HomeMy WebLinkAboutOTHER-2024-093-Warranty Deed of conservation Easement for William Bruce Richmond Doc No . 30116168
Recorded: 04/23/2025 12 :20 : 08 PM
Fee Amt: $70.00 Page 1 of 26
Excise Tax: $0. 00
Orange County North Carolina . >VAOr4 .
Mark Chilton , Register of Deeds
BK 6876 PG 2088 - 2113 (26 )
Excise Tax : None a ` 6 15 0 q LP k g
This instrument prepared by and return to : John Roberts, Orange County Attorney. ,
P.O. Box 8181 , Hillsborough, NC 27278
NORTH CAROLINA
COUNTY OF ORANGE
WARRANTY
DEED OF CONSERVATION EASEMENT
This Warranty Deed Of Conservation Easement (hereinafter " Conservation Easement") is
made the 23 `d day of April , 2025 by and between William Bruce Richmond and Phyllis Blake
Richmond, having an address at 35 Sagamore Lane, Greenville, South Carolina 29607 ,
(hereinafter "Grantors ") and 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
heirs, successors and assigns, and shall include singular, plural , masculine, feminine or neuter
pronouns as required by context .
RECITALS
A . The Grantors are the sole owners in fee simple, of certain real property (the
" Property " ) which consists of approximately 118 . 455 acres of land, located in Cheeks Township ,
Orange County, North Carolina and identified and labeled as "Tract A" on the plat of property
titled "CONSERVATION EASEMENT AND RECOMBINATION PLAT PROPERTY OF
BRUCE RICHMOND & PHYLLIS B . RICHMOND" prepared by Stephen M . Hallstrom, PLS ,
which plat is recorded at Plat Book1j.8 , Paget2J6, Orange County Registry (hereafter referred to
as the "Recorded Plat") (PINS (Parent) 9845 -24-2367 and 984543 - 1753 ) . The Property includes
access roads and other improvements, which are shown on Exhibit A , attached hereto and
incorporated herein . Grantors hereby grant and convey to Grantee the Conservation Easement
described herein over, across, and through that certain portion of the Property containing 36 .242
acres identified and labeled "CONSERVATION EASEMENT" on the Recorded Plat (the
Page 1 of 26
Book 6875
BK 6875 PG 2089 DOC# 30116168
"Easement Area") .
B . The Grantee is a body politic existing under Chapter 153A of the North Carolina
General Statutes .
C . To the extent practicable, the Grantors wish to maintain the Easement Area as a
woodland suitable as habitat for the native flora and fauna of the North Carolina Piedmont, and
to maintain the Easement Area for certain private outdoor recreation uses as more particularly
described herein, and to protect the quality of water running off from this land and into
McGowan Creek, which river also has conservation value .
The grant of this Conservation Easement will further said wish , and will serve the
following "Conservation Purposes," as such term is defined in Section 170 (h)(4) (A) of the
Code :
The Easement Area 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 Easement Area contains complex natural communities including : bottomland
hardwood forest dominated by hardwood wetland trees ; McGowan Creek, a large wetland , and
two feeder streams ; upland forest dominated by beech, oaks, hickories, and large pines ; a diverse
forested habitat for several species of birds ; and natural depressions in low- lying areas that
provide breeding sites for salamanders . It is a primary purpose of this Conservation Easement to
protect the undeveloped nature of the Easement Area and , in doing so, to support and help
protect the natural area and wildlife habitat associated with this area .
The Easement Area contains a significant segment of McGowan Creek, which the State
of North Carolina identifies as "WS - II ; HQW,NSW", defined as a High Quality Waterway and
Nutrient Sensitive Waters . McGowan Creek is a primary tributary to the Eno River, and provides
drinking water to the Town of Hillsborough, as well as downstream to the Upper Neuse
Watershed . It is a specific objective of Orange County in its 2030 Comprehensive Plan, to
minimize impact of non-point and point source pollution . Another primary purpose of this
Easement is to protect the undeveloped nature of the Easement Area and , in doing so , help to
protect the water quality associated with McGowan Creek .
The Easement Area also contributes to the open space and rural character of this section
of Cheeks Township . Portions of the easement area have been or will be developed for the
benefit of low impact recreation for the tenants of the Array development . 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 Easement Area, and its contribution to the protection of
Page 2 of 26
Book 6875
BK 6875 PG 2090 DOC# 30116168
McGowan Creek water quality, as well as the open space and rural character of Cheeks
Township are collectively referred to as the " conservation values " of the Easement Area.
The Grantor and Grantee agree that the current uses of and improvements to the
Easement Area 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 :
( 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 vicinity of the Grantors ' Property; and
(4) Article 17 of the North Carolina General Statutes NCGS 113A-24, entitled
Conservation, Farmland and Open Space Protection and Coordination, otherwise known as the
"Million Acre Initiative," which provides 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
(5) the North Carolina Land and Water Fund , North Carolina General Statute
143134 3 5 . 234 et seq . , which recognizes the importance of protecting riparian buffers in
conserving clean surface water; and
(6) Orange County is receiving a grant from the North Carolina Land and Water
Fund (NCLWF Grant No . 2024D-00) that will facilitate the acceptance of this donation to
Orange County; and
(7 ) 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
( 8) the special present use value 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 .
The natural resources and natural habitat of the Grantors ' Property, and its contribution to
Page 3 of 26
Book 6875
BK 6875 PG 2091 DOC# 30116168
the protection of the natural, open space, and rural character of northern Orange County are
collectively referred to as the "Conservation Values " of the Property.
D . The characteristics of the Property, its current use and state of improvement , are
depicted on an Orange County GIS map and sketch of the Property and other adjoining property
of Grantors, if any, prepared by Grantee for the Grantor, which is attached as Exhibit A to this
Conservation Easement and incorporated herein by reference . The Grantors worked with the
Grantee to ensure that the GIS map and sketch is a complete and accurate description of the
Property as of the date of this Conservation Easement . It will be used by the Grantors 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 GIS map and sketch is not intended to
preclude the use of other evidence to establish the present condition of the Property if there is a
controversy over its use. The Grantors and Grantee have copies of Exhibit A . The original of
Exhibit A will remain on file at the Orange County Department of Environment, Agriculture,
Parks and Recreation .
E. The Grantors 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 . § 160A=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 the Grantors and Grantee wish to avail themselves of
the provisions of those laws .
NOW, THEREFORE, the Grantors, for and consideration of the facts recited above and
of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute
and unconditional gift, hereby give, grant and convey 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 :
Except as otherwise reserved to the Grantors in this Conservation Easement, the parties
agree that all development rights appurtenant to the Easement Area are hereby released,
terminated and extinguished , and may not be used on or transferred to any portion of the
Grantors ' Property as it now or hereafter may be bounded or described , or used or transferred to
any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot
yield of the Grantors ' Property or any other property.
1 . PURPOSE . The purposes of this Conservation Easement are to ensure that the
Easement Area will be retained forever predominantly in its natural , scenic, forested , and/or open
space condition ; to protect native plants, animals, or plant communities on the Easement Area,
while allowing traditional uses on the Easement Area that are compatible with and not
destructive of the conservation values of the Easement Area such as selective timber harvesting,
Page 4 of 26
Book 6875
BK 6875 PG 2092 DOC# 30116168
grazing and farming of pastures and fields, and hunting; and to prevent any use of the Easement
Area that will impair or interfere with the conservation values or interests of the Property.
As authorized in the Uniform Conservation and Historic Preservation Act, N . C . Gen .
Stat. § 121 -34 et seq . , this Conservation Easement is perpetual ; it restricts the Grantor' s Property
in perpetuity; and it is enforceable by Grantee against the Grantors and the Grantors '
representatives, heirs, successors and assigns, lessees , agents, and licensees .
Grantors 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
Grantors to take any action to restore the condition of the Easement Area after any act of God or
other event over which Grantors had no control . Grantors understand that nothing in this
Conservation Easement relieves them of any obligation or restriction on the use of the Easement
imposed by law.
2 . PROPERTY USES . Any activity on, or use of, the Easement Area inconsistent
with the purposes of this Conservation Easement is prohibited . The Easement Area shall be
maintained in its natural , scenic and open condition and restricted from any development that
would impair or interfere with the conservation values of the Easement Area. 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. Grantors and Grantee have determined that
the allowed activities do not impair the conservation values of the Easement Area. Additional
retained rights of Grantors are set forth in Paragraph 3 below .
2 . 1 Conveyance and Subdivision . The Easement Area consists of 36 .242
acres contiguous areas of the Property. The Easement Area shall not be further divided,
subdivided, or partitioned . No property interest in the Easement Area, including, but not limited
to the fee simple interest, shall be further divided, subdivided, or partitioned. Without limiting
the foregoing, the individual areas included in the Easement Area shall not be conveyed except
all together in undivided ownership and in their current configuration.
2 . 2 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 pursuant to a transfer of development rights scheme, a cluster development
arrangement, or otherwise.
2 . 3 Mitigation. There shall be no use of the Easement Area or any portion
thereof to satisfy compensatory mitigation requirements under 33 USC Section 1344, N . C . G . S .
§ 143 -214 . 11 or any successor or replacement provision of the foregoing.
2A Construction . Grantors shall have the right to construct and maintain a
dock, boardwalk, and picnic shelter within the Easement Area. Grantors may construct
Page 5 of 26
Book 6875
BK 6875 PG 2093 DOC# 30116168
driveways , utilities and a well to serve the picnic shelter. The new construction shall be sited so
as to cause minimal disturbance to the conservation values of the Easement Area . The location
and design of the new construction shall be subject to the approval of the Grantee; Grantee
agrees that if the location and design of the new building meets the above standards its approval
shall not be unreasonable withheld . No other structures may be placed or constructed on the
Easement Area . Furthermore, there shall be no constructing or placing of any recreational court ,
airplane landing strip, billboard or other advertising display, utility pole (other than those
necessary to service the Easement Area's improvements), utility tower, conduit or line on or
above the Easement Area . Outdoor lighting shall be placed and shielded so as to minimize the
impact on surrounding areas .
2 . 5 Existing Improvements . Grantors shall have the right to maintain,
remodel , and repair existing structures, water tanks, water wells, fences, utilities, and other
improvements within the Easement Area, and in the event of 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 .
2 . 6 Agricultural Use. Grantors shall have the right to ( 1 ) breed , raise, and
pasture livestock in existing fields in the Easement Area, (ii ) to breed and raise bees, fish, poultry
and other fowl in existing facilities on the Easement Area, and(iii) to plant, raise and harvest
crops in existing fields in the Easement Area. Grantors may not establish or maintain any
commercial feeder operation on the Easement Area, which is defined for the purpose of this
easement as an intensive animal raising operation that takes place within a building and none of
the feed is produced on the tract, and the processing is fully or partly automated . All agricultural
uses must maintain a minimum stream buffer distance of 50 feet from the top bank of all streams .
E
2 . 7 Timber Harvest. Grantors shall have the right to harvest timber from the
Easement Area pursuant to a Forest Management Plan, to be updated at least every 10 years , that '
is prepared by a registered professional forester and reviewed by Grantee and that is designed to
insure the maintenance of good quality, native growing stock of timber, while protecting soil
stability, water quality and other conservation values of the Easement Area, including without
limitation, riparian and wildlife habitat and scenic values .
All timbering activities shall be conducted only in accordance with Best Management Practices
guidelines for timber harvest and management as the same may be promulgated by law or
regulation in the state of North Carolina and as adopted by the North Carolina organization of
professional foresters, as amended from time4o-time and provided further that all such activities
shall be either specifically approved by the Grantee or shall be in accordance with a Forest
Management Plan which shall be in writing and approved by both Grantors and Grantee, and
provided further that all timber roads shall be constructed of permeable materials and shall be no
wider than twelve ( 12) feet. All forestry uses and timber practices must maintain a minimum
stream buffer distance of 50 feet from the top bank of all streams
Page 6 of 26
Book 6875
BK 6875 PG 2094 DOC# 30116168
2 . 8 Grazing. Grantors shall not graze or pasture domestic animals on any
portion of the Easement Area for commercial purposes . This shall not prevent the grazing or
pasturing of animals for Grantors' or their guests recreation, or used in connection with activities
expressly allowed on the Easement Area.
2 . 9 Home Business . No commercial or industrial enterprise, other than a small
home-based business or enterprise conducted by and in the home of a person residing on the
Easement Area and consistent with the conservation values and interests of the Property, is
allowed . Any such commercial or industrial use of the Grantors ' Easement Area must be
authorized by Orange County zoning regulations and be consistent with permits required by and
issued by Orange County under its laws and ordinances for such land uses .
2 . 10 Recreational Use. Consistent with the purpose of and the limitations
contained in this Conservation Easement, Grantors shall have the right to engage in and permit
others, whether or not for consideration, to engage in recreational uses of the Easement Area,
including, but not limited to, hiking, camping, picnicking, horseback riding, non-motorized
bicycling, lawful hunting and fishing, and other recreational uses that require no buildings,
facilities, surface alteration or other development of the land 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 . Pursuit of wildlife by any form of motorized transportation is not
allowed . Grantors reserve the right to promulgate and enforce reasonable rules and regulations
for all activities incident to recreational use of the Easement Area, including but not limited to
the right to prohibit any recreational use that would permit destruction of other significant
conservation value of the Easement Area.
2 . 11 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
construction of the improvements allowed above, (b) the maintenance of roads, hiking,
horseback and non-motorized vehicle trails permitted hereunder, and (c) the combating erosion
or flooding.
2 . 12 Destruction of Plants . Grantors shall have the right to cut and remove (a)
diseased trees, shrubs, or other plants ; b) non-native or invasive trees, shrubs, or other plants ; and
(c) to cut firebreaks . Grantors 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 . Except for use around improvements or in gardens there shall be no planting of
non -native trees, shrubs , or other plants in the Easement Area . 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.
Page 7 of 26
Book 6875
BK 6875 PG 2095 DOC# 30116168
2 . 13 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 in the Easement Area 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
Easement Area. Other than the construction of a well to serve allowed improvements there shall
be no alteration, depletion or extraction of surface water, natural water courses, lakes, ponds,
marshes, subsurface water or any other water bodies in the Easement Area. Diking, draining,
filling or removal of wetlands is prohibited .
2 . 14 Natural Resource Restoration and Enhancement Activities . Grantor may
engage or contract others to engage in any activity designed to repair, restore, or otherwise
enhance the natural resources 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 property and approved in advance by the Grantee.
2 . 15 Signage. No signs or billboards or other advertising displays are allowed
on the Easement Area except as follows : signs authorized by Orange County zoning regulations
whose placement, number and design do not significantly diminish the scenic character of the
Easement Area may be displayed to identify trails and the conservation values of the Easement
Area, to identify the name and address of the Property and the names of persons living on the
Property, to give directions, to advertise or regulate permitted uses on the Easement Area and
proscribe rules and regulations for recreational use of the protected Easement Area, to advertise
the Property for sale or rent, and to post the Property against trespassers .
2 . 16 No Biocides . There shall be no use of pesticides or biocides , including but f
not limited to insecticides, fungicides, rodenticides, and herbicides, except as approved by
Grantee to control invasive species detrimental to the conservation values of the Easement Area.
2 . 17 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 Easement Area (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 spoils, nor shall
activities be conducted on the Easement Area or on adjacent property owned by Grantors, that
could cause erosion or siltation on the Easement Area,
2 . 18 Predator Control . Grantors shall have the right to control, destroy, or trap
predatory and problem animals that pose a material threat to livestock and/or humans by means
and methods approved by the Grantee. The method employed shall be selective and specific to
individuals, rather than broadcast, nonselective techniques .
2 . 19 Commercial Development . Any commercial or industrial use of or
activity within the Easement Area is prohibited . This restriction on use shall not be construed to
Page 8 of 26
Book 6875
BK 6875 PG 2096 DOC# 30116168
prohibit use of the Easement Area for recreational , educational and scientific purposes, as long as
such activities are otherwise consistent with this Conservation Easement.
2 . 20 Extinguishment of Development Rights . Except as otherwise reserved to
the Grantors in this Conservation Easement, the parties agree that all development rights
appurtenant to the Easement Area are hereby released, terminated and extinguished, and may not
be used on or transferred to any portion of the Grantors ' Easement Area as it now or hereafter
may be bounded or described, or used or transferred to any other property adjacent or otherwise,
nor used for the purpose of calculating permissible lot yield of the Grantor' s Property or any
other property.
3 . ADDITIONAL RIGHTS RETAINED BY GRANTORS . Grantors retain 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, Grantors shall notify Grantee in writing to allow Grantee a reasonable opportunity to
determine whether such change would violate the terms of this Conservation Easement.
(b) Transfer. The right to sell , give, mortgage, lease, or otherwise convey the
Property subject to the terms of this Conservation Easement,
4 . GRANTEE ' S RIGHTS . To accomplish the purpose of this Conservation
Easement, the following rights are granted 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 & Access . Grantors hereby grant and convey to Grantee, its
employees, representatives, and agents and its successors and assigns, the
perpetual right and easement of pedestrian and vehicular access, for ingress, and
regress, to and from Richmond Road across and through the Property to the
Easement Area, and to enter and traverse the Property at reasonable times after
providing prior notice to Grantors, for the purposes o£ (a) inspecting the Property
and the Easement Area to determine whether the Grantors, their representatives,
assigns, heirs and successors are complying with the covenants and purposes of
this Conservation Easement; (b) accessing the Easement Area from a public right-
of-way, and (b) monitoring and research as described below.
(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 Grantors . Grantors
Page 9 of 26
Book 6875
BK 6875 PG 2097 DOC# 30116168
agree that all monitoring activity, inventory and assessment work or other natural
resource research conducted by the Grantors or at Grantors ' direction or with
Grantors ' permission shall be reported to the 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 Easement Area. Grantee
will consult with Grantors prior to implementing control activities .
5 . RESPONSIBILITIES OF GRANTORS AND GRANTEE NOT AFFECTED .
Other than as specified herein, this Conservation Easement is not intended to impose any legal
or other responsibility on the Grantors, or in any way to affect any existing obligation of the
Grantors as owners of the Property . Among other things , this shall apply to :
( a) Taxes - The Grantors shall be solely responsible for payment of all taxes and
assessments levied against the Property .
(b) Upkeep and Maintenance - The Grantee shall have no obligation for the upkeep or
maintenance of the Property . The granting of this Conservation Easement shall
not in and of itself be construed to create or impose upon the Grantors any
obligation for the upkeep or maintenance of the Property except to the extent I
elsewhere required by this Conservation Easement ,
6 . ACCESS . No right of access by the general public to any portion of the
Easement Area is conveyed by this Conservation Easement . However, the public has the right to
view the Property from adjacent publicly accessible areas such as public roads and waterways .
E
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 Grantors '
prior verbal consent, the Grantee shall have the right to enter the Grantors '
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 Grantors 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 Grantors to restore the Grantor ' s Property to its
Page 10 of 26
i
i
I
i
Book 6875
E
BK 6875 PG 2098 DOC# 30116168
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 Grantors 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) Third Party Right of Enforcement. In the event that the Grantee fails to enforce
any terms in this Conservation Easement, the State of 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 waiver by the State of such right in general or with respect to a specific
violation of any of the terms of this Conservation Easement . Grantors grant the
State, and its agents, employees , and representatives the right of entry and access
to the Property for the purposes of inspecting the Easement Area and carrying out
its third party rights of enforcement set forth herein.
(c) Grantee shall not bring any action against Grantors for any injury or change to
the Property caused by third parties, or resulting from causes beyond the
Grantors ' control , including, without limitation, fire, flood, storm and naturally
caused earth movement, or from any prudent action taken in good faith by the
Grantors 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. Grantee has 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 M34 et seq . ,
provided the agency or organization expressly agrees to assume the responsibility imposed on
Grantee by this Deed . If Grantee ever ceases to exist or no longer qualify 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 having similar purposes that agrees
to assume the responsibility imposed by this Conservation Easement .
9 . TRANSFER OF THE PROPERTY . Grantors shall notify Grantee, in writing, at
least thirty (30) days prior to any conveyance by Grantors of the Property or any interest in the
Property, and the document of conveyance shall expressly refer to this Conservation Easement
Page 11 of 26
Book 6875
BK 6875 PG 2099 DOC# 30116168
and, by its terms, the 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 Grantors 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 . The Grantor and Grantee have no right or power to agree to any amendment that would
affect the enforceability of this Conservation Easement .
11 . TERMINATION OF EASEMENT . If it is determined by a court with
jurisdiction that conditions on or surrounding the Property have changed so much that it is
impossible to fulfill the conservation purposes set forth above, a court with jurisdiction may, at
the joint request of both the Grantors and Grantee, terminate this Conservation Easement.
If condemnation of a part of the Property or of the entire Property by public authority
renders it impossible to fulfill any of these conservation purposes, the Conservation Easement
may be terminated by a court with jurisdiction.
At the time of the conveyance of the Conservation Easement to the Grantee, this
Conservation Easement gives rise to a real Property right, immediately vested in the Grantee. 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 Grantee shall be entitled to a percentage of the
gross sale proceeds or condemnation award (minus any amount attributed to new improvements
made after the date of the conveyance, which amount shall be reserved to the Grantors), equal to
the ratio of the appraised value of this easement to the unrestricted fair market value of the
Property, as these values are determined on the date of this Conservation Easement. The Grantee
shall use the proceeds consistently with the conservation purposes of this Conservation
Easement, i
s
I
12 . PROCEDURE IN THE EVENT OF CONDEMNATION OR EMINENT
DOMAIN . Grantors 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 Grantors '
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 Grantors ' 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 .
If condemnation or a taking by eminent domain of a part of the Grantors ' 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
Page 12 of 26
i
i
Ep�
S
Book 6875
ki
I
BK 6875 PG 2100 DOC# 30116168
Easement may be terminated or modified accordingly through condemnation proceedings.
Grantors 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 Grantor' s Property is sold
or taken for public use, then, as required by Section 1 . 1 70A- I 4(g)(6) of the IRS regulations, the
Grantee shall be entitled to the proportionate value of the Conservation Easement .
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. INDEMNIFICATION AND INSURANCE . Grantors agree to indemnify and
hold Grantees 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 its
agents, in which case liability shall be as provided by law. In addition, Grantors agree 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 damages and warrant that Grantee is and will remain a named insured on
Grantors ' Property insurance policies covering the Property . Grantors 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.
15 . TITLE . The Grantors warrant that they hold fee simple title to the Property, free
from all encumbrances , except for those exceptions deemed by the Grantee as acceptable and set
further in Exhibit C to this Conservation Easement, and hereby promise to defend the same
against all claims that may be made against it.
16 . NOTICES . Any notices required by this Conservation Easement shall be in
writing and shall be personally delivered or sent by first class mail , to Grantors and Grantee,
respectively, at the following addresses, unless a party has been notified by the other of a change
of address .
To Grantors : To the Grantee .
Page 13 of 26
Book 6875
BK 6875 PG 2101 DOC# 30116168
William Bruce Richmond & Orange County Department of Environment,
Phyllis Blake Richmond Agriculture, Parks and Recreation
35 Sagamore Lane Orange County, North Carolina
Greenville, South Carolina 29607 P . O . Box 8181
Hillsborough, NC 27278
IT ENVIRONMENTAL CONDITION . The Grantors warrants that they have no
actual knowledge of a release or threatened release of hazardous substances or wastes on the
Property.
18 . SEVERABILITY . If any provision of this Conservation Easement is found to be
invalid, the remaining provisions shall not be altered thereby .
19 . PARTIES . Every provision of this Conservation Easement that applies to the
Grantors or Grantee shall also apply to their respective heirs , executors , administrators, assigns , E
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 .
s
20. 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 .
21 . MERGER . The parties agree that the terms of this Conservation Easement shall
survive any merger of the fee and easement interest in the Property.
22 . SUBSEQUENT LIENS ON THE PROPERTY . No provisions of this
Conservation Easement should be construed as impairing the ability of Grantors 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,
23 . EXHIBITS AND DOCUMENTATION .
( a) Documentation Report . The parties acknowledge that the Baseline
Documentation Report dated F n , 5r Lot.< a copy of which is on file at the offices of the
Grantee, accurately establishes the usJs, structures , conservation values and condition of the
protected Property as of the date hereof. See summary attached as Exhibit B .
24 . 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,
Page 14 of 26 I
I
Book 6875 I
i
BK 6875 PG 2102 DOC# 30116168
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.
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
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.
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, including reasonable attorneys' fees, which shall include fees on appeal .
TO HAVE AND TO HOLD , this grant and conveyance of Warranty Deed of
Conservation Easement unto the said Grantee forever.
[SIGNATURE PAGE FOLLOWS ]
Page 15 of 26
Book 6875
BK 6875 PG 2103 DOC# 30116168
IN WITNESS WHEREOF , the Grantors and Grantee, intending to legally bind
themselves , have set their hands on the date first written above .
GRANTORS : f
SEAL)
William Bruce Richmond
r
r Ph is Blake Richmond
Accepted :
GRANTEE :
i
ORANGE COUNTY, NORTH CAROLINA j
By : 2W�7&
J ezetta Idedford, Ch
Orange County Board of Commissioners
A ST :
Laura Jense erk to the
Board of Co issioners
t
i
i
1
Page 16 of 26
i
Book 6875
BK 6875 PG 2104 DOC# 30116168
Acknowledgments
NORTH CAROLINA
COUNTY OF ORANGE
I , 1gfn as , a Notary Public of Orange County, North Carolina do hereby
certify that Willis Bruce chmond and wife Phyllis Blake Richmond personally appeared
before me and acknowledged the due execution of the foregoing instrument .
Witness my hand and notarial seal this the 2ydday of Apo 1 , 20BO
%MM1u111i,
V E Lq %i,, Notary Publ 0�
My commission expires : ,�`���`�
' 2 - U _ ' ^ Notary Public
Z W Orange _
w County
.L P
NORTH CAROLINA CA
COUNTY iCgRt���
COUNTY OF ORANGE
11 ov ra M A� , 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 notarial seal this the day of . h1k1 _, 2015 .
Notary Public
My commission expires : '``,, , , nu � r, �,���
I U 2 u21 `�� ,o PRA Mq j, #00
NOTARY
PUBLIC
Page 17 of 26 ��'�'�q • •• • • • •• '
VCE C,Ov"`,`
Book 6875
BK 6875 PG 2105 DOC# 30116168
EXHIBIT A . GIS MAP AND SKETCH OF PROPERTY
EXHIBIT B . SUMMARY OF THE BASELINE DOCUMENTATION REPORT
EXHIBIT C . PERMITTED EXCEPTIONS
1
I
E
i
i
I
i
I
1
1
I
I
{
P
Page 18 of 26
3
Book 6875
BK 6875 PG 2106 DOC# 30116168
Exhibit A- William and Phyllis Richmond Conservation Easement
�n�iM ; g
8ZOZZ >n
v v � s3
Z.
c z
Tract kdonealion: a rvb M as 40 t,Imr.w
Legend ; 8 � n m
Landowner. VM��Bruce OMANGE COUNTY Roads � S r" `> �
Lat 36. 0579' 0�ft Easement Boundary ° 3
Loner J 79' 11_V" Lwi/w s v LZi > mo
Dale: 1?H9MM
knage: MI Aerial Photo Q Tract Boundary z Zo $, g c
Crealed W3 Chnslun Mani Streams �" C A �C
Aars: 114 Total DepartmentoJ Environment,
Cons"v3don Easement 361 Tau Parcels 3
(WO feet titlll'er Access Agriculture, Parks Recreation
THIS MAP IS BEING USED FOR ILLUSTRATIVE PURPOSES ONLY. THIS MAP IS NOT A CERTIFIED
SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE
WITH APPLICABLE LAND DEVELOPMENT REGULATIONS. N. C. G.S. SECTION 47-30(n).
Page 19 of 26
Book 6875
BK 6875 PG 2107 DOC# 30116168
EXHIBIT B
SUMMARY OF THE BASELINE DOCUMENTATION REPORT
Acknowledgement of Baseline Document Report
for a
Orange County Conservation Easement
The undersigned, being the grantors of a conservation easement granted to Orange County
("Grantee") with respect to 36. 242 acres, a portion of the tax parcel with Orange County Parcel
Identification Numbers (PINS) [9845131753) and 198452423671 ( Parent ), located at 1000 Block of
Richmond Road, Mebane, NC 27302 in Cheeks Township of Orange County, North Carolina ( "the
Easement Area"), hereby certified to the Grantee that the accompanying baseline documentation
report which includes the "relevant documents" listed below and is dated U 2025, is
an accurate representation of the Easement Area and its condition on the date her f and on the
date on which the conservation easement was executed. The undersigned agree that the conditions
documented in this baseline documentation report do not necessarily represent all aspects of the
Property to which the terms of the conservation easement relate and that in providing this
easement documentation, the Grantees in no way waive any rights, either at law or in equity, to
enforce the provisions of the conservation easement.
Executed underseas this day of , 2025 .
Grantor: William Bruce Richmond
Phyllis lake Richmond
i
i
Acknowledged by:
i
I
Orange County, North Carolina
By :
David Stancil
Department of Environment, Agriculture, Park and Recreation Director
Page 20 of 26
I
3
Book 6875
BK 6875 PG 2108 DOC# 30116168
VII . CONSERVATION EASEMENT SUMMARY : Orange County
Easement Holder: Orange County
Department of Environment, Agriculture, Parks , and Recreation
PO Box 8181
Hillsborough, NC 27278
Easement Stewards/Monitors ; Orange county Dept. of
Environment, Agriculture, Parks and Recreation ( DEAPR)
Contacts . Christian Hirni, Land Conservation Manager
Orange County DEAPR
919-245- 2514
Total Acreage under Easement: 36 . 242 acres
Deed Book/ Page for Easement : BookV� age 20vb
Plat Book/Page for Survey : Book IM Page 1 $5
Conservation Values : The subject property has important conservation values that will be
protected in part by the permanent conservation easement :
• to preserve, enhance, restore, and maintain the complex natural communities including.
bottomland hardwood forest dominated by hardwood wetland trees ; McGowan Creek, a
large wetland , and two feeder streams, upland forest dominated by beech, oaks,
hickories, and large pines, a diverse forested habitat for several species of birds ; and
natural depressions in low- lying areas that provide breeding sites for salamanders. It is a
primary purpose of this Conservation Easement to protect the undeveloped nature of the
Easement Area and , in doing so, to support and help protect the natural area and wildlife
habitat associated with this area .
• to preserve and maintain the natural features and resources of the riparian buffer, a
significant segment of McGowan Creek, which the State of North Carolina identifies as
"WS- II ; HQW, NSW" , defined as a High Quality Waterway and Nutrient Sensitive Waters .
McGowan Creek is a primary tributary to the Eno River, and provides drinking water to the
Town of Hillsborough , as well as downstream to the Upper Neuse Watershed .
• to protect and preserve the open space and rural character of this section of Cheeks
Township , Portions of the easement area have been or will be developed for the benefit
of low impact recreation for the tenants of the Array development . It is a further purpose
of this Conservation Easement to help to protect the rural character and open space of
Cheeks Township .
The combination of natural resources , as well as the other fish and wildlife conservation, open space
values, and scenic values recognized by the Grantor and Grantee, are collectively referred to as the
"Conservation Values" of the Easement Area .
Page 21 of 26
Book 6875
BK 6875 PG 2109 DOC# 30116168
Summary of Rights and Responsibilities Retained by Grantors : As part of the Conservation
Easement, the Grantors have retained the following rights and responsibilities for themselves and all
succeeding owners , See Appendix Fd for the full text of the Deed of Conservation Easement ,
Conveyance and Subdivision . The Easement Area consists of 36. 5 acres contiguous areas of the
Property. The Easement Area shall not be further divided, subdivided, or partitioned . No property
interest in the Easement Area, including, but not limited to the fee simple interest, shall be further
divided, subdivided, odpartitioned _ Without limiting the foregoing, the individual areas included in the
Easement Area shall not be conveyed except all together in undivided ownership and in their current
configuration .
Open Space and Development Rights, The Easement Area shall not be used to satisfy open space or
density requirements of any cluster or otter development scheme or plan . The development rights
encumbered by this Conservation Easement shall not be transferred to any other land pursuant to a
transfer of development rights scheme, a cluster development arrangement, or otherwise
Construction. Grantors shall have the right to construct and maintain a dock, boardwalk, and picnic
shelter within the Easement Area . Grantors may construct driveways, utilities and a well to serve the
picnic shelter. The new construction shall be sited so as to cause minimal disturbance to the
conservation values of the Easement Area . The location and design of the new construction shall be
subject to the approval of the Grantee ; Grantee agrees that if the location and design of the new
building meets the above standards its approval shall not be unreasonable withheld . No other
structures may be placed or constructed on the Easement Area . Furthermore, there shall be no
constructing or placing of any recreational court, airplane landing strip, billboard or other advertising
display, utility pole ( other than those necessary to service the Easement Area 's improvements), utility
tower, conduit or line on or above the Easement Area . Outdoor lighting shall be placed and shielded 4
so as to minimize the impact on surrounding areas
i
- Existing Improvements . Grantors shall have the right to maintain, remodel, and repair existing �
structures , water tanks, water wells, fences, utilities, and other improvements, and in the event of
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 .
i
Agricultural Use. Grantors shall have the right to i) breed, raise, and pasture livestock in existing fields
in the Easement Area, ii ) to breed and raise bees, fish, poultry and other fowl in existing facilities on
the Easement Area, and III) to plant, raise and harvest crops in existing fields in the Easement Area .
Grantors may not establish or maintain any commercial feeder operation on the Easement Area, which
is defined for the purpose of this easement as an Intensive animal raising operation that takes place
within a building and none of the feed Is produced on the tract, and the processing is fully or partly
automated .
Timber Harvest. Grantors shall have the right to harvest timber from the Easement Area pursuant to a
Forest Management Plan, to be updated at least every 10 years, that is prepared by a registered
Page 22 of 26
3
i
Book 6875
BK 6875 PG 2110 DOC# 30116168
professional forester and reviewed by Grantee and that is designed to insure the maintenance of good
quality, native growing stock of timber, while protecting soil stability, water quality and other
conservation values of the Easement Area, including without limitation , riparian and wildlife habitat
and scenic values .
All timbering activities shall be conducted only in accordance with Best Management Practices
guidelines for timber harvest and management as the same may be promulgated by law or
regulation in the state of North Carolina and as adopted by the North Carolina organization of
professional foresters, as amended from time to time and provided further that all such
activities shall be either specifically approved by the Grantee or shall be in accordance with a
Forest Management Plan which shall be in writing and approved by both Grantors and
Grantee, and provided further that all timber roads shall be constructed of permeable
materials and shall be no wider than twelve ( 12) feet.
Grazing . Grantors shall not graze or pasture domestic animals on any portion of the Easement Area for
commercial purposes . This shall not prevent the grazing or pasturing of animals for Grantors' or their
guests recreation, or used in connection with activities expressly allowed on the Property.
Home Business. No commercial or industrial enterprise, other than a small home-based business or
enterprise conducted by and in the home of a person residing on the Easement Area and consistent
with the conservation values and interests of the Property, is allowed . Any such commercial or
industrial use of the Grantors' Easement Area must be authorized by Orange County zoning
regulations and be consistent with permits required by and issued by Orange County under its laws
and ordinances for such land uses .
Recreational Use. Consistent with the purpose of and the limitations contained in this Conservation
Easement, Grantors 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,
camping, picnicking, horseback riding, non motorized bicycling, lawful hunting and fishing, and other
recreational uses that require no buildings, facilities, surface alteration or other development of the
land 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 . Pursuit of wildlife by any form of
motorized transportation is not allowed . Grantors reserve the right to promulgate and enforce
reasonable rules and regulations for all activities incident to recreational use of the Easement Area,
including but not limited to the right to prohibit any recreational use that would permit destruction of
other significant conservation value of the Easement Area.
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 construction of the improvements allowed above, b)
the maintenance of roads, hiking, horseback and non -motorized vehicle trails permitted hereunder,
and c) the combating erosion or flooding.
Destruction of Plants. Grantors shall have the right to cut and remove a ) diseased trees, shrubs, or
other plants; b) non -nature or invasive trees, shrubs, or other plants ; and c ) to cut firebreaks . Grantors E
a age XW ✓ vi A.v
Book 6875
BK 6875 PG 2111 DOC# 30116168
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 . Except for use around
improvements or in gardens there shall be no planting of non native trees, shrubs, or other plants in
the Easement Area . 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.
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 in the Easement Area that would be detrimental to water purity or, except as specified
herein, that could after the natural water level or flow in or over the Easement Area . Other than the
construction of a well to serve allowed improvements there shall be no alteration, depletion or
extraction of surface water, natural water courses, lakes, ponds, marshes, subsurface water or any
other water bodies in the Easement Area . Diking, draining, filling or removal of wetlands is prohibited .
Natural Resource Restoration and Enhancement Activities. Grantor may engage or contract others to
engage in any activity designed to repair, restore, or otherwise enhance the natural resources found or
I
once present on the Easement Area, such as the restoration of the riparian forest corridors, so tong as �
such activities are consistent with the Conservation Values of this Conservation Easement and
consistent with a management plan prepared for this property and approved in advance by the
Grantee. E
I
i
Signage. No signs or billboards or other advertising displays are allowed on the Easement Area except
as follows: signs authorized by orange County zoning regulations whose placement, number and
design do not significantly diminish the scenic character of the Easement Area may be displayed to
identify trails and the conservation values of the Easement Area, to identify the name and address of
the Property and the names of persons living on the Property, to give directions, to advertise or
regulate permitted uses on the Easement Area and proscribe rules and regulations for recreational use
of the protected Easement Area , to advertise the Property for sale or rent, and to post the Property
against trespassers . #
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 Easement Area ,
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 3
Easement Area ( 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 spoils, nor shall activities be conducted on the Easement Area or on adjacent property
owned by Grantors, that could cause erosion or siltation on the Easement Area ,
Predator Control. Grantors shall have the right to control, destroy, or trap predatory and problem
animals that pose a material threat to livestock and/or humans by means and methods approved by
X
Page 24 of 26
i
I
I
Book 6875
s
i
BK 6875 PG 2112 DOC# 30116168
the Grantee . The method employed shall be selective and specific to individuals, rather than
broadcast, nonselective techniques.
Commercial Development. Any commercial or industrial use of or activity within the Easement Area is
prohibited . This restriction on use shall not be construed to prohibit use of the Easement Area for
recreational, educational and scientific purposes, as long as such activities are otherwise consistent
with this Conservation Easement.
Extinguishment of Development Rights. Except as otherwise reserved to the Grantors in this
Conservation Easement, the parties agree that all development rights appurtenant to the Easement
Area are hereby released, terminated and extinguished, and may not be used on or transferred to any
portion of the Grantors' Easement Area as it now or hereafter may be bounded or described , or used
or transferred to any other property adjacent or otherwise, nor used for the purpose of calculating
permissible lot yield of the Grantor's Property or any other property .
Additional provisions of the conservation easement are provided in Appendix C.
Page 25 of 26
Book 6875
BK 6875 PG 2113 DOC# 30116168
EXHIBIT C
PERMITTED EXCEPTIONS
Parent Parcel having Orange County PIN 9845 - 13 - 1753
1 . Matters as shown on
a . Plat Book 5 , Page 33 ;
b . Plat Book 67 , Page 295 ;
c. Plat Book 81 , Page 46 ; and
d . Plat Book 100, Page 191 , Orange County Registry .
2 . Easement to American Telephone and Telegraph Company of North Carolina recorded in
Book 87, Page 371 , Orange County Registry ,
3 . Easement to The University of North Carolina recorded in Book 124, Page 328 , Orange
County Registry .
4 . Right of Way to the State Highway Commission recorded in Book 177 , Page 348 , Orange
County Registry,
5 . Rights of Way to The Department of Transportation recorded in Book 847 , Pages 13 &
149 , Orange County Registry ,
6 . Subject to the right of way of Richmond Road .
7 . Subject to any rights of others in and to a private access road to the property of Ruby F .
Hunt (formally Elkins Motor Company) which may lie on the above described property.
Parent Parcel having Orange County PIN 9845 -24-2367
1 . Easement to Piedmont Electric Membership Corporation recorded in Book 260, Page
1216 , Orange County Registry .
s
Page 26 of 26
3
i
3
Book 6875