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Agenda - 09-16-2003-5c
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Agenda - 09-16-2003-5c
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Last modified
9/2/2008 4:58:08 AM
Creation date
8/29/2008 10:51:12 AM
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BOCC
Date
9/16/2003
Document Type
Agenda
Agenda Item
5c
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Minutes - 20030916
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
RES-2003-063 Resolution Accepting Conservation Easement Conveyance - Trinity School of Durham and Chapel Hil
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2003
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Trinity School Conservation Easement Draft 8/28/03 13 <br />2.14 No Dumping. There shall be no storage or dumping of trash, garbage, <br />abandoned vehicles, appliances, or machinery, or other unsightly or offensive material, hazardous <br />substance, or toxic waste on the Easement Area. There shall be no changing of the topography <br />through the placing of soil or other substance or material such as land fill or dredging spoils, nor <br />shall activities be conducted on the Easement Area that could cause erosion or siltation on the <br />Easement Area. <br />2.15 Predator Control. Grantors shall have the right to control, destroy, or trap <br />predatory and problem animals that pose a material threat to livestock and/or humans by means <br />and methods approved by the Grantee. The method employed shall be selective and specific to <br />individuals, rather than broadcast, nonselective techniques. <br />2.16 Commercial Development. Commercial or industrial use of or activity <br />within the Easement Area is prohibited. This restriction on use shall not be construed to prohibit <br />use of the Easement Area for recreational, educational, artistic, and scientific purposes, as long as <br />such activities are otherwise consistent with this Conservation Easement. <br />2.17 Development Rights. With the exception of the right to construct and use <br />buildings expressly authorized elsewhere in this Conservation Easement, Grantors convey to <br />Grantee all development rights that are now or hereafter allocated to, implied, reserved or <br />inherent in the Easement Area, and the parties agree that such rights are terminated and <br />extinguished, and may not be used on or transmitted to any portion of the Easement Area, as it <br />now or hereafter maybe bounded or described, or to any other property. <br />3. ADDITIONAL RIGHTS RETAINED BY GRANTORS. Grantors retain the <br />following additional rights: <br />(a) Existin Uses. The right to undertake or continue any activity or use of the <br />Easement Area not prohibited by this Conservation Easement. At least sixty (60) <br />days prior to making any change in use of the Easement Area, Grantors shall <br />notify Grantee in writing to allow Grantee a reasonable opportunity to determine <br />whether such change would violate the terms of this Conservation Easement. <br />(b) Transfer. The right to sell, give, mortgage, lease, or otherwise convey the <br />Easement Area is subject to the terms of this Conservation Easement. <br />(c) Right to Construct and Maintain Pedestrian Trails. The right to construct and <br />maintain unpaved and un-graveled pedestrian trails within the Easement Area as <br />described in Paragraph 2.2. The Grantee shall have reasonable opportunity to <br />review the trail plan prior to construction of the trails and to suggest modifications <br />to better protect the environment. <br />
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