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

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-~~~~~~~~-~~Ul-l~~ll~i~~~~~~~-~--~~~~~»~~~~u R85339 56 4/24 (8) the Soil and Water Conservation Districts Act, authorized by NCGS § 139-1, et seq., which provides for the preservation of fatm, forest and grazing lands; (9) the special use assessment of farm and forestland as set forth in NCGS § 105-277.2 et seq., which allows for lower property tax rates for land enrolled in active agricultural uses; (10) the Land Use Element of the Orange County Comprehensive Plan (adopted November 18, 2008) with its goal of "Land uses that are appropriate to on-site environmental conditions and features, and that protect natural resources, cultural resources, and community character." (11) The Orange County Agricultural Development and Farmland Protection Plan, adopted November 17, 2009, which recommends that the County acquire agricultural conservation easements to help protect farmland as a valuable natural resources; and (12) The zoning of the Property by Orange County as Agriculturat Residential and Upper Eno River Protected Watershed Overlay District, the latter to protect the public water supply watershed of the Lake Ben Johnston Reservoir. Grantors and Grantees have the common purpose of protecting the above-described Conservation Values and current condition of the Property and preventing conversion of the Property to nonagricultural uses. Grantors agree to create and implement a conservation plan (hereinafter the "Conservation Plan") that is developed utilizing the standards and specification of the NRCS field office technical guide and 7 CFR part 12, as well as other commonly- recognized best management practices, and is approved by the Orange County Soil and Water Conservation District; Orange County, one of the parties Grantee, is a body politic existing under Chapter 153A of the North Carolina General Statutes, and is qualified to hold conservation easements under the applicable laws of the State of North Carolina; The Association for the Preservation of the Eno River Valley, Inc. (hereinafter Eno River Association), one of the parties Grantee, is a nonprofit corporation organized and existing under the laws of the state of North Carolina and tax exempt under Section 501(c)(3) of the Internal Revenue Code, operated primarily for conservation purposes, including protection of environmentally valuable and sensitive land for charitable, scientific, educational, and aesthetic purposes. The Eno River Association is authorized by the laws of the State of North Cazolina to accept, hold and administer interests in land including conservation easements. The Grantees are willing to accept this Conservation Easement under the terms and conditions hereinafter described, and is a"qualified organization" and "eligible donee" within the meaning of Section 170(h)(3) of the Internal Revenue Code and regulations promulgated there under.) NOW, THEREFORE, for the reasons given and other good and valuable consideration, and in consideration of the mutual covenants, terms, conditions and restrictions contained herein, Page 4 of 21