HomeMy WebLinkAboutWQ0037287_More Information (Received)_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.
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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.
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[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.
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