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Home My WebLink AboutOTHER-2022-034-Amendment to warranty deed of conversation Easement This instrument prepared by Robin Lackey Jacobs and John Roberts Return to : John L . Roberts, Office of the Orange County Attorney Box 8181, Hillsborough , NC 27278 STATE OF NORTH CAROLINA PINS : 9855 - 57- 5135 COUNTY OF ORANGE 9855 - 67-2244 AMENDMENT TO WARRANTY DEED OF CONSERVATION EASEMENT This Amendment to Warranty Deed of Conservation Easement (hereinafter " Conservation Easement Amendment " ) is made on this day of , 2022 by THE ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER VALLEY, INC . , a North Carolina nonprofit corporation, having an address of 4404 Guess Road, Durham, NC 27712 (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 . WHEREAS The Grantor is the sole owner in fee simple of certain real property located in Cheeks Township , Orange County, North Carolina, described in that deed recorded in Book 6303 , Page 520 , Orange County Registry and shown as "Lot 3B " and `. `Lot 4 " on the Plat entitled Page 1 of 7 " Conservation Easement Property Surveyed for State of North Carolina, Clean Water Management Trust Fund & Eno River Association, Grant #2017 - 025 " recorded in Plat Book 11 % Page 94 , Orange County Registry; and Grantor previously conveyed to Grantee that "Warranty Deed of Conservation Easement" recorded at Book 6547 , Page 17 , Orange County Registry, which encumbers Grantor ' s said real property as described in Exhibit A therein (hereinafter " Conservation Easement") ; and Grantors and Grantee have agreed to amend the Conservation Easement, as expressly provided herein , and references in this Conservation Easement Amendment to the "Property" means the property described in Exhibit A of the Conservation Easement , NOW, THEREFORE, for the reasons given herein and in consideration of the terms , covenants and conditions set forth in the Conservation Easement and this Conservation Easement Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby amend the terms and provisions of the said Conservation Easement as follows : 1 . RECITALS E of the Conservation Easement is deleted in its entirety and replaced with the following . E . The characteristics and conservation values of the Easement Area, its current use , and state of improvement, are described in a report entitled " Baseline Report for the lski Property (Panther' s Branch Natural Area) , " dated May 8 , 2017 , updated July 11 , 2018 (hereafter " the Baseline Report " ) prepared by the Grantor . The Grantor worked with the Grantee to ensure that the report is a complete and accurate description of the Easement Area 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 Easement Area 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 Easement Area if there is a question about its use . 2 . Paragraphs 2 .2 (b) and 2 . 2 (c) of the Conservation Easement are deleted in their entirety and replaced with the following . (b) Existing Structures & Improvements - The remains of a former residential structure and outbuilding exist on a location identified as "Area A" on that Plat recorded in Plat Book 119 , Page 94 of the Orange County Registry. Existing structures and improvements may be repaired and replaced within "Area A" and new buildings located within "Area A" may be constructed without further permission from the Grantee provided that such construction meets all applicable setback, zoning, and construction regulations . (c) New Parking Area Improvements — New parking area improvements consisting of a driveway, parking area, fencing, and a vault privy system may be built without any Page 2 of 7 further permission of Grantee provided that such improvements are located within the area marked as "Area P -2 " on Exhibit D attached to this Amendment, provided that such construction meets all applicable setback, zoning, and construction regulations . "Area P " 4 on that Plat recorded in Plat Book 119 , Page 94 of the Orange County Registry shall no longer be used for purposes of a driveway, parking area, or vault system . Any new structures or improvements proposed for locations outside of the " AREA A " on that Plat recorded in Plat Book 119 , Page 94 of the Orange County Registry and "Area P -2 " on Exhibit D attached to this Amendment shall be for educational or recreational purposes only and may be built only with the advance written permission of the Grantee . The Grantee shall give such permission within a reasonable time if it determines that the proposed structure or improvement would not diminish or impair the Conservation Values of the Easement Area or otherwise be inconsistent with this Conservation Easement . Page 3 of 7 3 . The following map added as Exhibit D to the Conservation Easement. east -west to property line approx . 274. 09 ' i i ti 1 " Pipe Bend r ti r r two r S10041 '24 " E 116 . 69' over veto tell t . east-west to property line _y approx . 217. 80 ' S11 ° 10 ' 32" E _ N10 ° 59 ' 02 "W approx . 208 . 79 ' - � 265018' too 0 : 40 * we geode 0049 levee N743846W - " ' " - 22 . 04' : 65- 96 ' :r• :r i •I Area Shown on Map 1== Ii Proper ► Exh lb it D Property Boundary = Area P levee, - - Streams CWMTF Easement Buildings Mathematical Point It ' y It ® Area P-2 Parcels Existing Corner doArea A -� Powerlines Feet0 25 50 100 150 Page 4 of 7 4 . Except as expressly modified and amended herein, the terms , provisions , easements and obligation, set forth in that Warranty Deed of Conservation Easement" recorded at Book 6547 , Page 17 , Orange County Registry, shall remain in full force and effect . TO HAVE AND TO HOLD this Conservation Easement Amendment unto it ' s the parties , their successors and assigns , forever . ., . . y Page 5 of 7 IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves , have set their hands on the date first written above . GRANTOR . Association for the Preservation of the Eno River Valley, Inc . Jessica Sheffield, Executive Director Accepted : GRANTEE . ORANGE COUNTY, NORTH CAROLINA By : Chair Orange County Board of Commissioners ATTEST :By ot�'n�E Clerk to the # Board of Commissioners i Page 6 of 7 Acknowledgments NORTH CAROLINA COUNTY OF ORANGE I, , a Notary Public of Orange County, North Carolina do hereby certify that personally appeared before me and acknowledged the due execution of the foregoing instrument . Witness my hand and official stamp or seal this the day of , 2022 . Notary Public My commission expires : NORTH CAROLINA COUNTY OF ORANGE I, �IAYa Oaw Mg MwH , a Notary Public of Orange County, North Carolina do hereby certify that personally appeared 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 Orange County, North Carolina 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 2ls# day of Jv vt. , 2022 . Notary Public My commission expires : � DA�+N��h��y Loo � cou 1# 498ININ0 Page 7 of 7 . „ . . . R.. .. f .:e� t.. �' Y