Orange County NC Website
Browse       Search
11 <br />Covey Creek Conservation Easement (Underwood) Draft 6/3/09 BOCC <br />prior written approval of Grantee. The method employed shall be selective and specific to <br />individuals, rather than broadcast, nonselective techniques. <br />2.14 Commercial Development. Any commercial or industrial use of or <br />activity within the Easement Area is prohibited, except as follows. Grantor retains the right to <br />use the portion of the Property within the area identified and marked as "Residential Envelope" <br />on Exhibit C of this Conservation Easement for otherwise lawful commercial enterprises, such <br />as, but not limited to, tutoring or other kinds of educational programs, so long as such activities <br />are consistent with Orange County zoning regulations and permits required by and issued by <br />Orange County under its laws and ordinances as they exist now and as they may be amended <br />from time to time, and are conducted in buildings otherwise permitted under this Conservation <br />Easement in a manner that is consistent with the conservation purposes of this Conservation <br />Easement. This restriction on use shall not be construed to prohibit use of the Easement Area for <br />recreational, educational and scientific purposes, as long as such activities are undertaken on a <br />noncommercial basis. <br />2.15 Development Rights. Grantor conveys to Grantee all development rights <br />that are now or hereafter allocated to, implied, reserved or inherent in the Easement Area, and <br />the parties agree that such rights are terminated and extinguished, and may not be used on or <br />transmitted to any portion of the Easement Area, as it now or hereafter may be bounded or <br />described, or to any other property. <br />3. ADDITIONAL RIGHTS RETAINED BY GRANTOR. Grantor retains the <br />following additional rights: <br />(a) Existing Uses. The right to undertake or continue any activity or use of the <br />Easement Area not prohibited by this Conservation Easement. Prior to making any change in <br />use of the Easement Area, Grantor shall notify Grantee in writing to allow Grantee a reasonable <br />opportunity to determine whether such change would violate the terms of this Conservation <br />Easement. This determination by Grantee shall be made in writing. <br />(b) Transfer. The right to sell, give, mortgage, lease, or otherwise convey the <br />Easement Area is subject to the terms of this Conservation Easement. <br />4. GRANTEE'S RIGHTS AND RESPONSIBILITIES. To accomplish the <br />purposes of this Conservation Easement, the following rights are granted to Grantee and the <br />following responsibilities are reserved to Grantee by this Conservation Easement: <br />(a) Right to Protect. The right to preserve and protect the conservation values of the <br />Easement Area and enforce the terms of this Conservation Easement. <br />(b) Right of Entrv. Grantee, its employees, representatives, and agents and its <br />successors and assigns, have the right, after reasonable advance notice to Grantor <br />Page8of16 <br />