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Agenda 4-f - Resolution of Approval – Conservation Easement on Holden-Roberts Farm and Approval of Budget Amendment #10-C
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Agenda 4-f - Resolution of Approval – Conservation Easement on Holden-Roberts Farm and Approval of Budget Amendment #10-C
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6/4/2019
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Agenda - 06-04-2019 Regular Board Meeting
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8 <br /> WHEREAS,the Protected Property consists primarily of productive agricultural land and forest land. The <br /> Protected Property also contains within its boundary buildings and/or improvements as shown on Exhibit E attached <br /> hereto and incorporated herein. The majority of the soils on the Protected Property have been classified as"prime"or <br /> "statewide important"soils by NRCS. The property is bisected by an unnamed tributary which flows generally <br /> southeastward into Buckwater Creek which flows into the Eno River and to Falls Lake, a public drinking water supply <br /> reservoir serving the City of Raleigh. It is the primary purpose of this Easement to protect the green space, silvicultural <br /> and agricultural soils, and agricultural and silvicultural viability and productivity by limiting nonagricultural uses of the <br /> Protected Property. It is a secondary purpose of this Easement to protect the quality of the surface waters in the watershed <br /> of the Eno River. <br /> WHEREAS,the Protected Property also includes outstanding woodland and riparian habitats for a variety of <br /> wildlife species of importance to the Grantor,the people of Orange County and the people of North Carolina. <br /> WHEREAS,it is a secondary purpose of this Easement to protect the natural wildlife habitat,historical, and <br /> scenic resources. The agricultural,natural,wildlife habitat and scenic resources of the Protected Property are collectively <br /> referred to as the"Conservation Values"of the Protected Property. <br /> WHEREAS,the specific Conservation Values of the Protected Property and its current use and state of <br /> improvement are described in a Baseline Documentation Report("Report")prepared by the Grantees with the cooperation <br /> of the Grantor, and acknowledged by all parties to be accurate as of the date of his Easement. This Report may be used by <br /> the Grantees to document any future changes in the use or character of the Protected Property in order to ensure the terms <br /> and condition of the Easement are fulfilled. This Report,however, is not intended to preclude the use of other evidence to <br /> establish the present condition of the Protected Property if there is a controversy over its use. The Grantor and Grantees <br /> have copies of this Report, and said Report will remain on file at the offices of the Grantees. <br /> WHEREAS,the Grantor and Grantees agree that the current agricultural use of,and improvements to,the <br /> Protected Property are consistent with the conservation purposes of this Easement. <br /> WHEREAS,the Grantor intends that the Conservation Values of the Protected Property be preserved and <br /> maintained, and further,Grantor intends to convey to the Grantees the right to preserve and protect the agricultural and <br /> other Conservation Values of the Protected Property in perpetuity. <br /> WHEREAS,the consideration paid for this Conservation Easement does not represent fair market value of the <br /> Protected Property and it is the Grantor's intent to make a charitable contribution to Grantees. The fair market value of the <br /> Protected Property shall be determined by one of the valuation methods and rules that affect valuation as set forth in <br /> Regulation §1.170A-14(h)(3). <br /> WHEREAS,the Conservation Purposes of the Easement are recognized by, and the grant of this Easement will <br /> serve,the following clearly delineated governmental conservation policies: <br /> (1) North Carolina General Statute 139-2 et seq.,which provides that"it is hereby declared...that the farm, forest <br /> and grazing lands of the State of North Carolina are among the basic assets of the State and the preservation <br /> 2 <br />
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