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2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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Last modified
12/7/2016 8:17:46 AM
Creation date
12/7/2016 8:14:15 AM
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BOCC
Date
12/5/2016
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
4a
Document Relationships
Agenda - 12-05-2016 - 4-a - Resolution of Approval – Conservation Easement for Persimmon Hill Farm
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\Board of County Commissioners\BOCC Agendas\2010's\2016\Agenda - 12-05-2016 - Regular Mtg.
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(9) the special use assessment of farm and forestland as set forth in NCGS § 105-277.2 et <br /> seq., which allows for lower property tax rates for land enrolled in active agricultural uses; <br /> (10) the Land Use Element of the Orange County Comprehensive Plan(adopted <br /> November 18, 2008) with its goal of"Land uses that are appropriate to on-site environmental <br /> conditions and features, and that protect natural resources, cultural resources, and community <br /> character." <br /> (11) The Orange County Agricultural Development and Farmland Protection Plan, <br /> adopted November 17, 2009, which recommends that the County acquire agricultural <br /> conservation easements to help protect farmland as a valuable natural resources; and <br /> (12) The zoning of the Property by Orange County as Agricultural Residential and <br /> South Hyco Creek Protected Watershed Overlay District, the latter to help protect the public <br /> water supply watershed of Roxboro Lake. <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 specification <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 /> Orange County, one of the parties Grantee, is a body politic existing under Chapter 153A <br /> of the North Carolina General Statutes, and is qualified to hold conservation easements under the <br /> applicable laws of the State 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; <br /> The terms, conditions and restrictions of the Conservation Easement are as hereinafter set <br /> forth: <br /> 1. Grant of Conservation Easement; Extinguishment of Development Rights <br /> Grantors hereby voluntarily grant and convey to the Grantee, and the Grantee hereby <br /> voluntarily accept, a perpetual Conservation Easement in the Property, which easement is an <br /> immediately vested interest in real property the nature and character described herein. Grantors <br /> promise that they will not perform, nor knowingly allow others to perform, any act on or <br /> affecting the Property that is inconsistent with the covenants herein. Grantors authorize the <br /> Grantee to enforce these covenants ire the manner described below. <br /> Page 4 of 18 <br />
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