Orange County NC Website
<br />NCLWF Property CE Template – rev. Oct 2023 <br />12 of 18 <br /> <br /> <br />11. Rights of others thereto entitled in and to the continued uninterrupted flow of water through <br />ditch(es), stream(s), creek(s) or gully(ies) crossing the Land, or an abutting pond incident to the <br />Land, without diminution. <br /> <br />12. Title to that portion of the Land within the right-of-way of Dimmocks Mill Road. <br /> <br />ARTICLE VI. MISCELLANEOUS <br /> <br /> A. Stewardship of the Conservation Easement. Pursuant to the terms of the Grant <br />Contract and any contract for stewardship of the Property entered into pursuant to the Grant <br />Contract, Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River <br />Association will monitor and observe the Property in perpetuity to assure compliance with the <br />purposes and provisions of this Conservation Easement and the provisions of the Grant Contract, <br />and will report on the condition of the Property, or provide for such reporting, to State and Fund <br />no less frequently than once a year, and further will report immediately to State and Fund any <br />observed and/or known violations of this Conservation Easement or the Grant Contract. The <br />Parties acknowledge that the associated stewardship monies awarded under the Grant Contract <br />are administered pursuant to N.C.G.S. §143B-135.236 which establishes the North Carolina <br />Conservation Easement Endowment Fund, or any successor law, and Fund’s internal policies and <br />procedures, and that Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno <br />River Association’s obligation to monitor the Property at any given time is contingent on the <br />availability of said stewardship funds. Further, the Parties acknowledge that this obligation to <br />monitor the Property is assignable provided such assignment is made with the prior written <br />approval of Fund and evidenced by a written instrument signed by the Parties thereto and <br />recorded in the Office of the Register of Deeds of Orange County. Provided further, that any <br />such assignment of Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno <br />River Association’s obligation to monitor the Property shall include a right of entry onto the <br />Property for the assignee of said monitoring obligation, and shall require the monitoring to be <br />carried out in accordance with and subject to N.C.G.S. §143B-135.236 or any successor law, and <br />Fund’s internal stewardship policies and procedures. The Parties specifically acknowledge that <br />neither Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River <br />Association’s obligation to monitor the Property, nor its assignment of said obligation, shall have <br />any effect on the rights and obligations of Grantee of this Conservation Easement. Further, the <br />Parties covenant that the obligation to provide monitoring of the Property will survive any <br />transfer of Grantor’s fee interest in the Property. <br /> B. Subsequent Transfers of the Fee or Other Interests; Licenses. Grantor agrees for <br />itself, its successors and assigns, that in the event it intends to transfer the Property, any interest <br />in the Property, or any license to use the Property, to notify Grantee and Fund in writing of the <br />names and addresses of any party to whom the Property, any interest in the Property, or any <br />license to use the Property, is to be transferred, the nature of the interest or license to be <br />transferred, and the terms and conditions of the intended transfer, at least sixty (60) days before <br />the transfer is intended to be consummated. Grantor, for itself, its successors and assigns, further <br />agrees to make specific reference to this Conservation Easement in a separate paragraph of any <br />subsequent lease, deed, license, or other legal instrument by which any interest or license in the <br />Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E