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Agenda - 12-09-2003-5a
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Agenda - 12-09-2003-5a
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Last modified
9/1/2008 10:23:54 PM
Creation date
8/29/2008 10:36:43 AM
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BOCC
Date
12/9/2003
Document Type
Agenda
Agenda Item
5a
Document Relationships
Minutes - 20031209
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
RES-2003-080 Resolution of Approval and Acceptance of Grant - Agricultural Conservation Easement with Everett and Lewis Cheek
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2003
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Draft 10-1.5-03 (clean) 8 <br />2, Statement of Purpose <br />It is the primary purpose of this Agricultural Conservation Easement to enable the <br />Property to remain in agricultural use by preserving and protecting its agricultural soils and <br />agricultural viability and productivity. No activity that would significantly impair the actual or <br />potential agricultural use of the Property shall be permitted. To the extent that the preservation <br />and protection of the natural, historic, recreational, habitat or scenic values referenced in this <br />Easement are consistent with the primary purpose stated above, it is within the purpose of this <br />Easement to also protect those values, and no activity that would significantly impair those <br />values shall be permitted. <br />3. Rig/tts and Respotrsibilities Retained by Grantors <br />Notwithstanding any provisions of this Easement to the contrary, the Grantors reserve <br />to and for themselves and their successors all customary rights and privileges of ownership, <br />including the rights to sell, lease, and devise the Property, together with any rights not <br />specifically prohibited by or limited by this Easement, not inconsistent with the Statement of <br />Purpose herein, Unless otherwise specified below, nothing in this Easement shall require the <br />Grantors to take any action to restore the condition of the Property after any Act of God or <br />other event over which they had no control, Grantors understand that nothing in this Deed <br />relieves them of any obligation or restriction on the use of'the Property imposed by law. <br />4. Right to Farm <br />Grantors retain the right to farm, or to permit others to farm the Property, consistent <br />with the conservation values of the Property and in accordance with applicable local, state and <br />federal laws and regulations. <br />Subject to the prohibitions below and that referenced in Paragraph 14 hereafter, <br />farming, grazing, horticultural and animal husbandry operations are prohibited EXCEPT those <br />conducted consistent with Best Management Practices promulgated by the State of North <br />Carolina and in conformity with a Conservation Plan as required in Paragraph 10 hereafter. <br />Although traditional and existing agricultural activities shall be permitted on the Property <br />under the terms set forth herein, industrial or factory type agricultural operations or animal <br />husbandry characterized by the continuous confinement of livestock in controlled environments <br />for the purpose of raising, feeding and fattening for market and accompanying slaughtering <br />facilities shall be prohibited. <br />5. Right to Privacy <br />Grantors retain the night to privacy and the right to exclude any member of the public <br />from trespassing on the Property. This Easement is not intended to create any rights of the <br />public in, on or to the Property. <br />
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