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Agenda - 12-09-2003-5a
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Agenda - 12-09-2003-5a
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Last modified
9/1/2008 10:23:54 PM
Creation date
8/29/2008 10:36:43 AM
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BOCC
Date
12/9/2003
Document Type
Agenda
Agenda Item
5a
Document Relationships
Minutes - 20031209
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
RES-2003-080 Resolution of Approval and Acceptance of Grant - Agricultural Conservation Easement with Everett and Lewis Cheek
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2003
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Draft 10-1.5-03 (clean) ~ <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 />(5) The North Carolina Conservation Tax Credit Program, North Carolina General <br />Statute 10.5-130.34 and 105-151.12 et seq., which provides for state income tax credits for <br />donations of land that are useful for fish and wildlife conservation and other similar land <br />conservation purposes; <br />(6) The establishment of the North Carolina Farmland Preservation Trust Fund <br />established in 1986 (N.C.G.S. 106-744(c)) to preserve important farmland in North Carolina; <br />(7) The special use assessment of farm and forestland as set forth in North Carolina <br />General Statute 105-277.2 et seq.; and <br />(8) The zoning of the Property by Orange County as Rural Buffer,. <br />Grantors and Grantee have the common purpose of protecting the above-described <br />conservation values and current condition of the Property and preventing conversion of the <br />Property to nonagricultural uses and Grantor agrees to create and implement a conservation <br />plan (hereinafter the "Conservation Plan") that is developed utilizing the standards and <br />specification of the NRCS field office technical guide and 7 CFR part 12, and is approved by <br />the local Soil and Water Conservation District; <br />The Grantee 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 <br />North Carolina; <br />NOW, THEREFORE, for the reasons given, and in consideration of their mutual <br />covenants, terms, conditions and restrictions contained herein, the parties agree as follows. <br />Grant of Agricultccral Easecuent <br />Grantors hereby voluntarily grant and convey to the Grantee, and the Grantee hereby <br />voluntarily accepts, a perpetual Agricultural Conservation Easement, an immediately vested <br />interest in real property the nature and character described herein, Grantors promise that they <br />will not perform, nor knowingly allow others to perform, any act on or affecting the Property <br />that is inconsistent with the covenants herein. Grantors authorize the Grantee to enforce these <br />covenants in the manner described below. <br />Grantors hereby voluntarily grant and convey to the Grantee all development rights for <br />the Property, except as otherwise reserved and provided by the terms of this Easement, that are <br />now or hereafter inherent in the Property. The parties agree that such rights are terminated <br />and extinguished, and may not be used on or transmitted to any portion of the Property, as it <br />now or hereafter may be bounded or described, or to any other property. <br />
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