ORD-2018-036 Approval of Budget Amendment #4-A

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Page 5 of 19 2. Statement of Purpose The primary purposes of this Conservation Easement are to enable the Protected Property to remain in agricultural use by preserving and protecting its agricultural soils and agricultural viability and productivity, and to protect the riparian areas and surface waters associated with the stream tributary to North Fork Little River and North Fork Little River from the risk of adverse impacts arising from use or development of the Protected Property contrary to the provisions of this Conservation Easement. Except as specifically permitted herein, no activity that would impair the actual or potential agricultural use of the Protected Property shall be permitted. Likewise, any activity that would risk causing adverse impact to the stream tributary to North Fork Little River or North Fork Little River is prohibited. To the extent that the preservation and protection of the other natural, historic, recreational, habitat, or scenic values referenced in this Conservation Easement are consistent with the primary purposes stated above, it is within the purpose of this Conservation Easement to also protect those values, and no activity that would significantly impair those values shall be permitted. As authorized in the Uniform Conservation and Historic Preservation Act, N.C. Gen. Stat. § 121-34 et seq., this Conservation Easement is perpetual; it restricts the Grantor’s Property in perpetuity; and it is enforceable by the Grantees against the Grantor, their representatives, heirs, successors and assigns, lessees, agents, and licensees. 3. Rights and Responsibilities Retained by Grantor Notwithstanding any provisions of this Conservation Easement to the contrary, the Grantor reserves to and for themselves and their successors all customary rights and privileges of ownership, including the rights to sell, lease, and devise the Protected Property provided such transaction is subject to the terms of this Conservation Easement and written notice is provided to the Grantees, together with any rights not specifically prohibited by or limited by this Conservation Easement, and consistent with this Conservation Easement. Unless otherwise specified below, nothing in this Conservation Easement shall require the Grantor to take any action to restore the condition of the Protected Property after any natural disaster or other event over which he had no control. Grantor understands that nothing in this Deed relieves them of any obligation or restriction on the use of the Protected Property imposed by law. 4. Right to Farm Grantor retains the right to farm, or to permit others to farm the Protected Property, consistent with the Conservation Values of the Protected Property and in accordance with applicable local, state and federal laws and regulations. Subject to the terms of this Conservation Easement, farming, grazing, horticultural and animal husbandry operations 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, which Conservation Plan is hereinafter referred to as “the Conservation Plan.” 11