ORD-2010-095 - Budget Amendment #5-A - Purchase of a Conservation Easement

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Volpe Conservation Easement (South) 12 Draft 11/19110 structures may be placed or constructed on the Easement Area. Furthermore, there shall be no constructing or placing of any outdoor lighting, utility pole, utility tower, conduit or line on or above the Easement Area (c) Pedestrian Trails — Pedestrian trails may be constructed as long as such trails be of a natural surface, not be more than six feet (6') wide, and located at a minimum distance of thirty (3 0) feet from the top of the bank of the Eno River. 2.3 Utility Services and Septic Systems. Maintenance, repair or improvement of electric, gas, and water facilities, sewer lines and/or other public or private utilities, including telephone or other communication services, that exist on the Easement Area at the time of this Conservation Easement is permitted. All other utilities are prohibited on the Easement Area. 2.4 Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and horticultural uses of the Easement Area is prohibited 2.5 Timber Harvesting and Forest Management. Commercial timbering of trees within the Easement Area is prohibited. Trees may be removed, cut and otherwise managed to control insects and disease, to prevent personal injury and property damage, to remove non- native species, or to salvage wind - thrown timber, including construction of permitted improvements and fences on the Easement Area. There shall be no additional removal, harvesting, destruction or cutting of native trees, shrubs or other plants. Furthermore, except to accommodate the activities expressly permitted in this easement, there shall be no use of fertilizers, plowing, introduction of non -native animals, or disturbance or change in the natural habitat in any manner. All forest management activities must be pursuant to a written Forest Management Plan prepared by a North Carolina registered forester, the selection of whom is mutually agreed upon by Grantor and Grantee and which management activities must be agreed to in advance by Grantee and Grantors. 2.6 Recreational Use. Consistent with the purpose of and the limitations contained in this Conservation Easement, Grantors shall have the right to engage in and permit others, whether or not for consideration, to engage in recreational uses of the Easement Area, including, but not limited to, hiking, picnicking, and other recreational uses that require no buildings, facilities, surface alteration or other development of the land. Grantors reserve the right to promulgate and enforce reasonable rules and regulations for all activities incident to recreational use of the Easement Area, including but not limited to the right to prohibit any recreational use that would permit destruction of other significant conservation values of the Easement Area. Page 6 of 16