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Agenda - 05-01-2018 8-j - Resolutions of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C
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Agenda - 05-01-2018 8-j - Resolutions of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C
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BOCC
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5/1/2018
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8-j
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Agenda - 05-01-2018 Regular Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2018\Agenda - 05-01-2018 Regular Meeting
Minutes 05-01-2018
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\Board of County Commissioners\Minutes - Approved\2010's\2018
ORD-2018-016 Resolution of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2018
RES-2018-031 Resolution of approval of conservation easement - Iski
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\Board of County Commissioners\Resolutions\2010-2019\2018
RES-2018-032 Resolution of approval of conservation easement - Hobgood
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\Board of County Commissioners\Resolutions\2010-2019\2018
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Page 4 of 18 <br /> <br /> D. The characteristics and conservation values of the Easement Area, its current <br />use, and state of improvement, are described in a report entitled “Baseline Report for the <br />Panther’s Branch Property,” dated April 2018 (hereafter “the Baseline Report”) prepared by the <br />Grantor, of which a summary is attached as Exhibit B to this Conservation Easement. The <br />Grantor worked with the Grantee to ensure that the report is a complete and accurate <br />description of the Easement Area as of the date of this Conservation Easement. It will be used <br />by the Grantor and Grantee to assure that any future changes in the use of the Easement Area <br />will be consistent with the terms of this Conservation Easement. However, the Baseline Report <br />is not intended to preclude the use of other evidence to establish the present condition of the <br />Easement Area if there is a question about its use. <br /> <br />E. The Grantor and Grantee have the common purpose of conserving the <br />above-described conservation values of the Easement Area in perpetuity, and the State of <br />North Carolina has authorized the creation of Conservation Easements pursuant to the terms of <br />the Uniform North Carolina Conservation and Historic Preservation Agreements Act, NCGS § <br />121-34 et seq., which provides that conservation easements are “interests in land,” which may <br />be effective “perpetually;” which provides for the enforceability of restrictions, easements, <br />covenants or conditions "…appropriate to retaining land or water areas predominantly in their <br />natural, scenic or open condition or in agricultural, horticultural, farming, or forest uses…;" and <br />which provide for tax assessment of lands subject to such agreements "on the basis of the true <br />value of the land and improvements less any reduction in value caused by the agreement"; and <br />the Grantor and Grantee wish to avail themselves of the provisions of those laws. <br /> <br />NOW, THEREFORE, for the reasons given and other good and valuable consideration, <br />and in consideration of their mutual covenants, terms, conditions and restrictions contained <br />herein, the Grantor hereby voluntarily grants and conveys to the Grantee, and the Grantee <br />hereby voluntarily accepts, a perpetual Conservation Easement in the Property of the nature <br />and character as follows, which Easement is an immediately vested interest in real property of <br />the nature and character described herein: <br /> <br /> 1. PURPOSE. As outlined in the Recitals above, the purposes of this Conservation <br />Easement are to ensure that the Easement Area will be retained forever, predominantly in its <br />natural, forested, and open space condition; to protect native plants and animals, and plant <br />communities on the Easement Area, while allowing certain limited uses on the Easement Area <br />that are compatible with and not destructive of the conservation values of the Easement Area; <br />and to prevent any use of the Easement Area that will significantly impair or interfere with <br />conservation values or interests of the Easement Area. <br /> <br />Grantor will not perform, nor knowingly allow others to perform, any act on or affecting <br />the Easement Area that is inconsistent with the purposes of this Conservation Easement. <br />However, unless otherwise specified below, nothing in this Conservation Easement shall require <br />the Grantor to take any action to restore the condition of the Easement Area after any act of <br />16
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