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Fickle Creek Farm Conservation Easement Draft BOCC Jan 22 12
<br />not impact the protection and conservation of any animal habitat or other conservation values of
<br />the Property. However, under no circumstances shall golf courses, golf ranges, airstrips, or
<br />helicopter pads be constructed, placed, or permitted to remain on the Property.
<br />69 Utility Services and Septic Systems — Installation, maintenance, repair,
<br />replacement, removal, and relocation of electric, gas, and water facilities, sewer lines and/or
<br />other public or private utilities, including telephone or other communication services over or
<br />under the Property for the purpose of providing electrical, gas, water, sewer, or other utilities to
<br />serve improvements on the Property permitted herein, and the right to grant easements over and
<br />under the Property for such purposes, is permitted. Grantors shall not permit or grant easements
<br />for utility transmission or distribution facilities or systems without the written consent of the
<br />Grantee. Maintenance, repair or improvement of a septic system(s) or other underground sanitary
<br />system that exists on the Property at the time of this Conservation Easement, or the construction
<br />of a septic or other underground sanitary system, for the benefit of any of the improvements
<br />permitted herein, is permitted. All other utilities are prohibited on the Property including, but not
<br />limited to, cellular communication towers or structures. [Grantors wants to reserve the right
<br />to allow co- location of cellular communication infrastructure on existing towers within
<br />Duke power line ROW; as long as it results in no net loss of farmland. NRCS has
<br />approved; County to add language to that affect.]
<br />8. Subdivision
<br />The Property currently consists of a single tract of land. The subdivision of the Property,
<br />including its partition, is prohibited except as may be required by Orange County to enable the
<br />construction of the farm support dwelling provided for in Paragraph 7(c). In the event a farm
<br />support dwelling is constructed that requires Orange County subdivision approval, the
<br />subdivided lot shall, so long as this Conservation Easement is applicable to the Property, remain
<br />in the same ownership as the parent parcel from which the farm support dwelling lot is divided
<br />so that if conveyed the tenant housing, farmstead area, and parent parcel remain together as one
<br />parcel. This prohibition applies regardless of how many separately described parcels are
<br />contained in the legal description attached as Exhibit A. In any event, all terms, restrictions, and
<br />conditions of this Conservation Easement shall apply to any subdivided parcel permitted by the
<br />terms of this Conservation Easement, including but not limited to the requirements of
<br />agricultural viability of the Property, the restrictions on future development, the impervious
<br />surface limits on the Property as described in Paragraph 7(b) of this Conservation Easement, the
<br />necessity of a Conservation Plan, and the prohibition on activities that are described in this
<br />Conservation Easement. It is understood that notice of this Conservation Easement will be
<br />included in any instrument recorded that subdivides, partitions or otherwise divides parcels.
<br />9. Conservation Practices
<br />As required by Section 1238 I of the Food Security Act of 1985, as amended, the
<br />Grantors, their heirs, successors, or assigns, shall conduct all agricultural operations on the
<br />Property in a manner consistent with a Conservation Plan prepared in consultation with MRCS
<br />and approved by the Orange County Soil and Water Conservation District. This Conservation
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