Orange County NC Website
Browse       Search
BK 6875 PG 2092 DOC# 30116168 <br /> grazing and farming of pastures and fields, and hunting; and to prevent any use of the Easement <br /> Area that will impair 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 Easement Area after any act of God or <br /> other event over which Grantors had no control . Grantors understand that nothing in this <br /> Conservation Easement relieves them of any obligation or restriction on the use of the Easement <br /> 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 36 .242 <br /> acres contiguous areas of the Property. The Easement Area shall not be further divided, <br /> subdivided, or partitioned . No property interest in the Easement Area, including, but not limited <br /> to the fee simple interest, shall be further divided, subdivided, or partitioned. Without limiting <br /> the foregoing, the individual areas included in the Easement Area shall not be conveyed except <br /> all 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 Mitigation. There shall be no use of the Easement Area or any portion <br /> thereof to satisfy compensatory mitigation requirements under 33 USC Section 1344, N . C . G . S . <br /> § 143 -214 . 11 or any successor or replacement provision of the foregoing. <br /> 2A 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 /> Page 5 of 26 <br /> Book 6875 <br />