20080511 Ver 3_Easement Boundary issue_BPDP_20140423

Merritt, Katie
From:Merritt, Katie
Sent:Wednesday, April 23, 2014 10:50 AM
To:'[e-mail]'
Cc:'David Knowles'
Subject:RE: Draft of Conservation Easement
Attachments:DOC042314-001.pdf
Jeff,
Please see the attached figure showing the GES proposed easement boundary for LaGrange Phase
II. I have drawn out in red the additional area you will need to include in your easement
boundary. I am still reviewing the BPDP, but figured I'd give you a heads up, that this will
need be added to the acreage covered under your easement. You will not get credit for this
additional area, unless it's included as part of the mitigation plan and is planted (must be
at least 50 feet from top of bank of the canal).
The entire length of the canal that runs South of your proposed Phase II Bank has to be
protected within the easement in order to guarantee that the hydrologic connection of that
canal to the Intermittent stream (UT to MHB) remains contiguous. This canal is your only
source to carry nutrients from the ditch you are mitigating on the eastern side of your Phase
II bank to the UT. Therefore, since it's the only connection from your mitigation ditch to
the intermittent stream (UT to MHB), it has be protected under the easement.

Please call me if you have any questions.

Thanks,
Katie

-----Original Message-----
From: Jeff Becker \[mailto:[e-mail]\]
Sent: Wednesday, April 23, 2014 9:51 AM
To: Merritt, Katie
Subject: RE: Draft of Conservation Easement

Thanks.. No big deal.. I know your plate is full as you prepare for the little one and your
maternity leave
--------------------------------------------
On Wed, 4/23/14, Merritt, Katie <[e-mail]> wrote:

Subject: RE: Draft of Conservation Easement
To: "Jeff Becker" <[e-mail]>
Date: Wednesday, April 23, 2014, 9:36 AM

Jeff,
I just received a
packet this morning in the mail from David. That packet included the Revised BPDP. I
should be able to review it today. I’ll get back to
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you.

Thanks,
Katie

From: Jeff Becker
\[mailto:[e-mail]\]

Sent: Tuesday, April 22, 2014 2:24 PM

To: Merritt, Katie

Subject: Re: Draft of Conservation
Easement

Katie..when do you anticipate approval
of the BPDP ? We can wait to record .. That is the best option.. THANKS

From: "Merritt,
Katie" <[e-mail]>

To: "[e-mail]"
<[e-mail]>

Cc: 'Jeff Becker'
<[e-mail]>

Sent: Tuesday, April 22, 2014 12:00 PM

Subject: RE: Draft of Conservation
Easement

Hey Kelly,

Thank you for
incorporating some of my changes. However, it appears that all of the changes/edits I
submitted for Article III and below have not been incorporated into
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the document you sent via email below. These changes need to be made prior to recordation
of the easement, see attached document with DWR edits. Additionally, per your questions
for Article II and VII (L), there are two options for GES to consider:

·
one
option is to wait for DWR approval and document the date of approval prior to executing and
recording the easement

·
second
option is to execute and record the easement as shown below in Yellow, then edit the
recorded easement after approval to include the dates. If the easement can’t be edited
afterwards to include the dates,
then DWR would request that GES pursue the first option.

…and the “La
Grange Phase II Expansion Bank Parcel Development Package (approved by the Division of
Water Resources on
_____)

Let me know if you
have any other questions. At this time, the current version of the GES easement sent to me
is not accepted by DWR to be executed and recorded.

Thank You,

Katie

From: Kelly D. Forghani
\[mailto:[e-mail]\]

Sent: Tuesday, April 22, 2014 11:25 AM

To: Merritt, Katie

Cc: 'Jeff Becker'

Subject: Draft of Conservation Easement

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Katie,

Please see the
attached revised easement. If you will recall, you had a few changes that you emailed to
Mr. Becker on April 14. I have made those changes but you also
had comments about approval in section. I have attached your version, then a revised
final version that accepted all of your changes. We are ready to have this executed and
record, but I was wondering how to handle your comments that were in section III
and section VII (L).

Kelly D. Forghani,
Esq.

STEPHEN L. BEAMAN,
PLLC

304 Nash Street
NE

Wilson, NC
27894

Phone: (252)
237-9020

Fax: (252)
243-5174

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