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Home My WebLink About20120144 Ver 1_Buck Swamp Transfer Easement 3308 356_20170627Page 1 of 5 [103308 �6E356 illlllli111111iiiIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII Doc ID: 011636140005 Type: CRP Recorded: 06/23/2017 at 10:56:07 AM Fee Amt: $26.00 Page i of 5 WAYNE COUNTY, NC JUDY HARRISON REGISTER OF DEEDS BK3308 PG356-360 Indexed ASSIGNMENT OF CONSERVATION EASEMENT Prepared by: WILDLANDS HOLDINGS II, LLC After Recording Return to: Lee Knight Caffery Wildlands Engineering, Inc. 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 NORTH CAROLINA WAYNE COUNTY Tax PIN: 2673557691 act S-' THIS ASSIGNMENT OF CONSERVATION EASEMENT is made and executed on this the o11 day of 7y K4-- 2017, by Wildlands Holdings II, LLC, a North Carolina limited liability company, organized and existing under the laws of the State of North Carolina with an address at 1430 S. Mint Street, Suite 104, Charlotte, NC 28203, ("Assignor') by and through the State of North Carolina — Department of Environmental and Natural Resources — Division of Water Resources ("DWR"), formerly identified as North Carolina Division of Water Quality (NCDWQ), 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 500 Westover Drive, #8850, Sanford, NC 27330, ("Assignee" or "UP2Save"). RECITALS A. Assignee is a Non -Profit Corporation, operated primarily for conservation purposes, including protection of environmentally valuable and sensitive land for preservation, scientific, educational, and open space purposes. Assignee is a "qualified organization" within the meaning of 1 Book: 3308 Page: 356 Seq: 1 Page 2 of 5 HOOK 3 3 0 8 FA91 3 5 1 Section 170(h) of the Internal Revenue Code of 1986 and regulations promulgated thereunder, and is an eligible holder of conservation easements within the meaning of North Carolina General Statutes ("N.C.G.S.") Chapter 121-34 et seq., the "North Carolina Conservation Agreements Act." B. Assignor is a limited liability company and as such is authorized to accept, hold, and administer interests in land including conservation easements, is a "qualified organization" and an "eligible donee" within the meaning of Section 170(h) of the Internal Revenue Code of 1986 and regulations promulgated thereunder, and is an eligible holder of conservation easements within the meaning of North Carolina General Statutes ("N.C.G.S.") Chapter 121-34 et seq., the "North Carolina Conservation Agreements Act." C. North Carolina Department of Environmental and Natural Resources — Division of Water Resources ("DWR") with an address of 1617 Mail Service Center, Raleigh, NC 27699-1650, is a sovereign entity and as such authorized by N.C. G. S. Chapter 143B to enforce the terms and conditions of the Conservation Easement. D. Assignor acquired a conservation easement by instrument recorded in Book 3095, Page 54, Wayne County Registry, on June 18, 2014 (the "Conservation Easement") on certain lands owned by Delmus Bridges Family Farms, LLC ("Property Owner"), located in Buck Swamp Township, Wayne County, North Carolina, being hereinafter referred to as the "Easement Area" and being more particularly described in the Conservation Easement. E. Assignor and DWR established an Umbrella Mitigation Banking Instrument ("UMBI") in the Neuse River Basin for riparian buffer and nutrient offset mitigation credits pursuant to the Neuse nutrient strategy on April 2, 2015. The instrument is in accordance with 15A NCAC 02B. .0242 and 15A NCAC 02B .0240. DWR and Assignor have agreed in the UMBI that the Easement Area shall be conserved and managed in a manner that will fulfill the purpose(s) of the UMBI and the Conservation Easement, and the parties hereto acknowledge that such restricted use is in accordance with, and furthers the purposes of, the UMBI and Conservation Easement. F. The Property Owner and Assignor have also agreed that the Easement Area shall be conserved and managed in a manner that will fulfill the purpose(s) of the Conservation Easement. By acknowledgement of the Conservation Easement, the Property Owner recognizes and agrees that the benefits of the Conservation Easement are in gross and assignable to a "qualified holder" under N.C.G.S. 121-34 et seq. and Internal Revenue Code 170.(h), and the Assignee will be required to monitor and legally defend the conservation purposes in perpetuity as described in the Conservation Easement. G. The Conservation Easement sets aside an area of the property containing approximately 47.077 acres, which is referred to as the Nutrient Easement Areas, is more fully described in the Conservation Easement, and is depicted on a map entitled "Conservation Easement Survey for WEI-Buck Swamp, LLC' prepared by Bobby Rex Kornegay, PLS, dated June 17, 2014, and recorded in Plat Cabinet 0, Slide 7-I, Wayne County Registry. The Conservation Easement sets forth certain restrictions on the use of the Easement. 2 Book:3308 Page:356 Seq:2 Page 3 of 5 HK3308 PAGE358 H. The terms of the UMBI and Conservation Easement states the Assignor will transfer ownership of the Conservation Easement to a non-profit corporation or trust and retain unto itself the nonexclusive right and obligation to monitor and legally defend the Conservation Easement and report on the condition of the Easement Area to the DWR at least annually together with a right of entry over, upon and across the property to and from the Easement Area, and Assignor consented to this Assignment by executing the Conservation Easement. I. A Stewardship Agreement with specific terms and conditions regarding the Conservation Easement will be 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 outstanding violations of the Conservation Easement as of the date of this Assignment and Assignee has inspected the Property and is satisfied that the Property Owner is in compliance with the terms of the Conservation Easement and accepts the Conservation Easement encumbering the Easement Area in its current condition. NOW, THEREFORE, for and in consideration of monies from the Assignor, in fulfillment of the terms of the UMBI and Conservation Easement, identified herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor does hereby assign, transfer, set over, convey and deliver to Assignee, and Assignee hereby accepts this Assignment of Conservation Easement. [See next pages for signatures and notary acknowledgement] 3 Book:3308 Page:356 Seq:3 Page 4 of 5 11 -V'X 3 3 3 FkS,[3 5 9 IN WITNESS WHEREOF, Assignor, acting by and through DWR, 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 records of Wayne County, North Carolina. ASSIGNOR: Wildlands Holdings II, LLC By: . Name: Yawn D. Wilkerson Title: Manager NORTH CAROLINA A ec%/P'l COUNTY I, the undersigned Notary Public, do hereby certify that Shawn D. Wilkerson, personally came before me this date, and acknowledged that he is the Manager of the Wildlands Holdings II, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the corporation, the foregoing document was signed and sealed with its corporate seal. Witness my hand and official stamp or seal, this the -2) day of 2017. Notary Public Print Nam /bio My Commission Expires STAMP/SEAL ROBERT W. BUGG NOTARY PUBLIC Mecklenburg County North Carolina 4 Book:3308 Page:356 Seq:4 Page 5 of 5 111UH3308 FAE360 ASSIGNEE: Unique Plac Save By: Name: Erik Lensch Title: Board Chair NORTH CAROLINA COUNTY I, the undersigned Notary Public, do hereby certify that Erik Lensch, personally came before me this date, and acknowledged that he is the Board Chair of Unique Places to Save, a 501(c)(3) non-profit corporation, and that by authority duly given and as the act of the corporation, the foregoing document was signed pnd sealed with its corporate seal. Witness my hand and official stamp or seal, this the day of 2017. Notary Public \\\%I II Print Name: athfzl C -Z'Q- r7� My Commission Expires: 69 = v N0 TA R Y VOc STAMP/SEAL PV B L I C �R OOUN'��G`\\� Book:3308 Page:356 Seq: 5