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HomeMy WebLinkAbout20100099 Ver 4_Mitigation Conservation Easement_20180103IIIIIIIIIIIIII� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Illlllilllll�llllllllllll'llll Doe ID: 011707230005 Type: CRP Recorded: 12/18/2017 at 01:50:07 PM Fee Amt: $26.00 Page 1 of 5 WAYNE COUNTY, NC JUDY HARRISON REGISTER OF DEEDS BK3343PG668-672 HOOK3343 PASE668 Indexed RECORDED AND VERIFIED JUDY HARRISON REGISTER OF DEEDS After recording return to: Worth Creech Restoration Systems, LLC 1101 Haynes St., Suite 211 Raleigh, NC 27604 STATE OF NORTH CAROLINA ASSIGNMENT OF PERMANENT COUNTY OF WAYNE CONSERVATION EASEMENT THIS ASSIGNMENT OF PERMANENT CONSERVATION EASEMENT (hereinafter referred to as "Assignment") made this i? day of 2017 by and between RESTORATION SYSTEMS, LLC, a North Carolina limited liability company (hereinafter referred to as "Assignor"), and NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC., a North Carolina not for profit corporation (hereinafter referred to as "Assignee"). The designation Assignor and Assignee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, the Assignor is a limited liability company with a purpose to conserve property and water resources that is also qualified to be the holder of a conservation easement pursuant to N.C. Gen. Stat. § 121-34 et. 5e�c ..; and WHEREAS, the Assignee is a nonprofit corporation, operated primarily for conservation purposes, including protection of environmentally valuable and sensitive land for charitable, scientific, educational, and aesthetic purposes and which is qualified to be the grantee of a conservation easement pursuant to N.C. Gen. Stat. §121-34 et. s and Internal Revenue Code §I70(h); and WHEREAS, the Assignor acquired a permanent conservation easement by Deed of Easement recorded in Book 3153, Page(s) 191-200, Wayne County Registry, on May 1, 2015 (hereinafter referred to as the "Conservation Easement") on certain lands owned 41 BOOM PAGE669 by Danny Howell and wife, Peggy A. Howell, in Wayne County, North Carolina, and being more particularly described in Exhibit A attached hereto; and WHEREAS, the Conservation Easement provides in Article VI(C) that it may be assigned to a qualified holder provided that the assignee be required to monitor in perpetuity the terms of such Conservation Easement; WHEREAS, the Assignor wishes to assign and transfer to the Assignee all of its rights, duties, obligations, and interests in the Conservation Easement and the Assignee wishes to accept such assignment and all of the rights, duties, obligations, and interests set forth in such Conservation Easement; and WHEREAS, the environmental restoration activities on the property site contemplated by the parties to the original conveyance of Conservation Easement have been completed. NOW, THEREFORE, for and in consideration of the sum of One Hundred Dollars and 001100 ($100.00) and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Assignor hereby unconditionally and irrevocably assigns, transfers, and conveys unto Assignee, its heirs, successors and assigns, forever and in perpetuity the Conservation Easement, together with the right to preserve and protect the conservation values thereof, and the Assignee hereby accepts this Assignment of Conservation Easement, represents and warrants that it is a qualified holder of the Conservation Easement pursuant to N.C. Gen. Stat. § 121-34 et. seq. and Internal Revenue Code § 170(h) and covenants and agrees to continue in perpetuity the conservation purposes set forth in such Conservation Easement and otherwise be bound by the terms thereof. TO HAVE AND TO HOLD the said rights and easements perpetually unto Assignee for the aforesaid purposes. [signature pages to follow] BOOK 3 3 4 3 PAGE 6 7 0 IN TESTIMONY WHEREOF, Assignor has caused this Assignment of Conservation Easement to be signed, as of the date and year first above written. ASSIGNOR: RESTORATION SYSTEMS, LLC By: r Name: Title: STATE OF NORTH CAROLINA COUNTY OF I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document as the duly au horized signatory for RESTORATION SYSTEMS, LLC: a fi wtr .. CEO WITNESS my hand and official seal, this JZ day of b ,,.,i4v,,2017. otary's Official Signature (Official Seal 01111 CAM O 9 Notary's Printed or Typed Name OT r c My Commission Expires: !� -%Borz, 15 20% �V`4 ot 3 BOOK 3 3 4 3 PAGE 6 7 I IN TESTIMONY WHEREOF, Assignee has caused this Assignment of Conservation Easement to be signed, as of the date and year first above written. ASSIGNEE: NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC. By: Name: C-, tc r �r-,,,,; -• Title: Cjl G -.10'-A NGw N� STATE OF NORTH CAROLINA COUNTY OF LJuke I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document as the duly authorized signatory for NORTH CAROLINA WILDLIFE HABITAT FOUNDATION, INC.: WITNESS my hand and official seal, this _ 1Z day ofxG..6ei, 2017. (Official Seal) bN30CAN�y �. 100TA�?%' �w A(J�t�G V •.� y,� r1. r5-2��, � ��� Notary's Official Signature Notary's Printed or Typed Name My Commission Expires: 4 000 3 3 4 3 PAGE 6 7 2 EXHIBIT A Being all of Section A containing 23.07 acres and all of Section B containing 7.39 acres as shown on that plat entitled: "Conservation Easement Survey for Restoration Systems, LLC of the "Half -Mile Branch Bank Parcel (On a Portion of the Howell Property)" dated 412212015, prepared by K2 Design Group, P.A. and recorded in Plat Cabinet 0, Slide 241, Wayne County Registry. Together with and including a permanent, non-exclusive, perpetual easement for the purposes of pedestrian and vehicular ingress, egress, and regress between Tract A and Tract B over and across that certain fifteen (15') foot -wide strip shown as "Access Easement" and containing approximately 0.01 acres as shown on the above -referenced plat.