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Agenda - 06-21-2011 - 5l
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Agenda - 06-21-2011 - 5l
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6/20/2011 12:38:49 PM
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6/20/2011 12:37:48 PM
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BOCC
Date
6/21/2011
Meeting Type
Regular Meeting
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Agenda
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5l
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Minutes 06-21-2011
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\Board of County Commissioners\Minutes - Approved\2010's\2011
RES-2011-063 Resolution approving the Agricultural Conservation Easement between Orange County and William Breeze Sr. Farm
(Linked From)
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\Board of County Commissioners\Resolutions\2010-2019\2011
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7 <br />Breeze Farm Conservation Easement (Phase 77) Draft #3 CLEAN <br />of property titled "Orange County Conservation Easement Tract 2, for the Property of William H. <br />Breeze, Sr." prepared by R.S. Jones & Associates, Inc., which plat is recorded at Plat Book _, <br />Page _, Orange County Registry (PIN 9878-40-3540). The Property includes buildings and <br />other improvements, which are shown on Exhibit A, attached hereto and incorporated herein. <br />The Property consists primarily of productive agricultural land. All of the soils on the <br />Property have been classified as "prime" or "statewide important" soils by the Natural Resources <br />Conservation Service, United States Department of Agriculture (also referred to as "NRCS" or <br />"the United States"). It is the primary purpose of this Conservation Easement to protect the <br />agricultural soils and agricultural viability and productivity of the Property. <br />The Property also includes outstanding woodland and riparian habitats for a variety of <br />wildlife species of importance to the Grantor, the people of Orange County and the people of <br />North Carolina. Streams flow through the Property before entering the South Fork Little River, a <br />source of drinking water for residents of Durham County. The entire property is within the Little <br />River Watershed Protection Overlay District. Furthermore, -the Property contains outstanding <br />scenic qualities that can be enjoyed by the general public, namely the views along. Schley Road <br />(State Road 1548) located north of Hillsborough. It is a secondary purpose of this Conservation <br />Easement to protect these natural and scenic resources. <br />The agricultural resources of the Property, and its contribution to the protection of prime <br />farmland soils, a public water supply, natural and wildlife habitat, and the other conservation <br />interests described herein to be preserved by this Conservation Easement are collectively referred <br />to as the "Conservation Values" of the Property. <br />The specific Conservation Values of the Property and its current use and state of <br />improvement are described in a Baseline Report prepared by the Grantee with the cooperation of <br />the Grantor, and acknowledged by both parties to be accurate as of the date of this Conservation <br />Easement. This Report may be used by the Grantee to document any future changes in the-use or <br />character of the Property in order to ensure the terms and conditions of this Conservation <br />Easement are fulfilled. This Report, however, is not- intended to preclude the use of other <br />evidence to establish the present condition of the Property if there is a controversy over its use. <br />The Grantor and Grantee have copies of this Report, and said report will remain on file at the <br />office of the Orange County Department of Environment, Agriculture, Parks and Recreation. <br />Grantor and Grantee agree that the current agricultural use of, and improvements to, the <br />Properly are consistent with the conservation purposes of this -Conservation Easement. <br />Grantor intends that the Conservation Values of the Property be preserved and <br />maintained, and further, Grantor intends to convey to Grantee the right to preserve and protect <br />the agricultural and other Conservation Values of the Property in perpetuity. <br />The conservation purposes of this Conservation Easement are recognized by, and the <br />grant of this Conservation Easement will serve, the following clearly delineated governmental <br />conservation policies: <br />Page 2 of 20 <br />
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