ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks

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~~~~~~~~~~i~lUUl~~~~~~~~~~~~~-~~~~~i~~~~~~-~ R85339 54 2l24 Orange County Registry), hereafter referred to as"the recorded Plat for this Conservation Easement." The Property includes buildings and other improvements, which aze shown on said plat and on Exhibit A, attached hereto and incorporated herein. The Property consists primarily of productive agricultural land. The vast majority of the soils on the Property are classified as"prime" or "statewide important" soils by the Natural Resources Conservation Service, United States Department of Agriculture (also referred to as "NRCS"). The property is bisected by streams known as Sevenmile Creek and Rocky Run, which flow generally eastward before entering the Eno River and Lake Ben Johnston, a public drinking water supply reservoir serving the Town of Hillsborough. The entire Property is located within the designated "critical area" of the Upper Eno Protected Watershed. The primary purposes of this Conservation Easement are to protect the agricultural soils and agricultural viability and productiviry of the Property, and to protect water quality of the surface waters in the watershed of the Lake Ben Johnston Reservoir and the Eno River. The Property also includes outstanding riparian and woodland habitats for a variety of wildlife species of importance to the Grantors and Grantees, the people of Orange County and the people of North Carolina. Furthermore, the Property contains outstanding scenic qualities that can be enjoyed by the general public, namely the views along Ben Johnston Road (State Road 1144) and Dimmocks Mill Road (State Road 1134). It is a secondary purpose of this Conservation Easement to protect these natural and scenic resources. The agricultural resources of the Property, and its contribution to the protection of prime farmland soils, a public water supply, natural and wildlife habitat, and the other conservation interests described herein to be preserved by this Conservation Easement are collectively referred to as the "Conservation Values" of the Property. The specific Conservation Values of the Property and its current use and state of improvement are described in a Baseline Documentation Report ("Report") prepared by the Grantees with the cooperation of the Grantors, and acknowledged by both parties to be accurate as of the date of this Conservation Easement. This Report may be used by the Grantees to document any future changes in the use or character of the Property in order to ensure the terms and conditions of this Conservation Easement aze fulfilled. The Report, however, is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. The Grantors and Grantees have copies of this Report, and said report will remain on file at the offices of the Orange County Department of Environment, Agriculture, Parks and Recreation and the Eno River Association. The Grantors and Grantees agree that the current agricultural use of, and improvements to, the Property are consistent with the conservation purposes of this Conservation Easement. The Grantors intend that the Conservation Values of the Property be preserved and maintained, and fwther, Grantors intend to convey to the Grantees the right to preserve and protect the agricultural and other Conservation Values of the Property in perpetuity. Page 2 of 21