet enjoyment of the Conservation Easement Area,the rightsof ingress
and egress,the rightto hunt,fish,and hike on the Conservation Easement Area,the right
to sell,transfer,giftor otherwise convey the Conservation Easement Area,in whole or in
part,provided such sale,transferor giftconveyance is subjectto the terms of,and shall
specificallyreference,thisConservation Easement.
Notwithstanding the foregoing Restrictions,Grantor reserves for Grantor,its
successorsand assigns,includingEBX actingas the Bank Sponsor,the rightto construct
and perform activitiesrelatedto the restoration,enhancement,and preservationof streams,
wetlands and riparianareas within the Conservation Easement Area in accordance with
the approved Uzzle Stream MitigationPlan,the Uzzle Stream Bank Parcel Development
Package,and the two Mitigation Banking Instruments described in the Recitalsof this
Conservation Easement.
ARTICLE IV
GRANTEE'S RIGHTS
The Grantee and the Third Parties,and theirrespectiveauthorizedrepresentatives,
successors and assigns,shallhave a perpetual right to enter the Property at reasonable
times to undertake any activitiesto restore,manage,maintain,enhance and monitor the
stream,wetland and riparianresourcesof the Conservation Easement in accordance with
its construction of the Conservation Easement,restorationactivities,or long term
management plan.The Grantee and the Third Parties,and theirrespectiveauthorized
representatives,successors and assigns,shall have the right to enter the Property and
Conservation Easement Area at allreasonable times for the purpose of inspectingthe
Conservation Easement Area to determine ifthe Grantor,or his personal representatives,
heirs,successors,or assigns,is complying with the terms,conditions,restrictions,and
purposes of thisConservation Easement.The Grantee and the Third Parties,and their
respectiveauthorizedrepresentatives,successorsand assigns,shallalso have the rightto
enterand go upon the Conservation Easement Area for purposes of making scientificor
educationalobservationsand studies,and taking samples.The easement rightsgranted
herein do not includepublic access rights.
{N0110787.DOCX;4}5
ARTICLE V
ENFORCEMENT AND REMEDIES
A.To accomplish the purposes of thisEasement,Grantee and the Third Parties
are allowed to prevent any activityon or use of the Conservation Easement Area thatis
inconsistentwith the purposes of thisEasement and to requirethe restorationof such areas
or featuresof the Conservation Easement Area thatmay be damaged by such activityor
use.Upon any breach of the terms of thisConservation Easement by Grantor thatcomes
to the attentionof the Grantee,the Grantee shallnotify the Grantor in writing of such
breach.The Grantor shallhave 30 days afterreceiptof such noticeto correctthe conditions
constitutingsuch breach.If the breach remains uncured after30 days,the Grantee may
enforce thisConservation Easement by appropriatelegalproceedings includingdamages,
injunctiveand other relief.Notwithstanding the foregoing,the Grantee reserves the
immediate right,without notice,to obtain a temporary restrainingorder,injunctiveor
other appropriatereliefif the breach of the terms of thisConservation Easement is or
would irreversiblyor otherwise materiallyimpair the benefitsto be derived from this
Conservation Easement.The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparableand remedies at law will be
inadequate.The rightsand remedies of the Grantee provided hereunder shallbe in addition
to,and not in lieuof,allotherrightsand remedies availableto Grantee in connection with
thisConservation Easement.The costsof a breach,correctionor restoration,includingthe
Grantee's expenses,court costs,and attorneys'fees,shallbe paid by Grantor,provided
Grantor is determined to be responsiblefor the breach.The Third Partiesshallhave the
same rightsand privilegesas the said Grantee to enforce the terms and conditionsof this
Conservation easement.
B.No failureon the part of the Grantee to enforce any covenant or provision
hereof shalldischarge or invalidatesuch covenant or any other covenant,condition,or
provision hereof or affectthe 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
entitleGrantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control,
including,without limitation,fire,flood,storm,war,acts of God or thirdparties,except
Grantor's lesseesor invitees;or from any prudent action taken in good faithby Grantor
under emergency conditions to prevent,abate,or mitigate significantinjury to life,
damage to property or harm to the Conservation Easement Area resultingfrom such
causes.
{N0110787.DOCX;4}6
ARTICLE VI
MISCELLANEOUS
A.Warranty.Grantor warrants,covenants and representsthat it owns the
Property in fee simple,and thatGrantor eitherowns allinterestsin the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstandingmortgages,tax liens,encumbrances,or other interestsin the Property which
have not been expressly subordinated to this Conservation Easement.Grantor further
warrants thatGrantee shallhave the use of and enjoy allthe benefitsderived from and
arisingout of thisConservation Easement,and thatGrantor willwarrant and defend title
to the Property againstthe claims of allpersons.
B.Subsequent Transfers.The Grantor agrees to incorporatethe terms of this
Conservation Easement in any deed or other legalinstrumentthattransfersany interestin
allor a portionof the Conservation Easement Area.The Grantor agrees to provide written
noticeof such transferat leastsixty(60)days priorto the date of the transfer.The Grantor
and Grantee agree thatthe terms of thisConservation Easement shallsurvive any merger
of the fee and easement interestsin the Conservation Easement Area or any portionthereof
and shallnot be amended,modified or terminated without the priorwrittenconsent and
approval of the Corps.
C.Assignment.The partiesrecognize and agree that the benefits of this
Conservation Easement are in gross and assignableprovided,however that the Grantee
hereby covenants and agrees,that in the event ittransfersor assigns thisConservation
Easement,the organizationreceivingthe interestwillbe a qualifiedholder pursuant to 33
CFR 332.7 (a)(1),N.C.Gen.Stat.§121-34 et seq.and §501(c)(3)and §170 (h)of the
InternalRevenue Code,and the Grantee furthercovenants and agrees thatthe terms of the
transferor assignment will be such that the transfereeor assignee will be required to
continue in perpetuitythe conservationpurposes described in thisdocument.
D.EntireAgreement and Severability.The combined MitigationBanking
Instruments:MBI with corresponding Mitigation Plan,and MBI with corresponding
BPDP,and thisConservation Easement setsforththe entireagreement of the partieswith
respectto the Conservation Easement and supersedes allprior discussions,negotiations,
understandings or agreements relatingto the Conservation Easement.If any provisionis
found to be void or unenforceableby a court of competent jurisdiction,the remainder shall
continue in fullforce and effect.
E.Obligationsof Ownership.Grantor is responsiblefor any realestatetaxes,
assessments,fees,or charges levied upon the Property.Grantor shallkeep the Property
freeof any liensor otherencumbrances for obligationsincurredby Grantor.Grantee shall
not be responsibleforany costsor liabilityof any kind relatedto the ownership,operation,
insurance,upkeep,or maintenance of the Property,except as expresslyprovided herein.
Nothing herein shallrelievethe Grantor of the obligationto comply with federal,stateor
locallaws,regulationsand permits thatmay apply to the exerciseof the Reserved Rights.
{N0110787.DOCX;4}7
F.Long-Term Management.Grantor is responsible for all long-term
management activitiesassociatedwith fencing.These activitiesinclude the maintenance
and/or replacement of fence structuresto ensure the aquaticresource functionswithin the
boundaries of the Conservation Easement Area are sustained.
G.Extinguishment.In the event thatchanged conditionsrender impossible
the continued use of the Conservation Easement Area for the conservationpurposes,this
Conservation Easement may only be extinguished,in whole or in part,by judicial
proceeding.
H.Eminent Domain.Whenever allor part of the Conservation Easement Area
istaken in the exerciseof eminent domain so as to substantiallyabrogate the Restrictions
imposed by thisConservation Easement,Grantor and Grantee shalljoin in appropriate
actionsat the time of such taking to recover the fullvalue of the taking,and allincidental
and directdamages due to the taking.
I.Proceeds.This Conservation Easement constitutesa realproperty interest
immediately vested in Grantee.In the event thatallor a portion of the Conservation
Easement Area issold,exchanged,or involuntarilyconverted following an
extinguishment or the exerciseof eminent domain,Grantee shallbe entitledto the fair
market value of thisConservation Easement as determined at the time of the
extinguishment or condemnation.
J.Notification.Any notice,request for approval,or other communication
requiredunder thisConservation Easement shallbe sent by registeredor certifiedmail,
postage prepaid,to the following addresses (or such address as may be hereafter
specifiedby noticepursuant to thisparagraph):
To Grantor:
Mr.&Mrs.George C.Uzzle,III
Post Office Box 101
Wilson's Mills,NC 27593
To Grantee:
North Carolina WildlifeHabitat Foundation
300 North Greene Street
Greensboro,NC 27429
To Sponsor:
EBX-Neuse I,LLC
Post Office Box 1475
Kinston,NC 28503
To the Corps:
US Army Corps of Engineers
Wilmington DistrictRegulatory Division
{N0110787.DOCX;4}8
69 Darlington Avenue
Wilmington,NC 28403
To NCDEQ -DWR:
NCDEQ -Division of Water Resources
401 &Buffer PermittingBranch
1617 Mail Service Center
Raleigh,NC 27699-1601
To EBX:
EBX-Neuse I,LLC
Post Office Box 1475
Kinston,NC 28503
K.Failureof Grantee.If at any time Grantee is unable or failsto enforce this
Conservation Easement,or if Grantee ceases to be a qualifiedgrantee,and if within a
reasonableperiod of time afterthe occurrence of one of these events Grantee failsto make
an assignment pursuant to thisConservation Easement,then the Grantee's interestshall
become vested in another qualifiedgrantee in accordance with an appropriateproceeding
in a courtof competent jurisdiction.
L.Amendment.This Conservation Easement may be amended,but only in a
writing signed by allpartieshereto,and provided such amendment does not affectthe
qualificationof this Conservation Easement or the status of the Grantee under any
applicablelaws,and isconsistentwith the conservationpurposes of thisgrant.
M.Present Condition of the Conservation Easement Area.The wetlands,
scenic,resource,environmental,and other natural characteristicsof the Conservation
Easement Area,and itscurrentuse and stateof improvement,are described in Section 4
of the MitigationPlan,prepared by Grantor and acknowledged by the Grantor and Grantee
to be complete and accurateas of the date hereof.Both Grantor and Grantee have copies
of thisreport.Itwill be used by the partiesto assure thatany futurechanges in the use of
the Conservation Easement Area will be consistentwith the terms of thisConservation
Easement.However,thisreport is not intended to preclude the use of other evidence to
establishthe presentconditionof the Conservation Easement Area ifthereisa controversy
over itsuse.
TO HAVE AND TO HOLD the saidrightsand easements perpetuallyunto Grantee
for the aforesaidpurposes.
IN TESTIMONY WHEREOF,the Grantor has hereunto sethis hand and seal,
the day and year firstabove written.
REMANINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURE PAGES TO FOLLOW
{N0110787.DOCX;4}9
GRANTOR:
By:.(seal)
Geo C.Uzzl II
By:(seal)
Lmda Uzzle
NORTH CAROLINA
JOHNSTON COUNTY
I,Eton hy C)tAnC{,a Notary Public,in and for said County and Statedo
certifythatGeorge C.Uzzie,III,and wife,Linda Uzzle,people known to me or whose
identitieswere proven by satisfactoryevidence,personallyappeared before me thisday
and acknowledged the due execution of the foregoing instrument.
Witness my hand and notarialseal/stamp,this day of n|2019.
otary Public
My Commission expires:9-(g.[9
o
[SignaturePag z eme
O
OI'd
{N0110787.DOCX;4}10
GRANTEE:
NORTH C OL WILDLIFE HABITAT FOUNDATION,INC.
.By:(SEAL)
PrintName:Gregory A.Erwin
PrintTitle:A e ~a ,A/CW NF-
STATE OF NORTH CAROLINA
COUNTY OF 0
I,&f f h{4r ,a Notary Public,in and for said County and
State,do hereby certifythatGregory A.Erwin personallycame before me thisday and
acknowledged thathe is (,helfryy2A (printtitle)of the North Carolina
WildlifeHabitat Foundation,Inc.,a North Carolina non-profitcorporation,and being
authorizedto do so,executed the foregoing on behalf of the corporationas itsact and
deed.
Witness my hand and notarialseal/stamp,this day of 2019.
Notary Public
My Commission expires:
ALEXANDER BEELER
NOTARY PUBLIC
WAKE COUNTY
[SignaturePage to Uzzle Easement
{N0110787.DOCX;4}11
EXHIBIT A
TRACT ONE:Tax identificationnumber:17J07005D
Being allof that75.68 acres,more or less,tractdescribed in Book 783,page 380 (tract
one)lessand except (i)Book 1194,page 125,and (ii)Book 1122,page 267,allof the
Johnston County Registry.
TRACT TWO:Tax identificationnumber:17J07005A
Being allof that50.22 acres,more or less,tractdescribed in Book 1236,page 130,less
and except (i)Book 1122,page 322,and (ii)Book 1193,page 343,allof the Johnston
County Registry.
TRACT THREE:Tax identificationnumber:17J07005C
Being allof that25 acres,more or less,described in Book 701,page 192,Johnston
County Registry.
{N0110787.DOCX;4}12
EXHIBIT B
TO PERMANENT CONSERVATION EASEMENT by and between
GEORGE C.UZZLE,E,and wife,LINDA UZZLE ("Grantor")and THE NORTH
CAROLINA WILDLIFE HABITAT FOUNDATION,INC.,a North Carolinanon-
profitcorporation("Grantee"),dated the day of April2019.
"ConservationEasement Property"
Being allof Area 1 (19.645 acres)and Area 2 (7.625 acres)[total:27.270 acres]as shown
on a platentitled"Conservation Easement Survey for EBX-Neuse I,LLC of the Uzzle
Site"as drawn by James R.Watson,PLS,of Matrix East,PLLC,dated February 14,2019,
such platbeing recorded in PlatBook 88,page 371,Johnston County Registry.
{N0110787.DOCX;4}13