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10 <br />Breeze Farm Conservation Easement (Phase II) Draft #3-CLEAN <br />1. Grant of Agricultural Conservation Easement; Extinguishment of Development <br />Rights <br />Grantor hereby voluntarily grants and conveys to the Grantee, and the Grantee hereby <br />voluntarily accepts, a perpetual Conservation Easement in the Property, which easement is an <br />immediately vested interest in real property the nature and character described herein. Grantor <br />promises that he will not perform, nor knowingly allow others to perform, any act on or affecting <br />the Property that is inconsistent with the covenants herein. Grantor authorizes the Grantee to <br />enforce these covenants in the manner described below. <br />Grantor hereby voluntarily grants and conveys to the Grantee all development rights for <br />the Property, except as otherwise reserved and provided by the terms of this Conservation <br />Easement, that are now or hereafter inherent in the Property. The parties agree that such <br />development rights are now terminated and extinguished, and may not be used on or transferred <br />to -any other property adjacent or otherwise, nor used for the purpose of calculating permissible <br />lot yield of the Property -or any other property by anyone or any entity, including the Grantee. <br />2. Statement of Purpose <br />It is the primary purpose of this Conservation Easement to enable the Property to remain <br />in agricultural use by preserving and protecting its agricultural soils and agricultural viability and <br />productivity. Except as specifically permitted herein, no activity that would impair the actual or <br />potential agricultural use of the Property shall be permitted. To the extent that the preservation <br />and protection of the natural, historic, recreational, habitat or scenic values referenced in this <br />Conservation Easement are consistent with the primary purposes stated above, it is within the <br />purpose of this Conservation Easement to also protect those values, and no activity that would <br />significantly impair those values shall be permitted. <br />As authorized in the Uniform Conservation and Historic Preservation Act, N.C. Gen. <br />Stat. § 121-34 et seq., this Conservation-Easement is perpetual; it restricts the Grantors property <br />in perpetuity; and it is enforceable by Grantee against the Grantors, their representatives, heirs, <br />successors and assigns, lessees, agents, and licensees_ <br />3. Rights and Responsibilities Retained by Grantor <br />Notwithstanding any provisions of this Conservation Easement to the contrary, -the <br />Grantor reserves to and for himself and his successors all customary rights and privileges of <br />ownership, including the rights to sell, lease, and devise the Property provided such transaction is <br />subject to the terms of this Conservation Easement and written notice is provided to Grantee, <br />together with any rights not specifically prohibited by or limited by this Conservation Easement, <br />and consistent with this Conservation Easement. Unless otherwise specified below, nothing in <br />this Conservation Easement shall require the Grantor to take any action to restore the condition <br />of the Property after any natural disaster or other event over which he had no control. Grantor <br />Page 5 of 20 <br />