Agenda - 06-16-20; 8-h - Resolution of Approval – Conservation Easement on Triangle Land Conservancy’s Patterson-Thornton Property

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Attachment 4 Model Conservation Easement Revised Page 7 of 21 2.14 Extinguishment of Development Rights. Except as otherwise reserved to Grantor in this Conservation Easement, the parties agree that all development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of Grantor’s 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 Property or any other property. 2.15 Stream Buffer Zone. Grantor and Grantee have designated a stream buffer area as legally described in Exhibit B, attached hereto and incorporated herein (“Stream Buffer Zone”). Commercial forestry, passive recreation, agricultural, horticultural and animal husbandry operations, grazing, predator control, timber removal, cutting, logging, and mowing or other disturbance or interference of native plants are prohibited within the Stream Buffer Zone, except selective cutting or clearing of vegetation for fire protection. Hunting and fishing is permitted pursuant to applicable rules and regulations. Within the Stream Buffer Zone there shall be no activities, pollution or surface alteration of any kind that would be detrimental to water purity or that would alter natural water levels, drainage, sedimentation and/or flow in or over the Property or into any surface waters, or cause soil degradation or erosion, including but not limited to any sort of diking, dredging, alteration, draining, filling or removal of wetlands, agricultural practices or timber management. Furthermore, prior to engaging in any activity outside of the Stream Buffer Zone that may result in the degradation of the Stream Buffer Zone, Grantor agrees to consult with Grantee and/or appropriate governmental agencies to ensure that any potential degradation is avoided or minimized. Construction of roads, trails, and paths on the Property within the Stream Buffer Zone is prohibited, except for (1) the maintenance of those unpaved paths that exist as of the date of this Conservation Easement as described in the Baseline Documentation Report, and (2) construction and maintenance of primitive foot paths limited to single file pedestrian traffic. Any unpaved paths may not be widened or covered with asphalt or other impervious materials. For the purposes of this Conservation Easement, gravel shall not be considered an impervious material. Construction of buildings, structures, and improvements (including but not limited to minor structures and fences) within the Stream Buffer Zone is prohibited. 3. ADDITIONAL RIGHTS RETAINED BY GRANTOR. Grantor retains the following additional rights: (a) Existing Uses. The right to undertake or continue any activity or use of the Property not prohibited by this Conservation Easement. Prior to making any change in use of the Property, Grantor shall notify Grantee in writing to allow Grantee a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement. (b) Transfer. The right to sell, give, mortgage, lease, or otherwise convey the Property subject to the terms of this Conservation Easement. 13