The URL can be used to link to this page

Home My WebLink AboutSW6200303_Mila Heirs Access Easement Memo-executed but not recorded_20200605RECORDING REQUESTED BY: Fresh Air Energy XXXV III, LLC PREPARED BY AND WHEN RECORDED RETURN TO: Jeff Dunham Tuggle Huggins, P.A. 100 N. Greene St., Suite 600 Greensboro, NC 27401 Attention: Jeff Dunham NORTH CAROLINA CUMBERLAND COUNTY PIN: 0479-53-7215 and 0479-45-2358 MEMORANDUM OF EASEMENT This Memorandum of Easement ("Memorandum') is entered into on March 14, 2020, by and between Edward L. White and Carol White; Betty J. White, Ernest Carter, Felicia White, Gladys White, Hattie White, Lonnie C. White Jr. and TaKisha White; James M. White, Jeremy W. White and Christen White; Joel White, Frederick C. White and Era White; John E. White, Kevin Gardner, Michael A. McNeill, Nicole W. Evans, Victor J. White, Tammy Equan, Valencia McLaurin ("Grantors'), and Fresh Air Energy XXXVIII, LLC, a North Carolina limited liability company, {"Grantee'}, collectively hereinafter referred to as the Parties (the "Parties"). 1309854v1 1. Grantors are among the fee owners of certain real property located in Cumberland County, North Carolina, which is more particularly described in EXHIBIT A, attached hereto and incorporated herein (the "Property'). 2. Grantors, all other fee owners and Grantee entered into that certain Access Easement Agreement on March S, 2019 (the "Easement Agreement'). Pursuant to the Easement Agreement, Grantors have granted to Grantee a non-exclusive easement for egress, ingress, and regress for vehicular and pedestrian traffic on, over, and across the Property (the "Access Easement'}, The location of the Access Easement is more particularly described in EXHIBIT B, attached hereto and incorporated herein. The Easement Agreement is hereby incorporated herein as if fully set forth in this Memorandum. Grantors and Grantee have executed and acknowledged this Memorandum for the purpose of providing constructive notice of the Easement Agreement. Capitalized terms not otherwise defined in this Memorandum shall have the meanings provided in the Easement Agreement. 3. Grantors grant the Access Easement to Grantee on the terms, covenants, and conditions stated in the Easement Agreement. The Grantee shall have the exclusive right to use the Access Easement, together with certain other rights related to the Access Easement as more fully granted and described in the Easement Agreement. Reference is hereby made to the Easement Agreement for a complete description of the respective rights and obligations of the Parties regarding the Access Easement and the covenants, conditions, restrictions, and easements affecting the Access Easement pursuant to the Easement Agreement. 4. The term of the Easement Agreement shall be in perpetuity commencing on the Effective Date of the Easement Agreement. 5. Grantee shall have a right of first refusal, should Grantors decide to sell or transfer any, all, or a portion of the Property. Grantee's right of first refusal shall not apply to any transfers of the Property made for bona fide estate planning purposes or in connection with any distributions from any trust. 6. In the event of any conflict or inconsistency between the provisions of this Memorandum and the provisions of the Easement Agreement, the provisions of the Easement Agreement shall control. This Memorandum, the Easement Agreement, and any rights granted to Grantee therein shall burden the Property and shall run with the land. The Easement Agreement and this Memorandum shall inure to the benefit of and be binding upon Grantors and Grantee and, to the extent provided in any permitted assignment or other transfer under the Easement Agreement, any assignee and such assignee's respective heirs, transferees, successors, designees, assigns, and all persons claiming under them. 7. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions, or provisions of the 13098540 Easement Agreement, all of which are hereby ratified and affirmed. 8. This Memorandum may be executed by different parties on separate counterparts, each of which, when so executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. REMAINDER OF PAGE LEFT BLANK FOR FORMATTING 13098540 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTEE FRESH AIR ENERGY XXXVIII, LLC a North Carolina limited liability company an i --- �' �-- - Erik Stuebe, Authorized Signatory GRANTEE ACKNO W LEDG MENT (SEAL) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Francisco) On 4 p r 1 Y, 2020, before me, X00- fzf /i LWa4c,� a Notary Public, personally appeared Erik 8tuebe who proved to me on the bass of satisfactory evidence to he the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and MARY K. UULALIA correct. COMM. #2211247 z Notary Public California a WITNESS m hand and official seal. Z San Francisco County y Comm. Expires Sep. 20, 2021 Signature (Official Seal) 13098540 IN WPM WHEREOF, the PArfies have execs this Memomndum of Easement asoff date first eve wriffm GRANTOR Felicia White By; (SEAL) Felicia Wit: GRANTOR ACKNOWLEDGMENT STATE OF -le' Gi S COUP O :1�? qa 1�j f — r �Y U rl o t Q , a Now Poblic for Cow of '-�J ICY a kl t do e� certify that el �� penonally appeared before a -Wis day mid acknowledged the due execution of the foregoing document for poses thin stated, Wigs my d and official this the �� ( .2b. EI-:: ADDITRUJILLO Notary ID # 129269290 ires September 5, 2022 r Notary's printed j r i (� v SEAL My Commission Expis. , 1309&TAVI IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR Kevin Gardner GRANTOR ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF (+aim be,r t c#nd j,20_, a Notary Public for County of Uk m b,c 1a.,d do hereby cedity that ]ZevUl Gardner personally appeared before me this day and acknowledged the due execution of the foregoing document for the purposes therein stated. Witness my hand and official seal, this the PN�_ day of f a e_jrj,2020. OL N ary Public Notary's Printed Name � o ra 1 a V � (� i q �� SEAL � My Commission Expires: -------- 1 52a_-_a_ 3--------------------------- 13098540 IN WITNESS W"FREOF, (he Partiv-s hwvc, oxvUtlwd this 'Mmorandwil of Las,wllenttics of tile date first above written, G.RANTOR KrIswri wbite BY (SEAL) KT,",-wn White STATE OFNORTFI CAROLINA (,-.OUNT-t'()F WmbtC) an MY&JOr)� dc, hereby a Notar,,,, PLibh,�� tor County (A' Certify that Kristen White per-,onally appeared before me this day and acknowledged the I 11.> due execution of` the foregoing document for the purposes therein stated, Witness my hand and Official seal this the J')-t'Yd1ayof-M_ayfb__,2020, l��____Qa__ ,,,,,,,,,,,,, Notary Public ON 0 Notary's Pritited `Jayne Nty Corami-s-,ilm Expire-,' ------- - - - - ------------- I ------ *7 N V\0 HUMNAW # r �, t�:# to a I l 1. � IFEREO , the Peres have exec d. this Memorandum of moment as 011 the By. {SEAL) 1 i1'�c11YiL�4 SY�i-5�i+iiinl-Sdi Sit G AINTO-1-AP.LCKNOWLEDGMENT STATE E OFT W� COLS OF S Z No P � I- /y,� eta ' Pubt.z for County ' of U ryl ) e � do erelov certify that alencia crir� pesonaii appeared before me this day and acknowledged the due execution of the foregoing document for the purposes therein stated. Witness my hand and official seal', this the day 2020. Xotary Puhf is Notary's Printed Name K(Yhf Y 0 /J� �Pr SEAL Mys Commission fission Expires-0 /2, j l j li J STATE.'' TENNESSEE ' FR co �� IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR Felicia White By: vf° I� (SEAL) �c Felicia White GRANTOR ACKNOWLEDGMENT STATE OF N $A COUNTY OF 7�t L r f, T1�( 14 , a Notary Public for County of do hereby certify that Felicia White personally appeared before me this day and acknowledged the due execution of the foregoing document for the purposes therein stated. Witness my hand and official seal, 2020. F - Notary Public % i r ( f Notary's Printed Name �'c" L 8Gt a�j �W� "`�' SEAL My Commission Expires: ------------------------------------------------------------ :?PpX°°a�; RAFAEL LEONIDAS TRUJILLO * My Notary ID # 131709800 Expires September 5, 2022 13098540 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR TaKisha White 0 By: �� -4. (SEAL) T,@,Kifha White GRANTOR ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF C�,, nM h Q-(�cl. j I, t°ozocu-, A c Recl earn , a Notary Public for County of t .A rrnV�,y t I o,x\ca ) hereby certify that TaKisha White personally appeared before me this day and acknowledged the due execution of the foregoing document for the purposes therein stated. Witness my hand and official seal, this the 1 a.v day of tAtx(-ck ,2020. W k:naw k)" Rg UDer ( ) Notary Public Notary's Printed Name ,`�,,�, • Sl ��''o My Commission Expires: --------1-- �- -- -------�='�--------- ---- ' U= G ' ;lL PUB\.- 1309854v1 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR Lonnie C. White Jr. By. (SEAL) Lonnie. White, Jr. GRANTOR ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF I, 1,'Ju �c�.,t R . . a Notary Public for County of CA l do hereby certify that Lonnie C. WhIte, Jr. personally appeared before me this day and acknowledged the due execution of the foregoing document for the purposes therein stated. Witness my hand and official seal, this the L day of MU+ cY ,2020. Notary Publi Notary's Printed Name SEAL My Commission Expires: ------ -- - 3 Sv f_ �4�---------------- O. RE 44, ' �01AR� AND C�J` ... 1309854v1 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR Gladys White By: X Gladys ite GRANTOR ACKNOWLEDGMENT ST lF NORTH CAROLINAr C( r OF��'ir �Ciy(Ci I, e5te j (c LL-J. a Notary Public for County of Cf)671 bQz r do hereby certify that Gladys White personally appeared before me this day and acknowledged the due execution of the foregoing document for the purposes therein stated. Witness my hand and official seal, this the day ofG�r Gh ,2020. Notary Public Notary's Printed Name �eNota son I ' " �I-rz�s� Cumberland County North Carolina My Commission Expires: 0/ WOC)as- My Commission res 2/1312026 13098540 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR Jeremy W. White GRANTOR ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF C-[,I i livid" I, e*' a W!• ki C&&,,na a Notary Public for County of Ccv�YiA�- Iamj do hereby certify that Jeremy W. White personally appeared before me this day and acknowledged the due execution of the forego' g document for the purposes therein stated. Witness my hand and official seal, this the day of &2 rrh 2020. P, �L - &A"� Notary Public ' stella M�.yRichardson Notary's Printed Name 65fef (cz t' -f - C.Aa Y J sb rA C" Public County o `arolina h- Commission E ires 2/1 2025 My Commission Expires: �� (j�� ------------------------------------------------------------ 13098540 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. I" tylzh [17-fl Era White LN GRANTOR ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF 1 a a- I,rl � I (A N . A a Notary Public for County o do hereby certify that Era White personally appeared before me this day and acknowledged the due execution of the foregoing document for the purposes therein stated. Witness my hand and official seal, this the day of 2020. Notary Public ste la M. Ri ardson Notary's Printed Name � ` 41 - � -� t .� � m� lic County s ��4 u County CuN� Carolina My Commission Expires: My Commission E res 2/142o25 ---------------------------------- —Z 13098540 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR Edward L. White an GRANTOR ACKNOWLEDGMENT STATE OF NORTH CAROLINA/ COUNTY OF 1 UYh b424- /�W. 1 I, (6 U. kdw0&;,a Notary Public for County of (,,L& b" /a�*j_do hereby certify that Edward L. White personally appeared before me this day and acknowledged the due execution of the foregoing document fo the purposes therein stated. Witness my hand and official seal, this theg day of Q 2020. 1 Notary Public / Notary's Printed Name &5�((Q nA . I Gh 0 C'c� SG�( St No ry on Cumberland County M Commission Expires: Nor -_ y ___________________ p m Carolina j� � a � My Commission Expires 2/13,j2025 T" 13098540 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR Victor J. White go GRANTOR ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF bef-lartl I, F� 'a � N` R�jw ,6 a Notary Public for County of (fUM b ej - do hereby certify that Victor J. White personally appeared 1 -fore me this day and acknowledged the due execution of the foregoing document for the )urposes therein stated. Witness my hand and official seal, this the day of Z(i1�j ,2 120. Fl Notary Public Notary's Printed Name t�f Ej l-q IV • � r da d- S 6 0 9Zozktfz sej! a uo�ssiwwo0 dyy euIto 0 WON My Commission Expires: ' 3l � -- Al nOO PtNNegwn0 ----------------------------------------------1------------ �s oil4ndloN enets 13098540 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR Hattie White By: G�% 7iet Hattie White GRANTOR ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF Ll*n 6-/C,,n,( I, C�i1 a 1 `t - ACka 64p Notary Public for County of 6!//r/C��C�-id do hereby certify that Hattie White personally appeared before me this day and acknowledged the due execution of the foregoing doc ent fo the purposes therein stated. Witness my hand and official seal, this the day of 2020. Notary Public Notary's Printed Name s �t �' chat^ sue'► ste19 , iubl n Cum Tq_an�in d County / North aMyCommission fires 1 2025 My Commission Expires: ( aC 2/ ---------------------------------------- I IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR Fr( iA GRANTOR ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF L(,vyibWGtiyy� Notary Public for County of (a#,nj2&YQ,,Ud do hereby certify that Frederick C. White personally appeared before me this day and acknowledged the due execution of the foreg7(dayc(X�a.t-ch *docume t for the purposes therein stated. Witness my hand and official seal, this the forego* 2020. Notary Public /� stella M. I ardson Notary's Printed Name 5{�G lQ /vt - t4 (Cfi1l rdcS(1'l CJ=d County North Carolina My Commission Expires:// �� My commission res 2/13/2025 l ---------------------------------------------------------- 13098540 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR Carol White GRANTOR ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF I, &A�� A kc'L, a Notary Public for County of 6[)m �, � _do hereby certify that Carol White personally appeared before me this day and acknowledged the due execution of the foreTg document for the purposes therein stated. Witness my hand and official seal, this the day of j r-1 A 2020. Notary Public Notary's Printed Name �5 1 la YV�` � EMV -.steiia mi. dson Nota Cumberland County My Commission Expires: J j North Carolina .( /�2 � mmission E fires 2/13/2025-------------------------------- 13098540 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Easement as of the date first above written. GRANTOR John E. White °•ste latarson Notary Public cumbad North CarolI anry My Commission res 2/1WA25 By: (SEAL) E. Vte GRANTOR ACKNOWLEDGMENT STATE OF NORTH CAROLINA COUNTY OF ( �° a Notary Public for County of do hereby certify that John White personally appeared before me this day and acknowledged the due execution of the foregoing document for the purposes therein stated. Witness my hand and official seal, this the day of .rj ,2020. Notary Public Notary's Printed Name F lq (6( r%djqo4Sb1r7 My Commission Expires: 2,11-3/`� 13098540 1 tella . . Cum North