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04- 12 -'02 09 :51 FROM- Coleman Gledhill & H 9191234567 T -944 PO4/03 U -160 SAMPLE AGRICULTURAL CONSERVATION AGREEMENT THIS AGRICULTURAL CONSERVATION AGREEMENT ( "Agreement ") is made this day of t , by _(NAME) ( "Grantor ") and between Orange County, a North Carolina unit of local government ("Grantee "), WITNESSETH: WHEREAS, Grantor is the sole owner in fee simple of certain real property in Orange County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated by this reference (the "Property' �; and WHEREAS, Grantee is a Nort}r Carolina unit of local government seeking to preserve and protect land in its agricultural condition pursuant to the laws of the State of forth Carolina, and, in partieular, by the Farmland Preservation Enabling Act (Chapter 106, Article 61) and by the Historic Preservation and Conservation Agreements Act (Chapter 121, Article 4) of the North Carolina General Statutes, and pursuant to the Orange County Voluntary Farmland preservation Program Ordinance; and WHEREAS, the Orange County Agricultural Districts Advisory Board ( "Board ") certified the Property as qualifying farmland pursuant to the Orange County Voluntary Farmland Preservation Program Ordinance on and WHEREAS, the Orange County Board of Commissioners designated the Property as a. Voluntary Agricultural District ( "District") pursuant to the Orange County Voluntary Farmland Preservation Program Ordinance on ; NOW, THEREFORE, in consideration of the above and the mutual covenants, t�rrns, conditions, and restrictions contained herein, Grantor hereby voluntarily agrees to preserve and protect the conservation values of the Property for a period not to exceed ten (10) years from the date of this agreement. I , Pulpose. It is the purpose of this Agreement to assure that the Property will be retained in agricultural use. For the purposes of this Agreement, "agricultural use" is defined as cultivation of soil for production of crops, including but not limited to fruits, vegetables, flowers, and omamental plants, the planting and production of trees and timber, and the raising of livestock, for individual and public use, consumption, and marketing, ?. Rights of_ tce. To accomplish the purpose of this Agreement, the following rights are conveyed to Crrantee by this Agreement: (a) As provided in and subject to the limitations contained in this Agreement; Grantor shall limit the use of the Property to agricultural use as defined in this Agreement; and (b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with the terms of this Agreement; provided, however, that such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quite enjoyment of the Property.