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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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BOCC
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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sound and prosperous agriculture and rural life as indispensable to the maintenance of <br />maximum prosperity;" <br />(4) The Uniform North Carolina Conservation and Historic Preservation Agreements <br />Act, North Carolina General Statute 121-34 et seq., which provides for the enforceability of <br />restrictions, easements, covenants or conditions "appropriate for retaining in land or water <br />areas predominantly in their natural, scenic, or open condition or in agricultural, horticultural, <br />farming or forest use;" and which provides for tax assessment of lands subject to such <br />agreements "on the basis of the true value of the land and improvement less any reduction in <br />value caused by the agreement;" <br />(5) The North Carolina Conservation Tax Credit Program, North Carolina General <br />Statute 105-130.34 and 105-151.12 et seq., which provides for state income tax credits for <br />donations of land that are useful for fish and wildlife conservation and other similar land <br />conservation purposes; <br />(6) The establishment of the North Carolina Farmland Preservation Trust Fund <br />established in 1986 (N.C.G.S. 106-744(c)) to preserve important farmland iri North Carolina; <br />(7) The special use assessment of farm and forestland as set forth in North Carolina <br />General Statute 105-277.2 et seq. ; and <br />(8) The zoning of the Property by Orange County as Agricultural Residential. <br />Grantors and Grantee have the common purpose of protecting the above-described <br />.conservation values and current condition of the Property and preventing conversion of the <br />Property to nonagricultural uses and Grantor agrees to create and implement a conservation <br />plan (hereinafter the "Conservation Plan") that is developed utilizing the standards and <br />- -specification of the NRCS field office technical guide and 7 CFR part 12, and is approved by - <br />-_. .the local Soil and Water Conservation District; - <br />The Grantee is a body politic existing under Chapter 153A of the North Carolina <br />General Statutes, and is qualified to hold Easements under the applicable laws of the State of <br />North Carolina; <br />NOW, THEREFORE, for the reasons given and other good and valuable consideration <br />and in consideration of their mutual covenants, terms, conditions and restrictions contained <br />herein, the parties agree as follows. <br />1. Grant of Agricultural Easement <br />Grantors hereby voluntarily grant and convey to the Grantee, and the Grantee hereby <br />voluntarily accepts, a perpetual Agricultural Conservation Easement in the Property, which <br />easement is, an immediately vested interest in real property the nature and character described <br />herein. Grantors promise that they will not perform,. nor knowingly allow others to perform, <br />Page 3 of 20 <br />
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