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Agricultural easement and Warranty Deed - Fickle Creek Farm
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Agricultural easement and Warranty Deed - Fickle Creek Farm
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Last modified
3/14/2018 2:14:21 PM
Creation date
3/14/2018 2:10:35 PM
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Template:
BOCC
Date
12/8/2017
Meeting Type
Work Session
Document Type
Easements
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I �pV(I�',I�IIJ�I;�llll II VitlllYlll <br />R36400 46 5122 <br />2, S'latepnent ()J'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 froin 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 priniary purposes stated above, it is within the purpose ofthis <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 fights 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 lie 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 ;faun, or to permit others to farm the Property, consistent with <br />the Conservation Values ofthe Property and in accordance with applicable local, state and <br />federal laws and regulations. <br />Subject to the terms of this Conservation Easement, fanning, 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 hereinafter <br />referred to as ``the Conservation Plan." <br />Page 5 of 18 <br />
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