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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
Document Type
Others
Agenda Item
A
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Agenda - 01-24-2012 - 8a
(Linked To)
Path:
\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
(Linked From)
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\Board of County Commissioners\Resolutions\2010-2019\2012
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~~~~~~~~~~~~~UUI~I~~II~~~~~~n~~~i~~~u-~-~ui <br />RB5339 61 9~2~ <br />(e) Utility Services and Septic Systems - Installation, maintenance, repair, <br />replacement, removal and relocation of electric, gas, and water facilities, septic systems, sewer <br />lines and/or other public or private utilities, including telephone or other communication services <br />over or under the Property for the purpose of providing electrical, gas, water, sewer, or other <br />utilities to serve improvements on the Property permitted herein, and the right to grant easements <br />over and under the Property for such purposes, is permitted except within the "Riparian <br />Corridor" identified and marked on the recorded plat for the Conservation Easement and on <br />Exhibit A; provided that Grantors shall not permit or grant easements for utility transmission or <br />distribution facilities or systems without the written consent of the Grantees. Maintenance, repau <br />or improvement of a septic system(s) or oiher underground sanitary system that exists on the <br />Property at the time of this Conservation Easement, or the construction of a septic or other <br />underground sanitary system, for the benefit of any of the improvements permitted herein and if <br />necessary to serve the existing (or replacement) residential or commercial uses located <br />immediately adjacent to the Properiy on the property identified as Orange County PIN 9854-84- <br />7637, is permitted except within the "R.ipazian Corridor" identified and marked on the recorded <br />plat for this Conservation Easement and on Exhibit A. All other utilities are prohibited on the <br />Properly. Cellular communication towers or structures are prohibited on the Property. <br />8. Subdivision <br />T'he Properiy currently consists of all or a portion of two separate pazcels of land <br />identified as Tract One and Tract Two on the recorded Plat for this Conservation Easement. <br />Hereafter, the Property may be recombined and/or subdivided, provided that at no time shall the <br />Property consist of more than three (3) separate tracts of land. The further subdivision of the <br />Property, the recording of a subdivision plan, partition, or any other division of the Property into <br />more than three tracts is prohibited. tn any event, all terms, restrictions, and conditions of this <br />Conservation Easement shall apply to all recombined and/or subdivided parts of the Property <br />including but not limited to the requirements of agricultural viability of the Property, the <br />restrictions on future development, the necessity of a Conservation Plan, and the prohibition on <br />activities that are described in this Conservation Easement. It is understood that notice of this <br />Conservation Easement will be included in any instrument recorded that recombines, subdivides, <br />partitions or otherwise divides the Property. <br />Notwithstanding the foregoing, in the event that any tract which is two (2) acres in size or <br />smaller is hereafter subdivided from the Property in accordance with the terms of this <br />Conservation Easement and such tract is located entirely outside the boundaries of the Riparian <br />Corridor shown on the recorded plat for the Conservation Easement and on Exhibit A, the terms, <br />restrictions and provisions of this Conservation Easement shall no longer apply to said two-acre <br />(or smaller) tract. Thereafter, however, such tract shall at no time in the future be recombined <br />with the Property, and for each such two-acre (or smaller) tract that is subdivided from the <br />Property the total number of separate tracts of which the Property may consist shall be reduced <br />by one. For example, if one two-acre tract is subdivided fram the Property, the Property shall <br />thereafter consist of no more than two (2) separate tracts of land. If two two-acre tracts are <br />subdivided from the Property that Property shall thereafter consist of only one tract of land, and <br />Page 9 of 21 <br />
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