ORD-2016-025 Ordinance approving Budget Amendment #10-B related to the Conservation Easement for the Captain John S. Pope Farm

Browse Search

8 BOCC Draft 6/10/16 and agricultural soils, and agricultural and silvicultural viability and productivity by limiting nonagricultural uses of the Protected Property. WHEREAS, the Protected Property also includes outstanding woodland and riparian habitats for a variety of wildlife species of importance to the Grantor, the people of Orange County and the people of North Carolina. WHEREAS, it is a secondary purpose of this Easement to protect the natural wildlife habitat,historical, and scenic resources. The agricultural,natural,wildlife habitat and scenic resources of the Protected Property are collectively referred to as the"Conservation Values" of the Protected Property. WHEREAS, the specific Conservation Values of the Protected Property and its current use and state of improvement are described in a Baseline Documentation Report("Report")prepared by the Grantee with the cooperation of the Grantor, and acknowledged by all parties to be accurate as of the date of his Easement. This Report may be used by the Grantee to document any future changes in the use or character of the Protected Property in order to ensure the terms and condition of the Easement are fulfilled. This Report,however, is not intended to preclude the use of other evidence to establish the present condition of the Protected 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 Grantee. WHEREAS, the Grantor and Grantee agree that the current agricultural use of, and improvements to,the Protected Property are consistent with the conservation purposes of this Easement. WHEREAS, the Grantor intends that the Conservation Values of the Protected Property be preserved and maintained, and further, Grantor intends to convey to the Grantee the right to preserve and protect the agricultural and other Conservation Values of the Protected Property in perpetuity. WHEREAS, the consideration paid for this Conservation Easement does not represent fair market value of the Protected Property and it is the Grantor's intent to make a charitable contribution to Grantee. The fair market value of the Protected Property shall be determined by one of the valuation methods and rules that affect valuation as set forth in Regulation§1.170A-14(h)(3). WHEREAS, the Conservation Purposes of the Easement are recognized by, and the grant of this Easement will serve, the following clearly delineated governmental conservation policies: (1) 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;" (2) 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 products of the soil as essential to the health and welfare of our people and to promote a sound and prosperous agriculture and rural life as indispensable to the maintenance of maximum prosperity;" (3) The Uniform North Carolina Conservation and Historic Preservation Agreements Act,North Carolina General Statute 121-34 et seq.,which provides for the enforceability of restrictions, easements, covenants or conditions"appropriate for retaining in land or water areas predominantly in their natural, scenic, or open condition or in agricultural,horticultural,farming or forest use," and which provides for tax assessment of lands subject to such agreements "on the basis of the true value of the land and improvement less any reduction in value caused by the agreement;" 2