Agenda 8-j - Resolutions of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C

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Page 5 of 17 nature or other event over which Grantor had no control. Grantor understands that nothing in this Conservation Easement relieves it of any obligation or restriction on the use of the Easement Area imposed by law. 2. PROPERTY USES. Any activity on, or use of, the Easement Area inconsistent with the purposes of this Conservation Easement is prohibited. The Easement Area shall be maintained in its natural and open condition and restricted from any development that would impair or interfere with the conservation values of the Easement Area. Without limiting the generality of the foregoing, the following is a listing of activities and uses which are expressly prohibited or which are expressly allowed. Grantor and Grantee have determined that the allowed activities do not impair the conservation values of the Easement Area. Additional retained rights of Grantor are set forth in Paragraph 3 below. 2.1 Subdivision and Conveyance. The Easement Area consists of two tax parcels that are described in Exhibit A. The Easement Area may not be further divided, subdivided or partitioned to establish additional parcels. Any future conveyance of the fee simple interest in the Easement Area shall be subject to this Conservation Easement. Grantor agrees for itself, its successors and assigns, that in the event it transfers the Easement Area, such transfer is subject to the Grantee’s right of ingress, egress, and regress over and across the Easement Area for the purposes set forth herein. 2.2 Construction. The Grantor’s rights to construct or reconstruct buildings and other improvements are described in subparagraphs (a) through (d) below. Any construction or reconstruction not permitted below is prohibited. Before undertaking any construction or reconstruction that requires advance permission, the Grantor shall notify Grantee and obtain written permission. All construction or reconstruction is subject to Orange County zoning regulations and must be consistent with permits required by and issued by Orange County under its laws and ordinances for such construction activities. (a) Fences – Existing fences may be repaired and replaced, and new fences may be built on the Property to identify property boundaries without any further permission of Grantee. (b) New Parking Area Improvements – New parking area improvements consisting of a driveway, parking area, and fencing, may be built without any further permission of Grantee provided that such improvements are located within the area shown as “Eno River Trace Variable Width Private R/W” or the area shown as " AREA P” on that Plat recorded in Plat Book _______, Page _______ of the Orange County Registry and attached to this easement document as Exhibit C provided that such construction meets all applicable setback, zoning, and construction regulations. 35