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Agenda - 02-20-2007-6a
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Agenda - 02-20-2007-6a
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Last modified
4/23/2013 9:07:50 AM
Creation date
8/28/2008 11:21:02 AM
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BOCC
Date
2/20/2007
Document Type
Agenda
Agenda Item
6a
Document Relationships
Minutes - 20070220
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
S Conservation Easement - Fickle Creek Farm
(Linked From)
Path:
\Board of County Commissioners\Various Documents\2000 - 2009\2007
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Fickle Creek Farm Conservation Easement Draft BOCC Jan 22 8 <br />(4) The Uniform North Carolina Conservation and Historic Preservation Agreements Act, <br />North Carolina General Statute 121 -34 et seq., which provides that conservation agreements are, <br />"interests in land" which may be effective "perpetually;" which provides for the enforceability of <br />restrictions, easements, covenants, or conditions "...appropriate to retaining land or water areas <br />predominantly in their natural, scenic, or open condition or in agricultural, horticultural, farming, <br />or forest use...;" and which provides for tax assessment of lands subject to such agreements "on <br />the basis of the true value of the land and improvement less any reduction in value caused by the <br />agreement;" <br />(5) The establishment of the North Carolina Farmland Preservation Trust Fund <br />established in 1986 (N.C.G.S. 106- 744(c)) to preserve important farmland in North Carolina; <br />(6) The special use value assessment of farm and forestland as set forth in North Carolina <br />General Statute 105 -277.2 et seq.; and <br />(7) The zoning of the Property by Orange County as Agricultural Residential. <br />Grantors and Grantee have the common purpose of protecting the above - described <br />conservation values and current condition of the Property and preventing conversion of the <br />Property to nonagricultural uses. Grantors agree to create and implement a conservation plan <br />(hereinafter the "Conservation Plan") that is developed utilizing the standards and specifications <br />of the NRCS field office technical guide and 7 CFR part 12, as well as other commonly - <br />recognized best management practices, and is approved by the Orange County Soil and Water <br />Conservation District; <br />The Grantee is a body politic existing under Chapter 153A of the North Carolina General <br />Statutes, and is qualified to hold Conservation Easements under the applicable laws of the State <br />of North Carolina; <br />NOW, THEREFORE, for the reasons given and other good and valuable consideration, <br />and in consideration of the mutual covenants, terms, conditions and restrictions contained herein, <br />the Grantors hereby grant and convey unto Grantee a Conservation Easement, of the nature and <br />character and to the extent hereinafter set forth, in respect to the Property as described in Exhibit <br />A; <br />• <br />The terms, conditions and restrictions of the Conservation Easement are as hereinafter set <br />Giant of Agricultural Conservation Easement <br />Grantors hereby voluntarily grant and convey to the Grantee, and the Grantee hereby <br />voluntarily accepts, a perpetual Agricultural Conservation Easement in the Property, which <br />easement is an immediately vested interest in real property the nature and character described <br />herein. Grantors promise that they will not perform, nor knowingly allow others to perform, any <br />
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