Orange County NC Website
Browse       Search
i~ <br />Eno Confluence Conservation Easement Nov. 13, 2007 draft (BOCC) <br />Area will be consistent with the terms of this Conservation Easement. However, the Baseline <br />Report is not intended to preclude the use of other evidence to establish the present condition of <br />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 />Uniform North. Carolina Conservation and Historic Preservation Agreements Act, NCGS § <br />121-34 et seq., which provides that conservation easements are "interests in land," which may be <br />effective "perpetually;" which provides for the enforceability of restrictions, easements, <br />covenants or conditions "...appropriate to retaining land or water areas predominantly in their <br />natural, scenic or open condition or in agricultural, horticultural, farming, or forest uses...;" and <br />which provide for tax assessment of lands subject to such agreements "on the basis of the true <br />value of the land and improvements less any reduction in value caused by the agreement"; and <br />the Grantor and Grantee wish to avail themselves of the 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 />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 them of any obligation or restriction on the use of the <br />Easement Area imposed by law. <br />Page 4 of 17 <br />