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Agenda - 11-15-2022; 8-f - Amendment to the Persimmon Hill Farm (Bennett-Pelissier) Conservation Easement
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Agenda - 11-15-2022; 8-f - Amendment to the Persimmon Hill Farm (Bennett-Pelissier) Conservation Easement
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11/10/2022 2:51:42 PM
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BOCC
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11/15/2022
Meeting Type
Business
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Agenda
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8-f
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Agenda for November 15, 2022 BOCC Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 11-15-2022 Business Meeting
Minutes 11-15-2022 Business Meeting
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\Board of County Commissioners\Minutes - Approved\2020's\2022
OTHER-2022-061 CrowdStrike contract
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Path:
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13 <br /> Easement, that are now or hereafter inherent in the Property. The parties agree that such <br /> development rights are now terminated and extinguished, and may not be used on or transferred <br /> to any other property adjacent or otherwise,nor used for the purpose of calculating permissible <br /> lot yield of the Property or any other property by anyone or any entity, including the Grantee. <br /> 2. Statement of Purpose <br /> The primary purposes of this Conservation Easement are to enable the Property to remain <br /> in agricultural use by preserving and protecting its agricultural soils and agricultural viability and <br /> productivity, and to protect the wetlands,riparian areas and surface waters associated with the <br /> streams tributary to South Hyco Creek from the risk of adverse impacts arising from use or <br /> development of the Property contrary to the provisions of this Conservation Easement. Except as <br /> specifically permitted herein, no activity that would impair the actual or potential agricultural use <br /> of the Property shall be permitted. Likewise, any activity that would risk causing adverse impact <br /> to any stream tributary to South Hyco Creek is prohibited. To the extent that the preservation and <br /> protection of the other natural, historic,recreational, habitat, or scenic values referenced in this <br /> Conservation Easement are consistent with the primary purposes stated above, it is within the <br /> purpose of this Conservation Easement to also protect those values, and no activity that would <br /> significantly impair those values shall be permitted. <br /> As authorized in the Uniform Conservation and Historic Preservation Act, N.C. Gen. <br /> Stat. § 121-34 et seq., this Conservation Easement is perpetual; it restricts the Grantors' Property <br /> in perpetuity; and it is enforceable by the Grantee against the Grantors, its representatives, heirs, <br /> successors and assigns, lessees, agents, and licensees. <br /> 3. Rights and Responsibilities Retained by Grantors <br /> Notwithstanding any provisions of this Conservation Easement to the contrary, the <br /> Grantors reserve to and for themselves and their successors all customary rights and privileges of <br /> ownership, including the rights to sell, lease, and devise the Property provided such transaction is <br /> subject to the terms of this Conservation Easement and written notice is provided to the Grantee, <br /> together with any rights not specifically prohibited by or limited by this Conservation Easement, <br /> and consistent with this Conservation Easement. Unless otherwise specified below, nothing in <br /> this Conservation Easement shall require the Grantors to take any action to restore the condition <br /> of the Property after any natural disaster or other event over which he had no control. Grantors <br /> understand that nothing in this Deed relieves them of any obligation or restriction on the use of <br /> 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 with <br /> the Conservation Values of the Property and in accordance with applicable local, state and <br /> federal laws and regulations. <br /> Page 5 of 18 <br />
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