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Agenda - 09-02-2003-5b
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Agenda - 09-02-2003-5b
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Last modified
9/1/2008 10:26:24 PM
Creation date
8/29/2008 10:50:34 AM
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BOCC
Date
9/2/2003
Document Type
Agenda
Agenda Item
5b
Document Relationships
Minutes - 20030902
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
RES-2003-060 Resolution - Purchase of Steep Bottom Branch Conservation Easement
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2003
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Steep Bottom Branch Conservation Easement <br />7-11-03 draft 7 <br />intended to preclude the use of other evidence to establish the present condition of the Easement <br />Area if there is a question about its use. <br />E. The Grantor and Grantee have the common purpose of conserving the <br />above-described conservation values of the Easement Area in perpetuity, and the State of North <br />Carolina has authorized the creation of Conservation Easements pursuant to the terms of the <br />North Carolina Conservation and Historic Preservation Agreements Act, N.C. Gen. Stat. § <br />121-34 et seq., and N.C. Gen. Stat. §§ 160A-266 - 279, which provide for the enforceability of <br />restrictions, easements, covenants or conditions "appropriate to retaining land or water areas <br />predominantly in their natural, scenic or open condition or in agricultural, horticultural, farming, <br />or forest uses," and which provide for tax assessment of lands subject to such agreements "on the <br />basis of the true value of the land and improvements less any reduction in value caused by the <br />agreement"; and the Grantor and Grantee wish to avail themselves of the provisions of those <br />laws. <br />NOW, THEREFORE, the Grantor, for and consideration of the facts recited above and of <br />the mutual covenants, terms, conditions and restrictions contained herein and as an absolute and <br />unconditional gift, hereby gives, grants and conveys unto the Grantee, its successors and assigns, <br />forever and in perpetuity for the benefit of the people of North Carolina, a Conservation <br />Easement over the Easement Area of the nature and character as follows: <br />1. PURPOSE. The purposes of this Conservation Easement are to ensure that the <br />Easement Area will be retained forever predominantly in its natural, forested, and open space <br />condition; to protect native plants and animals, or plant communities on the Easement Area, <br />while allowing certain limited uses on the Easement Area that are compatible with and not <br />destructive of the conservation values of the Easement Area, such as research and educational <br />activities that will not impair or interfere with the conservation values or interests of the <br />Easement Area. <br />Grantor will not perform, nor knowingly allow others to perform, any act on or affecting <br />the Easement Area that is inconsistent with the purposes of this Conservation Easement. <br />However, unless otherwise specified below, nothing in this Conservation Easement shall require <br />the Grantor to take any action to restore the condition of the Easement Area after any act of God <br />or other event over which Grantor had no control. Grantor understands that nothing in this <br />Conservation Easement relieves them of any obligation or restriction on the use of the Easement <br />Area imposed by law. <br />2. EASEMENT AREA USES. Any activity on, or use of, the Easement Area <br />inconsistent with the purposes of this Conservation Easement is prohibited. The Easement Area <br />shall be maintained in its natural 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. Grantor and Grantee have determined that <br />
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