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
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0 125 250 500
�..ce'aymnewwe+vrora,� v�rix.w�a,ram
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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: