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Agenda - 09-04-2018 8-g - Ratification – Conservation Easement for Tunnel’s End Horse Farm
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Agenda - 09-04-2018 8-g - Ratification – Conservation Easement for Tunnel’s End Horse Farm
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BOCC
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9/4/2018
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Regular Meeting
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Agenda
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8-g
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Agenda - 09-04-2018 Regular Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2018\Agenda - 09-04-2018 Regular Meeting
Minutes 09-04-2018
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\Board of County Commissioners\Minutes - Approved\2010's\2018
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Orange County, NC 20180815000156930 Bk: 6509 Pg: 101 6 / 20 <br />iIt, <br />Cattle and other livestock are allowed to exist and to graze on the Property, except within <br />a 100- foot -wide stream buffer, which is 50 feet wide on either side of the stream as measured <br />from the center of the stream and perpendicular to the stream, the location of which is identified <br />and marked on Exhibit A. Exhibit A is a copy of a GIS rendering of the Property, the original of <br />which will be maintained with the Baseline Documentation Report at the office of the Orange <br />County Department of Environment, Agriculture, Parks and Recreation. <br />The aforementioned stream buffer shall be maintained in its natural condition and <br />restricted from any development that would impair or interfere with the Conservation Values of <br />the Property. <br />S. Right to Privacy <br />Grantor retains the right to privacy and the right to exclude any member of the public <br />from trespassing on the Property. This Conservation Easement does not create any rights of the <br />public in, on or to the Property. <br />6 Right to Use the Property for Customary Rural Enterprises <br />Grantor retains the right to use the portion of the Property within the "Farmstead Area" <br />(which contains 3.7 acres) as identified on Exhibit A, and more particularly described in the <br />Baseline Documentation Report, for otherwise lawful and customary rural enterprises, such as, <br />but not limited to, farm machinery repair, sawmill, firewood distribution, bed and breakfast, farm <br />stand, or educational programs so long as such activities are a) consistent with Orange County <br />zoning regulations and permits required by and issued by Orange County under its laws and <br />ordinances as they exist now and as they may be amended from time to time, and b) are <br />conducted in buildings otherwise permitted under this Conservation Easement in a manner that is <br />consistent with the conservation purposes of this Conservation Easement, and c) are subordinate <br />to the agricultural and residential use of the Property. Conducting customary rural enterprises on <br />any other part of the Property is not permitted without the advance written permission of the <br />Grantee in each instance. Grantee shall not give such permission unless the Grantee determines <br />that the proposed use will not diminish or impair the Conservation Values of the Property. The <br />parties expressly agree that enterprises that market petroleum or chemical products are <br />prohibited, and that commercial feed lots for cattle or other meat animals are also prohibited. <br />7. Procedure to Construct Buildings and Other Improvements <br />The Grantor's rights to construct or reconstruct buildings and other improvements are <br />described in subparagraphs (a) through (f) below. Any construction or reconstruction not <br />permitted below is prohibited. Before undertaking any construction or reconstruction that <br />requires advance permission, the Grantor shall notify the Grantee and obtain written permission. <br />All construction or reconstruction is subject to Orange County zoning regulations and must be <br />consistent with permits required by and issued by Orange County under its laws and ordinances <br />as they exist now and as they may be amended from time to time for such construction activities. <br />Page 6 of 20 <br />
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