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HomeMy WebLinkAbout20160849 Ver 1_Appendix_C_Options_20160831Appendix C- Options and Authorizations Upper Rocky Mitigation Bank Draft Prospectus PMP by and Pe : Robot R. M=ir, Jr. P.O. Rox 1351 R04A NC 27602 MEMORANDUM OF OPTION TO PURCHASE CONSERVATION EASEMENT THIS MEMORANDUM FOR OPTION, 'D PURCHASE CONSERVATION EASEMENT ("Memorandum') is made and entered into this !2Y day of March, 2016, by and between JPO BEVERLY, LP, a North Carolima limited partnership with a principal office address of 1911 Associates Lane, Suite E, Charlotte, North Carolina 28217 (the "Grantor"), and WATER & LAND SOLUTIONS, LLC, a North Carolina limited liability company located at 11030 Raven Ridge Rd., Suite 119, Raleigh, North Carolina 27614 ("WLS'). WHEREAS, Grantor is the owner of that certain real property located at 1242 Mayes Road, Huntersville, Mecklenburg County, North Carolina, having paroelno. 00712209, containing approximately 42.14 acres, as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property'); and WHEREAS, Grantor and WLS have entered into a certain Option to Purchase Conservation Easement (the "Option") dated March � 2016, pursuant to which Grantor granted to WLS, its successors and assigns, am exclusive right and option to acquire a conservation easement (the "Easement') over approximately 13.08 acres of land out of the Property, generally described on the attached Exhibit B (the `Basement Area'), WHEREAS, the parties enter into this Memorandum for the purpose of setting forth certain terms and conditions of the Optiom and to provide co=1mctive notice of the Option; NOW, THEREFORE, in consideration ofthe foregoing, the parties hereby agree as follows. 1. The term of the Option commenced on ntMrL z y m rand shall expire on IiMdgS e"Z, 2. All of the provisions set forth in the Option are incorporated in this Memorandum by reference. The Option shall be binding upon and inure to the benefit ofthe parties and theirmspective heirs, successors and assigns. [SIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date fust above written. GRANTOR: JPO BEVERLY, LP By: ORLEANS-CONSE VATORY GROUP GENERAL PPP INC., its general p er By:` PrintLName. e1Bey P. Orleans /�// Title: Co -President /P STATE OF _nhs.arv�,+t_a� D r� COUNTY OF I,ea the undersigned Notary Public of the County and State aforesaid, certify that s personally appeared before me this day, acknowledging to me that he is Co- resident of Orleans -Conservatory Group General Partner, Inc, the general partner of JPO Beverly, LP, a North Carolina limited partnership, and that he acknowledged to me that he voluntarily signed the foregoing document for the purposes therein expressed and in the representative capacity so stated. I have received satisfactory evidence of the principal's identity in the form ofK..v...n fio__✓nvdeCfdna_��. WITNESS my hand and official stamp or seal, this the/ day of A ki 2016. Notary Plhl My Commission Expires: COMMQMRMAuH aF �WVLy NOTARIAL SEAL Ort/Ig- / MARTHA ANN REILLY, NWary PV* cry of Phtladelphia, Pala, Cou .commission Expires AprA 'B, 2bt7 WATER & LAND SOLUTIONS, LLC, a North Carolina limited liability company PrintName: 14,(4, V/u Glyfyra Title: �!/1 GNG< 6 ✓' STATE OF NORTH CAROLINA COUNTY OF //(i Kf, I,KIrwa. 1`1� J.Ur the undersigned Notary Public of the County and State aforesaid, certirythat impersonally appeared before me this day, acknowledging to me that he is z12a_ t1g4P4 of Water and Land Solutions, LLC, a North Carolina limited liability company and thatTle acknowledged to me that he voluntarily signed the foregoing document for the purposes therein expressed and in the representativec achy so stated. I have received satisfactory evidence of the principal's identity in the form of N. d . 3 %✓ 1SO1 G 't2y15�. Witless my hand and Notarial stamp or seal, this y Of 16. VPubted Nam o Notary My Commission Expires: �[� D039"5111 HOZARy AUg�`G EXHIBIT A to Option to Purchase Conservation Easement LEGAL DESCRIPTION (TAX ID#007-122-09 and TAX ID#007-541-99) BEING a parcel of land in the Town of Cornelius, Mecklenburg County, North Carolina, and being moreparticularly described as follows: BEGINNING at a 2" pipe found on the common line of the property owned by Beverly Dove Westmoreland (hereinafter referred to as the subject property) as recorded in DB. 7667, PG. 202 in the Mecklenburg County Registry and the property owned by Heyes Family Limited Partnership as recorded in DB. 9903, PG. 191 in aforementioned Registry, said 2" pipe also being located at N82°31'11 "E a distance of4462.73' fromNCGS Monument "Coulter" with NC Grid Coordinates N: 627,115.01' and Ey 1,451,150.97'. Thence from, said point of beginning and along said common line N30°49'04' W a distance of819.96' to a #6 Rebar found; Thence 29°06'44"W a distance of 114.20' to a #5 Rebar set on the common line of the subject property and the property owned by the Charlotte Mecklenburg Board of Education as recorded in DB. 27025, PG. 514 in aforementioned Registry. Thence along said common line the following five (5) calls: 1) N49009'43" E a distance of 601.93' to an iron found; 2) N49°08'31" E a distance of 269.55' to a #5 Rehm set; 3) N50°26'20"E a distance of 442.63' to a #5 Rebar set; 4) N49°24'56"E a distance of 584.75'to a #5 Rebar Set; 5) N49032'37"E a distance of 331.87' to the southerly margin ofBailey Road (S -R- #2147), available public R/W; Thence along said southerly margin the following five (5) calls : 1) S45°2603 "E a distance of 38.07' to a #5 Rebar Set; 2) S75°57'08"E a distance of 65.07' to a #5 Rebar set; 3) S4601311 VIE a distance of 180.00' to a point; 4) N43°48'49"E a distance of 6.50'm apoint;5)S46°13'11"E a distance of332.46'to a#S Rebar set. Thence leaving said southerly margin the following five (5) calls: 1) S42°04'27"W a distance of 46.61' to a #4 Rebar found; 2) S41°59'31 "W a distance of 524.32' to a 1.5" axle found; 3) S40'3 1'24"W a distance of 396.47 to a #5 Rebar set; 4) S42°40'29"W a distance of 940.29' to a #4 Rebar found; 5) S42"46'55"W a distance of 602.52' to the point and place of BEGINNING, containing 41.699 acres, more or less. 0039887! / 1 ETT B Option to Purchase Conservation Easement Legend -_-- -GreenwayTrail (Coxeplua0 _,.Town of Canellus C marvatnn Easenent —Property Setbacks —Street Curb — Sewer Easement —Nag —Streams f S Y: Easement break for sewetlfuture greerway access v r R t Y` DFeet 0 125 250 500 �..ce'aymnewwe+vrora,� v�rix.w�a,ram m amme`r:r.�iv��` e•�'�vr G.w,mwm.o +nay<r+=.wweera. Proposed Bevedy Subdivision Conservation Easement Request for Purchase i, 9 4 WATER & LAND' SOLUTIONS FOR REGISTRATION J. David Granberry REGISTER OF DEEDS Mecklenburg County NC 2016 MAR 29 01:59:94 PM BK:30694 PG:593-595 FEE:$26.00 INSTRUMENT # 2016035170 BAKERFR IIIIIIIIIIIIIIIIIIIIIIIIIIII I'91IIIID 2016035170 Prepared by and Return: Robert H. Merritt, Jr. Bailey & Dixon, LLP P. O. Box 1352 Raleigh, NC 27602 MEMORANDUM OF OPTION TO PURCHASE CONSERVATION EASEMENT THIS MEMORANDUM OF OPTION TO PURCHASE CONSERVATION EASEMENT ("Memorandum") is made and entered into this 1'9 day of �j�, 2016, by and between MAYES FAMILY LIMITED PARTNERSHIP, a North Carolina limited partne hip with a principal office address of 12229 Mayes Road, Huntersville, NC, 28078 (the "Grantor"), and WATER & LAND SOLUTIONS, LLC, a North Carolina limited. liability company located at 11030 Raven Ridge Rd., Suite 119, Raleigh, North Carolina 27614 ("WLS"). WHEREAS, Grantor is the owner of that certain real property located at 12229 Mayes Road, Huntersville, Mecklenburg County, North Carolina, 28078 having parcel no. 00755101, containing approximately 94.52 acres, more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Grantor and WLS have entered into a certain Option to Purchase Conservation Easement (the "Option") dated jowVqn , 2016, pursuant to which Grantor granted to WLS, its successors and assigns, an exclusive rigtt and option to acquire a conservation easement (the `Basement") over approximately _ acres of land out of the Property, generally described on the attached Exhibit B (the "Easement Area"), WHEREAS, the parties enter into this Memorandum for the purpose of setting forth certain terms and conditions of the Option and to provide constructive notice of the Option; NOW, THEREFORE, in consideration of the foregoing, the parties hereby agree as follows. 1. The term of the Option commenced on and shall expire on Jonj 2. All of the provisions set forth in the Option are incorporated in this Memorandum by reference. 3. The Option shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. [SIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES] WATER & LAND SOLUTIONS, LLC, a North C rolina li ited liability company B Print Name: Title:I� E �lr►� ��(jj G2/� STATE OF NORTH CAROLINA COUNTY• 1../Lv li: e F I, , �'S , the undersigned Notary Public of the County and State aforesaid erti��t iat g e personally appeared before me this day, acknowledging to me that,li��is " ���? of ater and Land Solutions, LLC, a North Carolina limited liability company and that he acknowledged to me that he voluntarily signed the foregoing document for the purposes therein expressed and in the represen 've capacity so stated. I have received satisfactory evidence of the principal's identity in the form of Witness my hand and Notarial stamp or seal, th" - day 2016. N y Public C tfl My Commission Expires: Typed or Printed Name of Notary �� G I SOT �,- �n PAY CO'M�MISSION EXPIRES 0039545711 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. GRANTOR: MAYES FAMILY LIMITED PARTNERSHIP By: Print Name: George Mayes Title:lj STATE OF 9v " im COUNTY OF Njt5C kje. ! , U I, a Notary Public of the County and State aforesaid, certify that 6 personally appeared before me this day and acknowledged that he/she voluntarily executed the forenstrument. I have received satisfactory evidence of the principal's identity in the form of _ D -.(;V , r This the day of f 2016. 'r�� Oicial Signat�x of NJo�tary ,07MR � ��Yta�i�i iFJJ,4 � "i�NotaryPublic m1Gotary Publicic N ry's printed or typed name GOMMeSib'2[Pi�l e4i4l,01O My Commission Expires: , d FOR REGISTRATION J. David Granberry REGISTER OF DEEDS Mecklenburg County NC 2016 JUN 23 01:32:47 PM BK:30930 PG:923-925 FEE:$26.00 INSTRUMENT # 2016079439 BAKERFR III I III 11111111111111111 2016079439 Prepared by and Return: Robert H. Merritt, Jr. Bailey & Dixon, LLP P. O. Box 1352 Raleigh, NC 27602 MEMORANDUM OF OPTION TO PURCHASE CONSERVATION EASEMENT THIS MEMORANDUM OF OPTION TO PURCHASE CONSERVATION EASEMENT ("Memorandum") is made and entered into this —day of , 2016, by and between MAYES FAMILY LIMITED PARTNERSHIP, a North Carolina limited partnership with a principal office address of 12229 Mayes Road, Huntersville, NC, 28078 (the "Grantor"), and WATER & LAND SOLUTIONS, LLC, a North Carolina limited liability company located at 11030 Raven Ridge Rd., Suite 119, Raleigh, North Carolina 27614 ("WLS"). WHEREAS, Grantor is the owner of that certain real property located at 12229 Mayes Road, Huntersville, Mecklenburg County, North Carolina, 28078 having parcel no. 00755101, containing approximately 94.52 acres, more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Grantor and WLS have entered into a certain Option to Purchase Conservation Easement (the "Option") dated • jpedd ZL, 2016, pursuant to which Grantor granted to WLS, its successors and assigns, an exclusive right and option to acquire a conservation easement (the `Basement") over approximately '? acres of land out of the Property, generally described on the attached Exhibit B (the "Easement Area"), WHEREAS, -the parties enter into this Memorandum for the purpose of setting forth certain terms and conditions of the Option and to provide constructive notice of the Option; NOW, THEREFORE, in consideration of the foregoing, the parties hereby agree as follows. i The term of the Option commenced on -r-1 d ( Wand shall expire on R. . 111 2. All of the provisions set forth in the Option are incorporated in this Memorandum by reference. The Option shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. [SIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES] WATER & LAND SOLUTIONS, LLC, a North Car Lina firniteiViability company By: Print Name: �S�lt6e�nei'h Title: G 0 0 STATE OF NORTH CAROLINA COUNTY OF I,the undersigned Notary Public of the County and State aforesaid, certify that��personally appeared before me this day, acknowledging to me that he is Q,f Water and Land Solutions, LLC, a North Carolina limited liability company and that he acknowledged to me that he voluntarily signed the foregoing document for the purposes therein expressed and in the representative capacity so stated. I have received satisfactory evidence of the principal's identity in the form of�je ��; N.s j-', cw 5 Witness my hand and Notarial stamp or seal, this`Z 6 day of �, j 2016 Notary Public Typed or Printed Name of Notary My Commission Expires: "� �pTARY � COMMISSION ExpIRES 00395457/ 1 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. GRANTOR: MAYES FAMILY LIMITED PARTNERSHIP Print Name: George Mayes Title: STATEOF `004h Cgv-L)ItY)a COUNTY OF I, a Notary Public of the County and State aforesaid, certify that 5 personally appeared before me this day and acknowledged that he/she voluntarily executed the foregoing instrument. I have received satisfactory evidence of the principal's identity in the form of This the,2 day of , 2016. 600M7 l N t blot _ Official Signature of Notary Cei t=iy„r,)n Q, Maw ¢„/ , Notary Public Notary Public Notary's printed or typed name My Commission Expires: 2D2 [AFFIX NOTARIAL STAMP -SEAL] it�OTARy C W CQMMISSION E FIRES `�� '�.i, PUBLIC,'k D WATER & LAND AGENT AUTHORIZATION FORM SOLUTIONS PROPERTY LEGAL DESCRIPTION: STREET ADDRESS: 12001 Mayes Rd. Huntersvilie, NC 28078 PARCEL IDs: 00714102& 00714106 Property Owner: Biorneboe. Paul & Marie Property Contact: Paul Biorneboe 11030 Raven Ridge Rd Suite 119 Raleigh, NC 27614 waterlandsolutions.com 919-814-5111 The undersigned, registered property owners of the above noted property, do hereby authorize Ashley L. Abernethy. COO . of Water & Land Solutions. LLC to review my property and to show my property to the Interagency Review Team (IRT) for the purposes of mitigation project review. Property Owner's Address (if different than property above): We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized SIgnature / Authorized Signature Date: e' 16 — 20/A Date: