Orange County NC Website
Browse       Search
10 <br />surface waters, or cause soil degradation or erosion nor diking, dredging, alteration, draining, <br />filling or removal of wetlands, except activities to restore natural hydrology or wetlands <br />enhancement as permitted by state and any other appropriate authorities. <br />G. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, <br />appliances, or machinery, or other materials on the Easement Area is prohibited. <br />H. Conveyance and Subdivision. The Property may not be subdivided, partitioned <br />nor conveyed, except in its current configuration as an entity or block of property. <br />I. Mitigation. There shall be no use of the Easement Area or any portion thereof <br />to satisfy compensatory mitigation requirement under 33 U.S.C. Section 1344 or N.C.G.S. <br />143- 214.11. <br />ARTICLE IV. ENFORCEMENT AND REMEDIES <br />A. Enforcement. To accomplish the purposes of this Conservation Easement, <br />Grantee is allowed to prevent any activity on or use of the Easement Area that is inconsistent <br />with the purposes of this Conservation Easement and to require the restoration of such areas or <br />features of the Easement Area that may have been damaged by such activity or use. Upon any <br />breach of the terms of this Conservation Easement by Grantor that comes to the attention of <br />the Grantee, the Grantee shall, except as provided below, notify the Grantor in writing of such <br />breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the <br />conditions constituting such breach. If the breach remains uncured after ninety (90) days, the <br />Grantee may enforce this Conservation Easement by appropriate legal proceedings including <br />damages, injunctive and other relief. The Grantee shall also have the power and authority, <br />consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by <br />acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise <br />preserve or protect its interest in the Easement Area; or (c) to seek damages from any <br />appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the <br />immediate right, without notice, to obtain a temporary restraining order, injunctive or other <br />appropriate relief if the breach of the term of this Conservation Easement is or would <br />irreversibly or otherwise materially impair the benefits to be derived from this Conservation <br />Easement. The Grantor and Grantee acknowledge that under such circumstances damage to <br />the Grantee would be irreparable and remedies at law will be inadequate. The rights and <br />remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other <br />rights and remedies available to Grantee in connection with this Conservation Easement, <br />including, without limitation, those set forth in the Grant Agreement under which this <br />Conservation Easement was obtained. <br />B. Right of Entry and Inspection. Grantee, its employees and agents and its <br />successors and assigns, have the right, with reasonable notice, to enter the Easement Area at <br />reasonable times for the purpose of inspecting the Easement Area to determine whether the <br />Grantor, Grantor's representatives, or assigns are complying with the terms, conditions and <br />restrictions of this Conservation Easement. However, if direct access to the Easement Area is <br />10 <br />