Orange County NC Website
Browse       Search
9 <br /> (2) North Carolina General Statute 106-583 et seq.,which states that"It is declared to be the policy of the State <br /> of North Carolina to promote the efficient production and utilization of the products of the soil as essential to <br /> the health and welfare of our people and to promote a sound and prosperous agriculture and rural life as <br /> indispensable to the maintenance of maximum prosperity;" <br /> (3) The Uniform North Carolina Conservation and Historic Preservation Agreements Act,North Carolina <br /> General Statute 121-34 et seq.,which provides for the enforceability of restrictions, easements, covenants or <br /> conditions"appropriate for retaining in land or water areas predominantly in their natural, scenic,or open <br /> condition or in agricultural,horticultural, farming or forest use,"and which provides for tax assessment of <br /> lands subject to such agreements"on the basis of the true value of the land and improvement less any <br /> reduction in value caused by the agreement;" <br /> (4) The establishment of the NCADFP Trust Fund established in 2005 (N.C.G.S. 106-744 (c)) to preserve <br /> important farmland in North Carolina, <br /> (5) The special use assessment of farm and forest land as set forth in North Carolina General Statute 105-277.2 et <br /> seq., <br /> (6) The Orange County Agricultural Development and Farmland Protection Plan,adopted November 17,2009, <br /> which recommends that Orange County acquire agricultural conservation easements to help protect farmland <br /> as valuable natural resources; and <br /> WHEREAS, Grantor and Grantee have the common purpose of protecting the above described Conservation <br /> Values and current condition of the Protected Property and preventing conversion of the Protected Property to non- <br /> agricultural uses and Grantor agrees to create and implement the Agricultural Conservation Plan that is developed <br /> utilizing the standards and specifications of the NRCS Field Office Technical Guide and 7 CFR Part 12, and is approved <br /> by the Grantee. <br /> WHEREAS,the Grantee, Orange County is a body politic existing under Chapter 153A of the North Carolina <br /> General Statutes, and is qualified to hold Easements under the applicable laws of the State of North Carolina and Grantee <br /> Orange County is a tax-exempt public charity under section 501(c) and 509(a)2 of the Internal Revenue Code and the <br /> regulations promulgated thereunder, and Orange County is a qualified organization under I.R.C. section 170(h). Further, <br /> the County is eligible to receive NCADFP Trust fund monies pursuant to Article 61 of Chapter 106 of the North Carolina <br /> General Statutes. <br /> NOW, THEREFORE, for two hundred and fourty-four thousand Dollars($244,000)and for the reasons given and <br /> other good and valuable consideration and in consideration of their mutual covenants,terms, conditions and restrictions <br /> contained herein,the Grantor hereby voluntarily grants and conveys to the Grantee, and the Grantee hereby voluntarily <br /> accepts, a perpetual Conservation Easement in the Protected Property,which Easement is an immediately vested interest <br /> in real property of the nature and character described herein. Grantor promises that he will not perform,nor knowingly <br /> allow others to perform, any act on or affecting the Protected Property that is inconsistent with the covenants contained <br /> herein. Grantor authorizes the Grantee to enforce these Covenants in the manner described below. <br /> 3 <br />