20190157 Ver 3_Assignment of Perry Hill CE to UP2S RECORDED_20230829

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This Document eRecorded: 08/28/2023 03:58:05 PM
Fee: $26.00 Tax: $0.00
Orange County, North Carolina
G� MARK CHILTON, Register of Deeds by CURTISHA THOMAS
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ASSIGNMENT OF CONSERVATION EASEMENT
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Prepared by: WILDLANDS "INGS V, LLC
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After Recording Return to: *ft Covington
Wm*nds Engineering, Inc.
143kCMint Street, Suite 104
Charldjt, ,IC 28203
NORTH CAROLINA O
ORANGE COUNTY
Tax PIN:9865-08.1397
THIS ASSIGNMENT OF CONSERVATION EAENT is made and executed on this the A day of August,
2023, by WILDLANDS HOLDINGS V, LLC, a North Cara limited liability company, organized and existing under
the laws of the State of North Carolina with an addrekAt 1430 S. Mint Street, Suite 104, Charlotte, NC 28203,
("Assignor") to UNIQUE PLACES TO SAVE, a 501(c)(3) non-profit corporation, existing under the laws of the State
of North Carolina with an address of PO Box 1183, Chapel Hill, NC 27514-1183, ("Assignee" or "UP2Save").
RECITALS
A. Assignee is a non-profit corporation, operated omarily for conservation purposes, including
protection of environmentally valuable and sensitive land for preset4)t on, scientific, educational, and open space
purposes. Assignee is a "qualified organization" within the meaning o&'ction 170(h) of the Internal Revenue Code
of 1986 ("IRC"), as amended, and regulations promulgated there unde)eand is an eligible holder of conservation
easements within the meaning of North Carolina General Statutes (�NZ G.S.") Chapter 121-34 et seq., the
"Conservation and Historic Preservation Agreements Act." ^l
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Submitted electronically by "wildlands Engineering, Inc."
in compliance with North Carolina statutes governing recordable docu is
and the terms of the submitter agreement with the orange county Regis of Deeds.
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O S. Assignor is a limited liability company and as such is authorized to accept, hold, and administer
�ig�erests in land including conservation easements, is a "qualified organization" and an "eligible donee" within the
Man ing of Section 170(h) of the IRC and regulations promulgated thereunder, and is an eligible holder of
ervation easements within the meaning of N.C.G.S. Chapter 121-34 et seq., the "Conservation and Historic
Pr ervation Agreements Act."
�C North Carolina Department of Environmental Quality — Division of Water Resources ("DWR") with
an addrrss of 1611 Mail Service Center, Raleigh, NC 27699-1611, is a sovereign entity and as such authorized by
N.C.G.S. Cher 143E to enforce the terms and conditions of the Conservation Easement.
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D. Assignor acquired a conservation easement by instrument recorded in Book 6684, Pages 955-972,
Orange County Ogistry, on October 15, 2020 (the "Conservation Easement") on certain lands owned by Evelyn
Jeanne Perry (un rried), Mary Carolyn Bishop (widow), Judith Gail Perry Kadlac and spouse Gene E. Kadlac
("Property Owner' J jQli ed in Hillsborough Township, Orange County, North Carolina, being hereinafter referred
to as the "Conservat on Easement Area" and being more particularly described in the Conservation Easement.
Portions of the Conservation Easement Area were approved for release by DWR, Property Owner and Assignor and
released by instrument recorded in Book 6821, Pages 1544 - 1546, Orange County Registry on July 17, 2023 and
shown on the plat recorded in Book 126, Pages 117-119 in the Orange County Registry on July 14, 2023.
E. Assignor an R established the Perry Hill II Nutrient Offset and Buffer Mitigation Banking
Instrument (the "MBI") in the Huse River Basin within the Falls Lake Watershed for riparian buffer and nutrient
offset mitigation credits. The insQl is in accordance with 15A NCAC 026.0703 and 15A NCAC 026.0295. DWR
and Assignor agreed in the MBI thytiwa
Conservation Easement Area shall be conserved and managed in a manner
that will fulfill the purpose(s) of theband the Conservation Easement, and the parties hereto acknowledge that
such restricted use is in accordanceand furthers the purposes of, the MBI and Conservation Easement.
F. By signing the Conservatib , asement, the Property Owner and Assignor have also agreed that the
Conservation Easement Area shall be con d and managed in a manner that will fulfill the purpose(s) of the
Conservation Easement. By signing the Con ervation Easement, the Property Owner also recognizes and agrees
that the benefits of the Conservation Easemell in gross and assignable to a "qualified holder" under N.C.G.S.
121-34 et seq. and IRC 170(h), and such Assignedrill be required to monitor and legally defend the conservation
purposes in perpetuity as described in the Conserven Easement.
G. The Conservation Easement original et aside nine areas of the Property Owner's property
totaling approximately 15.521 acres, which said areas a(�Dmore fully described in the Conservation Easement, and
are depicted on a map entitled "Conservation Easementt for Wildlands Engineering, Inc., Perry Hill II Mitigation
Site, DWR #2019-00157v3" prepared by M.H. Weatherfol PLS, dated July 1, 2020 and recorded in Plat Book
122, Pages 102 -104, Orange County Registry. Portions of the Conservation Easement Area have been released as
mentioned in Paragraph D, described in instrument recorded in Book 6821, Pages 1544 — 1646 and shown on the
plat recorded in Plat Book 126, Pages 117-119 in the Orange Count Registry on July 14, 2023, leaving 15.417 acres
encumbered by the Conservation Easement. The Conservation E ent sets forth certain restrictions on the use
of the Conservation Easement Area.
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H. The terms of the MBI and Conservation Easement states tt Assignor will transfer ownership of the
Conservation Easement to a non-profit corporation or trust and reta 4\'vto itself the nonexclusive right and
obligation to monitor and legally defend the Conservation Easement in ptufty and report on the condition of
the Conservation Easement Area to DWR as required by the MBI, togethe_with a right of entry over, upon and
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O across the Property Owner's property to and from the Conservation Easement Area. The Property Owner consented
1� this Assignment by executing the Conservation Easement.
�. I. A Stewardship Agreement with specific terms and conditions regarding the Conservation Easement
wi b� executed by the Assignor and Assignee as part of the acceptance of this transfer.
�J. Assignor has provided information, assurances and representations to Assignee that there are no
outstan ing violations of the Conservation Easement as of the date of this Assignment and Assignee has inspected
the ProperOnd is satisfied that the Property Owner is in compliance with the terms of the Conservation Easement
and accepts t Conservation Easement encumbering the Conservation Easement Area in its current condition.
NOW,;M REFORE, for and in consideration of monies from the Assignor, in fulfillment of the terms of the
MBI and Conse n Easement, identified herein, and for other good and valuable consideration, the receipt and
sufficiency of whido hereby acknowledged, Assignor does hereby assign, transfer, set over, convey and deliver to
Assignee, and AssignXXhereby accepts this Assignment of Conservation Easement.
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[See neYTWes for signatures and notary acknowledgement]
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IN WITNESS WHEREOF, Assignor, and Assignee, by authority duly given have hereunto caused these
,presents to be executed in such form as to be binding, to be effective upon the date of recordation in the public
cards ds of Orange County, North Carolina.
'Ikerson, Manager
/J�cc klell 6 County, North Carolina
I certify that Shawn D. Wilker personally appeared before me this day, acknowledging to me that he is Manager
of Wildlands Holdings V, LLC' 0 h Carolina limited liability company and that he, as Manager, being authorized
to do so, executed the forego in behalf of Wildlands Holdings V, LLC.
Date:
(Official Seal)
ROBERT W. BUGG
NOTARY PUBLIC
Mecklenburg COuntY
North Carolina
of Notary
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Ndj2ky's printed or typed name
M c y M fission expires:
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esr-Q*'G N E E:
E PLACES TO SAVE, a North Carolina
non -fit corporation
By. ?a �7
Name: Cla6arris '
Title: Executes Director
Date:
NORTH CAROLINA COUNTY OFew(xw6_e,
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a Notary Public in and for the County and State aforesaid, do hereby
certify that Clark Harris, pers�06y appeared before me this day and acknowledged that he is Executive Director
of Unique Places to Save, a non -"fit corporation, and that he, as Executive Director, being authorized to do so,
executed the foregoing on behalf 1?ffte corporation.
IN A WITNESS WHEREOF, I have hEounto set my hand and Notary Seal this the day of
Arzp 2023.
(Official Seal)
Official Signature of Notary
JadmeMbOwn
"tAIIIINP1111111111M Notary !Qirin ted or typed name
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COUMOMM,NC scion expires: 107
IMM111111" OW 114&23 My comm
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