OTHER-2024-091-Deed of Conservation Easement for Circular Design Construction, LLC

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BK 6866 PG 695 DOC# 30111878 D. The characteristics of the Easement Area, its current use and state of improvement, are depicted on an Orange County GIS map and sketch of the Easement Area.and other adjoining property of Grantor prepared by Grantee for the Grantor, which is attached as Exhibit A to this Conservation Easement and incorporated herein by reference. The Grantor worked with the Grantee to ensure that the GIS map and sketch is a complete and accurate description of the Easement Area as of the date of this Conservation Easement. It will be used by the Grantor and Grantee to assure that any future changes in the use of the Easement Area will be consistent with the terms of this Conservation Easement. However, the GIS map and sketch is not intended to preclude the use of other evidence to establish the present condition of the Easement Area if there is a controversy over its use. The Grantor and Grantee have copies of Exhibit A.The original of Exhibit A will remain on file at the Orange County Department of Environment, Agriculture, Parks and Recreation. E. The Grantor and Grantee have the common purpose of conserving the above-described conservation values of the Easement Area in perpetuity, and the State of North Carolina.has authorized the creation of Conservation Easements pursuant to the terms of the North Carolina Conservation and Historic Preservation Agreements Act,N.C. Gen. Stat. § 121-34 et seq., and G.S. § 153A-176 and G.S. § 160A-266 - 279, which provide for the enforceability of restrictions, easements, covenants or conditions "appropriate to retaining land or water areas predominantly in their natural,scenic or open condition or in agricultural,horticultural,fanning,or forest uses," and the Grantor and Grantee wish to avail themselves of the provisions of those laws. NOW,THEREFORE,the Grantor,for and consideration of the facts recited above and of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute and unconditional gift, hereby give, grant and convey unto the Grantee, its successors and assigns, forever and in perpetuity for the benefit of the people of North Carolina, a Conservation Easement over the Easement Area of the nature and character as follows: Except as otherwise reserved to the Grantor in this Conservation Easement,the parties agree that all development rights appurtenant to the Easement Area are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Grantor's Property as it now or hereafter may be bounded or described,or used or transferred to any other property adjacent or otherwise,nor used for the purpose of calculating permissible lot yield of the Grantor's Property or any other property. 1. PURPOSE. The purposes of this Conservation Easement are to ensure that the Easement Area will be retained forever predominantly in its natural, scenic, forested, and/or open space condition;to protect native plants,animals,or plant communities on the Easement Area,while allowing traditional uses on the Easement Area that are compatible with and not destructive of the conservation values of the Easement Area such as low impact recreation and related facilities, community gardens, and open air meeting or gathering spaces; and to prevent any use of the Easement Area that will impair or interfere with the conservation values or interests of the Easement Area. As authorized in the Uniform Conservation and Historic Preservation Act,N.C. Gen.Stat. § Page 4 of 17