Agenda - 09-12-2006-6c - Laserfiche WebLink

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McKee Agricultural Conservation Easement Draft #A (BOCC) 10 4, Right to Farm Grantors retain the right to farm, or to permit others to farm the Property, consistent with the conservation valves of the Property and in accordance with applicable local, state and federal laws and regulations. Subject to the terms of this Agricultural Conservation Easement, farming, grazing, horticultural and animal husbandry operations, and "Agri-tainment" activities 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. For purposes herein, the term "Agri-tainment" shall be broadly defined to mean those farming activities and traditional rural activities enjoyed by the public including, but not limited to: hayrides, petting zoos, corn mazes, community gardens, seasonal festivals, square dances, and the like that have minimal negative impacts upon the environment and the conservation values of the property and are limited to "de minimis" access to and uses of the Property. Internal Revenue Code Section 203.1(c)(8)(b) Cattle and other livestock are allowed to exist and to graze on the Property, but only outside of the "Primary Conservation Corridor" and the "Secondary Conservation Corridor"-the location of which is identified and marked on Exhibit B, attached hereto and incorporated herein. Exhibit B is a copy of a GIS rendering of the Property, the original of which will be maintained with the Baseline Report at the off ce of the Orange County Environment and Resource Conservation Department. S. Right to Privacy Grantors retain the right to privacy and the right to exclude any member of the public from trespassing on the Property, except there is hereby granted to Grantee a pedestrian easement for a future North Carolina Mountains to Sea pedestrian trail corridor, which corridor is shown on Exhibit B, and as described in Paragraph 7(e). With the exception of the North Carolina Mounts to Sea trail corridor, this Conservation Easement does not create any rights of the public in, on or to the Property.. 6. Right to Use the Property for Custontar~}~ Rzn•al Eraternrises Grantors retain the right to use the portion of the Property within the "Farnrstead Area" (which contains approximately five acres) as identified on Exhibit B, and more particularly described in the Baseline Report, for otherwise lawful and customary rural enterprises, such as, but not limited to, farm machinery repair, sawmill, firewood distribution, for educational programs, and for an agricultural meeting/training center, so long as such activities are consistent with Orange County zoning regulations and permits required by and issued by Orange County under its laws and ordinances, and are conducted in buildings otherwise permitted under this Conservation Easement in a manner that is consistent with the conservation purposes of this Page 5 of I8