Agenda 06-04-2019 4-d - Resolution of Approval – Conservation Easement on Cedar Grove Windy Hill Farm and Approval of Budget Amendment #10-A

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10 ARTICLE I. GENERAL 1.1. Statement of Purpose. It is the primary purpose of this Conservation Easement to enable the Protected Property to remain in agricultural use by preserving and protecting its green space,wildlife, silvicultural and agricultural soils and agricultural and silvicultural viability and productivity by limiting nonagricultural uses of the Protected Property. No activity that would significantly impair the actual or potential agricultural use of the Protected Property, or that is otherwise inconsistent with the purposes of this Conservation Easement shall be permitted. To the extent that the preservation and protection of the natural,historic,recreational,habitat or scenic values referenced in this Easement are consistent with the primary purposes stated above, it is within the purpose of this Easement to also protect those values, and no activity that would significantly impair those values shall be permitted. The provisions of this Conservation Easement and associated exhibits will not be interpreted to restrict the types of agricultural operations that can function on the Protected Property, so long as the agricultural operations are consistent with the long-term viability of the Protected Property,Agriculture Conservation Plan and conservation easement purposes,and do not violate federal or state laws, including federal drug laws. No uses will be allowed that decrease the conservation easement protection for the agricultural use and future viability, and related conservation values of the Protected Property. The production,processing, and marketing of agricultural crops and livestock is allowed provided it is conducted in a manner consistent with the terms of the Agricultural Conservation Plan. 1.2. Perpetual Duration. This Conservation Easement over the Protected Property as further described in Exhibit A, shall be perpetual. It is an easement in gross,runs with the land and is enforceable by Grantees against Grantor as provided herein, and against Grantor's representatives, successors, assigns, leases,agents and licensees. 1.3. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement,the parties agree that all development rights appurtenant to the Protected Property are hereby released,terminated and extinguished, and may not be used on or transferred to any portion of the Protected Property as it now or hereafter may be bounded or described,or used or transferred to any other property adjacent or otherwise,nor used for the purpose of calculating permissible lot yield of the Protected Property or any other property by anyone including the Grantor and Grantees. 1.4. Compliance with other RePul�ry Requirements. The Grantor is responsible for complying with all additional permits or regulation to use or develop the Protected Property under the terms of this Easement, including Orange, State of North Carolina or Federal requirements,regardless of any reserved rights or permissions contained in this Easement Document. ARTICLE II.PROHIBITED AND RESTRICTED ACTIVITIES Any activities inconsistent with the purposes of this Conservation Easement are prohibited. The terms and conditions of this easement run with the land and are binding upon the Grantor and Grantees and their respective heirs, successors, agents, assigns,lessees, and any other person claiming under them must comply with all terms and conditions of this Conservation Easement,including the following: 2.1. Subdivision. Separate conveyance of a portion of the Protected Property, subdivision,partitioning or dividing the Protected Property is prohibited. Grantor hereby waives any right to subdivide the protected property pursuant to North Carolina General Statute 106-744(b)(1). Even if the Protected Property consists of more than one parcel for 4