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S Agricultural Conservation Easement with Carl and Elizabeth Walters
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S Agricultural Conservation Easement with Carl and Elizabeth Walters
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Last modified
8/16/2011 10:01:53 AM
Creation date
8/16/2011 10:01:40 AM
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BOCC
Date
12/1/2003
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
5a
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Agenda - 12-01-2003-5a
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 12-01-2003
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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 intendto-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 S~uriry Act of 1985, as amended, which -- <br />- ~ =authorizes the Farm and Ranch Land Proxection Prog7ram -admiiustered through 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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