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ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks
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ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks
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Last modified
3/12/2019 3:28:23 PM
Creation date
11/12/2012 11:56:22 AM
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BOCC
Date
1/24/2012
Meeting Type
Regular Meeting
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Others
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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.
Minutes 01-24-2012
(Attachment)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2012
RES-2012-009 Resolution of Approval of Agricultural Conservation Easement between Orange County and the Eno River Association and Dennis and Linda Brooks
(Linked To)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2012
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~t~~~~~~~~l~t~~~llH~~~-~~i~~~~~~~~~~~-~~i <br />RB5339 63 71l24 <br />and in accordance with a Forest Stewazdship Plan prepared by a professional licensed forester, <br />and approved by the Grantees, which approval shall not be unreasonably withheld. The Forest <br />Stewardship Plan may be updated from time to time by mutual agreement of Grantors and <br />Grantees. Copies of the Forest Stewardship Plan shall be kept on file in the office of the local <br />Soil and Water Conservation District and shall be provided to the Grantees. <br />Trees may be planted, harvested and removed within the area identified and mazked as <br />"Farmstead Area" on the recorded plat for the Conservation Easement and on Ex~ibit A and in <br />each of the two (2) two-acre future "Residential Envelopes" once their locations have been <br />designated, all without the advance written permission of the Grantees, so long as done in <br />accordance with the Conservation Plan and Forest Stewardship Plan referred to in this Paragraph <br />10. <br />11. Mining <br />There shall be no filling, excavation, dredging, mining or drilling, removal of topsoil, <br />sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the land <br />in any manner except as necessary for the purpose of normal and customary farming operations <br />in accordance with the Conservation Plan or combating erosion or flooding in accordance with <br />the Conservation Plan and as reasonably necessary for any maintenance, construction or <br />reconstruction on the Property permitted herein. Disturbed azeas for the purpose of removing <br />soil, gravel, rock, peat, minerals or other materials necessary for pernutted customary agricultural <br />uses on the Property will be limited to one acre in total surface area and will be restored as soon <br />as practicable after the disturbance. Under no circurnstances is the drilling for or exploration for <br />hydrocarbons permitted in, under, on or to the Property. <br />12. Road Construction <br />Construction and maintenance of fazm roads that may be reasonably necessary and <br />incidental to carrying out the improvements and uses permitted on the Properly by this <br />Conservation Easement aze permitted. With the exception of roads within the azeas identified as <br />"Farmstead Area" on the recorded plat for the Conservation Easement and on Exhibit A, no <br />roads constructed on the Property shall be paved or otherwise covered with concrete, asphalt, <br />rock, gravel or any other impervious material, without the advance written permission of the <br />Grantees. Grantees shall not give such permission unless the Grantees determine that the <br />proposed paving, or covering of the soil, or the location of any such road, will not diminish or <br />impair the Conservation Values of the Property. <br />13. Dumping and Trash <br />Dumping or storage of soil, trash, refuse, debris, ashes, garbage, waste, abandoned <br />vehicles or parts, appliances, machinery, or hazardous substances, or toxic or hazardous waste, or <br />any placement of underground or above ground storage tanks or other materials is prohibited. <br />Provided, however, that the storage of agricultural products, byproducts (including the <br />composting of biodegradable material for on-farm use) and agricultural equipment used on the <br />Page 11 of 21 <br />
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