Orange County NC Website
9 <br /> ARTICLE 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, its representatives, successors, assigns, lessees, <br /> agents, and licensees. <br /> ARTICLE II. RIGHTS RESERVED TO GRANTOR <br /> Grantor reserves certain rights accruing from the fee simple ownership of the Property, <br /> including the right to engage in or permit others to engage in the uses of the Property that are not <br /> inconsistent with this Conservation Easement or the Conservation Values. All rights reserved by <br /> the Grantor, are reserved for Grantor and its successors and assigns, and are considered to be <br /> consistent with this Conservation Easement and the Conservation Values. Grantor shall <br /> continue to own and may use the Property in any lawful manner that is consistent with this <br /> Conservation Easement and the Conservation Values. The Parties acknowledge and agree that <br /> they have no right to agree to any activity that would result in the termination of this <br /> Conservation Easement. <br /> The Property shall be restricted from any development or usage that would impair or <br /> interfere with the Conservation Values including the purposes of this Conservation Easement. <br /> The following uses are reserved as indicated: <br /> A. Passive Recreational Use. Grantor reserves the right to engage in and to permit <br /> others to engage in passive recreational uses of the Property requiring minimal surface alteration <br /> of the land, so long as related alterations, construction, improvements, maintenance, activities, <br /> and uses pose no threat to the Conservation Values. By way of illustration, such passive <br /> recreational uses may include non-commercial hunting, non-commercial fishing, hiking, <br /> walking, scientific study, animal/plant observation, nature and environmental education, historic <br /> tours, photography, and any other purposes consistent with these accepted uses and the <br /> maintenance of the Conservation Values, subject to all applicable federal, state, and local laws <br /> and regulations. All improvements shall be subject to the terms and conditions set forth herein <br /> and by the Grant Contract. Usage of motorized vehicles on the Property is prohibited, except as <br /> they are used on allowed roads, trails, or paths, exclusively for management, maintenance, or <br /> stewardship purposes. <br /> B. Public Use and Access. Grantor reserves the right to allow public access and use of <br /> the Property for the purpose of creating open space with associated passive recreational activities as <br /> provided for herein. <br /> C. Existing Roads and Trails. Grantor reserves the right to maintain existing <br /> unpaved roads and trails on the Property. These roads and trails shall not be paved or covered <br /> with asphalt, but gravel and permanent vegetation may be used to stabilize them. Associated <br /> ditches, culverts, and bridges may be maintained and replaced as necessary as maintenance of <br /> the road or trail. All necessary care shall be taken to maintain existing roads and trails in a <br /> manner so as not to impair any Conservation Values. Existing roads shall not be realigned <br /> without the prior written consent of the Fund. <br /> CWMTF CE Template,entire property,Nov.2018 4 <br /> Combined <br />