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Agenda - 01-24-2012 - 8a
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Agenda - 01-24-2012 - 8a
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Last modified
11/11/2015 2:27:24 PM
Creation date
1/20/2012 2:36:15 PM
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BOCC
Date
1/24/2012
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8a
Document Relationships
Minutes 01-24-2012
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2012
ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2012
RES-2012-009 Resolution of Approval of Agricultural Conservation Easement between Orange County and the Eno River Association and Dennis and Linda Brooks
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2012
S Waranty Deed of Agricultural & Watershed Protection Conservation Easement Dennis & Linda Brooks
(Linked From)
Path:
\Board of County Commissioners\Various Documents\2010 - 2019\2012\Easements
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Brooks Farm - Conservation Easement Draft #2 BOCC $ <br />The Property consists primarily of productive agricultural land. All of the soils on the <br />Property are 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 "). The property is bisected by streams known as Sevenmile Creek and Rocky <br />Run, which flow generally eastward before entering the Eno River and Lake Ben Johnston, a <br />public drinking water supply reservoir serving the Town of Hillsborough. The entire Property is <br />located within the designated "critical area" of the Upper Eno Protected Watershed. <br />The primary purposes of this Conservation Easement are to protect the agricultural soils <br />and agricultural viability and productivity of the Property, and to protect water quality of the <br />surface waters in the watershed of the Lake Ben Johnston Reservoir and the Eno River. <br />The Property also includes outstanding riparian and woodland habitats for a variety of <br />wildlife species of importance to the Grantors, the people of Orange County and the people of <br />North Carolina. Furthermore, the Property contains outstanding scenic qualities that can be <br />enjoyed by the general public, namely the views along Ben Johnston Road (State Road 1144) and <br />Dimmocks Mill Road (State Road 1134). 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 ( "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 Conservation Easement. This Report may be used by the Grantee to document any future <br />changes in the use or character of the Property in order to ensure the terms and conditions of this <br />Conservation Easement are fulfilled. The Report, however, is not intended to preclude the use of <br />other evidence to establish the present condition of the Property if there is a controversy over its <br />use. The Grantors and Grantee have copies of this Report, and said report will remain on file at <br />the offices of the Orange County Department of Environment, Agriculture, Parks and Recreation <br />and the Eno River Association. <br />The Grantors and Grantee agree that the current agricultural use of, and improvements to, <br />the Property are consistent with the conservation purposes of this Conservation Easement. <br />The Grantors intend that the Conservation Values of the Property be preserved and <br />maintained, and further, Grantors intend to convey to Grantee the right to preserve and protect <br />the agricultural and other Conservation Values of the Property in perpetuity. <br />Page 2 of 20 <br />
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