11
<br /> BOCC Draft 6/10/16
<br /> 2.5. Dumping and Trash. Dumping or storage of soil, trash,refuse, debris, ashes, garbage,waste, abandoned vehicles
<br /> or parts, appliances,machinery, or hazardous substances, or toxic or hazardous waste, is prohibited with the
<br /> exception of agricultural products,byproducts (including the composting of biodegradable materials for on-farm
<br /> use) and agricultural equipment used on the Protected Property, so long as such storage is done in accordance with
<br /> all applicable government laws and regulations and in such a manner so as to not impair the Conservation Values
<br /> of the Protected Property.
<br /> 2.6. Signage. Display to the public of billboards, signs or advertisements is prohibited on or over the Protected
<br /> Property, except to state the name of the property and its farmland status, including its easement status, the name
<br /> and address of the occupant, to advertise an on-site activity, and to advertise the property for sale or rent, as
<br /> allowed by all applicable Orange County zoning, subdivision and building code regulations. Grantor shall be
<br /> permitted to erect no trespassing signs,traffic or directional signs or warning signs as may be expedient and to post
<br /> the property.
<br /> ARTICLE III.RIGHTS AND RESPONSIBILITIES RETAINED BY GRANTOR
<br /> Notwithstanding any provisions of this Easement to the contrary, the Grantor reserves to and for themselves and their
<br /> successors all customary rights and privileges of ownership, including the rights to sell, lease, and devise the Protected
<br /> Property, together with any rights not specifically prohibited by or limited by this Easement, and consistent with the
<br /> section 1.1., "Statement of Purpose". Unless otherwise specified below,nothing in this Easement shall require the
<br /> Grantor to take any action to restore the condition of the Protected Property after any Act of God or other event over
<br /> which they have no control. Grantor understands that nothing in this Easement relieves them of any obligation or
<br /> restriction on the use of the Protected Property imposed by law. All activities permitted in this Conservation Easement
<br /> shall be conducted in a manner consistent with the terms of this Conservation Easement that minimizes impairment of and
<br /> interference with the Conservation Values, and is in accordance with applicable federal, state and local regulations.
<br /> 3.1. Agricultural Production. Grantor retains the right to use the Protected Property for agricultural production or to
<br /> permit others to use the Protected Property for agricultural production, in accordance with applicable law and in
<br /> accordance with NRCS Conservation Plan.
<br /> As used herein"agricultural production"means any use consistent with the definitions contained in North Carolina
<br /> General Statute§106-581.1 including but not limited to the production,processing, storage, or retail marketing of
<br /> crops, livestock and livestock products. For purposes hereof, crops, livestock, and livestock products include,but
<br /> are not limited to:
<br /> (a) Crops commonly found in the community surrounding the Protected Property;
<br /> (b) Field crops,including corn, soybeans, small grains,hay,potatoes, cotton,tobacco,herbs, and dry beans;
<br /> (c) Fruits,including apples,peaches, grapes, cherries,nuts and berries;
<br /> (d) Vegetables, including lettuce, tomatoes, snap beans, cabbage, carrots,beets, onions,mushrooms, and
<br /> soybeans;
<br /> (e) Horticultural specialties, seeds, Christmas trees, and flowers;production of sod or other crops where soil is
<br /> removed above tolerable limits from the farm are prohibited;
<br /> (f) Livestock and livestock products, including dairy cattle,beef cattle, sheep, swine, goats,horses,poultry, fur
<br /> bearing animals,bees,milk and other dairy products, eggs and furs;
<br /> (g) Timber,wood, and other wood products derived from trees;
<br /> 5
<br />
|