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Agenda - 09-12-2006-6c
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Agenda - 09-12-2006-6c
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Last modified
9/2/2008 5:08:53 AM
Creation date
8/29/2008 9:46:08 AM
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BOCC
Date
9/12/2006
Document Type
Agenda
Agenda Item
6c
Document Relationships
Minutes - 20060912
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2006
RES-2006-074 Agricultural Conservation Easement with Vickie & David McKee
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2006
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~LlcKee Agrlcultttr'al Conservation Basement Draft #4 (BOCC.) <br />(3) North Carolina General Statute 106-58.3 et seg., which states that "It is declared to be <br />the policy of the State of North Carolina to promote the eff cient production and utilization of the <br />products of the soil as essential to the health and welfare of our people and to promote a sound <br />and prosperous agriculture and rural life as indispensable to the maintenance of maximum <br />prosperity;" <br />(4) Zhe Uniform North Carolina Conservation and Historic Preservation Agreements Act, <br />North Carolina General Statute 121-34 et seq., which provides that conservation agreements ar'e <br />"interests in land" which maybe 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 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 Residentiah <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 and 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, and is approved by the Orange <br />County Soil and Water 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 />ofNorth 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 />The terms, conditions and restrictions of the Conservation Easement are as hereinafter set <br />forth: <br />Page .3 of 18 <br />
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