Orange County NC Website
<br />NCLWF Property CE Template – rev. Oct 2023 <br />3 of 18 <br /> <br /> <br />Moreover, Grantor and Grantee recognize that the Property has other conservation values <br />and purposes, including fish and wildlife conservation, open space values, scenic values, and <br />archaeological values (hereinafter, collectively with the conservation values described in this <br />Section E of the Recitals and the conservation purposes of this Conservation Easement, the <br />“Conservation Values”). <br /> <br /> F. Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River <br />Association has received or will receive a grant from Fund in accordance with Grant Contract <br />No. 2023-020 between Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno <br />River Association and Fund dated September 20, 2023 (the “Grant Contract”). In the Grant <br />Contract, Association for the Preservation of the Eno River Valley, Inc., d.b.a. Eno River <br />Association agreed to facilitate the conveyance of this Conservation Easement. The Grant <br />Contract is on file and available for public inspection in the offices of Association for the <br />Preservation of the Eno River Valley, Inc., d.b.a. Eno River Association and Fund. The Grant <br />Contract and this Conservation Easement are collectively referred to herein as the “Project.” <br /> <br /> G. Grantor and Grantee acknowledge that the Property is currently unencumbered <br />except as permitted in Article V of this Conservation Easement. The Property’s characteristics, <br />its current use, and its state of improvement are described in a Baseline Documentation Report <br />(the “BDR”), which was required under the Grant Contract and is on file and available for public <br />inspection in the offices of Association for the Preservation of the Eno River Valley, Inc., d.b.a. <br />Eno River Association and Fund. The Parties acknowledge that the BDR is the appropriate basis <br />for monitoring compliance with the objectives of preserving the Conservation Values and that it <br />is not intended to preclude the use of other evidence (e.g. surveys, appraisals) to establish the <br />condition of the Property at the time of the execution of this Conservation Easement if there is a <br />controversy over such condition. <br /> <br /> NOW, THEREFORE, in consideration of the premises and the mutual benefits recited <br />herein, together with other good and valuable consideration, the receipt and sufficiency of which <br />are hereby acknowledged by the Parties, Grantor hereby unconditionally and irrevocably gives, <br />grants, and conveys forever and in perpetuity to Grantee, its successors and assigns, and Grantee <br />hereby accepts, this Conservation Easement of the nature and character and to the extent <br />hereinafter set forth in, on, over, under, through, above, and across the Property, together with <br />the right and easement to preserve and protect the Conservation Values. <br /> <br /> The purpose of this Conservation Easement is to protect and preserve the Conservation <br />Values as outlined above in Section E of the Recitals including the conservation purposes and it <br />shall be so held, maintained, and used therefor. Grantor hereby conveys to Grantee all <br />development rights that are now or hereafter allocated to, or are implied or inherent in, the <br />Property, and the Parties agree that such rights are terminated and extinguished, and may not be <br />used on or transmitted to any other property. It is the further purpose of this Conservation <br />Easement to prevent any use of the Property that will impair or interfere with the preservation of <br />the Conservation Values. Grantor intends that this Conservation Easement will restrict the use of <br />the Property to such activities as are consistent with the Conservation Values. <br />Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E