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Agenda - 05-15-2007-3b
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Agenda - 05-15-2007-3b
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Last modified
9/1/2008 10:57:05 PM
Creation date
8/28/2008 11:49:04 AM
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BOCC
Date
5/15/2007
Document Type
Agenda
Agenda Item
3b
Document Relationships
Minutes - 20070515
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
RES-2007-038 Resolution of Approval – Conservation Easement for the Lee Farm
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2007
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Lee Farm Conservation Easement BOCC Draft <br />easement is an immediately vested interest in real property the nature and character described <br />herein. Grantors promise that they will not perform, nor knowingly allow others to perform, any <br />act on or affecting the Property that is inconsistent with the covenants herein. Grantors authorize <br />the Grantee to enforce these covenants in the manner described below. <br />2. Statement of Purpose <br />It is the primary purpose of this Agricultural Conservation Easement to enable the <br />Property to remain in agricultural use by preserving and protecting its agricultural soils and <br />agricultural viability and productivity. Except as specifically permitted herein, no activity that <br />would impair the actual or potential agricultural use of the Property shall be permitted. To the <br />extent that the preservation and protection of the natural, historic; recreational, habitat, or scenic <br />values referenced in this Conservation Easement are consistent with the primary purposes stated <br />above, it is within the purpose of this Conservation Easement to also protect those values, and no <br />activity that would significantly impaix those values shall be permitted. <br />This Conservation Easement shall be perpetual. It is an easement in gross, runs with the <br />land, and is enforceable by Grantee against the Grantors, their representatives, heirs, successors <br />and assigns, lessees, agents, and licensees. <br />3. Rights and Responsibilities Retained by Grantors <br />Notwithstanding any provisions of this Conservation Easement to the contrary, the <br />Grantors reserve to and for themselves and their successors all customary rights and privileges of <br />ownership, including the rights to sell, lease, and devise the Property provided such transaction is <br />subject to the terms of this Conservation Easement and written notice is provided to Grantee, <br />together with any rights not specifically prohibited by or limited by this Conservation Easement, <br />and consistent with this Conservation Easement. Unless otherwise specified below, nothing in <br />this Conservation Easement shall require the Grantors to take any action to restore the condition <br />of the Property after any natural disaster or other event over which they had no control. Grantors <br />understand that nothing in this Deed relieves them of any obligation or restriction on the use of <br />the Property imposed by law. <br />4. Right to Farm <br />Grantors retain the right to farm, or to permit others to farm the Property, consistent with <br />the conservation values of the Property and in accordance with applicable local, state, and federal <br />laws and regulations. <br />Subject to the terms of this Agricultural Conservation Easement, farming, grazing, <br />horticultural, and animal husbandry operations are permitted only if conducted consistent with <br />Best Management Practices promulgated by the State of North Carolina and in conformity with a <br />Conservation Plan as required in Paragraph 9 of this Conservation Easement. <br />Page 4 of 17 <br />
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