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Agenda - 01-15-2008-3c
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Agenda - 01-15-2008-3c
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Last modified
8/4/2009 12:16:27 PM
Creation date
8/28/2008 9:27:43 AM
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BOCC
Date
1/15/2008
Document Type
Agenda
Agenda Item
3c
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Minutes - 20080115 - Late
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2008
RES-2008-001 Approval of Easement William Breeze Sr
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2008
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Breeze Agricultural Conservation Easement (I) 12/21/07 draft (clean) <br />of the Property after any natural disaster or other event over which he had no control. Grantor <br />understands that nothing in this Deed relieves him of any obligation or restriction on the use of <br />the Property imposed by law. <br />4. Right to Farm <br />Grantor retains the right to farm, or to permit others to farm the Property, consistent with <br />the Conservation Values of the Property and in accordance with applicable local, state and <br />federal laws and regulations. <br />Subject to the terms of this Conservation Easement, farming, grazing, horticultural and <br />animal husbandry operations are permitted only if conducted consistent with Best Management <br />Practices. promulgated by the State of North Carolina and in conformity with a Conservation Plan <br />as required in Paragraph 9 of this Conservation Easement. <br />Cattle and other livestock are allowed to exist and to graze on the Property, except within <br />a 100-foot stream buffer, which is 50 feet wide on either side of the stream as measured from the <br />center of the stream and perpendicular to the stream the location of which is identified and <br />marked on Exhibit A, attached hereto and incorporated herein. Exhibit A is a copy of a GIS <br />rendering of the Property, the original of which will be maintained with the Baseline Report at <br />the office of the Orange County Environment and Resource Conservation Department. <br />S. Right to Privacy <br />Grantor retains the right to privacy and the right to exclude any member of the public <br />from trespassing on the Property. This Conservation Easement does not create any rights of the <br />public in, on onto the Property. <br />6. Right to Use the Property for Customary Rural Enterprises <br />Grantor retains the right to use the portion of the Property within the "Existing Farmstead <br />Area" (which contains approximately six acres) as identified on Exhibit A, and more particularly <br />described in the Baseline Report, for otherwise lawful and customary rural enterprises, such as, <br />but not limited to, farm machinery repair, sawmill, firewood distribution, bed and breakfast, farm <br />stand, or educational programs so long as such activities are consistent with Orange County <br />zoning regulations and permits required by and issued by Orange County under its laws and <br />ordinances, and are conducted in buildings otherwise permitted under this Conservation <br />Easement in a manner that is consistent with the conservation purposes of this Conservation <br />Easement. Conducting customary rural enterprises on any other part of the Property is not <br />permitted without the advance written permission of Grantee in each instance. Grantee shall not <br />give such permission unless Grantee determines that the proposed. use will not diminish or impair <br />the Conservation Values of the Property. <br />7. Procedure to Construct Buildings and Other Improvements <br />
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