Agenda - 09-04-2018 8-g - Ratification – Conservation Easement for Tunnel’s End Horse Farm

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Orange County, NC 20180815000156930 Bk: 6509 Pg: 97 2 / 20 Lf The Property consists primarily of productive agricultural land. The majority of the soils on the Property are classified as "prime" or "statewide important" soils by the Natural Resources Conservation Service, United States Department of Agriculture (also referred to as "NRCS "). The property includes South Fork Little River that flows generally southeast into Little River Reservoir, a City of Durham public water supply. The entire Property is located within the designated Little River Protected Watershed. The primary purposes of this Conservation Easement are to protect the agricultural soils and agricultural viability and productivity of the Property, and to protect the quality of surface waters in the Little River Protected Watershed. The Property also includes riparian and woodland habitats for a variety of wildlife species of importance to the Grantor and Grantee, the people of Orange County and the people of North Carolina. Furthermore, the Property contains outstanding scenic qualities that can be enjoyed by the general public, namely the views along Walnut Grove Church Road. It is a secondary purpose of this Conservation Easement to protect these natural and scenic resources. The agricultural resources of the Property, and its contribution to the protection of prime farmland soils, a public water supply, natural and wildlife habitat, and the other conservation interests described herein to be preserved by this Conservation Easement are collectively referred to as the "Conservation Values" of the Property. The specific Conservation Values of the Property and its current use and state of improvement are described in a Baseline Documentation Report ( "Report") prepared by the Grantee with the cooperation of the Grantor, and acknowledged by both parties to be accurate as of the date of this Conservation Easement. This Report may be used by the Grantee to document any future changes in the use or character of the Property in order to ensure the terms and conditions of this Conservation Easement are fulfilled. The Report, however, is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. The Grantor and Grantee have copies of this Report, and said report will remain on file at the offices of the Orange County Department of Environment, Agriculture, Parks and Recreation. The Grantor and Grantee agree that the current agricultural use of, and improvements to, the Property are consistent with the conservation purposes of this Conservation Easement. The Grantor intends that the Conservation Values of the Property be preserved and maintained, and further, Grantor intends to convey to the Grantee the right to preserve and protect the agricultural and other Conservation Values of the Property in perpetuity. The conservation purposes of this Conservation Easement are recognized by, and the grant of this Conservation Easement will serve, the following clearly delineated governmental conservation policies: Page 2 of 20