Orange County NC Website
Browse       Search
<br />NCLWF Property CE Template – rev. Oct 2023 <br />8 of 18 <br /> <br /> <br />interest, shall be divided, subdivided, or partitioned. Without limiting the foregoing, the Property <br />shall not be conveyed except in its current configuration as a single parcel of property. <br /> <br /> K. Open Space and Development Rights. The Property shall not be used to satisfy open <br />space or density requirements of any cluster or other development scheme or plan. The <br />development rights encumbered by this Conservation Easement shall not be transferred to any <br />other land pursuant to a transfer of development rights scheme, a cluster development arrangement, <br />or otherwise. <br /> <br /> L. Mitigation. There shall be no use of the Property or any portion thereof to satisfy <br />compensatory mitigation requirements under 33 USC § 1344, N.C.G.S. §143-214.11 or any <br />successor or replacement provision of the foregoing. <br /> <br /> M. Destruction of Archaeological Resources Prohibited. Notwithstanding anything <br />to the contrary stated herein, Grantor agrees to manage the Property in such a way as to protect <br />the archaeological integrity of the Property and to not disturb, demolish, destroy, or otherwise <br />deface or alter any known archaeological features on the Property without prior written approval <br />of Fund. In the event that an archaeological feature is uncovered during the course of any <br />improvements on the Property or through a natural event such as but not limited to flood or <br />erosion, Grantor shall notify Fund immediately and shall assist with any requested actions by <br />Grantee to document and protect the feature. <br /> <br /> <br />ARTICLE IV. ENFORCEMENT AND REMEDIES <br /> <br /> A. Enforcement and Remedies. Grantee has the right to prevent and stop any <br />violation of this Conservation Easement, including, but not limited to, preventing and stopping <br />any activity on or use of the Property that is inconsistent with this Conservation Easement or its <br />purposes, and to require the prompt restoration to the condition required by this Conservation <br />Easement of such areas or features of the Property that may have been damaged by such <br />violation, activity, or use. Upon any breach of the terms of this Conservation Easement by <br />Grantor that comes to the attention of Grantee, Grantee, may notify Grantor in writing of such <br />breach. Grantor shall have ninety (90) days after receipt of such notice to correct the co nditions <br />constituting such breach. If the breach remains uncured after ninety (90) days, Grantee may <br />enforce this Conservation Easement by legal proceedings for damages, injunctive relief, and any <br />other legal or equitable remedy. Grantee shall also have the power and authority, consistent with <br />its statutory authority: (a) to prevent any impairment of the Property by acts which may be <br />unlawful or in violation of this Conservation Easement, (b) to otherwise preserve or protect its <br />interest in the Property, and (c) to seek damages from any appropriate person or entity. <br />Notwithstanding the foregoing, Grantee has the immediate right, without notice, to obtain a <br />temporary restraining order, injunction, or other appropriate relief if a breach or threatened <br />breach of the terms of this Conservation Easement would irreversibly or materially impair the <br />benefits to be derived from this Conservation Easement. Grantor and Grantee acknowledge that <br />under such circumstances damage to Grantee would be irreparable and remedies at law will be <br />Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E