AG 2009 10 19 - Laserfiche WebLink

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C• toar25i0 tMtf 61 a• Consetyotion Purnosa. I. Grantor, for itself, its successors and assigns, declares that this Conservation Easement is established exclusively for conservation purposes, as defined in Z6 U.S.C. Section 170(hx4)(a). 2. Grantor declares that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and written approval of the Corps. C. This Conservation Easement shall be canstrued to promote the purposes of the North Carolina enabling statute sat Conh in N.C.O.S. § 121-34 et seq., which autharixes the creation of conservation casements Cor purposes including the conservation purposes of this Conservation Easement, including such purposes as are detincd in 26 U.S.C. Section 170(h)(4)(A). b. Recordine. Grantor shall record this instrument and any amendment hereto in t(mely fashion in the Registry of Cabartus County, North Carolina and may rc-record it at any time as may be required to preserve its right under this Conservation Easement. E. Na~ardous Waste, The Grantor covenants and represents chat, to the best of Grantor's knowledge, no hazardous substance or hazardous or toxic waste exists nor has been generated, treated, stored, uud, disposed of, or deposited In or on the Property. P. res. Any notices given under this Conservation Easement shall be in writing and shall be delivered by depositing soma in the U.S. Moil, certified, return receipt requested, postage prepaid and addressed to she parties az set forth above, and to the Corps at the Wilmington D[striet or to such other addresses any such party may establish 'sn writing to the others, pursuant to this notice provision. G. end n Grantor, its successors and assigns, is free to amend this Conservation Easement in writing to meat changing conditions, provided that no amendment will be allowed that is Inconsistent with the purposes of this Conurvation Easement and that has not been approved by both Grantee and the Corps. Such amendment(s) shall bo effective upon rceording in the Registry of Cabarrus County, Nonh Cazolina. H. Severability. Should any provision of this Conservation Easement be declared by any tribunal of competent jurisdiction to ba illegal, invalid or unenforceable, the legality, validity and enforceability of Iho remaining parts, terms or provisions shall not be affected thereby, and said illegal, unenforceable, or invalid part, term, or provision tthall bo deemed not to be a port of thief Cortservatlon Easement, !. Goyernina I.aw, This Conservation Easement shall be governed by turd construed >n accordanee with the laws of the State of Nonh Carolina. u»xs.er ta:c» G~ Attachment number 1 F-~ 109