Agenda - 05-03-2011 - 8a - Laserfiche WebLink

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Sykes Ag~icultuYal Conservation Easement Dr°aft #3 CLEAN 1 0 ~6} The North Carolina Conservation Tax Credit Program, North Carolina General Statute 105-130.34 and 105-151.12 et seq., which provides for state income tax credits for donations of land that are useful for fish and wildlife conservation and other similar land conservation purposes; ~7} The special use value assessment of farm and forestland as set forth in North Carolina General Statute 105-277.2 et seq.; ~$} The orange County Agricultural Development and Farmland Protection Plan, adopted November 17, 2009, which recommends that the County acquire agricultural conservation easements to help protect farmland as a valuable natural resources; and (9) The zoning of the Protected Property by Orange County as Agricultural Residential. Grantor and Grantee have the common .purpose of protecting the above-described Conservation values and current condition of the Protected Property and preventing conversion of the Protected property to nonagricultural uses. Grantor agrees to create and implement a , conservation plan thereinafter the 4LConservation Plan"} that is developed utilizing the standards and specification of the NRCS f eld office technical guide and 7 CFR part 12, as well as other commonly-recognized best management practices, and is approved by the Grange County Soil and Water Conservation District; The Grantee is a body politic existing under Chapter 153A of the North Carolina General Statutes, and is qualifed to hold Conservation Easements under the applicable laws of the State of North Carolina; NOW, THEREFGRE, for the reasons given and other good and valuable consideration, and in consideration of the mutual covenants, terms, conditions and restrictions contained herein, the Grantor hereby grants and conveys unto Grantee a Conservation Easement, of the nature and character and to the extent hereinafter set forth, in respect to the Protected Property; forth: The terms, conditions and restrictions of the Conservation Easement are as hereinafter set 1. Grant of Agricultural Conservation Easement; Extinguishment of Development Rights Grantor hereby voluntarily grants and conveys to the Grantee, and the Grantee hereby voluntarily accepts, a perpetual Conservation Easement in the Protected Property, which easement is an immediately vested interest in real property the nature and character described herein. Grantor promises that he will not perform, nor knowingly allow others to perform, any act on or affecting the Protected Property that is inconsistent with the covenants herein. Grantor authorizes the Grantee to enforce these covenants in the manner described below. Page 4 020