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HomeMy WebLinkAboutS Conservation Easement - Mark and Lori VolpePrepared by and return to: Geoffrey E. Gledhill; Coleman, Gledhill, Hargrave and Peek; P.O. Drawer 1529; Hillsborough, NC .27278 NORTH CAROLINA COUNTY OF ORANGE WARRANTY N~?~A~STI1:~; This Grant of Conservation Easement (hereinafter "Conservation Easement") is made the ~ti day of February, 2004 by,~,-T#.'E~,'~Z!~ amd'L+~?RT.AI~,YQ~,;"husband and wife, having an address at 1717 Halls Mill Road, Hillsborough, NC 27278 (hereinafter "Grantors") and ORANGE COUNTY, NORTH CAROLINA, having an address of Post Office Box 8181, Hillsborough, NC 2727$ (hereinafter "Grantee"). The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter pronouns as required by context. RECITALS A. The Grantors are the sole owners in fee simple of certain Property, more particularly described in Exhibit A, attached hereto and incorporated herein (the "Property") which consists of approximately 23.51 acres of land, located in Cheeks Township, Orange County, North Carolina, and identified as that portion of "LOT 1" that is within the "CONSERVATION EASEMENT AREA" on the plat of property dated Dea~,.~6~r Zov_'~ titled "Property Surveyed for Orange County," prepared by Alois Callemyn, Professional Land Surveyor, which plat is recorded at Plat Book93 Page r~is Orange County Registry (PIN 9856- 45-5386). The property includes the improvements that are described in Exhibit B, attached hereto and incorporated herein. These lands, comprising approximately 23.51 acres, are hereinafter referred to as either "the Property," "the Grantors' Property" or the "Easement Area." The Grantors wish to maintain the Property as a combination of woodland and open. space suitable as habitat for the native flora and fauna of the North Carolina Piedmont, and to protect the quality of water running off from this Pagelofl5 land and into the Eno River, which river has both conservation value and is a public water supply for residents of Orange County. B. The Grantee is a body politic existing under Chapter 153A of the North Carolina General Statutes. C. The Easement Area is a significant natural area that qualifies in its present condition as a "...relatively natural habitat offish, wildlife, or plants, or similar ecosystem," as that phrase is used in P.L. 96-541, 26 UCS 170(h)(A)(ii), as amended, and in regulations promulgated thereunder. Specifically, the Easement Area is habitat for a variety of native plants and animals known to inhabit the Eno River Refuge System as described on Pages 41-42 of the Inventory of the Natural Areas and Wildlife Habitats of Orange County,. North Carolina (December 1988), by Dawson Sather and Stephen Hall in coordination with the North Carolina Natural Heritage Program. The Easement Area also includes land within a zone designated by Orange County as a "critical area" of a protected water supply watershed for the Corporation Lake Reservoir and Lake Ben Johnson Reservoir. Another primary purpose of this Easement is to protect the largely undeveloped nature of the Grantors' Property and, in doing so, helping to protect the high quality of that drinking water supply serving the people of Orange County. The Easement Area also contributes to the open space and rural character of northern Cheeks Township and the Upper Eno Protected Watershed, so classified in the Orange County Zoning Ordinance. It is a further purpose of this Easement to help to protect the rural character and open space of northern Cheeks Township. .The natural and wildlife habitat resources of the Property, and its contribution to the protection of the area water supply and rural character, and the other conservation interests described herein are collectively referred to as the "conservation values" of the Easement Area. D. The characteristics of the Easement Area, its current use and state. of improvement, are depicted on an Orange County GIS map and sketch of the Easement Area and other adjoining property of Grantors prepared by Grantee for the Grantors, which is attached as Exhibit B to this Conservation Easement and incorporated herein by reference. The Grantors worked with the Grantee to ensure that the GIS map and sketch is a complete and accurate description of the Easement Area as of the date of this Conservation Easement. It will be used by the Grantors and Grantee to assure that any future changes in the use of the Easement Area will be consistent with the terms of this Conservation Easement. However, the GIS map and sketch is not intended to preclude the use of other evidence to establish the present condition of the Easement Area if there is a question about its use. Page 2 of 15 E. The Grantors and Grantee have the common purpose of conserving the above-described conservation values of the Easement Area in perpetuity, and the State of North Carolina has authorized the creation of Conservation Easements pursuant to the terms of the North Carolina Conservation and Historic Preservation Agreements Act, N.C. Gen. Stat. § 121-34 et seq., and N.C. Gen. Stat. §§ 160A-266 - 279, which provide for the enforceability of restrictions, easements, covenants or conditions "appropriate to retaining land or water areas predominantly in their natural, scenic or open condition or in agricultural, horticultural, farming, or forest uses," and which provide for tax assessment of lands subject to such agreements "on the basis of the true value of the land and improvements less any reduction in value caused by the agreement"; and the Grantors and Grantee wish to avail themselves of the provisions of those laws. NOW, THEREFORE, the Grantors, for and consideration of the facts recited above and of the mutual covenants, terms, conditions and restrictions contained herein, hereby give, grant and convey unto the Grantee, its successors and assigns, forever and in perpetuity for the benefit of the people of North Carolina, a Conservation Easement over the Easement Area of the nature and character as follows: 1. PURPOSE. The purposes of this Conservation Easement are to ensure that the Easement Area will be retained forever predominantly in its natural, forested, and open space condition; to protect native plants. and animals, or plant communities on the Easement Area, while allowing certain limited uses on the Easement Area that are compatible with and not destructive of the conservation values of the Easement Area, such as research and educational activities that will not impair or interfere with the conservation values or interests of the Easement Area. Grantors will not perform, nor knowingly allow others to perform, any act on or affecting the Easement Area that is inconsistent with the purposes of this Conservation Easement. However, unless otherwise specified below, nothing in this Conservation Easement shall require the Grantors to take any action to restore the condition of the Easement Area after any act of God or other event over which Grantors had no control. Grantors understand that nothing in this Conservation Easement relieves them of any obligation or restriction on the use of the Easement Area imposed bylaw. 2. EASEMENT AREA USES. Any activity on, or use of, the Easement Area inconsistent with the purposes of this Conservation Easement is prohibited. The Easement Area shall be maintained in its natural and open condition and restricted from any development that would impair or interfere with the conservation values of the Easement Area. Without limiting the generality of the foregoing, the following is a listing of activities and uses .which are expressly prohibited or which are expressly allowed. Grantors and Grantee have determined that the allowed activities do not impair the conservation values of the Easement Area. Additional retained rights of Grantors are set forth in Paragraph 3 below. Page 3 of 15 2.1 Subdivision. The Property may not be divided, subdivided or partitioned, nor conveyed except in its current configuration as an entity. 2.2 Construction. Grantors shall have the right to construct and maintain natural surface trails, for pedestrian use only, within the Easement Area as long as the trails are no more than 8 feet wide and no closer to rivers or streams than. what is allowed by the State of North Carolina's riparian buffer protection rules for the Neuse River Basin (Title 15A NCAC 02B .0232). The trails must be constructed with pervious materials, except where wooden steps or bridges are required by the terrain. New trails must be located a minimum of fifteen (15) feet from the top of the bank of the Eno River and its tributaries and should be sited so as to cause minimal disturbance to the conservation values of the Easement Area. Grantors have the right to construct two (2) gazebos with a combined footprint containing no more than 200 square feet and no more than four (4) benches within the Easement Area. No other structures may be placed or constructed in the Easement Area. Furthermore, there shall be no constructing or placing of any outdoor lighting, utility pole, utility tower, conduit or line on or above the Easement Area. 2.3 Maintaining Improvements. Grantors shall have the right to maintain, remodel, and repair permitted improvements, and in the event of their destruction, to reconstruct any permitted improvement with another of similar size, function, capacity, location and material so long as authorized by Orange County zoning regulations and consistent with permits required by and issued by Orange County under its laws and ordinances for such reconstruction. 2.4 Agricultural Use. Agricultural uses on the Easement Area are prohibited. 2.5 Timber Harvest. Commercial timbering of trees within the Easement Area is prohibited. Trees maybe removed, cut and otherwise managed to control insects and disease, to prevent personal injury and property damage, and for firewood and construction of permitted improvements in the Easement Area and fences that maybe located on Grantors' property adjoining the Easement Area. Cutting, removal or harvesting of trees except as expressly allowed in this Section 2.5, including clearing land for cultivation, shall be permitted only with the written permission of the governing board of Grantee and then only in accordance with a Forest Management Plan which shall be in writing and approved by both Grantors and Grantee and provided further that all timber roads shall be constructed of permeable materials and shall be no wider than eight (8) feet. 2.6 Grazing. Grantors shall not graze or pasture domestic animals on the Easement Area for any purposes. Page 4 of 15 2.7 Recreational Use. Consistent with the purpose of and the limitations contained in this Conservation Easement, Grantors shall have the right to engage in and permit others, whether or not for consideration, to engage in recreational uses of the Property, including, but not limited to, hiking, picnicking, and other recreational uses that require no buildings, facilities, surface alteration or other development of the land. Pursuit of and the killing of wildlife by any means is prohibited on the Property except as expressly provided in Section 2.14. Grantors reserve the right to promulgate and enforce reasonable rules and regulations for all activities incident to recreational use of the Easement Area, including but not limited to the right to prohibit any recreational use that would permit destruction of one or more of the conservation values of the Easement Area. 2.8 Excavation. There shall be no 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 except as necessary to allow a) the construction of the permitted improvements, b) the maintenance of permitted hiking trails, c) the combating of erosion or flooding, and d) the construction of one pond not to exceed one acre which maybe located in the area identified on Exhibit B. 2.9 Destruction of Plants. Grantors shall have the right to cut and remove diseased trees, shrubs, or other plants, to cut and remove invasive (usually non-native) trees, shrubs and other plants, and to cut firebreaks. Grantors shall also have the right to cut, and remove trees, shrubs, or other plants to accommodate the activities expressly allowed under this Conservation Easement. There shall be no additional removal, harvesting, destruction or cutting of native trees, shrubs or other plants. Except for use around improvements, there shall be no planting ofnon-native trees, shrubs, or other plants in the Easement Area. Furthermore, except to accommodate the activities expressly permitted in this easement, there shall be no use of fertilizers, plowing, introduction ofnon-native animals, or disturbance or change in the natural habitat in any manner. 2.10 Water Quality and Drainage Patterns. There shall be no pollution of surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other water bodies, nor shall activities be conducted on the Easement Area that would be detrimental to water purity or, except as specified herein, that could alter the natural water level or flow in or over the Easement Area. Other than the construction of the pond as described in Section 2.8, there shall be no alteration, depletion or extraction of surface water, natural watercourses, lakes, ponds, marshes, subsurface water or any other water bodies on the Easement Area. Diking, draining, filling or removal of wetlands is prohibited. 2.11 Si a e. No signs or billboards or other advertising displays are allowed on the Easement Area except as follows: signs authorized by Orange County zoning regulations whose placement, number and design do not diminish the scenic character of the Easement Area maybe displayed to identify trails and the conservation values of the Easement Area, to identify Page 5 of 15 the name and address of the Easement, to give directions, to advertise or regulate permitted uses on the Easement Area and prescribe rules and regulations for recreational use of the Easement Area, to advertise the Easement Area for sale or rent, and to post the Easement Area against trespassers. 2.12 No Biocides. There shall be no use of pesticides or biocides, including but not limited to insecticides, fungicides, rodenticides, and herbicides, except as required to control invasive species detrimental to the conservation values of the Easement Area. 2.13 No Dumping. There shall be no storage or dumping of trash, garbage, abandoned vehicles, appliances, or machinery, or other unsightly or offensive material, hazardous substance, or toxic waste on the Easement Area. Except as necessary to construct the pond authorized in Section 2.8, there shall be no changing of the topography through the placing of soil or other substance or material. There shall be no land fill or dredging spoils, nor shall activities be conducted on the Easement Area that could cause erosion or siltation on the Easement Area. 2.14 Predator Control. Grantors shall have the right to control, destroy, or trap predatory and problem animals that pose a material threat to livestock and/or humans by means and methods expressly approved in writing by Grantee. The method employed shall be selective and specific to individuals, rather than broadcast, nonselective techniques. 2.15 Commercial Development. Any commercial or industrial use of or activity within the Easement Area is prohibited. This restriction on use shall not be construed to prohibit use of the Easement Area for recreational, educational and scientific purposes, as long as such activities are undertaken on a noncommercial basis. 2.16 Development Rights. With the exception of the right to construct and use permitted improvements authorized elsewhere in this Conservation Easement, Grantors convey to Grantee all development rights that are now or hereafter allocated to, implied, reserved or inherent in the Easement Area, and the parties agree that such rights are terminated and extinguished, and may not be used on or transmitted to any portion of the Easement Area, as it now or hereafter may be bounded or described, or to any other property. 3. ADDITIONAL RIGHTS RETAINED BY GRANTORS. Grantors retain the following additional rights: (a) Existing Uses. The right to undertake or continue any activity or use of the Easement Area not prohibited by this Conservation Easement. Prior to making any change in use of the Easement Area, Grantors shall notify Grantee in writing to allow Grantee a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement. Page6of15 (b) Transfer. The right to .sell, give, mortgage, lease, or otherwise convey the Easement Area is and shall always be subject to the terms of this Conservation Easement. 4. GRANTEE'S RIGHTS. To accomplish the purpose of this Conservation Easement, the following rights are granted to Grantee by this Conservation Easement: (a) Right to Protect. The right to preserve and protect the conservation values of the Easement Area and enforce the terms of this Conservation Easement. (b) Right of Entry. Grantee, its employees, representatives, and agents and its successors and assigns, have the right, after prior written notice to Grantors, to enter the protected Easement Area at least once yearly for the purposes of: (a) inspecting the protected Easement Area to determine whether the Grantors, their representatives, assigns, heirs and successors are complying with the covenants and purposes of this Conservation Easement; and (b) monitoring and research as described below. (c) Monitoring and Research. The right, but not the obligation, to monitor the native plant and wildlife populations, plant communities and natural habitats. on the Easement Area. Grantee agrees that all monitoring activity, inventory and assessment work or other natural resource research conducted by Grantee or others shall be reported to Grantors. Grantors agree that all monitoring activity, inventory and assessment work or other natural resource research conducted by Grantors or others shall be reported to Grantee. (d) Management of Exotics and Invasive Species. The right, but not the obligation, to control, manage or destroy exotic non-native species or invasive species of plants and animals that threaten the conservation values of the Easement Area. Grantee will consult with Grantors prior to implementing control activities. Grantee shall, to the extent permitted by law and to the extent of coverage available from policies of insurance maintained by Grantee from time to time, indemnify and hold Grantors harmless from .any liability, damage, loss, cost or expense, including reasonable attorney fees, for personal injury or property damage (including damage to the Easement Area) to Grantors or any third party, resulting in any manner from Grantee's exercise of any of its rights hereunder. 5. RESPONSIBILITIES OF GRANTORS AND GRANTEE NOT AFFECTED. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on the Grantors, or in any way to affect any existing obligation of the Grantors as owners of the Easement Area. Among other things, this shall apply to: Page 7 of 15 (a) Taxes -The Grantors shall be solely responsible for payment of all taxes and assessments levied against the Easement Area. (b) Upkeep and Maintenance -The Grantee shall have no obligation for the upkeep or maintenance of the Easement Area. The granting of this Conservation Easement shall not in and of itself be construed to create or impose upon the Grantors any obligation for the upkeep or maintenance of the Easement Area except to the extent elsewhere required by this Conservation Easement. 6. ACCESS. No right of access by the general public to any portion of the Easement Area is conveyed by this Conservation Easement. However, the public has the right to view the Easement Area from adjacent publicly accessible areas such as public roads and waterways. 7. ENFORCEMENT. The Grantee shall have the right to prevent and correct violations of the terms of this Conservation Easement. (a) With advance written notice the Grantee may enter the Easement Area for the purpose of inspecting for violations. If the Grantee finds a violation, it may, in its discretion, take appropriate legal action. Except when an ongoing or imminent violation could substantially diminish or impair the conservation values of this Conservation Easement, the Grantee shall give the Grantors written notice of the violation and sixty (60) days to correct it (or begin good faith efforts to correct in the event the violation is something which cannot be reasonably corrected in sixty (60) days) before filing any legal action. Grantee has the right to enforce the terms of this Conservation Easement by civil action, including the remedy of injunction, mandatory and prohibitory. The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. (b) Grantee shall not bring any action against Grantors for any injury or change to the Easement Area caused by third parties, or resulting from causes beyond the Grantors' control, including,. without limitation, fire, flood, storm and naturally caused earth movement, or from any prudent action taken in good faith by the Grantors under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to the Easement Area or harm to the Easement Area resulting from such action. 8. TRANSFER OF EASEMENT. The. parties recognize and agree that the benefits of this easement are in gross and assignable. The Grantee shall have the right to transfer or assign this Conservation Easement to any qualified organization that, at the time of transfer, is a "qualified organization" under Section 170(h) of the U.S. Internal Revenue Code and provided the organization expressly agrees to assume the responsibility imposed on the Grantee by this Conservation Easement. If the Grantee ever ceases to exist or no longer qualifies under Sec.. 170(h) or applicable state law, a court with jurisdiction is hereby authorized to transfer this Page 8 of 15 easement to another qualified organization having similar purposes that agrees to assume the responsibility. 9. TRANSFER OF EASEMENT AREA. Grantors shall notify Grantee, in writing, at least thirty (30) days prior to any conveyance by Grantors of the Easement Area or any interest in the Easement Area, and the document of conveyance shall expressly refer to this Conservation Easement and, by its terms, the conveyance shall be made subject to and subordinate to this Conservation Easement. 10. AMENDMENT OF EASEMENT. This easement maybe amended only with the written consent of Grantors and Grantee. Any such amendment shall be consistent with the purposes of this Conservation Easement and shall comply with Sec. 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section. Any such amendment shall also be consistent with the Uniform Conservation and Historic Preservation Agreements Act, N.C. Gen. Stat. § 121-34 et seq., or any regulations promulgated pursuant to that law. The Grantors and Grantee have no right or power to agree to any amendment that would affect the enforceability of this Conservation Easement. 1 1. TERMINATION OF EASEMENT. If it is determined by a court with jurisdiction that conditions on or surrounding the Easement Area have changed so much that it is impossible to fulfill the conservation purposes set forth above, a court with jurisdiction may, at the joint request of both the Grantors and Grantee, terminate this Conservation Easement. If condemnation of a part of the Easement Area or of the entire Easement Area by public authority renders it impossible to fulfill any of the conservation purposes of this Conservation Easement, this Conservation Easement may be terminated by a court. with jurisdiction, provided Grantee is a party to any action to terminate this Conservation Easement. At the time of the conveyance of the Conservation Easement to the Grantee, this Conservation Easement gives rise to a real easement right, immediately vested in the Grantee. If the easement is terminated and the Easement Area is sold or taken for public use, then, as required by Sec. 1.170A-14(g)(6) of the IRS regulations, the Grantee shall be entitled to a percentage. of the gross sale proceeds or condemnation award (minus any amount attributed to new improvements made after the date of the conveyance, which amount shall be reserved to the Grantors), equal to the ratio of the appraised value of this easement to the unrestricted fair market value of the Easement Area, as .these values are determined on the date of this Conservation Easement. The Grantee shall use any such proceeds consistently with the general conservation purposes of this Conservation Easement. 12. INTERPRETATION. This Conservation Easement shall be interpreted under the Iaws of North Carolina, resolving any ambiguities and questions of the validity of specific provisions as to give maximum effect to its conservation purposes. Page 9 of 15 13. GRANTORS' TITLE WARRANTY. The Grantors warrant that they are the sole owners of and are seized of the Easement Area in fee simple and have good right to grant and convey this Conservation Easement; that the Easement Area is free and clear of any mortgages or other encumbrances not subordinated to this Conservation Easement, and that the Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, except for the following: (a) all enforceable easements and rights of way currently depicted in the Orange County Registry; and (b) Public Road rights of way affecting the Property; and (c) Riparian rights affecting the Property; and (d) Current Orange County property taxes and any deferred taxes as provided bylaw. 14. NOTICES. Any notices required by this Conservation Easement shall be in writing and shall be personally delivered or sent by first class mail, to Grantors and Grantee, respectively, at the following addresses, unless a party has been notified by the other of a change of address. To the Grantors: To the Grantee: Mark and Lori Volpe Orange County Environment and 1717 Halls Mill Road Resource Conservation Department Hillsborough, NC 27278 Orange County, North Carolina P.O. Box 8181 Hillsborough, NC 27278 15. ENVIRONMENTAL CONDITION. The Grantors warrant that they have no actual knowledge of a release or threatened release of hazardous substances or wastes on the Easement Area, as such substances and wastes are defined by applicable federal and state law, and hereby promise to defend and indemnify Grantee against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with any release of hazardous waste caused by the intentional or negligent act of the Grantors or violation of federal, state or local environmental laws. Without limiting the generality of the foregoing, nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, nor shall Grantee have any right or ability, to exercise physical or managerial control over the day-to- day operations of the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. Page 10 of 15 16. SEVERABILITY. The Easement created by this Deed shall be a servitude running with the land in perpetuity. Every provision of this Deed that applies to the Grantors or the Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear. Invalidity of any of the covenants, terms or conditions of this Easement, or any part thereof by court order or judgment shall in no way, affect the validity of any of the other provisions hereof which shall remain in full force and effect. 17. PARTIES. Every provision of this Conservation Easement that applies to the Grantors or Grantee shall also apply to their respective heirs, executors, administrators, assigns, and all other successors as their interest may appear. This Conservation Easement shall not be construed to benefit or to create any rights in any third parties, including but not limited to the general public. 18. RE-RECORDING. If necessary to and in order to ensure the perpetual enforceability of this Conservation Easement, the Grantee is authorized to re-record this instrument or any other appropriate notice or instrument. 19. MERGER.. The parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Easement Area. 20. SUBSEQUENT LIENS ON EASEMENT AREA. No provisions of this Conservation Easement should be construed as impairing the ability of Grantors to use the Easement Area as collateral for subsequent borrowing, provided that any mortgage or lien arising from such a borrowing is made subordinate to this Conservation Easement. 21. EXHIBITS AND DOCUMENTATION. Documentation Report. The parties acknowledge that the Orange County GIS map and sketch of the Easement Area, Exhibit B hereto, accurately establishes the uses, permitted improvements, conservation values and condition of the Easement Area as of the date hereof. 22. ENTIRE AGREEMENT. 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 xelating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of this Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. 23. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby Page 11 of 15 accepts without reservation the rights and responsibilities conveyed by this Conservation Easement. This Conservation Easement is to be effective the date recorded in the Orange County Registry of Deeds. 24. ATTORNEY'S FEES. In connection with any litigation arising out of this Conservation Easement and not inconsistent with Paragraph 4 below, the prevailing party shall be entitled to recover from the other party all costs incurred by it, including reasonable attorneys' fees, which shall include fees on appeal. TO HAVE AND TO HOLD, this Grant of Conservation Easement unto the said Grantee forever. IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTORS: ark Volpe Lori Anne Volpe Accepted: GRANTEE: ORANGE COUNTY, NORTH By; . c ~ / ~----- Barry Jacobs, Orange Coun Board ATTEST: onna S. Baker, Clerk to the Board of Commissioners Page 12 of 15 Acknowledgments STATE OF NORTH CAROLINA COUNTY OF ORANGE I, ~• ~~~ , a Notary Public in and for said County and State do hereby certify that and LDIZd ~~'1'In~ j/~p.~. personally appeared before me this day and duly acknowledged the execution of the foregone Conservation Easement. WITNESS my hand and notarial seal, this ~ day of ~`~~ , 200 My commission expires: u~~~r- P NORTH CAROLINA COUNTY OF ORANGE r,,....... y , ~z<< ~~+. ~~: °~ ~~ m ~'' . ~~ iM++ ~J_s•. ~ ~ ,3~a~t a~S;i srll,~~~ yV ~,rfa...,,,•Ny ~, ~ •• ci' •. (Notary 5~~•• ~r= ~v ~~ ~'rs ~~~~~ ~~, ~/r~ •.~.~ btu I, a Notary Public of the County and State aforesaid, certify that Donna S. Baker personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority. duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal, this the ~~ day of ~ , 200. {~- ~\\\1111111,1 • ~~1IJ~(,t/ ~ ~ ,G.~ ~ C.~1lU.Q~I~~~~ c. P S E C y ~i~~ Not Public ~ ~ • ;p~'~ ~ • `w, •N, -~. NOTARY .-+ My commission expires: ~i,,F/co~~\\~~ Page 13 of 15 Exhibit A PROPERTY DESCRIPTION Lying and being in Orange County, North Carolina, and being particularly described as consisting of approximately 23.51 acres of land, located in Cheeks Township, Orange County, North Carolina and identified as that portion of "LOT 1"that is within the "CONSERVATION. EASEMENT AREAS' on the plat of property dated ~.~ea.~tr 20~~ titled "Property Surveyed for Orange County," prepared by Alois Callemyn, Professional Land Surveyor, which plat is recorded at Plat Book 93 ,Page /5l~' ,Orange County Registry (PIN 9856-45-5386). The property includes the improvements that are described in Exhibit B, attached hereto and incorporated herein. Page 14 of 15 k He1ey tree East Fork Eno River Potential future Eno der pond site l ' • 7hds d~~~ 6s le~~ ~ ~i~61~~~~5e~'l~ -•lR~t~~~ l~s~~ ~©vernl~i~l~t ~.~~n~~~ :~~ coEn~l6ance wit#~ ~"~ r ;s~E r ~,. Land Developmel€t ~~~~a~^~3"ss. ALL'S M~4 R A ^ Exhibit B Volpe Property (66.2 Acres) / \ /Trails - --- Conservation Easement ~•'~ "°~• • .-----` Conservation Easement /~/ Streams ' (23.5 Acres) ~prNeway INar•k & Lor't VO~pe Buildings Well '•" ~•~'" Forested • Septic Tank 100 0 100 200 Feet m C«~~°fD~~ne® Cleared Area ~/ ~'"``°""""` $ R°'°""' Q Parcel Boundary Conservation Department ' MJOnes 811& 03 ^.~; ' Drainageway