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Drawn by and after <br />recording return to: <br />Peter McLean, III <br />Kennedy Covington Lobdell & Hickman, L.L.P. <br />100 North Tryon Street, Suite 4200 <br />Charlotte, NC 28202 <br /> <br />DRAFT <br /> <br />NORTH CAROLINA <br /> <br />CABARRUS COUNTY <br /> <br /> THIS CONSERVATION EASEMENT ("Conservation Easement") made this __ day <br />of ., 1999 by and between CITY OF CONCORD, a political subdivision of the State <br />of North Carolina with an address of <br />("Grantor") and CABARRUS COUNTY, NORTH CAROLINA, a political subdivision of the <br />State of North Carolina w~ith an address of ("Grantee"). <br /> <br /> The designation Grantor and Grantee as used herein shall include said parties, their <br />successors and assigns, and shall include singular, plural, masculine, feminine or neuter as <br />required by context. <br /> <br />RECITALS <br /> <br /> WHEREAS, Grantor owns in fee simple approximately ( ) acres <br />[To be inserted after survey of affected property] of certain real property situate, lying and <br />being in City of Concord, Cabarrus County, North Carolina, and more particularly described as <br />the stream and wetland mitigation site in Exhibit A (the "Property"); <br /> <br /> WHEREAS, Grantor is a political subdivision of the State of North Carolina; is <br />authorized by the laws of the State of North Carolina to grant and convey conservation <br />easements; possesses the authority and desires to grant and convey this Conservation Easement <br />under the terms and conditions hereinafter described; <br /> <br /> WHEREAS, Grantee is a political subdivision of the State of North Carolina; is <br />authorized by the laws of the State of North Carolina to accept, hold and administer conservation <br />easements; possesses the authority to accept and is willing to accept this Conservation Easement <br />under the terms and conditions hereinafter described; <br /> <br /> WHEREAS, Grantor and Grantee recognize the conservation value of the Property in its <br />present state as a scenic, natural and rural area that has not been subject to significant <br />development and as a significant area that provides a "relatively natural habitat for fish, wildlife, <br />or plants or similar ecosystem" as that phrase is used in Section 170(h)(4)(A)(ii) of the Internal <br />Revenue Code; <br /> <br />1659265;01 <br /> LIB: CH <br /> <br /> <br />