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Agenda - 06-16-20; 8-h - Resolution of Approval – Conservation Easement on Triangle Land Conservancy’s Patterson-Thornton Property
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Agenda - 06-16-20; 8-h - Resolution of Approval – Conservation Easement on Triangle Land Conservancy’s Patterson-Thornton Property
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BOCC
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6/16/2020
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Business
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Agenda
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8-h
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Agenda 06-16-20 Virtual Business Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2020\Agenda - 06-16-20 Virtual Business Meeting
Minutes 06-16-2020 Virtual Business Meeting
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\Board of County Commissioners\Minutes - Approved\2020's\2020
RES-2020-040 Resolution approving conservation easement between Orange County and Triangle Land Conservancy
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\Board of County Commissioners\Resolutions\2020-2029\2020
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Attachment 4 <br /> <br />Model Conservation Easement Revised <br /> <br />Page 4 of 21 <br /> <br />Except as otherwise reserved to Grantor in this Conservation Easement, the parties agree that <br />all development rights appurtenant to Grantor’s Property are hereby released, terminated and <br />extinguished, and may not be used on or transferred to any portion of the Property as it now or <br />hereafter may be bounded or described, or used or transferred to any other property adjacent or <br />otherwise, nor used for the purpose of calculating permissible lot yield of Grantor’s Property or any <br />other property. <br /> <br />1. PURPOSE. The purposes of this Conservation Easement are to ensure that the <br />Property will be retained forever predominantly in its natural, scenic, and forested condition; to <br />protect native plants, animals, or plant communities on the Property, while allowing traditional uses <br />on the Property that are compatible with and not destructive of the Conservation Values of the <br />Property such as selective timber harvesting and hunting; and to prevent any use of the Property that <br />will impair or interfere with the Conservation Values or interests of the Property. <br /> <br /> As authorized in the Uniform Conservation and Historic Preservation Act, N.C. Gen. Stat. § <br />121-34 et seq., this Conservation Easement is perpetual; it restricts Grantor’s property in perpetuity; <br />and it is enforceable by Grantee against Grantor and Grantor’s representatives, heirs, successors and <br />assigns, lessees, agents, and licensees. <br /> <br />Grantor will not perform, nor knowingly allow others to perform, any act on or affecting the <br />Property that is inconsistent with the purposes of this Conservation Easement. However, unless <br />otherwise specified below, nothing in this Conservation Easement shall require Grantor to take any <br />action to restore the condition of the Property after any act of nature or other event over which <br />Grantor had no control. Grantor understands that nothing in this Conservation Easement relieves <br />them of any obligation or restriction on the use of the Property imposed by law. <br /> <br />2. PROPERTY USES. Any activity on, or use of, the Property inconsistent with the <br />purposes of this Conservation Easement is prohibited. The Property shall be maintained in its <br />natural, scenic and open condition and restricted from any development that would impair or <br />interfere with the Conservation Values of the Property. Without limiting the generality of the <br />foregoing, the following is a listing of activities and uses which are expressly prohibited or which are <br />expressly allowed. Grantor and Grantee have determined that the allowed activities do not impair <br />the Conservation Values of the Property. Additional retained rights of Grantor are set forth in <br />Paragraph 3 below. <br /> <br />2.1 Subdivision. All of the Property shall be kept under the same fee simple <br />ownership. No portion of the Property shall be sold, conveyed, mortgaged, partitioned or subdivided <br />so as to create the possibility of fee simple ownership of any portion that would be separate or <br />different from the fee simple ownership of the remainder of Grantor’s Property. <br /> <br />2.2 Stream Crossings. Grantor reserves the right to construct and maintain <br />bridges or other stream crossings up to 10 feet wide, provided such crossings are connected to trails <br />10
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