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<br />Volpe Conservation Easement 11-24-0.3 draft (clean) <br />NOW, THEREFORE, the Grantors, for and consideration of the facts recited above and <br />of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute <br />and unconditional gift, hereby gives, grants and conveys unto the Grantee, its successors and <br />assigns, forever and in perpetuity for the benefit of the people of North Carolina, a Conservation <br />Easement over the Easement Area of the nature and character as follows: <br />1. PURPOSE. The purposes of this Conservation Easement are to ensure that the <br />Easement Area will be retained forever predominantly in its natural, forested, and open space <br />condition; to protect native plants and animals, or plant communities on the Easement Area, <br />while allowing certain limited uses on the Easement Area that are compatible with and not <br />destructive of the conservation values of the Easement Area, such as research and educational <br />activities that will not impair or interfere with the conservation values or interests of the <br />Easement Area. <br />Grantor's will not perform, nor larowingly allow others to perform, any act on or affecting <br />the Easement Area that is inconsistent with the purposes of this Conservation Easement. <br />However, unless otherwise specified below, nothing in this Conservation Easement shall require <br />the Grantors to take any action to restore the condition of the Easement Area after any act of God <br />or other event over which Grantors had no control. Grantors understand that nothing in this <br />Conservation Easement relieves them of any obligation or restriction on the use of the Easement <br />Area imposed by law.. <br />2, EASEMENT AREA USES. Any activity on, or use of; the Easement Area <br />inconsistent with the proposes of this Conservation Easement is prohibited. The Easement Area <br />shall be maintained in its natural and open condition and restricted from any development that <br />would impair or interfere with the conservation values of the Easement Area. Without limiting <br />flee generality of the foregoing, the following is a listing of activities and uses which are <br />expressly prohibited or which are expressly allowed. Grantors and Grantee have determined that <br />the allowed activities do not impair the conservation values of the Easement Area. Additional <br />retained rights of Grantors are set forth in Paragraph 3 below. <br />2.1 Subdivision. The Property may not be divided, subdivided or partitioned, <br />nor conveyed except in its current configuration as an entity, <br />2.2 Construction. Grantors shall have the right to construct and maintain <br />natural surface trails for pedestrian use only within the Easement Area as long as the trails are no <br />more than 8 feet wide and no closer to rivers or streams than what is allowed by the State of <br />North Carolina's riparian buffer protection piles for the Neuse River Basin (Title I SA NCAC <br />02B .02.32).. The trails must be constructed with pervious materials, except where wooden steps <br />or bridges are required by the terrain. New trails must be located a mininnun of fifteen (15) feet <br />from the top of the bazilc of the Eno River and its tributaries and should be sited so as to cause <br />minimal disturbance to the conservation values of the Easement Area. <br />Page .3 of 14 <br />