Orange County NC Website
l� <br /> '11010 <br /> - ARTICLE IV . ENFORCEMENT AND REMEDIES <br /> A . Enforcement and Remedies . Grantee has the right to prevent and stop any <br /> violon of this Conservation Easement, including , but not limited to , preventing and stopping <br /> any a ivity on or use of the Easement Area that is inconsistent with this Conservation Easement <br /> or its pu sets and to require the prompt restoration to the condition required by this <br /> Consery nn Easement of such areas or features of the Easement Area that may have been <br /> damaged uch violation, activity , or use . Upon any breach of the terms of this Conservation <br /> Easement bo rantor that comes to the attention of Grantee , Grantee, may notify Grantor in <br /> writing of sue reach . Grantor shall have ninety ( 90) days after receipt of such notice to correct <br /> the conditions 6qostituting such breach . If the breach remains uncured after ninety (90) days , <br /> Grantee may enfo)e this Conservation Easement by legal proceedings for damages , injunctive <br /> relief, and any oth4legal or equitable remedy . 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 int st in the Easement Area, and (c) to seek damages from any <br /> appropriate person or tint <br /> Notwithstanding the foregoing , Grantee has the immediate right, <br /> without notice, to obtain a eaporary restraining order, injunction, or other appropriate relief if a <br /> breach or threatened breach "e terms of this Conservation Easement is or would irreversibly <br /> or materially impair the bene ii be derived from this Conservation Easement . Grantor and <br /> Grantee acknowledge that undeBolch circumstances damage to Grantee would be irreparable and <br /> remedies at law will be inadequatO.The rights and remedies of Grantee provided hereunder shall <br /> be in addition to , and not in lieu of,\ other rights and remedies available to Grantee in <br /> connection with this Conservation Ee ent, including, without limitation, those set forth in the <br /> Grant Contract under which this Conservation Easement was obtained . <br /> Be Access for Inspection and aght of Ent . Grantee shall have the right, by and <br /> through its agents and employees, to enter t e roperty to inspect the Easement Area for <br /> compliance with this Conservation Easement 0all reasonable times and with prior notice and, if <br /> necessary , cross other lands owned by Grantor the purposes of ( 1 ) inspecting the Easement <br /> Area to determine if Grantor is complying with Conservation Easement and its purposes, (2) <br /> enforcing the terms of this Conservation Easemen ) taking any and all actions with respect to <br /> the Easement Area as may be necessary or approUri to with or without order of the Court, to <br /> remedy or abate violations hereof, and (4) making scientific and educational observations and <br /> studies and taking samples in such a manner as will not disturb the quiet enjoyment of the <br /> Easement Area by Grantor . <br /> C . Termination and Proceeds of PropertLRi hts reated . This Conservation <br /> Easement gives rise to a property right that is immediately vet in Grantee at the time of <br /> recordation, with a fair market value that is equal to the propo o qte value that the <br /> Conservation Easement bears to the full value of the whole Prop , as if unencumbered by the <br /> Conservation Easement, on the date of the recordingof this Consei txon Easement . This <br /> proportionate value shall remain constant . For the purposes of dete ' ing any distribution of <br /> 8of19 <br /> O <br />