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STORMWATER EASEMENT <br />(Cox Mill Stormwater System Renovation) <br />(Cox Mill Elementary School) <br />Prepared by: <br />After Recording Return to: <br />NORTH CAROLINA CABARRUS COUNTY <br />CWMTF Project No.: 2010 -703 PIN 4680 -32 -1476 <br />THIS DEED OF CONSERVATION EASEMENT FOR STORMWATER <br />PURPOSES ( "Stormwater Easement ") is made this day of November, <br />2012, by and between Cabarrus County, 65 Church Street South, Concord NC 28025 <br />( "Grantor") and Cabarrus Soil & Water Conservation District, 715 Cabarrus Avenue <br />W, Concord NC 28027 ( " Grantee "), hereinafter sometimes collectively referred to as the <br />"Parties." <br />RECITALS & PURPOSES <br />A. The Grantor is owner in fee simple of certain real property containing 5.04 <br />acres more or less, located in Cabarrus County, North Carolina, and more particularly <br />described in Exhibit by metes and bounds (hereinafter the "Property "). <br />A. The Grantee is a "qualified nonprofit organization," as defined by the <br />Internal Revenue Code of 1986 (the "Code ") or is a unit of local government and accepts <br />responsibility for enforcing the terms of this Stormwater Easement and for upholding its <br />conservation purposes forever. <br />B. The State of North Carolina (the "State ") has enacted the Uniform North <br />Carolina Conservation and Historic Preservation Agreements Act (the "Act "), Chapter <br />121, Article 4 of the North Carolina General Statutes ( "NCGS "), which provides for the <br />enforceability of restrictions, easements, covenants or conditions "appropriate for <br />retaining in land or water areas predominantly in their natural, scenic, or open condition . <br />D. The North Carolina Clean Water Management Trust Fund (the "Fund ") is <br />an independent agency of the State and is authorized by NCGS Chapter 113A, Article 18, <br />to finance projects and to acquire land and interests in land, including conservation <br />easements for riparian buffers for the purposes of providing environmental protection for <br />CWMTF Stormwater Easement Template, rev 0 1 3/9/2010 <br />Attachment number 1 <br />F -8 Page 72 <br />