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HomeMy WebLinkAbout20090858 Ver 3_IVEY Easement_201204052® I Prepared byand mom ro Kenneth R Emb= NORTH CAROLINA ORANGE COUNTY qJANIEP11111111111 20120224000048230 EASE Bk RB5318 P� 32 02/24/2012 03 45 48 PM 119 FILED Deborah B Brooks Reg istarr9of Deeds 0 'Inge Co NC/'1 Nmoor al E tat TX S ea (��'J 'P(0 9-) S 8 CrL -Lo r - (� r -B 03qb31 -P�D 9'1 S b 33 "� 8 3 (c., PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ( Conservation Easement ) made this 1.4 day of RbyiAa y V , 2012 by and between Viri?ania I F on (unmarred) and Elizabeth M. Iveg( unmarred), ( `Grantor") and Environmental Banc and Exchange-, LLC (Address of Grantee 10055 Red Run Blvd Ste 130, Qnpgs Mills MD 21117) (Grantee) The designation Grantor and Grantee as used herem shall include said parties, their hens, successors and assigns and shall include singular plural masculine, feminine or neuter as required by context RECITALS WHEREAS Grantor owns in fee smiple certain real property situated, lying and being in Orange County North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ( Properly") WHEREAS Grantor and Grantee recognize the conservation, scemc natural or aesthetic value of the property in Its natural state which Includes the following natural communities The purpose of thus Conservation Easement is to maintain wetland and/or riparian resources and other natural values of the Property and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in Its natural condition NOW THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee its heirs, successors and assigns forever and in perpetuity a Conservation Easement of the nature and character and to the extent `\ \" iw �� D 1� M z D z A iv C H�v hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof as follows ARTICLE L DURATION OF EASEMENT This Conservation Easement shall be perpetual This conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor Grantor s personal representatives, heirs successors and assigns, lessees, agents and licensees ARTICLE H PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property Without lumtmg the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder A Disturbance of Natural Features Any change disturbance alteration or impairment of the natural features of the Property or any introduction of non native plants and/or animal species is prolubrted B Construction There shall be no construction or placing of any building, mobile home asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole tower conduit, line pier landing, dock or any other temporary or permanent structure or facility on or above the Property C Industrial Commercial and Residential Use Industrial, residential and/or commercial activities including any right of passage for such purposes are prohibited D Agncultural Grazing and Horticultural Use Agncultural grazing, animal husbandry and horticultural use of the Property are prohibited E Vegeetation There shall be no removal burning destruction, harrrmng, cutting or mowing of trees, shrubs or other vegetation on the Property F Roads and Trails There shall be no construction of roads trails or walkways on the property, nor enlargement or modification to existing roads, trails or walkways G Srgnage_ No signs shall be permitted on or over the Property, except the posting of no trespassing signs signs identifying the conservation values of the Property, signs 11MIM1111111111111 M%319 34 319 giving directions or proscribing rules and regulation for the use of the Property and/or signs identifying the Grantor as owner of the property H Dumpinir or Storage Dumping or storage of soil, trash, ashes, garbage waste abandoned vehicles appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I Excavation. Dredging or Mineral Use There shall be no grading, filling, excavation, dredging, mining or drilling, no removal of topsoil, sand, gravel, rock, peat, minerals or other materials and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns J Water Quality and Drainage Pattern There shall be no diking, drainage dredging, channeling, filling, leveling, pumping unpounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters springs, seeps, or wetlands or use of pesticide or biocides is prohibited. K Development Rights No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise L Vehicles The operation of mechanized velucles, including, but not limited to, motorcycles dirt bikes, all terrain vehicles cars and trucks is prohibited. M Other Prohibitions Any other use of or activity on, the Property which is or may become mconsistent with the purposes of dus grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited ARTICLE III GRANTOR S RESERVERED RIGHTS The Grantor expressly reserves for herself her personal representatives, hews, successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including but not limited to the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell transfer, gift or otherwise convey the Property, in whole or in part, provided such sale transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement ��I�BII�IUII�BI� ARTICLE IV Rs6318 36 4/9 GRANTEE S RIGHTS The Grantee or its authorized representatives, successors and assigns, shall have the right to enter the Property at all reasonable times for the purpose of mspectmg said property to determine if the Grantor, or his personal representatives, hens, successors, or assigns, is complying with the terms conditions, restrictions and purposes of tins Conservation Easement. The Grantee shall also have the right to enter and go upon the Property for Purposes of making scientific or educational observations and studies and taking samples The easement rights granted herein do not include public access rights ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee the Grantee shall notify the Grantor in writing of such breach The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages mlunctzve and other relief Notwrthstandmg the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, nrlunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate The rights and remedies of the Grantee provided hereunder shall be in addition to and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement The costs of a breach, correction or restoration, including the Grantee s expenses, court costs, and attorneys fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the Grantee B No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default C Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action agamst Grantor for any injury or change in the Property resulting from causes beyond the Grantor s control, including, without limitation, fire flood, storm, war acts of God or third parties, except Grantor s lessees or invitees, or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, 1111miII1111111 RS5319 36 WS abate or mitigate significant miury to life, damage to property or harm to the Property z resulting from such causes ARTICLE VI MISCELLANEOUS A. F—am-n-V Grantor warr ants, covenants and represents that it owns Property in fee simple, and that Grantor either owns all interests in the Property winch may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgage, tax hens encumbrances, or other interests in the Property winch have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the clauns of all persons B Subsequent Transfers The Grantor agrees to incorporate the terms of tins Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps C Assr nment The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provide, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns tins Conservation Easement, the organization receiving the interest will be a qualified holder under N C Gen. Stat. § 121 34 et seq and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in tins document. D Entire Agreement and Severabrlaty This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations understandings or agreements relating to the Conservation Easement If any provision is found to be void or unenforceable by a court of competent junsdretron, the remainder shall continue in full force and effect E Obhaatrons of Ownership Grantor is responsible for any real estate taxes assessments fees or charges levied upon Property Grantor shall keep the Property free of any hens or other encumbrances for obligations incurred by Grantor Grantee shall not be responsible for any costs or liability of any land related to the ownership, operation, insurance upkeep, or maintenance of the Property, except as expressly provided herem. Northing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights R95319 37 V9 F Extineumshment In the event that changed conditions render unpossible the continued use of the Property for the conservation purposes this Conservation Easement may only be extinguisher, in whole or in part, by judicial proceeding. G Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking and all incidental and direct damages due to the taking H Proceeds This Conservation Easement constitutes a real property interest immediately vested in Grantee In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of emment domam, Grantee shall be entitled to the fair market value of this Conservation Easement The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of do Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used to calculate a deduction for federal income tax purposes pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or mehgiible for such a deduction) Grantee shall use its share of the proceeds in a matter consistent with the purposes of this Conservation Easement. I Notification. Any notice request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following address (or such address as may be hereafter specified by notice pursuant to this paragraph) Grantor Vngmia I Ferguson 1616 Carl Durham Road Chapel Hill, NC 27516 Grantee Environmental Banc and Exchange LLC 10055 Red Run Blvd, Ste 130 Owings Mills MD 21117 J Failure of Grantee If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee s interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent junsdiction. K Amendment. This Conservation Easement may be amended, but only in writing signed by all parties hereto and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. TO HAVE AND TO HOLD the said rights and easement perpetually unto Grantee for the aforesaid purposes IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written, ;h 9«.r (SEAL) Ehzabeth M Ivey Virginia C Ferguson State of North Carolina County of QlamQnc e- I S&e4=it &W ;i rN , a Notary Public of the County and State aforesaid do hereby certify that Virginia I Ferguson personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed Witness my hand and notarial seal this 24 day of Feb r as • t1 .2012 14-ota& \` CVME My comet. expires a -04- (� jV 4,Q y %orARY ?' s (SEAL) v PUBUG 'Zg State of North Carolina County Of p1iaTnC 11 C�'e- /��qM06"? N c ````��0 ,.(y6 � a Notary the County and State aforesaid do hereby certify that Ehzabeth�M Ivey personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed Witness my hand and notarial seal tlus2A day of -Fe- 6rtto r LP 2012 No Public My Comm expires ```�a Pt11E SgRy� /�yi Tay ( x4poRy =y v= �i � //i �'E AN Feb 24 2012 3 34FM _. �-11 No 4357 P 1 TRACT I Bemg all of Conservation Easement 1 contammg 273,427 square feet as shown on plat and survey thereof entitled " Conservation Easement Elisabeth M. Ivey and Virgm a, L Ferguson property" by The John R. McAdams Company, Inc dated 3/17/11 and recorded m Plat Book 109, pages 180 -183 Orange County Regrstzy TRACT H Bemg all of Conservation Easement 2 contammg 138,922 square feet as shown on plat and survey thereof entitled " Conservation Easement Ehzabeth M. Ivey and Mugm a L Ferguson Property" by The John R McAdams Company, Inc dated 3 /17 111 and recorded m plat Book 109, pages 180 -183 Orange County Registry TRACT III Being all of Consw ationBuffer Restoration Area 3 Easement containing 2,730 square feet as shown on plat and survey thereof entitled " Conservation Basement Elisabeth M. Ivey and Virginia L Ferguson Property" by The John R. McAdams Company, Inc dated 3117/11 and recorded to Plat Book 109, pages 180 -183, Orange County Registry TRACT IV Bemg all of Conservation Easement 4 eontatnuag 71,344 square feet as shown on plat and survey thereof entitled" Conservation Basement Elisabeth M Ivey and V V= I Ferguson Property" by The John R McAdams Company, Inc dated 3117/11 and recorded is Plat Book 109, pages 180-183, Orange County Regestry TRACT V Being all of ConservationBuffer Restoration Area S Easement contamrag 31,600 square feet as shown on plat and survey thereof entitled " Conserve= Easement Eh=berh M. Ivey and Vrgum I Ferguson Property" by The 7olm R McAdams Company, Inc dated 3/17/11 and recorded m Plat Book 109, pages 180 -183, Orange County Registry TRACT VI Bemg all of Conservation/Buffer Restoration Area 6 Easement eontammg 19 ,251 square feet as shown: on plat and survey thereof eimtled " Conservation Easement Elizabeth M. Ivey and Vngmia L Ferguson Property' by Tha John R McAdams Company, � dated 3117 /11 and recorded m Plat Book 109, pages 180 -183, Orange Feb 24 2012 3 34PM No 4357 P 2 TRACT Vt< Being all of Conservation/Buffer Restoration Area 7 Easemvat coutammg 35 922 square feet as shown oa plat and survey thereof entitled " Cooservation Easement Eh Beth M. Ivey and Vugmta L Ferguson Property" by The John R McAdams Company, be dated 3/17/11 and recorded m Plat Book 109, pages 180.183 Orange County Rsgtry TRACT VM Bong aU of Conservation/Bufr RWAratton Area 9 Easement contammg 24,784 square feet as shown on plat and survey thereof entitled Conservation Easement EImbeth M Ivey and Vtrpu I Ferguson Property' by The JbIm R. McAdams Company, Inc dated 3/17/11 and recorded m flat Book 109 pages 180 183, Orange County Rexstry