HomeMy WebLinkAbout20131093 Ver 1_Agent Authorization Letter_20131028Burdette, Jennifer a
From: Christopher Hopper [CHopper @kleinfelder.com]
Sent: Monday, October 28, 2013 11:19 AM
To: Thomas. 1.brown @usace. army. mi1; Burdette, Jennifer a
Subject: Property leases
Attachments: 0500265 - Keeter Surface RECORDED MOL.pdf; 0500268 - Keeter Surface RECORDED
MOL.pdf; 0500598 - Wells Ruby Surface RECORDED MOL #2.pdf; 0501107 - Wilson
Surface RECORDED MOL.pdf; 0501588 - Strickland -Floyd ROE.pdf; 0530130 - Odom
Surface RECORDED MOL.pdf; 0530148 - Tinney Surface RECORDED MOL.pdf
Thomas
Here are the Memorandum of Lease documents for the seven properties we'll be looking at this week. Please review
and let me know if these aren't sufficient to document Iluka's authority to authorize your access.
Thanks!
Chris
Christopher Hopper, CFM
Environmental Scientist
3500 Gateway Centre Blvd., Ste 200
Morrisville, NC 27560
o 919 - 755 -5011 x103
c 919 - 524 -8370
f1919- 755 -1414
900A 2 4 17 Pd6E 0 9
11111111111111111l1i1111i11111111111! lull1111111111111111111111111111111111I11f
Doc ID: 003628800004 Type: CRP
Recorded: 07/26/2013 at 01:41:22 PM
Receipt#: 2013-00000698
Fee Amt: $26.00 Page 1 of 4
Revenue Tax: $0.00
Instr# 201300000945
Halifax, NC
Judy Evans -Barbee Register of Deeds
BK2417 PG97-100
&VA -46
STATE OF NORTH CAROLINA
HALIFAX COUNTY
Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids,
NC 27870
MEMORANDUM OF OPTION FOR SURFACE LEASE
Parcel Identification Number 0500265
This Memorandum of Option for Surface Lease (this "Memorandum") is entered into and
made effective as of July 2013 (the "Effective Date"), by and among: Iluka Resources (NC)
LLC, a North Carolina limited liability company ("Iluka); and Ronald Luke Keeter, Sr. and wife,
Mary L. Keeter, as tenants by the entirety ("Owner").
For and in consideration of, and subject to, the terms, provisions, covenants, and
conditions set forth in that certain Option for Surface Lease (the "Agreement") made and
entered into as of the date first above written by and between the parties hereto, which
Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if
fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain
lands located in Halifax County, State of North Carolina, more particularly described on Exhibit
A attached hereto and made a part hereof (the "Property"), together with all rights, privileges,
and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka
may deem necessary or convenient in the conduct of its operations. The Option for Surface
Lease shall terminate for any part of the Property for which the lease rights have not been
exercised on the seventh anniversary date of the Effective Date shown above.
This Memorandum may be executed in any number of counterparts, each of which shall
be deemed to be an original, but all of which shall be deemed to be one agreement. The parties
authorize each other to detach and combine original signature pages and consolidate them into
a single identical original.
DocNc. 00965-1-1132
BOOK 2 4 17 f ABE 0 9 8 Parcel Identification Number 0500265
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Option
for Surface Lease to be executed as of Effective Date.
ILUKA RESOURCES (NC) LLC
By: ILUKA (USA) INVESTMENTS, INC.,
M na ✓ �L��/�
By:
N me: Matthew B. Blackwell
Title: President and Manager
COMMONWEALTH OF VIRGINIA
COUNTY OF SUSSEX
I certify that the following person(s) personally appeared before me this day, and
dI have personal knowledge of the identity of the principal(s)
El I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
El A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Print Names of person(s) signing document here
Matthew B. Blackwell
Date: Jo , July 2013
Notary Publi�����**.�,,�
s,
Printed Name: Linda Stye Nyborg<
My Commission Expires: 31 March 26
tV 4 r`7� tq �A •: l L.
,. Q3
Una
NOfMYPh161iC
CpIMli1 W I No, Us"
W oomMMMon 3*1/1016
DocNo. 00965-L-1132
BOOK 2 417 PAGE 0 9 9 Parcel Identification Number 0500265
Owner
Name: Ronald Luke Keeter, Sr.
By: --
Name: Mary L. Keeter
STATE OF NORTH CAROLINA
COUNTY OF HALIFAX
I certify that the following person(s) personally appeared before me this day, and
[f I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Print Names of person(s) signing document here
Ronald Luke Keeter, Sr.
Mary L. Keeter
Date: � S July 2013
Notary Publish
iaorr�l�,r
Printed Name: Linda a SSUe Nyborg
♦ w, • .y ••
ri
My Commission Expires: 26 Ma)F �,•; z''
•r ' u 4V n
J
^+ e
Nd6X CW* ROM C-
•+• io+"U • Q o
. 201015
gy a°�+ltreiae®°®�
DocNo. 00965-L-1132
61MA 2 4 17 PARE 10 0 Parcel Identification Number 0500265
EXHIBIT A
TO
MEMORANDUM OF OPTION FOR SURFACE LEASE
Parcel Identification Number 0500265
That certain tract or c land lying and Wrig situate in Fauceus Township, Halifax County,
North Carolina ndcularly described as follows Being Lot 43 in the Division of the
said W. M- Cul tract, egirming Division 92 cotesin W. C.C. Dickens Jim, thence with #2 S.
5-15 E. 1965 feet t 0 c, # 1, #2, and 43 corner, thence wi th 4 1 S 50 E 975 feet to a stake, 4 1
com6 in G C Hux Ione, thence with G. C. Hux line N 73-10 F. 499 feel to a mulberry, thence
conlinuing with G. C flux [one N, 29-15 W. 748 Feet to a staone, G. C. Hux and W C, Dickens
comer; thence with W C Dickens line about K, 30 45 W 2080 feet to the beginning, coma niq
31. t 5 acres. more or le-,,.
ILUKA RESOURCES (NC) LLC Owners
By: ILUKA (USA) INVESTMENTS, INC., Name: R11ald Luke Keeter, Sr. Mary L. Keeter
Manage.
Initial:
DocNo, 00965-L-1132
BOOK 2 41 7 pAof 101
IIIIIIIIIiIIIIIIIIIIAIIlIIVIIIVIII!lIIIVIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIIII
Doc ID: 003628810004 Type: CRP
Recorded: 07/26/2013 at 01:42:55 PM
Receipt#: 2013-00000698
Fee Amt: $26.00Page 1 of 4
Revenue Tax: $0.00
Instr# 201300000946
Halifax, NC
Judy Evans -Barbee Register of Deeds
81<2417 Pa1o1-104
STATE OF NORTH CAROLINA
HALIFAX COUNTY
Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids,
NC 27870
MEMORANDUM OF OPTION FOR SURFACE LEASE
Parcel Identification Number 0500268
This Memoran um of Option for Surface Lease (this "Memorandum") is entered into and
made effective as of a2,. July 2013 (the "Effective Date"), by and among: Iluka Resources (NC)
LLC, a North Carolina limited liability company (" Iluka" ); and Ronald Luke Keeter, Sr. and wife,
Mary L. Keeter, as tenants by the entirety ("Owner").
For and in consideration of, and subject to, the terms, provisions, covenants, and
conditions set forth in that certain Option for Surface Lease (the "Agreement") made and
entered into as of the date first above written by and between the parties hereto, which
Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if
fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain
lands located in Halifax County, State of North Carolina, more particularly described on Exhibit
A attached hereto and made a part hereof (the "Property'), together with all rights, privileges,
and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka
may deem necessary or convenient in the conduct of its operations. The Option for Surface
Lease shall terminate for any part of the Property for which the lease rights have not been
exercised on the seventh anniversary rate of the Effective Date shown above.
This Memorandum may be executed in any number of counterparts, each of which shall
be deemed to be an original, but all of which shall be deemed to be one agreement. The parties
authorize each other to detach and combine original signature pages and consolidate them into
a single identical original.
DocNo. 00965-L-1133
BOOK 2 4 17 PAGE 10 2 Parcel Identification Number 0500268
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Option
for Surface Lease to be executed as of Effective Date.
ILUKA RESOURCES (NC) LLC
By: ILU(U } INVESTMEN , I ,
Ma
By:
Name: Matthew B. Blackwell
Title: President and Manager
COMMONWEALTH OF VIRGINIA
COUNTY OF SUSSEX
I certify that the following) person(s) personally appeared before me this day, and
I have personal knowledge of the identity of the principal(s)
F1 I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Print Names of person(s) signing document here
Matthew B. Blackwell
Date: July 2013 F\
Notary
Printed Name: - Linda Sue Nyborg ` jL: uG�c, • •.Jct
My Commission Expires: 31 March 20f6,,
COtlMlil* low
� CpNM� � 3t31f�0l6
DocNo. 00965-L-1133
NOR 2 41 7 PABE 10 3
Owner
Parcel Identification Number 0500268
By:
Name: Ronald Luke Keeter, Sr.
By A`a
Name: Mary L. Keeter
STATE OF NORTH CAROLINA
COUNTY OF HALIFAX
I certify that the following person(s) personally appeared before me this day, and
D/ I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
El A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Print Names of person(s) signing document here
Ronald Luke Keeter, Sr.
Mary L. Keeter
Date: i IS July 2013
S J�� 1
Notary E�ulrii r:`� ,!�.��.-,� �? �//// � tI
U a444 4ORG
41JiJJJJJe
Printed Name: Linda Sue Nyborg
My Commission Expires: 26 May -
4 *.o � 60
°
IM
20iol rljli ®4190&4°g®
is
DocNo. 00965-L-1133
BOOK 2 4 17 PAB* 10 4 Parcel Identification Number 0500268
EXHIBIT A
TO
MEMORANDUM OF OPTION FOR SURFACE LEASE
Parcel Identification Number 0500266
North " form, mvl pmTkulody &-4" x
Cullom Tm:i, begMning a a wall bIrick
z:,,1 W j STAIN, 1117 fev don- udild
i s 1711 bel der': 5iiA U15 No.. I
'ens flop
1, No. 2, & No, 3; ihenoe eel I Ii �
r , nturc w I
ILUKA RESOURCES (NC) LLC
By: ILUKA (USA) INVESTMENTS, INC.,
Manager
Initial:
011C(q%16 I L 2 ai On Divi=n of W. M
W111 1 Icxvrw W with lime, 6 ,6
3 G h? A, ghact vuallwq Will Vol. I
WY�• .��, liiiD'!
' w *w S' 'IM E 420 foci 10 a sub, No,
1111t S 1 15 E i 963 fv a 3MV1, cMibr of No
1 i W W 1 w the twpi & comiume 31 l J
Owners
Name:R Id Luke Keeter, Sr. Mary L_ Keeter
Initial•
DocNo. 00965-L-1133 4
r�00K 2 415 PAGE 7 31
STATE OF NORTH CAROLINA
HALIFAX COUNTY
1111111 111111 III IlIII VIII VIII VIII VIII VIII VIII VIII ilill lilllDoc ID: llill 1111 1111
pe: CRP
Recorded: 07/16/0T09
2013at:14:24 AM
Rec2013-0000401
I4
FeeAt: $.00Paof 4
Revenue Tax: $0.00
Instr# 203300000534
Halifax, NC
Judy Evans -Barbee Register of Deeds
SK 2415 PG731-734
Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids, NC
27870
MEMORANDUM OF SURFACE LEASE OPTION
Parcel Identification Number 0500598
This Memorandum of Surface Lease Option (this "Memorandum") is entered into and
made effective as of July 2013 (the "Effective Date"), by and among: Iluka Resources
(INC) LLC, a North Caro ina limited liability company ("Iluka"); and Ruby Olis I. Wells, an
unmarried woman ("Owner').
For and in consideration of, and subject to, the terms, provisions, covenants, and
conditions set forth in that certain Option for Surface Lease (the "Agreement') made and entered
into as of the date first above written by and between the parties hereto, which Agreement, and its
terms, provisions, covenants, and conditions are incorporated herein as if fully set forth, Owners
granted, and does hereby grant, an option to lease unto Iluka certain lands located in Halifax
County, State of North Carolina, more particularly described on Exhibit A attached hereto and
made a part hereof (the "Property'), together with all rights, privileges, and easements
appurtenant to the Property, for any lawful purpose including such uses as Iluka may deem
necessary or convenient in the conduct of its operations.
This Memorandum may be executed in any number of counterparts, each of which shall
be deemed to be an original, but all of which shall be deemed to be one agreement. The parties
authorize each other to detach and combine original signature pages and consolidate them into a
single identical original.
Doc No. 00965-L-1127
2 415 PAGE 7 3 2
Parcel Identification Number 0500598
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Surface
Lease Option to be executed as of Effective Date.
ILUKA RES S (NG) LLC
By: luk SA) Invostme ,
By: w
Name: Matthew B. Blackwell
Title: President and Manager
COMMONWEALTH OF VIRGINIA
COUNTY OF SUSSEX
I certify that the following person(s) personally appeared before me this day, and
19/ 1 have personal knowledge of the identity of the principal(s)
I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of
A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Print Names of erson s signing document here
Matthew B. Blackwell
Date: _I I July 2013
Doc No. 00965-.-1127
Notary Publ
Printed Name: Linda Sue Nyborg
My Commission Expires: 31 March 2
Lill" SW
ry Ptft
No
Fcamn"M Expires 31311!016
2 4 i 5 PiE 7 3 3
NOTICE ADDRESS:
12495 Hwy 48
Littleton, NC 27850
Telephone Number: (252)
STATE OF NORTH CAROLINA
COUNTY OF HALIFAX
Parcel Identification Number 0500598
Owner
Ruby Olis 1. Wells
By: 4�. cX. , .stn. ---
Rose L. Inscoe, Attorney -in -Fact
for Ruby Olis I. Wells
14661 t 1-0� a i
Barbara Ann L. Green, Attorney -in -Fact
for Ruby Olis I. Wells
I certify that the following person(s) personally appeared before me this day, and
B/ I have personal knowledge of the identity of the principal(s)
I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Print Names ofperson(s) signing- document here
Rose L. Inscoe
i Barbara Ann L. Green
Date:: �.1-
Doc No. 00965-L-1127
July — 2013
L '4 `, 11i0eiit
r �®ae :tt®to
Notary Publi 1 �,� 1,1
Printed Name: Linda Sue Nyborg
My Commission Expires: 26 May 201 EE
° ~
g Commission No. 20t018200020MY tteeeoeas
Cwrmssion Expires 15 -
100K 2 415 PAGE 7 3 4
Parcel Identification Number 0500598
EXHIBIT A
TO
MEMORANDUM OF SURFACE LEASE OPTION
Parcel Identification Number 0101320
LEGAL DESCRIPTION
the J.Lrjk�� Of j,AVjd lje�S and, 0-herS, and ;�o n
j - kk. ded xray.
deocrhbecl as, f ojjccwe., wi I- ! Vfln'm-S an Lo-- No- 2. i 'WI --rFj Rf"' 0
!;tak,L-, zuriaLng N 4 E I qr, t:a N I I E 4 � Pol e!';
Lr- David fler, C:DYrver.: L h e f c e h -i -i .fie 14 81 1 ," 2, W 7 7 po e Lc- a
sr-ak-&, cornar of- ),DL NO -1, hence with the linc. of Lx 1. 21
� Iq , Ka the
mcjrq ,nr �,er3-ci it I-,eirj,- zhe lirez t.'L-act deacrib-ed `n a dead frc-.,.,n
J,P., 'ek-11ou and vo.fe- to and C - E. Drvqoar' dated '-Uqua"
8, and rec-Drded, `i rt Chie offlc,e of the oi!- rpe-eds of
,Aa-' i tax CDu-nt� Noytt',- cavnina, in ac -'0.1- 394, Page - C6-1, -c-, pdhich
re f e i-ence hereby made. Re -f &i-ence roc a1--0 Tade --c- tha t0. ---rt in
0 be
Ce��'J IlLdEle M'ld b% C.E. Phte%qer c,2 C.--. Eedl\ dQU�-d
6, 194=3, arld In L-hc .)fficu uoid of DuoA2� of
Acknowledgment of legal description:
ILUKA RESOURCES (NC) LLC
By: ILUKA (USA) INVESTMENTS, INC.,
Manager
Initial:
4 —
DoqNo. 00965-L-1127 4
1
Owner
Name: Rose L. Inscoe Barbara Ann L. Green
Initial: -gxj- -... BAI-(g-
BOOK 2 4 17 PAGE 1 1 3
Doc ID: 003628830004 Type: CRP
Recorded: 07/26/2013 at 01:48:19 PM
Receipt#: 2013-00000698
Fee Amt: $26.00Page 1 of 4
Revenue Tax: $0.00
Instr# 201300000948
Halifax, NC
Judy Evans -Barbee Register of Deeds
BK2Ti / PG113-1 i6
STATE OF NORTH CAROLINA
HALIFAX COUNTY
Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids,
NC 27870
MEMORANDUM OF OPTION FOR SURFACE LEASE
Parcel Identification Number 0501107
This Memorand m of Option for Surface Lease (this "Memorandum") is entered into and
made effective as of July 2013 (the "Effective Date"), by and among: Iluka Resources
(NC) LLC, a North Carolina limited liability company ("Iluka"); and Constance K. Wilson, aka
Connie Kramer Wilson, an unmarried woman ("Owner").
For and in consideration of, and subject to, the terms, provisions, covenants, and
conditions set forth in that certain Option for Surface Lease (the "Agreement') made and
entered into as of the date first above written by and between the parties hereto, which
Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if
fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain
lands located in Halifax County, State of North Carolina, more particularly described on Exhibit
A attached hereto and made a part hereof (the "Property"), together with all rights, privileges,
and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka
may deem necessary or convenient in the conduct of its operations. The Option for Surface
Lease shall terminate for any part of the Property for which the !ease rights have not been
exercised on the seventh anniversary date of the Effective Date shown above.
This Memorandum may be executed in any number of counterparts, each of which shall
be deemed to be an original, but all of which shall be deemed to be one agreement. The parties
authorize each other to detach and combine original signature pages and consolidate them into
a single identical original.
DocNo. 00965-L-1129
BOOK 2 41 7 (A61 l 14 Parcel Identification Number 0501107
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Option
for Surface Lease to be executed as of Effective Date.
ILUKA RESOURCES (NC) LLC
By: ILUK SA) INVEST ENTS, NC.,
Mal
a ge
By: '
Name: Matthew B. Blackwell
Title: President and Manager
COMMONWEALTH OF VIRGINIA
COUNTY OF SUSSEX
I certify that the following person(s) personally appeared before me this day, and
dI have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Print Names of person(s) signing document here
Matthew B. Blackwell
Date: C
Notary Publ c.
Printed Name: Linda Sue NyborgIA-
�a
l
My Commission Expires: 31 March 2016 0 '•, �� \��
•. e
1' ,CO'.i 110
DocNo. 00965-L-1129
600K 2 417 PAK 1 15
Owner
Parcel Identification Number 0501107
Name: Constance K. Wilson,
aka Connie Kramer Wilson
STATE OF NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, and
n 1 have personal knowledge of the identity of the principal(s)
F3 I have seen satisfactory evidence of the principal's identity, b a current state of federal
identification with the principal's photograph in the form of a N--- t(ojC.C5
u A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Print Names of person(s) signing document here
Constance K. Wilson
Date: �i July 2013
r
Notary Pu lic:
r
Printed Name: Linda Sue Nybcarr °°°•`�
My Commission Expires: 26 Nlay�ZhlgMWO
' t4't6
No. 201015200020
Vj.CVM1i6" E4110" 5
QocNo. 00965-L-1129
80 2 417 PAU[ 1 16 Parcel Identification Number 0501107
EXHIBIT A
TO
MEMORANDUM OPTION FOR SURFACE
Parcel Identification Number 0501107
BEING ALL 0J]nA ", containing 67.090 acres, accoxiding
to that certa rve�r nd plat entitled, "Survey For Tom
Wilson and Co 'e lson, Virginia Lee Tfnney, mark W. Gee
and Samant . J. e. Paucetts Township, Halifax County, EVC,"
under an
e r 11, 2005, and drawn by Kenneth W. Odbm,
Jr., Pro
real nand Surveyor, b-3652, for Odom Land
Surveying y, Roanoke Rapids, NC, said survey and plat i,s
recoea d In lat Cabinet 6, Slide 141-A of the Halifax County
Public gi ry, to which said surrey and pkat reference is
hereby h nd made and as a part of this description for
greater certainty.
ILUKA RESOURCES (NC) LLC
By: ILUKA SA) INVESTMENTS, INC.,
(Ulan
Initial:
DocNo. 00965-L-1129 4
Owners
Name: Constance K. Wilson
Initial: C44 -11i
I a]ZC1
Halifax County Tax Map Parcel 0501588
, 2013
RIGHT -OF -ENTRY
In consideration of the mutual promises contained herein and intending to be legally
bound, the undersigned (collectively and individually, the "Owners") hereby grant to
Iluka Resources Inc. ("ILUKA"), its contractors, employees, agents and assigns,
permission to enter upon the property described as:
See Exhibit A
the "Property"), for the purpose of:
Performing geophysical investigations, boundary line and environmental surveying
and wetland delineations.
(the "Permitted Work").
This right -of -entry shall not permit installation of any other facilities or performance
of any work other than the Permitted Work. ILUKA shall obtain any required
permits and approvals to perform the Permitted Work.
This right -of -entry shall expire automatically upon the earlier to occur of (i) Six (6)
Months from the date of this right -of -entry, or (ii) execution of a lease or other
agreement between ILUKA, the Owners, and any other necessary parties for the
mining of minerals or other activities on the Property. This permission is granted
based upon ILUKA's agreement to (i) repair and restore, or cause its agents or
assigns to repair and restore, if necessary, any area or item damaged or destroyed
in exercising this right to enter the Property, and (ii) be responsible for all costs
related to the Permitted Work.
ILUKA and its agents and assigns shall enter the property at their own risk and only
for the purposes stated herein. ILUKA shall be responsible to the Owners for
ILUKA's acts and the acts of ILUKA's agents and assigns, including any failure to
fulfill the obligations specified herein.
Owners warrant that he/she/they/it possess the full legal authority to enter into and
bind Landowner to the terms of this right -of -entry and has/have taken all necessary
actions as may be necessary to authorize the grant of the right -of -entry.
Iluka Resources Inc. • 12472 St John Church Road • Stony Creek, VA 23822
T: (434) 348-4300 F: (434) 246-3039 www.iluka.com
This right -of -entry may be executed in several counterparts, each of which shall be
deemed to be an original copy and all of which together shall constitute one and the
same instrument.
This right -of -entry is granted with the free consent of Owners.
Signature:
Ronnie L. Floyd
Si-Inature: Z7 0,10 tj
Name: Tiffany E. i •
Address: 1419 S. Main St.
Wake Forest, NC 27587
Phone: (919)637-6159
Seen and Agreed:
Iluka Resources Inc.
Name: Paul Warme
Title: Vice President Finance
12472 St. John Church Road
Stony Creek, Virginia 23882
(434)348-4300
Exhibit A
Parcel 0501588, Halifax County, NC
Acknowledgment of legal description:
fluka Resources Inc.
By: —M-althew-BBlackwefl,
\S\u,Presidents
Initial:(a,--
(Owner]
Names, Ronnie ,L, Floyd
A
Initial: AL
Tiffany E. Noyd
IR F___
Ro
BOOK 2 4 13 PASE 5 5 d
Doc ID: 003616330004 Type: CRP
Recorded: 06/20/2013 at 02:21:02 PM
Receipt#: 2012-00009149
Fee Amt: $26.00 Page i of 4
Revenue Tax: $0.00
Instr# 201200011896
Halifax, NC
Judv Evans -Barbee Register of Deeds
BK2413PP-550-553
STATE OF NORTH CAROLINA �. RKLW� k�q�
HALIFAX COUNTY
,/Prepared by and returned to: Iluka Resources [NC] LLC, 413 Becker Drive, Roanoke Rapids,
NC 27870
MEMORANDUM OF OPTION FOR SURFACE LEASE
Parcel Identification Number 0530130
This Memorandum of Op ' n for Surface Lease (this "Memorandum") is entered into and
made effective as of - �_q_ 2013 (the "Effective Date"), by and among: Iluka
Resources (NC) LLC, a North Carolina limited liability company ("Iluka"); and Richard M. Odom,
an unmarried man ("Owner").
For and in consideration of, and subject to, the terms, provisions, covenants, and
conditions set forth in that certain Option for Surface Lease (the "Agreement") made and
entered into as of the date first above written by and between the parties hereto, which
Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if
fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain
lands located in Halifax County, State of North Carolina, more particularly described on Exhibit
A attached hereto and made a part hereof (the "Property"), together with all rights, privileges,
and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka
may deem necessary or convenient in the conduct of its operations. The Option for Surface
Lease shall terminate for any part of the Property for which the lease rights have not been
exercised on the seventh anniversary date of the Effective Date showrr above.
This Memorandum may be executed in any number of counterparts, each of which shall
be deemed to be an original, but all of which shall be deemed to be one agreement. The parties
authorize each other to detach and combine original signature pages and consolidate them into
a single identical original.
DocNo. 00965-L-1126
BOOK 2 413 PABE 5 5 l
Parcel Identification Number 0530130
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Option
for Surface Lease to be executed as of Effective Date.
ILUKA RESOURCES (NC) LLC
By: ILUKA (USA) INVESTMENTS, INC.,
(—M87 ger
By:
Name: Paul Warme
Title: Vice President Finance and Manager
COMMONWEALTH OF VIRGINIA
COUNTY OF SUSSEX
I certify that the following person(s) personally appeared before me this day, and
19" 1 have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
.......-.. _......... ......
Print Names of person(s) signing document here
Paul Warme
Date: a _ June 2013
Notary Pubiic
Printed Name: Linda Sue Nyborg ,:i 4o
My Commission Expires: 31 March 2 b`" ; 3�� ;1
t
r'�9 116.5
3l31i'201�
DocNo. 00965-L-1126
BOOK 2 4 13 PASS 5 5 2
Owner
Parcel Identification Number 0530130
STATE OF NORTH CAROLINA
COUNTY OF HALIFAX
I certify that the following person(s) personally appeared before me this day, and
17 1 have personal knowledge of the identity of the principal(s)
have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
�1 A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated;
Print Names of person(s) signing document here
Richard M. Odom
Date: ur`-C (;Z, 11 2013
� f
,,NO�tTlir,y�,,
01
PU��,0:
G 09�� .
DocNo. 00865-L-1126
Uri
•� 'mu .} is id�'vB4:i''.
Printed Name:.
My Commission Expires:1
BOOK 2 4 13 PAGE 5 5 3 Parcel Identification Number 0530130
EXHIBIT A
TO
MEMORANDUM OF OPTION FOR SURFACE LEASE
Parcel Identification Number 0530130
That certain tractor parcel of land lying and being situate on the )cast side of N. C. State Road # 1611 and containing
0.59 Acres as shown and designated on that plat entitled "Map Showing Property of Richard Odom" prepared by
William Hunter Traylor, Professional Land Surveyor, dated January 14, 2007 and recorded in Plat Cabinet 6 ,
Slide/0- , Halifax Public Registry. The above described real property is a portion of the Fourth Tract in those
two (2) deeds to Joseph Roger Hawkins recorded in Book 1630, Page 106 and Book 1852, Page 691, Halifax Public
Registry; reference to said plat and deeds being hereby made for a greater certainty of description.
and
That certain tract orparcel of land lying and being situate on the East side ofN_ C. State Road #1611 and containing
1.83 Acres as shown and designated on that plat entitled "Map Showing Property of Roger Joseph Hawkins to Be
Conveyed to Richard Odom" prepared by William HunterTraylor, Professional Land Surveyor, dated May 24, 2005
and recorded in flat Cabinet 6, Slide 133-R, Halifax Public Registry. The above described real property is a portion
of the Fourth Tract in those two (2) deeds to Joseph Roger Hawkins recorded in Book 1630, Page 106 and Book
1852, Page 69 t, Hali fax Public Registry; reference to said plat and deeds being hereby made for a greater certainty
of description.
Being the same property shown as Parcel 0530130, containing approximately Two and
42/100(2.42) acres as described on plat entitled "Plat Showing Property Surveyed For ILUKA
RESOURCES (NC) LLC Property Of Richard M. Odom," prepared by Jonathan C. Waters
Professional Land Surveyor, dated May 2, 2013 , and recorded in Plat Book 2013, Page 94
Halifax County Registry.
Less and Except all portions of the property not included within "Area To Be Leased, 1.00
Acres+-" shown on the above-named Plat
ILUKA RESOURCES (NC) LLC
By: ILUKA (USA) INVESTMENTS, INC.,
i
er _*,�
DocNo. 00965-L-1126 4
Owners
Name: Richard M. Odom
600X 2 4 2 1 PAGE 4 3 9
IIIIIIIIIIIIIIIIIIIIIIIIIfIIIIIIiiIfllNlllllllflllllllllllllfNlill�lllllllll
Doc ID: 003639030005 Type: CRP
Receipt#: 20!3200001941 10:37:24 AM
Fee Amt: $26.00 Page i of 5
Revenue Tax: $0.00
Instr# 20!300002501
Halifax, NG
Judy Evans—Barbee Register of Deeds
BK2421 PG439-443
7L
STATE OF NORTH CAROLINA �./{�/ j/{�
HALIFAX COUNTY r i
Prepared by and returned to: Iluka Resources [NCJ LLC, 413 Becker Drive, Roanoke Rapids,
NC 27870
MEMORANDUM OF OPTION FOR SURFACE LEASE
Parcel Identification Number 0530148
This Memorandum of Option for Surface Lease (this "Memorandum") is entered into and
made effective as of August 2013 (the "Effective Date"), by and among: Iluka Resources
(NC) LLC, a North Carolina limited liability company ("Iluka"}; and Thomas Seay Tinney and wife,
Virginia Lee Tinney; Helen H. Tinney, an unmarried woman (collectively "Owner").
For and in consideration of, and subject to, the terms, provisions, covenants, and
conditions set forth in that certain Option for Surface Lease (the "Agreement") made and
entered into as of the date first above written by and between the parties hereto, which
Agreement, and its terms, provisions, covenants, and conditions are incorporated herein as if
fully set forth, Owners granted, and does hereby grant, an option to lease unto Iluka certain
lands located in Halifax County, State of North Carolina, more particularly described on Exhibit
A attached hereto and made a part hereof (the "Property"), together with all rights, privileges,
and easements appurtenant to the Property, for any lawful purpose including such uses as Iluka
may deem necessary or convenient in the conduct of its operations. The Option for Surface
Lease shall terminate for any part of the Property for which the lease rights have not been
exercised on the seventh anniversary date of the Effective Date shown above.
This Memorandum may be executed in any number of counterparts, each of which shall
be deemed to be an original, but all of which shall be deemed to be one agreement. The parties
authorize each other to detach and combine original signature pages and consolidate them into
a single identical original.
DocNo. 00965-L-1135
BOOK 2421 WE440
Parcel Identification Number 0530148
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Option
for Surface Lease to be executed as of Effective Date.
ILUKA RESOURCES (NC) LLC
By: ILUKA (USA) INVESTMENTS, INC.,
M
By:
Name: Matthew B. Blackwell
Title: President and Manager
COMMONWEALTH OF VIRGINIA
COUNTY OF SUSSEX
I certify that the following person(s) personally appeared before me this day, and
2 1 have personal knowledge of the identity of the principal(s)
❑ 1 have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Print Names of person(s) signing document here
Matthew B. Blackwell
Date: 0 August 2013
Notary Publi
Printed Name. Linda Sue Nyborg
My Commission Expires: 31 March 2016
NWWYPubk
No.
ktY «°�1l20113
docNo. 00965-L-1135
BGGA 2 4 21 PAGE 4 41
Owner
Parcel Identification Number 0530148
Name: Thomas Seay Tinney
I I .A , t
Icy:v t< CU cX
Name: All
Lee Tinney
NOTICE ADDRESS:
515 McEachern Court
Wilmington, NC 28412
Telephone Number: (914) 279-1793
STATE OF NORTH CAROLINA
COUNTY OF - Nw �onojy-
I certify that the following person(s) personally appeared before me this day, and
I have personal knowledge of the identity of the principal(s)
I have seen satisfactory evidence of the principal's identity, b curren state or federal
ide tification with the principal's photograph in the form of a
L-Cn-fe
FJ A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Print Names of person(s) signing document here
Thomas Seay Tinney
Virginia Lee Tinney
Date: August 2013
Gross
NOTARY PoL,
I' anove,MYCOMM
IS-SIV, c�1,: C.. G 2(
DocNo. 00965-L-1135
Notary Public:
Printed Name:
My Commission Expires: �0
BOOK 2 4 2! PAGE 4 4 2
Owner
Parcel Identification Number 0530148
By. Int' -u, \� , �
Name: Helen H. Turney
NOTICE ADDRESS:
1018 Robert E. Lee Drive
Wilmington, NC 28412
Telephone Number: (910) 799-8043
STATE OF NORTH CAROLINA
COUNTY OF r �o.e,
I certify that the following person(s) personally appeared before me this day, and
I have personal knowledge of the identity of the principal(s)
! have seen satisfactory evidence of the principal's identity, bX r n tate or federal
ide tification with the principal's photograph in the form of a �,�/�
-11 CP ;•:-e
A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Print Names of person(s) signing document here
Helen H. Tinney
Date: August 2013
Notary Public:
Printed Name:
My Commissio
'� 02125'241 �
DocNo. 00965-L-1135
869K 2 4 2 1 PAGE 4 4 3 Parcel Identification Number 0530148
EXHIBIT A
TO
MEMORANDUM OF OPTION FOR SURFACE LEASE
Parcel Identification Number 0530148
DE&O ALL OF '-rRACT 8", contairflng 33,550 acres, according to &at certain survey and plat
entitled, "Survey For Tom S. Vrlls*n and Connie K. Wilson, Virginia Lee Tinney, Mark W. Get
and Sarnantha j. ciee, Fauceft Township, Halifax County, Nunder date of November 11,
2005, and drawn by Kenneth W. Odom, Jr., Professional Land Surveyor, L-3652, for Odom
LAM stirvey1Co tIF 14Roapok ids NO said move and let'
74
I Afl.
111111177, Ery .4 Y tc", 7:1 /` —j.E
TITTVITMY I j7j;tL'41,ksT��i
;
Subject property hcTtAn described and F1 f4 including, but not limited to, thou ocrtaiii
riparian rights relative to Log House Branch aW Marsh Swamp.
Iluka Resources (NC) LLC
By: Iluka SgInvestments Inc.,
. XMma
Initial:
DocNo. 00965-L-1135
Owners
Names: Thomas Sealy Tinney
Virginia Lee Tinney -V—
. (�j Helen H. Tinney