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S Waranty Deed of Agricultural & Watershed Protection Conservation Easement Dennis & Linda Brooks
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S Waranty Deed of Agricultural & Watershed Protection Conservation Easement Dennis & Linda Brooks
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Last modified
11/11/2015 2:50:41 PM
Creation date
4/10/2012 2:16:19 PM
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BOCC
Date
1/24/2012
Meeting Type
Regular Meeting
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Others
Agenda Item
A
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Agenda - 01-24-2012 - 8a
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\Board of County Commissioners\BOCC Agendas\2010's\2012\Agenda - 01-24-2012 - Regular Mtg.
RES-2012-009 Resolution of Approval of Agricultural Conservation Easement between Orange County and the Eno River Association and Dennis and Linda Brooks
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\Board of County Commissioners\Resolutions\2010-2019\2012
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i-~~J~~~~~~-11~~1~l~~11~~~~i~~~ ~ -~~~~~~~~~~~~ ~n <br />RB5339 58 6124 <br />other natural, historic, recreational, habitat, or scenic values referenced in this Conservation <br />Easement are consistent with the primary purposes stated above, it is within the purpose of this <br />Conservation Easement to also protect those values, and no activity that would significantly <br />impair those values shall be permitted. <br />As authorized in the Uniform Conservation and Historic Preservation Act, N.C. Gen. <br />Stat. § 121-34 et seq., this Conservation Easement is perpetual; it restricts the Grantors' Property <br />in perpetuity; and it is enforceable by the Grantees against the Grantors, its representatives, heirs, <br />successors and assigns, lessees, agents, and licensees. <br />3. Rights and Responsibilities Retained by Grantors <br />Notwithstanding any provisions of this Conservation Easement to the contrary, the <br />Grantors reserve to and for themselves and their successors all customary rights and privileges of <br />ownership, including the rights to sell, lease, and devise the Property provided such transaction is <br />subject to the terms of this Conservation Easement and written notice is provided to the <br />Grantees, together with any rights not specifically prohibited by or limited by this Conservation <br />Easement, and consistent with this Conservation Easement. Unless otherwise specified below, <br />nothing in this Conservation Easement sha11 require the Grantors to talce any action to restore the <br />condition of the Properly after any natural disaster or other event over which he had no control. <br />Grantors understand that nothing in this Deed relieves them of any obligation or restriction on the <br />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 with <br />the Conservation Values of the Properry and in accordance with applicable local, state and <br />federal laws and regulations. <br />Subject to the terms of this Conservation Easement, fanning, grazing, horticultural and <br />animal husbandry operations are permitted only if conducted consistent with Best Management <br />Practices promulgated by the Sta.te of North Carolina and in conformity with a Conservation Plan <br />as required in Paragraph 9 of this Conservation Easement, which Conservation Plan is hereinafter <br />referred to as "the Conservation Plan." <br />Cattle and other livestock are allowed to exist and to graze on the Property, except within <br />the "Riparian Corridor" identified and mazked on the recorded Plat for this Conservation <br />Easement and on Exhibit A, the original of which witl be included in the Baseline <br />Documentation Report. The "Riparian Comdor" includes, but is not limited to, an area subject <br />to a conservation easement held by the State of North Carolina through the NC Conservation <br />Reserve Enhancement Program recorded at Deed Book533q , Page I B , Orange County <br />Registry (hereinafter, the CREP Conservation Easement). <br />The "Riparian Corridor" shall be maintained in its natural condition and restricted from <br />any development that would impair or interfere with the Conservation Values of the Property. <br />Page 6 of 21 <br />
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