Orange County NC Website
10 <br /> Fern Creek Conservation Easement OEM= <br /> natural, forested, and open space condition; to protect native plants and animals, or plant <br /> communities on the Easement Area, while allowing certain limited uses on the Easement Area <br /> that are compatible with and not destructive of the conservation values of the Easement Area; <br /> and to prevent any use of the Easement Area that will significantly impair or interfere with <br /> conservation values or interests of the Easement Area. <br /> Grantor 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 Grantor to take any action to restore the condition of the Easement Area after any act of <br /> nature or other event over which Grantor had no control. Grantor understands that nothing in <br /> this Conservation Easement relieves her of any obligation or restriction on the use of the <br /> Easement Area imposed by law. <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. Grantor and Grantee have determined that <br /> the allowed activities do not impair the conservation values of the Easement Area. Additional <br /> retained rights of Grantor are set forth in Paragraph 3 below. <br /> 2.1 Subdivision and Conveyance. The Easement Area is a portion of one tax <br /> parcel (herein "parcel' ), which is described in Exhibit A. The Easement Area itself may not be <br /> further divided, subdivided or partitioned to establish additional parcels. Any future conveyance <br /> of the fee simple interest in the Easement Area shall be subject to this Conservation Easement. <br /> Grantor agrees for themselves, their successors and assigns, that in the event they transfer the <br /> Easement Area, such transfer is subject to the Grantee's right of ingress, egress, and regress over <br /> and across the Easement Area for the purposes set forth herein. <br /> 2.2 Construction. No permanent structures exist on the Easement Area at the <br /> time of this Conservation Easement. The Grantors' reserve the right to construct or reconstruct <br /> new structures and other improvements described in subparagraphs (a) through (c)below. Any <br /> construction or reconstruction not permitted below is prohibited. Furthermore, there shall be no <br /> constructing or placing of any outdoor lighting, utility pole, utility tower, conduit or line on or <br /> above the Easement Area. Before undertaking any construction or reconstruction that requires <br /> advance permission, Grantor shall notify Grantee and obtain written permission from the Orange <br /> County Department of Environment, Agriculture, Parks and Recreation or a successor <br /> department. All construction or reconstruction is subject to Orange County zoning regulations <br /> Page 5 of 16 <br />