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Agenda - 06-15-2010 - 4e
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Agenda - 06-15-2010 - 4e
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Last modified
7/24/2012 9:12:24 AM
Creation date
6/11/2010 3:53:04 PM
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BOCC
Date
6/15/2010
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4e
Document Relationships
2010-010 DEAPR - NC Dept of Ag & Consumer Services - Breeze Farm
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2010
2010-138 DEAPR - Acceptance of Two Grants for Purchasing a Conservation Easement at the Breeze Farm
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Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2010
Minutes 06-15-2010
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Path:
\Board of County Commissioners\Minutes - Approved\2010's\2010
S Grant Agreement - Acceptance of Two Grants for Purchasing a Conservation Easement at the Breeze Farm
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\BOCC Grants\2010 - 2019\2010\2010 Grants
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Wl <br />Attachment E <br />any and all authorities available under Federal or State law. In the event that Grantee attempts to <br />terminate, transfer, or otherwise divest itself of any rights, title, or interests of this Conservation Easement <br />without the prior consent of the Commissioner of Agriculture and payment of consideration to the State of <br />North Carolina, then, at the option of the Commissioner of Agriculture, all right, title, and interest in this <br />Conservation Easement shall become vested in the State of North Carolina. <br />T. Amendment <br />This Conservation Easement may be amended by a written instrument executed by the Grantee and the <br />Grantor(s) and approved by the Commissioner of Agriculture. Any such amendment shall be consistent <br />with the Statement of Purpose of this Conservation Easement and with the Grantee's Conservation <br />Easement amendment policies, and shall comply with 26 U.S.C. §170(h) of the Internal Revenue Code or <br />any regulations promulgated in accordance with that section. Any such amendment shall be duly recorded. <br />Grantee shall give notice of any amendment to and secure approval from, the North Carolina Department <br />of Agriculture and Consumer Services. <br />U. Procedure in the Event of Condemnation or Eminent Domain <br />Grantor(s) and Grantee recognize that the partial donation and partial sale of this Conservation Easement <br />gives rise to a property right, immediately vested in the Grantee, with a fair market value equal to the <br />proportionate value that the Conservation Easement bears to the value of the Property prior to the <br />restrictions imposed by the Conservation Easement. Accordingly, if any condemnation or eminent domain <br />action shall be taken, on all or part of the Property, by any authorized public authority, said authority shall <br />be liable to the Grantee for the value of the property right vested in the Grantee at the time of the signing of <br />this Conservation Easement. <br />If condemnation or a taking by eminent domain of a part of the Property or the entire Property by a public <br />authority renders it impossible to fulfill any of the conservation purposes of this Conservation Easement on <br />all or part of the Property, the Conservation Easement may be terminated or modified accordingly through <br />condemnation proceedings. If the Conservation Easement is terminated or modified and any or all of the <br />Property is sold or taken for public use, then, as required by Treas. Reg. 1.170A- 14(g)(6), the Grantee shall <br />be entitled to the proportionate value of the Conservation Easement. The Grantee shall use its proceeds <br />consistently with the general conservation purposes of this Conservation Easement. If this Conservation <br />Easement is extinguished or terminated, the North Carolina Department of Agriculture and Consumer <br />Services, and Grantee shall receive its proportional share of the Conservation Easement value at the time <br />of termination. The proportional share of the Conservation Easement value is percent to the North <br />Carolina Department of Agriculture and Consumer Services. The Grantee and the North Carolina <br />Department of Agriculture and Consumer Services shall use its proceeds consistently with the general <br />conservation purposes of this Conservation Easement. <br />V. Procedure in the Event of Termination of Conservation Easement <br />If it determines that conditions on or surrounding the Property change so much that it becomes impossible <br />to fulfill the conservation purposes of this Conservation Easement, a court with jurisdiction may, at the joint <br />request of both the Grantor(s) and the Grantee and with prior consent of North Carolina Department of <br />Agriculture and Consumer Services as provided herein, terminate or modify this Conservation Easement in <br />accordance with applicable state law. If the Conservation Easement is terminated and the Property is sold <br />then as required by Treas. Reg. 1.170A- 14(g)(6), the Grantee shall be entitled to an amount equal to the <br />ratio of the appraised value of this Conservation Easement to the unrestricted fair market value of the <br />Property, as these values are determined on the date of this Conservation Easement. The Grantee and <br />the North Carolina Department of Agriculture and Consumer Services shall divide the resulting proceeds in <br />
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