Professional Documents
Culture Documents
Agenda 2010 11-15-Airlie Easement
Agenda 2010 11-15-Airlie Easement
REGULAR
ITEM
17
SUBJECT
BRIEF SUMMARY
A Preservation Easement is a legal agreement between a government agency New Hanover County and
nonprofit organization Airlie Gardens Foundation to which the property owner limits the activities that can
take place on the property Terms of an easement are usually tailored to suit the particular piece of property
and the interests of the owner The easement is recorded into the official record or assigned to the deed for
the property and is perpetual Thus it binds future buyers of the land as well as the owner who entered into
the agreement Preservation Easements are voluntary agreements Property owners retain title to their land
they can sell it when they wish to do so and they do not give up any rights that they wish to keep but must
be included in any document put forth
Preservation Easements may carry benefits for the property owners i e the taxpayers of New Hanover
County In an area highly prized for development the rights are given up to develop the property Reduction
of the value of the property as a development also reduces any potential buyers except those who wish to
operate as a public garden or space
The goals of the easement programs are to help preserve the historic nature of the property prevent
development and preserve the heritage of the area In doing a Preservation Easement it will only enhance the
management of the grounds and preserve its activities
Approve the Preservation Easement Agreement between New Hanover County and the Airlie Gardens
Foundation Inc
e TT e ruMF1vTC
COUNTY MANAGER
S COMMENTS AND RECOMMENDATIONS only Manager
WITNESSETH
WHEREAS Grantor is in fee simple of a historic landscaped garden located in the City
owner
WHEREAS Grantor and Grantee recognize the architectural historic and cultural values
hereinafter preservation values and significance of the Property and have the common
purpose of conserving and preserving the aforesaid Property
WHEREAS the grant of apreservation easement by Grantor to Grantee on the Property will
assist in preserving and maintaining the Property and its architectural historic and cultural
features for the benefit of the people of New Hanover County
WHEREAS to that end Grantor desires to grant to Grantee and Grantee desires to accept a
PURPOSE
1 Purpose It is the Purpose of the Easement to assure that the architectural historic and
cultural features of the Property will be retained and maintained substantially in their
current or better condition for preservation purposes and to prevent any use or change of
the Property that will significantly and materially impair or interfere with the use of the
property as a public garden and all other the related activities of a historic landscape
garden
S COVENANTS
GRANTOR
1 Grantor
2 s Covenants Covenant to Maintain
a Grantor agrees at all times to maintain the buildings existing on the subject property
in the same or better structural condition and state of repair as that existing on the
effective date of this Easement Grantor
s obligation shall require maintenance
replacement repair andor reconstruction by Grantor whenever appropriate to
preserve the buildings
b Grantor
s obligation to maintain shall also require that the Property s landscaping
be maintained in goodbetter appearance with plantings vegetation and natural
screening
1 The following acts or uses are expressly forbidden on over or under the Property
a The Property shall not be divided or subdivided and the Property shall not be devised
or conveyed except as a unit
The following acts are prohibited without the prior express written approval of the Grantee
2 Review of Grantor
3 s Request for Approval
S RESERVED RIGHTS
GRANTOR
4 Grantor
s Reserved Rights Not Requiring Further Approval by Grantee
Subj ect to the above provisions the following rights uses and activities of or by Grantor on
over or under the Property are permitted by this Easement and by Grantee without further
approval by Grantee
a The right to engage in all those acts and uses that i are permitted by governmental
statute or regulation ii do not materially and substantially impair the preservation
values of the property and iii are not inconsistent with the purpose of this
Easement
b The right to erect maintain and repair buildings The right to erect maintain and
repair as used in this paragraph shall include the right to make changes in appearance
material colors and workmanship without the prior written approval of Grantee
c The right to use and enjoy the Property
s building and garden including but not
limited to the erection maintenance repair and restoration of fences the right to
construct and maintain existing driveways roads and paths with the use of same or
similar surface materials the right to erect maintain utilities lines gardening and
building walkways steps piers and water structures and garden fences the right to
plant cut remove and clear grass or other vegetation and to perform routine
maintenance landscaping horticultural activities building construction and upkeep
consistent with the purpose of this Easement
5 Written Notice
Any notice which either Grantor or Grantee may desire or be required to give to the other party
shall be in writing and shall be delivered by one of the following methods by overnight courier
postage prepaid facsimile transmission registered or certified mail with return receipt requested
or hand delivery if to Grantor then at Address and if to Grantee then to address
Each party may change its address set forth herein by a notice to such effect to the other party
6 Evidence of Compliance
Upon request by Grantor Grantee shall promptly furnish Grantor with a certification that to the
best of Grantee
s knowledge Grantor is in compliance with the obligations of this Easement or
that otherwise describes the status of this Easement to the extent of Grantee
s knowledge
7 Inspection
With appropriate prior notice to Grantor Representative of Grantee shall by permitted at all
reasonable times to inspect the Property including the interior of the Residence andor
BuildingsAncillary Structures
8 Grantee
s Remedies
Grantee may following reasonable written notice to Grantor institute suit to enjoin any
s
violation of the terms of this easement by injunction including prohibitory andor mandatory
injunctive relief Grantee shall not be entitled to any monetary damages or attorney fee
Exercise by Grantee of the injunctive relief hereunder shall have the effect of waiving or limiting
any other remedy and the failure to exercise said remedy shall have the effect of waiving or
limiting the use of any other remedy or the use of such remedy at any other time
THIS EASEMENT reflects the entire agreement of Grantor and Grantee Any prior or
simultaneous correspondence understandings agreements and representations are null and void
upon execution of this agreement unless set out in this instrument
TO HAVE AND TO HOLD the said Preservation easement unto the said Grantee and its
successors and permitted assigns forever
ATTEST
ATTEST GRANTEE
Secretary President
County certify that Sheila Schult acknowledged that she is Clerk to the Board of Commissioners
of New Hanover County and that by authority duly given and as the act of the Board the
foregoing instrument was signed in its name by its Manager sealed with its corporate seal and
attested by herself as its Clerk
My Commission Expires
Notary Public
corporation of North Carolina organized under the laws of the State of North Carolina and that
by authority duly given and as the act of the nonprofit corporation the foregoing instrument was
signed in its name by its President and attested by
himself as its Secretary
My commission expires
Notary Public