Agenda - 11-18-2003-8g - Laserfiche WebLink

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7 Natural Resources, the Grantor and Fund and according to Land Use Element of the Orange County Comprehensive Plan, adopted September 2, 1981, ("Master Plan") and amendments thereto. The Parties further aclcirowledge and agree that Grantee will accept this Conservation Easement; that the State of No:-th Carolina will be the ultimate Grantee and Holder of this Conservation Easement; and, that Grantor has received consideration for granting this easement to the Grantee and restricting the uses of the Easement Area. I. The Parties acknowledge that the characteristics of the Easement-Area, its current use and state of improvement are described in Exhibit C, which is the appropriate basis for monitoring compliance with thf: objectives of preserving the conservation and water quality values; and that the Exhibit C is not intended to preclude the use of other evidence (e.g. surveys, appraisals) to establis] i the present condition of the Easement Area if there is a controversy over its use. NOW, THEREFORE, v i consideration of the premises and the mutual benefits recited herein, together with other goe d and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the Grantor hereby unconditionally and irrevocably gives, grants and conveys forever and in perpetuity to the Grantee, its successors and assigns, and the Grantee hereby accepts, a Deed of Conservation Easement of the nature and character and to the extent Hereinafter set forth in, over, through and across the Easement Area, together with the right to preserve and protect the conservation values thereof as described in the Recitals herein. The purposes of this Conservation Easement are to provide environmental protection for surface waters an~ 1 to protect the wildlife and natural heritage values and it shall be so held, maintained, and u:~ed therefore. It is the further purpose of this Conservation Easement to prevent any use of the Easement Area that will significantly impair or interfere with the preservation of said ~~onservation values. Grantor intends that this Conservation Easement will restrict use of the Easement Area to such activities as are consistent with the conservation values described in the Recitals herein. ARTICLE I. DURATION OF EASEMENT This Conservati~~n Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, its representatives, successors, assigns, lessees, age~its and licensees. ARTICLE II. RIGHTS RESERVED TO GRANTOR Grantor reserve,; certain rights accruing from fee simple ownership of the Easement Area, including the sight to engage in or permit others to engage in uses of the Easement Area that are not ina~nsistent with the purpose(s) of this Conservation Easement. All rights reserved by Grantors ~~re reserved for Grantors, their representatives, successors, and assigns, and are considered ':o be consistent with the conservation purposes of this Conservation Easement. The following rights are expressly reserved: