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Agenda - 12-18-2018 8-c - Resolution of Approval – Conservation Easement on Walker Farm and Approval of Budget Amendment #4-A
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Agenda - 12-18-2018 8-c - Resolution of Approval – Conservation Easement on Walker Farm and Approval of Budget Amendment #4-A
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BOCC
Date
12/18/2018
Meeting Type
Regular Meeting
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Agenda
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8-c
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Agenda - 12-18-2018 Special Board Meeting (individual items from CANCELED meeting 12-11-2018)
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\Board of County Commissioners\BOCC Agendas\2010's\2018\Agenda - 12-18-2018 Special Meeting (items deferred from 12-11-2018)
Minutes 12-18-2018 special meeting regular
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\Board of County Commissioners\Minutes - Approved\2010's\2018
ORD-2018-036 Approval of Budget Amendment #4-A
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2018
RES-2018-084 Resolution to approve conservation easement for Norman Walker
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\Board of County Commissioners\Resolutions\2010-2019\2018
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11 <br /> 2. Statement of Purpose <br /> The primary purposes of this Conservation Easement are to enable the Protected Property <br /> to remain in agricultural use by preserving and protecting its agricultural soils and agricultural <br /> viability and productivity, and to protect the riparian areas and surface waters associated with the <br /> stream tributary to North Fork Little River and North Fork Little River from the risk of adverse <br /> impacts arising from use or development of the Protected Property contrary to the provisions of <br /> this Conservation Easement. Except as specifically permitted herein, no activity that would <br /> impair the actual or potential agricultural use of the Protected Property shall be permitted. <br /> Likewise, any activity that would risk causing adverse impact to the stream tributary to North <br /> Fork Little River or North Fork Little River is prohibited. To the extent that the preservation and <br /> protection of the other natural, historic, recreational, habitat, or scenic values referenced in this <br /> Conservation Easement are consistent with the primary purposes stated above, it is within the <br /> purpose of this Conservation Easement to also protect those values, and no activity that would <br /> significantly 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 Grantees against the Grantor, their representatives, <br /> heirs, 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 Protected Property provided such <br /> transaction is subject to the terms of this Conservation Easement and written notice is provided <br /> to the Grantees, together with any rights not specifically prohibited by or limited by this <br /> Conservation Easement, and consistent with this Conservation Easement. Unless otherwise <br /> specified below, nothing in this Conservation Easement shall require the Grantor to take any <br /> action to restore the condition of the Protected Property after any natural disaster or other event <br /> over which he had no control. Grantor understands that nothing in this Deed relieves them of <br /> any obligation or restriction on the use of the Protected Property imposed by law. <br /> 4. Right to Farm <br /> Grantor retains the right to farm, or to permit others to farm the Protected Property, <br /> consistent with the Conservation Values of the Protected Property and in accordance with <br /> applicable local, state and 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 19 <br />
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