HomeMy WebLinkAbout20081473 Ver 4_easement edits_20140805Merritt, Katie
From: Ashley Warner [shly.myrs @gmail.com]
Sent: Tuesday, August 05, 2014 10:18 AM
To: Kulz, Eric
Cc: Ely Perry; Merritt, Katie; Higgins, Karen; Strickland, Bev
Subject: Re: DWQ Easement Deed for Arrington Bridge Project (08- 1473v4
Good morning all,
Deed looks good with the exception of a few questions Eric had. For explanation purposes, I include the
following:
1. I added in the word "Deed" for two reasons 1. because it is a deed and 2. the state of north carolina's form
states deed (and they have gone through countless drafts of their form before settling on theirs). If you don't
want it in I am fine leaving it out but it is merely the title of the document (in which case the term "deed" is
more correct than not.)
2. Also, I can put my name as drafter but technically all I did was fill in blanks. I did not draft the document.
Again, the state's form that they use lists the department that drafted the deed not the attorney who filled in the
blanks. I am happy to include mine for ease sake even though it is not completely accurate.
Before I make the final changes, please advise if you would still like me to keep "Deed" or take it out and also
include my name as drafter.
I will send the revised deed once I have the title commitment.
Thank you,
On Mon, Aug 4, 2014 at 2:55 PM, Kulz, Eric <eric.kulzgncdenr.gov> wrote:
Ashley:
I have attached a revised copy of the Conservation Easement. Please note that we do not prepare Conservation
easements or other legal docs. While you used a template provided by us, you are the preparer of the document for
EBX -Meuse I.
Also, we had a question. Why was the word DEED inserted into the document (first paragraph). The easement doc for
Phase II did not include that word.
Please submit the completed documents described below once you have finished them. Also, we have received the
performance bond for Phase I of the project on July 23, 2014.
Once we receive the executed and recorded conservation easement, EBX -Meuse I should be eligible for the first credit
release for the site.
Please feel free to contact me or Karen Higgins if you have any questions regarding this email.
Thanks!
From: Ashley Warner [mailto:shly.myrs gmail.com]
Sent: Thursday, July 31, 2014 1:40 PM
To: Ely Perry; Merritt, Katie; Kulz, Eric
Subject: DWQ Easement Deed for Arrington Bridge Project
Hello all,
Attached is the proposed deed for partial completion of the Arrington Bridge Project. I have also included the
proposed plats for reference when reviewing the deed. The plats may need reference information added or
corrected so these are not the finalized copies but serve their purpose as a reference for the deed.
I used the Arrington Bridge I1 deed to draft this one. I am assuming all the package and site info is the same for
this one as was in the Arrington Bridge II project. I will forward the finalized plats when I am in receipt.
I am also in the process of re- drafting the title opinion. I have originally submitted my opinion over a year ago
and the commitment from that opinion has since expired so once I have that redrafted, submitted and the new
commitment from the title.company, I will forward that as well.
Also, I listed the DWQ as the drafter of the instrument. Please advise if that is not correct and who is the person
or entity responsible for the drafting of the document. In the past I have included my name for ease sake but
technically, the meat of this deed was drafted by someone else. I would like to include their name (entity) on
future deeds. Some registries request we include the name of the drafter so that is why I ask.
And lastly, we hope to close this August 15th or before. I left the dates blank to avoid having to go in and
change them and risk missing one should it be a last minute change. Once I have a finalized date, I will advise
so everyone is on the same page and fill in all the date information in the deed.
Thank you,
Ashley L Warner, Esq.
PERRY, PERRY & PERRY ATTORNEYS
P.O. Drawer 1475
Kinston, NC 28503
Phone: (252) 523 -5107
Fax: (252) 523 -8858
Web: www.kinstonattorne.
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Ashley L Warner, Esq.
PERRY, PERRY & PERRY ATTORNEYS
P.O. Drawer 1475
Kinston, NC 28503
Phone: (252) 523 -5107
Fax: (252) 523 -8858
Web: www.kinstonattorne,
* * * * * * * * * * * * * * * * * **
Confidentiality Notice: This E -mail transmission or subsequent attachments may contain confidential or legally
privileged information that is intended only for the individual or entity named in the E -mail address. If you are
not the intended recipient you are hereby notified that any disclosure, copying, distribution, or reliance upon the
contents of this E -mail is strictly prohibited. If you have received this E -mail transmission in error, please reply
to me via E -mail so that arrangements for proper delivery can be made, and then please delete the message from
your in -box. Thank you.
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