Orange County NC Website
l.� <br /> 1110 <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 /> � jlforceability of restrictions , easements , covenants or conditions " appropriate to retaining land <br /> ` m water areas predominantly in their natural , scenic or open condition or in agricultural , <br /> li icultural , farming , or forest uses , " and the Grantors and Grantee wish to avail themselves of <br /> thQrovisions of those laws . <br /> N W, THEREFORE, the Grantor, for and consideration of the facts recited above and of <br /> the mu covenants , terms , conditions and restrictions contained herein hereby give , grant and <br /> convey u the Grantees , their successors and assigns , forever and in perpetuity for the benefit <br /> of the peo of North Carolina, a Conservation Easement over the Property of the nature and <br /> character as ows : <br /> l . P VOSE . 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 t streams tributary to the Lake Ben Johnston Reservoir and Eno River <br /> from the risk of adverse ' acts arising from use or development of the Property contrary to the <br /> provisions of this Conse ' on Easement . Except as specifically permitted herein, no activity <br /> that would impair the actua potential agricultural use of the Property shall be permitted . <br /> Likewise, any activity that wci risk causing adverse impact to any stream tributary to the Lake <br /> Ben Johnston Reservoir or the Ko River is prohibited . To the extent that the preservation and <br /> protection of the other natural , h s(oric , recreational , habitat, or scenic values referenced in this <br /> Conservation Easement are consiA8 t with the primary purposes stated above , it is within the <br /> purpose of this Conservation Easen9 tto also protect those values , and no activity that would <br /> significantly impair those values shah be permitted . <br /> As authorized in the Uniform Co rvation and Historic Preservation Act, N . C . Gen . <br /> Stat. § 121 -34 et seq . , this Conservation Ea Wnent is perpetual , it restricts the Grantor ' s property <br /> in perpetuity ; and it is enforceable by Granted against the Grantor and the Grantor ' s <br /> representatives , heirs , successors and assigns , sees , agents , and . licensees . <br /> Grantor will not perform, nor knowingly 4 01 w others to perform , any act on or affecting <br /> the Property that is inconsistent with the purposes 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 under,6nds that nothing in this Conservation <br /> Easement relieves them of any obligation or restriction once use of the Property imposed by <br /> law. Q <br /> IPROPERTY USES . Any activity on, or use of\X& Property inconsistent with the <br /> purposes of this Conservation Easement is prohibited . All prope uses identified within this <br /> conservation easement are and shall be permitted only outside of ( NCLWF Easement <br /> Page 5 of 25 <br />