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Fickle Creek CE Attachment 4 Draft 9/19/2017 <br />Page 5 of 18 <br />to any other property adjacent or otherwise, nor used for the purpose of calculating permissible <br />lot yield of the Property or any other property by anyone or any entity, including the Grantee. <br /> <br />2. Statement of Purpose <br /> <br />The primary purposes of this Conservation Easement are to enable the Property to remain <br />in agricultural use by preserving and protecting its agricultural soils and agricultural viability and <br />productivity, and to protect the riparian areas and surface waters associated with the stream <br />tributary to Back Creek from the risk of adverse impacts arising from use or development of the <br />Property contrary to the provisions of this Conservation Easement. Except as specifically <br />permitted herein, no activity that would impair the actual or potential agricultural use of the <br />Property shall be permitted. Likewise, any activity that would risk causing adverse impact to the <br />stream tributary to Back Creek is prohibited. To the extent that the preservation and protection of <br />the other natural, historic, recreational, habitat, or scenic values referenced in this Conservation <br />Easement are consistent with the primary purposes stated above, it is within the purpose of this <br />Conservation Easement to also protect those values, and no activity that would significantly <br />impair those values shall be permitted. <br /> <br /> As authorized in the Uniform Conservation and Historic Preservation Act, N.C. Gen. <br />Stat. § 121-34 et seq., this Conservation Easement is perpetual; it restricts the Grantor’s Property <br />in perpetuity; and it is enforceable by the Grantee against the Grantor, its representatives, heirs, <br />successors and assigns, lessees, agents, and licensees. <br /> <br />3. Rights and Responsibilities Retained by Grantor <br /> <br />Notwithstanding any provisions of this Conservation Easement to the contrary, the <br />Grantor reserves 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 the 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 Grantor to take any action to restore the condition <br />of the Property after any natural disaster or other event over which he had no control. Grantor <br />understands that nothing in this Deed relieves them of any obligation or restriction on the use of <br />the Property imposed by law. <br /> <br />4. Right to Farm <br /> <br />Grantor retains 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 <br />federal laws and regulations. <br /> <br />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 />11