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2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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Last modified
12/7/2016 8:17:46 AM
Creation date
12/7/2016 8:14:15 AM
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BOCC
Date
12/5/2016
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
4a
Document Relationships
Agenda - 12-05-2016 - 4-a - Resolution of Approval – Conservation Easement for Persimmon Hill Farm
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\Board of County Commissioners\BOCC Agendas\2010's\2016\Agenda - 12-05-2016 - Regular Mtg.
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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, which Conservation Plan is <br /> hereinafter referred to as "the Conservation Plan." <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, and a 50-foot stream buffer, which is 25 feet <br /> wide on either side of the stream as measured from the center of the stream and perpendicular to <br /> the stream—the locations of which are identified and marked on Exhibit A. Exhibit A is a copy <br /> of a GIS rendering of the Property, the original of which will be maintained with the Baseline <br /> Documentation Report at the office of the Orange County Department of Environment, <br /> Agriculture, Parks and Recreation. <br /> The aforementioned stream buffers shall be maintained in their natural condition and <br /> restricted from any development that would impair or interfere with the Conservation Values of <br /> the Property. <br /> S. Right to Privacy <br /> Grantors retain 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 or to the Property. <br /> 6. Right to Use the Property for Customary Rural Enterprises <br /> Grantors retain the right to use the portion of the Property within the"Farmstead Area' <br /> (which contains three acres) as identified on Exhibit A, and more particularly described in the <br /> Baseline Documentation 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 a) consistent with Orange County <br /> zoning regulations and permits required by and issued by Orange County under its laws and <br /> ordinances as they exist now and as they may be amended from time to time, and b) are <br /> conducted in buildings otherwise permitted under this Conservation Easement in a manner that is <br /> consistent with the conservation purposes of this Conservation Easement, and c) are subordinate <br /> to the agricultural and residential use of the Property. Conducting customary rural enterprises on <br /> any other part of the Property is not permitted without the advance written permission of the <br /> Grantee in each instance. Grantee shall not give such permission unless the Grantee determines <br /> that the proposed use will not diminish or impair the Conservation Values of the Property. <br /> Page 6 of 18 <br />
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