Orange County NC Website
~~ <br />Program is to provide for compensatory mitigation by effective protection of the land, water and <br />natural resources of the. State by restoring, enhancing and preserving ecosystem functions; and <br />WHEREAS, the acceptance of this instrument for and on behalf of the State of North <br />Carolina was granted to the Department of Administration by resolution as approved by the <br />Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, <br />on the 8th day of February 2000; and <br />WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being <br />in Orange County, North Carolina (the "Property"), and being more particularly described as a <br />tract of land located in Orange County, North Carolina, containing acres, more or less, <br />and which is more particularly described in a deed recorded in Deed Book ,Page _, <br />Orange County Registry and depicted and/or described on a Plat recorded in Plat Book _ Page <br />_, Orange County Registry. PIN: .Reference to said deed and plat are hereby <br />made for a more particular description. The Property is depicted on Exhibit A as Tract 1, <br />attached hereto and incorporated herein; and <br />WHEREAS, Graritor is willing to grant a Conservation Easement over the herein <br />described areas of the Property, thereby restricting and limiting the use of the included areas of <br />the Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing <br />to accept such Conservation Easement. Thrs Conservation Easement shall be for the protection <br />and benefit of the waters of New Hope Creek, a tributary to Jordan Lake. <br />NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and <br />restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and <br />conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation <br />Easement of the nature and character and to the extent hereinafter set forth, over a described area <br />of the Property, referred to hereafter as the "Easement Area", for the benefit of the people of <br />North Carolina, and being all of the tract of land'as identified as Tract as shown on a plat <br />of survey entitled " "dated ,certified by ,and recorded <br />in Map Book ,Page Orange County Registry. Tract being more <br />particularly described in Exhibit A attached hereto and by this reference incorporated herein. <br />The purposes of this Conservation Easement are to maintain, restore, enhance, create and <br />preserve wetland and/or riparian resources in the Easement Area that contribute to the protection <br />and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, <br />and recreational opportunities; to maintain permanently the Easement Area in its natural <br />condition, consistent with these purposes; and to prevent any use of the Easement Area that will <br />significantly impair or interfere with these purposes. To achieve these purposes, the following <br />conditions and restrictions are set forth: <br />I. DURATION OF EASEMENT <br />This Conservation Easement shall be perpetual. It is an easement in gross, runs with the <br />land, and is enforceable by Grantee against Grantor, their personal representatives, heirs, <br />successors, and assigns, lessees, agents, and licensees. <br />2 <br />