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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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~~~~~-~U~~-~1U~~~~~ll~~~~~h~~~---~-~-~~~~u <br />RB5339 59 7/24 <br />The entire Riparian Corridor shall be subject to the prolubitions and restrictions on use and <br />activity within its boundaries as are spelled out and contained in Section II of the aforesaid <br />CREP Conservation Easement recoded in Deed Book 5~j3~1 , Page 1~ , to the same <br />extent as if those prohibitions and restrictions were set out herein, and the same are hereby <br />incorporated herein by reference. <br />S. Right to Privacy <br />Grantors retain the right to privacy and the right to exclude any member of the public <br />from trespassing on the Property. This Conservation Easement does not create any rights of the <br />public in, on or to the Property. <br />6. Right to Use the Property for Customary Rural Enterprises <br />Grantors retain the right to use the portion of the Property within the "Fannstead Area" <br />(which contains 7.45 acres) as identified on the recorded Plat for this Conservation Easement, <br />and more particularly described in the Baseline Documentation Report, for otherwise lawful and <br />customary rural enterprises, such as, but not limited to, farm machinery repair, sawmill, firewood <br />distribution, bed and breakfast, farm stand, or educational programs so long as such activities are <br />a) consistent with Orange County zoning regulations and permits required by and issued by <br />Orange County under its laws and ordinances as they exist now and as they may be amended <br />from time to time, and b) are conducted in buildings otherwise pernutted under this Conservation <br />Easement in a manner that is consistent with the conservation purposes of this Conservation <br />Easement, and c) aze subordinate to the agricultural and residential use of the Property. <br />Conducting customary rural enterprises on any other part of the Property is not permitted without <br />the advance written permission of the Grantees in each instance. Grantees shall not give such <br />permission unless the Grantees determine that the proposed use will not diminish or impair the <br />Conservation Values of the Property. The parties expressly agree that enterprises that market <br />petroleum or chemical products are prohibited, and that commercial feed lots for cattle or other <br />meat animals aze also prohibited. <br />Procedure to Construct Buildings and Other Improvements <br />The Grantors' rights to construct or reconstruct buildings and other improvements are <br />described in subparagraphs (a) through (~ below. Any construction or reconstruction not <br />permitted below is prohibited. Before undertaking any construction or reconstruction that <br />requires advance permission, the Grantors shall notify the Grantees and obtain written <br />permission. All construction or reconstruction is subject to Orange County zoning regulations <br />and must be consistent with permits required by and issued by Orange County under its laws and <br />ordinances as they exist now and as they may be amended from time to time for such <br />construction activities. <br />(a) Fences - Existing fences may be repaired and replaced, and new fences may be <br />built on the Property for purposes of reasonable and customary management of livestock and <br />Page 7 of 21 <br />
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