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Fickle Creek CE Attachment 4 Draft 9/19/2017 <br />Page 4 of 18 <br /> <br />(10) 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 /> <br />(11) The zoning of the Property by Orange County as Agricultural Residential and <br />Back Creek Protected Watershed, the latter to help protect the public water supply watershed of <br />Graham-Mebane Lake. <br /> <br />Grantor 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. Grantor agrees 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 /> <br />Orange County is a body politic existing under Chapter 153A of the North Carolina <br />General Statutes, and is qualified to hold conservation easements under the applicable laws of the <br />State of North Carolina; <br /> <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 />and as an absolute and unconditional gift, the Grantor hereby grants and convey unto Grantee, its <br />successors and assigns, forever and in perpetuity for the benefit of the people of North Carolina, <br />a Conservation Easement of the nature and character and to the extent hereinafter set forth, in <br />respect to the Property; <br /> <br />The terms, conditions and restrictions of the Conservation Easement are as hereinafter set <br />forth: <br /> <br />1. Grant of Conservation Easement; Extinguishment of Development Rights <br /> <br />Grantor hereby voluntarily grants and convey to the Grantee, and the Grantee hereby <br />voluntarily accept, a perpetual Conservation Easement on the Property, which easement is an <br />immediately vested interest in real property the nature and character described herein. Grantor <br />promises 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. Grantor authorizes the <br />Grantee to enforce these covenants in the manner described below. <br /> <br />Grantor hereby voluntarily grants and conveys to the Grantee all development rights for <br />the Property, except as otherwise reserved and provided by the terms of this Conservation <br />Easement, that are now or hereafter inherent in the Property. The parties agree that such <br />development rights are now terminated and extinguished, and may not be used on or transferred <br />10