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

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~~~~1~~~~~~~11UU1~1~1~1~i~~~~~~--~~-~~~~-~a ~~~~i Exhibit B RB5339 75 23/24 Agricultural and Watershed Protection Conservation Easement Permitted Exceptions 1. Taxes for the year 2012, and subsequent years, not yet due and payable. 2. Subject to the fee simple interest of R. Dennis Brooks and wife Linda C. Brooks and rights of underlying fee simple owner to use the property in any way not inconsistent with the terms of the Conservation Easernent. 3. Subject to matters shown on recorded Plat Book 110 at Page ~; Plat Book 29, Page 72; Plat Book 94, Page 88; Plat Book 109, Page 176; and Plat Book 90, Page 175. 4. Title to that portion of the property located within the Public Right of Way of Interstate 85. 5. Title to that portion of the property located within the Public Right of Way of Ben Johnston Road. Note: Centerline of pavement in Right of Way is not the Property Line. 6. Title to that portion of the property located within the Public Right of Way of Dimmocks Mill Road. 7. Rights of others thereto entitled in and to the continued uninterrupted flow of Seven Mile Creek located on the Land. 8. Rights of others thereto entitled in and to the continued uninterrupted flow of Rocky Run Creek located on the Land. 9. Title to that portion of the Land lying below the mean high water mark of Eno River. ] 0. Riparian rights incident to the Land. 11. Conservation Reserve Enhancement Program Easement to the State of North Carolina in Book 53~1 , page 18 of the Orange County Registry. and referencing a plat showing the same in Plat Book 11 D, Page (~' ~. 12. Subordination Agreement recorded in Book533`I, Page Iy . 13. Boundary Line Agreement in Book 3638, Page 137. 14. Right of Way to Piedmont Electric Membership Corp in Book 637, Page 62. 15. Right of Way to Department of Transportation in Book 1208, Page 587.