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Doc ID: 011636150005 Type: CRP
Recorded: 06/23/2017 at 10:56:25 AM Indexed
Fee Amt: $26.00 Page i of 5
WAYNE COUNTY, NC
JUDY HARRISON REGISTER OF DEEDS
BK3308 PG361-365
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: 257357649, 2597359467 and 2597264469
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THIS ASSIGNMENT OF CONSERVATION EASEMENT is made and executed on this the day of
%%- -4— 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
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.
Section 170(h) of the Internal Revenue Code of 1986 and regulations promulgated there under, 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 there under, 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 1438 to enforce the terms and conditions of the
Conservation Easement.
D. Assignor acquired a conservation easement by instrument recorded in Book 3172, Page
152, Wayne County Registry, on August 4, 2015 (the "Conservation Easement") on certain lands owned by
G&E Smith and Sons, LLC ("Property Owner'), located in Brogden 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 easement purposes in perpetuity as described in the Conservation
Easement.
G. The Conservation Easement sets aside an area of the property containing approximately
28.848 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
WILDLANDS HOLDINGS II, LLC, CARRAWAY CREEK BANK PARCEL" prepared by Bobby Rex Kornegay, PLS,
dated July 22, 2015, and recorded in Plat Cabinet O, Slide 30-G, Wayne County Registry. The
Conservation Easement sets forth certain restrictions on the use of the Easement.
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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 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]
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-08 FAS1364
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 oldings II, LLC
By: b .
Name: awn D. Wilkerson
Title: Manager
NORTH CAROLINA
cck/t� ✓r., 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 Al day of
Q✓� t , 2017.
Notary Public
Print Name: 2?ober4 Lv. q
My Commission Expires: S'a 3 - R%
STAM P/SEAL
ROBERT W. BUdG
NOTARY PUBLIC
Mecklenburg County
North Carolina
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,`vjil�; 8 FA'365
ASSIGNEE:
Unique Places to Save
By:
Name: Erik Lensch
Title: Board Chair
NORTH CAPLINA
1%i�,✓lrl� 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 a act of
the corporation, ���
p the foregoing document was signed and sealed with ���gp�or���al.
Witness my hand and official stamp or seal, this the 9-�-h day of `
�Q NOTARY 0
R� Notary Public=
Print Name: PU B L I C,
h. V:
My Commission Expires: Q0. �-� a c� �COUN
STAMP/SEAL
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