Loading...
HomeMy WebLinkAboutAgenda - 05-08-2002 - 9a I ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 8, 2002 Action Agenda Item No. 9-0 SUBJECT: Agricultural Conservation Easement f The Warand'a Cauldron DEPARTMENT: Economic Development PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Dead of Conservation Easement Dianne Reid, ext 2326 Map (Under Separate Cover) TELEPHONE NUMBERS: Hillsborough 7324181 Chapel Hill 9684801 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To accept the deed of easement(smashed)which grants a perpetual easement to Orange County so that, in offset, all non-agricultural uses of the property will be owned by the County and the amount of impervious surface available in the two-acre easement property can be transferred 0 and used with the adjacent industrially zoned property to enable the Wizard's Cauldron tc complete its plant expansion at 5411 Highway 86 North in Cedar Grove, BACKGROUND: In 1986, John Troy started a bottling plant in Cedar Grove and launched the Simply Delicious band of sauces and dressings. The bottling operabon is currently housed in an approximately 6,000 square foot structure. The total tract on which the plats is located is 4.96 acres, including NO 86 nghtof-way. When the business was originally established, zoning was not in place in Cedar Grove Township. When the area was coned in 1991 the pamel was split into two different zoning dassifcations. Because this tract is not located within an Identified Commercial or Industrial Node, the front 2 7-acre portion of the Property was classified as Existing Intluone, The rear portion of tha property(with 2.26 acres)was zoned Agricultural Residential. The Watershed Overlay District is South Hyco Creek Protected Watershed, which has a 12 percent maximum impervious surface limitation. The plant,as of April 2002, employs thirteen full time staff. Starting pay Is$8.00 per hour, with average pay well above that. The company currently makes over one hundred private label and store band sauces and dressings for the organic toed trade. Customers include: Whole Foods Market. Moosewoo l Restaurant, Premier Japan, Simply Delicious, Mr. Spice, Rainforest Organic,Albert's Organics and Dr.Atkins. The company expects business to triple over the next 36 months. The organic market is growing faster Nan any segment in the food industry, and the Wizard's Cauldron is poised to take the lead role in the processing of certified organic sauces, condiments and dressing. In z ' order to accommodate growth, the Wizard's Cauldron needs to add 2,500 square feet of additional production space within the next year. However, the addition would cause the plant 0 exceed the impervious surface cap for the Industrially zoned parcel. County staff, including personnel from the Planning, Economic Development, and Environmental Resource and Conservation departments, have worked with the company and aHOmeys for the company and the County to develop this solution,which grants a permanent conservation easement to Orange County on two acres of the residentially zoned parcel. The only nonagricultural development rights retained by The Wizard's Cauldron is the amount of impervious surface available in the easement property, which can be transferred roan used with the adjacent indus triallyzonetl property_ The Countysacraptance of the deed of easement will enable the company to complete its plant expansion while xsr etually preserving the adjacent property for agriculture. FINANCIAL IMPACT: There is minimal direct financial impact in accepting the easement; existing staff of Environment Resource and Conservation Department will provide annual oversight and stewardship responsibilities for the easement. RECOMMENDATION(Si The Manager recommends that the Board accept the deed of easement and authorize the Manager to execute the deed on behalf of Orange County as grantee. 1 Prepared by and mum to: D Nimfoe]Parker,P.O.Rex 100,Hillsborough,NC 2]3]8 S'fAIE OF NORTH CAROLINA Taxmep Parcel COUNTY OF ORANGE DEED OF AGRICULTURAL CONSERVATCON EASEMENT This Deed ofAgr oulmral uascrvation Easement l^Eaaemrol^)is panted on Flats day of 2001,by THE WIZARD'S CAULDRON,LID.,having so address of 8411 N.C.Hwy 86,Ceder Grove,WC 27231 OCtmnw"),to ORANGE COUNTY,NORTH CAROLENA,having an address ofP O.Box 8181,FLllsborough,NC 29298("Gmntee'). WHERBAS: Grantor u Ow sole owmr m he simple,of certain Gres Property,vwte parhoularly described in Exhibit A,attached beato and mcogwrated hemin(the"Property'9 wMeb comatose ofapproximaesly 2,00 acta of land,Iacatd in Cedar Chuve Township.Orange County,North Caralim and identified as"Conservation Fascment'on the plat ofpropetty catiaed°PROPERTY OF MR WIZARD'S GIILDRON"ptepattd by ENT Land Surveys,Inc.which plat is reeoMCd at PlatBork ,Page ,Oran'Cotwry ReNsty. The Property consists prmartly o[productivea roratural lend currently under Cultivation.Itts the primary pmpow of this basement to pmteot the agricultural soils and viabJiry and prvdudiviLy oClhe Poperty. The agticWUVab resources of this Propnry are refened to as the"conservation wlues'of the Popery. The GrarRm and Grantee apse that the current aPncWnirel use of Phu Property ate aurisawnt with lW umarnatiun purpwcs of this Ees®ent The Oration intend Ills)We conservation calms of file Property be preserved and maintained,end further,Greeter intends convoy to Uar Groaxa;the right to ywerve and protect the agricultural and oWet'consery non values of the PropnTy in peryetuiry. The conservation purposes of this Easement am recognized by,mW the grant of this Easement will serve,the following ulumly dcllneated govemmenfsl conservation policies The Pvmdvnd Pofzctiou Policy Act,PL 97-9 8,I U S C Sectim4201,et sr,.,whuau purovin as mvti =the extent to wWch Federal programs sued policies continues an the unnecessary and irreversible conversion of farmland to uses,and W assure Nat Federal prosama arc adminisad in a nusainer that,to the edmt pmoaicvblq will he compatible with State,wit of local government and private progrems and policies to protest fmmlerm; North Carolina General SwNte 139-2 et set.which provides that"it is hereby declared ..mat the firm,forest and grating Inds ad thu State of North Contrast are among the basic assets of the State aM the preservation of these lands is necessary to protect and promote the laalth, safxsy and gvavTdl welfare ofits prople—it is hereby declared b he the policy of the legislature to provide for the cnnwrtadnn of the sort and reamvicea oftms State:. Nwth Carolina Geoeml Aside 106-583 a acq.wbich states tbm'•It is declared to lustre Policy Of the State of Nei( im Is promote Me efticimtpaduetioo and utlllcowwu of Me products of Om said as essential to the health and welfare of our people and to promme a stand andpmspern f s ad icultore and=1]Me as indispensable to the Maintenance of maminuor freawaty" The Stace Abionb Carolina his iuddisimd the created of Conservator Inconstant pwsuant to the terms of the North Carolina COnsavaoon and Arcane Preservation Agremuents Act,N.0 6.5. 121-34 et.seq.,which provide for enforceability of reeMCtioru,camments, ratiumruts or conditiof a"aPWOFthace N reasoning land or water areas pedonmumdy N their ng,memo car West conaitonm It agricultural,botoeultmal,farming,an Grtcet fees, road Which provides for tax assessment of lands subject to such agreements"on the haws of Me one value of the land and improvements less any reduction in wood cat and by the egretmmt";and the Grennn and Ganwe wish to avml themselves of this innovation of chat law. tone Orentee is a body politic raising ander Chapter 153A of Me North Curolina General Stituta,and is qualified to held Estimation under the applicable laws of the State of North Curolinq NOW,T}G12EFOIIE,for toe rdasanm gram,and in codsidami n of facts mutt invasion,cents,constants and restrictions Granted herein,the potatoes agree as follows. I.Grant ofAgru schasrN Hammer fortune hereby voluntnnly gmns and conveys to the Gwten,and the Genie hereby vol antibody accepts,a Informal A®rcultunl Conservation Easement,an immWiatcly vested interest fir real pmpetry the rmtme and diameter de bed bnein.Chatter proof sea that it will nth perform,nor lmnwingly allow othas to perform any ad an w affnwag the property that is inodinstmt xgth Me converting factor Cantor ar horrors the Gmnee to erJorce these covenants the manner dcacnbed below. 2.Statement ofPuarsom It Is Me priority pmppm of Wile Aeriuchuml Canearvatioo Easement to table the Property to excess N agroMand me by prewrvwy atdpmtecting In agricultural mils and agieultmal viability and productivlty.No act f rrt who of shell eiphcrintly brpair the nothal or proemial agncultarel am of Me Propnry shall be perform,To Use eroent Nat the pteservatinn and protection of the trusts,hiswric.recreaowal,babiwt fr minor values rehionred in this Easemeatme consistentwi h Me primary perforce aid slave,ltla wltMn Me purpose oftltls Eisemwt to aim pander those nation,and no aGrvlty watch shall significantly impah from value;shall be pemmred. 3.klgba andSedavedbl draw eeemned by Gramm NotwiNSmnduug any provrvma ofrlos Easement tithe ewrtrrry,Me Gnrrtm reserves Is amt an itself and its contains all customary,rights mud peivilecies of ownership,including toe rights b act 1,1nor,and devise the froward,erg obor with any nails not star i0 doly pmbihom by or handled by has Easemmt,expressly including Me impervious madfase rights pmaming to them ymthosengWsafedclaminedbythe Plmning Departmentof(hanwepursuantti Gran�9 zimingnDtinconsisfm[wiN the StahmmtofPUpauberein Unless Mhenvrse specified below,noMbug inttds Easement shall aquas tluc Grmrotor w rake any active to reatwe 5 the condition of rho Property alla my AG of Con another cveM over which duy,bad no emwol. GmnwwMSnnds Nat selling in Nis Dced rehowes it of any ndiganon or resfnebm on the use of the Property imposed by law. 4.Right to Farm Gmnwr mains the right to fain,or to permit others to farm the present consistent with the can wrvation values of the Port amt in accmdaucc with applicable lewd,state and federal laws and regulations_ 5.Righl to Privacy manner at sit the night to privacy and the right to exclude any mmtber of the public from tmpaaeing on the Prepare. 6, Righr to Use no,Pr000ty)pr LSastamaryRwal Hrrt prises (kmttm maws the right to use the Properly for othaa.'ne lawful and customary bona fide had proposes. ].Proredurc to Counuct Buildings and OtMlmprovemena The Citation fray tat constrict any buildings on other drowevemans w the Property isithoul the express p®ission of the Gotna. B.SRDdItKSfon The legal subdivision of tie Property,recording ofa obdivisim plaq partition,or any other division of the Properly wte two mane cartels,is prohibited without the advance whiten permission of the Genre.TMs prthibiM1an applies regardless of how marry separately described parcels are returned in the lot dcmriplion adsorbed w Exhibit A.The Grantee shill not give such permission,udess the Canter doestra es fast the proposed subdivision will not substantially diminish or impair the agricultural viability or covsavation values ofthe Pmpcny. siArita may give on withhold is partitionist in its discretion and solely in its capacity as owner of Me umeerva[Iw wsem®t ntheProperty. It is narrational that notice o[Ike Pss®rot rollbe recorded on any approved subdivides,part weal m otbervnx divided[parcels. 9.ConservatonP wssvoo All farming specimens shall be conducted in aroamer statement with a from conservation plan prtyarwl by the U.S.Defici t of Agriculture,Norval Rworries Conservation Service,min successor,m M matter qualified conservation professional approved by the Gower.This plan mall be and need periowcally,and in any event at the time the bas¢type of agricultural opals am on the Property changes m at the time ownership of the Ptaperga changes.All intoning mormains shall be in accordance with all applicable federal,stole and local laws.Under no ehcumstmces shall there be any inaonse in vac or none to robust an - factory gape limn bank rommucas ctmactesizetl by Iho mountains;confinement of livestock in confined for the propose of raising,feeding and damning for market,nor skid my daughtmand fircuries or hug operation be allowed. 6 Thu laadapplicatim mart andplacemeut onthe Pmpaty of domestic septic clilucnt and muvlelp il,wmmczcial or industrial sewage sludge or liquid gmemdcd from such sources fm agricuFm it Purposes may be deduction only with the wtittm permission of Nonce and may if in accordance with all applicable federal,slate and local laws and regulatma. 10.Forest Management Tres may bee oved,Out and otherwise managed to control insects and forms,b Percent personal injury and property damage,for firewood and other uses,including construction ofpamiled impmvemmts and barred on We Pmpedy.My other cutling,removal or harvesting of trees may is undertaken only if the propose is for claiming based fm cultivatiae m use by livestock mditisfn a000rdanrewiM m&mthumensevalminiolim referenced in Pemgarphl) hadn or a forest management plan prepared by a pmfeesimml finestu. 11.Mining The mimng a extraction of soil,sand,marvel,reel,oil,natural gas,met or my other mineral substance,using any mi Nat disturbs Mc surflor ofthc land,is urohibibd witboot the advance wntlm piu msaion Of the Grouse.The Chance shill not gve such gandaeim,unions the Crashed determines flat me proposed mining or exeno on will nor substantially dimwsh or impart Me aooservetim values of the Property. Natwid tmrdimi,my other provision of may Canna t,no more of me property may be Drummed by calling m other earmctive ardvldea as may be memorably necessary and incidental m carrying out do improvanents and commercial uses pmmdsd ontbe property by this Easement.Such ardviues are pemrised only to the extent deny are inersimint wiW Normal Revenue Code Sections I70(h)(5)add(6)and Treasmy Regulation Section 1.170A-14(g)(4)and Stab law and orange County coning mormon control and other applicable regulations. 12.Paving command Coruwc6on Subject to regWatone for comments surface commitment consvuctim and comment ofm paved from roads that may be reassembly necessary nd incidental m carrying oar the impmvementsandusesp lm dmthe Pmuedybysbis Easementarepermitted. Noportionof owROperde Shallbayavadorvanceeaeavereduah of omen.manyrtherimallnot owing such fmal,ownusleas beGmemmittenpaminsim i me CIIankO.curs Ganda stroll not Of me gave orthplocati ovrmess the(homel notsubsetatthe prtryretopaving,orcovmngation moil, s Me location of any suchxmd.will not subsantiilty mount sit or impeir the conservation viluce d[tm Wopaly. 13.Dumping rod Train No manly refuse,vehicle Not or parts,rabbiah,debris,junk,waste,redimetve or hvardous waste,shall be placed,stored,durn d,hied or perminai to remain on Nc Property, cxcW as insensibly requi red far the use of the Properly for atmoultur azdivitia,and except sa ra accordance with applicable local,aims and federal laws and regulations.The aamge of mgtculWml products,boundaries and agricultural clinometer rm tee PlrpMy,w long an such smnge is done In accordance verb all applicable programme laws and regulations,is pmmltl 1. 10. Water Nights (frontier wall coupon and reserve the right to use my appunewnt water rights sufficient to maintaiathe agricultural productivity of the Property ametm well not trmsCer,mewtber,lean, sell croffieryme separate such water rights from title to the Property itself. 15. .Seemo UisWS'al Righb For egrledtupdpiapuaes and uses and no wbor,Grenw resource Jwpight to use the Property,for an on-ute swage disposal system fmthe purpose of eating amsttuating, installing Preparing wed fis callur using,updating,managing,proposing,Mapping,replacing andimpeovinga geundahaprptipn sewage dimmed system. Intheevenly the and wmhis Wiurd wom bon and amigos a title use the Pepe pr pe such lampwed Mm and d,om evend any reowdt anorytipu ewogr replaced accused in ammlbeessoom c;laab off Nowo, ointnined, am repon he and,if County Health tWlawd all in zoemda ssembl ohs lame thrall Sizte ufNmW Oam�a andthe Gauge Cowry my be and rom a now midamage shall result hatnonnow ofth< wn:8ysWm.b m such system ecaumay be a ctr fm the use vowmadeja and any a Pr p rim now fide farm uce to be made of[M existing mauptrially,zoml pmpsty,adjacent m the Property. 16, Ongoing Responsibilities ofChance and Gramme Other thou as specifidi Mom,this abortion is apt mounted w impose my legal or other mbopores3ility,on me Grantee,or In any way to agent pay existing obligation of the Cbmtur as owner sl the Property. homing other things,this clall apply im (m)l vs,—Yhal3rentmr shall motive to be solely responsible for payment mall tuns and mussimeRS levied element the Proury If me Gmpae is ova rebored to pay any today or auessments on its interest in the property,the(Fewer will reimburse the Grouse for the same. (tcUpkeepandMain(manse—Thefirmtoraballcmdnaewhewielyreap Mblefm Me mklh and o obligation of de,property,to the interference maybe tp uGedby law.The C»soke - shall paw ue obllmtimf Nc uPkcW amaintomoeo(IhclTmepy. (J GaMlle,and GNemnifirnton—Chanter agrees to deformity ana hold Gantx homeless them my and an coup,claims or FaMtlty,including hour not limited in reawmme tmme3%frep mishng Gam my per mpal mury,weeiawts,veghtwow an emotions raising W tow Property,or my claim thereof,pulses due to the vegligwce of Grantee an its agars,in which sae liability shall be opportunities aarmdingly.In address.Ginter ogees to common on liability imunionced mounting the Property,with the boom as folleavy$300,000.00,8300,000.10 and $300,000,soul wamcn that Gratee is and will remain a named insured on GnMOr's Property m pnlici ven'ng the Property. Geo or Ball provide OmaleewiNaoeNLoaR O[ eragc w the effective daft ofthis Easement and widtin 10 days ofeacM1 insurmce renewed dvreV 17.Delalopmew Rights Exonn w had Except as pharisaic reserved W the thanmr in the Famdm the parties ogee that all development rights appointment to the Property are:herebyrelmsed,ramimted and extinguished, and may net be vied an or trowfared to pars portion often Precocity as it now or hereafter may IN lippecal or desrnlod,or to any other prmaty adjacent or ioM1awise,nor own for the pmposc of calculating permissible lot yield of the Property or my other property. a 18.Efrrcemum With reasonable advance notice to the Chmto,the Garter shall have the night to enter the Property fm the propose ofiV Spector g fm complwnce with the trees of this Pasement The Grantee shall have the right m prevent violations and remedy violeHOns of the teems of his Easement through j chew I action,which shall include,whmmt limitation,the night to form proceedings in law or in a turty against any party or parties attempting to violate the terns of this Easement Exempt whom an unionism,miuunuimt violation could irreversibly diminish or impair the incursion on velure of the Property.the(moved abort®ere the Grantor wtittrn notice of the violation and Nirly(30)days to cut.the v idlemrn,begins immersing any legal persimmons.Is a coup withjunsdiction constraints that a violation may exist m has recwtM.the(hvrtee may rbuNen injmcnmer atop hie violation,mmpomtay m pesmmmtiy Lheparties ogee theta courtmay issuem eso ctimmcodarequiring lde Granteetoay here the Propertybits a anytoprimer to court finds as connotation ifirlonofNs recent Moody may becuugly appropriate remedy. ha me,case white a cues finds mat in suppose; the Gcmmr shall reimburse the limited to rats its nable wos cored Tic balance ondeGrancorrosion g to discover a imladingbut not goes limircdmregal soedmail no him Thefailureogres Grantee to In smadon mtorake vnds no suchviaction shallcIXbed,each parinaw&elutes nine nco any mss where warm fink no snchtiolatien leer oeermed,each party shall bass its awn mods. 19.TYn f ofEaaemmi The Gramme shall have the tight to manager the Easement created by ma Deed to any public agency or private urephufit optimization t hat,at the time oftrutsfer,is a qualified organization undo Section I70(h)of the U.S.Interval Revenue Code.as mantled and order NCGS 12134 m seq.,provided the agency orexpatiation axpresslymist to asswmeme respom fiflity imposed on the Gmnix by Nis Deed I(Ne Cmntee over ceases to exist ore Tanga qualifies andm Section 170(h)ofthcU.S.Intemd Revenue Code,or applicable once law, a onus wigh jariseemon shall trenafer this Panamint to mother qualifM organization having similar purposes Out agrees to assume the rom mindity imposed by this Eesemmt. W. Trams fProPertY The humor agnca to incmpomce by refamce the hams of Us Eesmumt in arm do d or other legal amendment by which they transform ductal down OfYet of my interest,including leasehold waters,in all m aposlon of the Propesy TM Grditor shall notify the Gnmlec in witting at lout duty(3 0)days before conveying the Property,or any part thereof or moment therein.Pailms of Grantor to M so shall not impair Nc sa iody of this EascmtM or limit its mormability In airy way. 21.MImpMeiu afEmxmme This Comment may be mantled only wim the written muscat of me Glucose and Its Chanter.Any such amendment shall be command with me Statement of purposes of this basement and with as(9rnntme's Easement mendment policies,at shall comply wild Section 170(h)of the Internal Revenue Code m my regulations premulgaled in accordance with that xctim.Any such menldaomt shall be Lady recorded. 9 22 Po duremtire Even fTerminmlon fF¢semM If it determines conditions mm surrounding the Property change an much that it beomnw Impossible to fulfill the conservation proposes of Nis Easement,a on fir with paramecia may,At the poor request of both the GreMOr and the 0anteq terminate or modify the lwormart created by thiskeed A mcordmce with applioablo slam law.IF the Epicmonl is terminated and the Proper ly is sale Nw as prepared by Svot on 1.I 90A-14(g)(6)of me AS publiatiwms,eta Grmlxe shell he nntled to a percenmge of the gross sale proceeds equal to the ratio of me Appraised some of this Easement to the incriminated fair market value of the Property,as rhea values me determined on me dole of one Easement,subject W any applicable law which expressly provides far a diffearm disposition of lho pro o eds.The Granter she0 use its puaceode consistently with the general conservation proposes of this Easement All hnvination related expresses national by the Gemor and the(name shot]be paid out of my recovered Wocttds prior or distribution of the non proceeds as dcombed herein. 23.Prore&rre in the Ever ofCmdemwnon orF•m/nenUMman Ifeonderaphoon or a Nprlug by emlveot domain of a part of the Property or the entire properly by a public authority renders;it impossible to fulfill any of the cwservatim prop re s of Pis Imemefa,to esenmenv may he terminated or modified though concentration pmucevlinwx. If the Ewa pact istawnated and the Property is sold ar taken fm public use,then,as required by Summer 1.1 70A-1 4(g)(6)of the lFS mgulahmeo me Grnmtec shall be entitled to a percentage of the gent sale pfaeeeds or cundemoanm award Meal to Neratio of me apprised value of this Easement m Me wueshicted fair market value of the Property,as mesa values are determined on the date of Nis Easement subject m any applicable Uw which expressly requess fm a different disposition of the preset The Grantee small use its promeds consistently with but general rvmion parpoe®ofnis eaammt poll marr imourcum mod or nmdemne5wxlaRa seat appeared by the Granter and the Grantee shalt be paid out of any recovered proceeds moor to distributor of do net proceeds as dceenbW limser 34.IUwOrelu(ion This Easemem shall be uneryretcd under roe laws of me State ofNmN Conclude, recrossing any ambiguities and questions of the validity of specific purvisimms an as to give maxwmn effem m its crneerviann purposes. 25.Peramal nwmmy Si eambntry 'Ihc£aawent created by this Deed shall be a servitude coning with the land in peryeniity F.very Mariam of has Dean that applies to tre Granbm a NC Grantee shall also apply m hoer respeadve agents,hems,Icutme,admmistratars,assigns,and all other succeseps as theh inlercau may appear Invalidity of any ofNc covenants,terms or cwditiom of this kasemcnt,or any pan Nerzofby court order mjudgment shall in no way,affect mho validity of my of the other provisions ereof which shall remain in full force and effect. 26.Notions Any notices required"is Deed sail be in writing and atoll be personally delivered or sent by first class nvl to the Grmrmr and the G®tee respectively,at me following addresses, unless a party has been notified at writing by the onmr of a change of address: 10 Tothe Grantor. TO the Gate': The wMaN'a Cauldron Orange County,Nmtb Carolina c/o IOM Troy PO.Hoc 8181 8011 N C.Hwy.86 Hlllsbmaugh,NC 27293 Cedar Grove,NC 27231 IN WITNESS WHBRPAP,the Craatm and Grantee,wtemxEr:0 lelClly Mnci Ibemaelveq Have ono ki dus to be sigmd in fm corporate nuume by its pmaldea4 baa slgnetme OrslPo by its.mctclary and as corporate seal aflb el hcrcb all Ne date first umttm above. GRANfOR: THE WIZARD'S CAULDRON JOHN TROY,ICI SMENT ATTEST: (CORPORATE SEAL) secaarry Accepled: GRANTEE: ORANGE COUNTY,NORTH CAROLINA By JOAN M.LINK.M'.Orange County Manager Attest By: BEVERLY A.RSVTHE,Clerk of W Board ofCoromis3ioncre 11 Aeknnwiedgtnen� STATE OF NORRI CAROLINA Cam fY OF 1, Notary Public of Pea County and State aforesaid,acidly that personally cane before me this day and acknowlcdgcd that be or sho is Slummy,oflhe Wizard's Cauhhun,a NOM Carolina Corymation,and dw by immunity duty,given and as tod act of the corporation,fie foregoing instru ad was eibmcd in as time by its president,bested wilt na eommale seal and anenedbyhad ether as it Sedmi witness my land arm notarial seal,this the day of 2001. NOTARY PUBLIC My cmnmiasian expires'. SYAIEOFNORTHCAROLINA COUNTY OF ORANGE I,a Nanny Public of the County and SmR aforesaid,certify that Beverly A.Plylhc famomMy"me home me this day and aegwwWdged that slid is Clerk to the Bwd of Commicsvmem for Orange County,Nandi Caellma and that by autbonry duly gmen and as The,act of said County the foregoing Aatumeal was signed inibnow,by IhcChair ofsaid Board of Commiasiunem avd attened by bet as Clerk m said Bmrd of Commissioners. Witness my hand tool official smnp ur ucaL Nis the day of 20_ Nolay Pubhc My commission import Isg:mengecounry�COUServation Wizard