Agenda - 09-16-2003-5b - Laserfiche WebLink

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Draft 8/28/03 9 Brown Conservation Easement (6) the special North Carolina Conservation Tax Credit Program, which encourages contributions of land that provides habitat for fish and wildlife and other similar land conservation purposes set forth in N.C.G.S. 105-130.34 and 105-151.].2 et se .; and (7) the Clean Water Management Trust Fund, North Carolina General Statute 113-145.1 et seq., which recognizes the importance of protecting riparian buffers in conserving clean surface water. The natural resources and natural habitat of the Grantor's Property, and its contribution to the protection of the open space and rural character in the Rural Buffer of northern Chapel Hill Township are collectively referred to as the "Conservation Values" of the Easement Area. D. The characteristics of the Easement Area, its current use and state of improvement, are described in a report entitled "Baseline Report on the Property," dated , 2003 (hereafter "the Baseline Report") prepared by Grantee with the cooperation of the Grantor, and acknowledged by both parties to be an accurate description of the Easement Area as of the date of this Conservation Easement. It will be used by the Grantor and Grantee to assure that any future changes in the use of the Easement Area will be consistent with the terms of this Conservation Easement. However, the Baseline Report is not intended to preclude the use of other evidence to establish the present condition of the Easement Area if there is a question about its use. E. The Grantor and Grantee have the common purpose of conserving the above-described conservation values of the Easement Area in perpetuity, and the State of North Carolina has authorized the creation of Conservation Easements pursuant to the terms of the North Carolina Conservation and Historic Preservation Agreements Act, N.C. Gen. Stat. § 121-34 et seq., and N.C. Gen. Stat. §§ 160A-266 - 279, which provide for the enforceability of restrictions, easements, covenants or conditions "appropriate to retaining land or water areas predominantly in their natural, scenic or open condition or in agricultural, horticultural, farming, or forest uses," and which provide for tax assessment of lands subject to such agreements "on the basis of the true value of the land and improvements less any reduction in value caused by the agreement"; and the Grantor and Grantee wish to avail themselves of the provisions of those laws. NOW, THEREFORE, the Grantor, for and consideration of the facts recited above and of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute and unconditional gift, hereby gives, grants and conveys unto the Grantee, its successors and assigns, forever and in perpetuity for the benefit of the people of North Carolina, a Conservation Easement over the Easement Area of the nature and character as follows: 1. PURPOSE. The purposes of this Conservation Easement are to ensure that the Easement Area will be retained forever predominantly in its natural, forested, and open space