ORD-2011-016 Conservation Easement for Sykes Dairy Farm and Budget Amendment #9

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Sykes Agricultural Conservation Easement Draft #3 CLEAN 11 Grantor hereby voluntarily grants and conveys to the Grantee all development rights for the Protected Property, except as otherwise reserved and provided by the terms of this Conservation Easement, that aze now or hereafter inherent in the Protected Property. The parties agree that such development rights are now terminated and extinguished, and may not be used on or transferred to any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot yield of the Protected Property or any other property by anyone or any entity, including the Grantee. 2. Statement of Purpose It is the primary purpose of this Conservation Easement to enable the Protected Properly to remain in agricultural use by preserving and protecting its agricultural soils and agricultural viability and productivity. Except as specifically permitted herein, no activity that would impair the actual or potential agricultural use of the Protected Property shall be permitted. To the extent that the preservation and protection of the natural, historic, recreational, habitat or scenic values referenced in this Conservation Easement are consistent with the primary purposes stated above, it is within the purpose of this Conservation Easement to also protect those values, and no activity that would significantly impair those values shall be permitted. As authorized in the Uniform Conservation and Historic Preservation Act, N.C. Gen. Stat. § 121-34 et seq.; this Conservation Easement is perpetual; it restricts the Grantor's Protected Property in perpetuity; and it is enforceable by Grantee against the Grantor, its representatives, heirs, successors and assigns, lessees, agents, and licensees. 3. Rights and Responsibilities Retained by Grantor Notwithstanding any provisions of this Conservation Easement to the contrary, the Grantor reserves to and for himself and his successors all customary rights and privileges of ownership, including the rights to sell, lease, and devise the Protected Properly provided such transaction is subject to the terms of this Conservation Easement and written notice is provided to Grantee, together with any tights not specifically prohibited by or limited by this Conservation Easement, and consistent with this Conservation Easement.. Unless otherwise specified below, nothing in this Conservation Easement shall require the Grantor to take any action to restore the condition of the Protected Property after any natural disaster or other event over which he had no control. Grantor understands that nothing in this Deed relieves him of any obligation or restriction on the use of the Protected Property imposed by law. 4. Right to Farm Grantor retains the right to farm, or to permit others to farm the Protected Property, consistent with the Conservation Values of the Protected Properly and in accordance with applicable local, state and federal laws and regulations. Subject to the terms of this Conservation Easement, farming, grazing, horticultural and animal husbandry operations are permitted only if conducted consistent with Best Management Page 5 of 20