Agenda - 08-21-2012 - 7a - Laserfiche WebLink

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HE 2012- 08- 14.THOMPSON.Conservation Easement Deed DRAFT WHEREAS, the Grantee is a 501(c)(3) non -profit organization organized under Chapter 55A of the North Carolina General Statutes, and is qualified to hold Easements under the applicable laws of the State of North Carolina and is a qualified organization under I.R.C. Section 170(h). NOW, THEREFORE, for ONE HUNDRED TWENTY THOUSAND FIVE HUNDRED DOLLARS ($120,500) and for the reasons given and other good and valuable consideration and in consideration of their mutual covenants, terms, conditions and restrictions contained herein, the Grantor hereby voluntarily grants and conveys to the Grantee, and the Grantee hereby voluntarily accepts, a perpetual Conservation Easement in the Protected Property, which Easement is an immediately vested interest in real property of the nature and character described herein. Grantor promises that he will not perform, nor knowingly allow others to perform, any act on or affecting the Protected Property that is inconsistent with the covenants contained herein. Grantor authorized the Grantee to enforce these covenants in the manner described below. ARTICLE L GENERAL 1.1 Statement of Purpose. It is the primary purpose of this Easement to enable the Protected Property to remain in agricultural use by preserving and protecting its agricultural soils and agricultural viability and productivity by limiting nonagricultural uses of the Protected Property. No activity that would significantly impair the actual or potential agricultural use of the Protected Property shall be permitted. To the extent that the preservation and protection of the natural, historic, recreational, habitat or scenic values referenced in this Easement are consistent with the primary purpose stated above, it is within the purpose of this Easement to also protect those values, and no activity that would significantly impair those values shall be permitted. 1.2 Perpetual Duration. This Easement over the Protected Property as further described in Exhibit A, shall be perpetual. It is an easement in gross, runs with the land and is enforceable by Grantee against Grantor as provided herein, and against Grantor's representatives, successors, assigns, lessees, agents and licensees. 1.3 Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement, the Parties agree that all development rights appurtenant to the Protected Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Protected Property as it now or hereafter may be bounded or described, or used or transferred to any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot yield of the Protected Property or any other property by anyone including the Grantor and Grantee. 1.4 Compliance with other Re_ug latory Requirements. The Grantor is responsible for complying with any and all additional permits or regulation to use or develop the