S Conservation Easement - Fickle Creek Farm

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20070411000124050 DEED Bk:R64256 Pg:446 04/11/2007 04:34:35PM 2/19 The entire Property is within the Cane Creek Protected Watershed. It is a secondary purpose of • this Conservation Easement to protect these natural resources. The agricultural resources, including the protection of soils and other natural resources of the Property to be preserved by this Conservation Easement aze collectively referred to as the "conservation values" of the Property. The specific conservation values of the Property and its current use and state of improvement aze described in a Baseline Report prepazed by the Grantee with the cooperation of the Grantors, and acknowledged by both parties to be accurate as of the date of this Conservation Easement. This Report maybe used by the Grantee to document any future changes in the use or character of the Property in order to ensure the terms and conditions of this Conservation Easement are fulfilled. This Report, however, is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. The Grantors and Grantee have copies of this Report, and said report will remain on file at the office of the Orange County Environment and Resource Conservation Department. The Grantors and Grantee agree that the current agricultural use of, and improvements to, the Property are consistent with the conservation purposes of this Conservation Easement. The Grantors intend that the conservation values of the Property be preserved and maintained, and further, Grantors intend to convey to Grantee the right to preserve and protect • the agricultural and other conservation values of the Property in perpetuity. The conservation purposes of this Conservation Easement aze recognized by, and the grant of this Conservation Easement will serve, the following clearly delineated governmental conservation policies: (1) Sections 1238 H and 1238 I of the Food Security Act of 1985, as amended, which authorizes the Farm and Ranch Lands Protection Program, administered through the United States Department of Agriculture, Natural Resources Conservation Service, which provides funds for the acquisition of Conservation Easements or other interests in prune, unique, or other productive soils for the purpose of limiting conversion to nonagricultural uses of the land; (2) North Carolina General Statute 139-2 et seq., which provides that "it is hereby declazed ...that the farm, forest, and grazing lands of the State of North Carolina are among the basic assets of the State and the preservation of these lands is necessary to protect and promote the health, safety, and general welfaze of its people... it is hereby declazed to be the policy of the legislature to provide for the conservation of the soil and resources of this State;" (3) North Carolina General Statute 106-583 et seq., which states that "It is declared to be the policy of the State of North Carolina to promote the efficient production and utilization of the products of the soil as essential to the health and welfaze of our people and to promote a sound and prosperous agriculture and rural life as indispensable to the maintenance of maximum • prosperity;" Page 2 of 18