Orange County NC Website
HE <br />2012- 08- 14.THOMPSON.Conservation Easement Deed DRAFT <br />Protected Property under the terms of this Easement, including Orange County and <br />State of North Carolina or federal requirements, regardless of any reserved rights or <br />permissions contained in this Easement Document. <br />1.5 Definitions. <br />a. Grantor — Joseph A. Thompson and Jettelean Thompson <br />b. Grantee — Black Family Land Trust, Inc. <br />c. Conservation Purposes — agricultural, horticultural, and forestland activities as <br />defined further herein <br />d. Protected Property — that tract of farmland further described in Exhibit A <br />ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES <br />2.1. Subdivision. The Protected Property currently consists of portions of two tracts of <br />land. Further subdivision, partitioning, recording of a subdivision plan, or any other <br />division of the Protected Property is prohibited. <br />2.2. Industrial and Commercial Use. Industrial and commercial use of the Protected <br />Property and access therefore is prohibited. This restriction does not prohibit the use of <br />the Protected Property or construction of improvements primarily for agricultural, <br />horticultural, forestry, silvicultural and non - developed recreational purposes as more <br />specifically defined herein. <br />2.3. Minim. There shall be no filling, excavation, dredging, mining or drilling, removal <br />of topsoil, sand, gravel, rock, peat, minerals, or other materials, and no change in the <br />topography of the land in any manner except as necessary for the purpose of farming <br />operations or combating erosion of flooding and as reasonably necessary for any <br />permitted maintenance, construction or reconstruction on the Protected Property. <br />Disturbed areas for the purpose of removing topsoil, sand, gravel, rock, peat, minerals, or <br />other materials shall be limited to 1 acre in total surface area and will be restored as soon <br />as practicable after the disturbance. Any removal of material as provided for in this <br />subsection shall be solely for the purposes of the Protected Property and shall not be <br />removed and sold to a third party. Under no circumstances is the exploration, <br />exploitation and /or drilling for oil, natural gas, coal and /or other hydrocarbons permitted <br />in, on or to the Protected Property. <br />2.4. Dumping and Trash. Dumping or storage of soil, trash, refuse, debris, ashes, <br />garbage, waste, abandoned vehicles or parts, appliances, machinery, or hazardous <br />substances, or toxic or hazardous waste, is prohibited. The placement of underground or <br />above ground storage tanks or other materials is prohibited, with the exception of <br />agricultural products and inputs, byproducts (including the composting of biodegradable <br />material for on -farm use) and agricultural equipment used on the Protected Property, so <br />long as such storage is done in accordance with all applicable government laws and <br />regulations and in such a manner so as to not impair the Conservation Values of the <br />Protected Property. <br />