HomeMy WebLinkAbout2003 S ERCD - Jeffrey and Angela Fisher Acceptance of Conservation Easement Assignment from the Triangle Land Conservancy21111111111111111111111111111111111111111111111111111
/~ Bk:RB3831 Pg:387
ll 08/08/2005 12:42:55PM 1/6
~,~ /x/03
g-~.
FILED Joyoe H. Pearson
R®&tater of Deeds Oran e
• 9 COUNTY, NC
Mail after recording to: Lana Armstrong, 1011 W: Abberley Lane, Apex, NC 27502
Instrument prepared for Clean Water Management Trust Fund by Lana Armstrong and
Guenevere Abernathy
PIN: ORANGE COUNTY PIN 9891916210
~~
STATE OF NORTH CAROLINA
ASSIGNMENT OF CONSERVATION EASEMENT
COUNTY OF ORANGE
THI~(ASSIGN ENT OF CONSERVATION EASEMENT ("Assignment") is made on
the ~ day of 2005 by and between the ORANGE COUNTY, NORTH
CAROLINA (" oun ' or "Assignor") a body politic and corporate, a political subdivision of
the State of North Carolina, with a mailing address of P.O. Box 8181, Hillsborough, North
Carolina 27278, to and in favor of the STATE OF NORTH C~iROLINA, ("State") State
Property Office, Department of Administration, 1321 Mail Service Center, Raleigh, North
Carolina 27699-1321 acting by and through the NORTH CAROLINA CLEAN WATER
MANAGEMENT TRUST FUND ("Fund"), 1651 Mail Service Center, Raleigh, North
Carolina 27699-1651.
WITNESSETH:
WHEREAS, Triangle Land Conservancy, a North Carolina non-profit corporation and
the Fund have entered into a Grant Agreement identified as Grant Agreement No. 1997B-009
and dated the 1sT day of May 1998, providing for the purchase of a Conservation Easement over
20050808000282540 ERSE
Bk:R63831 Pg:388
08!08!2006 12:42:55PM 2!6
property identified as the "The Fisher Tract" and more particularly described in Exhibit A
attached hereto and by this reference incorporated herein (the "Easement Area") with financial
assistance being provided by the Fund.
WHEREAS, pursuant to said Grant Agreement, Triangle Land Conservancy has
acquired a Conservation Easement over the Easement Area, which is described in that certain
deed recorded in Deed Book 916, Page 64, dated June 10, 2001 and illustrated in the plat
recorded at Plat Book 57, Page 3 of the Orange County Registry, Hillsborough, North Carolina.
WHEREAS, in furtherance of the terms and conditions of the Grant Agreement, Triangle
Land Conservancy has assigned its right, title, and interest in the Conservation Easement to
County, and County has agreed to this Assignment.
WHEREAS, in furtherance of the terms and conditions of the Grant Agreement, County
desires to assign its right, title, and interest in the Conservation Easement to State, and State has
agreed to this Assignment.
NOW, THEREFORE, in consideration of grant monies paid by Fund to Triangle Land
Conservancy; the mutual benefits accruing to State, Assignor, and the public from the
Conservation Easement herein referenced and assigned, and other good and valuable
consideration, the receipt and sufficiency of which are herein acknowledged, County hereby
conveys and assigns to the State of North Carolina, acting by and through the North Carolina
Clean Water Management Trust Fund, all the right, title, easement, privilege, interest, (and
subject to all conditions therein contained), in that certain Conservation Easement conveyed to
Triangle Land Conservancy by Jeffery and Angela Fisher dated the 2°d day December, 2003 -and
recorded in Deed Book 3281, Page 168, Orange County Registry, which said Conservation
Easement was subsequently assigned to County by instrument recorded in Deed Book 3281,
Page 188, Orange County Registry. However, County hereby expressly reserves from this
conveyance the nonexclusive rights initially acquired by the Conservation Easement to
monitor, observe, access, and enforce the Conservation Easement for such purposes as
described in said Conservation Easement and Grant Agreement.- Furthermore; County
reserves those rights contained and set forth in Article II, B. and C. of the Conservation
Easement.
TO HAVE AND TO HOLD. the said right, privilege and easement herein granted and
assigned to the State of North Carolina, its successors and assigns in perpetuity.
AND THE ASSIGNOR covenants that it is properly vested with the Conservation
Easement; has the right to assign the same to State; that the Easement Area is free from
encumbrances, except as maybe expressly excepted to by the terms and conditions of the
Conservation Easement; and that Assignor will warrant and defend title to the same against the
claims of all persons whomsoever.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. THE SIGNATURE
PAGE FOLLOWS]
2
20060808000282540 ERSE
Bk:RB3831 Pg:389
08!08!2005 12:42:55PM 3!6
IN WITNESS WHEREOF, ORANGE COUNTY, has executed the foregoing in its name,
signed by the chair of its Board of Commissioners with proper authorization by its Board of
Commissioners, the date and year first above written.
ORANGE COUNTY, NORTH CAROLINA
By: _.
Moses Carey, Jr., Chair
Orange County Board of mmissioners
ATTEST:
Donna S. Baker
Clerk to the Board of
Commissioners
NORTH CAROLINA
COUNTY OF ORANGE
I, ,~~=u-(' a Notary Public of the County and State aforesaid,
certify that Donna .Baker personally came before me this day and acknowledged that she is
Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority
duly given and as the act of said County, the foregoing instrument was signed in its name by the
Chair of said Board of Commissioners .and attested by her as Clerk to said Board of
Commissioners.
Witness my hand and official stamp or seal, this the ~ day of ~ , 20 ~f.
~ ~ ~~
Notary Public
My commission expires:
[Notarial Seal]
r ~:
~~/
~ Unt p
~o~..
~o\
\~` ~
off'
®~,\
~~
ill '~
~~fi~'
far
Joyce H. Pearson
Register of Deeds
Orange County
North Carolina
200508080002@2640 EASE
08/ 06/R200 832 : 42955PM~0 4! 6
.State of North Carolina, County of Orange
The foregoing certificate(s) of EVELYN M CECIL, NOTARY PUBLIC for the Designated Governmental
units is/are certified to be correct. See filing certificate herein.
This day August s, 2005.
Joyce H. Pearson, Register of Deeds
BY:
Deputy /Assistant Register of Deeds
Yellow probate sheet is a vital part of your recorded document. Please retain with original document and submit for recording.
20050808000282540 EASE
Bk:RB3831 Pg:391
08!08/2005 12:42:55PM 516
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
The foregoing certificate of ,Notary Public, is certified to
be correct.
This day of , 2p .
Register of Deeds
4
20050808000282540 EASE
Bk:RB3831 Pg:392
08/08/2005 12:42:55PM 6/6
EXHIBIT A
The "EASEMENT AREA"
BEING all that certain area of land described as "Conservation Easement" containing 1.17 acres
comprised of Tract A containing 1.12 acres and Tract B containing 0.05 acres, all as shown on the
survey entitled "Conservation Easement for the State of North Carolina, Clean Water Management
Trust Fund and Rebecca Hall Brown" dated October 24, 2003, prepared by The John R. McAdams
Company, Inc. and recorded on October 24, 2003 in Plat Book 93, Page 42, Orange County Registry.
Together with the right of ingress; egress and regress over, upon and across the Property to and from
the Easement Area.
1sg:orangecounty~ASsigmnt of Brown CE by Orange to State rev by GEG.doc