Agenda 8-g - Ratification – Conservation Easement for Tunnel’s End Horse Farm

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