2002 S ERCD - Deed of Agricultural Conservation Easement between OC and The Wizard's Cauldron, LTD

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BooK2605 PAGE 423 North Carolina General Statute 106-583 et seq. which states that"It is declared to be the policy of the State of North Carolina to promote the efficient prodliction and utilization of the products of the soil as essential to the health and welfare of our people and to promote a sound and prosperous agriculture and rural life as indispensable to the maintenance of maximum prosperity; " The State of North Carolina has authorized the creation of Conservation Easements pursuant to the terms of the North Carolina Conservation and Historic Preservation Agreements Act, N.C.G.S. 121-34 et. seq., which provide for the enforceability of restrictions, easements, covenants or conditions "appropriate to retaining land or water areas predominantly in their natural, scenic or open condition or in agricultural, horticultural, farming, or forest uses," and which provides for tax assessment of lands subject to such agreements "on the basis of the true value of the land and improvements less any reduction in value caused by the agreement" ; and the Grantor and Grantee wish to avail themselves of the provisions of that law. The Grantee is a body politic existing under Chapter 153A of the North Carolina General Statutes, and is qualified to hold Easements under the applicable laws of the State of North Carolina; NOW,THEREFORE, for the reasons given, and in consideration of their mutual covenants, terms, conditions and restrictions contained herein, the parties agree as follows. 1. Grant of Agricultural Easement Grantor hereby voluntarily grants and conveys to the Grantee, and the Grantee hereby voluntarily accepts, a perpetual Agricultural Conservation Easement, an immediately vested interest in real property the nature and character described herein. Grantor promises that it will not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants herein. Grantor authorizes the Grantee to enforce these covenants in the manner described below. 2. Statement of Purpose It is the primary purpose of this Agricultural Conservation Easement to enable the Property to remain in agricultural use by preserving and protecting its agricultural soils and agricultural viability and productivity .No activity which shall significantly impair the actual or potential agricultural use of the Property shall be permitted. To the extent that the preservation and protection of the natural, historic, recreational, habitat or scenic values referenced in this Easement are consistent with the primary purpose stated above, it is within the purpose of this Easement to also protect those values, and no activity which shall significantly impair those values shall be permitted. 3. Rights and Responsibilities Retained by Grantor Notwithstanding any provisions of this Easement to the contrary, the Grantor reserves to and for itself and its successors all customary rights and privileges of ownership, including the rights to sell, lease, and devise the Property, together with any rights not specifically prohibited by or limited by this Easement, expressly including the impervious surface rights pertaining to the Property as those rights are determined by the Planning Department of Grantee pursuant to Grantee's zoning not inconsistent with the Statement of Purpose herein. Unless otherwise specified below, nothing in this Easement shall require the Grantor to take any action to restore