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10 <br /> BOCC Draft 6/10/16 <br /> 1.2. Perpetual Duration. This Conservation Easement over the Protected Property as further described in Exhibit A, <br /> shall be perpetual. It is an easement in gross,runs with the land and is enforceable by Grantee against Grantor as <br /> provided herein, and against Grantor's representatives, successors, assigns, leases, agents and licensees. <br /> 1.3. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement, the parties <br /> agree that all development rights appurtenant to the Protected Property are hereby released, terminated and <br /> extinguished, and may not be used on or transferred to any portion of the Protected Property as it now or hereafter <br /> may be bounded or described, or used or transferred to any other property adjacent or otherwise,nor used for the <br /> purpose of calculating permissible lot yield of the Protected Property or any other property by anyone including the <br /> Grantor and Grantee. <br /> 1.4. Compliance with other Regulatory Requirements. The Grantor is responsible for complying with any and all <br /> additional permits or regulation to use or develop the Protected Property under the terms of this Easement, <br /> including Orange County, State of North Carolina or Federal requirements,regardless of any reserved rights or <br /> permissions contained in this Easement Document. <br /> ARTICLE II.PROHIBITED AND RESTRICTED ACTIVITIES <br /> 2.1. Subdivision. Separate conveyance of a portion of the Protected Property, subdivision,partitioning or dividing the <br /> Protected Property is prohibited. <br /> 2.2. Industrial and Commercial Use. Industrial and commercial use of the Protected Property and access therefore is <br /> prohibited. This restriction does not prohibit the use of the Protected Property or construction of improvements <br /> primarily for agricultural,horticultural, forestry, silvicultural, lawful and customary rural enterprises, such as,but <br /> not limited to, a winery,bed and breakfast, saw mills,farm machinery repair enterprises and non-developed <br /> recreational purposes as more specifically defined herein so long as such activities are consistent with Orange <br /> County zoning regulations and permits required by and issued by Orange County under its laws and ordinances as <br /> they exist now and as they may be amended from time to time, and are conducted in buildings located within the <br /> Farmstead area and otherwise permitted under this Conservation Easement in a manner that is consistent with the <br /> purposes of this Conservation Easement. Conducting customary rural commercial enterprises on any other part of <br /> the Protected Property is not permitted without the advance written permission of the Grantee in each instance. <br /> The Grantee shall not give such permission unless the Grantee determines that the proposed use will not <br /> substantially diminish or impair the conservation values of the Protected Property. <br /> 2.3. Cattle and other livestock shall not be permitted to exist and to graze on the Protected Property within the <br /> "Riparian Buffer"identified on Exhibit C-1. The Riparian Buffer shall be maintained in its natural condition and <br /> restricted from any forestry, farming, development, or other activity or use which could impair or interfere with the <br /> Conservation Values of the Protected Property. <br /> 2.4. Mining. There shall be no filling, excavation, dredging, mining or drilling,removal of topsoil, sand, gravel,rock, <br /> peat,minerals,hydrocarbons or other materials, and no change in the topography of the land in any manner except <br /> as necessary for the purpose of farming operations or combating erosion of flooding and as reasonably necessary <br /> for any permitted maintenance, construction or reconstruction on the Protected Property. <br /> 4 <br />