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HomeMy WebLinkAboutWQ0037287_Additional Information Response - Part 2_20210624BK 4712 PG 882 - 886 (5) DOC# 20063703 This Document eRecorded: 05/21/2020 08:26:14 AM Fee: $26.00 DocType: MEMO Tax: $0.00 Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds STATE OF NORTH CAROLINA COUNTY OF PENDER MEMORANDUM OF AGREEMENT AND EASEMENT THIS MEMORANDUM OF AGREEMENT AND EASEMENT (this "Memorandum') is of that certain New Agreement for Maintenance and Provision of Information Relating to Surplus Groundwater Impoundment, by and between PLURIS HAMPSTEAD, LLC, a North Carolina limited liability company ("Pluris'), and BLAKE FARM POND, LLC, a North Carolina limited liability company ("BFP"), dated August 28, 2017 (as amended or modified, the "A jpmenf, and which Agreement replaced an earlier agreement between the parties dated June 9, 2014). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties entered into the Agreement in relation to a certain surplus groundwater unpouadment to be located on the real property further described on Exhibit A attached hereto (as the same may be expanded or contracted from time to time, the "Impoundment Properi "). The provisions set forth in the Agreement, together with all exhibits attached thereto and any amendments entered into by the parties subsequent to this Memorandum, are hereby incorporated into this Memorandum by reference. The Agreement shall continue until BFP and Pluris have agreed to terminate it in writing, or as otherwise set forth in the Agreement. This Memorandum is not a complete summary of the Agreement, but the parties also acknowledge and agree that, pursuant to the terms of the Agreement, Pluris shall have a permanent, assignable, non-exclusive easement on, over and across the Impoundment Property for the purpose of completing the Maintenance Obligations (as defined in the Agreement), and providing adequate rights of access and working space on the Impoundment Property for such purpose and its other obligations pursuant to the Agreement or as may be required by appropriate regulatory agencies. BFP does hereby grant such a non-exclusive, permanent, assignable easement to Pluris over, across, under, upon and through the Impoundment Property for the purpose of completing the Maintenance Obligations (as defined in the Agreement), and providing adequate rights of access and working space, together with rights of ingress, egress and regress to the Impoundment Property for such purpose, and its other obligations pursuant to the Agreement, or as may be required by appropriate regulatory agencies, and acknowledges that such easement shall run with title to the Impoundment Property submitted electronically by "Murchison, Taylor & Gibson, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Pender County Register of Deeds. 273197 BK 4712 PG 883 DOC# 20063703 until the Agreement has been terminated as set forth above. Pluris shall deliver to BFP a written recordable release of this Memorandum within thirty (30) days after the termination of the Agreement. 273197 [Execution and acknowledgment pages follow] 2 BK 4712 PG 884 DOC# 20063703 IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed to be effective as of the date of the Agreement as set forth above. PT U111Tc• PL By Na Title: Managing Member STATE OF TEXAS COUNTY OF7. C1LtikQS (County where acknowledgment taken) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated above: Maurice Gallarda. Date: _ + oOfficial Signature of Notary: s n e appe n seal] Printed Name of Notary: 1 [As name appears on seal My commission expires: _ QL1 - I H - OC30'-} [OFFICIAL SEAL] "' MICHELLE KING ANY P �'i�. Notary Public, State of Texas 4`y6 Comm. Expires 04-14-2024 0;,;���� Notary ID 129689327 273197 3 BK 4712 PG 885 DOC# 20063703 BFP: BLAKE FARM POND, LLC By: [SEAL] Name: -�1- Title: Manager STATE OF NORTH CAROLINA COUNTY OF �I C W haido yt (County where acknowledgment taken) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily si ed the foregoing document for the purposes stated therein and in the capacity(ies) indicated above: f"Y d ' jj%&Le. ZT- [NOTE: Insert the name of the party executing document, not thek title]. Date: Z d Zn Official Signature of Notary: jAs name�P�s a�seal Printed Name of Notary: GIC l :ca G . V -1 oe t r As n appears on seal] My commission expires: 16 Zy [OFFICIAL SEAL] ••.•A"gSA E W��ti, 04 z g NOTARY iAs A(IBLIG 2 y,���,, OAR •CO .••`•�. 273197 4 BK 4712 PG 886 DOC# 20063703 EXHIBIT A To Memorandum Description of Impoundment Property BEING ALL OF Tract "C" 10.14 acres +/- as shown on the map entitled "Pender 1164, LLC Division, Tract "A" and Tract "B" and Tract "C", Topsail Township, Pender County, North Carolina" recorded in Map Book 56, Page 87, Pender County Registry. 273197 5