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2001 S ERCD - Deed of Agricultural conservation easement Carl & Lucille Walters Sr
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2001 S ERCD - Deed of Agricultural conservation easement Carl & Lucille Walters Sr
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Last modified
10/31/2012 2:11:38 PM
Creation date
6/14/2012 11:37:08 AM
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BOCC
Date
6/5/2001
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
5a
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Agenda - 06-05-2001-5a
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\Board of County Commissioners\BOCC Agendas\2000's\2001\Agenda - 06-05-2001
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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 intend to convey 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 />The Farmland Protection Policy Act, P. L. 97 -98, 7 U.S.C. Section 4201, et seq., <br />whose purpose is "to minimize the extent to which Federal programs and policies contribute to <br />the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure <br />that Federal programs are administered in a manner that, to the extent practicable, will be <br />compatible with State, unit of local government and private programs and policies to protect <br />farmland; " <br />North Carolina General Statute 139 -2 et seq. which provides that "it is hereby declared <br />...that the farm, forest and grazing lands of the State of North Carolina are among the basic <br />assets of the State and the preservation of these lands is necessary to protect and promote the <br />health, safety and general welfare 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 />North Carolina General Statute 106 -583 et seq. which states that "It is declared to be <br />the policy of the State of North Carolina to promote the efficient production and utilization of <br />the products of the soil as essential to the health and welfare of our people and to promote a <br />sound and prosperous agriculture and rural life as indispensable to the maintenance of <br />maximum prosperity;" <br />The State of North Carolina has authorized the creation of Conservation Easements <br />pursuant to the terms of the North Carolina Conservation and Historic Preservation <br />Agreements Act, N.C.G.S. 121 -34 et. seq., which provide 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, <br />farming, or forest uses," and which provides for tax assessment of lands subject to such <br />agreements "on the basis of the true value of the land and improvements less any reduction in <br />value caused by the agreement"; and the Grantors and Grantee wish to avail themselves of the <br />provisions of that law. <br />The Grantee is a body politic existing under Chapter 153A of the North Carolina <br />General Statutes, and is qualified to hold Easements under the applicable laws of the State of <br />North Carolina; <br />2 of 13 <br />
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