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Agenda 02-01-22; 6-a - Resolution of Approval – Conservation Easement on Draper-Savage Memorial Foundation (Moorefields) and Approval of Budget Amendment #7-A
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Agenda 02-01-22; 6-a - Resolution of Approval – Conservation Easement on Draper-Savage Memorial Foundation (Moorefields) and Approval of Budget Amendment #7-A
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2/1/2022
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6-a
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Agenda for February 1, 2022 BOCC Meeting
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34 <br /> Model Conservation Easement Revised <br /> 2. PROPERTY USES. Any activity on, or use of, the Property inconsistent with the <br /> purposes of this Conservation Easement is prohibited. All property uses identified within this <br /> conservation easement are outside of the NCLWF Easement identified and marked on the <br /> recorded Plat for this Conservation Easement and on Exhibit B, the original of which will be <br /> included in the Baseline Documentation Report. The Property shall be maintained in its <br /> agricultural,natural, scenic and open condition and restricted from any development that would <br /> impair or interfere with the conservation values of the Property. Without limiting the generality <br /> of the foregoing, the following is a listing of activities and uses which are expressly prohibited or <br /> which are expressly allowed. Grantor and Grantees have determined that the allowed activities <br /> do not impair the conservation values of the Property. Additional retained rights of Grantor are <br /> set forth in Paragraph 3 below. <br /> 2.1 Subdivision and Conveyance. The Easement Area consists of three tax <br /> parcels which are described in Exhibit A. The Easement Area shall not be further divided, <br /> subdivided, or partitioned to establish additional parcels. Any future conveyance of the fee <br /> simple interest on the Easement Area shall be subject to this Conservation Easement. <br /> Furthermore, the Easement Area shall be kept under the same fee simple ownership. Grantor <br /> agrees for itself, its successors and assigns, that in the event it transfers the Easement Area, such <br /> transfer is subject to the Grantees' right of ingress, egress, and regress over and across the <br /> Easement Area for the purposes set forth herein. <br /> 2.2 Right to Privacy. Grantor retains the right to privacy and the right to <br /> exclude any member of the public from trespassing on the Property. This Easement is not <br /> intended to create any rights of the public in, on or to the Property except by way of the NC <br /> Mountains-to-Sea Trail corridor which the location is identified on the Plat for this Conservation <br /> Easement. <br /> 2.3 Construction. The Grantor's rights to construct or reconstruct buildings <br /> and other improvements are described in subparagraphs (a)through (e)below. Any construction <br /> or reconstruction that requires advanced permission; the Grantor shall notify Grantee and obtain <br /> written permission. All construction or reconstruction is subject to Orange County zoning <br /> regulations and must be consistent with permits required by and issued by Orange County under <br /> its laws and ordinances for such construction activities. <br /> (a) Fences—Existing fences may be repaired and replaced, and new fences <br /> may be built on the Property to identify property boundaries, for purposes <br /> and customary management of livestock and wildlife, to protect or restore <br /> the historical character of the Property, or to delineate the North Carolina <br /> Mountains-to-Sea Trail corridor identified in Exhibit B without any <br /> further permission of Grantees. <br /> (b) Paving and Road Construction - Construction and maintenance of <br /> unpaved farm roads and roads associated with the Moorefields Home and <br /> Page 6 of 22 <br />
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