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Agenda - 11-16-2004-6a
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Agenda - 11-16-2004-6a
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Last modified
4/22/2013 4:31:18 PM
Creation date
8/29/2008 10:26:05 AM
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BOCC
Date
11/16/2004
Document Type
Agenda
Agenda Item
6a
Document Relationships
Minutes - 20041116
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2004
RES-2004-081 Approval & Acceptance of Grant-Agricultural Conservation Easement with Ira & Hazel Ward
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2004
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Draft 11 -10 -04 9 <br />Easement and written notice is provided to Grantee, together with any rights not specifically <br />prohibited by or limited by this Conservation Easement, and 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 control. Grantors understand that nothing in this <br />Deed relieves them of any obligation or restriction on the use of the Property imposed by law. <br />4. Right to Farm <br />Grantors retain the right to farm, or to permit others to farm the Property, consistent with <br />the conservation values of the Property and in accordance with applicable local, state and federal <br />laws and regulations. <br />Subject to the terms of this Agricultural Conservation Easement, farming, grazing, <br />horticultural and animal husbandry operations are permitted only if conducted consistent with <br />Best Management Practices promulgated by the State of North Carolina and in conformity with a <br />Conservation Plan as required in Paragraph 9 of this Conservation Easement. <br />Cattle and other livestock are allowed to exist and to graze on the Property, except within <br />a 30 -foot stream buffer —the location of which is identified and marked on Exhibit B, attached <br />hereto and incorporated herein. Exhibit B is a copy of a GIS rendering of the Property, the <br />original of which will be maintained with the Baseline Report at the office of the Orange County <br />Environment and Resource Conservation Department. Fencing intended to keep cattle and other <br />livestock out of the 30 -foot stream buffer shall be installed no later than six months after the <br />signing of this Conservation Easement. <br />Right to Privacy <br />Grantors retain the night 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 />G. Right to Use the Property, for Customary Rural Ente?pii.ses <br />Grantors retain the right to use the portion of the Property within the "Farmstead Area" <br />(which contains approximately three 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, or educational <br />programs so long as such activities are consistent with Orange County zoning regulations and <br />permits required by and issued by Orange County under its laws and ordinances, and 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. Conducting customary <br />rural enterprises on any other part of the Property is not permitted without the advance written <br />permission of Grantee in each instance. Grantee shall not give such permission unless Grantee <br />determines that the proposed use will not diminish or impair the conservation values of the <br />Property. <br />
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