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Agenda - 10-05-2004-6c
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Agenda - 10-05-2004-6c
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Last modified
9/2/2008 2:24:50 AM
Creation date
8/29/2008 10:24:34 AM
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BOCC
Date
10/5/2004
Document Type
Agenda
Agenda Item
6c
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RES-2004-070 Agricultural & Watershed Protection Conservation Easement -William McPherson Farm
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\Board of County Commissioners\Resolutions\2000-2009\2004
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Draft #4 clean (9/14/04) <br />15 <br />Easement and written notice is provided to Grantee, together with any rights not specifically <br />prohibited by or limited by this Conservation Easement, acrd consistent with this Conservation <br />Easement. Unless otherwise specified below, nothing in this Conservation Easement shall <br />require the Grantors to take any action to restore the condition of the Property after any Act of <br />God or other event over which they had no opportunity to control or prevent, Grantors <br />understand that nothing in this Deed of Conservation Easement relieves them of any obligation <br />or restriction on the use of the Property imposed bylaw.. <br />4. Right to Far•nt <br />Except as specific activities maybe prohibited herein, Grantors retain the right to fazm, or <br />to permit others to fazm the Property, consistent with the conservation values of'the Property and <br />in accordance with 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 aze permitted only if conducted consistent with Best Management <br />Practices promulgated by the State of North Cazolina 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 />Cattle and other livestock are allowed to exist and to graze on the Property, except within <br />the Conservation Corridor identified and marked on Exhibit B, and hereinafter referred to as the <br />"Conservation Corridor." <br />S. Right of Access to Conservation Easerent; Duty to Respect Grantors' Pr°ivacy <br />The parties Grantee and their successors and assigns shall have the right of access over <br />the Property from the public road provided they shall be responsible to Grantors and their <br />successors and assigns to repair or pay for the repair of any parts of the Property damaged in the <br />exercise of this right of access. <br />Grantors retain the right to privacy and the right to exclude any other member of the <br />public frorn trespassing on the Property. This Conservation Easement does not create any rights <br />of the public in, on or to the Property. <br />6. Right to Use the Property for Customary Rural Enterprises <br />Grantors retain the right to use the portion of the Property within the "Farmstead Area" <br />(which contains approximately 2 acres) as identified on Exhibit B, and more particularly <br />described in the Baseline Report, for otherwise lawful and customary rural enterprises, such as, <br />but not limited to, farm machinery repair, sawmill, firewood distribution, bed and breakfast, or <br />educational programs so long as such activities are consistent with Orange County zoning <br />regulations and permits required by and issued by Orange County under its laws and ordinances, <br />and aze conducted in buildings otherwise permitted under this Conservation Easement in a <br />manner that is consistent with the conservation purposes of this Conservation Easement. <br />
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