Orange County NC Website
11 <br /> Easement relieves them of any obligation or restriction on the use of the Property imposed by <br /> law. <br /> 2. PROPERTY USES. Any activity on, or use of, the Property inconsistent with <br /> the purposes of this Conservation Easement is prohibited. The Property shall be maintained in <br /> its 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 <br /> which are expressly allowed. Grantors and Grantee have determined that the allowed activities <br /> do not impair the conservation values of the Property. Additional retained rights of Grantors are <br /> set forth in Paragraph 3 below. <br /> 2.1 Subdivision and Residential Use. All of the Grantors' Property shall be <br /> kept under the same fee simple ownership. No portion of the Grantors' Property shall be sold, <br /> conveyed, mortgaged, partitioned or subdivided so as to create the possibility of fee simple <br /> ownership of any portion that would be separate or different from the fee simple ownership of <br /> the remainder of the Grantor's Property. <br /> 2.2 Construction. Grantors shall have the right to construct and maintain a <br /> community garden and gathering area within the Property. Grantors may construct pathways to <br /> serve the community garden and gathering area. Any new construction shall be sited so as to <br /> cause minimal disturbance to the conservation values of the Property. The location and design of <br /> new construction shall be subject to the approval of the Grantee; Grantee agrees that if the <br /> location and design of the new building meets the above standards its approval shall not be <br /> unreasonable withheld. No other structures may be placed or constructed on the Property. <br /> Furthermore, there shall be no constructing or placing of any recreational court, airplane landing <br /> strip, billboard or other advertising display, utility pole (other than those necessary to service the <br /> Property's improvements),utility tower, conduit or line on or above the Property. Outdoor <br /> lighting shall be placed and shielded so as to minimize the impact on surrounding areas. <br /> 2.3 Existing_ I_mprovements. Grantors shall have the right to maintain, <br /> remodel, and repair existing structures,water tanks,water wells, fences, utilities, and other <br /> improvements, and in the event of their destruction, to reconstruct any such existing <br /> improvements with another of similar size, function, capacity, location and material so long as <br /> authorized by Orange County zoning regulations and consistent with permits required by and <br /> issued by Orange County under its laws and ordinances for such reconstruction. <br /> 2.4 Agricultural Use. Grantors shall have the right to i)to breed and raise <br /> bees, fish,poultry and other fowl in existing facilities on the Property, and ii)to plant, raise and <br /> harvest crops in existing fields and/or develop a community garden within existing open areas on <br /> the Property. Grantors may not establish or maintain any commercial feeder operation on the <br /> Property, which is defined for the purpose of this easement as an intensive animal raising <br /> operation that takes place within a building and none of the feed is produced on the tract, and the <br /> processing is fully or partly automated. <br /> Page 5 of 17 <br />