HomeMy WebLinkAboutAgenda - 05-03-2011 - 8aoRD-doll- oll~
ORANGE COUNTY
BOARD DF COUNTY CDMMISSIaNERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 3, 2011
Action Agenda
Ifiem No. ~~,
SUBJECT: Resolution of Approval -Conservation Easement forthe Sykes Dairy Farm;
and A royal of Bud et Amendment#9-A
DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: ~YIN~ No
and Recreation ~DEAPR}
ATTACHMENTS INF~RMATIDN CONTACT:
Resolution of Approval David Stancil, 245-2510
Location Map Rich Shaw, 245-2514
Site Map Brent Bogue, 245-2751
Draft Conservation Easement
PURPOSE: To consider a resolution to approve the purchase of and acceptance by Orange
County of an agricultural conservation easement for the Sykes family dairy; and approve
Budget Amendment #9-A.
BACKGROUND: The acquisition of agricultural conservation easements to protect prime
farmland in Orange County is a longstanding goal of the Board of Commissioners, and is a
priority of the Lands Legacy Program. Since completing the, County's first agricultural
conservation easement in 2001, Orange County has protected 1,563 acres of prime farmland
and riparian buffers with conservation easements,
In April 2449, Orange County, in cooperation with the Orange NRCSISoiI and Water
Conservation District Office, applied for matching grant funds from the federal Farm and
Ranch Land Protection Program ~FRPP}. A portion of those grant funds will be used to
purchase a conservation easement to protect approximately 160 acres of the Sykes farm.
The Sykes farm is located north of Bradshaw Quarry Road in southwestern Orange County
Bingham Township}. It is one of just eight dairies in the county. The farm is operated by
Jeff Sykes, who along with his late brother John, took over the dairy from their father, Vernon
Sykes. Today the family owns the farm as the Sykes Family Limited Partnership.
The farm is located in the Cane Creek Protected Watershed, which the County identified as
a priority watershed for acquiring agricultural easements in a dual effort to protect prime
farmland and drinking water quality. Turkey Hill Creek flows through the farm and drains to
Cane Greek Reservoir - a principal source of drinking water for Carrboro and Chapel Hill.
The Sykes family intends to grant a conservation easement on 164 acres of their 300-acre
farm, including the main dairy operation accessed from Oak Grove Church Road}, cropland,
and extensive pastures. About 94°/° of the 160 acres is in active agricultural production. The
proposed conservation easement area is depicted on the attached site map.
2
DEAPR Staff and the County Attorney have worked with the landowners to prepare an
agreement that meets their needs and the County's interests. The easement will allow for
one future residence and one farm workers' residence. All other non-agricultural
development rights will be extinguished through the conservation easement. Future farm
activities will continue in accordance with a Conservation Plan prepared for this farm by the
Orange NRGS1Soil & 1lllater Conservation District. DEAPR staff will monitor the property on
an annual basis. A copy of the draft deed of conservation easement is attached.
The conservation easement conforms to federal guidelines pursuant to the US Department
of Agriculture's USDA} Farm and Ranch Land Protection Program, which will contribute
federal funds to this project. The USDA is in the process of reviewing the appraisal, deed of
easement, and other documents required for grant program approval.
FINANCIAL IMPACT: The fair. market value of the conservation easement is $538,000,
which was determined by an appraisal. The purchase price for the easement is $500,040,
which is 95°/° of the appraised value. The Sykes family intends to donate five percent of the
value x$38,040} and take advantage of federal and state tax benefits available for easement
donations. The County would pay $236,000 ~45% of the total purchase price} and $264,000
X50%} would be paid with as grant from the federal Farm & Ranch Land Protection Program.
Including survey and other transaction costs, the total cost of the project without the five
percent donation} is approximately $524,400. The County's share of the total cost will be
approximately $256,000 the $236,000 plus survey and closing costs}, and would come from
existing funds budgeted in the Lands Legacy Conservation Easement Fund, approved by the
Board of Commissioners in FY 2002-03 and previously appropriated.
The subject property is enrolled in the Present Use Value taxation, program, so the
acceptance of the conservation easement would not lessen the amount of property taxes
paid to the County. The decrease in the property's market value caused by the conservation
easement hand extinguishing of portion of its development rights} would not lower the
property value to a level that is less than present use value.
Budget Amendment #9-A increases the project budget to $520,000 from $10,000 existing
funds in the Sykes Easement Project.
Conservation Easements:
Projecfi # 24006
Revenues for this project:
Throu h FY
9 Prior Years FY2010~11 May 3, 2011 FY 2010-11
2009-10 Project Close
Amendment Amendment
Revised
Dut
Sales Tax & $350, 000 x$337, 056} $12, 944
Dedicated Property
Tax
Private Placement 3,000,000 2,409,368 - 59D,632
Grant Funds 3,547,707 2,063,181 $1,162,526 $264,000 586,000
Transfer from Lands 143,000 ~143,D00} 0
Le ac Ca ital Pro~ect
Total Project $'1,040,70? ~$4,952,fi05~ $~~,~G2,52fi~ $264,000 $~,189,51fi
Fundin
Appropriated for this project:
Throu h FY
g
2009-1 D Prior Years
Project Close
but FY2D10-11
Amendment May 3, 2011
Amendment FY 201 D-11
Revised
Walters Easement $725,000 $725,000 D
Vol e Easement 73,100 73,100 $31,000 31,000
Cheek Easement 580,OD0 580,000 0
McPherson Easement 68,000 68,000 0
Ward Easement 444,750 444,75D 0
Llo d Easement 219,D00 219,000 0
Keith Easement 116,000 116,000 0
Fickle Creek Farm
Easement 277,658 ~277,658~ 0
McKee Easement 612,000 612,DDD o
Latta Easement 601,400 601,400 0
Tate Easement 333,75D 333,750 D
Lee Farm Easement 306,250 306,250 0
Breeze Farm Easement 454,000 45D,DDD 502,000 5D2,000
Underwood Easement 2,000 2,000 0
S kes Farm Easement 10,000 $510,000 52D,DDD
Unallocated 2,231,179 143,697 1,704,906 246,000 ~ 136,576
Total Costs $1,040,701 $ 4,952,fi05 $1,~ fi2,52fi $2fi4,ooo $~,~ 89,51fi
RECOMMFNDATION~S}; The Manager recommends that the Board adopt the resolution
approving the acceptance by orange County of the conservation easement and authorize the
Chair and the Clerk to sign the conservation easement agreement, subject to final review by
staff and County Attorney, with a closing and recordation of the document expected to occur
on or about June 30, 2011, and approve Budget Amendment #9-A~
DES-doll-o~}~
oRANGEC~IJNTY BGARD~F CGI~IMISSIONERS
RES4LUTloN
Approval of Agricultural Conservation Easement between
orange County
and the
Sykes Family Limited Partnership
4
WHEREAS, agriculture in grange County is an important facet of the economy and time
honored way of life in the County; and
WHEREAS, Orange County has an adopted goal promoting the preservation of farmland in
the County; and
WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation
easements on prime farmland within water supply watersheds; and
WHEREAS, the Sykes dairy farm includes approximately ~ 60 acres in the Cane Creek
protected watershed, consists entirely of prime agricultural soils, and is located in an
agricultural community with good access to farm markets; and
WHEREAS, orange County intends to accept an agricultural conservation easement that
would help to conserve the natural and scenic values ofthis farmland; and
WHEREAS, a matching grant was awarded to orange County from the federal Farm and
Ranch Land Protection Program to help purchase the conservation easement; and
WHEREAS, a conservation easement on this ~ 60 acres would ensure the preservation of
this farmland for future generations and help to compensate the owners for this long-term
commitment;
NoW, THEREFORE, BE lT RESOLVED that the grange County Board of Commissioners
does hereby 1 } accept on behalf of grange County the agricultural conservation easement to
protect prime farmland owned by Sykes Family Limited Partnership; 2} approve the execution
of this conservation easement agreement with Sykes Family Limited Partnership, in
accordance with the terms of the proposed easement agreement, subject to final review by
staff and the County Attorney; 3} authorize the Chair and the Clerk to sign the easement
agreement on behalf of the Board, with a closing to occur on or about June 30, 20~ ; and 4}
authorize County staff to sign any and all closing documents upon consultation with the
County Attorney.
This the 3rd day of May, 20~ ~.
Bernadette Pelissier, Chair
grange County Board of Commissioners
Donna Baker, Clerkto the Board
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Proximity to Conservation Lands and Non-Agricultural Development
dykes Dairy Farm
Sykes Dairy Farm Reservoirs & lakes 0 Q.1250,25 0,5 Miles
I i I i I
Conservation easements held by grange County --- --- Streams
Conservation easements held by others ~ Parcel boundary ~~~°tp °' ~,
Orange County ,~~~ ~~
Orange County parkland & open space ~ Subdivisions ERCD u -
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Nan-county parkland & open space ~~
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Site Map
Sykes Dairy Farm
Sykes easement boundary (16~ acres
Agricultural use (13~ acres)
Forest (30 acres)
~_~__ Sykes property boundary (288 acres)
10Q YR Floodplain
..~ ~. , ,,,,, Streams
~ ~~ Parcel boundary
Building footprints
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Sykes Agricultural Consey-vation Easement Draft #3 CLEAN ~
This instrument prepared by and return to: Sohn L. Roberts, office of the orange County Attorney
Box S 18 ~, Hillsborough, NC 27278
Revenue Stamps:
NORTH CAROLINA
COUNTY of ORANGE
WARRANTY
DEED of AGRICULTURAL CONSERVATION EASEMENT
This Deed of Agricultural Conservation Easement thereinafter "Conservation Easement'"
. ~
xs granted on this ~ day of , 201 ~, by SYKES FAMILY LIMITED
PARTNERSHIP, a North Carolina limited partnership, having an address of 5704 Vernon
Road, Mebane, NC 27302, preferred to as "Grantor"~, and ORANGE CQUNTY, NORTH
CARULINA, having an address of Post office Box 8181, Hillsborough, NC 27278 referred to
as "Grantee"} and the UNITED STATES of AMERICA ~"United States"} acting by and throu h
g
the Umted States Department of Agriculture, Natural Resources Conservation Service
thereinafter "USDA", "United States", or "NRCS"} acting an behalf of the Commodity Credit
Corporation as a third party benef ciary, as its interest appears herein. The Grantor and Grantee
are collectively referred to as "The Parties".
The designation Grantor and Grantee as used herein shall include said parties, their
respective heirs, successors and assigns, and shall include singular, plural, masculine, feminine or
neutral pronouns as required by context.
The United States is providing $24,000 toward the purchase of this Conservation
Easement, which amount represents fifty percent of the appraised fair market value of the ri hts
g
conveyed by this Conservation Easement ~"Easement Value"}. Grantor is donating five % of the
Easement Value and the remaining 45 °/a of the Easement Value is provided by the Grantee, for a
total cash consideration of $ 500,000.
Page i of 20
Sykes Agricultural ConseYVation Easement DYaft #3 CLEAN $
WI3EREAS:
Grantor is the sole owner in fee simple, of certain farm Property the "Protected
Property"}, which consists of approximately 160.02 acres of land, located in Bingham Township,
orange County, North Carolina and identif ed as Conservation Easement Area on the plat of
property titled "Conservation Easement Property Surveyed for Orange County D.E.A.P.R,"
prepared by Alois Callemyn, which plat is recorded at Plat Book , Page ~, Orange County
Registry ~P1N 9831-56-4044, PIl~ 9831-37-7890, and PIN 9831-68-1220}. The Protected
Property includes buildings and other improvements, which are shown on Exhibit A, attached
hereto and incorporated herein.
The Protected Property consists primarily of productive agricultural land. All of the soils
an the Protected Property have been classified as "prime" or "statewide important" soils by the
Natural Resources Conservation Service, United States Department of Agriculture also referred
to as "MRCS" or "the United States"}. It is the primary purpose of this Conservation Easement
to protect the agricultural soils and agricultural viability and productivity of the Protected
Property.
The Protected Property also includes outstanding woodland and riparian habitats for a
variety of wildlife species of importance to the Grantor, the people of Orange County and the
people of North Carolina. Streams flow through the Protected Property before entering Turkey
Hill Creek, which flows generally southward along the eastern boundary of the Protected
Property to the Cane Creek Reservoir, a water supply reservoir for the towns of Carrboro and
Chapel Hill, The entire Protected Property is within the Cane Creek Protected Watershed.
Furthermore, the Protected Property contains outstanding scenic qualities that can be enj Dyed by
the general public, namely the views along Bradshaw Quarry Road State Raad 111 S} and
Vernon Road State Road 1118}. It is a secondary purpose of this Conservation Easement to
protect these natural and scenic resources.
The agricultural resources of the Protected Property, and its contribution to the protection
of prime farmland soils, a public water supply, natural and wildlife habitat, and the other
conservation interests described herein to be preserved by this Conservation Easement are
collectively referred to as the "Conservation Values" of the Protected Property.
The specif c Conservation Values of the Protected Property and its current use and state
of improvement are described in a Baseline Report prepared by the Grantee with the cooperation
of the Grantor, and. acknowledged by both parties to be accurate as of the date of this
Conservation Easement. This Report may be used by the Grantee to document any future
changes in the use or character of the Protected Property in order to ensure the terms and
conditions of this Conservation Easement are fulf lied. This Report, however, is not intended to
preclude the use of other evidence to establish the present condition of the Protected Property if
there is a controversy over its use. The Grantor and Grantee have copies of this Report, and said
report will remain on file at the off ce of the Grange County Department of Environment,
Agriculture, Parks and Recreation.
Page ~ of 20
Sykes AgYicultural Conservation Easement Draft #3 CLEAN 9
The Grantor and Grantee agree that the current agricultural use of, and improvements ta,
the Protected Property are consistent with the conservation purposes of this Conservation
Easement.
The Grantor intends that the Conservation Values of the Protected Property be preserved
and maintained, and further, Grantor intends to convey to Grantee the right to preserve and
protect the agricultural and other Conservation Values of the Protected Property in perpetuity.
The conservation purposes of this Conservation Easement are recognized by, and the
grant of this Conservation Easement will serve, the following clearly delineated governmental
conservation policies:
~ 1 } Sections 123 S H and 123 8 ~ of the Food Security Act of 198 5, as amended, which
authorizes the Farm and Ranch Lands Protection Program, administered through the United
States Department of Agriculture, Natural Resources Conservatian Service, which provides
funds for the acquisition of Conservation Easements ar other interests in prime, unique, or other
productive soils far the purpose of limiting conversion to nonagricultural uses of the land;
~2}North Carolina General Statute 139M2 et seq., which provides that "it is hereby
declared ...that the farm, forest and grazing lands of the State of North Carolina are among the
basic assets of the State and the preservation of these lands is necessary to rotect and romote
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the health, safety and general welfare of its people... it is hereby declared to be the policy of the
legislature to provide for the conservation of the soil and resources of this State;"
~3}North Catalina General Statute 106-583 e~ seq., which states that "lt is declared to be
the policy of the State of North Carolina to promote the efficient production and utilization of the
products of the soil as essential to the health and welfare of our people and to promote a sound
and prosperous agriculture and rural life as indispensable to the maintenance of maximum
prosperity;"
~4} The Uniform North Carolina Conservation and Historic Preservation Agreements Act,
North Carolina General Statute 121-34 et seq., which provides that conservation agreements are
"interests inland" which maybe effective "perpetually;" which provides far 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;"
(5) The establishment of the North Carolina Agricultural Development and Farmland
Preservation Trust Fund established in 1986 (N.C.G.S. 106-744(c) as amended) to preserve
important farmland in North Carolina;
Page 3 of 2a
Sykes Ag~icultuYal Conservation Easement Dr°aft #3 CLEAN 1 0
~6} The North Carolina Conservation Tax Credit Program, North Carolina General Statute
105-130.34 and 105-151.12 et seq., which provides for state income tax credits for donations of
land that are useful for fish and wildlife conservation and other similar land conservation
purposes;
~7} The special use value assessment of farm and forestland as set forth in North Carolina
General Statute 105-277.2 et seq.;
~$} The orange County Agricultural Development and Farmland Protection Plan, adopted
November 17, 2009, which recommends that the County acquire agricultural conservation
easements to help protect farmland as a valuable natural resources; and
(9) The zoning of the Protected Property by Orange County as Agricultural Residential.
Grantor and Grantee have the common .purpose of protecting the above-described
Conservation values and current condition of the Protected Property and preventing conversion
of the Protected property to nonagricultural uses. Grantor agrees to create and implement a ,
conservation plan thereinafter the 4LConservation Plan"} that is developed utilizing the standards
and specification of the NRCS f eld office technical guide and 7 CFR part 12, as well as other
commonly-recognized best management practices, and is approved by the Grange County Soil
and Water Conservation District;
The Grantee is a body politic existing under Chapter 153A of the North Carolina General
Statutes, and is qualifed to hold Conservation Easements under the applicable laws of the State
of North Carolina;
NOW, THEREFGRE, for the reasons given and other good and valuable consideration,
and in consideration of the mutual covenants, terms, conditions and restrictions contained herein,
the Grantor hereby grants and conveys unto Grantee a Conservation Easement, of the nature and
character and to the extent hereinafter set forth, in respect to the Protected Property;
forth:
The terms, conditions and restrictions of the Conservation Easement are as hereinafter set
1. Grant of Agricultural Conservation Easement; Extinguishment of Development
Rights
Grantor hereby voluntarily grants and conveys to the Grantee, and the Grantee hereby
voluntarily accepts, a perpetual Conservation Easement in the Protected Property, which
easement is an immediately vested interest in real property the nature and character described
herein. Grantor promises that he will not perform, nor knowingly allow others to perform, any
act on or affecting the Protected Property that is inconsistent with the covenants herein. Grantor
authorizes the Grantee to enforce these covenants in the manner described below.
Page 4 020
Sykes Agricultural Conservation Easement Draft #3 CLEAN ~ ~
Grantor hereby voluntarily grants and conveys to the Grantee all development rights for
the Protected Property, except as otherwise reserved and provided by the terms of this
Conservation Easement, that are now ar hereafter Inherent in the Protected Pro e .The arties
p ~y p
agree that such development rights are now terminated and extinguished, and may not be used on
or transferred to any other property adjacent or otherwise, nor used for the purpose of calculating
permissible lot yield of the Protected Property or any other property by anyone or any entity,
including the Grantee.
2. Statement of Purpose
It is the primary purpose of this Conservation Easement to enable the Protected Property
to remain in agricultural use by preserving and protecting its agricultural soils and agricultural
viability and productivity. Except as specif tally permitted herein, no activi that would im air
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the actual or potential agricultural use of the Protected Property shall be permitted. To the extent
that the preservation and protection of the natural, ,historic, recreational, habitat or scenic values
referenced in this Conservation Easement are consistent with the rim ores stated above
P ~'y p~
it is within the purpose of this Conservation Easement to also protect those values, and no
activity that would significantly impair those values shall be permitted.
As authorized in the Uniform Conservation and Historic, Preservation Act, N.C. Gren.
Stat. § 121-34 et seq., this Conservation Easement is perpetual; it restricts the Grantor's
Protected Property in perpetuity; and it is enforceable by Grantee against the Grantor, its
representatives, heirs, successors and assigns, lessees, agents, and licensees.
3. .Rights and Responsibilities Retained by Grantor
Notwithstanding any provisions of this Conservation Easement to the contrary, the
Grantor reserves to and for himself and his successors ail customary rights and privileges of
ownership, including the rights to sell, lease, and devise the Protected Property provided such
transaction is subs ect to the terms of this Conservation Easement and written notice is provided
to Grantee, together with any rights not specif tally prohibited by or limited by this Conservation
Easement, and consistent with this Conservation Easement. ,Unless otherwise specified below,
nothing in this Conservation Easement shall require the Grantor to take any action to restore the
condition of the Protected Property after any natural disaster or other event aver which he had no
control. Grantor understands that nothing in this deed relieves him of any obligation or
restriction on the use of the Protected Property imposed by law.
4. .Right to Farm
Grantor retains the right to farm, or to permit others to farm the Protected Property,
consistent with the Conservation values of the Protected Property and in accordance with
applicable local, state and federal laws and regulations.
Subject to the terms of this Conservation Easement, farming, grazing, horticultural and
animal husbandry operations are permitted only if conducted consistent with Best Management
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Sykes Agricultural Conservation Easement Draft #3 CLEAN 1 2
Practices promulgated by the State of North Carolina and in conformity with a Conservation Plan
as required in Paragraph g of this Conservation Easement. The Conservation Plan shall address
minimizing the adverse effects of cattle and other Livestock an streams and from entering areas
located within 5o feet of streams the locations of which are identified and marked on Exhibit
A, attached hereto and incorporated herein. The Exhibit A is a copy of a GIS rendering of the
Protected Property, the original of which will be maintained with the Baseline Report at the
office of the Orange County Department of Environment, Agriculture, Parks and Recreation.
5. Right to Privacy
Grantor retains the right to privacy and the right to exclude any member of the public
from trespassing on the Protected Property. This Conservation Easement does not create any
rights of the public in, on or to the Protected Property.
6. Right to Use the PYOtected Property for Customary Rural Enterprises
Grantor retains the right to use the portion of the Protected Property within the
"Farmstead Area" which contains approximately 9.S acres} as identified on Exhibit A, and more
particularly described in the Baseline Report, for otherwise lawful and customary rural
enterprises, such as, but not limited to, farm machinery repair, sawmill, f rewood distribution,
bed and breakfast, farm stand, or educational programs so Tong as such activities are a~ consistent
with Orange County zoning regulations and permits required by and issued by Orange County
under its laws and ordinances as they exist now and as they may be amended from time to time,
and b~ are conducted in buildings otherwise permitted under this Conservation Easement in a
manner that is consistent with the conservation purposes of this Conservation Easement, and c}
are subordinate to the agricultural and residential use of the Protected Property. Conducting
customary rural enterprises on any other part of the Protected Property is not permitted without
the advance written permission of Grantee in each instance. Grantee shall not give such
permission unless Grantee determines that the proposed use will not diminish or impair the
Conservation Values of the Protected Property. Enterprises that market petroleum or chemical
products are prohibited.
7. .Procedure to Construct Buildings and Other Improvements
The Grantor's rights to construct or reconstruct buildings and other improvements are
described in subparagraphs ~a} through ~~} below. Any construction or reconstruction not
permitted below is prohibited. Before undertaking any construction or reconstruction that
requires advance permission, the Grantor shall notify Grantee and obtain written permission. All
construction or reconstruction is subs ect to Orange County zoning regulations and must be
consistent with permits required by and issued by Orange County under its laws and ordinances
as they exist now and as they maybe amended from time to time for such construction activities.
(a) Fences -Existing fences maybe repaired and replaced, and new fences may be
built on the Protected Property for purposes of reasonable and customary management of
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Sykes Agricultural Conservation Easement DYaft #3 CLEAN ~ 3
livestock and wildlife or to fence off the perimeter of the Protected Property without any further
permission of Grantee.
(~} Structures ~ improvements -There are several structures existing on the
Protected Property as of the date of this Agricultural Conservation Easement, as shown on
Exhibit A. Existing structures, including agricultural structures and existing improvements, may
be repaired, reasonably enlarged and replaced at their current locations within the "Farmstead
Area," as shaven on Exhibit A, without further permission from the Grantee. New buildings,
including barns, sheds and other structures and improvements to be used primarily for
agricultural purposes including the processing or sale of farm products predominantly grown or
raised on the Protected Property may be built on the Protected Pro e without an further
p ~Y Y
permission of Crrantee provided they are located in the "Farmstead Area," as shown on Exhibit A.
Structures, improvements, roads as described in Paragraph 12, and other impervious
surfaces located~in the "Farmstead Area," sha11 not exceed 15 percent of the "Farmstead Area" or
result in exceeding the total ~ percent impervious surface limit on the Protected Property.
Impervious surface shall be defined as any material which covers land and inhibits the
percolation of water directly into the soil, including, but not limited to, buildings, roofing, the
area covered by permanent or nonpermanent structures, macadam and pavement, concrete, paved
and stone driveways, roads, and parking areas, including both existing and proposed structures
which are either permanent or temporary.
Any new buildings,, structures or improvements proposed for locations outside the
"Farmstead Area" shall be for agricultural purposes only and may be built only with the advance
written permission of the Grantee. The Grantee shall give such permission v~~ithin a reasonable
time if it determines that the proposed building, structure or improvement would not diminish or
impair the Conservation Values of the Protected Property or otherwise be inconsistent with this
Conservation Easement.
~c} Farm Support Housing -~ No more than one ~l ~ single - or multifamily ~-dwelling
to house farm tenants, employees or others engaged in agricultural production on the Protected
Property may be built on the Protected Property without any further permission of the Grantee,
provided the dwelling is less khan 1,00Q square feet in floor size and it is located within that area
identif ed and marked as the "Farmstead .Area" identified on Exhibit A. Nothing about Orange
County's participation in or the signing of this Deed of Easement constitutes approval of the
permitting of this residential dwelling. At the time that construction of such structure is to
commence, Grantee shall be notified so that its records can be updated.
(~} Single-.Family ,Residential dwellings - No residential dwellings exist on the
Protected Property as of the date of this Conservation Easement. One ~l}, but not more than one,
single-family residential dwelling, not exceeding 3,So0 square feet in floor area, together with
reasonable appurtenant structures, such as garage and sheds, may be built within the area
identified as "Future Residential Envelope" on Exhibit A. Nothing about Grange County's
participation in or the signing of this Deed of Easement constitutes zoning or subdivision
approval or the permitting of this residential dwelling and its appurtenant structures. All
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Sykes Agricultural Conservation Easement Draft #3 CLEAN ~ 4
appurtenant structures shall be contained within the "Future Residential Envelope." At the time
construction of such dwelling and such appurtenant structures is to commence, Grantee shall be
notified so that its .records can be updated.
fie} Recreationar Improvements -Grantor expressly reserves the right to engage in
low impact, non-developed recreational activities requiring no surface alteration of the land and
posing no threat to the Conservation Values set herein such as hunting, fishing, hiring and bird
watching, and to control access of all persons for these purposes; provided that these activities do
not Impact the protection and conservation of any animal habitat ar other Conservation Values of
the Protected Property. However, under no circumstances shall golf courses, golf ranges, airstrips
or helicopter pads be constructed, placed or permitted to remain on the Protected Property.
(f~ Utility Services and Septic Systems -installation, maintenance, repair,
replacement, removal and relocation of electric, gas, and water facilities, sewer sines andlor other
public or private utilities, including telephone or other canlnaunication services over or under the
Protected Property for the purpose of providing electrical, gas, water, sewer, or other utilities to
serve improvements on the Protected Property permitted herein, and the right to grant easements
over and under the Protected Property for such purposes, is permitted. Grantor shall not permit
or grant easements for utility transmission or distribution facilities or systems without the written
consent of the Grantee. Maintenance, repair or improvement of a septic systems} or other
underground sanitary system that exists on the Protected Property at the time of this Conservation
Easement, or the construction of a septic or other underground sanitary system, for the benefit of
any of the improvements permitted herein, is permitted. Grantors ma ,with the advance written
Y
permission of Grantee, which permission shall not be unreasonably withheld, grant and convey
electrical, gas, water, sewer, ar other utiiities to serve improvements located on the properties
identified as PiN 9831-48-4201. and PIN 9831-56-4044 on the recorded plat. Any such utility
easement shall be subordinate to this Conservation Easement and, unless located wholly within a
right of way or utility easement existing on the date of this Deed of Conservation Easement, shall
be located wholly within the areas designated "Future 50' Wide Right of Way" on the recorded
plat. All other utilities are prohibited on the Protected Property. Cellular communication towers
~or structures are also prohibited on the Protected Property.
8. Subdivision
The Protected Property currently consists of portions of three separate parcels of land.
The subdivision of the Protected Property, including its partition, is prohibited except as maybe
required by grange County to enable the construction of the faun support dwelling provided for
in Paragraph 7~c}. in the event a farm support dwelling is constructed that requires Grange
County subdivision approval, the subdivided lot shall, so long as this Conservation Easement is
applicable to the Protected Property, remain in the same ownership as the parent parcel from
which the farm support dwelling lot is divided so that if conveyed the tenant housin farmstead
g~
area, and parent parcel remain together as one parcel. This prohibition applies regardless of how
many separately described parcels are contained in the Protected Property. In any event, all
terms, restrictions, and conditions of this Conservation Easement shall apply to all subdivided
parcels permitted by the terms of this Conservation Easement, including but not limited to the
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Sykes Agricultural Conservation Easement Draft #3 CLEAN ~ 5
requirements of agricultural viability of the Protected Property, the restrictions on future
development, the impervious surface limits on the Protected Property as described in Paragraph
7~b} of this Conservation Easement, the necessity of a Conservation Plan, and the prohibition on
activities that are described in this Conservation Easement. It is understood that notice of this
Conservation Easement will be included in any instrument recorded that subdivides, partitions or
otherwise divides parcels.
9. Conservation .Practices
As required by Section 123 8 Z of the Food Security Act of 1985, as amended, the Grantor,
his heirs, successors, or assigns, shall conduct all agricultural operations on the Protected
Property in a manner consistent with a Conservation Plan prepared in consultation with NRCS
and approved by the Grange County Soil and water Conservation District. This Conservation
Plan shall be developed using the standards and specifications of the NRCS Field Gffzce
Technical Guide and 7 CFR Part 12 that are in effect an the date of execution of this
Conservation Easement. The Grantor may, however, develop and implement a Conservation
Plan that proposes a higher level of conservation and is consistent with the NRCS Field Gff~ce
Technical Guide standards and specef cations. NRCS shall have the right to enter upon the
Protected Property, with advance notice to the Grantor, in order to monitor compliance with the
Conservation Plan.
ha the event of noncompliance with the Conservation Plan, NRCS shall work with the
Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not
to exceed twelve months, to take corrective action. if the Grantor does not comply with the
Conservation Plan, NRCS will inform Grantee of the Grantor's non-compliance. Grantee shall
take all reasonable steps including efforts at securing voluntary compliance and, if necessary,
appropriate legal action} to secure compliance with the Conservation Plan following written
notification from NRCS that ~a} there is a substantial, ongoing event or circumstance of non-
compliance with the Conservation Plan, ~b}NRCS has worked with the Grantor to correct such
noncompliance, and ~c} Crrantor has exhausted his appeal rights under applicable NRCS
regulations.
If the NRCS standards and. specifications for highly erodible land are revised after the
date of this Grant based on an Act of Congress, NRCS will work cooperatively with the Grantor
to develop and implement a revised Conservation Plan. The provisions of this section apply to
the highly erodible Iand conservation requirements of the Farm and Ranch Lands Protection
Program and are not intended to affect any other natural resources conservation requirements to
which the Grantor may be or may become subject.
I0. Forest Nlanage~~xent
Everywhere on the Protected Property, trees may be removed, cut and otherwise managed
to control insects and disease, to prevent personal injury and property damage, to remove non-
native species, for pasture restoration, for firewood and other non-commercial uses, including
construction of permitted improvements and fences on the Protected Property, so long as done in
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Sykes Agricultural Conservation Easement Draft #3 CLEAN 16
accordance with the Conservation Plan referenced in Paragraph 9 of this Conservation Easement
and in accordance with a forest management plan that is prepared by a professional licensed
forester, and that is approved by Grantee, which approval shall not be unreasonably withheld.
Any other cutting, removal or harvesting of trees, including any commercial harvesting of
trees, may be undertaken only if i~ occurs outside of the stream buffer described in Paragraph 4 of
this Conservation Easement and it is in accordance with the Conservation Plan and forest
management plan referred to in this Paragraph 10.
Trees may be planted, harvested and removed within the area identified and marked as
"Farmstead Area" on Exhibit A without the advance written permission of the Grantee, so long
as done in accordance with the Conservation Plan and forest management plan referred to ~n this
Paragraph ~ ~.
11. Mining
There shall be no filling, excavation, dredging, mining or drilling, removal of topsoil,
sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the land
in any manner except as necessary for the purpose of normal and customary farmuag operations
i.n accordance with the Conservation Plan or combating erosion or flooding in accordance with
the Conservation Plan and as reasonably necessary for any maintenance, construction or
reconstruction on the Protected Property permitted herein. Dist-urbed areas for the purpose of
removing soil, gravel, rock, peat, minerals or other materials necessary for permitted customary
agricultural uses on the Protected Property will be limited to one acre in total surface area and
will be restored as soon as practicable after the disturbance. Under no circumstances is the
drilling for or exploration for hydrocarbons permitted in, on or to the Protected Property.
1 ~, Road Construction
Construction and maintenance of farm roads that may be reasonably necessary and
incidental to carrying out the improvements and uses permitted on the Protected Property by this
Conservation Easement are permitted. With the exception of roads within the areas identified as
"Farmstead Area" on Exhibit A, no roads constructed on the Protected Property shall be paved or
otherwise covered with concrete, asphalt, rock, gravel or any other impervious material, without
the advance written permission of Grantee. Grantee shall not give such permission unless
Grantee determines that the proposed paving, or covering of the soil, or the location of any such
road, will not diminish or impair the Conservation values of the Protected Property. Any such
road covered by any impervious material including rock or gravel is subject to impervious
surface requirements in Paragraph 7.
13. Dumping and Trash
Dumping or storage of soil, trash, refuse, debris, ashes, garbage, waste, abandoned
vehicles or parts, appliances, machinery, or hazardous substances, or toxic or hazardous waste, or
any placement of underground or above ground storage tanks or other materials is prohibited.
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Sykes Agricultural Conservation Easement Draft #3 CLEAN
Provided, however, that the storage of agricultural products, byproducts including the
composting of biodegradable material far on-farm used and agricultural equipment used on the
Protected Property is allowable, so long as such storage is done in accordance with all applicable
government laws and regulations and in such a manner so as to not impair the Conservation
Values of the Protected Property.
The land application, storage and placement an the Protected Property of domestic septic
effluent and municipal sewage sludge or liquid generated from such sources for agricultural
purposes maybe undertaken only if in accordance with all applicable federal, state and local Zaws
and regulations.
14. Water Rights
Grantor sha11 retain and reserve the right, consistent with federal, State and local laws and
regulations, to use any appurtenant water rights sufficient to maintain the agricultural
productivity of the Protected Property. Grantor shall not transfer, encumber, lease, sell or
otherwise separate such water rights from title to the Protected Property itself.
15. Natural Resource Restoratr'on and enhancement Activities
Notwithstanding any terms contained within this Conservation Easement, Grantor may
engage or contract others to engage in any activity designed to repair, restore, or otherwise
enhance the natural resources found or once present on the Protected Property, that are consistent
with the Conservation Values of this Conservation Easement and subs ect to the written approval
of Grantee and the Natural Resources Conservation Service.
16. Signs
No new signs shall be permitted on the Protected Property except interpretive signs
describing activities and Conservation Values of the Protected Property, signs identifying the
owner of the Protected Property and the holder of the Conservation Easement, and signs giving
directions or proscribing rules and regulations for the use of the Protected Property. Ail signs
permitted on the Protected Property shall conform to applicable Orange County zoning,
subdivision and building code regulations.
17. Ongoing Responsibilities of GNantor and Grantee
Other than as specified herein, this Conservation Easement is not intended to impose any
legal ar other responsibility on Grantee or the United States, or in any way to affect any existing
obligation of the Grantor as owner of the Protected Property. Among other things, this shall
apply to:
(a) Taxes -The Grantor shall continue to be solely responsible for payment of all
tomes and assessments levied against the Protected Properly. If Grantee is ever required to pay
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Sykes Agricultural ConseYVation Easement Draft #3 CLEAN ~ 8
any taxes or assessments on its interest in the Protected Propez~ty, the Grantor will reimburse
Grantee for the same.
(b) Upkeep andMaintenance -The Grantor retains all responsibilities and shall bear
all casts and liability of any kind related to the ownership, operation, and upkeep and
maintenance of the Protected Property, including the maintenance of adequate comprehensive
general liability insurance coverage. Grantee and the United States shall have no obligation for
the upkeep or maintenance of the Protected Property. Grantor will remain responsible for
upkeep, maintenance, and repairs to any impoundments located on the Protected Propez~ty.
~c) Liability and Indemn~cation ~ Grantor agrees to indemnify and hold Grantee
harmless from any and all casts, claims or liability, including but not limited to reasonable
attorneys' fees, arising from ~i} any personal injury, accidents, negligence or damage relating to
the Protected Propeny, or any claim thereof; (ii} any violation of any federal, state or local
environmental or land use law or regulation or the use of or presence of hazardous substances,
waste or other regulated materials in, on or under the Protected Property; and viii} Grantee's
exercise of its rights of entry pursuant to this Conservation Easement; provided, however that if
such costs, claims ar liability are due in whole ar in part to the negligence of Grantee or its
agents, contractors or employees, liability shall be apportioned accordingly.
In addition, Grantor agrees to maintain liability insurance covering the Protected
Property with the limits as follows: ~i} $300,000 per person for personal injury or death,
$300,000 per occurrence, and iii} $300,000 per occurrence for property damage; and warrant that
Grantee is and will remain a named insured on Grantor's property insurance policies covering the
Protected Property. Grantor shall provide Grantee with a certificate of insurance coverage on the
effective date of this Conservation Easement and within 10 days of each insurance renewal date.
. Grantor shall indemnify and hold harmless the United States, its employees,
agents, and assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines,
fees penalties, suits, proceedings, actions, and costs of actions, sanctions asserted by or on behalf
of any person or governmental authority, and other liabilities whether legal or equitable in nature
and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees
on appeal} to which Grantee maybe subject or incur relating to the Protected Property, which
may arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's breach
of any representation, warranty, covenant, agreements contained in this Conservation Easement
Deed, or violations of any Federal, State, or local laws, including all Environmental Laws.
I8. Enforcement
Grantee shall have the primary responsibility for enforcement of the terms of this
Conservation Easement, subj ect to the rights of the United States. with reasonable advance
notice to the Grantor or with the Grantor's prior verbal consent, Grantee shall have the right to
enter the Protected Property for the purpose of inspecting for compliance with the terms of this
Conservation Easement. Grantee shall have the right to prevent violations and remedy violations
of the terms of this Conservation Easement through judicial action, which shall include, without
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Sykes Agricultural Conservation Easement Draft #3 CLEAN ~ 9
limitation, the right to bring proceedings in law or inequity against any party or parties
attempting to violate the terms of this Conservation Easement. Except when an ongoing or
immi.n.ent violation could irreversibly diminish or impair the Conservation values of the
Protected Property, Grantee shall give the Grantor written notice of the violation and thirty X30}
days to cure the violation, before commencing any legal proceedings. Grantee may obtain an
injunction to stop a violation ar a threatened violation, temporarily or permanently. The parties
agree that a court may issue an injunction or order requiring Grantor to restore the Protected
Property to its condition prior to the violation, as restoration of the property may be the only
appropriate remedy. In any case where a court finds that a violation has occurred, Grantor shall
reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including
but not limited to reasonable attorneys' fees. The failure of Grantee to discover a violation or to
take immediate legal action shall not bar it from doing so at a later time for that violation ar any
subsequent violations. In any case where a court finds no such violation has occurred, each party
shall bear its own costs. In any case where the court finds that there was a complete absence of a
justiciable issue of either law or fact raised by the losing party, the court may award a reasonable
attorney's fee to the prevailing party as provided by applicable law. To the extent required by
law, the preceding sentence does not apply to the United States should the United States became
the Grantee under this easement.
Under this Conservation Easement, the United States is granted the right of enforcement
in order to protect the public investment. The Secretary of the United States Department of
Agriculture the Secretary} or his or her assigns, on behalf of the United States, may exercise this
right of enforcement under any authority available under State or Federal law if the Grantee or
NCDACS fails to enforce any of the terms of this Conservation Easement, as determined in the
sole discretion of the Secretary:
19. Transfer of Conservation Easement
Subject to the contingent rights of the United States ofAmerica as specified in Paragraph
1 S and other pertinent paragraphs herein, and with timely written notice to and approval of the
United States Department of Agriculture, Grantee shall have the right to transfer the Easement
created by this Deed to any public agency, provided the agency or organization expressly agrees
to assume the responsibility imposed an the Grantee by this Deed and has the necessary authority
to hold and administer conservation easements.
20. Transfer of P~^opeYty
The Crrantor agrees to incorporate by reference the terms of this Conservation Easement
in any deed or other legal instrument by which they transfer or divest themselves of any interests,
including leasehold interests, in all or a portion of the Protected Property. Grantor shall notify
Grantee in writing at least thirty ~3 0} days before conveying the Protected Property, or any part
thereof or interest therein. Failure of Grantor to incorporate by reference the terms of this
Conservation Easement in an instrument of transfer or conveyance or to notify Grantee of a
transferor conveyance shall not impair the validity of this Conservation Easement or limit its
enforceability in any way.
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Sykes AgricultuNal Conservation Easement Draft #3 CLEAN 2 ~
21. Amendment of ConseYVation Easement
This Conservation Easement maybe amended only with the written consent of Grantee,
Grantor, and the United States. Any such amendment shall be consistent with the Statement of
Purposes of this Conservation Easement and with Grantee's and the United States' Conservation
Easement amendment policies, and shall comply with Section 17o~h} of the Internal Revenue
Code or any regulations promulgated in accordance with that section. Any such amendment shall
be duly recorded.
22. Procedure in the Event of Termination of Conservation Easement
If it determines that conditions on or surrounding the Protected Property change so much
that it becomes impossible to fulfill the conservation purposes of this Conservation Easement, a
court with jurisdiction may, at the~oint request of both the ~xrantor and Grantee and with rior
p
consent of the United States Department of Agriculture, terminate or modify the Conservation
Easement created by this Deed in accordance with applicable law. If the Conservation Easement
is terminated and the Protected Property is sold then as required by Section l .I 7oA-14~g}~6} of
the IRS regulations, Grantee shall be entitled to sixty percent X60 %} of the net sale proceeds
equal to the ratio of the appraised value of this Conservation Easement to the unrestricted fair
market value of the Protected Property, as these values are determined on the date of this
Conservation Easement}, subject to any applicable law which expressly provides for a different
disposition of the proceeds. The Grantee and the United States of America shall divide the
resulting proceeds in accordance with the percentage of the purchase price of the Conservation
Easement that each patty contributed. The percentages are 47 % for Grantee and 53 % for the
United States of America.
All termination related expenses incurred by the Grantor and Grantee shall be paid out of
any recovered proceeds prior to distribution of the net proceeds as described herein.
23. Procedure in the Event of Condemnation or Eminent Domain
Grantor and Grantee recognize that the sale of this Conservation Easement gives rise to a
property right, immediately vested in Grantee, with a fair market value equal to the proportionate
value that the Conservation Easement bears to the value of the Protected Property prior to the
restrictions imposed by the Conservation Easement. Accordingly, if any condemnation ar
eminent domain action shall be taken, on all or part of the Protected Property, by any authorized
public authority, said authority shall be liable to Grantee for the value of the property right vested
in Grantee at the time of the signing of this Conservation Easement. Due to the federal interest
in this Deed, the United States must consent to any condemnation action.
If condemnation ar a taking by eminent domain of a part of the Protected Property or the
entire Protected Property by a public authority renders it impossible to fulfill any of the
conservation purposes of this Conservation Easement on all or part of the Protected Property, the
Conservation Easement may be terminated or modified accordingly through condemnation
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Sykes Agricultural Conservation Easement Draft #3 CLEAN 21
proceedings. Grantor and Grantee agree that the Conservation Easement is a currently vested
real properly right with a value equal to the proportionate value the Conservation Easement has
to the unencumbered value of the fee, as of the date of this grant. If the Conservation Easement
is terminated or modified and any or all of the Protected Property is sold or taken for public use,
then, as required by Section 1.17~A-14~g}~6~ of the IRS regulations, Grantee shall be entitled to
the proportionate value of the Conservation Easement, which has been predetermined at sixty
percent X50 %} of the Protected Property's unrestricted value, subject to any applicable law which
expressly requires for a different disposition of the proceeds.
If this Conservation Easement is terminated or modified by condemnation action or
eminent domain, Grantee and the United States shall share, 47 % to Grantee and 53 % to the
United States, Grantee's proportional value of the Conservation Easement.
All condemnation-related expenses incurred by the Grantor and Grantee shall be paid out
of any recovered proceeds prior to distribution of the net proceeds as described herein.
24. Interpretation
This Conservation Easement shall be interpreted under the laws of the State of North
Carolina and the laws of the United States, resolving any ambiguities and questions of the
validity of specif c provisions so as to give maximum effect to its conservation purposes.
25. Perpetual Duration; Severabi~ity
The Conservation Easement created by this Deed shall be a servitude running with the
land in perpetuity. Every provision of this Deed that applies to the Grantor or Grantee shall also
apply to their respective agents, heirs, executors, administrators, assigns, and all other successors
as their interests may appear. Invalidity of any of the covenants, terms or conditions of this
Conservation Easement, or any part thereof by court order or judgment shall in no way, affect the
validity of any of the other provisions hereof which shall remain in full force and effect.
26. ~Vlerger
The Parties agree that the terms of this Conservation Easement shall survive any merger
of the fee and easement interest in the Protected Property.
2 7. Notices
.Any notices required by this Deed sha11 be in writing and shall be personally delivered or
sent by f rst class mail to the Grantor and Grantee respectively at the following addresses, unless
a party has been notif ed in writing by the other of a change of address:
To the Crrantor: To the Grantee: To the United States NRC S
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Sykes Agricultural Conservation Easement Draft #3 CLEAN
Sykes Family Ltd. Partnership Qrange County DEAPR State Conservationist
5704 Vernon Road PQ Box S 1 S 1 447 Bland Rd., Suite 117
Mebane, NC 273 d2 Hillsborough, NC 27275 Raleigh, NC 276a9
.ZB. Grantor's ~'itle YYarran~
The Grantor warrants that he holds fee simple title to the Protected Property, free from all
encumbrances and exceptions to tide, except for those exceptions deemed by the Grantee as
acceptable and set further in Exhibit B to this Conservation Easement, and hereby promises to
defend the same against all claims that may be made against it.
Z9. Subsequent Liens on Protected Property
No provisions of this Conservation Easement should be construed as impairing the ability
of Grantor to use the Protected Property as collateral for subsequent borrowing. Any such liens
shall be and remain subordinate to this Conservation Easement.
30. Subsequent Easements/Restrictions on the Protected P~°operty
The grant of any easements or use restrictions that might diminish or impair the
agricultural viability or productivity of the Protected Property or otherwise diminish or impair the
Conservation Values of the Protected Propez~y is prohibited. Any such easements or restrictions
shall be subordinated to this Conservation Easement. Grantor may, with the advance written
permission of Grantee, which permission shall not be unreasonably withheld, grant and convey
an easement for ingress, egress and regress and for utility purposes in order to provide access to
the properties identified as P1N 9531-48-4201 and PIN 9831-56~4~44 on the recorded plat. The
easements granted shall be not wider than fifty X50}feet. Any road or drive constructed within
the easements shall be gravel and otherwise meet but not exceed the Qrange County private road
standards far a Class "B"private road as those standards exist at the time of the grant of this
Conservation Easement. A copy of those standards is attached hereto as Exhibit C and
incorporated herein by reference. Any such easement shall be subordinate to this Conservation
Easement, shall be located wholly within the areas designated "Future 50' wide Right of way"
on the recorded plat, and the impervious surface limits on the Protected Property as described in
Paragraph 7~b} of this Conservation Easement shall pertain to any impervious surface within any
such easement.
31. Grantor's Environmental YYarranty
Grantor warrants that Grantor is incompliance with, and shall remain in compliance with,
all applicable Environmental Laws. Grantor warrants that there are na notices by any
governmental authority of any violation ar alleged violation of, noncompliance or alleged non
compliance with or any liability under any Environmental Law relating to the operations or
conditions of the Protected Property. Grantor further warrants that Grantor has no actual
knowledge of a release or threatened release of any Hazardous Materials, as such substances and
wastes are defined by applicable federal and state law.
~~
Page ~ b of 20
Sykes Agricultural Conservation Easement Draft #3 CLEAN 2 3
Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and
United States against all litigation, claims, demands, penalties and damages, including reasonable
attorney fees, arising from ar connected with the release or threatened release of an Hazardous
Y
Materials on, at, beneath or from the Protected Property, or arising from or connected with a
violation of any Environmental Laws by Grantor or any other prior owner of the Protected
Property. Grantor's indemnif cation obligation shall not be affected by any authorizations
provided by Grantee or the United States to Grantor with respect to the Protected Property or any
restoration activities carried out by Grantee at the Protected Property; provided, however, that
Grantee shall be responsible for any Hazardous Materials contributed by Grantee to the Protected
Property after the date of this Deed of Conservation Easement.
"Environmental Law" or "Environmental Laws" means any and all Federal, state, local or
municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or
requirements of any governmental authority regulating or imposing standards, of liability or
standards of conduct including common law} concerning air, water, solid waste hazardous
materials, worker and communityright-to-know, hazard communication, noise, radioactive
material, resource protection, subdivision, inland wetlands and watercourses, health protection
and similar environmental health, safety, building and land use as may now or at any time
hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils,
explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals,
hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic
chemicals, radioactive materials, infectious materials and any other element, compound, mixture,
solution or substance which may pose a present or potential hazard to human health or the
environment.
3.2. Entire ~igreement
This instrument sets forth the entire .agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, and understandin s or
g
agreements relating to the said easement.
33. .Retarding Clause
Grantee shall record this instrument and any amendment hereto in timely fashion with the
Off ce of the Register of Deeds of Orange County, North Carolina, and may re-record it at any
time as may be required to preserve its rights under this Conservation Easement.
TD HAVE AND TD HOLD this Deed of Conservation Easement unto Grantee, its
successors and assigns, forever.
Page ~ 7 of 24
Sykes Agricultural Conservation Easement Draft #3 CLEAN 2 4
IN w1TNES S wI~EREOF, the Grantor and Grantee, intending to legally bind
themselves, have set their hands on the date first written above.
GRANTOR:
SYKES FAMILY LIMITED PARTNERSHIP
By•
[Name and authority]
Accepted:
GRANTEE:
ORANGE COUNTY, NORTH CAROLINA
By:
Bernadette Pelissier, Chair
Orange County Board of Commissioners
ATTEST:
By:
Donna S. Baker, Clerk to the
Board of Commissioners
Page 1 S of 20
Sykes ~4gricu~tural Conservation ~`asement
Draft #3 CLEAN 2 5
ACCEPTANCE OF PROPERTY n~TEREST BY THE UNITED STATES CF AMERICA
The Natural Resources Conservation Service, United States Department of Agriculture, an
agency of the Uruted States Government, hereby accepts and approves the foregoing Deed of
Conservation Easement, and the rights conveyed therein, on behalf of the United States of
America.
By~
J. B. Marten, Jr.
State Conservationist
NORTH CAR~L~NA
COUNTY GF wAKE
Z, , a Notary Public of
County, North Carolina, do hereby certify that J. B. Martin, Jr., State Conservatianist,Notural
Resources Conservation Service, United States Department of Agriculture, personally appeared
before me and acknowledged the due execution of the foregoing instrument on behalf of the
United States of America.
V~itness my hand and official stamp or seal this day of , Z01 ~ .
Notary Public
.
y commission expires:
Page ~ 9 of ZD
,Sykes agricultural Conservation basement
Acknowledgments
NORTH CARC~LZNA
CGUNTY aF GRANGE
~,
that
of the foregoing instrument.
D~°aft #3 CLEAN 2 6
a Notary Public for said County and State do hereby certify
personally appeared before me and acknowledged the due execution
Witness my hand and off cial stamp or seal this the day of , ZO ~ I .
Notary Public
My commission expires:
NGRTH CAR~L~NA
CGUNTY ~F ORANGE
~, s a Notary Public of grange County, North Carolina do hereby
certify that Donna S. Baker personally appeared before me this day and acknowledged that she is
Clerk to the Board of Commissioners for grange County, North Carolina and that by authority
duly given and as the act of grange County, North Carolina the foregoing instrument was signed
in its name by the Chair of the grange County Board of Commissioners, and attested by her as
Clerk to said Board of Commissioners.
witness my hand and official stamp or seal this the day of , Zo 1 ~~8.
Notary Public
My commission expires:
Page 20 0~ 20