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HomeMy WebLinkAbout2025-735-E-DEAPR-Kennon Craver, Attorneys at Law -Closing Settlement with full closing costs for purchase of property owned by Albert Kittrell and heirs of Wilbert McAdoo JrKennon Craver, PLLC ALTA Universal ID: 4011 University Drive Suite 300 Durham, NC 27707 (919) 490-0500 ALTA Combined Selement Statement File #:23604.053 Print Date & Time:12/08/2025 at 09:08 AM EST Aorney:Brian M. Ferrell Selement Locaon:4011 University Drive Suite 300 Durham, NC, 27707 Property 1401 Dimmocks Mill Road Hillsborough, NC 27278 Buyer Orange County, North Carolina P.O. Box 8181 Hillsborough, NC 27278 Seller Albert T. Kirell and The Estate of Wilbert McAdoo, Jr. P.O. Box 135 Efland, NC 27243 Lender Selement Date 12/11/2025 Disbursement Date 12/11/2025 Seller Buyer Debit Credit Debit Credit Financial $401,000.00 Sale Price of Property $401,000.00 NCLWF Contract # 2023-020 Grant Funds $203,930.00 Government Recording and Transfer Charges Government recording charges $26.00 $802.00 State tax/stamps Deed $802.00 Mortgage $0.00 to Orange County Registerof Deeds Conservaon Easement Deed Recording Fee to Orange County, NorthCarolina $54.00 Plat Recording Fee to Orange County, North Carolina $21.00 Title Charges & Escrow / Selement Charges Title Insurance Premium - 202510618CA to Investors Title InsuranceCompany $1,174.61 Title Insurance Premium - 202510974CA to Investors Title InsuranceCompany $802.70 Miscellaneous Selement Agent Fees to Kennon Craver, PLLC $7,000.00 $40.00 Seller Proceeds Wire/Overnight Fee to Kennon Craver, PLLC $1,868.16 2025 Tax Payment to Orange County Tax Department $108.30 Seller Buyer Debit Credit Debit Credit $2,710.16 $401,000.00 Subtotals $410,186.61 $203,930.00 Due from Buyer $206,256.61 $398,289.84 Due to Seller $401,000.00 $401,000.00 Totals $410,186.61 $410,186.61 See signature addendum File # 23604.053 Printed on 12/08/2025 at 09:08 AM EST Produced by Kennon Craver, PLLC Using Qualia Page 1 of 1 Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E Signature Addendum Acknowledgement We/I have carefully reviewed the Selement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transacon and further cerfy that I have received a copy of the Selement Statement. We/I authorize Kennon Craver, PLLC to cause the funds to be disbursed in accordance with this statement. Orange County, North Carolina This instrument has been pre-audited in the manner required by the LocalGovernment Fiscal Control Act. Orange County Finance Officer By: Date Name: Date Title: Date Date Albert T. Kirell The Estate of Wilbert McAdoo, Jr. Arianna M. Hinton, as Administrator of the Estate of Wilbert McAdoo, Jr. andindividually, as an heir to the estate of Wilbert McAdoo, Jr. Mahew J. Hinton, individually as an heir to the estate of Wilbert McAdoo, Jr. Date By: Date By: Date Selement Agent Date 23604.053 Printed on 12/08/2025 Produced by Kennon Craver, PLLC Using Qualia Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E 12/10/2025 12/11/2025 12/11/2025 12/11/2025 County Manager Travis Myren Page 1 of 3 NC Bar Association Form No. 3 © Revised 11/2020 Printed by Agreement with the NC Bar Association North Carolina Bar Association – NC Bar Form No. 3 North Carolina Association of Realtors, Inc. – Standard Form 3 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $939.00 Parcel ID: 9854-91-0340 Mail/Box to: Grantee Prepared by: Kennon Craver, PLLC (BMF) Brief description for the Index: 1401 Dimmocks Mill Road, Hillsborough, NC 27278 THIS GENERAL WARRANTY DEED (“Deed”) is made on the _____ day of ________________ 2025, by and between: GRANTOR GRANTEE Albert T. Kittrell, unmarried and Arianna M. Hinton, as the Administrator of the Estate of Wilbert McAdoo, Jr. and individually, as an heir to the estate of Wilbert McAdoo, Jr. Matthew J. Hinton, individually as an heir to the estate of Wilbert McAdoo, Jr. together as Tenants in Common ADDRESS: P.O. Box 135 Efland, NC 27243 Orange County, North Carolina ADDRESS: P.O. Box 8181 Hillsborough, NC 27278 Enter in the appropriate block for each Grantor and Grantee their name, mailing address, and, if appropriate, state of organization and character of entity, e.g. North Carolina or other corporation, LLC, or partnership. Grantor and Grantee includes the above parties and their respective heirs, successors, and assigns, whether singular, plural, masculine, feminine or neuter , as required by context. FOR VALUABLE CONSIDERATION paid by Grantee, the receipt and legal sufficiency of which is acknowledged, Grantor by this Deed does hereby grant, bargain, sell and convey to Grantee, in fee simple, all that certain lot, parcel of l and or condominium unit in the Orange County, North Carolina and more particularly described as follows (the “Property”): Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E Page 2 of 2 NC Bar Association Form No. 3 © Revised 11/2020 Printed by Agreement with the NC Bar Association North Carolina Bar Association – NC Bar Form No. 3 North Carolina Association of Realtors, Inc. – Standard Form 3 BEING the same property as the entirety of Lot A as shown on that plat entitled “Final Exempt Plat Boundary and Easement Survey Property of Albert T. Kittrell and Estate of Wilbert McAdoo, Jr.” dated as of March 19, 2024 by Freehold Land Surveys, Inc. and recorded in Plat Book _____, Page _____, Orange County Registry. All or a portion of the Property was acquired by Grantor by instrument recorded in Book 4938, Page 286, Orange County Registry. All or a portion of the Property ☐ includes or ☐ does not include the primary residence of a Grantor. A map showing the Property is recorded in Plat Book 98, Page 192, Orange County Registry. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. Grantor covenants with Grantee that Grantor is seized of the Property in fee simple, Grantor has the right to convey the Property in fee simple, title to the Property is marketable and free and clear of all encumbrances, and Grantor shall warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: 1. Taxes for the year 2026, and subsequent years, not yet due and payable. 2. Matters shown on recorded Plat Book 98 at Page 192 and Book 78 at Page 32. 3. Matters shown on recorded Department of Transportation Plat Book 2, Page 79 and Department of Transportation Plat Book 2 at Page 63. 4. Right of Way Reservation for a roadway as described in Book 81, Page 259. 5. Right of Way Easement to Piedmont Electric Membership Corporation recorded in Book 111, Page 110. 6. Right of Way to the State Highway and Public Works Commission recorded in Book 166, Page 6. 7. Right of Way to Morris Telephone Company recorded in Book 180, Page 447. 8. Right of Way to the State Highway Commission recorded in Book 216, Page 437. 9. Easement to the University of North Carolina recorded in Book 144, Page 607. 10. Drainage Easement to the Department of Transportation recorded in Book 6801, Page 192. IN WITNESS WHEREOF, Grantor has duly executed this North Carolina General Warranty Deed, if an entity by its duly authorized representative. ______________________________________________(SEAL) Albert T. Kittrell STATE OF ___________________, COUNTY OF ________________________ I ___________________________________________, a Notary of the above state and county, certify that the following person(s) personally appeared before me on the _____ day of ________________ 2025 each acknowledging to me that he or she signed the foregoing document, in the capacity represented and identified therein (if any): Albert T. Kittrell Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E Page 3 of 2 NC Bar Association Form No. 3 © Revised 11/2020 Printed by Agreement with the NC Bar Association North Carolina Bar Association – NC Bar Form No. 3 North Carolina Association of Realtors, Inc. – Standard Form 3 Notary Public (Official Signature) My commission expires: ___________________ Additional Acknowledgements on Following Page ______________________________________________(SEAL) Arianna M. Hinton, as Administrator of the Estate of Wilbert McAdoo, Jr. and individually, as an heir to the estate of Wilbert McAdoo, Jr. STATE OF ___________________, COUNTY OF ________________________ I ___________________________________________, a Notary of the above state and county, certify that the following person(s) personally appeared before me on the _____ day of ________________ 2025 each acknowledging to me that he or she signed the foregoing document, in the capacity represented and identified therein (if any): Arianna M. Hinton Notary Public (Official Signature) My commission expires: ___________________ Affix Notary Seal/Stamp Affix Notary Seal/Stamp Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E Page 4 of 2 NC Bar Association Form No. 3 © Revised 11/2020 Printed by Agreement with the NC Bar Association North Carolina Bar Association – NC Bar Form No. 3 North Carolina Association of Realtors, Inc. – Standard Form 3 Additional Acknowledgements on Following Page ______________________________________________(SEAL) Matthew J. Hinton, as an heir to the estate of Wilbert McAdoo, Jr. STATE OF ___________________, COUNTY OF ________________________ I ___________________________________________, a Notary of the above state and county, certify that the following person(s) personally appeared before me on the _____ day of ________________ 2025 each acknowledging to me that he or she signed the foregoing document, in the capacity represented and identified therein (if any): Matthew J. Hinton Notary Public (Official Signature) My commission expires: ___________________ Affix Notary Seal/Stamp Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 1 of 18 CONSERVATION EASEMENT Kittrell-McAdoo Property Prepared by: Orange County and North Carolina Land and Water Fund After Recording Return to: P.O. Box 8181, Hillsborough, NC 27278 NORTH CAROLINA ORANGE COUNTY Tax Parcel No. 9854-91-0340 NCLWF No. 2023-020 THIS DEED OF CONSERVATION EASEMENT (“Conservation Easement”) is made, given, granted, and executed on this the ___ day of _______, ______, by and between ORANGE COUNTY, a local body politic and corporate of the State of North Carolina (“Grantor”), its address being: P.O. Box 8181, Hillsborough, NC 27278, and the STATE OF NORTH CAROLINA (“Grantee” or “State”), its address being: Attn: NCLWF Real Property Agent, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321, acting by and through NORTH CAROLINA LAND AND WATER FUND a.k.a. North Carolina Clean Water Management Trust Fund, a division of the North Carolina Department of Natural and Cultural Resources (“Fund”), its address being: Attn: Stewardship, North Carolina Land and Water Fund, 1651 Mail Service Center, Raleigh, North Carolina 27699-1651. Grantor and Grantee may hereinafter be referred to individually as a “Party” or collectively as the “Parties.” RECITALS A. Grantor owns in fee simple absolute certain real property lying and being in Cheeks Township, Orange, North Carolina, which consists of 19.404 acres, and which is more particularly described in “Exhibit A” which is attached hereto and incorporated herein by reference as if fully set forth herein (the “Property”). Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 2 of 18 B. Grantor is a North Carolina local government. Grantor’s Department of Environment, Agriculture, Parks, and Recreation Department will help manage and maintain the Property. C. The State has enacted the Conservation and Historic Preservation Agreements Act (the “Act”), Chapter 121, Article 4 of the North Carolina General Statutes (“N.C.G.S.”), which provides for the enforceability of restrictions, easements, covenants, and conditions “appropriate to retaining land or water areas predominantly in their natural, scenic or open condition . . . .” D. The North Carolina Land and Water Fund a.k.a. North Carolina Clean Water Management Trust Fund is authorized by N.C.G.S. Chapter 143B, Article 2, Part 41 to acquire land and interests in land on behalf of the State: • for riparian buffers for the purposes of providing environmental protection for surface waters and urban drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses, • for the purpose of protecting and conserving surface waters and enhancing drinking water supplies, including the development of water supply reservoirs, • to provide buffers around military bases to protect the military mission, • that represent the ecological diversity of North Carolina, including natural features such as riverine, montane, coastal, and geologic systems and other natural areas to ensure their preservation and conservation for recreational, scientific, educational, cultural, and aesthetic purposes, and • that contribute to the development of a balanced State program of historic properties. E. Grantor and Grantee have agreed that the entire Property shall be subject to this Conservation Easement. As aforementioned, the Property is more particularly described in Exhibit A. The Property has the following conservation values and serves the following conservation purposes: • to preserve, enhance, restore, and maintain the natural features and resources of the riparian buffer, to control runoff of sediment, and to improve and maintain the water quality, of portions of Rocky Run and its tributaries and • to protect and preserve the ecological diversity including natural features such as Natural Heritage Program inventoried occurrence of the Seven Mile Creek Natural Area for recreational, scientific, educational, cultural, and aesthetic purposes. Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 3 of 18 Moreover, Grantor and Grantee recognize that the Property has other conservation values and purposes, including fish and wildlife conservation, open space values, scenic values, and archaeological values (hereinafter, collectively with the conservation values described in this Section E of the Recitals and the conservation purposes of this Conservation Easement, the “Conservation Values”). F. Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River Association has received or will receive a grant from Fund in accordance with Grant Contract No. 2023-020 between Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River Association and Fund dated September 20, 2023 (the “Grant Contract”). In the Grant Contract, Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River Association agreed to facilitate the conveyance of this Conservation Easement. The Grant Contract is on file and available for public inspection in the offices of Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River Association and Fund. The Grant Contract and this Conservation Easement are collectively referred to herein as the “Project.” G. Grantor and Grantee acknowledge that the Property is currently unencumbered except as permitted in Article V of this Conservation Easement. The Property’s characteristics, its current use, and its state of improvement are described in a Baseline Documentation Report (the “BDR”), which was required under the Grant Contract and is on file and available for public inspection in the offices of Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River Association and Fund. The Parties acknowledge that the BDR is the appropriate basis for monitoring compliance with the objectives of preserving the Conservation Values and that it is not intended to preclude the use of other evidence (e.g. surveys, appraisals) to establish the condition of the Property at the time of the execution of this Conservation Easement if there is a controversy over such condition. NOW, THEREFORE, in consideration of the premises and the mutual benefits recited herein, together with other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, Grantor hereby unconditionally and irrevocably gives, grants, and conveys forever and in perpetuity to Grantee, its successors and assigns, and Grantee hereby accepts, this Conservation Easement of the nature and character and to the extent hereinafter set forth in, on, over, under, through, above, and across the Property, together with the right and easement to preserve and protect the Conservation Values. The purpose of this Conservation Easement is to protect and preserve the Conservation Values as outlined above in Section E of the Recitals including the conservation purposes and it shall be so held, maintained, and used therefor. Grantor hereby conveys to Grantee all development rights that are now or hereafter allocated to, or are implied or inherent in, the Property, and the Parties agree that such rights are terminated and extinguished, and may not be used on or transmitted to any other property. It is the further purpose of this Conservation Easement to prevent any use of the Property that will impair or interfere with the preservation of the Conservation Values. Grantor intends that this Conservation Easement will restrict the use of the Property to such activities as are consistent with the Conservation Values. Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 4 of 18 FURTHER, for the purpose of providing uninterrupted access to the Property, it is understood and agreed by and between Grantor and Grantee that the Property adjoins SR 1134 Dimmocks Mill Road and has a direct means of vehicular and pedestrian access to said public road. ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee, its successors and assigns, against Grantor, its representatives, successors, assigns, lessees, agents, and licensees. ARTICLE II. RIGHTS RESERVED TO GRANTOR Grantor reserves the right accruing from the fee simple ownership of the Property to engage in or permit others to engage in the uses of the Property that are not inconsistent with this Conservation Easement or the Conservation Values. All rights reserved by Grantor are reserved for Grantor and its successors and assigns. The specific reserved rights listed below in this Article II are considered to be consistent with this Conservation Easement and the Conservation Values. Grantor shall continue to own and may use the Property in any lawful manner that is consistent with this Conservation Easement and the Conservation Values. The Parties acknowledge and agree that they have no right to agree to any activity that would result in the termination of this Conservation Easement. The Property shall be restricted from any development or usage that would impair or interfere with the Conservation Values including the purposes of this Conservation Easement. The following uses are reserved as indicated: A. Access and Use. Grantor reserves the right to allow access and use of the Property for the purposes of the activities permitted herein. Grantor reserves the right to generate income from individuals and groups related to the activities permitted under the rights reserved herein, so long as the activities are not detrimental to the Conservation Values. B. Passive Recreational Use. Grantor reserves the right to engage in and to permit others to engage in passive recreational uses of the Property that do not require surface alteration of the land and pose no threat to the Conservation Values. By way of illustration, such passive recreational uses may include hiking, walking, scientific study, animal/plant observation, nature and environmental education, historic tours, photography, so long as such uses are consistent with the maintenance of the Conservation Values, and such uses are subject to all applicable federal, state, and local laws and regulations. C. Existing Roads and Trails. Grantor reserves the right to maintain existing unpaved roads and trails on the Property. These roads and trails shall not be paved without prior written approval of Fund. The existing roads and trails may be stabilized with gravel and permanent vegetation. Associated ditches, culverts, stream crossings, and bridges may be Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 5 of 18 maintained and replaced as necessary as maintenance of the road or trail. All necessary care shall be taken to maintain existing roads and trails in a manner so as not to impair any Conservation Values. Existing roads and trails shall not be realigned without the prior written approval of Fund. D. Parking Area , Access Road, and Vault Toilet. Grantor reserves the right to construct and maintain a parking area for up to ten (10) cars and an associated access road. Grantor further reserves the right to construct and maintain a vault toilet within the parking area. The parking area and vault toilet must be located a minimum of 100 feet from the top of the bank of all surface waters. Grantor must receive written approval of Fund prior to the construction, paving, or realignment of the parking area, access road or vault toilet. All necessary care shall be taken to construct and maintain the parking area, access road, and vault toilet in a manner so as not to impair any Conservation Values either during or after construction. E. Motorized Vehicles. Grantor reserves the right to use motorized vehicles on allowed roads and trails for management, maintenance, or stewardship purposes. Grantor further reserves the right to allow motorized vehicles on existing and new roads and parking area for the purpose of public access. F. New Natural Surface Trails. Grantor reserves the right to construct and maintain new natural surface trails for the purpose of hiking. All natural surface trails must be located a minimum distance of fifty (50) feet from the top of the bank of all surface water, unless such locations are physically impracticable, and must be located so as not to impair the Conservation Values. Natural surface trails may include stream crossings, provided they are permitted by all applicable regulatory authorities. When required by the terrain, natural surface trails may include boardwalks, ramps, and handrails to the extent necessary. All natural surface trail construction involving soil disturbance must follow best practices for sustainable trail design and construction and must have prior written approval of Fund. All necessary care shall be taken to construct and maintain natural surface trails in a manner so as not to impair any Conservation Values either during or after construction. Fund shall have the authority to require the closure of any natural surface trail that is detrimental to any Conservation Values. All realignments of natural surface trails are subject to the requirements of this Paragraph. G. New Paved Trails. Grantor reserves the right to construct and maintain new paved trails for the purpose of non-motorized recreation. All paved trails must be located a minimum distance of fifty (50) feet from the top of the bank of all surface water, unless such locations are physically impracticable, and must be located so as not to impair the Conservation Values. Paved trails may include stream crossings, provided they are permitted by all applicable regulatory authorities. When required by the terrain, paved trails may include boardwalks, ramps, and handrails to the extent necessary. All paved trail construction involving soil disturbance must follow best practices for sustainable trail design and construction and must have prior written approval of Fund. All necessary care shall be taken to construct and maintain paved trails in a manner so as not to impair any Conservation Values either during or after construction. Fund shall have the authority to require the closure of any paved trail that is detrimental to any Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 6 of 18 Conservation Values. All realignments of paved trails are subject to the requirements of this Paragraph. H. Trail and Recreational Accessories. Grantor reserves the right to construct and maintain park benches, litter receptacles, and directional, educational, and informational signs along existing trails and approved new natural surface and paved trails. Grantor further reserves the right to construct and maintain one (1) observation platform along existing and approved new natural surface and paved trails or on the banks of surface water if allowed and approved by all applicable regulatory authorities. All necessary care shall be taken to construct and maintain trail and recreational accessories in a manner so as not to impair any Conservation Values either during or after construction. Fund shall have the authority to require the removal of any trail or recreational accessory that is detrimental to any Conservation Values. I. Vegetation Management. Grantor reserves the right to manage vegetation for boundary marking, fencing, signage, fire containment, disease control, insect control, invasive exotic plant control, and removal of conditions that threaten life or property. Methods of vegetation management may include, but are not limited to, selective cutting, prescribed burning, and application of herbicides or pesticides. J. Native Community Restoration, Management, and Maintenance. Grantor reserves the right to perform all activities necessary to restore, manage, or maintain the native plant and animal communities on the Property, provided, however, that the conversion of one habitat type to a native habitat type requires prior written approval of Fund. All necessary care shall be taken to protect all Conservation Values, and restoration, management, and maintenance activities shall be carried out in a manner so as not to impair any Conservation Values either during or after the activities. K. Stream/Wetland Restoration. Grantor reserves the right to perform all activities necessary to restore and stabilize streams and wetlands to enhance water quality on the Property. Such activities shall be based upon prevailing design and permitting standards. Restoration and stabilization activities shall be based on a design using as many natural materials as possible, shall require prior written approval of Fund, and shall be subject to all applicable regulatory authorities. L. Signs. Grantor reserves the right to post the following signs: no trespassing signs, local, state, or federal traffic or similar information signs, for sale or lease signs, signs identifying the Conservation Values of the Easement, signs identifying Grantor as owner of the Property, signs identifying the funders or the holders of Conservation Easements, educational signs, directional signs, and interpretative signs. ARTICLE III. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property that is inconsistent with this Conservation Easement or the Conservation Values is prohibited. The Property shall be maintained in its natural, scenic, wooded, and open condition and restricted from any development or use that would impair or Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 7 of 18 interfere with this Conservation Easement or the Conservation Values. Without limiting the generality of the immediately foregoing Paragraph, the following activities and uses are expressly prohibited or restricted on the Property as stated, except to the extent of rights specifically reserved to Grantor in Article II. When an activity or use is prohibited or restricted in, within, on, or of the Property, the activity or use is prohibited or restricted in, on, over, under, through, above, and across the Property. A. Industrial and Commercial Use. Industrial and commercial activities and any rights of passage for such purposes are prohibited on the Property. B. Agricultural, Grazing and Horticultural Use. Agriculture, grazing, horticultural, and animal husbandry operations and any rights of passage for such purposes are prohibited on the Property. C. Disturbance of Natural Features, Plants, and Animals. There shall be no cutting or removal of trees and no disturbance of other natural features on the Property. D. Construction of Structures or Improvements. There shall be no constructing or placing of any temporary or permanent structure, improvement, building, fixture, mobile home, asphalt, concrete, or other pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, or facility on the Property. E. Motorized Vehicles. Use of motorized vehicles on the Property is prohibited. F. Signs. Signs are not permitted on the Property. G. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging, mining, or drilling on the Property. There shall be no removal of topsoil, sand, gravel, rock, peat, minerals, hydrocarbons, or other materials from the Property. There shall be no change in the topography of the Property in any manner. H. Wetlands and Water Quality. There shall be no pollution or alteration of surface waters on the Property. There shall be no construction or other activities that would be detrimental to water quality or that would alter the natural water levels, drainage, sedimentation, or water flow in, on, or over the Property or into any surface waters. There shall be no construction or other activities that would cause soil degradation or erosion. There shall be no diking, dredging, alteration, draining, filling, or r emoval of wetlands. I. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or other materials on the Property is prohibited. J. Conveyance and Subdivision. The Property shall not be divided, subdivided, or partitioned. No property interest in the Property, including, but not limited to the fee simple Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 8 of 18 interest, shall be divided, subdivided, or partitioned. Without limiting the foregoing, the Property shall not be conveyed except in its current configuration as a single parcel of property. K. Open Space and Development Rights. The Property shall not be used to satisfy open space or density requirements of any cluster or other development scheme or plan. The development rights encumbered by this Conservation Easement shall not be transferred to any other land pursuant to a transfer of development rights scheme, a cluster development arrangement, or otherwise. L. Mitigation. There shall be no use of the Property or any portion thereof to satisfy compensatory mitigation requirements under 33 USC § 1344, N.C.G.S. §143-214.11 or any successor or replacement provision of the foregoing. M. Destruction of Archaeological Resources Prohibited. Notwithstanding anything to the contrary stated herein, Grantor agrees to manage the Property in such a way as to protect the archaeological integrity of the Property and to not disturb, demolish, destroy, or otherwise deface or alter any known archaeological features on the Property without prior written approval of Fund. In the event that an archaeological feature is uncovered during the course of any improvements on the Property or through a natural event such as but not limited to flood or erosion, Grantor shall notify Fund immediately and shall assist with any requested actions by Grantee to document and protect the feature. ARTICLE IV. ENFORCEMENT AND REMEDIES A. Enforcement and Remedies. Grantee has the right to prevent and stop any violation of this Conservation Easement, including, but not limited to, preventing and stopping any activity on or use of the Property that is inconsistent with this Conservation Easement or its purposes, and to require the prompt restoration to the condition required by this Conservation Easement of such areas or features of the Property that may have been damaged by such violation, activity, or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of Grantee, Grantee, may notify Grantor in writing of such breach. Grantor shall have ninety (90) days after receipt of such notice to correct the co nditions constituting such breach. If the breach remains uncured after ninety (90) days, Grantee may enforce this Conservation Easement by legal proceedings for damages, injunctive relief, and any other legal or equitable remedy. Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Property by acts which may be unlawful or in violation of this Conservation Easement, (b) to otherwise preserve or protect its interest in the Property, and (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, Grantee has the immediate right, without notice, to obtain a temporary restraining order, injunction, or other appropriate relief if a breach or threatened breach of the terms of this Conservation Easement would irreversibly or materially impair the benefits to be derived from this Conservation Easement. Grantor and Grantee acknowledge that under such circumstances damage to Grantee would be irreparable and remedies at law will be Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 9 of 18 inadequate. The rights and remedies of 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, including, without limitation, those set forth in the Grant Contract under which this Conservation Easement was obtained. B. Access for Inspection and Right of Entry. Grantee shall have the right, by and through its agents and employees, to enter the Property to inspect the Property for compliance with this Conservation Easement at all reasonable times and with prior notice and, if necessary, cross other lands owned by Grantor for the purposes of (1) inspecting the Property to determine if Grantor is complying with this Conservation Easement and its purposes, (2) enforcing the terms of this Conservation Easement, (3) taking any and all actions with respect to the Property as may be necessary or appropriate with or without order of the Court, to remedy or abate violations hereof, and (4) making scientific and educational observations and studies and taking samples in such a manner as will not disturb the quiet enjoyment of the Property by Grantor. C. Termination and Proceeds of Property Rights Created. This Conservation Easement gives rise to a property right that is immediately vested in Grantee at the time of recordation, with a fair market value that is at least equal to the proportionate value that the Conservation Easement bears to the full value of the whole Property, as if unencumbered by the Conservation Easement, on the date of the recording of this Conservation Easement. This proportionate value shall remain constant. For the purposes of determining any distribution of proceeds pursuant to this Paragraph, Grantor’s proportionate contribution to the purchase price shall be deemed to be 49%, and Grantee’s proportionate contribution to the purchase price shall be deemed to be 51%. “Proceeds of Sale” shall include, but not be limited to, the cash value of all money and property paid, transferred, or contributed in consideration for, or as otherwise required as a condition to, the taking of, sale of, exchange of, involuntary conversion of, or severance damages to the Property or part thereof, and any money, damages, or just compensation otherwise awarded as a result of judicial proceedings. If any Proceeds of Sale are due, payable, or otherwise obligated to the United States government or any department or agency thereof related to funding provided to Grantor, then any such obligation shall be paid or satisfied solely from Grantor’s portion of the Proceeds of Sale. 1. Eminent Domain. The Conservation Easement may only be extinguished due to Eminent Domain, in whole or in part, by judicial proceeding. Whenever all or part of the Property is taken by eminent domain, threatened to be taken by an entity with the power of eminent domain, or acquired, or sought to be acquired, by negotiated sale in lieu of condemnation, whether by public, corporate, or other authority, Grantor shall immediately give notice to Grantee and Fund, and shall take all appropriate actions related to such taking or negotiated sale in coordination with and with the prior written approval of Grantee and Fund, to recover the full fair market value (without regard to any diminution in value attributable to the Conservation Easement) of the taking or acquisition and all incidental, direct, and severance damages resulting from the taking or acquisition. Grantee, its successors and assigns, shall be entitled to its proportionate share of the Proceeds of Sale according to Grantee’s proportional interest in the value of the Property as determined Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 10 of 18 under Treasury Regulations §1.170A-14(g)(6)(ii) or any successor regulation. As such designation is allowed by N.C.G.S. §146-30(a), Grantee shall use its share of the Proceeds of Sale in a manner consistent with the purpose(s) of the Conservation Easement as set forth herein. Notwithstanding the foregoing, all Proceeds of Sale shall be distributed among the Parties according to each Party’s respective contribution to the purchase price of the Property and this Conservation Easement as specified above. Nothing herein limits Grantee’s right to be included as a named party in any eminent domain action or its right to just compensation for the taking of its property interest. 2. Changed Conditions. If a subsequent, unexpected change in conditions surrounding the Property makes impossible or impractical the continued use of the Property or any part thereof for the purposes of this Conservation Easement as set forth herein, the Conservation Easement may only be extinguished in whole or in part by judicial proceeding. If this Conservation Easement is extinguished, in whole or in part, by judicial proceeding because of changed conditions, Grantee, its successor s and assigns, shall be entitled to its proportionate share of the Proceeds of Sale according to Grantee’s proportional interest in the value of the Property as determined under Treasury Regulations §1.170A-14(g)(6)(ii) or any successor regulation. As such designation is allowed by N.C.G.S. §146-30(a), Grantee shall use its share of the Proceeds of Sale in a manner consistent with the purpose(s) of the Conservation Easement as set forth herein. Notwithstanding the foregoing, all Proceeds of Sale shall be distributed among the Parti es according to each Party’s respective contribution to the purchase price of the Property and this Conservation Easement as specified above. Nothing herein limits Grantee’s right to be included as a named party in any judicial proceedings related to changed conditions. D. Acts Beyond Grantor’s Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from the acts of third parties not authorized by Grantor, or from causes beyond Grantor’s control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, property, or the Property, resulting from such causes. E. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor’s acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. F. No Waiver. Any forbearance by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or of any other term of this Conservation Easement or of Grantee’s rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. ARTICLE V. TITLE Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 11 of 18 Grantor covenants, represents, and warrants (i) that Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey this Conservation Easement, (ii) that there is legal access to the Property, (iii) that the Property is free and clear of any and all encumbrances, except those permitted exceptions outlined below, none of which would nullify, impair, or limit in any way the terms or effect of this Conservation Easement, (iv) that Grantor shall defend its title and Grantee’s title against the claims of all persons whomsoever, and (v) that Grantee, its successors and assigns, shall have the right to monitor and defend the terms of this Conservation Easement. The following are permitted exceptions to the above covenants, representations, and warranties: 1. Taxes for the year 2026, and subsequent years, not yet due and payable. 2. Matters shown on that certain Final Exempt Plat Boundary and Easement Survey Property of Albert T. Kittrell and Estate of Wilbert McAdoo, Jr. recorded Plat Book ___ at Page ___ including the following located on the Land: a) 80' stream buffer; b) Floodway AE; c) Flood Zone AE; d) Rocky Run Creek; e) permanent and temporary drainage easements (DB 6801, Pg 192); f) a 5' wire fence that may be an encroachment; g) a well; and h) a right of way for Dimmocks Mill Road 3. Matters shown on recorded Plat Book 98 at Page 192 and Book 78 at Page 32. 4. Matters shown on recorded Department of Transportation Plat Book 2 at Page 79. 5. Right of Way Reservation for a roadway as described in Book 81, Page 259. 6. Right of Way Easement to Piedmont Electric Membership Corporation recorded in Book 111, Page 110. 7. Right of Way to the State Highway and Public Works Commission recorded in Book 166, Page 6. 8. Right of Way to Morris Telephone Company recorded in Book 180, Page 447. 9. Right of Way to the State Highway Commission recorded in Book 216, Page 437. 10. Easement to the University of North Carolina recorded in Book 144, Page 607. Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 12 of 18 11. Rights of others thereto entitled in and to the continued uninterrupted flow of water through ditch(es), stream(s), creek(s) or gully(ies) crossing the Land, or an abutting pond incident to the Land, without diminution. 12. Title to that portion of the Land within the right-of-way of Dimmocks Mill Road. ARTICLE VI. MISCELLANEOUS A. Stewardship of the Conservation Easement. Pursuant to the terms of the Grant Contract and any contract for stewardship of the Property entered into pursuant to the Grant Contract, Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River Association will monitor and observe the Property in perpetuity to assure compliance with the purposes and provisions of this Conservation Easement and the provisions of the Grant Contract, and will report on the condition of the Property, or provide for such reporting, to State and Fund no less frequently than once a year, and further will report immediately to State and Fund any observed and/or known violations of this Conservation Easement or the Grant Contract. The Parties acknowledge that the associated stewardship monies awarded under the Grant Contract are administered pursuant to N.C.G.S. §143B-135.236 which establishes the North Carolina Conservation Easement Endowment Fund, or any successor law, and Fund’s internal policies and procedures, and that Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River Association’s obligation to monitor the Property at any given time is contingent on the availability of said stewardship funds. Further, the Parties acknowledge that this obligation to monitor the Property is assignable provided such assignment is made with the prior written approval of Fund and evidenced by a written instrument signed by the Parties thereto and recorded in the Office of the Register of Deeds of Orange County. Provided further, that any such assignment of Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River Association’s obligation to monitor the Property shall include a right of entry onto the Property for the assignee of said monitoring obligation, and shall require the monitoring to be carried out in accordance with and subject to N.C.G.S. §143B-135.236 or any successor law, and Fund’s internal stewardship policies and procedures. The Parties specifically acknowledge that neither Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River Association’s obligation to monitor the Property, nor its assignment of said obligation, shall have any effect on the rights and obligations of Grantee of this Conservation Easement. Further, the Parties covenant that the obligation to provide monitoring of the Property will survive any transfer of Grantor’s fee interest in the Property. B. Subsequent Transfers of the Fee or Other Interests; Licenses. Grantor agrees for itself, its successors and assigns, that in the event it intends to transfer the Property, any interest in the Property, or any license to use the Property, to notify Grantee and Fund in writing of the names and addresses of any party to whom the Property, any interest in the Property, or any license to use the Property, is to be transferred, the nature of the interest or license to be transferred, and the terms and conditions of the intended transfer, at least sixty (60) days before the transfer is intended to be consummated. Grantor, for itself, its successors and assigns, further agrees to make specific reference to this Conservation Easement in a separate paragraph of any subsequent lease, deed, license, or other legal instrument by which any interest or license in the Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 13 of 18 Property is conveyed. The Property owner shall not convey the Property or any interest or license therein, and shall not incur, assume, or suffer to exist any lien, upon or with respect to the Property, without disclosing to the prospective transferee the Conservation Easement, the obligations of the Property owner, and the limitations on use of the Property. No interest or license in the Property shall be transferred except in writing in accordance with the above. Nothing in this Paragraph abrogates or limits Paragraph J of Article III hereof. C. Subsequent Transfers of the Conservation Easement. The Parties hereto recognize and agree that the benefits of this Conservation Easement are in gross and assignable with any such assignee having all the rights and remedies of Grantee hereunder. The Parties hereby covenant and agree, that in the event this Conservation Easement is transferred or assigned, the transferee or assignee of the Conservation Easement will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986 (the “Code”), as amended, or any successor section, and the regulations promulgated thereunder that is organized or operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the Code, a qualified holder as that term is defined in the Act or any successor statute, and a qualified grant recipient pursuant to N.C.G.S. Chapter 143B, Article 2, Part 41. The Parties further covenant and agree that the terms of the transfer or the assignment will be such that the transferee or assignee will be required to continue to carry out in perpetuity the purpose(s) of the Conservation Easement that the contribution was originally intended to advance as set forth herein, but acknowledge specifically that any transfer or assignment of the Conservation Easement shall have no effect on Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River Association’s obligation to provide stewardship of the Conservation Easement as set forth in this Article VI. D. Existing Responsibilities of Grantor and Grantee Not Affected. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligation of Grantor as owner of the Property. Among other things, this shall apply to: 1. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Property. If Grantee is ever required to pay any taxes or assessments on its interest in the Property, Grantor shall reimburse Grantee for the same. 2. Upkeep and Maintenance. Grantor shall continue to be solely responsible for the upkeep and maintenance of the Property to the extent it may be required by law. Grantee shall have no obligation for the upkeep or maintenance of the Property. 3. Liability and Indemnification. If Grantee is ever required by a court to pay damages resulting from personal injury or property damage that occurs on the Property, Grantor shall indemnify and reimburse Grantee for these payments, as well as reasonable attorneys’ fees and other expenses of Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 14 of 18 defending itself, unless Grantee has committed a deliberate act that is determined to be the sole cause of the injury or damage. E. Conservation Purpose. Grantor and Grantee, each for itself, and its respective successors and assigns, agree that this Conservation Easement shall be held exclusively for conservation purposes set forth by the Grant Contract, this Conservation Easement and as specified in Section 170(h)(4)(A) of the Code. Further, this Conservation Easement shall be construed to promote the purposes of the Act and such purposes of this Conservation Easement as are defined in Section 170(h)(4)(A) of the Code. F. Recording. Grantee shall record this instrument and any amendment hereto in the official records of Orange County, North Carolina, and may re-record it at any time as may be required to preserve Grantee's rights. G. Notices. Any notices shall be sent by registered or certified mail, return receipt requested, to the Parties at their addresses shown below, and each Party may update its information by a notice sent in accordance with this Paragraph: If to Grantee: If to Grantor: State of North Carolina Orange County NC Land and Water Fund PO Box 8181 1651 Mail Service Center Hillsborough, NC 27278 Raleigh, NC 27699-1651 Attn: Stewardship H. Amendments. Grantor and Grantee, or their successors in interest in the Property, are free to jointly amend this Conservation Easement, provided that no amendment will be allowed that is inconsistent with the purposes of this Conservation Easement or affects the perpetual duration of this Conservation Easement. Such amendments require the prior written approval of both Grantor and Grantee and shall be effective upon recording in the public records of Orange County, North Carolina. I. Environmental Condition of the Property. Grantor warrants, represents, and covenants to Grantee that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state, and local environmental laws and regulations, (b) as of the date hereof, there are no hazardous materials, substances, wastes, or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in, or under the Property or used in connection therewith, (c) there are no environmental conditions existing on the Property that may prohibit or impede use of the Property for the purposes set forth herein, and (d) Grantor will not allow such conditions. J. Indemnity. Grantor agrees to the fullest extent permitted by law, to protect, indemnify, and hold harmless Grantee from and against all claims, actions, liabilities, damages, Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 15 of 18 fines, penalties, costs, expenses, and attorneys’ fees suffered or incurred as a direct or indirect result of any violation of any federal, state, or local environmental or land use law or regulation or of the use or presence of any hazardous substance, hazardous waste, or other regulated material in, on, or under the Property. K. Entire Agreement. The Recitals set forth above and the exhibits, if any, attached hereto are incorporated herein by reference. This instrument, including the Grant Contract incorporated by reference herein, sets forth the entire agreement of the Parties with respect to the Project and supersedes all prior discussions, negotiations, understandings, and agreements relating to the Project. To the extent that this Conservation Easement is in conflict with the Grant Contract, the terms of this Conservation Easement shall control. L. Interpretation and Severance. This Conservation Easement shall be construed and interpreted under the laws of the State and the United States, and any ambiguities herein shall be resolved so as to give maximum effect to the conservation purposes sought to be protected herein. The normal rule of construction of ambiguities against the drafting party shall not apply in the interpretation of this Conservation Easement. Further, this Conservation Easement shall be construed to promote the purposes of the Act, which authorizes the creation of conservation agreements for purposes including those set forth herein, and such conservation purposes as are defined in Section 170(h)(4)(A) of the Code. If any provision of this Conservation Easement is found to be invalid, the remainder of the provisions of this Conservation Easement, and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby and shall remain in full force and effect. M. Parties. Every provision of this Conservation Easement that applies to Grantor or to Grantee or to Fund shall likewise apply to their respective executors, administrators, successors, and assigns. N. No Extinguishment through Merger. The Parties agree that the doctrine of extinguishment by merger shall not apply to this Conservation Easement because of the public interest in its enforcement. The Parties agree that this Conservation Easement and its terms shall survive any coming together of the ownership of the fee interest in the Property and the Conservation Easement interest, and that this Conservation Easement shall not be merged into the fee interest. Further, the Parties agree that if Grantee, or any successor in interest to Grantee, acquires title to any fee interest in the Property subject to this Conservation Easement, (i) said owner shall observe and be bound by the obligations and the restrictions imposed upon the Property by this Conservation Easement and (ii) this Conservation Easement shall not be extinguished through the doctrine of merger in any way in view of the public interest in its enforcement. O. Subsequent Liens. No provision of this Conservation Easement shall be construed as impairing the ability of Grantor to use the Property for collateral for borrowing purposes, provided that any mortgage or lien arising therefrom shall be subordinate to this Conservation Easement. Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 16 of 18 P. Gender. The designations Grantor, Grantee, State, and Fund, as used herein shall include the persons or entities indicated and their administrators, successors, and assigns, and shall include the singular, plural, masculine, feminine, or neuter as the context may require. Q. Headings. The headings of the various sections of this Conservation Easement have been inserted for convenience only and shall not modify, define, limit, or expand the express provisions of this Conservation Easement. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever. The covenants agreed to and the terms, conditions, restrictions, and purposes imposed as aforesaid shall be binding upon Grantor and Grantor’s representatives, successors and assigns, and shall continue as a servitude running in perpetuity with the Property. [See next page for signatures and notary acknowledgement] Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 17 of 18 IN WITNESS WHEREOF, Grantor, by authority duly given, has hereunto caused these presents to be executed under seal in such form as to be binding, the day and year first above written, and Grantee accepts this Conservation Easement by the recording hereof in the public records. GRANTOR: ORANGE COUNY, A LOCAL BODY POLITIC AND CORPORATE By: ______________________________________ (SEAL) Jean Hamilton Chair, Orange County Board of Commissioners ATTEST: By: ______________________________________ Laura Jensen Clerk to the Board of Commissioners [Affix Corporate Seal] STATE OF NORTH CAROLINA COUNTY OF _________________ I, the undersigned Notary Public of the aforesaid county, North Carolina, do hereby certify that Laura Jensen personally appeared before me this day and acknowledged that he/she is the Clerk to the Orange County Board of Commissioners, a local body politic, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Chair, Jean Hamilton, sealed with its corporate seal, and attested by himself/herself as its Clerk. Witness my hand and notarial seal this the ______ day of ______________________, 2025. Notary Public: _______________________________ Printed Name: ______________________________ My commission expires: _______________________ STAMP/SEAL Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E NCLWF Property CE Template – rev. Oct 2023 18 of 18 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPERTY OF ORANGE COUNTY CHEEKS TOWNSHIP ORANGE COUNTY, NORTH CAROLINA Being all of that conservation easement area labeled as “CONSERVATION EASEMENT AREA (Entirety of Lot A)” containing 19.404 acres, more or less, as shown on that plat entitled “Final Exempt Plat Boundary and Easement Survey Property of Albert T. Kittrell an d the Estate of Wilbert McAdoo, Jr. – Survey for the State of North Carolina Land and Water Fund and Orange County North Carolina” by Freehold Land Surveys, Inc., PLS, dated as of March 9, 2024 and last revised December 1, , 2025 and recorded in Book ____, Page _____, Orange County Registry. Together with those rights of access described on page(s) 4 of this Conservation Easement. Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Kennon Craver, Attorneys at Law Vendor Contact Person: Brian Ferrell Phone: 919-490-0500 Address: 4011 University Drive, Suite 300 City Durham State: NC Zip: 27707 Department: DEAPR Amount: $206,256.61 Purpose: Closing Settlement with full closing costs for purchase of property owned by Albert Kittrell and heirs of Wilbert McAdoo Jr. Budget Code(s): 61370035 850000 20011 Vendor # 51941 Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date December 8, 2025 End Date December 12, 2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: June 4, 2024); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: June 4, 2024) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E 12/9/2025 12/9/2025 12/9/2025 12/10/2025