Agenda - 05-03-2011 - 8a - Laserfiche WebLink

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Sykes Agricultural Conservation Easement Draft #3 CLEAN 1 2 Practices promulgated by the State of North Carolina and in conformity with a Conservation Plan as required in Paragraph g of this Conservation Easement. The Conservation Plan shall address minimizing the adverse effects of cattle and other Livestock an streams and from entering areas located within 5o feet of streams the locations of which are identified and marked on Exhibit A, attached hereto and incorporated herein. The Exhibit A is a copy of a GIS rendering of the Protected Property, the original of which will be maintained with the Baseline Report at the office of the Orange County Department of Environment, Agriculture, Parks and Recreation. 5. Right to Privacy Grantor retains the right to privacy and the right to exclude any member of the public from trespassing on the Protected Property. This Conservation Easement does not create any rights of the public in, on or to the Protected Property. 6. Right to Use the PYOtected Property for Customary Rural Enterprises Grantor retains the right to use the portion of the Protected Property within the "Farmstead Area" which contains approximately 9.S acres} as identified on Exhibit A, and more particularly described in the Baseline Report, for otherwise lawful and customary rural enterprises, such as, but not limited to, farm machinery repair, sawmill, f rewood distribution, bed and breakfast, farm stand, or educational programs so Tong as such activities are a~ consistent with Orange County zoning regulations and permits required by and issued by Orange County under its laws and ordinances as they exist now and as they may be amended from time to time, and b~ are conducted in buildings otherwise permitted under this Conservation Easement in a manner that is consistent with the conservation purposes of this Conservation Easement, and c} are subordinate to the agricultural and residential use of the Protected Property. Conducting customary rural enterprises on any other part of the Protected Property is not permitted without the advance written permission of Grantee in each instance. Grantee shall not give such permission unless Grantee determines that the proposed use will not diminish or impair the Conservation Values of the Protected Property. Enterprises that market petroleum or chemical products are prohibited. 7. .Procedure to Construct Buildings and Other Improvements The Grantor's rights to construct or reconstruct buildings and other improvements are described in subparagraphs ~a} through ~~} below. Any construction or reconstruction not permitted below is prohibited. Before undertaking any construction or reconstruction that requires advance permission, the Grantor shall notify Grantee and obtain written permission. All construction or reconstruction is subs ect to Orange County zoning regulations and must be consistent with permits required by and issued by Orange County under its laws and ordinances as they exist now and as they maybe amended from time to time for such construction activities. (a) Fences -Existing fences maybe repaired and replaced, and new fences may be built on the Protected Property for purposes of reasonable and customary management of Page ~ of 24