Agenda - 10-05-2004-6d - Laserfiche WebLink

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Draft 8/26/04 13 The primary purposes of this Conservation Easement are to protect the agricultural soils and agricultural viability azid productivity of the Property, and to protect the water quality of the surface water in the watershed of the Cane Creek Reservoir,. The Property also includes outstanding woodland and riparian habitats for a variety of wildlife species of importance to the Grazitors, 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 Teen Road (State Road 1100) in Bingham Township,. It is a secondary purpose of this Conservation Easement to protect these natural, wildlife habitat, and scenic resources. The agricultural resources of the Grantors' Property, and its contribution to the protection of the public drinking water supply, the natural habitat and the rural character of the area are collectively referred to as the "conservation values" of the Easement Area. The specific conservation values of the Property and its current use and state of improvement aze described in a Baseline Report ("Report") prepared by the Grantee with the cooperation of the Grantors, and acknowledged by both pazties 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 aze fulfilled. This 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 Grantors and Grantee have copies of this Report, and said report will remain on file at the office of the Orange County Environment and Resource Conservation Department. The Grantors and Grantee agree that the current agricultural use of, and improvements to, the Property az'e consistent with the conservation purposes of this Conservation Easement. The Grantors intend that the conservation values of the Property be preserved and maintained, and further, Grantors intend to convey to 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: (1) North Carolina General Statute 139-2 et seq., which provides that "it is hereby declared ...that the farm, forest and grazing lands of the State of North Carolina are among the basic assets of the State and the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people.,.. it is hereby declared to be the policy of the legislature to provide for the conservation of the soil and resources of this State;" (2) North Carolina General Statute 106-583 et seq.., which states that "It is declared to be the policy of the State of North Carolina to promote the efficient production and utilization of the products of the soil as essential to the health and welfare of our people and to promote a sound