Orange County NC Website
11 <br /> Conservation Easement relieves them of any obligation or restriction on the use of the Easement <br /> Area imposed by law. <br /> 2. PROPERTY USES. Any activity on, or use of, the Easement Area inconsistent <br /> with the purposes of this Conservation Easement is prohibited. The Easement Area shall be <br /> maintained in its natural, scenic 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 /> the 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 Conveyance and Subdivision. The Easement Area consists of 37.5 acres <br /> contiguous areas of the Property. The Easement Area shall not be further divided, subdivided, or <br /> partitioned.No property interest in the Easement Area, including, but not limited to the fee <br /> simple interest, shall be further divided, subdivided, or partitioned. Without limiting the <br /> foregoing, the individual areas included in the Easement Area shall not be conveyed except all <br /> together in undivided ownership and in their current configuration. <br /> 2.2 Open Space and Development Rights. The Easement Area shall not be <br /> used to satisfy open space or density requirements of any cluster or other development scheme or <br /> plan. The development rights encumbered by this Conservation Easement shall not be transferred <br /> to any other land pursuant to a transfer of development rights scheme, a cluster development <br /> arrangement, or otherwise. <br /> 2.3 Construction. Grantors shall have the right to construct and maintain a <br /> dock, boardwalk, and picnic shelter within the Easement Area. Grantors may construct <br /> driveways, utilities and a well to serve the picnic shelter. The new construction shall be sited so <br /> as to cause minimal disturbance to the conservation values of the Easement Area. The location <br /> and design of the new construction shall be subject to the approval of the Grantee; Grantee <br /> agrees that if the location and design of the new building meets the above standards its approval <br /> shall not be unreasonable withheld. No other structures may be placed or constructed on the <br /> Easement Area. Furthermore, there shall be no constructing or placing of any recreational court, <br /> airplane landing strip, billboard or other advertising display,utility pole (other than those <br /> necessary to service the Easement Area's improvements), utility tower, conduit or line on or <br /> above the Easement Area. Outdoor lighting shall be placed and shielded so as to minimize the <br /> impact on surrounding areas. <br /> 2.4 Existing Improvements. Grantors shall have the right to maintain, <br /> remodel, and repair existing structures,water tanks, water wells, fences, utilities, and other <br /> improvements, and in the event of their destruction, to reconstruct any such existing <br /> improvements with another of similar size, function, capacity, location and material so long as <br /> authorized by Orange County zoning regulations and consistent with permits required by and <br /> issued by Orange County under its laws and ordinances for such reconstruction. <br /> Page 5 of 17 <br />