HomeMy WebLinkAboutOTHER-2022-011-Assignment of Conversation Easement Draper Savage Memorial Foundation Property CY L ,
51le Doc No : 30100537
Recorded : 03/28/2024 03 : 21 : 58 PM
Fee Amt: $26 . 00 Page 1 of 4
Orange County North Carolina
Mark Chilton , Register of Deeds
0 BK 6842 PG 229 - 232 (4 )
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ASSIGNMENT OF CONSERVATION EASEMENT
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Friends of Moorefields Property
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Prepared by : Orange County , North Carolina and the North Carolina Land and 'Water Fund
After Recording Return t�
Christian Hirni , P . O . Box 81 , Hillsborough, NC 27278
NORTH CAROLINA ORANGE COUNTY
Portion o cel Nos . 9 rent) , NCLWF No . 202M48
985481 arent) , an
THIS ASSIGNMENT OF CONSERVATON EASEMENT is made and executed on this the
day of 20245 by ORANGE UNTY, NORTH CAROLINA a local government
of the State of North Carolina("Assignor' " County ") , with an address of P . O . Box 8181 ,
Hillsborough, NC 27278 to the STATE OF TH CAROLINA ("Assignee" or " State") , with
a mailing address of c/o State Property Office, n : NCLWF Real Property Agent , 1321 Mail
Service Center, Raleigh, NC 276994 321 , acting �` nd through the NORTH CAROLINA LAND
AND WATER FUND "Fund " a . k . a. the North Carolina Clean Water Management Trust Fund ,
("Fund ") g
a division of the North Carolina Department of Natural and Cultural Resources , with an address
of Attn : Contract Administrator, 1651 Mail Service Cente , Raleigh, North Carolina 27699 - 1651 .
RECITALS
A . YP g Assignor is a body politic existing under Cho 153A of the North Carolina
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General Statutes and as such is qualified to hold easements undeie applicable laws of the State
of North Carolina and is a qualified organization under I . R . C . sectylI 170 (h) .
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B . Assignee is a sovereign entity 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) (3 ) of the Internal Revenue Code of 1986
,wid regulations promulgated there under, and is an eligible holder of conservation easements
thin the meaning of North Carolina General Statutes ("N. C . G . S . ") Chapter 121 , Article 4, the
" nservation and Historic Preservation Agreements Act . "
C . The Fund is authorized by N . C . G . S . Chapter 143B , Article 2 , Part 41 to acquire
land aneerests in land, including conservation easements :
0 • for riparian buffers for the purposes of providing environmental protection for
surface waters and urban drinking water supplies and establishing a network of
riparian greenways for environmental , educational , and recreational uses ; and
•�r the purpose of protecting and conserving surface waters and enhancing drinking
@ter supplies , including the development of water supply reservoirs ; and
• t4rovide buffers around military bases to protect the military mission; and
• tha®represent the ecological diversity of North Carolina, including natural features
such as riverine, montane, coastal, and geological systems and other natural areas
to ensure their preservation and conservation for recreational , scientific ,
educatioe cultural , and aesthetic purposes , and
• that contM* ate to the development of a balanced State program of historic
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D . Assignor acq Vr'�i, a conservation easement by instrument recorded in Book
(D� Z. , Page 21, Orange county Register of Deeds , on - - the " Conservation
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Easement") that encumbers ce i lands owned by Friends of Moorefields , a NC Non-profit
Corporation, ("Easement GranV' , located in Cheeks Townshi Orange County , North
pCarolina, being hereinafter referre as the "Easement Area" and being more particularly
described in the Conservation Easement .
E . Assignor has received a grQ from the Fund identified in Grant Contract No . 2020 -
048 (the " Grant Contract ") , in considera il�c of which it acquired the Conservation Easement.
Easement Grantor and Assignor have agreed e Conservation Easement that the Easement Area
shall be conserved and managed in a manne at will fulfill the purposes of the Conservation
Easement, and otherwise promote the public oses authorized by N . C . G . S . Chapter 143B ,
Article 2, Part 41 , and the parties hereto ackno ge that such restricted use is in accordance
with, and furthers the purposes of, the Grant Contract .
F , The Conservation Easement sets aside an area of land containing 23 . 15 acres, more
or less , which is :more fully described in the Conservation i; ment, and is depicted on a map entitled
"Boundary, Easement, and Recombination Survey Property o6riends of Moorefields, a NC Non-Profit
Cod . , " prepared by Landmark Surveying, Inc. , PLS , dated Ap9V;x
7, 2022 , and recorded in Plat Book
C 7 Page FS Orange County Registry . The Co seanon Easement sets forth certain
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restrictions on the use of the Easement Area in order to fulfill the of the Grant Contract,
G . The terms of the Grant Contract require Assign to assign the Conservation
Easement to the Assignee and retain unto itself the nonexclusive r`� and obli ation to monitor
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the Easement Area and report on its condition to the Fund at least annually together with a right
of access to and from the Easement Area, and Easement Grantor consented to this Assignment by
executing the Conservation Easement .
NOW , THEREFORE , for and in consideration of monies paid or to be paid by the Fund to
MAs MA ignor pursuant to the Grant Contract, and for other good and valuable consideration, the receipt
and*fficiency of which is hereby acknowledged, Assignor does hereby assign, transfer, set over,
and bnvey the Conservation Easement to the State, and the State, acting by and through the Fund ,
hereby adepts this Assignment of Conservation Easement by the recording hereof.
P VIDED HOWEVER, Assignor hereby reserves to itself and assigns and unto The
Associatio r the Preservation of the Eno River Valley , Inc . (aka Eno River Association) a
nonexclusiv ht and obligation to monitor and observe the Easement Area, including a right of
ingress , egres ,Mid regress to and from the Easement Area over, upon, and across all access rights
of way and ease ents appurtenant to the Conservation Easement, to exercise said monitoring
rights and obllgatiAs , and further accepts unto itself the obligation to report annually to the Fund
any potential violations of the Conservation Easement ,
PROVIDED FU HER, that the associated stewardship monies awarded under the Grant
Contract shall be admin ' red pursuant to N . C . G . S . § 143B - 135 . 236 which establishes the North
Carolina Conservation Ea pent Endowment Fund, or any successor law, and the internal policies
and procedures of the Fun"Ich provide, inter alia that the Eno River Association ' s obligation
to monitor the Easement Areko any given time is contingent on availability of such stewardship
funds .
PROVIDED FURTHER, t*e parties hereto specifically acknowledge that the reservation
and assignment by Assignor to the 1 iver Association of this nonexclusive right and obligation
to monitor and report on the EasementArea is assignable separate and apart from the Conservation
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Easement and the rights and respon ' ' lities of the Grantee created thereunder, but such
assignment may be made only with the ' tten consent of the Fund and notice to the Easement
Grantor, and if so assigned, such assignmeoshall have no effect on the rights and obligations of
the State as the ultimate grantee of the Conseiation Easement, or the rights and obligations of any
subsequent grantee . '
PROVIDED FURTHER, that any such f er assignment of Eno River Association ' s
r report on he E�ment Area shall be evidenced b a written
annual obligation to monitor and rep t e y
instrument signed by the parties thereto , a notice of which shall be recorded in the Office of the
Register of Deeds of Orange County, and which shall include a right of entry onto the Easement
Area for the assignee of said monitoring obligation, and & 1 require the monitoring to be carried
out in accordance with and subject to N. C . G . S . § 1431343 . 236 and any successor law, and the
Fund ' s internal stewardship policies and procedures . Q
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[See next page for signatures and notary acknoQl dgement]
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IN WITNESS WHEREOF , Assignor, by authority duly given has hereunto caused these presents
to be executed in such form as to be binding, to be effective upon execution, and Assignee , acting
by and through the Fund, agrees to and accepts this Assignment by the recording hereof in the
public records of Orange County , North Carolina.
ASSIGNOR:
Q� sit�'�` � # o, ORANGE COUNTY, NORTH CAROLINA
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# By : gaowor
[C Name : Jan#etta B dford
Title : Chair, Orange County Board of
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Name : Law J nsen O
Title : Clerk to the Board of\ebmmissioners
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NORTH CAROLINA D ,
ORANGE COUNTY
I, the undersigned Notary Public, do ereby certify that Laura Jensen personally came before me
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this date and acknowledged that he/shi6 the Clerk to the Board of Commissioners for Orange
County , North Carolina , and that by a@hority duly given and as the act of said County , the
foregoing document was signed in its $hme by Renee Price its Chair of said Board of
Commissioners , sealed with its corporate se d attested by him/herself as its Clerk to said Board
of Commissioners . Witness my hand a official stamp or seal , this the day of
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1 , Notary Public
Print Name :
My Commission Expires :
STAMP/SEAL
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