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S Warranty Deed of Conservation Easement - Katherine Bliss and Brian Dobyns
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S Warranty Deed of Conservation Easement - Katherine Bliss and Brian Dobyns
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Last modified
6/16/2015 11:48:02 AM
Creation date
6/16/2015 11:43:58 AM
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BOCC
Date
11/19/2013
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
4a
Document Relationships
2013-170 DEAPR - Shackelford & Associates for Conservation Easement appraisal for Lands Legacy Program $2,500
(Attachment)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2013
Agenda - 11-19-2013 - 4a
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2013\Agenda - 11-19-2013 - Regular Mtg.
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1 ►��►��►�►��►���►�►�►��►� <br /> RB5734 458 4120 <br /> D. The characteristics and conservation values of the Property, its current use and <br /> state of improvement, are described in a report entitled `Baseline Documentation Report for the <br /> Bliss-Dobyns Conservation Easement,"dated December 2013 (hereafter"the Baseline Report") <br /> prepared by Orange County DEAPR for the Grantor, of which a summary is attached as Exhibit <br /> B to this Conservation Easement. The Grantor worked with the Grantee to ensure that the report <br /> is a complete and accurate description of the Property as of the date of this Conservation <br /> Easement. It will be used by the Grantor and Grantee to assure that any future changes in the use <br /> of the Property will be consistent with the terms of this Conservation Easement. However,the <br /> Baseline Report is not intended to preclude the use of other evidence to establish the present <br /> condition of the Property if there is a question about its use. <br /> E. The Grantor and Grantee have the common purpose of conserving the <br /> above-described conservation values of the Property 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 G.S. § 153A-176 and G.S. § 16OA-266 - 279, which provide for the <br /> enforceability of restrictions,easements, covenants or conditions "appropriate to retaining land <br /> or water areas predominantly in their natural, scenic or open condition or in agricultural, <br /> horticultural, farming, or forest uses," and which provide for tax assessment of lands subject to <br /> such agreements "on the basis of the true value of the land and improvements less any reduction <br /> in value caused by the agreement"; and the Grantor and Grantee wish to avail themselves of the <br /> provisions of those laws. <br /> NOW, THEREFORE, the Grantor, as an absolute gift of no monetary consideration, but <br /> in consideration of the facts recited above and of the mutual covenants, terms, conditions and <br /> restrictions contained herein, hereby gives, grants and conveys unto the Grantee, its successors <br /> and assigns, forever and in perpetuity for the benefit of the people of North Carolina, a <br /> Conservation Easement over the Property of the nature and character as follows: <br /> With the exception of those rights retained herein, Grantor conveys to Grantee all <br /> development rights that are now or hereafter allocated to, implied,reserved or inherent in the <br /> Property, and the parties agree that such rights are terminated and extinguished, and may not be <br /> used on or transmitted to any portion of the Property, as it now or hereafter may be bounded or <br /> described, or to any other property. <br /> 1. PURPOSE. As outlined in the Recitals above, the purposes of this Conservation <br /> Easement are to ensure that the Property will be retained forever, predominantly in its natural, <br /> forested, and open space condition; to protect native plants and animals, or plant communities on <br /> the Property, while allowing certain limited uses on the Property that are compatible with and not <br /> destructive of the conservation values of the Property; and to prevent any use of the Property that <br /> will significantly impair or interfere with conservation values or interests of the Property. <br /> Page 4 of 16 <br />
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