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surface waters and urban drinking water supplies, and to restore previously degraded lands to reestablish their ability to protect water quality. E. Grantor and Grantee have agreed to set aside 5.04 acres of the Property (as described herein below and hereinafter referred to as the "Easement Area ") for the purpose of creating this Stormwater Easement to maintain and improve water quality. F. The Grantee has received or will receive a grant from the Fund identified in Grant Agreement No. GA11107, entered into between the Grantee and the Fund and effective as of October 11,2010, in consideration of which the Grantee has agreed to obtain this Stormwater Easement as part of the stormwater project described in the Grant Agreement. The Grant Agreement describes certain stormwater work to be conducted on the Easement Area that may include planting of trees, shrubs and herbaceous vegetation, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the site hydrology, and installation of natural and manmade materials as needed to direct in- stream, above ground and groundwater flow (the "Stormwater Project "). Those portions of the Grant Agreement describing the Stormwater Project are incorporated by reference as if fully set forth herein. The Grant Agreement is on file and available for public inspection in the offices of the Fund and the Grantee. G. The Grantee and the Fund have determined the water quality benefit of the Stormwater Project, and Grantor recognizes said benefit. The Parties wish to limit in perpetuity activities or acts detrimental to the stormwater facility within the Easement Area and prevent the use or development of the Easement Area for any purpose and in any manner that would conflict with the maintenance of the Stormwater Project. H. The purposes of this Stormwater Easement are to construct, operate, and maintain a stormwater unit, device, or system on the Easement Area that contributes to the protection and improvement of water quality, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the stormwater unit, device, or system in the manner it is intended to function, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. L The Parties intend that this Stormwater Easement shall be held exclusively for the purposes set forth by the Grant Agreement, this Stormwater Easement, Section 170(h)(4)(A) of the Code, the Conservation Agreements Act, and NCGS Chapter 113A, Article 18, and that it shall be construed to promote the purposes of the aforementioned documents, agreements, laws, rules, regulations, codes and ordinances. Further, the Grantee acknowledges that it will be the holder of this Stormwater Easement as that term is defined in the Conservation Agreements Act. NOW, THEREFORE, in consideration of the premises and the mutual benefits recited herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the Grantor hereby unconditionally and irrevocably gives, grants and conveys forever and in perpetuity to the Grantee, its successors and assigns, and the Grantee hereby accepts, this Stormwater CWMTF Stormwater Easement Template, rev 0 2 3/9/2010 Attachment number 1 F -8 Page 73