HomeMy WebLinkAboutOTHER-2022-059-Amendment to conservation Easement This instrument prepared by and return to : John L . Roberts, Office of the Orange County Attorney
Box 8181 , Hillsborough, NC 27278
NORTH CAROLINA
COUNTY OF ORANGE
AMENDMENT TO CONSERVATION EASEMENT
This Amendment to Conservation Easement (" Conservation Easement Amendment") is
granted on this _ day of , 2022 , by VANN BENNETT and BERNADETTE
PELISSIER, husband and wife , having an address of 4516 Mystic Lane, Hillsborough, NC
27278 , (referred to as " Grantors " ) , to ORANGE COUNTY, NORTH CAROLINA, having an
address of Post Office Box 8181 , Hillsborough, NC 27278 (hereinafter " Grantee")
The designation Grantors and Grantee as used herein shall include said parties , their
respective heirs , successors and assigns , and shall include singular, plural , masculine , feminine or
neutral pronouns as required by context .
WHEREAS
Grantors are the sole owners in fee simple , of certain farm Property (hereinafter the
" Property " ) , which consists of approximately 90 . 47 acres of land, located in Cedar Grove
township , Orange County, North Carolina and identified as Tract 1 and Tract 2 and Tract 3 (PIN
984949 - 6992 and PIN 984949 - 0929 and PIN 9849 - 79 - 3656 , respectively) on the plat of
property titled "Property of Vann Bennett and Bernadette Pelissier, " prepared by ENT Land
Surveyors , Inc . , which plat is recorded at Plat Book 115 , Page 137 , Orange County Registry) ,
hereafter referred to as "the recorded Plat for this Conservation Easement . " The Property
includes buildings and other improvements , which are shown on Exhibit A, attached hereto and
incorporated herein.
Grantors and Grantee have agreed to amend the Conservation Easement, as expressly
provided herein .
Page 1 of 4
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 . Paragraphs 7 (c) of the Conservation Easement are deleted in their entirety and
replaced with the following .
(c) Single -Family Residential Dwellings — Two residential dwellings exist on the Property—
one within the "Farmstead Area" and one within the "Existing Residential Envelope, "
which are both identified on Exhibit A . All appurtenant structures and facilities such as
garages , sheds , and septic systems for these existing residential dwellings shall be
contained within the "Farmstead Area" . One ( 1 ) , but not more than one , additional single-
family residential dwelling, together with reasonable appurtenant structures , such as
garages , sheds , and septic systems may be built on the Property within a 2 . 06 acre
"Proposed Residential Envelope" located within the area identified as on Exhibit C and
outside of the stream buffers described in Paragraph 4 of this conservation easement . At
the time construction of such dwelling and such appurtenant structures is to commence ,
Grantee shall be notified of the location of the structure and facilities . Nothing about
Orange County ' s participation in or the signing of this Deed of Easement constitutes
zoning or subdivision approval or the permitting of these residential dwellings and their
appurtenant structures .
2 . The following maps added as Exhibit C to the Conservation Easement.
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
is
i
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IN WITNESS WHEREOF , the Grantors and Grantee, intending to legally bind
c
themselves , have set their hands on the date first written above .
GRANTORS
E
L;
VANN BENNETT
I.
BERNADETTE PELISSIER
Accepted :
GRANTEE : F
ORANGE COUNTY, NORTH CAROLINA
i
By :
Renee Price, Chair
Orange County Board of Commissioners
r
/ATEST .
Laura Jen , Clerk to the
Board of Commissioners
Page 3 of 4
Acknowledgments
NORTH CAROLINA
COUNTY OF ORANGE
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 , 2022 .
Notary Public
My commission expires .
NORTH CAROLINA
COUNTY OF ORANGE
I, 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 d County na and that by authority duly given and as the� act of.1sa , .
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 , 2022 .
Notary Public .
My commission expires : 51 - M '�•,,�
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