HomeMy WebLinkAboutOTHER-2021-056-Amendment to Conservation Easement i I+
oar 050
t � 11to )
;
Attachment 4
L
I
r
r:
i
f
i
This instrument prepared by and return to : John L . Roberts, Office of the Orange County Attorney
Box 8181 , Hillsborough, NC 27278
c
NORTH CAROLINA 6
COUNTY OF ORANGE
AMENDMENT TO CONSERVATION EASEMENT
i
This Amendment to Conservation Easement (" Conservation Easement Amendment") is
granted on this day of Cram , 2021 , by CARL M. SHY and EVE CAROL SHY,
husband and wife, having an address at 6626 Bradshaw Quarry Road, Efland, NC 27243 '
(hereinafter " Grantors " ) , to ORANGE COUNTY, NORTH CAROLINA, having an address of
Post Office Box 8181 , Hillsborough, NC 27278 (hereinafter " Grantee ")
WHEREAS
c
E
Grantors are the sole owners in fee simple , of certain Property, more particularly
described in the " Conservation Easement" recorded at Book 2757 , Page 110 , Orange County
Registry, which property is further identified as Lot 1 -R (consisting of Lots I -A and I -B ) and Lot
2 on the plat of property titled "Property of Carl M . Shy and Eve Carol Shy, " prepared by ENT
Land Surveys , Inc . , which plat is recorded at Plat Book 90 Page 2 , Orange County Registry .
References in this Conservation Easement Amendment to "the Property" mean the property
described in the Conservation Easement as amended by "Amendment to Conservation Easement"
recorded at Book 5894 , Page 30 , Orange County Registry.
Grantors and Grantee have agreed to amend the Conservation Easement, as expressly
provided herein .
NOW, THEREFORE, for the reasons given herein and in consideration of the terms ,
covenants and conditions set forth in the Conservation Easement, Amendment to Conservation
Easement and this Conservation Easement Amendment, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantors convey
unto Grantee a conservation easement, of the nature and character and to the extent hereinafter
set forth, in respect to the Property as described in Exhibit A to the Conservation Easement and
further covenant and agree as follows .
i
i
c
k
l . Subparagraph 2 . 2 of Paragraph 2 is deleted in its entirety and replaced with the
following :
2 . 2 Construction . Grantors shall have the right to construct and maintain two ,
and only two , permanent residences within the Easement Area . The first residence
currently exists on the 14 . 32 - acre Lot 1 -A . The second residence is being constructed on
Lot 2 and within a Residential Envelope identified on Exhibit B . Grantors may construct
driveways , utilities , wells , and accessory structures whose use is incidental to and serves
the two residences . Grantors may also construct driveways to provide access to Castell
Lane from other parts of Lot IA or Lot 1B . Grantors may also construct outbuildings and
improvements for agricultural , horticultural, educational , artistic or recreational purposes
or for their own home-based small business , so long as authorized by Orange County
zoning regulations , consistent with permits required by and issued by Orange County
under its laws and ordinances for such buildings and land uses , and have advanced
written permission of the Grantee . Grantee may construct a trail, parking area, and
accessory structures for the NC Mountains -to - Sea Trail within the Easement Area .
Furthermore , there shall be no constructing or placing of any airplane landing strip ,
i
billboard or other advertising display, utility pole, utility tower, conduit or line on or
above the Easement Area other than those necessary to service the Easement Area' s
improvements and remaining compatible with the conservations values or interests of the
Easement Area . Outdoor lighting shall be laced and shielded so as to minimize the
g g p i
impact on surrounding areas .
2 . A new subparagraph 4 (e) of Paragraph 4 is added to read as follows :
(e) Right to Construct and Maintain Trails . The right, but not the obligation, to
construct a trail, parking area, and accessory structures within the Easement Area,
3 . Continued Force and Effect . The parties confirm the Conservation Easement as
amended by this Conservation Easement Amendment and acknowledge and agree , as amended
by this amendment, the Conservation Easement is binding and remains in full force and effect .
TO HAVE AND TO HOLD this Conservation Easement Amendment unto Grantee, its
successors and assigns , forever .
[The remainder of this page is intentionally left blank. Signature page follows . ]
Page 2 of 4
IN WITNESS WHEREOF , the Grantors and Grantee, intending to legally bind
themselves , have set their hands on the date first written above .
GRANTORS .
Carl Michael Shy
Eve Carol Shy
Accepted :
GRANTEE :
ORANGE COUNTY, NORTH CAROLINA
By :
Renee Price , Chair
Orange County Board of Commissioners
AT y ST :
a#f
Laura Jense , Clerk to the
Board of Commissioners
Page 3 of 4
f
i
Acknowledgments
I
NORTH CAROLINA
COUNTY OF ORANGE
f
I, , a Notary Public in and for said County and State do
hereby certify that and 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 day of , 2021 .
Notary Public
My commission expires :
NORTH CAROLINA
COUNTY OF ALAMANCE
I, 7ayo paNi dkrt M 0i " a Notary Public of the County and State aforesaid,
certify that Laura Jensen 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 Nuytmbty , 2021 .
i'
® Notary Public
My commission expires :
l
®®°®e®jV ®CE ®®®®®e
Page 4 of 4