20080229 Ver 2_More Info Received_20080707

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9
E a r t h M a r k
MITIGATION SERVICES
Florida • North Carolina • West Virginia
June 30, 2008
NCDWQ
401 Oversight and Express Permitting Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Attn: Eric W. Kulz, Environmental Specialist
Re: Forrest Creek Mitigation Bank - Buffer Credit Release 1
Mr. Kulz:
Mid-Atlantic Mitigation, LLC (MAM) respectfully requests the first release of buffer credits from the
Forrest Creek Mitigation Bank in Orange County, NC. Pursuant to this request, MAM is submitting to
your office the following items per your request:
• Recorded Conservation Easement Documents and Boundary Survey
As noted in Section 18 of the Agreement signed by both DWQ and MAM, 20% of the proposed buffer
credits are to be released once this documentation is received by DWQ.
Therefore, at this time, MAM would like to request the release of 131,600 (0.2 x 658,000= 131,600) buffer
credits (1 credit = 1 sq. ft.).
If you have any questions or need additional information please contact me at [phone] (office),
[phone] (cell), or by email at RichMo ensen(iDEarthMark.US. Also, for your information, Matt
O'Brien will be managing this project from this point forward. To contact him please call [phone]
office phone, or [phone] cell phone and Matt.ObriengEarthMark.US.
Thank you,
r7 ,
Richard K. o ensen
Director
Mid-Atlantic Mitigation, LLC
Cc: Matt O'Brien - EMS
Matt Fisher - EMS
David Horne - EMS
Todd St. John - KHA
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JUL 7 2006
DENR - WATER QUAW Y
WETLANDS AND sTORMWATER BRANCH
12800 University Dr. Suite 400 Ft. Myers Florida, 33907 ph 239.415.6200 fx 239.415.6298
1960 Derita Road, Concord, NC 28027 ph 704.782.4133 fx 704.782.4148
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Prepared by and after recording return to:
Kilpatrick Stockton LLP (!AB)
3737 Glenwood Ave. Ste. 400
Raleigh, NC 27612
Excise Tax: $500.00
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
12;2. 20 " W2 p
:34 F"
PERMANENT CONSERVATION AND ACCESS EASEMENT,
AND TEMPORARY CONSTRUCTION EASEMENT
THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement") made this 219 day
of p & C-OrO b r2007 by and between MELTON A. LATTA & SONS DAIRY FARMS, INC., a NC
corporation, also known as Milton A. Latta and Sons Dairy, Inc., and Milton A. Latta & Sons Dairy Farm, Inc.
("Grantor'), MID-ATLANTIC MITIGATION, LLC, a NC limited liability company ("Grantee') and
CAROLINA FARM CREDIT, ACA FKA NORTH CENTRAL FARM CREDIT ("Lender').
The designation Grantor and Grantee as used herein shall include said parties, their successors and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
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RECITALS IIS 7-10-1'110 g8?lr•??•l?G35
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Orange
County, North Carolina, recorded at Book 212, Page 707; Book 1019, Page 159; Book 603, Page 525; and Book
413, Page 378 of the Public Records of the Orange County, North Carolina Registry Office, of which includes
the easement area more particularly described in ExWbit A attached hereto and incorporated herein by
reference ("Property');
WHEREAS, Grantee is a company whose purpose is the conservation of property, and is qualified to be
the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35;
WHEREAS, Lender holds the following deed of trust on the Property:
US= 10412162.1
194101 1111111111
1. From Milton A. Latta And Sons Dairy Farms, Inc., as Grantor, to Michael R. Morton as Trustee,
dated August 15, 2006 and recorded on August 17, 2006 in Book 4106 at Page 537 of the Orange County,
North Carolina Public Registry; and
2. From Milton A. Latta and Sons Dairy Farms, Inc., as Grantor to D. Michael Parker as Trustee, dated
April 18, 1991 and recorded on April 23, 1991 in Book 907 Page 360, as amended in Book 3415 Page 286,
Orange*County, North Carolina Public Registry.
WHEREAS, Grantor and owner is the holder of a purchase money deed of trust on the Property from
Mid-Atlantic Mitigation, LLC, as Grantor, to D. Michael Parker as Trustee, dated December a9 2007 and
recorded on December *T 2007 in Book -+43 a Page ! to y , Orange County, North Gina Public
Registry ( all aforementioned collectively the "mortgage").
WHEREAS, Lender, North Carolina Farm Credit, ACA 1ka North Central Farm Credit and Grantor, as
holder of a purchase money deed of trust, join in this Conservation, Access and Construction Easement and
declares that any and all rights it may have as a mortgagee and under the mortgage referenced herein are
subordinate to this Declaration of Conservation, Access and Construction Easement
WHEREAS, Grantor, Grantee and Lender recognize the conservation, scenic, natural, or aesthetic value
of the property in its natural state, which includes the following natural communities: Forrest Creek and one of
its unnamed tributaries along with associated bottom land hardwood riparian buffer. The purpose of this
Conservation Easement is to maintain wetland and/or riparian resources and other natural values of the
Property, and prevent the use or development of the Property for any purpose or in any manner that would
conflict with the maintenance of the Property in its natural condition.
WHEREAS, the preservation of the Property is a condition of the Forrest Creek Mitigation Bank
("Project') Mitigation Banking Instrument ('74BI") issued by the U. S. Army Corps of Engineers ("Corps"),
U.S. Environmental Protection Agency ("EPA"), U.S. Fish and Wildlife Service ("FNS'), North Carolina
Wildlife Resources Commission .C NCWRC"), and the North Carolina Division of Water Quality ("NCDWQ") .
(collectively "Third Parties").
WHEREAS, Grantor and Grantee agree that third-party rights of enforcement shall be held by the U.S.
Army Corps of Engineers, Wilmington District, U.S. Environmental Protection Agency, U.S. Fish and Wildlife
Service, North Carolina Wildlife Resources Commission and the North Carolina Division of Water Quality
(Third-Parties, to include any successor agencies), and that these rights are in addition to, and do not limit, the
rights of enforcement under any permit and certification.
NOW, THEREFORE, for and in consideration of the covenants and representations contained herein
and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent
hereinafter set forth, over the Property described on Exhibit , together with the right to preserve and protect
the conservation values thereof, as follows:
ARTICLE I
DURATION OF EASEMENT
us= 10"2162.1
11431PNI 1111111111
SECTION I.A This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee, its successors and assigns, and Third
Parties against Grantor, Grantor's successors and assigns, lessees, agents and licensees.
ARTICLE II
PROHIBITED AND RESTRICTED ACTIVITIES
SECTION H.A Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the Property.
SECTION MB Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved as indicated hereunder:
(a) Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the Property or any introduction of non-native plants and/or animal species is prohibited.
(b) Construction. There shall be no constructing or placing of any building, mobile home, asphalt or
concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line pier landing,
dock or any other temporary or permanent structure or facility on or above the Property.
(c) Industrial. Commercial and Residential Use Industrial and/or commercial activities, including
any right of passage used in conjunction with commercial or industrial activity, are prohibited on the property.
Residential use of the Property is prohibited.
(d) Agricultural. Grazing and Horticultural Use Agricultural, grazing, and horticultural use of the
Property is prohibited.
(e) Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of
trees, shrubs, or other vegetation on the Property.
(f) Sienage• No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions or
proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the
property and Grantee as the holder of Conservation Easement on the Property.
(g) 2Mping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of
underground or aboveground storage tanks or other materials on the Property is prohibited.
(h) Mineral Use Excavation. Dredgi, ng. There shall be no grading, filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in
the topography of the land in any manner on the Property, except to restore natural topography or drainage
patterns.
US= 10412162.1
943 WININ1nN11n
(i) Water Ouality and Drainage Pattern. There shall be no diking, draining, dredging, channeling,
filling, leveling, pumping, impounding or related activities, or altering or tampering with water control
structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In
addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of
the easement area by any means, removal of wetlands, polluting-or discharging into waters, springs, seeps, or
wetlands, or use of pesticide or biocides is prohibited.
0) Development 'gam No development rights that have been encumbered or extinguished by this
Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster
development arrangement or otherwise.
(k) Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles,
dirt-bikes, all-terrain vehicles, cars and trucks is prohibited unless for the purpose of maintaining or remediating
the restored areas.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
SECTION M.A The Grantor expressly reserves for himself, his personal representatives, heirs, successors
or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation
Easement, including, but not limited to, the right to quiet- enjoyment of the Property, the rights of ingress and
egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the
Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall
specifically reference, this Conservation Easement.
ARTICLE IV
GRANTEE'S RIGHTS
SECTION IV.A The Grantee or its authorized representatives, successors and assigns, and Third-Parties,
shall have the right to enter the Property at all reasonable times for the purpose of inspecting said property to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the
terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the
right to enter and go upon the Property for purposes of making scientific or educational observations and
studies, and taking samples. The easement rights granted herein do not include public access rights.
ARTICLE V
PERMANENT ACCESS AND CONSTRUCTION EASEMENT
SECTION V.A. Grantor hereby gives, grants, bargains, sells and conveys to Grantee: a permanent right and
easement over and upon the land owned by Grantor recorded at Book 212, Page 707; Book 1019, Page 159;
Book 603, Page 525; Book 413, Page 378 and Plat Book 97, Page 170 of the Public Records of the Orange
County, North Carolina Registry Office ("Grantor Parcel") located in the area described as Easements 1, 2 and
3 on Exhibit "A" for use by Grantee, its successors and assigns for access to the Property for any purpose,
including but not limited to the construction upon, maintenance and monitoring of the Property and for all
purposes related to the Conservation Easement ("Permanent Access and Construction Easement'). The Access
Easement herein conveyed includes, but is not limited to, the right and privilege by Grantee, and Third Parties
UUM 1"V162.1
119IM1111 111111
to access the Property Area as necessary to monitor, maintain (including the use of construction equipment),
repair, or replace the Project, and during said construction, to go onto the Grantor Parcel with vehicles,
equipment, machinery. This Permanent Access and Construction Easement is an easement in gross, runs with
the land and is enforceable by Grantee, its successors and assigns, and/or Third Parties against Grantor,
Grantor's successors and assigns.
ARTICLE VI
TEMPORARY CONSTRUCTION EASEMENT
SECTION VI.A Grantor hereby gives, grants, bargains, sells and conveys to Grantee: a permanent right and
easement over and upon the land owned by Grantor recorded at Book 212, Page 707; Book 1019, Page 159;
Book 603, Page 525; Book 413, Page 378 and Plat Book 97, Page 170 of the Public Records of the Orange
County, North Carolina Registry Office ("Grantor Parcel") located in the area described as Easement 4 on
Exhibit "A" for use by Grantee, its successors and assigns for access to the Property for any purpose, including
but not limited to the construction upon the Property and for all purposes related to the Conservation Easement
("Temporary Construction Easement"). The Temporary Construction Easement herein conveyed includes, but
is not limited to, the right and privilege by Grantee, and Third Parties to access the Conservation Easement Area
as necessary to,monitor, maintain (including the use of construction equipment), repair, or replace the Project
within the Conservation Easement Area, the Property, and during said construction, to go onto the Grantor
Parcel with vehicles, heavy equipment, machinery, construction supplies and building materials (collectively
the "Construction Activities"). Upon completion of the Construction Activities, Grantee shall remove all
vehicles, heavy equipment, machinery, construction supplies-and building materials from the Grantor's Parcel,
and shall reasonably restore the property disturbed by the Construction Activities. The Construction Easement
shall run with the property for 12 months from the date of recording at the Orange County Registry Office.
This Temporary Construction Easement is an easement in gross, runs with the land and is enforceable by
Grantee, its successors and assigns, and/or Third Parties against Grantor, Grantor's successors and assigns.
ARTICLE VII
ARTICLE VIIIENFORCEMENT AND REMEDIES
SECTION VIII.A Upon any breach of the terms of this Conservation Easement by the Grantor, its agents,
successors, or assigns, which comes to the attention of the Grantee, the Grantee or Third-Parties may institute a
suit to enjoin such violation and if necessary, to require the restoration of the Property to its prior condition at
the Grantor's expense.
SECTION VIII.B No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to
Grantee to enforce the same in the event of a subsequent breach or default.
US200010492162.1
IN01111111111111
SECTION VIII.C Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Property resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property
resulting from such causes.
ARTICLE IX
MISCELLANEOUS
SECTION IX.A Fencing. The Grantee and/or its successors in interest will be responsible for installing
and maintaining high tensile electric fencing around the Property for the life of the Conservation Easement.
The Grantor and Grantee acknowledge the purpose of this provision is to keep livestock from the Property.
This provision shall become null and void if the Grantor and/or its successors in interest cease to keep livestock
on the adjoining property.
SECTION IX.B liflg. The Grantor warrants, covenants and represents that Grantor is the sole owner and
is seized of the Property in fee simple and has good right to make, declare and impose the aforesaid
Conservation Easement; the Property is free and clear of any and all encumbrances, except the following
described easements leases, restrictions, and rights of way of record: See Exhibit attached hereto and
incorporated herein by reference, and that Grantor will warrant and defend title to the same against the claims of
all persons.
SECTION IX.C Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The
Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer.
The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger or the fee
and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated
without the prior written consent and approval of the Third-Parties.
SECTION IX.D Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in
the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a
qualified holder under N.C. Gen. Stat. § 121-34 et seq., and not necessarily a North Carolina entity and the
Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee
or assignee will be required to continue in perpetuity the conservation purposes described in this document.
SECTION IX.E Entire Agreement and Severabilitv This instrument sets forth the entire agreement of the
parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any provision is found to be void or
unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
[Remainder of Page Intentionally Left Blank]
US2000 10492162.1
1943 If 141
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first
above written.
MILTON A. LATTA & SONS DAIRY FARMS, INC., a
NC corporation
By:
Name: Wit%*,
Title:
STATE OF NORTH CAROLINA
COUNTY OF ?2"
I, the under igned, a Notary Public of the County and State aforesaid, certify that
-0. 1 r+tC. , whose identity has been proven by satisfactory evidence, said
evidence being:
® 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);
personally came before me this day and acknowledged that he is President of Milton A. Latta & Sons Dairy
Farms, Inc., a NC corporation, and that he, in such capacity and being authorized to do so, voluntarily executed the
foregoing on behalf of the corporation for the purpose stated therein and in the capacity indicated.
Witness my hand and seal, this the 2 l St day of ?r c ??..? c ? , 2001
otary Public 4.
Print Name: L.c. Dom., A. Vc.. T.^?? pea
My Commission Expires:
[AFFIX NOTARY SEAL BELOW - NOTE THAT SEAL MUST BE FULLY LEG LEl 0)03??
U52000 10482162.1
CONSENT OF MORTGAGEE
1 1443 1059 914) liiiiiiiiiiiiii
MILTON A. LATTA & SONS DAIRY FARMS, INC., a NC corporation, being the lender under that certain
Purchase Money Deed of Trust as follows:
1. From t" - a *tu?t ? M t t*1tc -, r,41 E.. LC- , as Grantor, to b M . .tkA%.at KfAeeri as Trustee, dated
0 ?.,??r a'3 ?wd1? and recorded on De&&-.b« at, 2er.'i in Book 443a at Page I &A of the Orange County, North
Carolina Public Registry, and
Accts a?Nd eeu:.tfKG?1CN
hereby: (a) consents to the recordation of this ConservationYEasement and the imposition of the provisions
hereof on the Property; and (b) subordinates the lien and operation of the Deeds of Trust to this Conservation
Easement and the provisions contained herein. In the event of a foreclosure of either of the Deeds of Trust, or a
transfer of any portion of the property in lieu of foreclosure, Lender agrees that the purchaser at any such
foreclosure or the transferee under any such deed in lieu of foreclosure shall take title to the property together
with and subject to all of the terms and conditions of this Conservation Easement. Lender executes this Consent
of Mortgagee solely for the purposes set forth above.
MILTON A. LATTA & SONS DAIRY FARMS, INC., a
NC corporation
n
By:
Name: W;11-c-h. T3- L0.44c,
Title:
STATE OF NORTH CAROLINA
COUNTY OF Otv_, &
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
L,;1?lliC . 7') t A4%- , whose identity has been proven by satisfactory evidence, said
evidence being:
® 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);
personally came before me this day and acknowledged that he is President of Milton A. Latta & Sons Dairy
Farms, Inc., a NC corporation, and that he, in such capacity and being authorized to do so, voluntarily executed the
foregoing on behalf of the corporation for the purpose stated therein and in the capacity indicated.
Witness my hand and seal, this the 715t day of Decir.+.b . r , 200-1
p1U!!/? aa-'-?
qo4 Public
Print Name: Itj), I2. NOTARY
My Commission Expires: lalAI I,
PUBLIC
[AFFIX NOTARY SEAL BELOW - NOTE THAT SEAL MUST BE FULLY VI IBLRI
-& fka *4
US_'Wo )(M82162 1
CONSENT OF MORTGAGEE
1131 Wil
fka. Werrl? G.a W&A Paem 0-e-WA4r
Carolina Farm Credit, ACA' 'being the Lender under those certain Deeds of Trust as follows:
1. From Milton A. Latta And Sons Dairy Farms, Inc., as Grantor, to Michael R. Morton as Trustee, dated
August 15, 2006 and recorded on August 17, 2006 in Book 4106 at Page 537 of the Orange County, North
Carolina Public Registry; and
2. From Milton A. Latta and Sons Dairy Farms, Inc., as Grantor to D. Michael Parker as Trustee, dated
April 18, 1991 and recorded on April 23, 1991 in Book 907 Page 360, as amended in Book 3415 Page 286,
Orange County, North Carolina Public Registry.
?CGtfS qNl CCJL'tra.?f?Ob
hereby. (a) consents to the recordation of this Conservation'tasement and the imposition of the provisions
hereof on the Property; and (b) subordinates the lien and operation of the Deeds of Trust to this Conservation
Easement and the provisions contained herein. In the event of a foreclosure of either of the Deeds of Trust, or a
transfer of any portion of the property in lieu of foreclosure, Lender agrees that the purchaser at any such
foreclosure or the transferee under any such deed in lieu of foreclosure shall take title to the property together
with and subject to all of the terms and conditions of this Conservation Easement. Lender executes this Consent
of Mortgagee solely for the purposes set forth above.
LENDER:
Carolina Farm Credit, ACA Vkpt? GBY: A 64
Name:
Title: fits Pre,1"
STATE OF NORTH CAROLINA
COUNTY OF AI& ""„
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
kl 5 Cep IL 3; . ____[Name of Officer], whose identity has been proven by
satisfactory evidence, said evidence being:
? 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
RT A credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that (s)he is , c 4t. President of Carolina Farm
Credit, ACA, and that (s)he, in such capacity and being authorized to do so, voluntarily executed the foregoing
on behalf of the bank for the purpose stated therein and in the capacity indicated.
Witness my hand and seal, this the day of bt fi . , 2009
Jkl,-? f "44 v-
Notary PubliPrint Name: "Tee io. 111Ja.(?c4
w
031 1 _ lob
WPW PLJRWI X NO Y SEAL BELOW-NOTE THAT SEAL MUST BE FULLY LEGIBLE
*ftd C =* N0M C VdkS
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Lying and being in the Township of Cedar Grove, County of Orange, State of North Carolina and being more
particularly described as follows:
BEING all of the following Lots:
Area A, containing 2.90 acres, more or less,
Area B, containing 7.29 acres, more or less,
Area C, containing 4.06 acres, more or less,
Area D, containing .90 acres, more or less,
Area E, containing 1.48 acres, more or less,
Area F, containing 1.34 acres, more or less,
Area G, containing 8.64 acres, more or less,
Area H, containing 2.22 acres, more or less, and
Area I, containing 1.04 acres, more or less,
All as shown on that plat entitled "Conservation Easement Property Surveyed For Latta-Earthmark" prepared by
Alois Callemyn, Professional Land Surveyor, dated Oa?.a.?? t4 2007, and recorded one ITS, Aoowip at Plat
Book 103 , Pages 2,5 _ and '%to of the Orange County, North Carolina Registry (the
"Plat').
TOGETHER WITH all of Grantor's right title and interest in and to the following easements:
Easement 1:
A permanent, non-exclusive easement for ingress, egress and regress over and across the following private rights of
way:
(1) Ajack Latta Ave, a 50 foot Private Right-of-way as recorded in Book 3788 Page 334;
(2) London Lane, a 30 foot Private Right-of-way as recorded in Book 1561 Page 550 and Book 476 Page 79;
and
(3) That certain 50 foot Private Right-of-way as shown on the Plat, located directly to the North of Area H as
recorded in Book 781 Page 293.
Said beneficial access easement shall run with the land and be binding on the Grantors successors, heirs and assigns.
Ferment 2:
A permanent, non-exclusive pedestrian, access and maintenance easement for ingress, egress and regress over and
across the areas shown as "20' Creek X'ing #1, 20' Creek X'ing #2, 20' Creek X'ing #3 and 20' Creek Xing #4" as
shown on the Plat.
Said beneficial access easement shall run with the land and be binding on the Grantors successors, heirs and assigns.
A permanent easement for access to and maintenance of the Property which easement area shall be parallel to and
extending outward from the Property lines on each side for a width of 20 feet (10 feet on each side of the boundary).
USIM iauia.1
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A temporary construction easement, which shall expire 12 months from the date of the recording of this instrument:
A construction easement which shall be parallel to and extending outward from the Property lines on each side for a
width of 40 feet (20 feet on each side of the boundary).
u3M00 10021C.1
Exhibit B
I . Taxes for the year 2008 and subsequent years, now due and payable but not delinquent.
2. Fee simple interest of Grantor.
3. Matters shown on maps recorded at Plat Book 21 Page 147, Plat Book 22 Page 6, Plat Book 64 Page 209
and Plat Book 3 at Page 72, Plat Book 97 Page 170 and Plat Book 29, Page 123, Plat Book 77, Page 185
and Plat Book 100 Page 160
4. Easements to Duke Power Company recorded at Book 118 Page 296 and Book 1661 Page 497.
5. Easement to Morris Telephone Company recorded in Book 197 Page 250 and 252.
6. Right-of-way to the DOT recorded in Book 2134 Page 270.
7. Declaration of Restrictions and Provisions for Private Road Maintenance recorded in Book 3788 Page 334.
8. Rights of others in and to the use of an Easement for Driveway Agreement recorded in Book 1561 Page
550.
9. Rights of others in and to the use of a deed of Easement for ingress and regress recorded in Book 781 at
Page 293.
U520W I"CI62.1
DocDesc
Document 20080311000058920
Date Recorded 3/11/2008
Document Type AMD
Document Dose AMENDMENT (AMD)
Amount 0
Type RB
Book 4477
(,ra ntnrc
Time Recorded 4:38:56 PM
Remarks
Consideration Amount 0
Pages 6
Flle/ID0
Page 403
Page 1 of 1
Seq Firm Name
1 Y MILTON A LATTA & SONS DAIRY FARMS INC
r,mntPPC
Seq Firm Name
1 I Y MIT ATLANTIC MITIGATION LLC
Legal
Notaries
Referenced By
Referenced To
t, .,•?h:,P?. on nranap nr nc/wPhinrniirv/DncT)erc.asnx?sk=20080311000058920&ref--399b... 3/12/2008
03/11/2008 14:38 FAX. [phone] CHESHIRE & PARIM
Prepared by and after recording remm to:
Kilpatrick Stockton LLP (JAB)
3737 dla wood Ave. Sta. 400
Raleigh, NC 27612
Excise Tax: $
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
Q001/006
FIRST AMENDMENT TO PERMANEN'T' CONSERVATION AND ACCESS EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT
THIS FIRST AMENDMENT TO PERMANENT CONSERVATION AND ACCESS EASE1v1.ENT
AND TEMPORARY C NSTRUCTION EASEMENT (the "Amendmcnt) is made and entered into as of
the day of , 2005 between MILTON A. LATTA & SONS DAIRY
FARMS, INC., a NC corporation, also known as Milton A. Latta and Sons Dairy, Inc., and Milton A. Latta
& Sons Dairy Farm, Inc. ("Grantor', mID-ATLANTIC MITIGATION, LLC, a North Carolina limited
liability company ("Grantee"), and CAROLINA FARM CREDIT, ACA FKA NORTH CENTRAL
FARM CREDIT ("Lender").
WITNESSETH
VII EREAS, Grantor, Grantee and Lender entered into that certain Permanent Conservation and
Access Easement and Temporary Construction Easement (the "Easement") executed by the parties can the
28'' day of December, 2007 and recorded in Book RB4432 Page 152 of the Orange County, North Carolina
Rcgister of Deeds Office.
WBEREAS, Lender holds a deed of trust on the Added Property (defined below) from Milton A.
Latta and Sons Dairy Farms, Inc-, as Grantor to D. Michael Parker as Trustee, dated April 18, 1991 and
recorded on April 23, 199) in Book 907 Page 360, as amended in Book 3415 Page 286, Orange County,
North Carolina Public Registry (the "Deed of Trust").
US20001061" 10.2 221 ma"C"
03/11/2008 14:88 PAZ 9197829167 CHESHIRE & PARKER
Q 002/006
WHEREAS, Grantor and Grantee desire to add the Added Property by amending the Easement by
the execution of this Amendment.
WEIEREAS, Grantor and Grantee have requested Lender join in this Amendment for the purpose of
subordinating its lien position to the operation of the Easement, including this Amendment, and Len der has
agreed to do so.
NOW, THEREFORE, in consideration of the premises, the covenants and agreements hereunder set
forth and in furtherance of the parties understanding, it is agreed as follows:
1. Effectiveness. This Amendment shall be effective as of the date of this Amendment.
2. Definitions. Any capitalized words or phrases used and not defined in this Amendment shall
have the meanings ascribed to them in the Easement.
3. 'Pro y.. The property shown on E&Mbft A attached hereto and incorporated hea-ein by
reference (the "Added Property") is hereby added to the Easement for all purposes. The Property as
defined in the Easement and the Added Property as defined herein shall be collectively be referred to from
time to time as the Property. Any reference to the Property in the Easement shall include the Added
Property.
4. Con ued Effect of Easement. All provisions of the Easement, except as modified by this
Amendment, shall remain in full force and affect and are reaffirmed.
5. Conflict, In the event of any conflict, inconsistency, or incongruity between any provision of
this Amendment and any provision of the Easement, the provisions of this Amendment shall govern and
control.
6. Ex=tion in Counterparts. This Amendment may be executed in two or more counterparts,
each of which shall be deemed an original and all of which, when taken together, shall constitute one
instrument.
7. Severability. Invalidation of any of the provisions contained in this Amendment, or of the
application thereof to any person by judgment or court order shall in no way affect any of the other
provisions hereof or the application thereof to any other person and the same shall remain in full force and
effect.
8. Governing LOW. This Amendment shall be governed by the laws of the State of North
Carolina.
9. Entire , Agreement. This Amendment, together with the Easement, constitutes the entire
agreement between the Grantor and Grantee pertaining to the subject matter of this Amendment, and may
be amended only by a writing executed by Grantor and Grantee.
US2000 10009 M2 M 14-2974V
03/11/2008 14:39 FAX [phone]V tnaaainz a r-
&-IN WITNESS WHEREOF, the Orantor hereto has caused this Amendment to be executed by authority duty
given, effective as of the day and year first above written.
MIL'T'ON A. LATTA & SONS DAIRY FARMSa :INC., a NC
corporation
By: ). -)?
Naiane: pjtjjAtm
Title: 7: ,45 dALJ-
STATE OF NOPAHV wCAROLINA
COUNTY OF yru-
I, th Vdersi ed, a Not Public of the County and State aforesaid, certify that
Pk Nu whose identity has been proven by satisfactory
evidence, sajA evidence bein :
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 tederal
identification with the principal's photograph in the form of a
A credible witness has sworn to the identity of the principal(s);
personal y came before me this day and acknowledged that he is President of Milton A. Latta &
Sons Dairy Farms, Inc., a NC corporation, and that he, in such capacity and being authorized to do so,
voluntarily executed the foregoing on behalf of the corporation for the purpose stated therein and in the
capacity indicated.
Witness my hand and seal, this the _ day of A4ALc l .20
Notary Pubi'
Print Name:
My Commission
[,AFFIX NOTARY SEAL BELOW - NOTE THAT SEAL MUST BE FULLY LEGIBLE?
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US= 10000 l43 32314.197Al7
09/11/2008 14:90 FAX 91Y731N1VY VnGOn,,.,a..
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Carolina Farm Credit, ACA, fka North Central Pam Credit, being the Lender under that certain Deed of
Trust from Milton A- Latta and Sons Dairy Farms, Inc., as Grantor to D. Michael Parker as Trustm, dated
April 18, 1991 and recorded on Apri123, 1991 in Book 907 Page 360, as amended in Book 3415 Pa-je 286,
Orange County, North Carolina Public Registry, hereby: (a consents to the recordation of this Amendment
To Permanent Conservation and Access Easement and T rary Construction Easement a.ad the
imposition of the provisions bereof on the Added Property; and subordinates the lien and operation of
the Deed of Trust to the Added Property and the provisions contained herein. In the event of a foreclosure
of the Deed of Trust, or a traWer of any portion of the Property and Added Property in lieu of foreclosure,
Lender agrees that the purchaser at any such foreclosure or the transferee under any such deed in lieu of
foreclosure shall take title to the roperty together with and subject to all of the terms and conditions of this
Amendment. Lender executes this Consent of Lender solely for the purposes set forth above.
LBNDER:
Carolina Farm Credit, ACA fka North Central Farm Credit
BY;
ame:
Title: 1? tee ?Ci }: ??•n
STATE OF NORTH CAROLINA
COUNTY OF ?AM+.?C.e.
1, the undersigned, a Notary Public of the County and State aforesaid, certify that
W S CoolL Tr. (Name of Officer], whose identity has been pro--en by
satisfactory evidence, said evidence being:
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 frderal
identification with the principal's photograph in the form of a
? A credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that (s)he ie -,President of
Carolina Farm Credit, ACA, and that (s)he, in such capacity and being authorized to do so, voluntarily
executed the foregoing on behalf of the bank for the purpose stated therein and in, the capacity indicated.
Witness nay hand and seal, this the Ttk day of M.&We t , 2001
=30%".?a Watk-'e
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MM 10039310.3 a23N•2M?
03/11/2008 14:39 PAZ 9197829187 CHESHIRE & PARKER IZO05/000
Exhibit A
Lying and being in the Township of Cedar Grove, County of Orange, State of North Carolina and being
more particularly described as follows:
Being all of Area ), containing 1.63 acres, more or less, a$ shown on that survey entitled "Property
Surveyed for Eartbmark-Forest Creek" dated February 20, 2008 and prepared by Alois Callemya, PLS, a
true original of which is attached hereto and incorporated herein by reference.
4
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03/11/2008 14:40 FAA VIVT,3zYIaY %Inz.,aaL. '"
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NOTE, SEE PLAT
"LA TTA - EARTHMARK"
BY ALOIS CALLEUM. PLS
DATED AUGUST, 2007 AND
RECORDED N PQ 103126
FOR ADDITIONAL INFORMATION
CONTROL CORNER
N 871170.79
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S6736?I I *W
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NOTE SEE PLAT
"ORANGE COUNTY E.R.C.D.'
BY ALOIS CALLEMYN, PLS
DATED MARCH, 2007 AND
RECORDED IN PB 1021133
FOR BOUNDARY.
1, ALOIS CALLEMYN, PLS NO, 2344. CERTIFY THAT THIS MAP
WAS DRAWN FROM AN?3 ACTUAALpFIELD , SONNET' ARID CORNERS
WWO N! { Qay 47 AS AA/FJVDF?A S ? i?f Y NOT
ar SEAL TM 30TH DAY OF FEBRUARY 2008.
400?01?
8 EXISTING IRON O PIN SET A MA TH NT Ma POLE
TAX MAP 2.47..2 PIN !f 9877-52-0417 SCALE 1' s 200'
82
.70 i ? 1
S7,2;-,
PROPERTY SVRVEYED FOR
EARMMAM - FORREST CREEK
CEDAR GROVE TNP., ORANGE CO.. NORTH CAROLINA
FIELD WAK PERFORMED FE&?UARY, 20M
PROPERTY AS DESCRIBED N D.B. 413 / .379
STANDING N THE NAME OF
MILTON A. LATTA & SONS DAIRY FARM INC.
ALO1S CALLE#4M. PLS 919-732-3354
3500 AISTAMERE FARM RD., HILL.SOOROUGH, NC
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