Agenda - 08-24-2009-C2 - Laserfiche WebLink

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STRATEGIC GROWTH AND RESOURCE CONSERVATION PROGRAM Final (8.7.2009) will remain a named insured on Grantors' Property insurance policies covering the Property. Grantors shall provide Grantee with a certificate of insurance coverage on the effective date of this Conservation Easement and within 10 days of each insurance renewal date. 18. Transferability of Development Rights (a) Development rights properly transferred from a sending site can be applied, pursuant to [cite Orange County code], to "Receiving Sites" where development is encouraged under the SGRC. (b) Development rights are transferred from sending sites through the issuance of "SGRC certificates" to pursuant to [cite Orange County code], a process which requires the grant of a conservation easement restricting development on the sending site. (c) SGRC certificates can be freely sold by the sending site landowner to whom they are issued. Receiving site landowners who obtain TDR certificates may use those certificates to obtain density bonuses or other development incentives pursuant to applicable county or city regulations. (d) Pursuant to [cite Orange County code], Grantors submitted an application to obtain SGRC certificates on , owned by Grantors in fee simple and located in Township Orange County in the State of North Carolina, described in a deed to Grantors, dated and recorded at Orange County Registry of Deeds. A legal description of the Property is attached hereto as Exhibit A and incorporated herein by reference as if set forth in full. (e) The SGRC Certificate Application materials submitted by Grantors are on file with the County, and are incorporated herein by reference as if set forth in full. These application materials detailed existing conditions on the Property and stated Grantors' intentions concerning future residential development, if any, to occur on the Protected Property. The Grantors represent that these application materials reflect existing conditions on the Protected Property as of the date this Easement is executed, as well as the Grantors' intentions concerning future residential development, if any, to occur on the Protected Property. (� Pursuant to [cite Orange County code], the County issued a SGRC certificate letter of intent on ' a true copy of which is attached hereto as Exhibit C and incorporated herein by reference as if set forth in full. In the letter, the County agreed to issue Grantors SGRC Certificates, to be numbered , provided that the Grantors grant a conservation easement on the Protected Property to Snohomish County in accordance with the requirements of [cite Orange County code]. (g) Consistent with the foregoing requirements, and subject to the specific terms of this Easement contained herein, the Grantors and the County, as Grantee of the Easement, intend and have the common purpose of retaining the Protected Property for agricultural use by placing restrictions on the use of the Protected Property, which shall run with the land and bind the Protected Property in perpetuity. 19. Enforcement With reasonable advance notice to the Grantors or with the Grantors' prior verbal consent, Grantee shall have the right to enter the Property for the purpose of inspecting for compliance with the terms of this Conservation Easement. Grantee shall have the right to prevent violations and remedy violations of the terms of this Conservation Easement through judicial action, which shall include, without limitation, the right to bring proceedings in law or in equity against any party or parties attempting to violate the terms of this Conservation Easement. Except when an ongoing, or imminent violation could irreversibly diminish or impair the conservation values of the Property, Grantee shall give the Grantors written notice of the violation and thirty (30) days to cure the violation, before commencing any legal proceedings. Grantee may obtain an injunction to stop a violation or a threatened violation, temporarily or permanently. The parties agree that a court may issue an injunction or order requiring the Grantors to restore the Property to its condition prior to the violation, as restoration of the property may be the only appropriate remedy. In any case where a court finds that a violation has occurred, the Grantors shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including but not ORANGE COUNTY, NORTH CAROLINA