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Agenda - 12-10-2013 - 6f
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Agenda - 12-10-2013 - 6f
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Last modified
6/16/2015 3:43:31 PM
Creation date
12/6/2013 3:08:52 PM
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BOCC
Date
12/10/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6f
Document Relationships
Minutes 12-10-2013
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2013
RES-2013-110 Resolution approving a Conservation Easement for Michael Hughes and Dale Morgan
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2013
S Warranty Deed of Conservation Easement - Michael M. Hughes and Dale A. Morgan
(Linked From)
Path:
\Board of County Commissioners\Various Documents\2010 - 2019\2013
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9 <br /> Fern Creek Conservation Easement OEM= <br /> (10) the special use assessment of farm and forestland as set forth in NCGS § <br /> 105-277.2 et seq., which allows for lower property tax rates for land enrolled in active <br /> agricultural uses. <br /> D. The characteristics and conservation values of the Easement Area, its current use <br /> and state of improvement, are described in a report entitled"Baseline Documentation Report for <br /> the Fern Creek Conservation Easement," dated December 2013 (hereafter"the Baseline Report") <br /> prepared by Orange County DEAPR for the Grantor, of which a summary is attached as Exhibit <br /> B to this Conservation Easement. The Grantor worked with the Grantee to ensure that the report <br /> is a complete and accurate description of the Easement Area as of the date of this Conservation <br /> Easement. It will be used by the Grantor and Grantee to assure that any future changes in the use <br /> of the Easement Area will be consistent with the terms of this Conservation Easement. <br /> However, the Baseline Report is not intended to preclude the use of other evidence to establish <br /> the present condition of the Easement Area if there is a question about its use. <br /> E. The Grantor and Grantee have the common purpose of conserving the <br /> above-described conservation values of the Easement Area in perpetuity, and the State of North <br /> Carolina has authorized the creation of Conservation Easements pursuant to the terms of the <br /> North Carolina Conservation and Historic Preservation Agreements Act, N.C. Gen. Stat. § <br /> 121-34 et seq., and G.S. § 153A-176 and G.S. § 160A-266 - 279, which provide for the <br /> enforceability of restrictions, easements, covenants or conditions "appropriate to retaining land <br /> or water areas predominantly in their natural, scenic or open condition or in agricultural, <br /> horticultural, farming, or forest uses," and which provide for tax assessment of lands subject to <br /> such agreements "on the basis of the true value of the land and improvements less any reduction <br /> in value caused by the agreement"; and the Grantor and Grantee wish to avail themselves of the <br /> provisions of those laws. <br /> NOW, THEREFORE, the Grantor, as an absolute gift of no monetary consideration, but <br /> in consideration of the facts recited above and of the mutual covenants, terms, conditions and <br /> restrictions contained herein, hereby gives, grants and conveys unto the Grantee, its successors <br /> and assigns, forever and in perpetuity for the benefit of the people of North Carolina, a <br /> Conservation Easement over the Easement Area of the nature and character as follows: <br /> With the exception of those rights retained herein, Grantor conveys to Grantee all <br /> development rights that are now or hereafter allocated to, implied, reserved or inherent in the <br /> Easement Area, and the parties agree that such rights are terminated and extinguished, and may <br /> not be used on or transmitted to any portion of the Easement Area, as it now or hereafter may be <br /> bounded or described, or to any other property. <br /> 1. PURPOSE. As outlined in the Recitals above, the purposes of this Conservation <br /> Easement are to ensure that the Easement Area will be retained forever, predominantly in its <br /> Page 4 of 16 <br />
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