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33 <br /> Model Conservation Easement Revised <br /> F. The Grantors and Grantee have the common purpose of conserving the <br /> above-described conservation values of the Property in perpetuity, and the State of North <br /> Carolina has authorized the creation of Conservation Easements pursuant to the terms of the <br /> North Carolina Conservation and Historic Preservation Agreements Act,N.C. Gen. Stat. § <br /> 121-34 et seq., and G.S. § 153A-176 and G.S. § 160A-266 - 279, which provide for the <br /> enforceability of restrictions, easements, covenants or conditions "appropriate to retaining land <br /> or water areas predominantly in their natural, scenic or open condition or in agricultural, <br /> horticultural, farming, or forest uses," and the Grantors and Grantee wish to avail themselves of <br /> the provisions of those laws. <br /> NOW, THEREFORE, the Grantor, for and consideration of the facts recited above and of <br /> the mutual covenants, terms, conditions and restrictions contained herein hereby give, grant and <br /> convey unto the Grantees, their successors and assigns, forever and in perpetuity for the benefit <br /> of the people of North Carolina, a Conservation Easement over the Property of the nature and <br /> character as follows: <br /> 1. PURPOSE. The primary purposes of this Conservation Easement are to enable <br /> the Property to remain in agricultural use by preserving and protecting its agricultural soils and <br /> agricultural viability and productivity, and to protect the wetlands, riparian areas and surface <br /> waters associated with the streams tributary to the Lake Ben Johnston Reservoir and Eno River <br /> from the risk of adverse impacts arising from use or development of the Property contrary to the <br /> provisions of this Conservation Easement. Except as specifically permitted herein, no activity <br /> that would impair the actual or potential agricultural use of the Property shall be permitted. <br /> Likewise, any activity that would risk causing adverse impact to any stream tributary to the Lake <br /> Ben Johnston Reservoir or the Eno River is prohibited. To the extent that the preservation and <br /> protection of the other natural, historic, recreational, habitat, or scenic values referenced in this <br /> Conservation Easement are consistent with the primary purposes stated above, it is within the <br /> purpose of this Conservation Easement to also protect those values, and no activity that would <br /> significantly impair those values shall be permitted. <br /> As authorized in the Uniform Conservation and Historic Preservation Act,N.C. Gen. <br /> Stat. § 121-34 et seq., this Conservation Easement is perpetual; it restricts the Grantor's property <br /> in perpetuity; and it is enforceable by Grantees against the Grantor and the Grantor's <br /> representatives, heirs, successors and assigns, lessees, agents, and licensees. <br /> Grantor will not perform, nor knowingly allow others to perform, any act on or affecting <br /> the Property that is inconsistent with the purposes of this Conservation Easement. However, <br /> unless otherwise specified below, nothing in this Conservation Easement shall require the <br /> Grantor to take any action to restore the condition of the Property after any act of God or other <br /> event over which Grantor had no control. Grantor understands that nothing in this Conservation <br /> Easement relieves them of any obligation or restriction on the use of the Property imposed by <br /> law. <br /> Page 5 of 22 <br />