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Agenda - 06-21-2022; 8-j - Resolution of Approval – Amendment to the Iski (Panthers Branch) Conservation Easement
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Agenda - 06-21-2022; 8-j - Resolution of Approval – Amendment to the Iski (Panthers Branch) Conservation Easement
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6/16/2022 2:30:27 PM
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6/21/2022
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8-j
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Agenda for June 21, 2022 BOCC Meeting
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5 <br /> "Conservation Easement Property Surveyed for State of North Carolina, Clean Water <br /> Management Trust Fund& Eno River Association, Grant#2017-025"recorded in Plat Book <br /> 119, Page 94, Orange County Registry; and <br /> Grantor previously conveyed to Grantee that"Warranty Deed of Conservation Easement" <br /> recorded at Book 6547, Page 17, Orange County Registry, which encumbers Grantor's said real <br /> property as described in Exhibit A therein(hereinafter"Conservation Easement"); and <br /> Grantors and Grantee have agreed to amend the Conservation Easement, as expressly <br /> provided herein; and references in this Conservation Easement Amendment to the "Property" <br /> means the property described in Exhibit A of the Conservation Easement. <br /> NOW, THEREFORE, for the reasons given herein and in consideration of the terms, <br /> covenants and conditions set forth in the Conservation Easement and this Conservation <br /> Easement Amendment, and other good and valuable consideration, the receipt and sufficiency of <br /> which are hereby acknowledged, Grantor and Grantee hereby amend the terms and provisions of <br /> the said Conservation Easement as follows: <br /> 1. RECITALS E of the Conservation Easement is deleted in its entirety and replaced with <br /> the following: <br /> E. The characteristics and conservation values of the Easement Area, its current use, <br /> and state of improvement, are described in a report entitled "Baseline Report for the lski <br /> Property(Panther's Branch Natural Area)," dated May 8, 2017,updated July 11, 2018 <br /> (hereafter "the Baseline Report")prepared by the Grantor. The Grantor worked with the <br /> Grantee to ensure that the report is a complete and accurate description of the Easement <br /> Area as of the date of this Conservation Easement. It will be used by the Grantor and <br /> Grantee to assure that any future changes in the use of the Easement Area will be consistent <br /> with the terms of this Conservation Easement. However, the Baseline Report is not intended <br /> to preclude the use of other evidence to establish the present condition of the Easement Area <br /> if there is a question about its use. <br /> 2. Paragraphs 2.2 (b) and 2.2 (c) of the Conservation Easement are deleted in their <br /> entirety and replaced with the following: <br /> (b) Existing Structures &Improvements—The remains of a former residential structure <br /> and outbuilding exist on a location identified as "Area A" on that Plat recorded in <br /> Plat Book 119, Page 94 of the Orange County Registry. Existing structures and <br /> improvements may be repaired and replaced within"Area A" and new buildings <br /> located within"Area A"may be constructed without further permission from the <br /> Grantee provided that such construction meets all applicable setback, zoning, and <br /> construction regulations. <br /> (c) New Parking Area Improvements—New parking area improvements consisting of a <br /> driveway, parking area, fencing, and a vault privy system may be built without any <br /> further permission of Grantee provided that such improvements are located within the <br /> Page 2 of 7 <br />
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