S Easement - William H Breeze Sr. for Deed of Agricultural Conservation Easement

Browse Search

~ ~ ~ ~1~ forth: Tho terms, conditions and restrictions of t~e Conservation Easem~ent are as hereinat~er sct 1. Grant of Agricultura! Coruervation Easement; F~tinge~ishnztnt of D~evetopn~ent Rights Gr~ntor ~ureby voluntarily gr~nts and eonveys to the Gr~rftee, and t~e Grantee hereby voluntarily aceepis, ~ p~rpetazai Conservation Easemtnt in the Prap~, wlueh easemcnt ia an irnmediately vested interest in real pmperty the nature and eharacter described }~rtin. Grantor promises that he will not perform, nor kt~owiagly allow others to perfarm, any act on or nffeeting the Property that is inconsistcnt with the covenants herein. Grantor autharizes the Gc~at~tee to enforce these eove~nts in the manr-Er described below. Grantor herehy votuntarily ~rants ~nd conveys to the Grantee all develogmer-t ri~hts for the Property, except ~s atherwise rescrved and provided by the terms of this Conservarian Easement, that are now on c~reaRer intier~mt en the Property. The p~rties agne thut such devclopment rights are now terminated and extinguishcd, and may not be used on or tr~n~feired to ~ny athar property ~djacent ar othervvise, nor tased far thc purpose of calculating permissib}~ !ot yicld of the Prapcrty or any other property by anyone or any entity, ine}uding the Grac~tee. 2. S~at~ment af Purpose It is the primary pvrpoae of t~is Conscrvation Eascment to cnable t~-e Property tar ~emain in agricu4tt~ral use by preserving and protGCting i~.s a~ricultural sails and agricuhural viability and productivity. Exeept as specifieally pern~itted hez+ci~, no activtt~ thAt would impair the actual or potcntial ~gricuttural use of the Prop~rty shall be peimitted. To the exte~t that the preserWatiar~ and protection of the natural, historic, recrE~tional, h~bit~t or scenic values refere~~ced i~ t~is Conservatian Easement are consistent with the prien~ry purposes stated above, it ia within thc purpose of this Consero~tion Eas~ment to also proicct those v~lues, and no activEty t~t wauld significantly impair those values shs-11 be pccrmitted. As authorized in the Uniform Cansetvatian ~nd Historic Freservatior~ Act, N.C. Gen. Stat. § 121-34 et seq., this Conservation Easement is perpetuai; it restricts tl~e Grantors gmperty in perpetuity; and it is enforceab~e by Gr~ntee aga'tnst the Gr~ntors, their regresentativea, ~eirs, succ~ssors ~d assigns, lessees, agent~, arid licensees. 3. Rights and Respansrbiftties Reta~ned by Grantor Notwithstanc~ing any provisians of tttia Conservation Easem~ttt to tht co~tre~ry, ~e Grantor reserves to and for l~imself and his successors all custamary righ~s ar-d privileges of ownership, including the rights to sell, lease, ~d devise the Property grovided s~h tra~nsaction is subject to the trnns of this Canservstion Ease~ntnt and written notice ia pmvic~od to Gra~tee, together with any rights not spccific~lly ~ohibited by ar limited by this Consenation Easemc~t, and consistent with this Conserv~tion F.a~ement. Unless othervvi~se specified below, nvtt-ing 'in this Conserv~tion Easement sh~ll eequire the Gr~tor to take any s~cdon to restore the co~dption Psge S e-f 22