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Agenda - 12-01-2003-5a
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Agenda - 12-01-2003-5a
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Last modified
9/1/2008 11:26:15 PM
Creation date
8/29/2008 10:36:13 AM
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BOCC
Date
12/1/2003
Document Type
Agenda
Agenda Item
5a
Document Relationships
Minutes - 20031201
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
RES-2003-074 Resolution of Approval and Acceptance of Grant - Agricultural Conservation Easement with Carl & Elizabeth Walters
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2003
S Agricultural Conservation Easement with Carl and Elizabeth Walters
(Linked From)
Path:
\Board of County Commissioners\Various Documents\2000 - 2009\2003
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D~•aft Il/1/03 (clean) 6 <br />this Easement. This Report may be used by the Grantee to document any future changes in the <br />use or character of the Property in order to ensure the terms and conditions of this Easement <br />are fulfilled. This Report, however, is not intended to preclude the use of other evidence to <br />establish the present condition of the Property if there is a controversy over its use. The <br />Grantors and Grantee have copies of this Report, and said report will remain on file at the <br />office of the Orange County Environment and Resource Conservation Department. <br />The Grantors and Grantee agree that the current agricultural use of, and improvements <br />to, the Property are consistent with the conservation purposes of this Easement. <br />The Grantors intend that the conservation values of the Property be preserved and <br />maintained, and further, Grantors intend to convey to the Grantee the right to preserve and <br />protect the agricultural and other conservation values of the Property in perpetuity. <br />The conservation purposes of this Easement are recognized by, and the grant of this <br />Easement will serve, the following clearly delineated governmental conservation policies: <br />(1) Sections 1238 h and 1238 i of the Food Security Act of 1985, as amended, which <br />authorizes the Farm and Ranchland Protection Program, administered through the United <br />States Department of Agriculture, Natural Resources Conservation Service, which provides <br />funds for the acquisition of Conservation Easements or other interests in prime, unique, or <br />other productive soils for the purpose of limiting conversion to nonagricultural uses of the <br />land; <br />(2) North Carolina General Statute 139-2 et seq., which provides that "it is hereby <br />declared .,..that the farm, forest and grazing lands of the State of North Carolina are among the <br />basic assets of the State and the preservation of these lands is necessary to protect and promote <br />the health, safety and general welfare of its people... it is hereby declared to be the policy of <br />the legislature to provide for the conservation of the soil and resources of'this State;" <br />(.3) North Carolina General Statute 106-583 et seq., which states that "It is declared to <br />be the policy of the State of North Carolina to promote the efficient production and utilization <br />of the products of the soil as essential to the health and welfare of our people and to promote a <br />sound and prosperous agriculture and rural life as indispensable to the maintenance of <br />maximum prosperity;" <br />(4) The Uniform North Carolina Conservation and Historic Preservation Agreements <br />Act, North Carolina General Statute 121-34 et seq., which provides for the enforceability of <br />restrictions, easements, covenants or conditions "appropriate for retaining in land or water <br />areas predominantly in their natural, scenic, or open condition or in agricultural, horticultural, <br />farming or forest use;" and which provides for tax assessment of lands subject to such <br />agreements "on the basis of the true value of the land and improvement less any reduction in <br />value caused by the agreement;" <br />
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