Agenda - 10-05-2004-6c - Laserfiche WebLink

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Draft #4 clean (9/14/04) 14 1. Gr°ant offlgricultural mrd Watershed Protection Conservation Easement Grantors hereby voluntarily grant and convey to the parties Grantee, and the parties Grantee hereby voluntarily accept, a perpetual Agricultural and Watershed Protection Conservation Easement (herein "Conservation Easement") in the Property, which Easement is an immediately vested interest in real property of the nature and character described herein. Grantors promise that they will not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants herein. Grantors authorize the parties Grantee to enforce these covenants in the manner described below. Grantors hereby voluntazily grant and convey to the parties Grantee all development rights for the Property, except as otherwise reserved and provided by the terms of this Conservation Easement, that are now or hereafter inherent in the Property. The pazties agree that such development rights are terminated and extinguished, and may not be used on or transmitted to any portion of the Property, as it now or hereafter may be bounded or described, or used or transferred to any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot yield or impervious surface requirements of the Property or any other property. 1. Statement of Purpose The primary purposes of this Agricultural and Watershed Protection Conservation Easement aze to enable the Property to remain in agricultural use by preserving and protecting its agricultural soils and agricultural viability and productivity, and to protect the streams tributary to the Cane Creek Reservoir from the risk of adverse impacts arising from use or development of the Property contrary to the provisions of this Conservation Easement, Except as specifically permitted herein, no activity that would impair the actual or potential agricultural use of the Properly is permitted. Likewise, any activity that would risk causing adverse impact to any strean~ tributary to Cane Creek Reservoir is prohibited. To the extent that the preservation and protection of the natural, historic, recreational, habitat or scenic values referenced in this Conservation Easement are consistent with the primary purposes stated above, it is within the purpose of this Conservation Easement to also protect those values, and no activity that would significantly impair those values shall be permitted.. As authorized in the Uniform Conservation and Historic Preservation Act, N.C. Gen, Stat, § 121-34 et. se9., this Conservation Easement is perpetual; it restricts the Grantors property in perpetuity; and it is enforceable by Grantee against the Grantors, their representatives, heirs, successors and assigns, lessees, agents, and licensees.. .3. Rights mrd Responsibilities Retained by Grantor°s Subject to the terms and restrictions hereof, the Grantors reserve to and for themselves and their successors the right to quiet enjoyment of'the Property and the right to partake in passive recreation on the Property. The Grantors reserve to and for themselves and their successors all customary rights and privileges of ownership, including the rights to sell, lease, and devise the Property, provided such transaction is subject to the terms of this Conservation