Agenda - 08-24-2009-C2 - Laserfiche WebLink

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STRATEGIC GROWTH AND RESOURCE CONSERVATION PROGRAM Final (8.7.2009) (6) Pursuant to [cite Orange County code], the County issued a SGRC certificate Letter of Intent on , a true copy of which is attached hereto as Exhibit C and incorporated herein by reference as if set forth in full. In the letter, the County agreed to issue Grantors SGRC Certificates, to be numbered , provided that the Grantors grant a conservation easement on the Protected Property to Orange County in accordance with the requirements of [cite Orange County code]. (7) Consistent with the foregoing requirements, and subject to the specific terms of this Easement contained herein, the Grantors and the County, as Grantee of the Easement, intend and have the common purpose of retaining the Protected Property for agricultural use by placing restrictions on the use of the Protected Property, which shall run with the land and bind the Protected Property in perpetuity. PART II. CONSERVATION VALUES OF EASEMENT PROPERTY The Property consists or possesses one or more of the following characteristics that make it suitable for conservation under the Strategic Growth and Resource Conservation Program of Orange County: (1) The Property contains productive agricultural land. The majority of the soils on the Property have been classified as "prime" or "statewide important' soils by the Natural Resources Conservation Service, United States Department of Agriculture, (also referred to as "NRCS" or "the United States. ") It is the primary purpose of this Conservation Easement to protect the agricultural soils and agricultural viability and productivity of the Property. (2) The Property includes outstanding woodland and/or riparian habitats for a variety of wildlife species of importance to the Grantors, the people of Orange County and the people of North Carolina. (3) The Property includes perennial waters, namely , , and . Said waters flow into reservoirs that provide a portion of the drinking water supply of the people of Orange County, making the preservation of the property important to the health and welfare of the general public. Portions of the Property are within the Protected Watershed. (4) The Property includes structure(s) and/or district(s) listed on the National Register of Historic Places (NRHP), including , and . Said structure(s) and/or district(s) possess historic values that can be appreciated by the people of Orange County and the people of the State of North Carolina. Furthermore, the Property contains outstanding scenic qualities that can be enjoyed by the general public, namely the views along Road (State Road ) The resources, including the agricultural value of soils; wetland and water supply provisions; historic property value; and wildlife habitat and scenic resources of the Property to be preserved by this Conservation Easement are 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 are described in a Baseline Report ( "Report") prepared 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, attached as Exhibit E, may be 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. The Baseline 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 ORANGE COUNTY, NORTH CAROLINA