Agenda - 12/11/2008 - 4j - Laserfiche WebLink

Browse Search

The Clean Water Management Trust Fund, N.C.G.S. 113-145.1 et seq., which recognizes the importance of protecting riparian buffers in protecting and conserving clean surface water; and The Title XII of the Food Security Act of 1985, as amended (16 U.S.C. 3837), for the Wetlands Reserve Program; and The Uniform Conservation and Historic Preservation Agreements Act, N.C.G.S. 121-34 et seq., which provides 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 use;" and which provides for tax assessment of lands subject to such agreements "on the basis of the true value of the land and improvement less any reduction in value caused by the agreement;" and Article 17 of the North Carolina General Statutes NCGS 113A-240-241, entitled Conservation, Farmland and Open Space Protection and Coordination, otherwise known as the Million Acre Initiative, which states "The State of North Carolina shall encourage, facilitate, plan, coordinate, and support appropriate federal, State, local, and private land protection efforts so that an additional one million acres of farmland, open space and conservation lands in the State are permanently protected by December 31, 2009;" and The special use assessment of farm and forest lands set forth in N.C.G.S. 105- 277.2 et seq. and of historic properties set forth in N.C.G.S.105-278; and The Land Use Element of the Orange County Comprehensive Plan (adopted November 18, 2008) with its goal of "Land uses that are appropriate to on-site environmental conditions and features, and that protect natural resources, cultural resources, and community character." Grantee is a "qualified conservation organization," as defined by the Internal Revenue Code, as evidenced by its IlZS determination letter dated July 12, 1983 and, as certified by a resolution of its Board of Directors, accepts the responsibility of enforcing the terms of this Conservation Easement and upholding its conservation purposes forever. NOW THEREFORE, as an absolute gift, but in consideration of the restrictions contained herein, and pursuant to N.C.G.S. 121-34 et seq., Grantor does hereby convey unto Grantee, its successors and assigns forever, this Conservation Easement on and over the Property, as more particularly described herein, in perpetuity, and consisting of the covenants hereinafter set forth: 1. Restrictions Applying to All Areas. The following restrictions shall encumber the Property in its entirety (and thereby all Areas): a. Prohibited Acts. Grantor promises that it will not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the specific covenants set forth in this Conservation Easement. However, unless otherwise specified below, nothing in this Conservation Easement shall require Grantor to take any action to restore the condition of the Property after any act of nature or other event over which Grantor had no control. Grantor acknowledges KCBCM: 252126.5 3