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DocuSign Envelope ID:9A4D309B-6AAB-44AA-9D5E-839E5DD918EF
<br /> RB4730 7 2114
<br /> Grantee have agreed that each of these areas will be subject to certain specific restrictions under this
<br /> Conservation Easement based on the unique features of each and their projected use.
<br /> The Property has significant open space, forestry, and wildlife values. The Property contains a
<br /> natural area that provides a"relatively natural habitat for fish, wildlife or plants or similar ecosystem" as
<br /> that phrase is used in Section 170(h)(4)(A)(ii) of the Internal Revenue Code. The Property contains
<br /> complex natural communities including: (a)dry-oak hickory forest dominated by white oak,southern red
<br /> oak, post oak, willow oak,red maple, sweetgum, flowering dogwood,sourwood,cedar and loblolly pine;
<br /> (b) perennially and intermittently-flawing streams that drain to the state significant Little River Aquatic
<br /> Habitat as determined by the North Carolina Natural Heritage Program, and surrounded by Piedmont
<br /> alluvial forest dominated by sycamore, sweetgum, black walnut, tulip poplar, American elm, hackberry,
<br /> green ash, willow oak, red maple, and American holly; and (c) habitat for a variety of wildlife species,
<br /> including blue heron,wild turkey,rabbits,deer,and amphibians and reptiles.
<br /> The biological, natural, and other conservation characteristics of the Property are described and
<br /> depicted in a report entitled Baseline Documentation Report for Northeast Regional Park(the "Baseline
<br /> Documentation Report"}, on file with Grantee, and acknowledged by both Grantor and Grantee to be
<br /> complete and accurate as of the date hereof. Both Grantor and Grantee have copies of the Baseline
<br /> Documentation Report. The Baseline Documentation Report will be used by Grantor and Grantee, as
<br /> well as their respective successors and assigns,to assure that any future changes in the use of the Property
<br /> will be consistent with the terms of this Conservation Easement. However, the Baseline Documentation
<br /> Report is not intended to preclude the use of other evidence to establish the present condition of the
<br /> Property if there is a controversy over its use. The above reference to the Baseline Documentation Report
<br /> shall not limit the terms contained in this Conservation Easement and it is expressly understood that this
<br /> Conservation Easement, and the rights, obligations and privileges contained herein, shall run with the
<br /> Property.
<br /> Grantor owns the entire fee simple interest in the Property, including the entire mineral estate,
<br /> and there are no easements,rights of way or other encumbrances except for matters shown on the Plat and
<br /> the plat recorded at Plat Book 102,Page 32,Orange County Registry.
<br /> The primary purpose of this Conservation Easement is to protect in perpetuity the natural forest
<br /> habitat for wildlife,water and air quality and the open space in the Western Water Quality Envelope and
<br /> the Eastern Forest Envelope (sometimes collectively referred to as, the "Envelopes"). All of these are
<br /> collectively the "Conservation Values." In keeping with the Conservation Values, neither Grantor,
<br /> Grantee, nor their respective heirs, successors, or assigns, shall conduct or allow to be conducted any
<br /> activity on the Property that is inconsistent in any way with the covenants or restrictions contained within
<br /> this Conservation Easement.
<br /> The conservation purposes of this Conservation Easement, notwithstanding anything to the
<br /> contrary contained herein, are recognized by, and this Conservation Easement will serve, the following
<br /> clearly delineated governmental conservation policies:
<br /> ■ The Clean Water Management Trust Fund, N.C.G.S. 113-145.1 et seq., which
<br /> recognizes the importance of protecting riparian buffers in protecting and
<br /> conserving clean surface water;and
<br /> • The Title XII of the Food Security Act of 1985, as amended (16 U.S.C. 3837),
<br /> for the Wetlands Reserve Program;and
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