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7 <br />Covey Creek Conservation Easement (Underwood) Draft 6/3/09 BOCC <br />to this Conservation Easement. The Grantor worked with the Grantee to ensure that the report is <br />a complete and accurate description of the Easement Area as of the date of this Conservation <br />Easement. It will be used by the Grantor and Grantee to assure that any future changes in the use <br />of the Easement Area will be consistent with the terms of this Conservation Easement. <br />However, the Baseline Report is not intended to preclude the use of other evidence to establish <br />the present condition of the Easement Area if there is a question about its use. <br />E. The Grantor and Grantee have the common purpose of conserving the <br />above-described conservation values of the Easement Area in perpetuity, and the State of North <br />Carolina has authorized the creation of Conservation Easements pursuant to the terms of the <br />North Carolina Conservation and Historic Preservation Agreements Act, N.C. Gen. Stat. § <br />121-34 et seq., and G.S. § 153A-176 and G.S. § 160A-266 - 279, which provide for the <br />enforceability of restrictions, easements, covenants or conditions "appropriate to retaining land <br />or water areas predominantly in their natural, scenic or open condition or in agricultural, <br />horticultural, farming, or forest uses," and which provide for tax assessment of lands subject to <br />such agreements "on the basis of the true value of the land and improvements less any reduction <br />in value caused by the agreement"; and the Grantor and Grantee wish to avail themselves of the <br />provisions of those laws. <br />NOW, THEREFORE, the Grantor, as an absolute gift of no monetary consideration, but <br />in consideration of the facts recited above and of the mutual covenants, terms, conditions and <br />restrictions contained herein, hereby gives, grants and conveys unto the Grantee, its successors <br />and assigns, forever and in perpetuity for the benefit of the people of North Carolina, a <br />Conservation Easement over the Easement Area of the nature and character as follows: <br />With the exception of those rights retained herein, Grantor conveys to Grantee all <br />development rights that are now or hereafter allocated to, implied, reserved or inherent in the <br />Easement Area, and the parties agree that such rights are terminated and extinguished, and may <br />not be used on or transmitted to any portion of the Easement Area, as it now or hereafter may be <br />bounded or described, or to any other property. <br />1. PURPOSE. As outlined in the Recitals above, the purposes of this Conservation <br />Easement are to ensure that the Easement Area will be retained forever, predominantly in its <br />natural, forested, and open space condition; to protect native plants and animals, or plant <br />communities on the Easement Area, while allowing certain limited uses on the Easement Area <br />that are compatible with and not destructive of the conservation values of the Easement Area; <br />and to prevent any use of the Easement Area that will significantly impair or interfere with <br />conservation values or interests of the Easement Area. <br />Grantor will not perform, nor knowingly allow others to perform, any act on or affecting <br />the Easement Area that is inconsistent with the purposes of this Conservation Easement. <br />Page 4 of 16 <br />