ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks

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