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9 <br /> BOCC Draft 6/10/16 <br /> (4) The establishment of the NCADFP Trust Fund established in 2005 (N.C.G.S. 106-744 (c)) to preserve <br /> important farmland in North Carolina; and <br /> (5) The special use assessment of farm and forest land as set forth in North Carolina General Statute 105-277.2 et <br /> seq. <br /> (6) The Orange County Agricultural Development and Farmland Protection Plan, adopted November 17, 2009, <br /> which recommends that Orange County acquire agricultural conservation easements to help protect farmland <br /> as valuable natural resources; and <br /> (7) The zoning of the Protected Property by Orange County as Agricultural Residential. <br /> WHEREAS, Grantor and Grantee have the common purpose of protecting the above described Conservation <br /> Values and current condition of the Protected Property and preventing conversion of the Protected Property to non- <br /> agricultural uses and Grantor agrees to create and implement a conservation plan in accordance with Paragraph 4.5 <br /> (hereinafter the"Conservation Plan")that is developed utilizing the standards and specifications of the NRCS Field Office <br /> Technical Guide and 7 CFR Part 12, and is approved by the Grantee <br /> WHEREAS, the Grantee Orange County is a body politic existing under Chapter 153A of the North Carolina <br /> General Statutes, and the Grantee Eno River Association is a 501(c)(3)non-profit corporation, and each of them is <br /> qualified to hold Easements under the applicable laws of the State of North Carolina and is a qualified organization under <br /> I.R.C. section 170(h). Further, each of the Grantees is eligible to receive NCADFP Trust fund monies pursuant to Article <br /> 61 of Chapter 106 of the North Carolina General Statutes. <br /> NOW, THEREFORE, for one hundred and eighty-five thousand Dollars ($185,000) and for the reasons given and <br /> other good and valuable consideration and in consideration of their mutual covenants,terms, conditions and restrictions <br /> contained herein, the Grantor hereby voluntarily grants and conveys to the Grantees, and the Grantees hereby voluntarily <br /> accept, a perpetual Conservation Easement in the Protected Property,which Easement is an immediately vested interest in <br /> real property of the nature and character described herein. Grantor promises that he will not perform,nor knowingly <br /> allow others to perform, any act on or affecting the Protected Property that is inconsistent with the covenants contained <br /> herein. Grantor authorizes the Grantees to enforce these Covenants in the manner described below. <br /> ARTICLE I. GENERAL <br /> 1.1. Statement of Purpose. It is the primary purpose of this Agricultural Conservation Easement to enable the Protected <br /> Property to remain in agricultural use by preserving and protecting its green space,wildlife, silvicultural and <br /> agricultural soils and agricultural and silvicultural viability and productivity by limiting nonagricultural uses of the <br /> Protected Property. No activity that would significantly impair the actual or potential agricultural use of the <br /> Protected Property, or that is otherwise inconsistent with the purposes of this Conservation Easement shall be <br /> permitted. To the extent that the preservation and protection of the natural,historic,recreational,habitat or scenic <br /> values referenced in this Easement are consistent with the primary purposes stated above, it is within the purpose <br /> of this Easement to also protect those values, and no activity that would significantly impair those values shall be <br /> permitted. <br /> 3 <br />