AG 2009 10 19 - Laserfiche WebLink

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,! i ' • ~ • ~ ~~tta5io -~~ ss i ' WHEREAS, t7rantor and Grantee 1luther trxognlsr the oot-:ervation ertd open space ' value of rho Property in Its present state, the preservation of which (~) b pwetutnt to local, state and federal goveenment policy and will provlda for scenic et~oyment of the general public and (b) wpl yield sign[Rcanl publio benefit; WHEREAS, the United States Army Corps of Engineers, Wilmington District Engineer (tha "Corps") has approved the use of the Properly to mitigato unavoidable stream and wetlands impacts detailed 1n tha Department of the Army Permit No, 199g3i)189, issuing office CESAW- • Rt3•A (the "Permit") issued to Concord Milts Limited Parinershfp, a Delaware I[m(ted partnership ("Concord Mills'ry; and . WHEREAS, Grantor, in ftrlRliment of certain of the obligations of ConcoM Mills related ' to the Permit, has agreed to grant and convey a perpetual conservation easement oust the Property, thereby restricting and limiting the use of rho Property on the terms and conditions and ' for the purposes hereinaRer sat forth; ' NOW, THEREFORE, for and in consideration of the covenants and repmsentations contained herein for other good and valuables consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionailysnd Irrevocably grants and ' conveys unto Grantee, its successors and assigns, forover and in perpetuity a Conservation Easement of tha nature and.chazacter and to the extent hereinaRer set lorth, over the Properly together with the right to preserve and protect the conservation values thereof, os follows ARTICLE !. PURPOSES The purposes of this Conservation Easement aro to preserve and protect ties Conservation values of iha Property and lire natures! character of the Property. To achiave theca purposes, the patties hereto agree to tha conditions and restrictions set fortlt hereunder. ARTICLE II. DURATION Oj? EASEMEN_T This Conservation Etuement shall ba perpatual. This Conservation P.asement is an ' easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantee's successors and resigns, lessens, agents and licensees. . ARTICLE ill. • PROHIBCTEb AND RESTpc~CTED ACTIVITIES Any aetlviry on, or uses of, the Property Inconsistent with the purpose: of thle Corsservat'son Easement and rho Plan {as defined in Paragraph VIlI.f3: hereunder) is prohibited, The Property shall bo preserved in its natwaf condition and restricted from any development that " would impair or interfere with the conservation values of the Property. 2 turxfm w: ce •~ Attachment number 1 F-~ 104