Agenda - 12-11-2007-4q - Laserfiche WebLink

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STRATEGIC GROWTH AND RURAL CONSERVATION PROGRAM Draft ~ 10.1.2007 (10) the Land Use Element of the Orange County Comprehensive Plan (adopted September 2, 1981 as amended) with its goal of conserving and protecting Orange County's significant "Resource Protection Areas" from adverse development impacts, including natural areas, wildlife corridors and lands placed by individual property owners into conservation easements; and (11) the protection of similar Orange County properties designed to protect conservation and open space values through conservation easements granted to the Grantee and others in the vicinity of the Grantors' Property; and (12) Article 17 of the North Carolina General Statutes NCGS 113A-24, entitled Conservation, Farmland and Open Space Protection and Coordination, otherwise known as the "Million Acre Initiative," which provides that the State of North Carolina shall encourage, facilitate, plan, coordinate, and support appropriate federal, State, local, and private land protection efforts so that an additional one million acres of farmland, open space and conservation lands in the State are permanently protected by December 31, 2009; (13) the Clean Water Management Trust Fund, North Carolina General Statute 113-145.1 et seq., which recognizes the importance of protecting riparian buffers in conserving clean surface water; and (14) the National Historic Preservation Act of 1966 enacted by the National Park Service (Public Law 89-665; 80 STAT.915; 16 U.S.C. 470) which states that, "historic properties significant to the Nation's heritage are being lost or substantially altered, often inadvertently, with increasing frequency," and that "the preservation of this irreplaceable heritage is in the public interest so that its vital legacy of cultural, educational, aesthetic, inspirational, economic, and energy benefits will be maintained and enriched for future generations of Americans: 'Orange County is a Certified Local Government, actively participating in the identification, evaluation, and protection of historic properties. PART HI. PURPOSE OF THE CONSERVATION EASEMENT Grantors and Grantee have the common purpose of protecting the above-described conservation values and current condition of the Property and preventing conversion of the Property for any use that diminishes the Conservation Values as stipulated in Part II except as otherwise allowed in this Agreement. The Grantors agree to create and implement a conservation plan (hereinafter the "Conservation Plan") that is developed utilizing the standards and specification of the MRCS field office technical guide and 7 CFR part 12, and is approved by the local Soil and Water Conservation District; The 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; NOW, THEREFORE, for the reasons given and other good and valuable consideration and in consideration of their mutual covenants, terms, conditions and restrictions contained herein, the Grantors hereby grant and convey unto the Grantee a Conservation Easement, of the nature and character and to the extent hereinafter set forth, in respect to the Property as described in Exhibit A; The terms, conditions and restrictions of the Conservation Easement are as hereinafter set forth: Grant of Conservation Easement Orange County, North Cazolina