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Agenda - 11-19-2013 - 4a
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Agenda - 11-19-2013 - 4a
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Last modified
6/16/2015 11:46:32 AM
Creation date
11/15/2013 12:22:13 PM
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BOCC
Date
11/19/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4a
Document Relationships
Minutes 11-19-2013
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2013
RES-2013-094 Resolution approving a Conservation Easement for Brian Dobyns and Katherine Bliss
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2013
S Warranty Deed of Conservation Easement - Katherine Bliss and Brian Dobyns
(Linked From)
Path:
\Board of County Commissioners\Various Documents\2010 - 2019\2013
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11 <br />Bliss- Dobyns Conservation Easement Draft 9125113 <br />system replacement drainfield as provided for in Paragraph 2.3 of this Conservation Easement. <br />Furthermore, there shall be no constructing or placing of any airplane landing strip, billboard or <br />other advertising display, utility pole, utility tower, conduit or line on or above the Property other <br />than those necessary to service the Property's improvements and remaining compatible with the <br />conservation values or interests of the Property. Outdoor lighting shall be placed and shielded so <br />as to minimize the impact on surrounding areas. <br />2.3 Utility Services and Septic Systems. Grantor shall have the right to <br />maintain and repair the existing utilities, and in the event of their destruction, to reconstruct any <br />such existing improvements with another of similar function without any further permission of <br />Grantee provided they are located in the "Residential Envelope" or "Agricultural Envelope" as <br />depicted on Exhibit C to this Conservation Easement. The construction of a septic system <br />replacement drainfield may be located outside of the "Residential Envelope" or "Agricultural <br />Envelope" if, and only if, necessary to serve the existing (or its replacement) residential dwelling <br />located on the Property and so long as required by permits issued by Orange County under its <br />laws and ordinances as they exist now and as they may be amended from time to time. <br />2.4 Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and <br />horticultural uses are allowed provided they are located within, and only within, the "Agricultural <br />Envelope" or the "Residential Envelope" identified on Exhibit C to this Conservation Easement. <br />2.5 Timber Harvesting and Forest Management. Commercial timbering of <br />trees on the Property is prohibited. Within the areas identified and marked as "Residential <br />Envelope" and "Agricultural Envelope" on Exhibit C to this Conservation Easement, trees may <br />be planted, harvested and removed without the advance written permission of the Grantee. <br />Everywhere else on the Property trees may be removed, cut and otherwise managed to control <br />insects and disease, to prevent personal injury and property damage, to remove non - native <br />species, and /or to salvage wind - thrown timber for firewood and other non - commercial purposes, <br />including for construction of permitted improvements and fences on the Property. Such <br />management activities must be pursuant to a written Forest Management Plan or Forest <br />Stewardship Plan prepared by a North Carolina registered forester, the selection of whom is <br />mutually agreed upon by Grantor and Grantee and which management activities must be agreed <br />to in advance by Grantee and Grantor. <br />2.6 Recreational Use. Consistent with the purpose of and the limitations <br />contained in this Conservation Easement, Grantor shall have the right to engage in and permit <br />others, whether or not for consideration, to engage in recreational uses of the Property, including, <br />but not limited to, hiking, picnicking, hunting, and other recreational uses that require no <br />buildings, facilities, surface alteration or other development of the land. Grantor reserves the <br />right to promulgate and enforce reasonable rules and regulations for all activities incident to <br />Page 6 of 16 <br />
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