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S Warranty Deed of Agricultural Conservation Easement Victor Carl Walters, Jr and Elizabeth T Walters
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S Warranty Deed of Agricultural Conservation Easement Victor Carl Walters, Jr and Elizabeth T Walters
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8/16/2011 9:57:08 AM
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8/16/2011 9:57:00 AM
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Date
11/1/2003
Meeting Type
Regular Meeting
Document Type
Ordinance
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Minutes 08-22-2011
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\Board of County Commissioners\Minutes - Approved\2010's\2011
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is within the Back Creek Protected Watershed. Furthermore, the Property contains <br />outstanding scenic qualities that can be enjoyed by the general public, namely as the views <br />along High Rock Road (State Road 1340) northwest of Hillsborough. It is a secondary purpose <br />of this Easement to protect these natural, wildlife habitat, and scenic resources. <br />The agricultural, natural, wildlife habitat, and scenic resources of the Property are <br />collectively referred 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 ("Report") prepared by the Grantee with the <br />cooperation of the Grantors, and acknowledged by both parties to be accurate as of the date of <br />this Easement. This. Report may be used by the Grantee to document any future changes in the. <br />use or character of the Property in order to ensure the terms and conditions of this Easement <br />are fulfilled. This Report, however, is not intended to preclude the use of other evidence to <br />establish the present condition of the Property if there is a controversy over its use. The <br />Grantors and Grantee have copies of this Report, and said report will remain on file at the <br />office of the Orange County Environment and Resource Conservation Department. <br />The Grantors and Grantee agree that the current agricultural use of, and improvements <br />to, the Property are consistent with the conservation purposes of this Easement. <br />The Grantors intend that the conservation values. of the Property be preserved and <br />maintained, and further, Grantors intend-to-eonvey to the Grantee the right to preserve and <br />protect the agricultural and other conservation values of the Property in perpetuity. <br />The conservation purposes of this Easement are recognized by, and the grant of this <br />Easement. will serve, the following clearly delineated governmental conservation policies: <br />(1) Sections 1238 H and 1238 I of the Food Security Act of 1985, as amended, which <br />_- - authorizes the Farm-and Ranch Land Protection Program,-:admimstered hrough the United <br />States Department of Agriculture, Natural Resources Conservation Service, which provides <br />funds for the acquisition of Conservation Easements or other interests in prime, unique, or <br />other productive soils for the purpose of limiting conversion to nonagricultural uses of the <br />land; <br />(2) North Carolina General Statute 139-2 et seq., which provides that "it is hereby <br />declared ...that the farm, forest and grazing lands of the State of North Carolina are among the <br />basic assets of the State and the preservation of these lands is necessary to protect and promote <br />the health, safety and general welfare of its people... it is hereby declared to be the policy of <br />the legislature to provide for the conservation of the soil and resources of this State;" <br />(3) North Carolina General Statute 106-583 et seq., which states that "It is declared to <br />be the policy of the State of North Carolina to promote the efficient production and utilization <br />of the products of the soil as essential to the health and welfare of our people and to promote a <br />Page 2 of 20 <br />
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