Orange County NC Website
Latta Conservation Easement Draft #3 (March 12, 2007) ~~ <br />Grantors retain the right to farm, or to permit others to farm the Property, consistent with <br />the conservation values of the Property and in accordance with applicable local, state and federal . <br />laws and regulations. <br />Subject to the terms of this Agricultural Conservation Easement, farming, grazing, <br />horticultural and animal husbandry operations are permitted only if conducted consistent with <br />Best Management Practices promulgated by the State of North Carolina and in conformity with a <br />Conservation Plan as required in Paragraph 9 of this Conservation Easement. <br />Cattle and other livestock are allowed to exist and to graze on the Property, except within <br />a 60-foot stream buffer, 30 feet on either side of the stream as measured from the center of the <br />stream to the top of bank and perpendicular to the stream -the location of which is identified <br />and marked on Exhibit B, attached hereto and incorporated herein. Exhibit B is a copy of a GIS <br />rendering of the Property, the original of which will be maintained with the Baseline Report at <br />the office of the Orange County Environment and Resource Conservation Department. <br />5. Right to Privacy <br />Grantors retain the right to privacy and the right to exclude any member of the public <br />from trespassing on the Property. This Conservation Easement does not create any rights of the <br />public in, on or to the Property. <br />6. Right to Use the Property for Customary Rural Enterprises • <br />Grantors retain the right to use the portion of the Property within the "Farmstead Area" <br />(which contains approximately two and one-half acres) as identified on Exhibit B, and more <br />particularly described in the Baseline Report, for otherwise lawful and customary rural <br />enterprises, such as, but not limited to, farm machinery repair, sawmill, firewood distribution, or <br />educational programs so long as such activities are consistent with Orange County zoning <br />regulations and permits required by and issued by Orange County under its laws and ordinances, <br />and are conducted in buildings otherwise permitted under this Conservation Easement in a <br />manner that is consistent with the conservation purposes of this Conservation Easement. <br />Conducting customary rural enterprises on any other part of the Property is not permitted without <br />the advance written permission of Grantee in each instance. Grantee shall not give such <br />permission unless Grantee determines that the proposed use will not diminish or impair the <br />conservation values of the Property. <br />7. Procedure to Construct Buildings and Other Improvements <br />The Grantors' rights to construct or reconstruct buildings and other improvements are <br />described in subparagraphs (a) through (f) below. Any construction or reconstruction not <br />permitted below is prohibited. Before undertaking any construction or reconstruction that <br />requires advance permission, the Grantors shall notify Grantee and obtain written permission. <br />All construction or reconstruction is subject to Orange County zoning regulations and must be <br />consistent with permits required by and issued by Orange County under its laws and ordinances <br />for such construction activities. • <br />Page 5 of 18 <br />