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S Easement - Sykes Family Limited Partnership
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S Easement - Sykes Family Limited Partnership
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Last modified
3/14/2012 9:09:00 AM
Creation date
3/14/2012 8:47:22 AM
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BOCC
Date
5/3/2011
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
8a
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~~~~I~a~~~~~l~d~~~l~~~N~~~~~~~~~~~~~~~~~~~~ <br />RB5227 435 3/34 <br />The Grantor and Grantee agree that the current agricultural use of, and improvements to, <br />the Protected Property are consistent with the conservation purposes of this Conservation <br />Easement. <br />The Grantor intends that the Conservation Values of the Protected Property be preserved <br />and maintained, and further, Grantor intends to convey to Grantee the right to preserve and <br />protect the agricultural and other Conservation Values of the Protected Property in perpetuity. <br />The conservation purposes of this Conservation Easement are recognized b and the <br />grant of this Conservation Easement will serve, the following clearly delineated e mental <br />conservation policies: <br />(1) Sections 1238 H and 1238 I of the Food Security Act of 1985, a whic <br />authorizes the Farm and Ranch Lands Protection Program, administered thro h t i <br />States Department of Agriculture, Natural Resources Conservation ice, w' prov' es <br />funds for the acquisition of Conservation Easements or other inter i rime, ique, or other <br />productive soils for the purpose of limiting conversion Yo nona~rir~ultur s of land; <br />(2) North Carolina General Statute 139-2 et seq., w i h provides at ~ is hereby <br />declared ...that the farm, forest and grazing lands of th Sta e f North C olina are among the <br />basic assets of the State and the preservation of these a s is e ssary protect and promote <br />the health, safety and general welfare of its people . it eby d to be the policy of the <br />legislature to provide for the conservation of th i nd re es of this State;" <br />(3) North Carolina General Statute 6- e., whi states that "It is declared to be <br />the policy of the State of North Carolina mo efficient production and utilization of the <br />products of the soil as essential to the lth welfa our people and to promote a sound <br />and prosperous agriculture and rural 's nsab to the maintenance of maximum <br />prosperity;" ~,.~~ <br />(4) The Uniform No Carolina er~tion and Historic Preservation Agreements Act, <br />North Carolina General S atu e 21-34 et s., which provides that conservation agreements are <br />"interests in land" whi ay ective erpetually;" which provides for the enforceability of <br />restrictions, easements, co nts tions "...appropriate to retaining land or water areas <br />predominantly in tural, nic, or open condition or in agricultural, horticultural, farming <br />or forest use...;" e for tax assessment of lands subject to such agreements "on <br />the basis of tl~~ \\v of the land and improvement less any reduction in value caused by the <br />agreement;" <br />e establis ent of the North Carolina Agricultural Development and Farmland <br />Preservatio t Fu established in 1986 (N.C.G.S. 106-744(c) as amended) to preserve <br />important farm orth Carolina; <br />(6) 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 />Page 3 of 20 <br />
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