Agenda - 01-15-2008-3c - Laserfiche WebLink

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Breeze Agricultural Conservation Easement (I) 12/21/07 draft (clean) River Watershed Protection Overlay District. Furthermore, the Property contains outstanding scenic qualities that can be enjoyed by the general public, namely the views along Schley Road (State Road 1548) north of Hillsborough. 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 Report prepared by the Grantee with the cooperation of the Grantor, and acknowledged by both parties to be accurate as of the date of this Conservation Easement. This Report may be used by the Grantee 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 are fulfilled. This 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 Grantor and Grantee have copies of this Report, and said report will remain on file at `the office of the Orange County Environment and Resource Conservation Department. The Grantor and Grantee agree that the current agricultural use of, and improvements to, the Property are consistent with the conservation purposes of this Conservation Easement. The Grantor intends that the Conservation Values of the Property be preserved and maintained, and further, Grantor intends to convey to Grantee the right to preserve and protect the agricultural and other Conservation Values of the Property in perpetuity. The conservation purposes of this Conservation Easement are recognized by, and the grant of this Conservation Easement will serve, the following clearly delineated governmental conservation policies: (1) Sections 1238 H and 1238 I of the Food Security Act of 1985, as amended, which authorizes the Farm and Ranch Lands Protection Program, administered through the United States Department of Agriculture, Natural Resources Conservation Service, which provides funds for the acquisition of Conservation Easements or other interests in prime, unique, or other productive soils for the purpose of limiting conversion to nonagricultural uses of the land; (2) North Carolina General Statute 139-2 et seq., which provides that "it is hereby declared ...that the farm, forest and grazing lands of the State of North Carolina are among the basic assets of the State and the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people... it is hereby declared to be the policy of the legislature to provide for the conservation of the soil and resources of this State;" (3) North Carolina General Statute 106-583 et seq., which states that "It is declared to be the policy of the State of North Carolina to promote the efficient production and utilization of the