Agenda - 06-21-2011 - 5l - Laserfiche WebLink

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11 Breeze Fann Conservation Easement (Phase 77) Draft #3 CLEAN understands that nothing in this Deed relieves him of any obligation or restriction on the use of the Property imposed by law. 4. Right to Farm Grantor retains the right to farm, or to permit others to farm the Property, consistent with the Conservation Values of the Property 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 Practices promulgated by the State of North Carolina and in conformity with a Conservation Plan as required in Paragraph 9 (Conservation Practices) of this Conservation Easement. Cattle and other livestock are allowed to exist and to graze on the Property, except within a 100-foot stream buffer, which is 50 feet wide on either side of the stream as measured from the center of the stream and perpendicular to the stream-the location of which is identified and marked on Exhibit A, attached hereto and incorporated herein. Exhibit A is a copy of a GIS rendering of the 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 Property. This Conservation Easement does not create any rights of the public in, on or to the Property. 6. Right to Use the Property for Customary Rural Enterprises Grantor retains the right to use the portion of the Property within the "Future Farmstead Envelope" (which contains approximately six 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, firewood distribution, bed and breakfast, farm- stand, or educational programs so long as such activities ar-e 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 maybe amended from time to time, and are conducted in buildings otherwise permitted under this Conservation Easement in a manner that is consistent with the conservation purposes of this Conservation Easement. Conducting customary rural enterprises on any other part of the 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 Property. Page 6 of 20