20052146 Ver 5_Staff Comments_20090310

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Natural Resources Planning and Conservation
Linda Pearsall Director Dee Freeman, Secretary
Beverly Eaves Perdue, Governor
March 9, 2009
D 19@fOVLS U
TO: Doug Huggett, Major Permits Coordinator MAR 10 2009
DEW - WATER QUALITY
FROM: Eric Galamb, Stewardship Director WETIWSANDSTORMWATMRBRMW
SUBJECT: Seawatch at Sunset Harbor, Inc. Permit Application
The Natural Resources Planning and Conservation Program within the Department of Environment and Natural
Resources objects to the issuance of the CAMA Permit for Seawatch at Sunset Harbor in Brunswick County
until Seawatch implements its portion of an agreement (attached) signed January 11, 2006 by MAS Properties,
LLC. In this document, MAS Properties (Seawatch) and the State of North Carolina agreed to transfer State-
owned land in exchange for a conservation easement on approximately 470 acres, transfer of Sheep Island to
State ownership, and cash for the area. The state-owned land which was transferred to Seawatch includes the
acres that will be used as the marina in the subject application. The State has implemented all of their
commitments in the January 2006 agreement. The developer has fulfilled the Sheep Island transfer and the cash
portion of the agreement, but has not completed the conservation easement on 470 acres.
This office will be responsible for monitoring and management of the proposed 470 acre easement. We have
been in conversation with Seawatch to try to resolve this issue and believe that they intend to fulfill their
commitment in the near future. However, we would like to see more progress on completion of the easement
donation before the CAMA permit is issued.
I respectfully request that you place this project on hold until the land swap issue can be resolved. Should you
have any questions, please call me at 919/715-8696 or e-mail eric Qalamb ncmail.net.
cc: Ann Matthews, Dept. of Justice
Ian McMillan, DWQ
Kim Garvey, USACE
Noelle Winstead, Cape Fear Engineering
1601 Mail Service Center, Raleigh, North Carolina 27699-1601 NorthCaTofi'na
Phone: [phone] FAX: [phone] Internet: www.oneNCNaturally.orgatulaLLil
A 4 ; AWIF4
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
February 10, 2009
MElk1URANDUM:
TO: i
FROM:
SUBJECT:
Applicant:
Project Location:
Division of Coastal Management
James H. Gregson
Director
Eric Galamb, PWS
Stewardship Director
Dee Freeman
Secretary
boug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Seawatch at Sunset Harbor, Inc.
The project site is located off Sunset Harbor Road, adjacent to the AIWW, near
the Town of Supply, Brunswick County
Proposed Project: The applicant is proposing construct a 267 slip upland marina basin, boatramp,
dock master's office, 4 fixed crabbing docks, roads, utilities and infrastructure, 24
wetland/stream crossings including 4 roadway bridges and 3 cart path bridges.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
03/03/2009. If you have any questions regarding the proposed project, please contact
Doug Huggett at [phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 3 _ eo - p 9 _t ?] J 400 Commerce Ave., Morehead City, NC 28557--3421 One
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.net NorthCarolina
An Equal Opportunity \ Affirmative Action Employer Naturally,
I MAR-13-2007 TUE 02;25 PM FAX NO. P, 13/15
ESCROW AGREEMENT
THIS ESCROW AGREEMENT (this `Aueenlent") is entered into as of this i 3?hday
of January, 2006, by and between the STATE OF NORTH CAROLINA ("Seiler"); and M:AS
PROPERTIES, LLC, a limited liability company ("i3uyer"), and MR, DOUG BARLEY
("EscrowApent").
RECITALS
A. Buyer and Seller entered into an Agreement for Purchase and Sale of Real Property
effective as of January 13, 2006 with respect to the purchase and sale of those certain parcels of
real property known as the "Yellow Banks" tract in Brunswick County, North Carolina.
B. Under the terms of the Agreement, Buyer has agreed to preserve approximately 476 acres
of wetlands on and around the Yellow Banloq tract. Such preservation will be effectuated by the
recording of a. conservation easement shot?rn in Exhibit A. The conservation easement includes a
map and legal description sbown in Exhibits 13 and C, respectively.
C. it is understood by the Buyer and Seller that the Buyer desires to obtain mitigation credit
with the U.S. Autry Corps of Engineers and N.C. Environmental Enhancement Program for
preservation of wetlands on the Yellow Banks tract. Further, it is understood that the Buyer
cannot obtain such mitigation untif it has completed a development plan and applied for permits
associated with development of the Yellow flanks tract. Therefore, Buyer and Seller agree that
the conservation easement will be recorded at such time the Buyer and Seller agree is appropriate
in order for the Buyer to obtain any available mitigation credits with the U.S. Army Corps of
Engineers and Environmental Enhancement Program.
D. The Buyer may require certain minor modifications to the maps and legal description
associated with the conservation easement such as to accommodate roadway crossings or
walking trails. Upon agreement from the Seller, the Buyer may make such modifications to the
maps and legal description associated with the conservation easement.
E. Buyer has agreed to deposit with the Escrow Agent the conservation easement, map and
legal description contained in Exhibits A, B ?,zid C.
F. In order to document their agreements concerning these matters, the parties are entering
into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, Seller, Buyer, and Escrow Agent agree for themselves, their successors and permitted
assigns, as follows;
1. Incorporation of Recitals. The foregoing recitals are incorporated herein and made a
tart hereof to the same extent as if set forth itr full herein.
MR-10172007 TUE 02 , 25 PM r hr, nu `" j
2. Preservation of Wetlands. Buyer shall contact Seller at such time Buyer has approval
to obtain. rritigat on credit for the preservation of wetlands in and around the Yellow Banks tract
from the U.S, Army Corps of Engineers and the Environmental Enhancernent Program. Upon
agreement from the Seller, Escrow Agent shall record the conservation easement with Brunswick
County. In the event that the Buyer does not file a development plan on the YellowBanks tract
or is not required to mitigate for any impacts associated with the development plan, the Escrow
Agent shall record the conservation easement two years from the date of this Agreement.
3. Escrow Provisians.
(a) Buyer has delivered the conservation easement, map and legal description to Escrow
Agent and Escrow Agent hereby acknowledges receipt of these documents. Escrow Agent shall
hold and record such documents in accordance with the terms of this Escrow Agreement.
(b) Buyer shall be responsible for any and all expenses incurred by Escrow Agent in
connection with this Escrow Agreement. Seller and Buyer agree that Escrow Agent shall not be
liable under this Escrow Agreement for any reason except for gross negligence or intentional
misconduct.
4. Miscellaneous.
(a) All notices, demands, requests, consents, approvals car other communications (the
"Notices") required or permitted to be given by this Agreement shall be in writing and shall be
either personally delivered, or sent via facsimile, or by Federal Express or other regularly
-scheduled overnight courier or sent by United States mail, registered or certified with return
receipt requested, properly addressed and with the full postage prepaid. Said Notices shall be
deemed received and effective on the earlier of. (a) the date actually received (which, in the case
of facsimile notice, shall be the date u?facsimile cfr otherwise as aforesaid. (b) three (3) business days
Said Notices shall bes sent
after being placed in the United States
to the parties hereto at the following addresses, unless otherwise notified in writing:
To Seller: Mr. xoseph Henderson
Office of State Property
Mail Service Center 1321
Raleigh, NC 27599-1321
Telephone: [phone]
Facsimile number: (919) 733°1431
To Buyer' Mr. Mark Saunders
MAS Properties, LLC
131 Ocean Blvd West
Holden Beach, North Carolina 28462
C762993,1
MAR-13-2007 TUE 02,26 PM FAX NO. P. 15/i5
with a copy to: Mr. AUck Paul
Helms; Mulliss & Wicker, PLLC
2600 Two Harnlover Square
Raleigh, North Carolina 27641
Facsimile number: [phone]
To Escrow Agent.: Mr. Doug Baxley
F.b. Box 36
Shallotte, North Carolina 29459
IN WITNESS WTILREOF, the parties have executed this Agreement as Of the date first
above written.
13UYER:
MAS PROPERTIES, LLC
By: MAS PROPERTIES, LLC. Its duly
authorized member/manager /`)
tiger
SIELLE ?
STATE OF NORTH CAROLINA
By:, Department of Admijiistration, Office of
State property, Joseph Henderson, Director
13y: c.?
Dian e: .IasePli Henderson
ACKNOWLEDGMENT OF
ESCROW AGENT'
By: Mr. Doug Bp AtG ey at
BY,
Name: Doug.B2ixley
C7621M.1
nAa-13-20C TU U '-u r11

CONSER'VATI()N F,ASF_MF-NT
STATE OF NCtRTII CAROLINA
BRUNSWICK-COUNTY
SFi] Fd Number
prepared by'.-()Mce of ttie Attorney General
pray Control Section
Rot= to, Blane Rice, State Prop' Office
1321 Mai. Servioe Center
Raleigh, NC 27699-1321
?I) (this i`Caasex'vatian ?Easemeut" ,
b MAS PTop ies, L.L.C., a North
TARS CO1wTSERVAIaN I+ASF,1VlENT 200G., Y 131 Ocean Boulevard
Uar
1 "1 th u '° whose mailm addre ?tee").
)Se
made this . ?-- .?Y of JaYi1 ? (Crranto?' )? i4 V?111I Mailing
ted liability oMP to the state of North Carolina, ( eltY C?Ce, 1321
Catalina lirni NC 20462, State Prop tee as used
west, Holden Bead, ent of Adminis tans Grantor and Gran
s. Mss d .sha11 include singular,
address is State of Nom , olina, 2 g 321. The desiPati
Ntasl service Center} artier, thetr'heirs, succes.o
herein shag include said p uired by context.
plural, .maculine, feminine, aT =uter as req
TnSSE'm: 143-214•S et the State
Provisions of N.C- Gen. Stat. § am formerly Imown as the
WEPXAS' pursuant to the stem Enhancement Proms {
rt"
the within t of-??=eat and 'Natural Reun land
of North Carolina has establisbedNtthin the pep n enhancing, creating and preserving
Wetlands Restoration Program ntainings restori rave t of water
ses of acqui duality, Mood
and imp ties; an
ring, the protection
forthepurpo d
and riparian resa ,,,,,that contribute to
uatic habitat, 'wildlife habitat, and recreatto oppart? Co
prevention, f1shenes, aq
WVEREAS n5ervation
, the State of forth Carolina is qualifies to be the Cn'antce of a
ursuant to N.C. Gen. Stat. § 121..-35, and
Easement p in the Deponent of. Environment
the Ecosystem E?-?c??xnent .1'T° ?si?rnen? an,
W-AREAS, approved-acceptance afthi
D Carolina
and Natural Resources has appthe peers North
d and hatutal Resources, t Vv ilmina on
of ?m,
arties in
W'HEREAS' the ep cnt of Enviro tates ecuted by all p
rtn3 ent of Tratlsportatian and 'f AV m, t { A"} Cyorps duly ex
Depa Menmarandum
Distxict entered into a
FAX NO, r uVi5
MAR-13-2007 TUE 02:21 FM
Greensboro NC on July .22, 2003. This MOA recoguizes that the Ecosystem Bnh=cement
,
Program is to provide for compensatory mitigatioa by effective protection of the land, water an
natural resources of the State by restoring, enhancing and preserving ecosystem functions; and
WUEREAS, the acceptance of this instrument for and on behalf of the State of North
-Carolina. was granted to the Department of Administration by resolution as approved by the
Governor and Council of State adopted at a meeting held in the City of Raleigl-4 North Carolina,
on the 8a' day of February 2000: and
-QVgEREAS, Grantor owns in fee simple certain real property situated, lying. and being
approximately
in Brunswick County, North Carolina (the " FroperW ), containing approx --
acres, being more particularly described on Exhibit A attached hereto and incorporated herein by
reference; and
'WHEREAS, Grantor is willing to grant a Conservation. Easement over the herein
described areas of the property, thereby restricting and limiting the use of the included areas of
the.Property to the terms =4 conditions and purposes hereinafter set forth, and Grantee is willing
Easement shall be far the protection
-to accept suoh Conservation .Easement. This t Waterway.
and benefit of the waters of the Atlantio Intracoastal Waterway.
NOW, THEREFORE, in consideration of the mutual-covenauts, terms, conditions, and
restrictions hereinafter set,forth, Grantor unconditionally and irrevocably hereby 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 a described area
of the property, referred to hereafter as the "Easement Area°', for the benefit of the people of
North Carolina., and being all of those tracts of land described on Exhibit R attached hereto and
incorporated herein by reference, ,
The purposes of this Conservation Easement are to-fnaintain, restore, enhance, create and
preserve wetland and/or riparian resources in the Easement Area that contribute to the protection
and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat,
and recreational opportunities; to maintain permanently the Easement Area in its natural
condition, consistent with these purposes; and to prevent any use of the Easement ;Area, that will
significantly impair or interfere with these purposes. To achieve these purposes, the following
conditions and restrictions are set forth:
1. DURATION OF EASEMENT
This Conservation Easement shall be perpetual. It is an easement in gross, runs with the
land, and is enforceable by Grantee against Grantor, their personal representatives, heirs,
successors, and assigns, lessees, agents, and licensees.
.TI. GRA1vTOR. RESERVED USES AND RESTRICTED ACTMTTES
The Easement Area shall be restrict[ from any development or usage that would impair
or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a
compatible use herein, any activity in, or use of the Easement Axea by the Grantor is prohibited
as inconsistent with the purposes of this Conservation Easement. Any rights not expressly
2
MAR-13-2007 TUE 0221 PM FAQ NO, P, 04/15
reserved hereunder by the Grmltoi' have been acquired by the Grantee. The following specific
uses are prohibited, restricted, or reserved as i adicated;
A. Recreational Uses. Granter expressly reserves the ri ;ht to undeveloped
recreational uses, including hildng, bird watching, hunting and fishing, and access to the
Easement Axea for the purposes thereof. Usage of motorized vehicles in the Easement Area is
prohibited, except as they are used exclusively for management, maintenance, or stewardship
purposes, and on existing trails, paths or rands.
B. E,dueatianal Uses. The Grantor reserves the right to engage in and permit others
to engage in educational uses in the Easement Area not inconsistent with this Conservation
Essemeut, and the right of access to the Easement Area for such purposes including organized
educational activities such as site visits and observations. Educational uses of the property shall
not alter vegetation, hydrology or topography of the site.
C. Vegetative Cutting. Except as related to the removal of non-native plants,
diseased or damaged trees, aud vegetation that obstructs, destabilizes or renders unsafe the
r Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or
destruction of any trees and vegetation in the Easement Area is prohibited.
D. Industrial, Residential and -Commercial Uses. All industrial, residential and
commercial uses are prohibited in the Easernmt Area.
E. Agricultural TJse. All agricultural uses within the Easement Area including any
use for cropland, waste lagoons, or pastureland are prohibited.
F. New Construction. There shall be no building, facility, mobile home, antenna,
utility pole, tower, or other structure constructed or placed in the Easement Area..
G. Roads :and Trails. Where shall be no coastruction of roads, trails, walkways, or
paving in the Easement Area. Existing roads ox trails located in the Easement Arca may be
maintained by Grantor in order to minimize runoff, sedimentation and for access to the interior
of the Property for management, maintenance, stewardship purposes, or undeveloped
recreational and educational uses of the Easement Area.. Existing roads, trails or paths may be
maintained with louse gravel or permanent vegetation to stabilize or cover the surfaces.
H. Signs. No signs shall be perrraitted in the Easement Area except interpretive signs
desen'bing restoration activities and the conservation values of the Easement Area, signs
identifying the owner of the Property and the holder of the Conservation Easement, signs giving
directions, or signs prescribing rules and regulations for the use of the Easement Area may be
allowed.
Y, Dumping or Storing, bumping or storage of soil, trash, ashes, garbage, waste,
a] the Easement Area is
abandoned vehicles, appliances or machinery, or other mmeii m
prWbited.
MAR-13-2007 TUE 02:22 PM FAQ NO, P, 05/15
I Grading, Mineral tse, ExcaN ation, .Dredging. There shall be no grading,
filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals, or other materials.
K. Water -Quality,aad Drainage Patterns. There shall be no diking, draining,
dredging, channeling, filling, leveling, humping, impounding or diverting, causing, allowing or
pevaitting the diversion of surface or underound water, No altering or tampering with water
control structures or devices, or disruption or alteration of the restated, enhanced, or created
drainage patterns, All removal of wetlands, polluting or discharging into waters, springs, seeps,
or wetlands, or use of pesticide or biocides is prohibited. In the event of an emergency
interruption or shortage of all other water sources, water from within the Easement Area may
temporarily be used for good cause shown as needed for the survival of livestock and agricultural
production.
L. Subdivision attd.Conveyanee. No further subdivision, partitioning, or dividing
of the Easement Area is allowed. Unless agreed to by the Grantee in writing, any future
conveyance of the Easement Area grid the rights as conveyed 'herein shall be as a single block of
property. Any future conveyance of the remaining; fee simple rights underlying the Easement
Area shall be subject to this Conservation Easernegt. Clrmtor agrees for itself, its successors and
assigns, that in the event it transfers any portion of the Property subject to any of the "15'
Conservation Access Easement" areas described in Section III.A.. below, such transfer shall be
expressly subject to the Grantee's right of ingress, egress, and regress over and across such "IS'
Conservation Access Easement" areas for the purposes set forth in Section III,A,
M, Development Rights. All development rights are removed from the Easement
Area and shall not be transfined.
N. Disturbance of Natural Features. Any change, disturbance, alteration or
irapairment of the natural features of the Easement Area or any intentional introduction of non-
native plants, trees and/or animal species by Grantor is prohibited.
0. Additional Reserved tights. 1+Totwithomding anyddug herein to the contrary,
Grantor expressly reserves the following rights with respect to the Easement Area:
(i) VaWLag 'Trails, Grantor reserves the right to build b'vd elevated,
wooden walkways within those certain 20' .and 30' "Walkway Easement" areas shown on the
following recorded plats:
(ii) Observation Gazebos. Grantor reserves the right to build elevated,
wooden observation gazebos within those certain ° by "Gazebo Easement" areas
shown on the following recorded plats: The parties aowledge
and agree that, subject to receiving written approval from the N.C. Ecosystem Enhancement
Program, Grantee intends to locate additional observation gazebos within additional Gazebo
Easement areas in the future.
(iii) Piers. Grantor reserves the right to build 6' wooden piers within those
certain 20' `:Pier Easement" areas shown on the following recorded plats:
MAR-13-2007 TUE 02!22 PM
FAX NO, r, uui ?
from the abave restrictions for goad cause
The Grantor may request permission to vary of this Conservation
shown, provided that any such request is consistent with the P uses
Easement. The CYrantor shall not vary from the above restrictions without first obtaining written
al from the N.C. Ecosyst Enhanccnient I)Togram, whose mailing address is 1652 Mail
aPprov
Services Center, Raleigh, C 27644-1652.
W. GRANTEE RESERVED USES
.A.. Ingress, Egress, Regress and Inspection. The ltsemsploy regrmd
agents, successors and assigns, .reserves the p?:rpettral right ingress, of general Consexvatian Access Easement" areas
to the Easement Area over and across those certain " I at reasonable times to
shown. on the following recorded plats, _. ? e , and ', monitor the wetland and
undertake any activities to restore, manage,
riparian resources of the Easement Area, in accordance with restoration activities or a long-term
set forth in this ?;pnservafion Easement, the
management plan. Unless otherwise specifically
rights granted herein do not include or establish for the public any access rights.
B. Restoration' ACti'viti..es. These activities within the Easement Area include
wells, utilization
planting of trees, shrubs and herbaceous vegetation, ail?sm??? tion of the hydrology of the site,
of heavy equipment to grade, - fill, and prep
and installation of natural acrd manmade materials as needed to direct in-stream, above ground,
and subtetraneous water flow.
rV'_ ENFORCEMENT AND REMEDIES
To accomplish the purposes of this Conservation Easement,
A, Enforcement.
ee is allowed to prevent any activity within the Easement Area that is inconsistent with the
Grant iestoration of such are" or featwes of the Easerneat
purposes of this Easement and to require the
activity or use UPoa any breach of the tens of this
Area that may have been damaged by such activity that comes to the attention of the
Conservation Easement by Grantor, their successors or .assigns, the Grantor, their successors or
Grantee, the Grantee shall, except as provided below, notify di
of such breach. The Grantor shall have ninety (go) days after receipt of such
as sips wring
ate a ?'
notice to correct the conditions constituting such Co ach• If nservation the breach Easement ?re 1??xxy ains aPpropruncut legal
ninety (90) days, the Grantee may enforce this the
s including damages, injunctive and other relief. The Grantee s spa anent e the
proceeding
power and authority, consistent with its statutory authority: (a prevent
Easement Area by acts which may be unlawful or in violation of this Conservation Easement, (b)
Easezn otect its interest in the Property; or (c) to seek damages from any
-to otherwise preserve n pr the Grantee reserves the immediate
appropriate person or entity. Notwithstanding; the foregoing,
restraining order, injunctive or other appropriate
right, without ponce, to obtain a temporal
ef if the breach of the term of this Cc:rnservation Easement is ar would irreversibly' or
reli ed from this Conservation Ea_&ement The
otherwise materially impair the benefits to be deriv
circumstances damage to the Grange would
Cr=tor and Grantee acknowledge that under such and remedies of the Grantee
be irreparable and remedies atnaw ?lon to landgnat i The lights , all other rights and remedies
in
provided hereuzzder shall be
available to Grant= in connection with this C'anservation Easement.
` MAR-13-2007 TUE 02:23 PM FAX NO, P, 07/15
B« Inspection. The Grantee, its employees and agents, successors and assigns, have
the right, with reasonable notice, to enter the Easement Area ovor the Property at reasonable
times for the purpose of inspection to determine whether the Grantor, their successors or assigns
are complying with the terms, coinditions and restrictions of this Conservation Easement.
Acts Beyond Grantor's -Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee to bring any action against Grantor, then
successors or assigns, for any injury or change in the Easement Area caused by third parties,
resulting from causes beyond the Grantor's control, including, without limitation, fire, flood,
storm, and earth movement or from any prudent action taken in good faith by the 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.
D. Casts of Enforcement. Beyond regular and typical monitoring, any costs
incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, their
successors or assigns, including, without limitation, any costs of restoration necessitated by
Grantor's acts or omissions in violation of 'lhe terms of this Conservation Easement, shall be
borne by Grantor.
E. No ''W'aiver. Enforcement of this Easement shall be at the discretion of the
Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the
event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee.
V. MISCELLANEOUS
A. This instrument sets forth the entire agreemeat of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements Telating to the Conservation Easement. If any provision is found to be invalid, the
remainder of the provisions of the Conservation Easement, and the application of such provision
to persons or circumstances other than those as to which it is found to be invalid, shall not be
affected thereby.
B. Any notices shall be sent by registered or certified mail, return receipt requested
to the parties at their addresses shown above or to other address(es) as either party establishes in
writing upon notification to the other.
C. Grantor shall notify Grantee in writing of the name and address of any pasty to
whom any of the remaining fee simple rights underlying the Easement Area are to be transfined
at or prior to the time said transfer is made. Grantor fiuther agrees to make any subsequeat lease,
deed, or other legal instrument by which any portion of the property that is subject to (i) any of
the Easement Area or (ii) any of the '1.5' (,onservation Access Easement" areas described in
Section III.A. above expressly subject to this Conservation Easement and/or such "15'
Conservation Access Easement" areas, as applicable.
D. The Grantor and Grantee agree that the terms of this Conservation Easement shall
survive arty merger of the fee and easement interests i a the Property or any portion thereof
MAR-13-2007 TUE 02 24 PM FAX N0. P. 08/15
This Conservation l-asement InaY be amended, but only in a writing signed by all
this
pasties hereto, aem provided eof the Grantee under any applicable laws, qua-lification
consistent
Conservation Basement or the status
with the purposes of the Conservation Ease-moat.
F. The parties re,009Mze and agree that the benefits of this Conservation. Easement
are in gross and assignable provided, however, that the Grantee herehy covenants aid 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 § 110(h) of the
that the term of the
Internal Revenue Code, and the Grantee fi?rther covenants and agrees
transfer or assignment will be such that the t -ansferee or assignee will be required to continue in
perpetuity the cowervation purposes described in this docment.
G. The parties agree that Grantor shall have the right to receive any and all local,
-state and/or federal tax credits, deduotions or other tax benefits available at law in connection
with this Conservation. Easement,
VT. QUIET ENJOYMENT
Grantor reserves all remaining rights accruing from ownership of the .Property, including
the right to engage in or permit or invite others to engage in only fhose uses of the Easement
Area that are expressly reserved herein, not prohibited or restricted herein, and are not
inconsistent -with the purposes of this Conservation Easement, Without limiting the generality of
the -foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and
licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the
;ernent Area.
TO HAVE AND TO HOLD the said rights and easements perpetually unto the State of
North Carolina for the aforesaid purposes.
AND Grantor covenants that Crtavtor is seized of said premises in fee and has the right to
convey the permanent Conservation Fasement herein granted; that the samo are free from
encumbrances and that Grantor will warrant Ind defend title to the same against the dlaims of all
persons Vhomso ever.
1N 1ESTiIT'gONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
11'IA.S PROPERTIES, L.)L.C.,
a, North Carolina limited liability co (SE-A-L)
By. ?i , S n
Name: Mar
Title: e b2r Ma aoer
LIAR-13-2007 TUE 02 : 24 PM FAX NO, P. 09/15
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I certify that the following person personally appeared before me
this day and acknowledged to me that he voluntarily signed the
foregoing document for the puxpo5e stated therein and in the capacity
indicated: Mark A. Saunders, as Member/Manager of MAS Properties, a
North Carolina Limited Liability company ("the Company"), as and for
the act of the Company.
DATE: 1-11-05
Official ,?•t.
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Notar Printed or Typed Name:
Nancy E. Forrest
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My Commission Expires: 5-3-2008
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