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S Conservation Easement - ERCD - Resolution of Approval – Conservation Easement for Stillhouse Creek -03-27-2007-5i
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S Conservation Easement - ERCD - Resolution of Approval – Conservation Easement for Stillhouse Creek -03-27-2007-5i
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6/18/2009 10:55:38 AM
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BOCC
Date
3/27/2007
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Regular Meeting
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Others
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5i
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Agenda - 03-27-2007-5i
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\Board of County Commissioners\BOCC Agendas\2000's\2007\Agenda - 03-27-2007
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L. Water Quality and Drainage Patterns. There shall be no diking, draining, . <br />dredging, channeling, filling, leveling, pumping, impounding or related activities, or <br />altering or tampering with water control structures or devices, or disruption or <br />alteration of the restored, enhanced, or created drainage patterns. In addition, <br />diverting or causing or permitting the diversion of surface or underground water into, <br />within or out of the easement area by any means, removal of wetlands, polluting or <br />discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is <br />prohibited. In the event of an emergency interruption or shortage of all other water <br />sources, water from within the Easement Area may be temporarily used for good <br />cause shown as needed for the survival of livestock and agricultural production. <br />M. Subdivision. No further subdivision, partitioning, or dividing of the Easement Area <br />is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the <br />Easement Area and the rights as conveyed herein shall be as a single block of <br />property. Any future conveyance of the remaining fee simple rights in the Easement <br />Area shall be subject to this Conservation Easement. Grantor agrees for itself, its <br />successors and assigns, that in the event it transfers the Protected Properly, or any <br />portion thereof, such transfer is subject to the Grantee's right of ingress, egress, and <br />regress over and across the Protected Property to the Easement Area for the purposes <br />set forth herein. <br />N. Development Rights. Grantor hereby voluntarily grants and conveys to the Grantee <br />all development rights for the Easement Area, except as otherwise reserved and <br />provided by the terms of this Conservation Easement, that are now or hereafter • <br />inherent in the Easement Area property. The parties agree that such development <br />rights are now terminated and extinguished, and may not be used on or transferred to <br />any other property adjacent or otherwise, nor used for the purpose of calculating <br />permissible lot yield of the Easement Area property or any other property by anyone <br />or any entity, including the Grantee. <br />O. Disturbance of Natural Features. Any change, disturbance, alteration or <br />impairment of the natural features of the Easement Area or any intentional <br />introduction of non-native plants, trees and/or animal species by Grantor is <br />prohibited. <br />P. Utilities. Through, over, under and across the Easement Area, the following <br />numbered conditions shall apply: <br />1) All existing utility easements and facilities as shown and labeled variously as <br />"sanitary sewer easement," "stormwater outfall" and "maintenance corridor" on the plat <br />entitled "Conservation Easement Survey of Stillhouse Creek Restoration for the NC <br />Ecosystem Enhancement Program" dated 1/2/07 are exempt from the requirements <br />described below. <br />2) Upon written request, EEP will consider and approve any new installation, as <br />listed below, that does not negatively impact the integrity of the "Easement Area." <br />(a) Pipeline and utility line construction will be minimi~.ed to the greatest <br />extent reasonably practicable. <br />(b) All disturbed facilities; features and vegetation will be restored to their <br />original condition to the greatest extent reasonably practicable. Due to • <br />
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