ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks

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~~U1~~~-~~l~Ul~~~~l~~iii~~~i ~ iiii~ifi~ii ii i~i R85339 57 6l24 the Grantors hereby grant and convey unto Grantees a Conservation Easement, of the nature and character and to the extent hereinafter set forth, in respect to the Property; forth: The terms, conditions and restrictions of the Conservation Easement are as hereinafter set Grant of Conservation Easement; Extinguishment of Development Rights; Grant of Easement for Access Grantors hereby voluntarily grant and convey to the Grantees, and the Grantees hereby voluntarily accept, a perpetual Conservation Easement in the Property, which easement is an immediately vested interest in real property the nature and character described herein. Grantors promise that they will not perform, nor knowingly allow others to perform, any act on or affecting the Properiy that is inconsistent with the covenants herein. Grantors authorize the Grantees to enforce these covenants in the manner described below. Grantors hereby voluntarily grant and convey to the Grantees all development rights for the Property, except as otherwise reserved and provided by the terms of this Conservation Easement, that aze now or hereafter inherent in the Property. The parties agree that such development rights are now ternunated and extinguished, and may not be used on or transferred to any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot yield of the Properiy or any other property by anyone or any entity, including the Grantees. Further, Grantors hereby voluntarily grant and convey to the Grantees a non-exclusive perpetual right and easement for ingress, egress and regress between the Property and Ben Johnston Road (SR 1144) over and across that road or driveway shown as a"GRAVEL DRNE" on that plat of survey by Alois Callemyn entitled "Recombination Property Surveyed for Dennis & Linda Brooks" recorded in Plat Book 109, Page 176, Orange County Registry, as the said road or driveway exists on the ground at the time that this Conservation Easement is recorded and as said drive may be relocated from time to time. Notwithstanding the foregoing, nothing in this grant of easement for access to the Property shall be construed to in any way limit Grantees' access to the Property for the purposes of exercising their rights and obligations under the terms of this Conservation Easement should said road or driveway hereafter cease to exist. 2. Statement of Purpose The primary purposes of this Conservation Easement are to enable the Property to remain in agricultural use by preserving and protecting its agricultural soils and agricultural viability and productivity, and to protect the wetlands, riparian areas and surface waters associated with the streams tributary to the Lake Ben Johnston Reservoir and Eno River from the risk of adverse innpacts azising from use or development of the Property contrary to the provisions of this Conservation Easement. Except as specifically permitted herein, no activity that would impair the actual or potential agricultural use of the Property shall be pernutted. Likewise, any activity that would risk causing adverse impact to any stream tributary to .the Lake Ben Johnston Reservoir or the Eno River is prohibited. To the extent that the preservation and protection of the Page 5 of 21