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S Warranty Deed of Conservation Easement - Michael M. Hughes and Dale A. Morgan
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S Warranty Deed of Conservation Easement - Michael M. Hughes and Dale A. Morgan
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6/16/2015 4:14:58 PM
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BOCC
Date
12/10/2013
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
6f
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Agenda - 12-10-2013 - 6f
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\Board of County Commissioners\BOCC Agendas\2010's\2013\Agenda - 12-10-2013 - Regular Mtg.
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RB5734 429 4120 <br /> D. The characteristics and conservation values of the Easement Area,its current use <br /> and state of improvement, are described in a report entitled "Baseline Documentation Report for <br /> the Hughes-Morgan Conservation Easement," dated December 2013 (hereafter "the Baseline <br /> Report") prepared by Orange County DEAPR for the Grantor,of which a summary is attached as <br /> Exhibit D to this Conservation Easement. The Grantor worked with the Grantee to ensure that <br /> the report is a complete and accurate description of the Easement Area as of the date of this <br /> Conservation Easement. It will be used by the Grantor and Grantee to assure that any future <br /> changes in the use of the Easement Area will be consistent with the terms of this Conservation <br /> Easement. However,the Baseline Report is not intended to preclude the use of other evidence to <br /> establish the present condition of the Easement Area 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 Easement Area 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. § 160A-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 Easement Area 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 /> Easement Area, and the parties agree that such rights are terminated and extinguished, and may <br /> not be used on or transmitted to any portion of the Easement Area, as it now or hereafter may be <br /> bounded or 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 Easement Area will be retained forever, predominantly in its <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 /> Page 4 of 15 <br />
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