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ORD-2019-026 Resolution of Approval – Conservation Easement on Holden-Roberts Farm and Approval of Budget Amendment #10-C
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ORD-2019-026 Resolution of Approval – Conservation Easement on Holden-Roberts Farm and Approval of Budget Amendment #10-C
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6/5/2019 9:48:58 AM
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BOCC
Date
6/4/2019
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
4-f
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Agenda 06-04-2019 4-f - Resolution of Approval – Conservation Easement on Holden-Roberts Farm and Approval of Budget Amendment #10-C
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\Board of County Commissioners\BOCC Agendas\2010's\2019\Agenda - 06-04-19 Regular Meeting
Minutes 06-04-19 Regular Meeting
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\Board of County Commissioners\Minutes - Approved\2010's\2019
RES-2019-039 Approval of Conservation Easement between Orange County and the Eno River Association and Nels and Nancy Anderson
(Message)
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\Board of County Commissioners\Resolutions\2010-2019\2019
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16 <br /> Orange County Registry, and referenced in Exhibit C. Within the"Riparian Buffer"forest management may occur <br /> to control insects and disease,prevent personal injury and property damage,remove non-native species, and for <br /> construction of fences and other permitted improvements, so long as done in accordance with the provisions of this <br /> Conservation Easement,the Conservation Plan, and a Forest Management Plan. Land used for grazing, <br /> horticulture,crops and animal husbandry operations on the Protected Property shall be in a manner consistent with <br /> an Agricultural Conservation Plan as required in Section 4.5. <br /> 3.8. Natural Resource Restoration and Enhancement Activities. Notwithstanding any terms contained within this <br /> Easement, Grantor may engage or contract others to engage in any activity designed to repair,restore, or otherwise <br /> enhance the natural resources found or once present on the Protected Property. <br /> ARTICLE IV. ONGOING RESPONSIBILITY OF GRANTOR AND GRANTEE <br /> This Easement is not intended to impose any legal or other responsibility on the NCDA&CS, or in any way to affect any <br /> existing obligation of the Grantor as owners of the Protected Property. <br /> Among other things,this shall apply to: <br /> 4.1. Taxes. The Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against <br /> the Protected Property. If the Grantees are ever required to pay any taxes or assessments on their interest in the <br /> Protected Property,the Grantor shall upon demand reimburse the Grantees for the same. <br /> 4.2.Upkeep and Maintenance. The Grantor shall continue to be solely responsible for the upkeep and maintenance of <br /> the Protected Property,to the extent it may be required by law. The Grantees and the State of North Carolina shall <br /> have no obligation for the upkeep or maintenance of the Protected Property. <br /> 4.3.Transfer of Protected Property. The Grantor agrees to incorporate by reference the terms of this Easement in any <br /> deed or other legal instrument by which they transfer or divest themselves of any interest,including leasehold <br /> interests,in the Protected Property. The Grantor shall notify the Grantees in writing at least thirty(30) days before <br /> conveying the Protected Property, or interest therein. Failure of Grantor to do so shall not impair the validity of the <br /> Easement or limit its enforceability in any way. <br /> 4.4.Transfer of Easement. Subject to the contingent rights of the State of North Carolina with timely written notice and <br /> approval of the NCDA&CS,the Grantees shall have the right to transfer this Conservation Easement to any public <br /> agency or private nonprofit organization that, at the time of transfer,is a qualified organization under 26 U.S.C. <br /> Section 170(h)of the Internal Revenue Code, as amended and under NGS 121-34 et seq.,provided the agency or <br /> organization expressly agrees to assume the responsibility imposed on the Grantees by this Conservation <br /> Easement. <br /> As a condition of such transfer, Grantees shall require that the conservation purposes intended to be advanced <br /> hereunder shall be continued to be carried out. If the Grantees ever ceases to exist or no longer qualifies under 26 <br /> U.S.C. Section 170(h) of the Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer <br /> 10 <br />
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