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Item 8-c - Resolution of Approval – Conservation Easement on Walker Farm and Approval of Budget Amendment #4-A
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Item 8-c - Resolution of Approval – Conservation Easement on Walker Farm and Approval of Budget Amendment #4-A
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BOCC
Date
12/11/2018
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Regular Meeting
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Agenda
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8-c
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Agenda - 12-11-2018 Regular Board Meeting (CANCELED)
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\BOCC Archives\Agendas\Agendas\2018\Agenda - 12-11-2018 CANCELED (items addressed 12-18-2018)
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10 <br /> (10) The Orange County Agricultural Development and Farmland Protection Plan, <br /> adopted November 17, 2009, which recommends that the County acquire agricultural <br /> conservation easements to help protect farmland as a valuable natural resource; and <br /> (11) The zoning of the Property by Orange County as Agricultural Residential and <br /> Little River Protected Watershed, the latter to help protect the public water supply watershed of <br /> Little River Reservoir. <br /> Grantor and Grantees have the common purpose of protecting the above-described <br /> Conservation Values and current condition of the Protected Property and preventing conversion <br /> of the Protected Property to nonagricultural uses. Grantor agrees to create and implement a <br /> conservation plan (hereinafter the "Conservation Plan") that is developed utilizing the standards <br /> and specification of the NRCS field office technical guide and 7 CFR part 12, as well as other <br /> commonly-recognized best management practices, and is approved by the Orange County Soil <br /> and Water 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 <br /> the 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 Grantees, <br /> their successors and assigns, forever and in perpetuity for the benefit of the people of North <br /> Carolina, a Conservation Easement of the nature and character and to the extent hereinafter set <br /> forth, in respect to the Protected 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 Grantees, and the Grantees hereby <br /> voluntarily accept, a perpetual Conservation Easement on the Protected Property, which <br /> easement is an immediately vested interest in real property the nature and character described <br /> herein. Grantor promises that they will not perform, nor knowingly allow others to perform, any <br /> act on or affecting the Protected Property that is inconsistent with the covenants herein. Grantor <br /> authorizes the Grantees to enforce these covenants in the manner described below. <br /> Grantor hereby voluntarily grants and convey to the Grantees all development rights for <br /> the Protected Property, except as otherwise reserved and provided by the terms of this <br /> Conservation Easement, that are now or hereafter inherent in the Protected Property. The parties <br /> agree that such development rights are now terminated and extinguished, and may not be used on <br /> or transferred to any other property adjacent or otherwise, nor used for the purpose of calculating <br /> permissible lot yield of the Protected Property or any other property by anyone or any entity, <br /> including the Grantees. <br /> Page 4 of 19 <br />
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