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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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~~~~~~~~~~~~1~~1~~~11~~~~~~~~-~~~~~~~~~~~~~i~ <br />RB5339 55 3/24 <br />The conservation purposes of this Conservation Easement aze recognized by, and the <br />grant of this Conservation Easement will serve, the following clearly delineated govemmental <br />conservation policies: <br />(1) Sections 1238 H and 1238 I of the Food Security Act of 1985, as amended, which <br />authorizes the Farm and Ranch Lands Protection Program, administered 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 other <br />productive soils for the purpose of limiting conversion to nonagricultural uses of the 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 welfaze of its people... it is hereby declared to be the policy of the <br />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 declazed to be <br />the policy of the State of North Carolina to promote the efficient production and utilization of the <br />products of the soil as essential to the health and welfare of our people and to promote a sound <br />and prosperous agriculture and rural life as indispensable to the maintenance of maximum <br />prosperity;" <br />(4) The Uniform North Carolina Conservation and Historic Preservation Agreements Act, <br />North Cazolina General Statute 121-34 et seq., which provides that conservation agreements are <br />"interests in land" which may be effective "perpetually;" which provides for the enforceability of <br />restrictions, easements, covenants or conditions "...appropriate to retaining land or water areas <br />predominantly in their natural, scenic, or open condition or in agricultural, horticultural, farming <br />or forest use...;" and which provides for tax assessment of lands subject to such agreements "on <br />the basis of the true value of the land and improvement less any reduction in value caused by the <br />agreement;" <br />(5) The establishment of the North Carolina Agricultural Development and Farmland <br />Preservation Trust Fund established in 1986 (N.C.G.S. 106-744(c) as amended) to preserve <br />important farmland in North Cazolina; <br />(6) The North Carolina Conservation Tax Credit Program, North Cazolina General Statute <br />105-130.34 and 105-151.12 etseq., which provides for state income ta~c credits for donations of <br />land that are useful for fish and wildlife conservation and other similaz land conservation <br />purposes; <br />(7) the Clean Water Management Trust Fund, authorized by NCGS § 113A-251 et seg., <br />which finances projects to acquire land and interests in land, including conservation easements <br />for the purposes of providing environmenta] protection for surface waters and urban drinking <br />water supplies; <br />Page 3 of 21 <br />
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