Orange County NC Website
10 <br /> Exhibit A will remain on file at the Orange County Department of Environment, Agriculture, <br /> Parks and Recreation. <br /> E. 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 Grantors, for and consideration of the facts recited above and <br /> of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute <br /> and unconditional gift, hereby give, grant and convey unto the Grantee, its successors and <br /> assigns, forever and in perpetuity for the benefit of the people of North Carolina, a Conservation <br /> Easement over the Property of the nature and character as follows: <br /> Except as otherwise reserved to the Grantors in this Conservation Easement, the parties <br /> agree that all development rights appurtenant to the Grantors' Property are hereby released, <br /> terminated and extinguished, and may not be used on or transferred to any portion of the <br /> Grantors' Property as it now or hereafter may be bounded or described, or used or transferred to <br /> any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot <br /> yield of the Grantors' Property or any other property. <br /> 1. PURPOSE. The purposes of this Conservation Easement are to ensure that the <br /> Property will be retained forever predominantly in its natural, scenic, forested, and/or open space <br /> condition; to protect native plants, animals, or plant communities on the Property, while allowing <br /> traditional uses on the Property that are compatible with and not destructive of the conservation <br /> values of the Property such as low impact recreation and related facilities, community gardens, <br /> and open air meeting or gathering spaces; and to prevent any use of the Property that will impair <br /> or interfere with the conservation values or interests of the Property. <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 Grantee against the Grantors and the Grantors' <br /> representatives, heirs, successors and assigns, lessees, agents, and licensees. <br /> Grantors 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 /> Grantors to take any action to restore the condition of the Property after any act of God or other <br /> event over which Grantors had no control. Grantors understand that nothing in this Conservation <br /> Page 4 of 17 <br />