Agenda - 12-05-2016 - 4-a - Resolution of Approval – Conservation Easement for Persimmon Hill Farm

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11 Persimmon Hill Farm Conservation Easement(Bennett/Pelissier) Subject to the terms of this Conservation Easement, farming, grazing, horticultural and animal husbandry operations are permitted only if conducted consistent with Best Management Practices promulgated by the State of North Carolina and in conformity with a Conservation Plan as required in Paragraph 9 of this Conservation Easement, which Conservation Plan is hereinafter referred to as "the Conservation Plan." Cattle and other livestock are allowed to exist and to graze on the Property, except within a 100-foot stream buffer, which is 50 feet wide on either side of the stream as measured from the center of the stream and perpendicular to the stream, and a 50-foot stream buffer, which is 25 feet wide on either side of the stream as measured from the center of the stream and perpendicular to the stream—the locations of which are identified and marked on Exhibit A. Exhibit A is a copy of a GIS rendering of the Property, the original of which will be maintained with the Baseline Documentation Report at the office of the Orange County Department of Environment, Agriculture, Parks and Recreation. The aforementioned stream buffers shall be maintained in their natural condition and restricted from any development that would impair or interfere with the Conservation Values of the Property. 5. Right to Privacy Grantors retain the right to privacy and the right to exclude any member of the public from trespassing on the Property. This Conservation Easement does not create any rights of the public in, on or to the Property. 6. Right to Use the Property for Customary Rural Enterprises Grantors retain the right to use the portion of the Property within the "Farmstead Area" (which contains three acres) as identified on Exhibit A, and more particularly described in the Baseline Documentation Report, for otherwise lawful and customary rural enterprises, such as, but not limited to, farm machinery repair, sawmill, firewood distribution, bed and breakfast, farm stand, or educational programs so long as such activities are a) consistent with Orange County zoning regulations and permits required by and issued by Orange County under its laws and ordinances as they exist now and as they may be amended from time to time, and b) are conducted in buildings otherwise permitted under this Conservation Easement in a manner that is consistent with the conservation purposes of this Conservation Easement, and c) are subordinate to the agricultural and residential use of the Property. Conducting customary rural enterprises on any other part of the Property is not permitted without the advance written permission of the Grantee in each instance. Grantee shall not give such permission unless the Grantee determines that the proposed use will not diminish or impair the Conservation Values of the Property. 7. Procedure to Construct Buildings and Other Improvements Page 6 of 18