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2017-652 DEAPR - Conservation easement for High Rock Road.pdf
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2017-652 DEAPR - Conservation easement for High Rock Road.pdf
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Last modified
12/17/2019 1:58:46 PM
Creation date
1/29/2018 1:57:29 PM
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Contract
Date
12/19/2017
Contract Starting Date
12/19/2017
Agenda Item
8-d
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I II I I II II i II III I Ilill <br /> R86404 92 4 / 20 <br /> ( 11 ) The zoning of the Property by Orange County as Agricultural Residential and <br /> Back Creek Protected Watershed, the latter to help protect the public water supply watershed of <br /> Graham-Mebane Lake . <br /> Grantor and Grantee have the common purpose of protecting the above-described <br /> Conservation Values and current condition of the Property and preventing conversion of the <br /> Property to nonagricultural uses . Grantor agrees to create and implement a conservation plan <br /> (hereinafter the " Conservation Plan") that is developed utilizing the standards and specification <br /> of the NRCS field office technical guide and 7 CFR part 12 , as well as other commonly- <br /> recognized best management practices, and is approved by the Orange County Soil and Water <br /> Conservation District ; <br /> Orange County is a body politic existing under Chapter 153A of the North Carolina <br /> General Statutes , and is qualified to hold conservation easements under the applicable laws of the <br /> State of North Carolina ; <br /> NOW, THEREFORE , for the reasons given and other good and valuable consideration , <br /> and in consideration of the mutual covenants , terms, conditions and restrictions contained herein, <br /> and as an absolute and unconditional gift, the Grantor hereby grants and convey unto Grantee , its <br /> successors and assigns , forever and in perpetuity for the benefit of the people of North Carolina, <br /> a Conservation Easement of the nature and character and to the extent hereinafter set forth, in <br /> respect to the Property ; <br /> The terms, conditions and restrictions of the Conservation Easement are as hereinafter set <br /> forth : <br /> 1 . Grant of Conservation Easement; Extinguishment of Development Rights <br /> Grantor hereby voluntarily grants and convey to the Grantee , and the Grantee hereby <br /> voluntarily accept, a perpetual Conservation Easement on the Property, which easement is an <br /> immediately vested interest in real property the nature and character described herein. Grantor <br /> promises that they will not perform, nor knowingly allow others to perform, any act on or <br /> affecting the Property that is inconsistent with the covenants herein . Grantor authorizes the <br /> Grantee to enforce these covenants in the manner described below. <br /> Grantor hereby voluntarily grants and convey to the Grantee all development rights for <br /> the Property, except as otherwise reserved and provided by the terms of this Conservation <br /> Easement, that are now or hereafter inherent in the Property. The parties agree that such <br /> development rights are now terminated and extinguished, and may not be used on or transferred <br /> to any other property adjacent or otherwise , nor used for the purpose of calculating permissible <br /> lot yield of the Property or any other property by anyone or any entity, including the Grantee . <br /> Page 4 of 18 <br />
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