Orange County NC Website
=612220004876 0 EASE <br /> Bk.-R03938 P -582 <br /> 1212212M 03:18: 3PI1 5111 <br /> L. 'Subdivision and couveyarim No further subdivision, partitioning, or dividing <br /> of the Easement Area is allowed, Unless agreed to by the Grantee in writing, any future <br /> conveyance of the Easement Area and the rights as conveyed herein shall be as a single block of <br /> property. Any future conveyance of the remaining fee simple rights shall be subject to this <br /> Conservation Easement. Grantor agrees for itself, its successors and assigns, that in the event it <br /> transfers the Property, or any portion thereof, such transfer is subject to the Grantee's right of <br /> ingress, egress, and regress over and across the Property to the Easement Area for the purposes <br /> set forth herein. <br /> M. Development Rights. All development rights except those specifically set forth <br /> in Section F are removed from the Easement Area and shall not be transferred. <br /> N. DIsturbance of Natural Features. Any change, disturbance, alteration or <br /> impairment of the natural features of the Easement Area or any intentional introduction of non- <br /> native plants,trees and/or animal species by Grantor is prohibited. <br /> The Grantor may request permission to vary from the above restrictions for good cause <br /> shown, provided that any such request is consistent with the purposes of this Conservation <br /> Easement, The Grantor shall not vary from the above restrictions without first obtaining written <br /> approval from the N.C. Ecosystem Enhancement Program,whose mailing address is 1652 Mail <br /> Services Center,Raleigh,NC 27699-1652. <br /> III. GRANTEE RESERVED USES <br /> A. Ingress, Egress, Regress and Inspection. The Grantee, its employees and <br /> agents,successors and assigns, receive the perpetual right of general ingress, egress, and regress <br /> to the Easement Area over the Property at reasonable times to undertake any activities to restore, <br /> manage, maintain, enhance, and monitor the wetland and riparian resources of the Easement <br /> Area, in accordance with restoration activities or a long-term management plan. Unless <br /> otherwise specifically set forth in this Conservation Easement, the rights granted herein do not <br /> include or establish for the public any access rights. <br /> B. Restoration Activities. These activities include planting of trees, shrubs and <br /> herbaceous vegetation, installation of monitoring wells,utilization of heavy equipment to grade, <br /> fill,and prepare the soil,modification of the hydrology of the site, and installation of natural and <br /> manmade materials as needed to direct in-stream,above ground,and subterraneous water flow. <br /> IV. ENFORCEMENT AND REMEDIES <br /> A. Enforcement, To accomplish the purposes of this Conservation Easement, <br /> Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the <br /> purposes of this Easement and to require the restoration of such areas or features of the Easement <br /> Area that may have been damaged by such activity or use.Upon any breach of the terms of this <br /> Conservation Easement by Grantor, their successors or assigns,that comes to the attention of the <br /> Grantee, the Grantee shall, except as provided below, notify the Grantor, their successors or <br /> assigns in writing of such breach, The Grantor shall have ninety(90) days after receipt of such <br /> notice to correct the conditions constituting such breach. If the breach remains uncured after <br /> ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal <br /> i 5 <br /> I <br /> I <br /> 82 <br />