HomeMy WebLinkAbout20090858 Ver 3_IVEY Easement_201204052®
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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
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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
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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
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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
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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,
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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
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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
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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