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Agenda - 12-12-2017 - 8-d - Resolution of Approval – Conservation Easement for High Rock Road Farmland; and Approval of Budget Amendment #4-A
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Agenda - 12-12-2017 - 8-d - Resolution of Approval – Conservation Easement for High Rock Road Farmland; and Approval of Budget Amendment #4-A
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12/8/2017 7:27:53 AM
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BOCC
Date
12/12/2017
Meeting Type
Regular Meeting
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Agenda
Agenda Item
8d
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Minutes 12-12-2017
(Message)
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\Board of County Commissioners\Minutes - Approved\2010's\2017
ORD-2017-031 Resolution of Approval – Conservation Easement for High Rock Road Farmland; and Approval of Budget Amendment #4-A
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2017
RES-2017-081 Resolution approving Agricultural Conservation Easement between Orange County and Betty Jane Walters Hill
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\Board of County Commissioners\Resolutions\2010-2019\2017
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10 <br /> Hill CE Draft 11/16/2017 <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 /> 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 /> 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 /> 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 /> 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 /> 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 /> Grantor hereby voluntarily grants and convey 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 /> to any other property adjacent or otherwise, nor used for the purpose of calculating permissible <br /> lot yield of the Property or any other property by anyone or any entity, including the Grantee. <br /> Page 4 of 18 <br />
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