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Conservation Easement - Carl and Eve Shy, PIN: 9831-20-1870, PIN: 9831-10-8624
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Conservation Easement - Carl and Eve Shy, PIN: 9831-20-1870, PIN: 9831-10-8624
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3/1/2017 1:53:48 PM
Creation date
3/1/2017 1:53:42 PM
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BOCC
Date
1/16/2002
Meeting Type
Regular Meeting
Document Type
Easements
Agenda Item
5a
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Shy Conservation Easement BOOK 2757 PAGM2 <br /> Township. <br /> The natural habitat and agricultural resources of the Grantors' Property,and its <br /> contribution to the protection of the area water supply and rural character are collectively referred <br /> to as the"conservation values" of the Easement Area. <br /> D. The characteristics of the Easement Area,its current use and state of <br /> improvement, are described in a report entitled`Baseline Report on the Carl and Eve Shy <br /> Property,"dated September 26, 2002(hereafter"the Baseline Report")prepared by Grantee for <br /> the Grantors,of which a summary is attached as Exhibit A to this Conservation Easement. The <br /> Grantors worked with the Grantee to ensure that the report is a complete and accurate description <br /> of the Easement Area as of the date of this Conservation Easement. It will be used by the <br /> Grantors and Grantee to assure that any future changes in the use of the Easement Area will be <br /> consistent with the terms of this Conservation Easement. However, the Baseline Report is not <br /> intended to preclude the use of other evidence to establish the present condition of the Easement <br /> Area if there is a question about its use. <br /> E. The Grantors 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 N.C. Gen. Stat. §§ 160A-266-279,which provide for the enforceability of <br /> restrictions, easements, covenants or conditions"appropriate to retaining land or water areas <br /> predominantly in their natural, scenic or open condition or in agricultural,horticultural, farming, <br /> or forest uses," and which provide for tax assessment of lands subject to such agreements "on the <br /> basis of the true value of the land and improvements less any reduction in value caused by the <br /> agreement"; and the Grantors and Grantee wish to avail themselves of the provisions of those <br /> laws. <br /> NOW,THEREFORE,the Grantors, for and consideration of the facts recited above and <br /> of the mutual covenants,terms,conditions and restrictions contained herein and as an absolute <br /> and unconditional gift,hereby gives,grants and conveys unto the Grantee, its successors and <br /> assigns,forever and in perpetuity for the benefit of the people of North Carolina, a Conservation <br /> Easement over the Easement Area of the nature and character as follows: <br /> 1. PURPOSE. The purposes of this Conservation Easement are to ensure that the <br /> Easement Area will be retained forever predominantly in its natural, forested, and open space <br /> condition;to protect native plants and animals, or plant communities on the Easement Area, <br /> while allowing traditional uses on the Easement Area that are compatible with and not <br /> destructive of the conservation values of the Easement Area such as gardening and propagation <br /> of native plants, selective timber harvesting,farming of existing pastures and fields,and artistic <br /> Page 3 of 16 <br />
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