HomeMy WebLinkAboutOTHER-2022-010-Warranty Deed of Conservation Easement for Draper Savage Memorial Foundation OA b ' � 2 Z ' to
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Doc No : 30100538
Recorded : 03/28/2024 03421 : 59 PM
Fee Amt: $66 . 00 Page 1 of 25
Excise Tax: $497 . 00
O Orange County North Carolina � ��`„� .
Mark Chilton , Register of Deeds
BK 6842 PG 233 - 267 ( 26 )
C I
n
This instrur�[' prepared by and return to : John Roberts , Orange County Attorney . ,
P . Q . Box 8181 , Hillsborough , NC 27278
Ex �( � h ) ps : c� q � . o o
NORTH CAR A
01
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COUNTY OF O GE
WARRANTY
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EED OF CONSERVATIONA EMENT
EASEMENT
for
Friends of Moorefields
O
.
This Deed of Conservati(Q4Easement (hereinafter " Conservation Easement " ) is made the
Z � day of , 20Z4 by an* etween FRIENDS OF MOOREFIELDS , a North Carolina
non-profit corporation, having an ad*e s at 2201 MOOREFIELDS ROAD , HILLSBOROUGH ,
NC 27278 (hereinafter " Grantor" ) , a2ORANGE COUNTY, NORTH CAROLINA , having an
address of Post Office Box 8181 , Hillsbo ugh, NC 27278 and ASSOCIATION FOR THE
PRESERVATION OF THE ENO RIVE ALLEY , INC . , a North Carolina Nonprofit
Corporation, having an address of 4404 s Road, Durham, NC 27712 , also known as the Eno
River Association, (both together referred to rein as " Grantee " or " Grantees ") . The Grantor and
Grantees are collectively referred to as " The ies " .
The designation Grantor and Grantees as 10ed herein shall include said parties , their
heirs , successors and assigns , and shall include sin0lar, plural , masculine , feminine or neuter
pronouns as required by context .
RECITALS
simple , of cerl ' realproperty
A . The Grantor is the sole owner in feemp � located in Cheeks
Township, Orange County , North Carolina and described as TMcts One , Two and Four in that
deed recorded in Book 6793 , Page 2187 , Orange County Regi , and identified as Parcels ` A '
on the plat of property titled "Boundary , Easement, and Recomb ation Survey Property of
Friends of Moorefields , a NC Non-Profit Corp . , " prepared by preF red by Douglas R .
Yarborough, Professional Land Surveyor Landmark Surveying , Ine ated April 27 , 2022 , and
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recorded in Plat Book 2 , Page 6, Orange County Registry (hereafter referred to
lehe Recorded Plat") . , said property consisting of approximately 76 . 84 acres and hereinafter
ferred to as "the Property . " The Grantor and Grantees have agreed to subject 53 . 70 acres of the
r perty to a conservation easement . The area is a portion of Parcels A and is hereinafter
re,*rred to as "the Easement Area . " The Easement Area is more particularly described in
Ex� ' t A , furthermore, the property includes buildings and other improvements , which are
shown the aforesaid Recorded Plat and on Exhibit B , attached hereto and incorporated herein .
The Grantee Orange County is a body politic existing under Chapter 153A of the
North C a General Statutes , and the Grantee Eno River Association is a 501 (c) (3 ) non-profit
corporation, d each of them is qualified to hold Easements under the applicable laws of the
State of No arolina and is a qualified organization under I . R. C . section 170 (h) .
Co GOR for and Grantee acknowledge that the North Carolina Land and Water Fund
provided Grantee yrange County a grant related to its purchase of the easement (Project 2020 -
049) and acknowledges that part of the Property is subject to a Conservation Easement in favor
of the State of North Carolina, dated (A V , 2024 , and recorded in Deed BookCD�5 2 ,
Page 2 0 , Orange C my Registry , the area of said easement being shown as "Parcel ` A ' -
Easement 1 State of No Carolina Conservation Easement" and "Parcel ` B ' — Easement 1 State
of North Carolina Conser on Easement" on the Recorded Plat (hereafter be referred to
"NCLWF Easement") . `I
D . The Property coists primarily of productive agricultural land and forest land .
The majority of the soils on the Ida ement Area have been classified as "prime" or " statewide
important" soils by the Natural R&O rces Conservation Service (MRCS ) . The Property contains
a section of stream known as Rock` and its tributaries , which flow generally northeastward
before entering into the Eno River an'i Lake Ben Johnson, a public drinking water supply
reservoir serving the Town of Hillsboro . The entire Property is located within the designated
"critical area" of the Upper Eno Protecte atershed . It is the primary purposes of this
Conservation Easement to protect the agricoural soils and agricultural viability and productivity
of the Property , and to protect water quality O>the surface waters in the watershed of the Lake
Ben Johnson Reservoir and the Eno River. '
The Property also includes outstanding l
rip �r ' and woodland habitats for a variety of
native flora and fauna of the North Carolina Pled mbntimportant to the Grantor and Grantees , the
people of Orange County and the people of North Carolina . Furthermore, to the extent practical ,
the Grantor wishes to maintain the Property for certain public outdoor recreation uses as more
particularly described herein and protect the historical fe( res on the Property , namely the
Moorefields Home and Grounds (c . 1785 ) listed on the Na�onal Registry of Historic Places and
continue to facilitate appreciation of the arts in the tradition oQf the former owner . It is the
secondary purpose of this Conservation Easement to protect natural , outdoor recreational and
historical and cultural resources . All actions that have an effect ,on the listed property may be
subject to subject to Environmental Review from the State Hist ' Preservation Office .
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The grant of this Conservation Easement will further said wish , and will serve the
ollowing " Conservation Purposes , " as such term is defined in Section 170 (h) (4) (A) of the
Rode ,
The Easement Area contains a natural area that qualifies in its present condition as
a" . etatively natural habitat of fish, wildlife , or plants , or similar ecosystem, " as that phrase is
used*dn P . L . 96 - 541 26 USC 170 h A 11 , as amended, and in regulations promulgated
( ) ( ) ( )
thereund Specifically , the Easement Area contains a portion of the North Carolina Natural
Heritag ogram inventoried occurrence of the Seven Mile Creek Natural Area, and the riparian
areas ass ' ted with an extent of Rocky Run and its tributaries .
The ment Area also consists of productive agricultural land and forest land . The
majority of th (Vils on the Property have been classified as "prime" or " statewide important"
soils by the Natil Resources Conservation Service (NRCS ) . Another primary purpose of this
Easement is to pr4ct the green space , silvicultural and agricultural soils , and agricultural and
silvicultural viability and productivity .
The Easement A also includes land within a zone designated by Orange County as a
"critical area" of a prote water supply watered for Lake Ben Johnson Reservoir . Another
primary purpose of this E es5tnent is to protect the undeveloped nature of the Grantor ' s Property
and, in doing so, help protege 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 Cheeks
Township and the Upper Eno Prot�cted Watershed, so classified in the Orange County Zoning
Ordinance . It is a further purpose oh ' Easement to help protect the rural character and open
space of Cheeks Township ,
TheEasement Are provides lan� s for outdoorrecreation r heducationof m a p ov des area o 0o by , o the , the
general public, specifically the MoorefieldIome and Grounds (c . 1785 ) listed on the National
Registry of Historic Places .
The agricultural resources of the Proper nd its contribution to the protection of prime
farmland soils , a public water supply , natural an� ' dlife habitat, outdoor recreation, and the
other conservation interests described herein to be reserved by this Conservation Easement are
collectively referred to as the " Conservation Values " of the Property .
The Grantor and Grantees agree that the current i& of the Easement Area are consistent
with the conservation purposes of this Conservation Easent . The conservation purposes of this
easement, notwithstanding anything to the contrary containO herein, are also recognized by , and
this Conservation Easement will also serve , the following clo,
delineated governmental
conservation policies : ,
( 1 ) the Orange County Board of Commissioners ' Pa .( adopted June 21 , 1999) to
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O 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
vember t 8 ) 2008 ) with its goal of "Land uses that are appropriate to on- site environmental
coditions and features , and that protect natural resources , cultural resources , and community
ch*c er; "
(3 ) the protection of similar Orange County properties designed to protect
conse n and open space values through conservation easements granted to the Grantee and
others in vicinity of the Grantors ' Property ; and
4 ) Article 17 of the North Carolina General Statutes NCGS 113A.24 , entitled
Conservation, land and Open Space Protection and Coordination, otherwise known as the
"Million Acre Dative , " which provides that the State of North Carolina shall encourage ,
facilitate , plan, coQh ate, 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
(5 ) the L and Water Fund, North Carolina General Statute 113 - 145 . 1 et seq . ,
which recognizes the imp nee of protecting riparian buffers in conserving clean surface water ,
and X01 \
(6) the Soil and \Water Conservation Districts Act, authorized by NCGS § 139 . 1 ,
ides for the piervation of farm , forest and grazing lands ; and
et seq . , which prov
(7) the special preset` 5e value assessment of farm and forestland as set forth in
NCGS § 105 -277 . 2 et seq . , which alWws for lower property tax rates for land enrolled in active
agricultural uses .
E . The characteristics of the Pro erty, its current use and state of improvement, are
described in the report entitled "Baseline Rej for the Moorefields Property Conservation
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Easement, " dated - $r 214 (hereafter "the' aseline Report") prepared by the Grantees . The
Grantees worked with the Grantor to ensure thaahe report is a complete and accurate description
of the Easement Area as of the date of this Conse y� ion Easement . It will be used by the
Grantees to assure that an future changes in the use of the Easement Area will be consistent
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with the terms of this Conservation Easement. However, the Baseline Report is not intended to
preclude the uses of other evidence to establish the present condition of the Easement Area if
there is a question about its use . The Grantors and Granteeave copies of the Baseline Report .
The original of Baseline Report will remain on file at the ice of the Orange County
Department of Environment, Agriculture , Parks and RecreaGn .
F . The Grantors and Grantee have the common p §e of conserving the
above-described conservation values of the Property in perpetuity d the State of North
Carolina has authorized the creation of Conservation Easements I Tr ant to the terms of the
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North Carolina Conservation and Historic Preservation Agreements Act, N . C . Gen . Stat . §
121 - 34 et seq . , and G . S . § 153A- 176 and G . S . § 160A - 266 - 279 , which provide for the
� jlforceability of restrictions , easements , covenants or conditions " appropriate to retaining land
` m water areas predominantly in their natural , scenic or open condition or in agricultural ,
li icultural , farming , or forest uses , " and the Grantors and Grantee wish to avail themselves of
thQrovisions of those laws .
N W, THEREFORE, the Grantor, for and consideration of the facts recited above and of
the mu covenants , terms , conditions and restrictions contained herein hereby give , grant and
convey u the Grantees , their successors and assigns , forever and in perpetuity for the benefit
of the peo of North Carolina, a Conservation Easement over the Property of the nature and
character as ows :
l . P VOSE . The primary purposes of this Conservation Easement are to enable
the Property to remain in agricultural use by preserving and protecting its agricultural soils and
agricultural viability and productivity , and to protect the wetlands , riparian areas and surface
waters associated with t streams tributary to the Lake Ben Johnston Reservoir and Eno River
from the risk of adverse ' acts arising from use or development of the Property contrary to the
provisions of this Conse ' on Easement . Except as specifically permitted herein, no activity
that would impair the actua potential agricultural use of the Property shall be permitted .
Likewise, any activity that wci risk causing adverse impact to any stream tributary to the Lake
Ben Johnston Reservoir or the Ko River is prohibited . To the extent that the preservation and
protection of the other natural , h s(oric , recreational , habitat, or scenic values referenced in this
Conservation Easement are consiA8 t with the primary purposes stated above , it is within the
purpose of this Conservation Easen9 tto also protect those values , and no activity that would
significantly impair those values shah be permitted .
As authorized in the Uniform Co rvation and Historic Preservation Act, N . C . Gen .
Stat. § 121 -34 et seq . , this Conservation Ea Wnent is perpetual , it restricts the Grantor ' s property
in perpetuity ; and it is enforceable by Granted against the Grantor and the Grantor ' s
representatives , heirs , successors and assigns , sees , agents , and . licensees .
Grantor will not perform, nor knowingly 4 01 w others to perform , any act on or affecting
the Property that is inconsistent with the purposes 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 God or other
event over which Grantor had no control . Grantor under,6nds that nothing in this Conservation
Easement relieves them of any obligation or restriction once use of the Property imposed by
law. Q
IPROPERTY USES . Any activity on, or use of\X& Property inconsistent with the
purposes of this Conservation Easement is prohibited . All prope uses identified within this
conservation easement are and shall be permitted only outside of ( NCLWF Easement
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identified and marked on the Recorded Plat for this Conservation Easement and on Exhibit B ,
the original of which will be included in the Baseline Documentation Report . The Property shall
Jowe maintained in its historic , agricultural , natural , scenic and open condition and restricted from
development that would impair or interfere with the conservation values of the Property .
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N fthout limiting the generality of the foregoing , the following is a listing of activities and uses
wloh are expressly prohibited or which are expressly allowed . Grantor and Grantees have
deteveined 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 .
0 2 . 1 Subdivision and Conveyance . The Property consists of one tract of land
shown as el ` A ' on the Recorded Plat . The Easement Area consists of three areas of the
Property sh as Easement 2/A , 2B , and 2/C Eno River Association/Orange County
Conservation ement on the Recorded Plat. The Property shall not be further divided,
subdivided , or petitioned . No property interest in the Easement Area, including , but not limited
to the fee simple merest, shall be further divided, subdivided, or partitioned . Without limiting
the foregoing, the individual areas (2/A, 2/B , and 2/C) included in the Easement Area shall not
ided ownership and in their current configuration .
be conveyed except all together in undiv
2 . 2 1 kht to Privacy . Grantor retains the right to privacy and the right to
exclude any member of t ublic from trespassing on the Property . This Easement is not
intended to create any righ * the public in, on or to the Property except by way of the NC
Mountains-to - Sea Trail corricwhich the location is identified on the Recorded Plat for this
Conservation Easement . � '
2 . 3 Constructige. The Grantor ' s rights to construct or reconstruct buildings
and other improvements are descri* 'n subparagraphs (a) through (e) below. For any
construction or reconstruction that re u, ires advanced permission, the Grantor shall notif
y
Grantee and obtain written permission , Al construction or reconstruction is subject to Orange
County zoning regulations and must be 6sistent with permits required by and issued by Orange
County under its laws and ordinances for sh construction activities .
a Fences — Existing fens a be repaired and replaced , an new fences
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may be built on the ropft to identify property boundaries , for purposes
and customary manageme f livestock and wildlife , to protect or restore
the historical character of throperty without any further permission of
Grantees .
(b) Paving and Road Construction - struction and maintenance of
unpaved farm roads and roads or ewa s associated with the
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Moorefields Home and Grounds or leated within access easements
existing at the time of execution of this-conservation Easement that may
be reasonably necessary and incidental te' ,14rrying out the improvements
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and uses permitted on the Easement Are* for access to adjoining
properties as permitted in existing access e rnents are permitted . Such
roads shall be located so as to minimize imp c to prime and unique soils
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on the Protected Property . No portion of the Easement Area shall be
paved or otherwise covered with concrete , asphalt, or any other
impervious paving material , without the advance written permission of the
Grantee .
Q� (c) Existing Structures & Improvements — Grantors shall have the right to
maintain, remodel , and repair existing structures , water tanks , water wells ,
fences , utilities , roads , trails and other improvements , and in the event of
O their destruction, to reconstruct any such existing improvements 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 .
(d) Buildings and Other Improvements within the Farmstead Area -
Buildings and other structures , including unpaved parking areas ,
consistent with the uses permitted in this Easement may be constructed ,
' ntained , and reconstructed within the Farmstead Area identified on the
rded Plat for this Conservation Easement and more particularly
des ed in the Baseline Documentation Report, so long as such activities
are ccistent with Orange County zoning regulations and permits j
requira4*13ky law and issued by Orange County under its laws and
ordinanoe 'as they exist now as they may be amended from time to time ,
and are ccQucted under this Conservation Easement in a manner that is
consistent Mt the conservation purposes of this Conservation Easement ;
provided tha ��uld Orange County laws or ordinances require paved
handicapped perking areas in conjunction with such permitted 4
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construction, suclved parking areas shall be allowed .
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Utility Services and tic Systems — Installation maintenance repair,
replacement , removal ($1d relocation of electric , water and septic or other
public or private utiliti including telephone or other communication
services over or under th a asement Area for the purpose of providing
electrical, water, other utili ' to serve improvements within the
Farmstead Area and the right to grant easements over and under the
Easement Area for such purposes , is permitted . Grantors shall not permit .
or grant easements for utility transmission or distribution facilities or
systems without the written conse(of the Grantees . All other utilities are
prohibited on the Easement Area. Qe lular communication towers or
structures are also prohibited . Utility&es , poles and corridors cleared to
approximately 30 feet to protect them ,` lch exit at the time of the
execution of this easement , may remain d, be maintained.
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2 . 4 Agricultural Use . Grantors retain the right to farm , or to permit others to farm the
roperty for agricultural production, in accordance with applicable local , state and federal laws
` ,= g
d regulations .
\ ' Subject to the terms of this Conservation Easement, farming , grazing , horticultural and
an Pal husbandry operations are permitted only if conducted consistent with Best Management
Prac`ces promulgated by the State of North Carolina .
used herein, "agricultural production" means any use consistent with the definitions
contain North Carolina General Statute § 106 - 581 . 1 , including but not limited to the
production, ocessing, storage, or retail marketing of crops, livestock and livestock products .
For purposes rein, crops , livestock and livestock products include, but are not limited to :
a Field cr0 , including corn, soybeans , small grains , hay , potatoes , cotton , tobacco , herbs ,
dry beans ; �
b) Fruits , including apples , peaches , grapes , cherries , nuts , and berries ;
c) Vegetables, including lettuce , tomatoes , snap beans, cabbage, carrots , beets , onions ,
mushrooms ;
d) Horticultural sp� lties , seeds, Christmas trees , flowers ; provided that sod and other
crops where soil i oved from the Property are prohibited ;
e) Livestock and lives products, including dairy cattle, beef cattle, sheep swine, goats ,
horses poultry , bees' and other i r d p ry , , ��k er da ry p o ucts , eggs , honey .
Agricultural uses are prohibited within the NCLVVF Easement identified and marked on
the Recorded Plat for this ConservVilon Easement and on Exhibit B , the original of which will
be included in the Baseline DocumI; ion Report .
2 . 5 Rijaht to Use the Pmi) ertv for Custorriga Rural Enterprises . Grantor
retains the right to use the Property , for o6rwise lawful and customary rural enterprises , such
as, but not limited to, farm machinery repaI sawmills, firewood distribution, for nature and
historic tours , equestrian activities , and othepa sive or "Ecotourism" , "Agritourism" and
" Special Events" as defined herein, education rograms or farm meetings and like activities , so
long as such activities are consistent with Oran ounty zoning regulations and permits
required b and issued b Oran e Coun under ws and ordinances as the exist now and a
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they may be amended from time to time , and are c nducted outdoors or in buildings otherwise
permitted under this Conservation Easement in a manner that is consistent with the conservation
purposes of this Conservation Easement . Any structures required for permitted purposes shall be
located only within the Farmstead Areas identified on thEoecorded Plat for this Conservation
Easement. Any permanent or temporary structure or otherise addition to the impervious
surface shall not cause the total impervious surface restrictiS of the Easement Area to exceed
two percent . For the purposes of this easement, gravel and di^r ads shall not be included as
impervious area .
Grantor has the right to establish and carry out cus Wary rural enterprises
provided said activities are compatible with the Conservation PurpkA6s of this Conservation
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Easement and agriculture and forestry uses of the Easement Area . Enterprises which market
etroleum or chemical products are prohibited .
" ouris " shall be broadly defined to mean
For purposes herein, the term Ecot m y
� ism and activities that are carried out in a relatively undisturbed natural area that serves as a
tdell or the education, appreciation, and promotion of natural and cultural heritage that has
miM I negative impacts on the environment and farming resources of the Property and
proFtg P g
es conservation and best management practices and provides constructive ongoing
contribpti' ns to and for the local community .
0 The term "Agritourism" shall be broadly defined to mean those farming activities
and traditi\ad
activities that are carried out on any agricultural location, including
horticulturibusiness operations , that allow members of the general public , for
recreationnment, active involvement, or educational purposes , to view or enjoy rural
activities , farming , ranching , historic , cultural , harvest-your- own activities , or natural
activities aons , or " Special Events " as defined herein, that have minimal negative
impacts upon the environment and the Conservation Values of the Protected Property and are
limited to "de minimis " access to and uses of the Property . An activity is an agritourism activity
whether or not the partici ant paid to participate in the activity .
The term ecial Events " shall be broadly defined to mean a one -time or
infrequently occurring ev 0outside normal "Agritourism " programs or activities that provides
for a leisure , social or cultur. xperience outside the normal range of agritourism choices or I
beyond the everyday agncult experience such as but not limited to : seasonal festivals , harvest
celebrations , field days , square\ances and the like . In no event shall " Special Events " exist in a
manner that negatively impacts t& Conservation Values ,
246 Timber Harve Pursuant to a forest management plan prepared by the
North Carolina Forest Service or a North Carolina Registered Forester and approved by the
Grantees , trees may be removed, cut an6herwise managed so long as the trees are outside of
the NCLWF Easement marked on the ReQded Plat, and referenced in Exhibit B . The trees
within the NCLWF Easement are subject t e terms of the NCLWF Easement ,
2 . 7 Recreational Use . Cons nt with the purpose of and the limitations r
contained in this Conservation Easement, Grant hall have the right to engage in and permit
others , whether or not for consideration, to engag recreational uses of the Property , including,
but not limited to hiking, camping , picnicking , and other recreational uses that require no
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buildings , facilities , surface alteration or other development of the land so long as authorized by
Orange County zoning regulations and consistent with pe its required by and issued by Orange
County under its laws and ordinances . Pursuit of wildli any form of motorized
transportation is not allowed . Grantors may also construct d maintain fences , horse trails , foot
trails , and or non-motorized vehicle trails incidental to such oses and may lease or license
any portion of the Property for such recreational purposes . G a r reserves the right to
promulgate and enforce reasonable rules and regulations for al ?tivities incident to recreational
use of the Property , including but not limited to the right to prohi any recreational use that
would permit destruction of other significant conservation value offhe Property .
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2 . 8 New Trails . Grantor reserves the right to construct and maintain new
ttural surface trails for the purpose of hiking . It is hereby noted that the NC Mountains -to - Sea
ail corridor is located within the NCLWF Easement is expressly allowed according to Article
I . of that easement. All tra
to ' Is must be located a minimum distance of fifty 54 feet from the
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jof the bank of all surface water, unless such locations are physically impracticable , and must
be l�ted so as not to impair the Conservation Values . When required by the terrain, trails may
include ardwalks , ramps , and handrails to the extent necessary . Trails may include stream
cross0 p to 6 feet wide, provided they are permitted by all applicable regulatory authorities .
All nece care shall be taken to construct and maintain trails in a manner so as not to impair
any Conse tion Values either during or after construction . Orange County shall have the
authority to ee�.uire the closure of any trail that is detrimental to any Conservation Values .
Trail and Recreational Accessories . Grantor and Grantees, with Grantor ' s
written permissioi�inay construct and maintain park benches, litter receptacles , and directional ,
educational , and informational signs along existing trails and approved new trails . All necessary
care shall be taken to construct and maintain trail and recreational accessories in a manner so as
not to impair any Conse ation Values either during or after construction . Grantees shall have
the authority to require removal of any trail or recreational accessory that is detrimental to
any Conservation Values . 0
2 . 10 Educat k 1 Use . Grantor reserves the right to engage in and permit
others to engage in educational ages in the Easement Area not inconsistent with this
Conservation Easement, and the %i ht of access to the Easement Area for such purposes
including organized educational A ivities such as site visits and observations .
2 . 11 Excavation . TPfere shall be no filling , excavation, dredging , mining or
drilling ; no removal of topsoil , sand, gr01 rock, peat, minerals or other materials ; and no
change in the topography of the land in an manner except as necessary to allow a) the
construction of the improvements allowe ove, b) the maintenance of roads, hiking , horseback
and non-motorized vehicle trails ermitted under, and c the combating erosion
p ) at g on or flooding .
2 . 12 Destruction of Plants . G tors shall have the right to cut and remove a)
diseased trees , shrubs, or other plants ; b) non-nat ' r invasive trees , shrubs , or other plants ; and
c) to cut firebreaks . Grantors shall also have the ri ht to cut and remove trees , shrubs , or other
plants to accommodate the activities expressly allowed under this Conservation Easement ,
ithin agricultural fields , there shall be no additional
Except within the Farmstead Area and w
removal , harvesting, destruction or cutting of native treeeslmbs or other plants . Except for
within the Farmstead Area, use around improvements, in dens , or in the agricultural areas
there shall be no planting of non-native trees , shrubs , or of plants in the Property , and no use
of fertilizers , plowing, introduction of nonnative animals , o�turbance or change in the natural
habitat in any manner . X001
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2 . 13 Water Rights , Qualily_ and Drainage Patterns . There shall be no pollution
wf surface water, natural water courses , lakes , ponds , marshes , subsurface water or any other
` Ywater bodies , nor shall activities be conducted on the Property that would be detrimental to water
ity or, except as specified herein, that could alter the natural water level or flow in or over the
' erty . Grantor shall retain the right, consistent with federal, State and local laws and
reAOations , to use any appurtenant water rights sufficient to maintain the agricultural
prodetivity of the Property and the gardens surrounding the historic structures . Grantor shall not
transfe %, nmber, lease , sell or otherwise separate such water rights from title to the Property
itself. e shall be no other alteration, depletion of surface water, natural water courses ,
lakes , pmarshes , subsurface water or any other water bodies on the Property . Diking ,
draining or removal of wetlands is prohibited .
(jl 4 Natural Resource Restoration and Enhancement Activities . Grantor may
engage or contra others to engage in any activity designed to repair, restore , or otherwise
enhance the natur�rresources found or once present on the Easement Area, such as the
restoration of the riparian forest corridors , so long as such activities are consistent with the
Conservation Values of this Conservation Easement and consistent with a management plan
prepared for this properttvand approved in advance by the Grantee .
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2 . 15 Si e . No signs or billboards or other advertising displays are allowed
on the Property except as fo s : signs authorized by Orange County zoning regulations whose
placement, number and design not significantly diminish the scenic character of the Property
may be displayed to identify tra 9 and the conservation values of the Property , to identify the
name and address of the Propertond the names of persons living on the Property , to give
directions , to advertise or regulate rmitted uses on the Property and proscribe rules and
regulations for recreational use of tivrespassers ,
otected Property , to advertise the Property for sale or
rent , and to post the Property against
2 . 16 No Biocides . TherE Yhall be no use of pesticides or blocides , including but
not limited to insecticides , fungicides , rodeocides , and herbicides , except as approved by
Grantee to control invasive species detriment$ to the conservation values of the Property , and
except as needed around improvements on th�' iroperty and in agricultural fields .
2 . 17 No Dumping . There shallYher
o storage or dumping of trash, garbage ,
abandoned vehicles , appliances , or machinery , or unsightly or offensive material ,
hazardous substance, or toxic waste on the Property (except the short-term storage of household
garbage and waste) . There shall be no changing of the topography through the placing of soil or
other substance or material such as land fill or dredging �ls , nor shall activities be conducted
on the Property or on adjacent property owned by Grantor hat could cause erosion or siltation
on the Property . O
2 . 18 Predator Control . Grantors shall have tP Bright to control , destroy , or trap
predatory and problem animals that pose a material threat to liv6el ck and/or humans by means
VA
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Y,
Page 11 of 25
�,h
and methods approved by the Grantees . The method employed shall be selective and specific to
individuals , rather than broadcast, nonselective techniques .
2 . 19 Industrial Development . Any industrial uses of or activity on the
perty are prohibited .
2 . 24 Extinguishment of Development Rights . Except as otherwise reserved to
the Gran rs in this Conservation Easement, the parties agree that all development rights
appurte t to the Property are hereby released, terminated and extinguished, and may not be
used on ansferred to any portion of the Grantors ' Property as it now or hereafter may be
bounded o scribed, or used or transferred to any other property adjacent or otherwise, nor
used for the ose of calculating permissible lot yield of the Grantor ' s Property or any other
property .
2 . V Open Space and Development Rights . The Easement Area shall not be
used to satisfy open space or density requirements of any cluster or other development scheme or
plan . The development rights encumbered by this Conservation Easement shall not be transferred
to any other land pursu to a transfer of development rights scheme , a cluster development
arrangement, or otherw
2 , 22 Mit o ' n . There shall be no use of the Easement Area or any portion
thereof to satisfy comPensattooV requirements under 33 USC Section 1344 N . C . G . S .
iti gation
§ 143 -214 . 11 or any successor q Ir*eplacement provision of the foregoing .
3 . ADDITIONAL RI " S RETAINED BY GRANTOR. Grantor retains the
followingadditional rights , J
g
(a) Existing Uses . The dertake or continue n an right or use of the
� � Y activity
Property is not prohibited by this Conservaon Easement . Prior to making any change in use of
the Property , Grantors shall notify Grantees Owriting to allow Grantees a reasonable
opportunity to determine whether such changvould violate the terms of this Conservation
Easement. (0
(b) Transfer. The right to sell , give , m4gage , lease , or otherwise convey the
Property subject to the terms of this Conservation Easement ,
4 . GRANTEES ' RIGHTS . To accomplisb(: e purpose of this Conservation
Easement, the following rights are granted to Grantees by !is Conservation Easement.
O
(a) Right to Protect , The right to preserve and protect thkic nservation values of the
Property and enforce the terms of this Conservation Ea e ,ent .
Page 12 of 25
(b) Right of Entry . Grantees , their employees , representatives , and agents and their
successors and assigns , have the right, after prior written notice to Grantor, to
X001 - enter the protected Property at reasonable times for the purposes of: (a)
inspecting the protected Property to determine whether the Grantor, its
\<> ' representatives , assigns , heirs and successors are complying with the covenants
and purposes of this Conservation Easements and (b) monitoring and research as
described below .
00 Monitoriniand Research . The right, but not the obligation, to monitor the native
plant and wildlife populations , plant communities and natural habitats on the
j , Property . Grantees agree that all monitoring activity, inventory and assessment
;5 york or other natural resource research conducted by Grantees or at Grantees '
rection or with Grantees ' permission shall be reported to Grantor . Grantor
atftes that all monitoring activity , inventory and assessment work or other natural
resorce research conducted by the Grantor or at Grantor ' s direction or with
Grantor ' s permission shall be reported to the Grantees .
(d) ManagepIgnt of Exotics and Invasive Species . The right, but not the obligation, to
control , a age or destroy exotic non-native species or invasive species of plants
and anim at threaten the conservation values of the Property . The Parties will
consult with other prior to implementing control activities .
5 . RESPONSIBI IES OF GRANTOR AND GRANTEES NOT AFFECTED .
Other than as specified herein, the Conservation Easement is not intended to impose any legal or
other responsibility on the Granto "r in any way to affect any existing obligation of the Grantor
as owner of the Property . Among & er things , this shall apply to :
(a) Taxes - The Grantor shall solely responsible for payment of all taxes and
assessments levied againsY6e Property ,rty .
(b) Upkeep and Maintenance - Grantees shall have no obligation for the upkeep
he granting of this Conservation Easement shall
or maintenance of the Prope�
not in and of itself be construed Ocreate or impose upon the Grantor any
obligation for the upkeep or main i ce of the Property except to the extent
elsewhere required by this Consery ion Easement .
6 . ACCESS . This Easement is not intended to create any rights of the public in , on
or to the Property but does allow a future grant of easer ee t for the NC MountainsAo- Sea Trail
corridor, the location of which is identified as Parcel A, Eto!ment 3 on the aforesaid Recorded
Plat for this Conservation Easement and known as the "TraiDkrea" . Additionally , the public has
the right to view the Property from adjacent publicly accessibo'areas such as public roads and
waterways .
Page t 3 of 25
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*1110 7 . ENFORCEMENT . The Grantees shall have the right to prevent and correct
violations of the terms of this Conservation Easement . The State of NC shall have third party
� rghts of enforcement.
0
(a) With reasonable advance notice provided to the Grantor or with the Grantor ' s
priq) verbal consent, the Grantees shall have the right to enter the Grantor ' s Property for the
purpVsse of inspecting for compliance with the terms of this Conservation Easement . The
Grantees hall have the right to prevent violations and remedy violations of the terms of this
Conse on Easement through judicial action, which shall include , without limitation, the right
to bring eedings in law or in equity against any party or parties attempting to violate the
terms of t ' onservation Easement . Except when an ongoing or imminent violation could
irreversibly finish or impair the conservation values of the Property, the Grantees shall give
the Grantor n notice of the violation and thirty (30 ) days to cure the violation, before
commencing anlegal proceedings . The Grantees may obtain an injunction to stop a violation or
a threatened viola19n, temporarily or permanently . The parties agree that a court may issue an
injunction or order requiring the Grantor to restore the Grantor ' s 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 violation has occurred , the Grantor shall reimburse the Grantees for all
its expenses incurred in ping and correcting the violation, including but not limited to
reasonable attorneys ' fee . any case where a court finds no such violation has occurred, each
party shall bear its own cos n any case where the court finds that there was a complete
absence of a justiciable issue ftither law or fact raised by the losing party , the court may award
e' prevailing party as provided by law. The failure of the Grantees
a reasonable attorneys fee to tl�
to discover a violation or to takeomediate legal action shall not bar it from doing so at a later
time for that violation or any subs auent violations .
(b) Grantees shall not brieany action against Grantor for any injury or change to
the Property caused by third parties, or rlting from causes beyond the Grantor ' s control ,
including , without limitation, fire , flood, rm and naturally caused earth movement, or from
any prudent action taken in good faith by t Grantor under emergency conditions to prevent,
abate , or mitigate significant injury to life, age to the Property or harm to the Property
resulting from such action .
(c) Third Pg1y Ri htg of Enforcement , the event that the Grantee fails to enforce
any terms in this Conservation Easement, the Stat f North Carolina shall have the independent
right to enforce the terms of this Conservation Easement through any and all means and
authorities available under law or equity . Any forbearance by the State to exercise this right of
enforcement shall not be deemed or construed to be a weer by the State of such right in general
or with respect to a specific violation of any of the terms ophis Conservation Easement. Grantor
grants the State , and its agents, employees , and representatios the right of entry and access to
the Property for the purposes of inspecting the Easement Ard carrying out its third party
rights of enforcement set forth herein. XO>I\
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111010
8 . TRANSFER OF EASEMENT . Grantees have the right to transfer, assign ,
convey, or otherwise to co -hold the Conservation Easement created by this Deed to any public
ency or private nonprofit organization that, at the time of transfer, is a qualified organization
sq
Oder Section 170 (h) of the U. S . Internal Revenue Code, as amended and under NCGS 121 - 34 et
s , provided the agency or organization expressly agrees to assume the responsibility imposed
onjrantees by this Deed . If Grantees ever ceases to exist or no longer qualify under Section
170 (eof the U . S . Internal Revenue Code , or applicable State law, a court with jurisdiction shall
transfer t is Conservation Easement to another qualified organization having similar purposes
that ag to assume the responsibility imposed by this Conservation Easement ,
9 . TRANSFER OF THE PROPERTY. Grantor shall notify Grantees , in writing , at
least thirty ( days prior to any conveyance by Grantor of the Property or any interest in the
.Property, and document of conveyance shall expressly refer to this Conservation Easement
and, by its term he conveyance shall be made subject to and subordinate to this Conservation
Easement.
10 . AMENDMENT OF EASEMENT . This easement may be amended only with
the written consent of Gr for and Grantees . Any such amendment shall be consistent with the
purposes of this Conse on Easement and shall comply with Sec . 170 (h) of the Internal
Revenue Code, or any re tions promulgated in accordance with that section . Any such
amendment shall also be co4 ' tent with the Uniform Conservation and Historic Preservation
Agreements Act, N . C . Gen . . § 121 - 34 et seq . , or any regulations promulgated pursuant to
that law . The Grantor and Graes have no right or power to agree to any amendment that
would affect the enforceability o( Ihis Conservation Easement ,
11 . TERMINATION C�` �ASEMENT . If it is determined by a court with
jurisdiction that conditions on or suff undin the Property have changed m h '� g op rty ha ged so much that it is
impossible to fulfill the conservation pup ses set forth above , a court with jurisdiction may , at
the joint request of both the Grantor and ntees, terminate this Conservation Easement.
If condemnation of a part of the Prop or of the entire Property by public authority
renders it impossible to fulfill any of these co rvation purposes , the Conservation Easement
may be terminated by a court with jurisdiction . �0
At the time of the conveyance of the Conseiation Easement to the Grantees , this
Conservation Easement gives rise to a real Property right, immediately vested in the Grantees . If
the easement is terminated and the Property is sold or taken for public use , then, as required by
Sec . 1 . 170A - 14(g)(6) of the IRS regulations , the Grantec6hall be entitled to a percentage of the
gross sale proceeds or condemnation award (minus any am unt attributed to new improvements
made after the date of the conveyance, which amount shall ID reserved to the Grantor), equal to
the ratio of the appraised value of this easement to the unrestd fair market value of the
Property , as these values are determined on the date of this Co s rvation Easement . The
Grantees shall use the proceeds consistently with the conservati r�urposes of this Conservation
Easement . y .
Page 15 of 25
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'1101O
12 . PROCEDURE IN THE EVENT OF CONDEMNATION OR EMINENT
OMAIN. Grantor and Grantees recognizethat the partial sale this Conservati
e o
on Easement
Iv property right,es rise to a ri immediate) vested in the Grantees , with a fair market value equal
Y
tto 'e proportionate value that the Conservation Easement bears to the value of the Grantor ' s
Pr*rty prior to the restrictions imposed by the Conservation Easement . Accordingly , if any
con mnation or eminent domain action shall be taken, on all or part of the Grantor ' s Property ,
by any a horized authority , said authority shall be liable to the Grantees for the value of the
prope ht vested in the Grantees at the time of the signing of this Conservation Easement .
If c f emnation or a taking by eminent domain of a part of the Grantor ' s Property or the
entire Prope by a public authority renders it impossible to fulfill any of the conservation
purposes of th onservation Easement on all or part of the Property, this Conservation
Easement may erminated or modified accordingly through condemnation proceedings .
Grantor and Grans 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 ' terminated or modified and any or all of the Grantor ' s Property is sold
or taken for public use , * , as required by Section 1 . 170A. 14 (g) (6) of the IRS regulations , the
Grantees shall be entitled*
ntitled he proportionate value of the Conservation Easement, which has
been redetermined at six cent 60 % of the Easement Area ' s unrestricted value less the
P tY ( )
value of structures located wio. the Farmstead Area, subject to any applicable law that
expressly requires for a differeiedisposition of the proceeds .
If, however, after the condvrnnation or eminent domain proceedings , a court of
jurisdiction does not include in the t ompensation awarded as a result of the taking , the
amount of the Conservation Easemenl value , then the Grantor shall not be responsible to share
any proceeds awarded . 6
All condemnation related expense ' eluding reasonable attorney fees, incurred by the
Grantor and the Grantee shall be paid out o recovered proceeds prior to distribution of the
net proceeds as described herein.
Be INTERPRETATION . This Cons ation Easement shall be interpreted under
the laws of North Carolina, resolving any ambiguiFes, and questions of the validity of specific
provisions as to give maximum effect to its conservation purposes .
14 . INDEMNIFICATION AND INSURAPO . Grantor agrees to indemnify and
hold Grantees harmless from any and all costs, claims or 10 ility, 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 tl %egligence of Grantees or their
agents , in which case liability shall be as provided by law. Inition, Grantor agrees to
maintain liability insurance covering the Property with the limits follows : (1) $ 300 , 000 per
person for personal injury or death, up to $ 300 , 000 per occurrence nd (ii) $ 300 , 000 per
Page 16 of 25
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0 occurrence for property damage . These policy limits may be amended from time to time by
written agreement of the parties to which the parties agree to be bound . Additionally , Grantor
warrants that Grantees are and will remain a named insured on Grantor ' s Property insurance
Ne
licies covering the Property . Grantor shall provide Grantees with a certificate of insurance
o�
brage on the effective date of this Conservation Easement and within 10 days of each
m9V ance renewal date .
1 TITLE . The Grantor warrants that they hold fee simple title to the Property , free
from aacumbrances except for those exceptions deemed b the Grantees as acceptable and
p p Y p
set furthP Exhibit D to this Conservation Easement, and hereby promise to defend the same
against all ims that may be made against it .
16 . OTICES . Any notices required by this Conservation Easement shall be in
writing and sha e personally delivered or sent by first class mail , to Grantors and Grantee ,
respectively , at t following addresses , unless a party has been notified by the other of a change
of address .
To Grantors : To the Grantees :
Friends of Moore s Orange Count Department of Environment
Y p
2201 Moorefields Agriculture , Parks and Recreation
Hillsborough, NC 2 Orange County, North Carolina
P . O . Box 8181
Hillsborough, NC 27278
AND
Eno River Association
4404 Guess Rd .
Durham, NC 27712
17 . ENVIRONMENTAL CONDI SQN . The Grantor covenants and represents that
it knows of no release or threatened release of an ardous Materials on, at, beneath or from
the Property , or arising from or connected with a ation of any Environmental Laws . The
Grantor hereby promises to hold harmless and indemnify the Grantee against all litigation,
claims , demands , penalties and damages , including reasonable attorneys ' fees , arising from or
connected with the release or threatened release by Gran d6 its agents , assigns , and guests, of
any Hazardous Materials on, at, beneath or from the Propy , or arising from or connected with
a violation of any Environmental Law. " Guests" as describdUherein shall not include members
of the public who are on the Property because they were attraef d by the NC Mountains4o Sea
Trail or by Orange County ' s adjoining Seven Mile Creek PreshAej
"Environmental Law" or "Environmental Laws " means nd all Federal , state, local or
Page 17 of 25
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municipal laws , rules , orders , regulations , statutes , ordinances , codes , guidelines , policies or
equirements of any governmental authority regulating or imposing standards of liability or
andards of conduct (including common law) concerning air, water, solid waste, hazardous
terials , worker and community right-to ,know, hazard communication noise , radioactive
n erial , resource protection, subdivision, inland wetlands and watercourses , health protection
an( imilar environmental health safety , building and land use as may now or at any time
� � � g
hereeer be in effect .
azardous Materials" means any petroleum , petroleum products , fuel oil , waste oils ,
explosiv eactive materials , ignitable materials , corrosive materials , hazardous chemicals ,
hazardous stes , hazardous substances , extremely hazardous substances , toxic substances , toxic
chemicals , r active materials, infectious materials and any other element, compound, mixture ,
solution or su mce which may pose a present or potential hazard to human health or the
environment .
18 . SEVERABILITY . If any provision of this Conservation Easement is found to be
invalid, the remaining provisions shall not be altered thereby .
19 . PARTI,� Every provision of this Conservation Easement that applies to the
Grantor or Grantees shall o apply to their respective heirs , executors , administrators , assigns ,
and all other successors as interest may appear. This Conservation Easement shall not be
construed to benefit or to cre4 Wy rights in any third parties , including but not limited to the
general public except as expreN ;k provided herein .
0
24 . RE-RECORDING In order to ensure the perpetual enforceability of the
Conservation Easement, the Grante4 a e authorized to re-record this instrument or any other
appropriate notice or instrument .
21 . MERGER. The parties a e that the terms of this Conservation Easement shall
survive any merger of the fee and easementerest in the Property .
22 . SUBSEQUENT LIENS ON E PROPERTY . No provisions of this
Conservation Easement should be construed as ftairing the ability of Grantor to use the
Property as collateral for subsequent borrowing , W9 ided that any mortgage or lien arising from
such a borrowing is made subordinate to this ConsVrvation Easement.
24 . ENTIRE AGREEMENT . This instrument sets forth the entire agreement of the
parties with respect to the Conservation Easement and s&sedes all prior discussions ,
negotiations, understandings or agreements relating to thet onservation Easement . If any
provision is found to be invalid, the remainder of the proviQns of this Conservation Easement,
and the application of such provision to persons or circumstv&s other than those as to which it
is found to be invalid , shall not be affected thereby . `A
Page 18 of 25
00
1110
25 . ACCEPTANCE AND EFFECTIVE DATE . As attested by the Clerk of the
Grantee and the signature of its authorized representative affixed hereto , the Grantee hereby
cepts without reservation the rights and responsibilities conveyed by this Conservation
`' sement. This Conservation Easement is to be effective the date recorded in the Orange
UeVnty Registry of Deeds .
26 . ATTORNEY ' S FEES . In connection with any litigation arising out of this
Contract the prevailing party shall be entitled to recover from the other party all costs incurred
by it, i ding reasonable attorneys ' fees , which shall include fees on appeal ,
i
T AVE AND TO HOLD , this Grant of Conservation Easement unto the said Grantees
forever .
[The remainder of this page is intentionally left blank. Signature page follows . ]
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Page 19 of 25
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Q IN WITNESS WHEREOF the Grantor and Grantees , intending to legally bind
themselves, have set their hands on the date first written above .
GRANTOR.
FRIENDS OF MOOREFIELDS , a North Carolina
non-profit corporat ' n,
,d By :
Q Pam Hemminger, President
Friends of Moorefields
NORTH CAROL,NA
COUNTY OF ORANGE
I, j , a Notary Public for said County and State do hereby certify
that Pam Ylemminger, Pr eW&<xqn t of Friends of Moorefields , a NC non-profit corporation,
personally appeared before d acknowledged the due execution of the foregoing instrument
for the purposes therein expre�.
Witness my hand and notali al this the � ay of YayA , 20
Q Notary Public
My commission expires .
/jj 11o;2
� " ��rrNrrr ► ►r ►►►►j►�, ,i
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Page 20 of 25
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Accepted :
GRANTEES . 1
i
' ORANGE COUNTY, NORTH CAROLINA
By :
J iiW etta Milford , Chair
Orange County Board of Commissioners
AT ES1
c
Laura Jenskn, erk to the
Board of Co ioners
i
NORTH CAROLINA
COUNTY OF ORANGE
I a Notary Public of the County and State aforesaid, certify that
Laura Jensen personally carn6 b�f p me this day and acknowledged that she is Clerk to the
Board of Commissioners for Or County, North Carolina and that by authority duly given
and as the act of said County , the f e ing instrument was signed in its name by the Chair of j
said Board of Commissioners and att sted by her as Clerk to said Board of Commissioners .
4
Witness my hand and notarial sea0his the j day of , 20/0() C,
Notary Oublic
My commission expires .
\0*1
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01PRY40
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PUo - ;' Page 21 of 25
GE
PA
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ASSOCIATION FOR THE PRESERVATION OF
THE ENO RIVER VALLEY , INC . , A NORTH
CAROLINA NONPROFIT CORPORATION
B
y
Je ica Sheffield , Executive Director
NORT&AROLINA
COUNTY
I, � 5 . 1. ,V; , a Notary Public for said County and State do hereby certify
that Jessica iel , Executive Director of the Association for the Preservation of the Eno
River Valley, , a NC non-profit corporation, personally appeared before me and
acknowledgedlue execution of the foregoing instrument for the purposes therein expressed .
Date AW& 14 , uz� q
� �dA
4i1a1w ignature o Notary
(Official Seal) �'
vt
Kimbe S. Livings, Notary ' s p ' ed or typed n e
NOU Public
Orange County My commission expires : 0� 3 O U
North Carolina - �-
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CD
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Page 22 of 25
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O EXHIBIT A . LEGAL DESCRIPTION OF EASEMENT AREA
eing all of that 53 . 70 acre parcel , more or less , including the following three areas : (i) all of that
. 7 acre area, more or less labeled "Easement 2/A Eno River Association/Orange County
servation Easement" ; (ii) all of that 37 . 77 acre area, more or less , labeled " Easement 2/13 Eno
Rl Or Association/Orange County Conservation Easement" ; (ill) all of that 10 . 66 acre area, more
labeled "Easement 2/C Farmstead Area" ; all as shown on that certain plat entitled " Final
or l4
Exempt Plat Boundary , Easement, And Recombination Survey Property of Friends of
Moore ds , A NC Non- Profit Corp . , The State of North Carolina, Land and Water Fund ,
Orange ty, North Carolina AND The Eno River Association" prepared by Douglas R. l
Yarborotio,veerofessional Land Surveyor, Landmark Surveying , Inc . , dated April 27 , 2022 and
t
recorded in Book_, Page , of the Orange County Registry .
*1110
1110
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Page 23 of 25
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'11010 EXHIBIT B . GIS MAP AND SKETCH OF PROPERTY
Sheds
'dt 4 6 4 a 9 & to g 4 a '
O NK
Gravesite f '
Patio! # . . . .
Formal Gardens
/ Mouse
cem t
�_
�.
i
.. I G\So if
. . . . . . . . . . . . . . . . . . . : :. . . . . . . . . . :
o
zdF- zOF"
fgo, W
w -aWa. W2
1. fee > U ° 3a
¢ ZwWa
>> a
. s i W paa �
_ Oft
Me 74
k" AO wV
�. � w3azFA
` ¢ > 0 � ZU
FawW
02 C7c4Q �
O ; ; ; z
rw ¢ U3
n
: . . .
. . . . . .
_
f w
z
MOOREFIELD.S RQ a, 0 i clot
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zx a,4 � a
w � aa
� cn > V 7 A:
x ¢ ozw00
E- proVQczUw
Moore fleids Conservati Easement
Conservation Easement Map
Moorefields Property Existing Access Easement �,.•�, r ., , {
NCLWF CE _ ., .
Structures N v _
.,:.. :.
f
MST Easement Driveway
Farmstead Area Roads Q o 160 320 480 640
OC/ERA Co-held CE Streams Feet
Page 24 of 25
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:
EXHIBIT C . PERMITTED EXCEPTIONS
Terms of the underlying fee simple rights of the Conservation Easement from Friends of
` Moorefields a North Carolina non rofit corporation to Orange County , North Carolina
p � i
and Association for the Preservation of the Eno River Valley , Inc . recorded in Book (P 5q *Z
� atPage Zia
2o atters shown on recorded Plat Book 62 at Page 97 ; Plat Book 64 , Page 158 ; Plat Book
age 108 ; Plat Book 62 , Page 98 ; Plat Book 4 , Page 115 ; Plat Book 62 , Page 99 ; Plat
55 , Page 197s and Plat Book 106 , Pages 92 - 93 .
3 . Ma rs shown on that certain plat entitled "Final Exempt Plat Boundary , Easement , And
Rec ination Survey Property of Friends of Moorefields , A North Carolina Nan-Profit
torpor n Survey For The State of North Carolina, Land and Water Fund , Orange
County rth Carolina and The Eno River Association" prepared by Douglas R .
Yarborou i, Professional Land Surveyor, Landmark Surveying , Inc . , dated April 27 ,
2022 and recorded in Plat Book 1 'Z �7 , Page , of the Orange County
Registry .
4 . Easement(s) to I rris Telephone Company recorded in Book 180 at Page 440 .
5 . Easement(s) to mont Electric Membership Corporation recorded in Book 241 at Page
1652 .
6 . Easement(s) to B arc Jacobs recorded in Book 1327 at Page 350 ,
T Rights of others for inwisss and egress purposes in and to the use of easement( s) located
on the Land .
8 . Ordinance of the Orange (dounty Board of Commissioners Designating the property
known as the Moorefields \1a's�a Historic Landmark recorded in Book 1754 , Page 23 ,
NQTE : This property is loc& � �d in a zoned Historical Preservation area and is subject to
all easement rights , privileges�or burdens appurtenant thereto including the Historic
Preservation Foundation of Nortarolina, Inc . Protective Covenants .
9 . Boundary Agreement and Quitclaim Deed recorded in Book 4884 at Page 315 ,
10 . Easement and Agreement for Privai(eDrive Maintenance and Lighting Standards
recorded in Book 4884 at Page 328 .
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