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2020-072-E DEAPR - Watershed Investment Inc watershed access
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2020-072-E DEAPR - Watershed Investment Inc watershed access
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Last modified
2/3/2020 10:48:20 AM
Creation date
2/3/2020 10:19:28 AM
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Contract
Date
1/14/2020
Contract Starting Date
1/6/2020
Contract Ending Date
12/31/2020
Contract Document Type
Agreement
Amount
$0.00
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R 2020-072 DEAPR - Watershed Investment Inc watershed access
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2020
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DocuSign Envelope ID:9A4D309B-6AAB-44AA-9D5E-839E5DD918EF <br /> If���I ����`ll�llll�4ll�llll�llll�l <br /> RE14730 B 3►14 <br /> The Uniform Conservation and Historic Preservation Agreements Act, N.C.G.S. <br /> 121-34 et seq., which provides for the enforceability of restrictions, easements, <br /> covenants or conditions "appropriate to retaining land or water areas <br /> predominantly in their natural, scenic or open condition or in agricultural, <br /> 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 <br /> improvement Iess any reduction in value caused by the agreement;"and <br /> ■ Article 17 of the North Carolina General Statutes NCGS 113A-240-241, entitled <br /> Conservation, Farmland and Open Space Protection and Coordination, otherwise <br /> known as the Million Acre Initiative, which states"The State of North Carolina <br /> shall encourage, facilitate, plan, coordinate, and support appropriate federal, <br /> State, local, and private land protection efforts so that an additional one million <br /> acres of farmland, open space and conservation lands in the State are <br /> permanently protected by December 31,2009;"and <br /> ■ The special use assessment of farm and forest lands set forth in N.C.G.S. 105- <br /> 277.2 et seq. and of historic properties set forth in N.C.G.S.105-278;and <br /> • The Land Use Element of the Orange County Comprehensive Plan (adopted <br /> November 18, 2008) with its goal of"Land uses that are appropriate to on-site <br /> environmental conditions and features,and that protect natural resources,cultural <br /> resources,and community character." <br /> Grantee is a "qualified conservation organization," as defined by the Internal Revenue Code, as <br /> evidenced by its IRS determination letter dated July 12, 1983 and,as certified by a resolution of its Board <br /> of Directors, accepts the responsibility of enforcing the terms of this Conservation Easement and <br /> upholding its conservation purposes forever. <br /> NOW THEREFORE, as an absolute gift, but in consideration of the restrictions contained <br /> herein,and pursuant to N.C.G.S. 121-34 et seq.,Grantor does hereby convey unto Grantee, its successors <br /> and assigns forever, this Conservation Easement on and over the Property,as more particularly described <br /> herein,in perpetuity,and consisting of the covenants hereinafter set forth: <br /> 1. Restrictions Appl►!ing to All Areas. The following restrictions shall encumber the <br /> Property in its entirety(and thereby all Areas)- <br /> a. Prohibited Acts. Grantor promises that it will not perform, nor knowingly <br /> allow others to perform, any act on or affecting the Property that is inconsistent with the specific <br /> covenants set forth in this Conservation Easement.However,unless otherwise specified below,nothing in <br /> this Conservation Easement shall require Grantor to take any action to restore the condition of the <br /> Property after any act of nature or other event over which Grantor had no control. Grantor acknowledges <br /> and agrees that nothing in this Conservation Easement relieves it of any obligation or restriction on the <br /> use of the Property imposed by law. <br /> b. Subdivision. Subdivision of the Western Water Quality Envelope and the <br /> Eastern Forest Envelope is prohibited. The Interior Core and the Western Field may be subdivided <br /> provided that no subdivision or subdivisions result in the existence of more than four parcels in the <br /> aggregate. <br /> 3 <br />
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