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Agenda 4-e - Resolution of Approval – Conservation Easement on Spring Crest Farm and Approval of Budget Amendment #10-B
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Agenda 4-e - Resolution of Approval – Conservation Easement on Spring Crest Farm and Approval of Budget Amendment #10-B
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6/4/2019
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Regular Meeting
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Agenda - 06-04-2019 Regular Board Meeting
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10 <br /> ARTICLE I. GENERAL <br /> 1.1. Statement of Purpose. It is the primary purpose of this Conservation Easement to enable the Protected Property to <br /> remain in agricultural use by preserving and protecting its green space,wildlife, silvicultural and agricultural soils <br /> and agricultural and silvicultural viability and productivity by limiting nonagricultural uses of the Protected <br /> Property. No activity that would significantly impair the actual or potential agricultural use of the Protected <br /> Property, or that is otherwise inconsistent with the purposes of this Conservation Easement shall be permitted. To <br /> the extent that the preservation and protection of the natural,historic,recreational,habitat or scenic values <br /> referenced in this Easement are consistent with the primary purposes stated above, it is within the purpose of this <br /> Easement to also protect those values, and no activity that would significantly impair those values shall be <br /> permitted. <br /> The provisions of this Conservation Easement and associated exhibits will not be interpreted to restrict the types of <br /> agricultural operations that can function on the Protected Property, so long as the agricultural operations are <br /> consistent with the long-term viability of the Protected Property,Agriculture Conservation Plan and conservation <br /> easement purposes, and do not violate federal or state laws, including federal drug laws. No uses will be allowed <br /> that decrease the conservation easement protection for the agricultural use and future viability, and related <br /> conservation values of the Protected Property. The production,processing, and marketing of agricultural crops and <br /> livestock is allowed provided it is conducted in a manner consistent with the terms of the Agricultural <br /> Conservation Plan. <br /> 1.2. Perpetual Duration. This Conservation Easement over the Protected Property as further described in Exhibit A, <br /> shall be perpetual. It is an easement in gross,runs with the land and is enforceable by Grantee against Grantor as <br /> provided herein, and against Grantor's representatives, successors, assigns, leases,agents and licensees. <br /> 1.3. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement,the parties <br /> agree that all development rights appurtenant to the Protected Property are hereby released,terminated and <br /> extinguished, and may not be used on or transferred to any portion of the Protected Property as it now or hereafter <br /> may be bounded or described,or used or transferred to any other property adjacent or otherwise,nor used for the <br /> purpose of calculating permissible lot yield of the Protected Property or any other property by anyone including the <br /> Grantor and Grantee. <br /> 1.4. Compliance with other Re u�ry Requirements. The Grantor is responsible for complying with all additional <br /> permits or regulation to use or develop the Protected Property under the terms of this Easement, including Orange, <br /> State of North Carolina or Federal requirements,regardless of any reserved rights or permissions contained in this <br /> Easement Document. <br /> ARTICLE II.PROHIBITED AND RESTRICTED ACTIVITIES <br /> Any activities inconsistent with the purposes of this Conservation Easement are prohibited. The terms and conditions of <br /> this easement run with the land and are binding upon the Grantor and Grantee and their respective heirs, successors, <br /> agents, assigns,lessees, and any other person claiming under them must comply with all terms and conditions of this <br /> Conservation Easement,including the following: <br /> 2.1. Subdivision. Separate conveyance of a portion of the Protected Property, subdivision,partitioning or dividing the <br /> Protected Property is prohibited. Grantor hereby waives any right to subdivide the protected property pursuant to <br /> 4 <br />
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