20100099 Ver 3_Conservation Easement Assignment_20180615

Doc ID: 0117920
! Recorded: 06/12
Fee Amt: $26.00
WAYNE COUNTY,.N
JUDY HARRISON,R
sK3377 PGI
5:20 AM '
Indexed
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 day . of
G�c e��ei 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. sec ; 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. sec
and Internal Revenue Code § 170(h); and
WHEREAS, the Assignor acquired a permanent conservation easement by Deed
of Easement recorded in Book 2923, Page(s) 198-205-B, Wayne County Registry, on
April 19, 2012 (hereinafter referred to as the "Conservation Easement") on certain lands.
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owned by PANCHO MITIGATION COMPANY, LLC, in Graham Township, 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 00/100 ($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. s� 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]
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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:
Name:
Title:�T�'C�
STATE OF NORTH CAROLINA
COUNTY OF G
.I certify that the following person personally appeared before me this day,
acknowledging to me that he signed the foregoing document as the duly authorized
signatory for RESTORATION SYSTEMS, LLC:
T
WITNESS my hand and official seal, this day of mb , 2017.
(Official `.� ty M l #%f,**
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otary's Official Signature
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Notary's Printed or Typed Nai e
My Commission Expires:_ 11—K-21
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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 EQjJNDATION, INC.
By:
Name: rtO�o�s
Title: ���� •ti.a,. �Gw�1�
STATE OF NORTH CAROLINA
COUNTY OF l.la is 2
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.: Cl���r►rar�
WITNESS my hand and official seal, this l Z day of Pece*^4-e r, 2017.
5,o4tary'sfficial Signature
(Official Seal)
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OVNCA/y/����,'� Notary's Printed or Typed Name
slop y'9; f
�� " .jgAw My Commission Expires:
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EXHIBIT A
Being all of the (i) "Compensatory Mitigation Areas" containing 55.14 acres and being
comprised of compensatory mitigation areas 1-7, and (ii) the "Nutrient Offset Areas"
containing 10.48 acres and being comprised of nutrient offset areas 1-8, as shown on that
certain plat of Survey entitled: "Composite Map/Nutrient Offset & Compensatory
Mitigation Areas Map of the Pancho Mitigation Bank for Pancho Mitigation Company,
LLC" dated 04/18/2012, prepared by K2 Design Group, P.A. and recorded in Plat
Cabinet N, Slide 76 F 1, Wayne County Registry.
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