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S Agricultural Conservation Easement with Carl and Elizabeth Walters
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S Agricultural Conservation Easement with Carl and Elizabeth Walters
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Last modified
8/16/2011 10:01:53 AM
Creation date
8/16/2011 10:01:40 AM
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BOCC
Date
12/1/2003
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
5a
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Agenda - 12-01-2003-5a
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 12-01-2003
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any act on or affecting the Property that is inconsistent with the covenants herein. Grantors <br />authorize the Grantee to enforce these covenants in the manner described below. <br />Grantors hereby voluntarily grant and convey to the Grantee all development rights for <br />the Property, except as otherwise reserved and provided by the terms of this Easement, that are <br />now or hereafter inherent in the Property. The parties agree that such development rights are <br />terminated and extinguished, and may not be used on or transmitted to any portion of the <br />Property, as it now or hereafter may be bounded or described, or transmitted, transferred or <br />otherwise conveyed to any other property. <br />2. Statement of Purpose <br />It is the primary purpose of this Agricultural Conservation Easement to enable the <br />Property to remain in agricultural use by preserving and protecting its agricultural soils and <br />agricultural viability and productivity. No activity that would impair the actual or potential <br />agricultural use of the Property shall be permitted. To the extent that the preservation and <br />protection of the natural, historic, recreational, habitat or scenic values referenced in this <br />Easement are consistent with the primary purpose stated above, it is within the purpose of this <br />Easement to also protect those values, and no activity that would significantly impair those <br />values shall be permitted. <br />3. Rights and Responsibilities Retained by Grantors <br />Notwithstanding any provisions of this Easement to the contrary, the Grantors reserve <br />to and for themselves and their successors all customary rights and privileges of ownership, <br />including the rights to sell, lease, and devise the Property, together with any rights not <br />specifically prohibited by or limited by this Easement, and consistent with the Statement of <br />Purpose herein. Unless otherwise specified below, .nothing in this Easement. shall require the <br />: °= Grantors to take any action to restore the condition of the Property after any Act of God: or -<: <br />-=- -- -Wither-event over which they hnd no control. Grantors understand that nogg in ths_Heed-- <br />relieves them of any obligation or restriction on the use of the Property imposed by law. <br />4. Right to Farm <br />Grantors retain the right to farm, or to permit others to farm the Property, consistent <br />with the conservation values of the Property and in accordance with applicable local, state and <br />federal laws and regulations. <br />Subject to the terms of this Agricultural Conservation Easement, farming, grazing, <br />horticultural and animal husbandry operations are permitted only if conducted consistent with <br />Best Management Practices promulgated by the State of North Carolina and in conformity with <br />a Conservation Plan as required in Paragraph 9 hereafter. <br />Page 4 of 20 <br />
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