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S Conservation Easement Joseph Phelps
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S Conservation Easement Joseph Phelps
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Last modified
4/17/2013 4:57:40 PM
Creation date
3/14/2013 9:32:22 AM
Metadata
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BOCC
Date
6/29/2000
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
9e
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Agenda - 06-29-2000-9e
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\Board of County Commissioners\BOCC Agendas\2000's\2000\Agenda - 06-29-2000
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1 . Purpose. The purpose of this Conservation Easement is to <br /> ensure that the Protected Property will be retained, preserved and <br /> protected in accordance with the provisions of the Orange County <br /> Zoning ordinance for stream buffers in perpetuity for the benefit <br /> of this generation and the generations to come forever and to <br /> prevent any use of the Protected Property that will significantly <br /> impair or interfere with the conservation values or interests of <br /> the Protected Property' described above. Grantors intend that this <br /> Conservation Easement will restrict the use of the Protected <br /> Property to only such activities as are consistent with the purpose <br /> of this Conservation Easement and the provisions of the Orange <br /> County Zoning Ordinance for the preservation and protection of <br /> stream buffers . <br /> 2 . Prohibited Uses . Any activity on or use of the Protected <br /> Property inconsistent with the purpose of this Conservation <br /> Easement and the provisions of the Orange County Zoning Ordinance <br /> for the protection of stream buffers is prohibited. <br /> 3 . Grantor's Reserved Rights. Grantors hereby reserve the <br /> following rights : <br /> - 3 . 1 Existing Uses . To undertake or continue any activity or <br /> use of the Protected Property not prohibited by this Conservation <br /> Easement or the provision of the Orange County Zoning Ordinance for <br /> the protection and preservation of stream buffers . <br /> 3 .2 Transfer. To sell, give, mortgage, lease or otherwise <br /> convey the Protected Property provided such conveyance is subject <br /> to the terms of this Conservation Easement . <br /> 3 .4 Game Manacrement . To eliminate exotics (starlings etc. ) <br /> and reduce populations of native species that threaten the <br /> ecosystem under a prescribed plan approved by the N.C. Natural <br /> Heritage Program or the N.C. Division of Wildlife Resources and <br /> with prior written approval of Grantee pursuant to paragraph 4 .5 <br /> below. <br /> 4 . Grantee' s Rights . To accomplish the purpose of this <br /> Conservation Easement, the following rights are conveyed to Grantee <br /> by this Conservation Easement : <br /> 4 . 1 Right to - Protect. To preserve and protect the <br /> conservation values of the Protected Property. <br /> 4 . 2 Right of Entrv. To enter the Protected Property at all <br /> reasonable times and with prior notice, subject to the Notice <br /> provisions contained herein, and, if necessary, across other lands <br /> retained by Grantors, for the purposes of : (a) inspecting the <br /> Protected Property to determine if Grantors and his heirs, <br /> successors and assigns in title are complying with the covenants <br /> and purposes of this Conservation Easement; (b) enforcing the terms <br /> of this Conservation Easement; (c) taking any and all actions with <br /> respect to the Protected Property as may be necessary or <br />
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