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S Conservation Easement - Mark and Lori Volpe
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S Conservation Easement - Mark and Lori Volpe
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Last modified
3/1/2012 9:42:42 AM
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8/16/2011 10:14:12 AM
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BOCC
Date
12/1/2003
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
5b
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Agenda - 12-01-2003-5b
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 12-01-2003
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E. The Grantors 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 N.C. Gen. Stat. §§ 160A-266 - 279, which provide for the enforceability of <br />restrictions, easements, covenants or conditions "appropriate to retaining land or water areas <br />predominantly in their natural, scenic or open condition or in agricultural, horticultural, farming, <br />or forest uses," and which provide for tax assessment of lands subject to such agreements "on the <br />basis of the true value of the land and improvements less any reduction in value caused by the <br />agreement"; and the Grantors and Grantee wish to avail themselves of the provisions of those <br />laws. <br />NOW, THEREFORE, the Grantors, for and consideration of the facts recited above and <br />of the mutual covenants, terms, conditions and restrictions contained herein, hereby give, grant <br />and convey unto the Grantee, its successors and assigns, forever and in perpetuity for the benefit <br />of the people of North Carolina, a Conservation Easement over the Easement Area of the nature <br />and character as follows: <br />1. PURPOSE. The purposes of this Conservation Easement are to ensure that the <br />Easement Area will be retained forever predominantly in its natural, forested, and open space <br />condition; to protect native plants. and animals, or plant communities on the Easement Area, <br />while allowing certain limited uses on the Easement Area that are compatible with and not <br />destructive of the conservation values of the Easement Area, such as research and educational <br />activities that will not impair or interfere with the conservation values or interests of the <br />Easement Area. <br />Grantors 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 />However, unless otherwise specified below, nothing in this Conservation Easement shall require <br />the Grantors to take any action to restore the condition of the Easement Area after any act of God <br />or other event over which Grantors had no control. Grantors understand that nothing in this <br />Conservation Easement relieves them of any obligation or restriction on the use of the Easement <br />Area imposed bylaw. <br />2. EASEMENT AREA USES. Any activity on, or use of, the Easement Area <br />inconsistent with the purposes of this Conservation Easement is prohibited. The Easement Area <br />shall be maintained in its natural and open condition and restricted from any development that <br />would impair or interfere with the conservation values of the Easement Area. Without limiting <br />the generality of the foregoing, the following is a listing of activities and uses .which are <br />expressly prohibited or which are expressly allowed. Grantors and Grantee have determined that <br />the allowed activities do not impair the conservation values of the Easement Area. Additional <br />retained rights of Grantors are set forth in Paragraph 3 below. <br />Page 3 of 15 <br />
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