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Agenda 01-16-24; 8-j - Resolution of Approval – Terry Road Farm, LLC Conservation Easement
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Agenda 01-16-24; 8-j - Resolution of Approval – Terry Road Farm, LLC Conservation Easement
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BOCC
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1/16/2024
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Agenda
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8-j
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RES-2024-005 Approval of Conservation Easement between Orange County and the Triangle Land Conservancy and Terry Road Farm, LLC
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9 <br /> its forests,wetlands, estuaries,beaches,historical sites, open lands, and places of beauty"; <br /> (6) 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; <br /> (7) The Property has significant forested acreage in the Neuse River Basin and <br /> contributes to the requirement by the State of North Carolina of a basin-wide management <br /> plan for the Neuse River, for the purpose of protecting water quality, public water supply, <br /> significant wetlands and natural areas within the watershed; and <br /> (8) The enabling legislation for the Clean Water Management Trust also known as the <br /> North Carolina Land and Water Fund at N.C.G.S. § 143B-135.230 et seq.which recognizes <br /> the importance of protecting riparian buffers in conserving clean surface water. <br /> E. The characteristics and specific Conservation Values of the Property,and its current <br /> use and state of improvement, are described in a report entitled Terry Road Farm Baseline <br /> Documentation Report (the "Baseline Documentation Report") prepared by TLC with the <br /> cooperation of Grantor and approved by the County. The parties acknowledge that the Baseline <br /> Documentation Report is accurate as of the date of this Conservation Easement. A copy of the <br /> Baseline Documentation Report will remain on file in the office of Grantee and will be used to <br /> assure that the terms and conditions of this Conservation Easement are fulfilled and that any future <br /> changes in the use of the Property will be consistent with the terms of this Conservation Easement. <br /> However,the Baseline Documentation Report is not intended to preclude the use of other evidence <br /> to establish the present condition of the Property if there is a controversy over its use or state of <br /> improvement. <br /> F. Grantor and Grantee have the common purpose of conserving the above-described <br /> Conservation Values of the Property in perpetuity, and the State of North Carolina has authorized <br /> the creation of Conservation Easements pursuant to the terms of the North Carolina Conservation <br /> and Historic Preservation Agreements Act,N.C.G.S. § 121-34 et seq., and N.C.G.S. §§ 160A-266 <br /> to 279, which provides for the enforceability of restrictions, easements, covenants or conditions <br /> "appropriate to retaining land or water areas predominantly in their natural, scenic or open <br /> condition or in agricultural, horticultural, farming, or forest uses," and which provides for tax <br /> assessment of lands subject to such agreements "on the basis of the true value of the land and <br /> improvements less any reduction in value caused by the agreement"; and Grantor and Grantee <br /> wish to avail themselves of the provisions of that law. <br /> NOW, THEREFORE, for and in consideration of the facts recited above and of the mutual <br /> covenants, terms, conditions and restrictions contained herein, together with other good and <br /> valuable consideration,the receipt and sufficiency of which is hereby acknowledged by the parties, <br /> Grantor hereby unconditionally and irrevocably gives, grants and conveys unto Grantee, its <br /> successors and assigns, forever and in perpetuity for the benefit of the people of North Carolina, a <br /> Conservation Easement over the Property of the nature and character as follows, together with the <br /> right to preserve and protect the Conservation Values thereof and the right of access to the Property <br /> for the purposes granted herein: <br /> 3 <br />
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