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Agricultural easement and Warranty Deed - Fickle Creek Farm
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Agricultural easement and Warranty Deed - Fickle Creek Farm
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Last modified
3/14/2018 2:14:21 PM
Creation date
3/14/2018 2:10:35 PM
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BOCC
Date
12/8/2017
Meeting Type
Work Session
Document Type
Easements
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VIP11�'.�I9�'��N!Ilil a Vlll ltlll <br />R85400 44 3/22 <br />funds for the acquisition of Conservation Easements, or other interests in prime, unique, or other <br />productive soils for the purpose of limiting conversion to tionagricultural uses of the land; <br />(2) North Carolina General Statute 139-2 el seq., which provides that "it is hereby <br />declared ... that the farm, forest and grazing lands of the State of North Carolina are among the <br />basic assets, of the State and the preservation ofthese lands is necessary to protect and promote <br />the health, safety and general welfare of its people.,, it is hereby declared to be the policy of the <br />legislature to provide for the conservation of the soil and resources of this State;" <br />(3) North Carolina General Statute 106-583 el seq., which states that "It is declared to be <br />the policy of the State of North Carolina to promote the efficient production and utilization of the <br />products of the soil as essential to the health and welfare ofour people and to pronnote a sound <br />and prosperous agriculture and rural life as indispensable to the maintenance of maximum <br />prosperity;" <br />(4) The Uniform North Carolina Conservation and Historic Preservation Agreements Act, <br />North Carolina General Statute 121434 el 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 ofthe land and improvernent, less any reduction in value caused by the <br />agreement;" <br />(5) The establishment of the North Carolina Agricultural Development and Farmland <br />Preservation Trust Fund established in 1986 (N.C.G.S. 106-744(c) as amended) to preserve <br />important farmland in North Carolina; <br />(6) the Clean Water Management Trust Fund, authorized by NCG, S § I 13A-251 el, seq., <br />which finances projects to acquire land and interests in land, including conservation easements <br />for the purposes ol'providing environmental protection for surface "raters and urban drinkir)g <br />Water Supplies; <br />(7) the Soil and Water Conservation Districts, Act, authorized by NCGS § 139-1, et seq., <br />which provides for the preservation of farm, forest and grazing lands; <br />(8) the special use assessment of farm and forestland as set forth in NCGS § 105-277.2 el <br />se,q,, which allows for lower property tax rates for land enrolled in active agricultural uses; <br />(9,) the Land Use Element of the Orange County Comprehensive Plan (adopted November <br />18, 2008) with its goal of "Land uses that are appropriate to on-site environmental conditions and <br />features, and that protect natural resources,, cultural resources, and community character."'; <br />Page 3 of IS <br />
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