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S Waranty Deed of Agricultural & Watershed Protection Conservation Easement Dennis & Linda Brooks
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S Waranty Deed of Agricultural & Watershed Protection Conservation Easement Dennis & Linda Brooks
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Last modified
11/11/2015 2:50:41 PM
Creation date
4/10/2012 2:16:19 PM
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BOCC
Date
1/24/2012
Meeting Type
Regular Meeting
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Others
Agenda Item
A
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Agenda - 01-24-2012 - 8a
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Path:
\Board of County Commissioners\BOCC Agendas\2010's\2012\Agenda - 01-24-2012 - Regular Mtg.
RES-2012-009 Resolution of Approval of Agricultural Conservation Easement between Orange County and the Eno River Association and Dennis and Linda Brooks
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\Board of County Commissioners\Resolutions\2010-2019\2012
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~~~~~~~~~~i~lUUl~~~~~~~~~~~~~-~~~~~i~~~~~~-~ <br />R85339 54 2l24 <br />Orange County Registry), hereafter referred to as"the recorded Plat for this Conservation <br />Easement." The Property includes buildings and other improvements, which aze shown on said <br />plat and on Exhibit A, attached hereto and incorporated herein. <br />The Property consists primarily of productive agricultural land. The vast majority of the <br />soils on the Property are classified as"prime" or "statewide important" soils by the Natural <br />Resources Conservation Service, United States Department of Agriculture (also referred to as <br />"NRCS"). The property is bisected by streams known as Sevenmile Creek and Rocky Run, <br />which flow generally eastward before entering the Eno River and Lake Ben Johnston, a public <br />drinking water supply reservoir serving the Town of Hillsborough. The entire Property is located <br />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 productiviry 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 and Grantees, the people of Orange County and the <br />people of North Carolina. Furthermore, the Property contains outstanding scenic qualities that <br />can be enjoyed by the general public, namely the views along Ben Johnston Road (State Road <br />1144) and Dimmocks Mill Road (State Road 1134). It is a secondary purpose of this <br />Conservation 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 Documentation Report ("Report") prepared by the <br />Grantees with the cooperation of the Grantors, and acknowledged by both parties to be accurate <br />as of the date of this Conservation Easement. This Report may be used by the Grantees to <br />document any future changes in the use or character of the Property in order to ensure the terms <br />and conditions of this Conservation Easement aze fulfilled. The Report, however, is not intended <br />to preclude the use of other evidence to establish the present condition of the Property if there is <br />a controversy over its use. The Grantors and Grantees have copies of this Report, and said report <br />will remain on file at the offices of the Orange County Department of Environment, Agriculture, <br />Parks and Recreation and the Eno River Association. <br />The Grantors and Grantees agree that the current agricultural use of, and improvements <br />to, 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 fwther, Grantors intend to convey to the Grantees the right to preserve and <br />protect the agricultural and other Conservation Values of the Property in perpetuity. <br />Page 2 of 21 <br />
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