HomeMy WebLinkAboutS Warranty Deed of Conservation Easement - Katherine Bliss and Brian Dobyns 20131219000298630 S/INS
Bk:RB5734 Pg:455
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,r�j� FILED Deborah 11 Brooks
Register of Deeds, Orange CO,NC
Recording Fee; $46.00
NC Real Estate X: $0234.00 ip
This instrument prepared by and return to: John L. Roberts,Office of the Orange County Attorney
Box 8181,Hillsborough,NC 27278
Revenue Stamps: ^-'7 • !"
NORTH CAROLINA
COUNTY OF ORANGE
WARRANTY DEED OF A854- 10-65(X1
CONSERVATION EASEMENT Un,J
This Deed of Conservation Easement(hereinafter "Conservation Easement") is made on this
Atday of December,2013 by LAURA KATHERINE BLISS and BRIAN L.DOBYNS,
having an address of 828 Mount Willing Road, Efland,NC 27243 (hereinafter "Grantor") and
ORANGE COUNTY, NORTH CAROLINA, having an address of Post Office Box 8181,
Hillsborough,NC 27278 (hereinafter "Grantee" or "the Grantee").
The designation Grantor 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 Grantor is the sole owner in fee simple of certain real property located in
Cheeks Township, Orange County,North Carolina, and described on Exhibit A hereto,which is
incorporated herein by reference. The tract of land comprises approximately 35.47 acres, and is
hereinafter referred to as "the Property." The Property includes buildings and other
improvements, which are shown on Exhibit C, attached hereto and incorporated herein.
B. The Grantee is a body politic and corporate, a political subdivision of the State of
North Carolina, with powers prescribed in Chapter I53A of the North Carolina General Statutes.
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C. To the extent practicable, the Grantor and Grantee wish to maintain the Easement
Area 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 water quality of a headwater stream
running off from this land and into Sevenmile Creek and the Eno River. The grant of this
Conservation Easement will further said wish, and will serve the following "Conservation
Purposes," as such that term is defined in Section 170 (h)(4)(A) of the Code:
The Property contains a natural area that has not been subject to significant development,
which provides a"...relatively natural habitat of fish, 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.
The Property is located in an unusually undeveloped area that is recognized by Orange
County as the Sevenmile Creek/Cane Creek Macrosite, a natural heritage area of regional
significance, which hosts a broad diversity of plants and wildlife types, and is described on Page
69 of the Inventory of the Natural Areas and Wildlife Habitats of Orange County, North
Carolina(December 2004), by Dawson Sather et al. in coordination with the North Carolina
Natural Heritage Program. It is a primary purpose of this Conservation Easement to protect the
largely undeveloped nature of the Property and, in doing so,to support and help protect the
natural area and wildlife habitat associated with this area.
The Property is also within the"critical area" of the Upper Eno River Protected
Watershed, so classified in the Orange County Comprehensive Plan. Another primary purpose
of this Easement is to protect the largely undeveloped nature of the Grantor's Property and, in
doing so, helping to protect the high quality of that drinking water supply serving the people of
Hillsborough and Orange County.
The Property also contributes to the open space and rural character of this section of
Cheeks Township. It is a further purpose of this Conservation Easement to help to protect the
rural character and open space of Cheeks Township.
The natural habitat of the Property, and its contribution to the protection of the public
water supply watershed, as well as the open space and rural character of Cheeks Township are
collectively referred to as the "conservation values" of the Property.
The Grantor and Grantee agree that the current uses of and improvements to the Property
are consistent with the conservation purposes of this Conservation Easement. The conservation
purposes of this easement, notwithstanding anything to the contrary contained herein, are also
recognized by, and this Conservation Easement will also serve, the following clearly delineated
governmental conservation policies:
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(1) the Orange County Board of Commissioners' goal(adopted June 21, 1999) to
identify and coordinate the preservation of the County's most significant natural areas; and
(2) the Land Use Element of the Orange County Comprehensive Plan
(adopted November 18, 2008) with its goal of"Land uses that are appropriate to on-site
environmental conditions and features, and that protect natural resources, cultural
resources, and community character."
(3) the protection of similar Orange County properties designed to protect
conservation and open space values through conservation easements granted to the Grantee and
others in the immediate vicinity of the Property; and
(4)NCGS § 139-2 et seq., which provides that "it is hereby declared ...that the
farm, forest and grazing lands of the State of North Carolina are among the basic assets of the
State and the preservation of these lands is necessary to protect and promote the health, safety
and general welfare of its people... it is hereby declared to be the policy of the legislature to
provide for the conservation of the soil and resources of this State". and
(5) Article 17 of the North Carolina General Statutes NCGS 113A-240-241,
entitled Conservation, Farmland and Open Space Protection and Coordination, otherwise known
as the"Million Acre Initiative," which states that the State of North Carolina shall encourage,
facilitate,plan,coordinate,and support appropriate federal, State, local, and private land
protection efforts so that an additional one million acres of farmland, open space and
conservation lands in the State are permanently protected by December 31, 2009; and
(6) the North Carolina Conservation Tax Credit Program, authorized by NCGS §
105-130.34 and 105-151.12 et seq., which provides for state income tax credits for donations of
land that are useful for fish and wildlife conservation and other similar land conservation
purposes; and
(7)the Clean Water Management Trust Fund, authorized by NCGS § 113A-251 et
seq., which finances projects to acquire land and interests in land, including conservation
easements for the purposes of providing environmental protection for surface waters and urban
drinking water supplies; and
(8) the Soil and Water Conservation Districts Act, authorized by NCGS § 139-1,
et seq., which provides for the preservation of farm, forest and grazing lands; and
(9) the special use assessment of farm and forestland as set forth in NCGS § 105-
277.2 et seq., which allows for lower property tax rates for land enrolled in active agricultural
uses.
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D. The characteristics and conservation values of the Property, its current use and
state of improvement, are described in a report entitled `Baseline Documentation Report for the
Bliss-Dobyns Conservation Easement,"dated December 2013 (hereafter"the Baseline Report")
prepared by Orange County DEAPR for the Grantor, of which a summary is attached as Exhibit
B to this Conservation Easement. The Grantor worked with the Grantee to ensure that the report
is a complete and accurate description of the Property as of the date of this Conservation
Easement. It will be used by the Grantor and Grantee to assure that any future changes in the use
of the Property will be consistent with the terms of this Conservation Easement. However,the
Baseline Report is not intended to preclude the use of other evidence to establish the present
condition of the Property if there is a question about its use.
E. The Grantor and Grantee have the common purpose of conserving the
above-described conservation values of the Property 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 G.S. § 153A-176 and G.S. § 16OA-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 Grantor and Grantee wish to avail themselves of the
provisions of those laws.
NOW, THEREFORE, the Grantor, as an absolute gift of no monetary consideration, but
in consideration of the facts recited above and of the mutual covenants, terms, conditions and
restrictions contained herein, hereby gives, grants and conveys 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 Property of the nature and character as follows:
With the exception of those rights retained herein, Grantor conveys to Grantee all
development rights that are now or hereafter allocated to, implied,reserved or inherent in the
Property, and the parties agree that such rights are terminated and extinguished, and may not be
used on or transmitted to any portion of the Property, as it now or hereafter may be bounded or
described, or to any other property.
1. PURPOSE. As outlined in the Recitals above, the purposes of this Conservation
Easement are to ensure that the Property will be retained forever, predominantly in its natural,
forested, and open space condition; to protect native plants and animals, or plant communities on
the Property, while allowing certain limited uses on the Property that are compatible with and not
destructive of the conservation values of the Property; and to prevent any use of the Property that
will significantly impair or interfere with conservation values or interests of the Property.
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Grantor will not perform,nor knowingly allow others to perform, any act on or affecting
the Property that is inconsistent with the purposes of this Conservation Easement. However,
unless otherwise specified below, nothing in this Conservation Easement shall require the
Grantor to take any action to restore the condition of the Property after any act of nature or other
event over which Grantor had no control. Grantor understands that nothing in this Conservation
Easement relieves her of any obligation or restriction on the use of the Property imposed by law.
2. PROPERTY USES. Any activity on, or use of,the Property inconsistent with
the purposes of this Conservation Easement is prohibited. The Property 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 Property. 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. Grantor and Grantee have determined that the allowed activities do not
impair the conservation values of the Property. Additional retained rights of Grantor are set forth
in Paragraph 3 below.
2.1 Subdivision and Convene. The Property consists of one tax parcel
(herein "parcel"), which is described in Exhibit A. The Property may not be further divided,
subdivided or partitioned to establish additional parcels. Any future conveyance of the fee simple
interest in the Property shall be subject to this Conservation Easement. Grantor agrees for
themselves,their successors and assigns, that in the event they transfer the Property, such
transfer is subject to the Grantee's right of ingress, egress, and regress over and across the
Property for the purposes set forth herein.
2.2 Construction. One residential dwelling exists within a 4.84-acre
"Residential Envelope"located on the Property as depicted on Exhibit C. Existing structures and
improvements may be repaired, enlarged and replaced within the "Residential Envelope" without
further permission from Grantee. All appurtenant and accessory use structures (garage, sheds)
for the existing residential dwelling shall be contained within the "Residential Envelope." New
structures and improvements may be built without any further permission of Grantee provided
they are located in the "Residential Envelope."New buildings, including barns, sheds and other
structures and improvements to be used primarily for agricultural purposes may be built on the
Property without any further permission of Grantee provided they are located in the "Agricultural
Envelope," as depicted on Exhibit C. All construction or reconstruction is subject to Orange
County zoning regulations and must be consistent with permits required by and issued by Orange
County under its laws and ordinances for such construction activities. No other permanent
structures may be placed or constructed on the Property outside of the "Residential Envelope" or
"Agricultural Envelope," except for fences used to identify property boundaries and for a septic
system replacement drainfield as provided for in Paragraph 2.3 of this Conservation Easement.
Furthermore, there shall be no constructing or placing of any airplane landing strip, billboard or
other advertising display, utility pole, utility tower,conduit or line on or above the Property other
than those necessary to service the Property's improvements and remaining compatible with the
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conservation values or interests of the Property. Outdoor lighting shall be placed and shielded so
as to minimize the impact on surrounding areas.
2.3 Utility Services and Septic Systems. Grantor shall have the right to
maintain and repair the existing utilities,and in the event of their destruction, to reconstruct any
such existing improvements with another of similar function without any further permission of
Grantee provided they are located in the"Residential Envelope" or "Agricultural Envelope" as
depicted on Exhibit C to this Conservation Easement. The construction of a septic system
replacement drainfield may be located outside of the"Residential Envelope"or"Agricultural
Envelope" if, and only if,necessary to serve the existing (or its replacement) residential dwelling
located on the Property and so long as required by permits issued by Orange County under its
laws and ordinances as they exist now and as they may be amended from time to time.
2.4 Agricultural,Grazing and Horticultural Use. Agricultural, grazing,and
horticultural uses are allowed provided they are located within, and only within,the"Agricultural
Envelope"or the"Residential Envelope"identified on Exhibit C to this Conservation Easement.
2.5 Timber Harvesting and Forest Management. Commercial timbering of
trees on the Property is prohibited. Within the areas identified and marked as "Residential
Envelope" and"Agricultural Envelope" on Exhibit C to this Conservation Easement, trees may
be planted, harvested and removed without the advance written permission of the Grantee.
Everywhere else on the Property trees may be removed, cut and otherwise managed to control
insects and disease, to prevent personal injury and property damage, to remove non-native
species, and/or to salvage wind-thrown timber for firewood and other non-commercial purposes,
including for construction of permitted improvements and fences on the Property. Such
management activities must be pursuant to a written Forest Management Plan or Forest
Stewardship Plan prepared by a North Carolina registered forester,the selection of whom is
mutually agreed upon by Grantor and Grantee and which management activities must be agreed
to in advance by Grantee and Grantor.
2.6 Recreational Use. Consistent with the purpose of and the limitations
contained in this Conservation Easement, Grantor 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,hunting, and other recreational uses that require no
buildings, facilities, surface alteration or other development of the land. Grantor reserves the
right to promulgate and enforce reasonable rules and regulations for all activities incident to
recreational use of the Property, including but not limited to the right to prohibit any recreational
use that would permit destruction of other significant conservation values of the Property.
2.7 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
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construction of the improvements permitted herein, b)the maintenance of hiking trails permitted
herein, c) the combating of erosion or flooding, and d)to enhance the plant and animal
ecosystems native to the locality.
2.8 Destruction of Plants. Grantor 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. Grantor 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. Furthermore, except to accommodate the activities
expressly permitted in this easement, there shall be no use of fertilizers, plowing, introduction of
non-native animals, or disturbance or change in the natural habitat in any manner.
2.9 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 Property 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
Property. 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 Property.
Diking, draining, filling or removal of wetlands is prohibited.
2.10 Si na e. No signs or billboards or other advertising displays are allowed
on the Property except as otherwise permitted herein and as follows: signs authorized by Orange
County zoning regulations whose placement,number and design do not diminish the scenic
character of the Property may be displayed to identify the conservation values of the Property,to
identify the Conservation Easement,to give directions, to advertise or regulate permitted uses on
the Property and prescribe rules and regulations for educational use of the Property, to advertise
the Property for sale or rent, to post the Property against trespassers, and to identify the Grantor
as fee simple owner of the Property, and to identify the Grantee as holder of the Conservation
Easement.
2.11 No Biocides. There shall be no use of pesticides or biocides, including but
not limited to insecticides, fungicides, rodenticides, and herbicides, except as approved by
Grantee to control invasive species detrimental to the conservation values of the Property, and
except as needed in the areas identified and marked "Residential Envelope" and Agricultural
Envelope"on Exhibit C of this Conservation Easement without the permission of the Grantee.
2.12 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 Property. There shall be no changing of the
topography through the placing of soil or other substance or material such as land fill or dredging
spoils, nor shall activities be conducted on the Property that could cause erosion or siltation on
the Property.
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2.13 Commercial Development. Any commercial or industrial use of or
activity within the Property is prohibited, except as follows. Grantor retains the right to use the
portion of the Property within the area identified and marked as "Residential Envelope" on
Exhibit C of this Conservation Easement for otherwise lawful commercial enterprises, such as,
but not limited to, a bed and breakfast or for educational programs, so long as such activities are
consistent with Orange County zoning regulations and permits required by and issued by Orange
County under its laws and ordinances as they exist now and as they may be amended from time
to time, and are conducted in buildings otherwise permitted under this Conservation Easement in
a manner that is consistent with the conservation purposes of this Conservation Easement. This
restriction on use shall not be construed to prohibit use of the Property for recreational,
educational and scientific purposes, as long as such activities are undertaken on a noncommercial
basis.
2.14 Development Rights. Grantor conveys to Grantee all development rights
that are now or hereafter allocated to, implied,reserved or inherent in the Property, and the
parties agree that such rights are terminated and extinguished, and may not be used on or
transmitted to any portion of the Property, as it now or hereafter may be bounded or described, or
to any other property.
3. ADDITIONAL RIGHTS RETAINED BY GRANTOR. Grantor retains the
following additional rights:
(a) Existing Uses. The right to undertake or continue any activity or use of the
Property not prohibited by this Conservation Easement. Prior to making any change in use of the
Property, Grantor shall notify Grantee in writing to allow Grantee a reasonable opportunity to
determine whether such change would violate the terms of this Conservation Easement. This
determination by Grantee shall be made in writing.
(b) Transfer. The right to sell, give,mortgage, lease, or otherwise convey the
Property is subject to the terms of this Conservation Easement.
4. GRANTEE'S RIGHTS AND RESPONSIBILITIES. To accomplish the
purposes of this Conservation Easement, the following rights are granted to Grantee and the
following responsibilities are reserved to Grantee by this Conservation Easement:
(a) Right to Protect. The right to preserve and protect the conservation values of the
Property 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 reasonable advance notice to Grantor
or with Grantor's prior verbal consent,to enter the Property for the purposes of:
(a) inspecting the Property to determine whether the Grantor, her representatives,
assigns, heirs and successors are complying with the covenants and purposes of
this Conservation Easement; and (b) monitoring and research as described below.
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(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
Property. Grantee agrees that all monitoring activity, inventory and assessment
work or other natural resource research conducted by Grantee or at Grantee's
direction or with Grantee's permission shall be reported to Grantor. Grantor
agrees that all monitoring activity, inventory and assessment work or other natural
resource research conducted by Grantor or at Grantor's direction or with
Grantor's permission 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 Property. Grantee will
consult with Grantor prior to implementing any such control activities.
5. RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED.
Other than as specified herein, this Conservation Easement is not intended to impose any legal or
other responsibility on the Grantor,or in any way to affect any existing obligation of the Grantor
as owner of the Property. Among other things, this means:
(a) Taxes—The Grantor shall continue to be solely responsible for payment of all
taxes and assessments levied against the Property. If Grantee is ever required to pay any taxes or
assessments on its interest in the Property,the Grantor will reimburse Grantee for the same.
(b) Upkeep and Maintenance—The Grantor retains all responsibilities and shall bear
all costs and liability of any kind related to the ownership, operation, and upkeep and
maintenance of the Property, including the maintenance of adequate comprehensive general
liability insurance coverage. Grantee shall have no obligation for the upkeep or maintenance of
the Property. Grantor will remain responsible for upkeep, maintenance, and repairs to any
impoundments located on the Property.
(c) Liability and Indemnification—Grantor agrees to indemnify and hold Grantee
harmless from any and all costs, claims or liability, including but not limited to reasonable
attorneys' fees arising from any personal injury, accidents,negligence or damage relating to the
Property, or any claim thereof,unless due to the negligence of Grantee or agents of Grantee, in
which case liability shall be as provided by law. In addition, Grantor agrees to maintain liability
insurance covering the Property with the limits as follows: (i) $300,000 per person for personal
injury or death, up to $300,000 per occurrence; and (ii) $300,000 per occurrence for property
damage; and warrant that Grantee is and will remain a named insured on Property insurance
policies covering the Property. Grantor shall provide Grantee with a certificate of insurance
coverage on the effective date of this Conservation Easement and within 10 days of each
insurance renewal date.
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6. ACCESS. No right of access by the general public to any portion of the Property
is conveyed by this Conservation Easement. However, the public has the right to view the
Property from adjacent publicly accessible areas such as public lands, 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 reasonable advance notice provided to the Grantor or with the Grantor's
prior verbal consent, the Grantee shall have the right to enter the Property for the purpose of
inspecting for compliance with the terms of this Conservation Easement. The Grantee shall have
the right to prevent violations and remedy violations of the terms of this Conservation Easement
through judicial action, which shall include,without limitation,the right to bring proceedings in
law or in equity against any party or parties attempting to violate the terms of this Conservation
Easement. Except when an ongoing or imminent violation could irreversibly diminish or impair
the conservation values of the Property, the Grantee shall give the Grantor written notice of the
violation and thirty (30) days to cure the violation, before commencing any legal proceedings.
The Grantee may obtain an injunction to stop a violation or a threatened violation, temporarily or
permanently. The parties agree that a court may issue an injunction or order requiring the
Grantor to restore the Property to its condition prior to the violation, as restoration of the
property may be the only appropriate remedy. In any case where a court finds that a violation
has occurred, the Grantor shall reimburse the Grantee for all its expenses incurred in stopping
and correcting the violation, including but not limited to reasonable attorneys' fees. In any case
where a court finds no such violation has occurred, each party shall bear its own costs. In any
case where the court finds that there was a complete absence of a justiciable issue of either law
or fact raised by the losing party, the court may award a reasonable attorney's fee to the
prevailing party as provided by law. 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 for that violation or any
subsequent violations.
(b) Grantee shall not bring any action against Grantor for any injury or change to the
Property caused by third parties, or resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm and naturally caused earth movement, or from
any prudent action taken in good faith by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to life, damage to the Property or harm to the Property
resulting from such action.
8. TRANSFER OF EASEMENT. The Grantee shall have the right to transfer,
assign,convey, or otherwise to co-hold the Conservation Easement created by this Deed to any
public agency or private nonprofit organization that, at the time of transfer, is a qualified
organization under Section 170(h) of the U.S. Internal Revenue Code, as amended and under
NCGS 121-34 et seq., provided the agency or organization expressly agrees to assume the
responsibility imposed on Grantee by this Deed. If the Grantee ever ceases to exist or no longer
qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, a court
with jurisdiction shall transfer this Conservation Easement to another qualified organization
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having similar purposes that agrees to assume the responsibility imposed by this Conservation
Easement.
9. TRANSFER OF PROPERTY. The Grantor agrees to incorporate by reference
the terms of this Conservation Easement in any deed or other legal instrument by which it
transfers or divests itself of any interest, including leasehold interest, in all or a portion of the
Property. The Grantor shall notify the Grantee in writing at least thirty (30) days before
conveying the Property, or any part thereof or interest therein. Failure of Grantor to do so shall
not impair the validity of this Conservation Easement or limit its enforceability in any way.
10. AMENDMENT OF EASEMENT. This Conservation Easement may be
amended only with the written consent of Grantor 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. Grantor and Grantee have no right or power to agree to any amendment
that would affect the enforceability of this Conservation Easement.
11. PROCEDURE IN THE EVENT OF TERMINATION OF
CONSERVATION EASEMENT. If it determines that conditions on or surrounding the
Property change so much that it becomes impossible to fulfill the conservation purposes of this
Conservation Easement, a court with jurisdiction may, at the joint request of both the Grantor
and the Grantee, terminate or modify the Conservation Easement created by this Deed in
accordance with applicable State law. If the Conservation Easement is terminated and the
Property is sold, then as required by Section 1.1 70A-14(8)(6) of the IRS regulations, the Grantee
shall be entitled to thirty-nine percent(39%) of the net proceeds attributable to the sale of land
equal to the ratio of the appraised value of this Conservation Easement to the unrestricted fair
market value of the Property, as these values are determined on the date of this Conservation
Easement, subject to any applicable law which expressly provides for a different disposition of
the proceeds.
All termination related expenses, including reasonable attorney fees, incurred by the
Grantor and the Grantee shall be paid out of any recovered proceeds prior to distribution of the
net proceeds as described herein.
12. PROCEDURE IN THE EVENT OF CONDEMNATION OR EMINENT
DOMAIN. Grantor and Grantee recognize that the partial sale of this Conservation Easement
gives rise to a property right, immediately vested in the Grantee, with a fair market value equal
to the proportionate value that the Conservation Easement bears to the value of the Property prior
to the restrictions imposed by the Conservation Easement. Accordingly, if any condemnation or
eminent domain action shall be taken, on all or part of the Property, by any authorized authority,
.said authority shall be liable to the Grantee for the value of the property right vested in the
Grantee at the time of the signing of this Conservation Easement.
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If condemnation or a taking by eminent domain of a part of the Property or the entire
Property by a public authority renders it impossible to fulfill any of the conservation purposes of
this Conservation Easement on all or part of the Property, this Conservation Easement may be
terminated or modified accordingly through condemnation proceedings. Grantor and Grantee
agree that this Conservation Easement is a currently vested real property right with a value equal
to the proportionate value of the Conservation Easement to the unencumbered value of the fee, as
of the date of this Conservation Easement. If the Conservation Easement is terminated or
modified and any or all of the Property is sold or taken for public use, then, as required by
Section 1.170A-14(g)(6) of the IRS regulations, Grantee shall be entitled to the proportionate
value of the Conservation Easement, which has been predetermined at thirty-nine percent(39%)
of the Property's unrestricted land value (exclusive of improvements), subject to any applicable
law which expressly requires for a different disposition of the proceeds.
If, however, after the condemnation or eminent domain proceedings, a court of
jurisdiction does not include in the just compensation awarded as a result of the taking, the
amount of the Conservation Easement value,then the Grantor shall not be responsible to share
any proceeds awarded.
All condemnation related expenses, including reasonable attorney fees, incurred by the
Grantor and the Grantee shall be paid out of any recovered proceeds prior to distribution of the
net proceeds as described herein.
13. INTERPRETATION. This Conservation Easement shall be interpreted under
the laws of North Carolina, resolving any ambiguities and questions of the validity of specific
provisions as to give maximum effect to its conservation purposes.
14. TITLE. The Grantor covenants and represents that she is the sole owner and
seized of Property in fee simple and have good right to grant and convey this Conservation
Easement; that the Property is free and clear of any mortgages 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, subject to any easements or
encumbrances of record.
15. NOTICES. Any notices required by this Conservation Easement shall be in
writing and shall be personally delivered or sent by first class mail, to Grantor and Grantee,
respectively, at the following addresses, unless a party has been notified by the other of a change
of address.
To the Grantor: To the Grantee:
Katherine Bliss and Brian Dobyns Orange County Dept. of Environment,
828 Mount Willing Road Agriculture, Parks and Recreation
Efland,NC 27243 P.O. Box 8181
Hillsborough, NC 27278
Page 12 of 16
RB6734 467 13120
16. ENVIRONMENTAL CONDITION. The Grantor warrants that she has no
actual knowledge of a release or threatened release of hazardous substances or wastes on the
Property.
17. SEVERABILITY. If any provision of this Conservation Easement is found to be
invalid,the remaining provisions shall not be altered thereby.
18. PARTIES. Every provision of this Conservation Easement that applies to the
Grantor 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.
19. RE-RECORDING. In order to ensure the perpetual enforceability of the
Conservation Easement, the Grantee is authorized to re-record this instrument or any other
appropriate notice or instrument.
20. MERGER. The parties agree that the terms of this Conservation Easement shall
survive any merger of the fee and easement interest in the Property.
21. SUBSEQUENT LIENS ON PROPERTY. No provisions of this Conservation
Easement should be construed as impairing the ability of Grantor to use the Property as collateral
for subsequent borrowing,provided that any mortgage or lien arising from such a borrowing is
made subordinate to this Conservation Easement.
22. EXHIBITS AND DOCUMENTATION.
(a) Baseline Documentation Report. The parties acknowledge that the Baseline
Documentation Report,a copy of which is on file at the offices of the Grantee, accurately
establishes the uses, structures, conservation values and condition of the Property as of the date
hereof. A summary is attached as Exhibit B.
(b) Existing Conditions. Exhibit C is a GIS map and sketch showing the
configuration and some of the existing uses of the Property.
23. 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 relating 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.
Page 13 of 16
I���I�I���I�111�����1111IC111CiIIIIIiICilll1111
RB5734 468 14120
24. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the
Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby
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.
TO HAVE AND TO HOLD,this Grant of Conservation Easement unto the said Grantee
its successors and assigns, forever.
[The remainder of this page is intentionally left blank. Signature page follows.]
Page 14 of 16
I���I�Ia��I��IU����ll IIIIIIII IIIIIIIII I ll
R85734 469 15120
IN WITNESS WHEREOF,the Grantor and Grantee, intending to legally bind
themselves, have set their hands on the date first written above.
GRANTOR:
Laura Katherine iss
Brian L. Dobyns
Accepted:
GRANTEE:
ORA COUNTY, ORTH C OLINA
By:
Barry J cobs,
Oran dtf-ounIX Bo rd of Commissioners
ATTEST:
By: n&t
Don S. Baer, Clerk to the
Board of Commissioners
Page 15 of 16
RB5734 470 16120
Acknowledgments
NORTH CAROLINA
COUNTY OF ORANGE
I, I"k , a Notary Public in and for said County and State do
hereby certify that INA Cc' , .and L. Jo)!j vo, personally appeared
before me this day and duly acknowledged the execution of the foregone Conservation
Easement.
Witness my hand and official stamp or seal this the n day of Dece r, 2013.
:Brian� KA FerreeIi tary Pu is
Notary Public
range County
orth Carolina 13y'�,� u,l My Cossion Expires
(Notary's printed or typed name)
My commission expires:
to S
NORTH CAROLINA
COUNTY OF ORANGE
I, C-Qt.�.� , a Notary Public of the County and State aforesaid,
certify that Donn 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 anN,ffK0I stamp or seal this the /,9 day of December, 2013.
N
Notify Public
CQ���'�`� � Y printed s rinted or typed name)
My commission expires:
+°�rlilllllllN�t"",
Page 16 of 16
��U�����U���1�U�U��Ij II VIII Ilillllllll llll
EXHIBIT A RS5734 471 17120
BEING all of Tract 1 labeled"Conservation Easement"containing 35.47 acres,more or less(combined
areas of l-A, 1-B and 1-C)as shown on the plat entitled"Final Plat Conservation Easement Property of
L. Katherine Bliss and husband, Brian L. Dobyns"prepared by Douglas R. Yarbrough,PLS,recorded in
Plat Book 10 , Page , "10, ,Orange County Registry.
Being the same property conveyed to L. Katherine Bliss in Deed Book 1309,Page 25,Orange County
Registry.
Orange County PIN: 9854-10-5504
KC:3065830
RB5734 472 18120
Exhibit B
Summary of Baseline Documentation Report
Bliss-Dobyns Conservation Easement
Orange County DEAPR(December 2013)
This is a summary of the Baseline Documentation Report for a Conservation Easement to be granted
to Orange County,North Carolina(Grantee)by Laura Katherine Bliss and Brian Dobyns(Grantors),
having an address of 828 Mount Willing Road, Efland,NC 27243
Background
Laura Katherine Bliss and Brian Dobyns are owners of a 35.47-acre parcel of land (PIN 9854105504)
that will be subject to the conservation easement. The property is located east of Mount Willing Road
(SR 1120),approximately one-third mile south of the intersection with West Ten Road(SR 1144)in
central Orange County(Cheeks Township).
Bliss and Dobyns purchased property in 1994(Deed Book 1309/25)and reside in a new energy-
efficient home surrounded by several outbuildings once used by the former farm. The property is
adjacent to land owned by Orange County for the planned Seven Mile Creek Nature Preserve.
The Bliss-Dobyns property is located in the Upper Eno River watershed, which the County has
identified as a priority watershed for conserving riparian buffers that help protect important aquatic
habitat and drinking water quality. An intermittent stream originates on the property and flows
southward, and eventually joins Sevenmile Creek—a principal tributary of the Eno River—a source of
drinking water for residents of Hillsborough and Orange County.
Conservation Values
The Easement Area has important conservation values that will be protected by the Conservation
Easement. Those values are described below.
1) /Natural area and wildlife habitat: It is a primary purpose of the conservation easement to
conserve the largely undeveloped nature of the property and,in doing so, to support the natural
area and wildlife habitat associated with this area. The property is located in an unusually
undeveloped area recognized by Orange County as the Sevenmile Creek/Cane Creek Macrosite, a
natural heritage area of regional significance that hosts a broad diversity of plants and wildlife
types,and described on Page 69 of the Inventory of the Natural Areas and Wildlife Habitats of Orange
County, North Carolina(December 2004),by Dawson Sather et al.in coordination with the NC
Natural Heritage Program. The property is also located in close proximity to a significant natural
heritage area (Crabtree Creek Monadnock Ridge),which serves as an important wildlife corridor
and is described on Page 73 of the aforementioned Inventory of the Natural Areas and Wildlife
Habitats of Orange County, North Carolina.
Most of the property is forested with mixed hardwoods and some patches of mature pine. That
forested area serves as a link to the Orange County nature preserve located on three sides of the
Property. These woodlands support and help protect the natural area and wildlife habitat
associated with this area.
Page 1 of 2
I��I��I�I�I��I�`f j�����ljlll�lllllfllflll Ifl f Ilfl
R65734 473 19120
2) Water supply watershed: It is a primary purpose of the easement to protect the largely
undeveloped nature of the property and the water that flows from this property to Sevenmile
Creek and Eno River. The property is within the "critical area"of the Upper Eno River Protected
Watershed,so classified in the Orange County Comprehensive Plan.An unnamed stream
originates on the property and flows through a forested riparian corridor that provides habitats
for a variety of plant and animal species of importance to the Grantor,Orange County and the
people of North Carolina. The stream flows to Sevenmile Creek and eventually to the Eno River, a
source of drinking water for residents of Hillsborough and Orange County.
The land's natural and wildlife habitat and its contribution to the protection of the downstream public
water supply, as well as to the open space and rural character of Cheeks Township, are collectively
referred to as the"conservation values" of the property.
Easement Summary
The purposes of this conservation easement are to a)ensure that the property will be retained forever,
in its predominantly natural,forested,and open space condition;b) to protect native plants and
animals,or plant communities on the property,while allowing certain limited uses on the property
that are compatible with and not destructive of the conservation values of the property;and c)to
prevent any use that will significantly impair or interfere with conservation values of the property.
No subdivision of the property is allowed. Construction and maintenance of buildings is allowed in
accordance with the conservation easement agreement. Only one primary residence is allowed, and it
must be located in the Residential Envelope. All appurtenant and accessory use structures for the
existing or replacement residence must also be within the Residential Envelope. New buildings for
agricultural purposes may be built in the Agricultural Envelope. A replacement drainfield may be
constructed outside of the Agricultural or Residential envelopes if,and only if,such a location is
necessary to serve the existing residence or its future replacement. No permanent structures may be
built outside of the Residential or Agricultural envelopes.
Within the Residential and Agricultural envelopes, trees may be planted, harvested and removed as
desired. Everywhere else on the property trees may be harvested and removed only to control insects
and disease,to prevent personal injury and property damage, to remove non-native species,and/or to
salvage wind-thrown timber for firewood and other non-commercial purposes. Commercial timbering
of trees on the property is prohibited.
All other development rights that are not specified and authorized in the deed of conservation
easement will be extinguished by the conservation easement.
List of Attachments(included Qjjly in the full Baseline Documentation Report)
A. Vicinity Map G. Natural Heritage Area site
B. Aerial Map (2012 photo) descriptions and maps
C. Site Map (Exhibit C) H. Survey flat
D. Soils Map I. Property Description
E. Upper Eno River Watershed Map J. Photos of the Property
F. Topo and Hydrologic Map
Page 2 of 2
I���I�I���I��I������1 III Ill!IIIIII11111111III
/ RB5734 474 20120
THIS MAP IS NOT CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
/ LOCAL GOVERNEMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
i LAND DEVELOPMENT REGULATIONS.
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Bliss-Dobyns Conservation Easement(35.47 acres)
Exhibit C
QBliss-Dobyns property boundary Buildings
®Residential envelope(4.84 acres) Orange County property(Seven Mile Creek Preserve)
=
®Agricultural envelope(4.43 acres) �Parcel boundary 1 inch 384 feet
- - -
De
Existing roadway — — Streams Map by Land RecordsIG Sit ion
Division 1211212013
Utility Easement <DC 220K Wgishome\gisproject\land_resource
y atres easemnt.mxd>