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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT <br />5 <br /> <br />1.2. Perpetual Duration. This ALE over the Protected Property as further described in Exhibit D-1 <br />, shall be perpetual. It is an easement in gross, runs with the land and is enforceable by <br />Grantee against Grantor as provided herein, and against Grantor’s representatives, successors, <br />assigns, lessees, agents and licensees. <br /> <br />1.3. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this <br />Easement, the parties agree that all development rights appurtenant to the Protected Property <br />are hereby released, terminated and extinguished, and may not be used on or transferred to any <br />portion of the Protected Property as it now or hereafter may be bounded or described, or used <br />or transferred to any other property adjacent or otherwise, nor used for the purpose of <br />calculating permissible lot yield of the Protected Property or any other property by anyone <br />including the Grantor and Grantee. <br /> <br />1.4. Compliance with other Regulatory Requirements. The Grantor is responsible for complying <br />with any and all additional permits or regulation to use or develop the Protected Property <br />under the terms of this Agricultural Land Easement, including Cabarrus County, State of <br />North Carolina or federal requirements, regardless of any reserved rights or permissions <br />contained in this Agricultural Land Easement Document. <br /> <br />ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES <br /> <br />Any activities inconsistent with the purposes of this ALE are prohibited. <br /> <br />The terms and conditions of this ALE run with the land and are binding upon the Grantor and <br />Grantee and their respective heirs, successors, agents, assigns, lessees, and any other person <br />claiming under them must comply with all terms and conditions of this easement, including the <br />following: <br /> <br />2.1. Subdivision. Separate conveyance of a portion of the Protected Property or division or <br />subdivision of the Protected Property is prohibited. <br /> <br />Even if the Protected Property consists of more than one parcel for real estate tax or any other <br />purpose or if it was acquired previously as separate parcels, it will be considered one parcel for <br />purposes of this Agricultural Land Easement, and the restrictions and covenants of this <br />Agricultural Land Easement will apply to the Protected Property as a whole. <br /> <br />2.2. Industrial and Commercial Use. Industrial and commercial use on the Protected Property are <br />prohibited except: agricultural production and related uses conducted as described in the ALE <br />Plan; the sale of excess power generated in the operation of renewable energy structures and <br />associated equipment or other energy structures that Grantee approves in writing as being <br />consistent with the conservation purposes of this Agricultural Land Easement; temporary or <br />seasonal outdoor activities or events that do not harm the agricultural use, future viability, and <br />related conservation values of the Protected Property herein protected; commercial enterprises <br />related to agricultural or forestry including but not limited to agritourism, processing, <br />packaging, and marketing of farm or forest products, farm machinery repair, and farm <br />wineries; small-scale commercial enterprises compatible with agriculture or forestry, <br />including but not limited to cafes, shops, and studios for arts or crafts. This restriction does <br />not prohibit the use of the Protected Property or construction of improvements primarily for <br />agricultural, horticultural, forestry, silvicultural and non-developed recreational purposes as <br />more specifically defined herein. <br /> <br />Formatted: No underline <br />Formatted: No underline, Highlight