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2009-076 ERCD - Orange Co and Preservation of the Eno River regarding Utilization of Former Water Supply Well
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2009-076 ERCD - Orange Co and Preservation of the Eno River regarding Utilization of Former Water Supply Well
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Last modified
1/15/2010 12:09:16 PM
Creation date
1/15/2010 12:09:08 PM
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BOCC
Date
9/15/2009
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
6a
Document Relationships
Agenda - 09-15-2009 - 6a
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 09-15-2009
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i UiHiuimiunu <br />2.12 No Dumping. There shall be no storage or dumping of trash, garbage, <br />abandoned vehicles, appliances, or machinery, or other unsightly or offensive material, <br />hazardous substance, or toxic waste on the Easement Area. There shall be no changing of the <br />topography through the placing of soil or other substance or material such as land fill or dredging <br />spoils, nor shall activities be conducted on the Easement Area that could cause erosion or <br />siltation on the Easement Area. <br />2.13 Predator Control. Grantor shall have the right to control, destroy, or trap <br />predatory and problem animals that pose a material threat to livestock and/or humans by means <br />and methods with prior written approval of Grantee. The method employed shall be selective <br />and specific to individuals, rather than broadcast, nonselective techniques. <br />2.14 Commercial Development. Any commercial or industrial use of or <br />activity within the Easement Area is prohibited. This restriction on use shall not be construed to <br />prohibit use of the Easement Area for recreational, educational and scientific purposes, as long as <br />such activities are undertaken on a noncommercial basis. <br />2.15 Development Rights. Grantor conveys to Grantee all development rights <br />that are now or hereafter allocated to, implied, reserved or inherent in the Easement Area, and <br />the parties agree that such rights are terminated and extinguished, and may not be used on or <br />transmitted to any portion of the Easement Area, as it now or hereafter may be bounded or <br />described, or to any other property. <br />3. ADDITIONAL RIGHTS RETAINED BY GRANTOR Grantor retains the <br />following additional rights: <br />(a) Existing Uses. The right to undertake or continue any activity or use of the <br />Easement Area not prohibited by this Conservation Easement. Prior to making any change in <br />use of the Easement Area, Grantor shall notify Grantee in writing to allow Grantee a reasonable <br />opportunity to determine whether such change would violate the terms of this Conservation <br />Easement. This determination by Grantee shall be made in writing. <br />(b) Transfer. The right to sell, give, mortgage, lease, or otherwise convey the <br />Easement Area subject to the terms of this Conservation Easement. <br />4. GRANTEE'S RIGHTS AND RESPONSIBILITIES. To accomplish the <br />purposes of this Conservation Easement, the following rights are granted to Grantee and the <br />following responsibilities are reserved to Grantee by this Conservation Easement: <br />(a) Right to Protect. The right to preserve and protect the Conservation Values of the <br />Easement Area and enforce the terms of this Conservation Easement. <br />(b) Right of Entrv. Grantee, its employees, representatives, and agents and its <br />successors and assigns, have the right, after reasonable advance notice to Grantor <br />Page 8 of 20 <br />
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