Orange County NC Website
Browse       Search
RS5734 430 5120 <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 and Exhibit B. The Easement Area <br /> itself may not be further divided, subdivided or partitioned to establish additional parcels.Any <br /> future conveyance of the fee simple interest in the Easement Area shall be subject to this <br /> Conservation Easement. Grantor agrees for themselves,their successors and assigns,that in the <br /> event they transfer the Easement Area, such transfer is subject to the Grantee's right of ingress, <br /> egress,and regress over 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 /> and must be consistent with permits required by and issued by Orange County under its laws and <br /> ordinances for such construction activities. <br /> (a) Fences—Fences may be built on the Easement Area to identify property <br /> boundaries and thereafter repaired and replaced without any further permission of Grantee. <br /> (b) New Structures and Improvements—Grantors have the right to construct no more <br /> than three(3)small pedestrian bridges to cross over streams within the Easement Area. No other <br /> structures may be placed or constructed on the Easement Area. <br /> Page 5 of 15 <br />