Orange County NC Website
~~~~~~a~1~~91~U~~~~~~~~~~~~~~~~~~~~~~~~~~~~ <br />RB5227 440 8134 <br />watching, and to control access of all persons for these purposes; provided that these activities <br />do not impact the protection and conservation of any animal habitat or other Conservation <br />Values of the Protected Property. However, under no circumstances shall golf courses, golf <br />ranges, airstrips or helicopter pads be constructed, placed or permitted to remain on the Protected <br />Property. <br />(fl Utility Services and Septic Systems - Installation, maintenance, repair, <br />replacement, removal and relocation of electric, gas, and water facilities, sewer lines and/or other <br />public or private utilities, including telephone or other communication services ove r under the <br />Protected Property for the purpose of providing electrical, gas, water, sewer, or o r tilities to <br />serve improvements on the Protected Property permitted herein, and the right to gran a ments <br />over and under the Protected Property for such purposes, is permitted. Grantor shall not <br />or grant easements for utility transmission or distribution facilities or syste t the w' en <br />consent of the Grantee. Maintenance, repair or improvement of a septic syst (s <br />underground sanitary system that exists on the Protected Property at e time <br />Conservation Easement, or the construction of a septic or other un und sa ry system, for <br />the benefit of any of the improvements permitted herein, is per~ed. a ors , with the <br />advance written permission of Grantee, which permission sh no~'be unre'~~S~~Iy withheld, <br />grant and convey electrical, gas, water, sewer, or other utili s to serve i r ments located on <br />the properties identified as PIN 9831-48-4201 and PIN 83 - 6-4044 on e recorded plat. Any <br />such utility easement shall be subordinate to this Con atio emen d shall be located <br />wholly within a right of way or utility easement ex' n he is Deed of <br />Conservation Easement. All other utilities are p i ed o t Protected Property. Cellular <br />communication towers or structures are also p ibiteQ~•Qn the o cted Property. <br />8. Subdivision <br />The Protected Property curre c s~ f poridbns of three separate parcels of land. <br />The subdivision of the Protected P erty, ' ding its partition, is prohibited except as may be <br />required by Orange County to e ons ' n of the farm support dwelling provided for <br />in Paragraph 7(c). In the eve a farm su d elling is constructed that requires Orange <br />County subdivision approval, t e subdivide lot shall, so long as this Conservation Easement is <br />applicable to the Protec Pro , remai n the same ownership as the parent parcel from <br />which the farm support dw ' g i ed so that if conveyed the tenant housing, farmstead <br />area, and parent pa 1 remain ether as one parcel. In the event subdivision of the Protected <br />Property become modate the construction of the farm support dwelling, any <br />such dwelling all be structed within six (6) months of subdivision approval. Grantee may <br />withdraw or o he 'se re ~ d ubdivision approval if Grantor fails to commence construction of <br />the farm port dw ' g w in six (6) months of subdivision approval, by recording an <br />amend or other ument. This prohibition applies regardless of how many separately <br />described p are c ained in the Protected Property. In any event, all terms, restrictions, <br />and conditions onservation Easement shall apply to all subdivided parcels permitted by <br />the terms of this Conservation Easement, including but not limited to the requirements of <br />agricultural viability of the Protected Property, the restrictions on future development, the <br />impervious surface limits on the Protected Properiy as described in Paragraph 7(b) of this <br />Conservation Easement, the necessity of a Conservation Plan, and the prohibition on activities <br />Page 8 of 20 <br />