Orange County NC Website
11 <br /> Hill CE Draft 11/16/2017 <br /> 2. Statement of Purpose <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 /> 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 /> 3. Rights and Responsibilities Retained by Grantor <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 /> 4. Right to Farm <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 /> 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 /> Page 5 of 18 <br />