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HomeMy WebLinkAboutAgenda - 06-21-2011 - 5lORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 21, 2011 Action Agenda Item No. 5 - I SUBJECT: Resolution of Approval -Conservation Easement for Breeze Farm (Phase 2) DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (Y/N) No and Recreation (DEAPR) ATTACHMENTS 1. Resolution of Approval 2. Location Map 3. Site Map 4. Draft Conservation Easement INFORMATION CONTACT: David Stancil, 245-2510 Rich Shaw, 245-2514 Brent Bogue, 245-2751 PURPOSE: To consider a resolution to approve the purchase of and acceptance by Orange County of an agricultural conservation easement for the Breeze farm. 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. Through this program, the County has helped protect 1,300 acres of privately-owned farmland and natural areas with permanent conservation easements. Over the past few years, Orange County has been working with the Orange NRCS/Soil and Water Conservation District to complete a planned two-phased conservation easement on the Breeze farm located on Schley Road in Cedar Grove Township. In 2008 the County acquired an easement on a 141-acre portion of Breeze farm (Phase 1). Phase 2 of the easement is planned for the adjacent 153 acres of the family farm. In 2010 Orange County was awarded $150,000 in State funds from the NC Agricultural Development and Farmland Preservation (ADFP) Trust Fund to complete Phase 2 of the project. The County also received $172,000 in federal matching funds from the US Department of Agriculture's Farm and Ranch Land Protection Program (FRPP). Over the last year, DEAPR has worked with the landowners and with the grant agencies on the details of the easement that is presented now for Board approval. Breeze farm, also known as Blue Bonnet Farm, is owned by Colonel William H. Breeze, Sr. Colonel Breeze, a retired Air Force colonel, purchased the property in 1947 and farmed the land for many decades. For the past ten years, Colonel Breeze has leased the farm to raise beef cattle and for hay and wheat production. In 2003 Colonel Breeze and his late wife Elizabeth donated a nearby 163-acre portion of the farm to NC State University to establish the W.C. Breeze Agricultural Extension and Research Facility. 2 For this Phase 2 project, Colonel Breeze intends to grant a permanent conservation easement on approximately 153 acres of the 400-acre farm. DEAPR Staff and the County Attorney have worked with Colonel Breeze and his children to prepare an agreement that meets their needs and the County's interests. This eastern portion of the farm has no existing residence, but the easement will allow construction of one future home site and agricultural buildings within a "Future Farmstead Area" as shown on the attached site map. It will also allow the continued use of two historic structures located within a "Historic Building Envelope" also shown on the site map. All other non-agricultural development will be prohibited by the conservation easement. Future farm activities will continue in accordance with a Conservation Plan prepared for this farm by the Orange NRCS/Soil & Water Conservation District. DEAPR staff will monitor the property on an annual basis. A copy of the draft deed of conservation easement is attached. The Breeze farm is located within the Little River Protected Watershed, which the County identified as a priority watershed for acquiring farmland easements in a dual effort to protect prime farmland and drinking water quality. Two creeks flow through the farm on the way to nearby South Fork Little River - a principal source of drinking water for Durham County. The conservation easement conforms to Federal and State guidelines from the Federal FRPP and State ADFP Trust Fund, which will contribute matching funds to complete this project. The Federal FRPP and NC ADFP Trust Fund are 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 $536,500, which was determined by an appraisal. The purchase price for the easement is $472,000, which is 88 percent of the appraised value. Colonel Breeze intends to donate 12 percent of the easement value ($64,500) and take advantage of Federal and State tax benefits available for easement donations. Funds for the easement purchase would come from three sources: $150,000 (32% of the purchase price) from Orange County, $172,000 (36%) from the Federal Farm & Ranch Land Protection Program, and $150,000 (32%) from the North Carolina Agricultural Development and Farmland Preservation Trust Fund. Including survey and other transaction costs, the total cost of the project (without the landowner's 12% donation) is approximately $490,000. The County's share of the total cost will be approximately $168,000 (the $150,000 plus the survey and closing costs), and would come from existing funds budgeted in the Conservation Easement Fund approved by the Board of Commissioners in FY 2002-03 and appropriated previously . 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 would not lower the property value to a level that is less than present use value. RECOMMENDATION: 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 the staff and County Attorney, with a closing and recordation of the document expected to occur on or about September 30, 2011. ~E S - ao~ ~- o~ 3 A-li-achmen+ 2 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION Approval of Agricultural Conservation Easement between Orange County and William Breeze, Sr. WHEREAS, agriculture in Orange 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 Breeze Farm includes approximately 153 acres in the Little River 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 of this farmland; and WHEREAS, matching grants of $172,000 and $150,000 were awarded to Orange County from the Federal Farm and Ranch Land Protection Program and the North Carolina Agricultural Development and Farmland Preservation Trust Fund, respectively, to help purchase the conservation easement; and WHEREAS, a conservation easement on these approximately 153 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 IT RESOLVED that the Orange County Board of Commissioners does hereby 1) accept on behalf of Orange County the agricultural conservation easement to protect prime farmland owned by William Breeze, Sr.; 2) approve the execution of this conservation easement agreement with William Breeze, Sr., 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 September 30, 2011; and 4) authorize County staff to sign any and all closing documents upon consultation with the County Attorney. This the 21St day of June, 2011. Bernadette Pelissier, Chair Orange County Board of Commissioners Donna Baker, Clerk to the Board Breese Agricultural Conservation Easement Figure 1: Vicinity Map - Breeze co-asrvation ~semer-t - Rtfate 2 Q y N ~~ ~~ e s ~__~ f~i1C@~ bOlWldify i 025.0.5. . . r Miles •~~i tasA~P Orange CotMdy ERCD December 12, 2007 t Qea`g°~aa Rays Creek ~ -' s'o . 4f~ °,~`'~i e 0 0 11 u n u Historic building 0 envelope B b u Tract 2 n ~ ~~ ~~~ ' n " Future n farmstead a envelope n ~ n ~ u u ~ ~ Tract 1 ' . ~ n y •~ ' u . + u n Schle Rd ~ '. '' ~ ~~ • . ~ '~ ~. ~ Exhibit A O &53z3e'co~~) atan easement Orange County / FRPP / ADFPTF ® Future farmstead envelope (8 acres) Agricultural Conservation Easement mesa FUtUre acce33 toad (50' Row) Breeze Farm (153.31 acres) ® Historic building envebpe (1 acre) ®Stream buffer (for livestock exclusion) SVeams - Buildings Q Parcel boundary 0 185 370 740 Feet Orange Canty Dept or Ernirorment, Agriculture, Parks and Recreation M Jones 11/29!2010 A~FI-ach~er~-f `~ 6 Breeze Farm Conservation Easement (Phase II) This instrument prepared by and return to: STATE OF NORTH CAROLINA COUNTY OF ORANGE Draft #3 CLEAN John L. Roberts, Office of the Orange County Attorney Box 8181, Hillsborough, NC 27278 WARRANTY DEED OF AGRICULTURAL CONSERVATION EASEMENT This Deed of Agricultural Conservation Easement ("Conservation Easement") is granted on this _ day of , 2011, by WILLIAM H. BREEZE SR., a single person, having an address of 2600 Croasdaile Farm Parkway, Apartment 337, Durham, NC 27243, (referred to as "Grantor"), to ORANGE COUNTY, NORTH CAROLINA, having an address of Post Office Box 8181, Hillsborough, NC 27278 (referred to as "Grantee"} and the- UNITED STATES OF AMERICA acting by and through the United States Department of Agriculture, Natural Resources Conservation Service (hereinafter "USDA", "United States", or "MRCS")on behalf of the Commodity Credit Corporation as a third party beneficiary, 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 $172,000- toward the purchase of this Conservation Easement, which amount represents 32 percent of the appraised fair market value of the rights conveyed by this Conservation Easement ("Easement Value"). Grantor is donating 12 percent of the Easement Value and the remaining 56 percent of the Easement Value is provided by the Grantee, for a total cash consideration of $472,000. WHEREAS: Grantor is the sole owner in fee simple, of certain farm Property (the "Property"), which consists of approximately 153.31 acres of land, located in Cedar Grove Township, Orange County, North Carolina and identified as the Conservation Easement Area of Tract 2 on the plat Page 1 of 20 7 Breeze Farm Conservation Easement (Phase 77) Draft #3 CLEAN of property titled "Orange County Conservation Easement Tract 2, for the Property of William H. Breeze, Sr." prepared by R.S. Jones & Associates, Inc., which plat is recorded at Plat Book _, Page _, Orange County Registry (PIN 9878-40-3540). The Property includes buildings and other improvements, which are shown on Exhibit A, attached hereto and incorporated herein. The Property consists primarily of productive agricultural land. All of the soils on the 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 "NRCS" 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 Property. The 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 Property before entering the South Fork Little River, a source of drinking water for residents of Durham County. The entire property is within the Little River Watershed Protection Overlay District. Furthermore, -the Property contains outstanding scenic qualities that can be enjoyed by the general public, namely the views along. Schley Road (State Road 1548) located north of Hillsborough. It is a secondary purpose of this Conservation Easement to protect these natural and scenic resources. The agricultural resources of the 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 Property. The specific Conservation Values of the 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 Property in order to ensure the terms and conditions of this Conservation Easement are fulfilled. This Report, however, is not- intended to preclude the use of other evidence to establish the present condition of the 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 office of the Orange County Department of Environment, Agriculture, Parks and Recreation. Grantor and Grantee agree that the current agricultural use of, and improvements to, the Properly are consistent with the conservation purposes of this -Conservation Easement. Grantor intends that the Conservation Values of the 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 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: Page 2 of 20 8 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN (1) Sections 1238 H and 1238 I of the Food Security Act of 1985, as amended, which authorizes the Farm and Ranch Lands Protection Program, administered through the United States Department of Agriculture, Natural Resources Conservation Service, which provides funds for the acquisition of Conservation Easements or other interests in prime, unique, or other productive soils for the purpose of limiting conversion to nonagricultural uses of the land; (2) North Carolina General Statute 139-2 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 protect and promote 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 Carolina General Statute 106-583 et seq., which states that "It 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 in land" which may be effective "perpetually;" 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;" (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; (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.; and (8) The Orange County Agricultural Development and Farmland Protection Plan, adopted November 17, 2009, which recommends that Orange County acquire agricultural conservation easements to help protect farmland as a valuable natural resources; and (9) The zoning of the Property by Orange County as Agricultural Residential. Page 3 of 20 9 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN The Agricultural Development and Farmland Preservation Trust Fund (the "Fund") of the North Carolina Department of Agriculture and Consumer Services ("NCDACS"), an agency of the State, is authorized by the General Statutes of North Carolina to finance the acquisition of conservation easements. Grantee has received a grant from the Fund identified as Contract #G40100009611ADF ("Grant Agreement") for the acquisition of an agricultural conservation easement in consideration of which Grantor has agreed that the Protected Property will be conserved and managed in a manner that will preserve the Conservation Purposes. Grantor, Grantee, and NCDACS intend that the Conservation Values of the Protected Property will be preserved and managed pursuant to the terms and conditions of said Grant Agreement entered into between Grantee and NCDACS dated August 24, 2010, the terms of which are incorporated herein by reference, and which is available for inspection in the offices of Grantee and NCDACS. The United States has authorized the expenditure of federal funds for the purchase of this Conservation Easement. These federal funds are made available by. the Farm and Ranch Lands Protection Program ("FRPP"), administered through the United States Department of Agriculture, Natural Resources Conservation Service, on behalf of the Commodity Credit Corporation. This federal funding entitles the United States to certain rights more particularly described herein. These federal funds are subject to Amendment No. 1 to Cooperative Agreement Number 73-4532-09-001 ("Cooperative Agreement") entered into between the United States Commodity Credit Corporation and Grantee dated July 23, 2010. Grantor and Grantee have the common purpose of protecting the above-described Conservation Values and current condition of the Property and preventing conversion of the Property to nonagricultural uses. Grantor agrees to create and implement a conservation plan (hereinafter the "Conservation Plan") that is developed utilizing the standards and specification of the NRCS .field- office technical guide and 7 CFR part 12, as well as other commonly- recognized best management practices, and is approved by the Orange County Soil and Water Conservation District; Grantee is a body politic existing under Chapter 153A of the North Carolina General Statutes, and is qualified to hold Conservation Easements under the applicable laws of the State of North Carolina; NOW, THEREFORE, 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 Property; forth: The terms, conditions and restrictions of the Conservation Easement are as hereinafter set Page 4 of 20 10 Breeze Farm Conservation Easement (Phase II) Draft #3-CLEAN 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 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 Property that is inconsistent with the covenants herein. Grantor authorizes the Grantee to enforce these covenants in the manner described below. Grantor hereby voluntarily grants and conveys to the Grantee all development rights for the Property, except as otherwise reserved and provided by the terms of this Conservation Easement, that are now or hereafter inherent in the Property. The parties 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 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 Property to remain in agricultural use by preserving and protecting its agricultural soils and agricultural viability and productivity. Except as specifically permitted herein, no activity that would impair the actual or potential agricultural use of the 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 primary purposes stated above, 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. Gen. Stat. § 121-34 et seq., this Conservation-Easement is perpetual; it restricts the Grantors property in perpetuity; and it is enforceable by Grantee against the Grantors, their 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 all customary rights and privileges of ownership, including the rights to sell, lease, and devise the Property provided such transaction is subject to the terms of this Conservation Easement and written notice is provided to Grantee, together with any rights not specifically 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 Property after any natural disaster or other event over which he had no control. Grantor Page 5 of 20 11 Breeze Fann Conservation Easement (Phase 77) Draft #3 CLEAN understands that nothing in this Deed relieves him of any obligation or restriction on the use of the Property imposed by law. 4. Right to Farm Grantor retains the right to farm, or to permit others to farm the Property, consistent with the Conservation Values of the 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 Practices promulgated by the State of North Carolina and in conformity with a Conservation Plan as required in Paragraph 9 (Conservation Practices) of this Conservation Easement. Cattle and other livestock are allowed to exist and to graze on the Property, except within a 100-foot stream buffer, which is 50 feet wide on either side of the stream as measured from the center of the stream and perpendicular to the stream-the location of which is identified and marked on Exhibit A, attached hereto and incorporated herein. Exhibit A is a copy of a GIS rendering of the 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 Property. This Conservation Easement does not create any rights of the public in, on or to the Property. 6. Right to Use the Property for Customary Rural Enterprises Grantor retains the right to use the portion of the Property within the "Future Farmstead Envelope" (which contains approximately six 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, firewood distribution, bed and breakfast, farm- stand, or educational programs so long as such activities ar-e 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 maybe amended from time to time, and are conducted in buildings otherwise permitted under this Conservation Easement in a manner that is consistent with the conservation purposes of this Conservation Easement. Conducting customary rural enterprises on any other part of the 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 Property. Page 6 of 20 12 Br-eeze Farm Conservation Easement (Phase II) Draft #3 CLEAN 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 (f) 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 subject 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 may be amended from time to time for such construction activities. (a) Fences -Existing fences may be repaired and replaced, and new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife or to fence off the perimeter of the Property without any further permission of Grantee. (b) Structures & Improvements -Structures, improvements, roads as described in Paragraph 12 (Road Construction), and other impervious surfaces located on the Property, including those existing on the date of this Conservation Easement, shall not exceed 2 percent of the total area of the 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. Structures, improvements and other impervious surfaces located in the "Future Farmstead Envelope," including those existing on the date of this Agricultural Conservation Easement, shall not exceed 17 percent of the total area of the "Future Farmstead Envelope." '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 Property) may be built on the Property without any further permission of Grantee provided they are located in the "Future Farmstead Envelope." Any new buildings, structures or improvements proposed for locations outside the "Fu-tore Farmstead Envelope" 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 within a reasonable time if it determines that the proposed building, structure or improvement would not diminish or impair the Conservation Values of the Property or otherwise be inconsistent with this Conservation Easement. (c) Historic Structures -The Property includes two existing structures located within the "Historic Building Envelope" identified on Exhibit A, and more particularly described in the Baseline Report. The two existing structures may be repaired and reasonably enlarged without further permission from the Grantee. Page 7 of 20 13 Breeze Far•n Conservation Easement.(Phase II) Dra, ft #3 CLEAN (d) Single-Family Residential Dwellings - No residential dwellings exist on the Property as of the date of this Conservation Easement. One (1), but not more than one, single- family residential dwelling, not exceeding 3,500 square feet in floor area, together with reasonable appurtenant structures, such as garage and sheds, may be built within the area identified as "Future Farmstead Envelope" on Exhibit A. Nothing about Orange County's participation in or the signing of this Deed of Easement constitutes zoning or subdivision approval or the pernutting of appurtenant structures. At the time construction of such appurtenant structures is to commence, Grantee shall be notified so that its records can be updated. (e) Recreational 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, hiking 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 or other Conservation Values of the Property. however, under no circumstances shall golf courses, golf ranges, airstrips or helicopter pads be constructed, placed or permitted to remain on the Property. (f) Utility Services and Septic Systems -Installation, maintenance, repair, replacement, removal and relocation of electric, gas, and water facilities, sewer lines-and/or other public or private utilities, including telephone or other communication services over or under the Property for the purpose of providing electrical, gas, water, sewer, or other utilities to serve improvements on the Property permitted herein, and the right to grant easements over and under the 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 system(s) or other underground sanitary system that exists on the 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 may, with the advance written permission of Grantee, which permission shall not be unreasonably withheld, grant and convey electrical, gas, water, sewer, or other utilities -to serve improvements located on the property identified as "Tract 4" 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 area designated "Future 50' Wide Right of Way" on the recorded plat. All other utilities are prohibited on the Property. Cellular communication towers or structures are also prohibited on the Property. 8. Subdivision The Property currently consists of a single tract of land. The further subdivision of the Property, including its partition, is prohibited. This prohibition applies regardless of how many separately described parcels are contained in the 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 requirements of Page 8 of 20 14 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN agricultural viability of the Property, the restrictions on future development, the impervious surface limits on the 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 1238 I of the Food Security Act of 1985, as amended, the Grantor, his heirs, successors, or assigns, shall conduct all agricultural operations on the Property in a manner consistent with a Conservation Plan prepared in cdnsultation with NRCS and approved by the Orange County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide and 7 CFR Part 12 that are in effect on 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 Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. In 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 PIan, 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) Grantor 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 tl7e highly erodible land 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. 10. Forest Management Everywhere on the 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 Property, so long as done in accordance with the Conservation Plan referenced in Paragraph 9 (Conservation Practices) of this Conservation Easement and in accordance with a forest management plan that is prepared by a Page 9 of 20 15 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN 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 it occurs outside of the stream buffer described in Paragraph 4 (Right to-Farm) of this Conservation Easement and it is in accordance with the Conservation Plan and forest management plan referred to in this Paragraph 10 (Forest Management). Trees may be planted, harvested and removed within the areas identified and marked as "Future Farmstead Envelope" and "Historic Building Envelope" 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 in this Paragraph 10 (Forest Management). 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 farming operations in 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 Property permitted herein. Disturbed areas for the purpose of removing soil, gravel, -rock, peat, minerals or other materials necessary for permitted customary agricultural uses on the 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 Property. 12. 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 Property by this Conservation Easement are permitted. With the exception of the proposed future accessloads identified on Exhibit A, no roads constructed on the 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 u-mess 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 Property. Any such road covered by any impervious material including rock or gravel is subject to impervious surface requirements in Paragraph 7 (Procedure to Construct Buildings and Other Improvements). 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. Provided, however, that the storage of agricultural products, byproducts (including the Page 10 of 20 16 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN composting of biodegradable material for on-farm use) and agricultural equipment used on the 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 Property. The land application, storage and placement on the Property of domestic septic effluent and municipal sewage sludge or liquid generated from such sources for agricultural purposes may be undertaken only if in accordance with all applicable federal, state and local laws and regulations. 14. Water Rights Grantor shall 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 Property. Grantor shall not transfer, encumber, lease, sell or otherwise separate such water rights from title to the Property itself. I5. PJatural Resource Restoration 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 Property, that are consistent with the Conservation Values of this Conservation Easement and subject to the written approval of Grantee and the Natural Resources Conservation Service. 16. Signs No new signs shall be permitted on the Properly except interpretive signs describing activities and Conservation Values of the Property, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions or proscribing rules and regulations for the use of the Property, and signs to indicate that the Property is part of the FRPP or NCDACS programs. All signs permitted on the Property shall conform to applicable Orange County zoning, subdivision and building code regulations. 17. Ongoing Responsibilities of Grantor and Grantee Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on Grantee, NCDACS, or the United States, or in any way to affect any existing obligation of the Grantor as owner of the Property. Among other things, this shall apply to: (a) Taxes -The Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Property. If Grantee is ever required to pay any taxes or assessments on its interest in the Property, the Grantor will reimburse Grantee for the same. Page 11 of 20 17 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN (b) Upkeep and Maintenance -The Grantor retains all responsibilities and shall bear all costs and liability of any kind related to the ownership, operation, and upkeep and maintenance of the Property, including the maintenance of adequate comprehensive general liability insurance coverage. Grantee, NCDACS, and the United States shall have no obligation for the upkeep or maintenance of the Property. Grantor will remain responsible for upkeep, maintenance, and repairs to any impoundments located on the Property. (c) Liability and Indemnification -Grantor agrees to indemnify and hold Grantee, NCDACS, and the United States harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys' fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or agents of Grantee, in which case liability shall be as provided by law. In addition, Grantor agrees to maintain liability insurance covering the Property with the limits as follows: (i) $300,000 per person for personal injury or death, $300,000 per occurrence, and (ii) $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 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. (d) Baseline Documentation Report -Grantee shall maintain the Baseline Documentation Report based on annual monitoring of the Property in accordance with its adopted procedures and standards. (e) Conservation Plan -Grantee shall ensure that farm operations are in compliance with the Conservation Plan for the Property. (f) Investigation -Grantee shall investigate any suspected violations of this Conservation Easement, and inform NRCS and the NCDACS (or the relevant successor agencies) of any such-violations. (-g) Reporting -Grantee shall provide an annual monitoring report to NRCS and-the NCDACS. which shall set forth any necessary actions needed to maintain compliance with the terms of this Conservation Easement. Enforcement of the terms of this Conservation Easement shall be in accordance with Paragraph 18 (Enforcement). 18. Enforcement The Grantee shall have the primary responsibility for enforcement of the terms of this Conservation Easement, subject to the rights of the NCDACS and 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 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 limitation, the right to bring proceedings in law or in equity against any party or parties attempting to violate the terms of this Conservation Easement. Except when an ongoing Page 12 of 20 18 Breeze Fann Conservation Easement (Phase II) Draft #3 CLEAN or imminent violation could irreversibly diminish or impair the Conservation Values of the Property, Grantee shall give the Grantor written notice of the violation and thirty (30) days to cure the violation, before commencing any legal proceedings. Grantee may obtain an injunction to stop a violation or a threatened violation, temporarily or permanently. The parties agree that a court may issue an injunction or order requiring the Grantor to restore the 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, the 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 or any subsequent violations. In arty 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 become the Grantee under this easement. In the event that Gr-antee fails to enforce .any of the terms of this Conservation Easement, as determined in the sole discretion of the Commissioner of Agriculture of the State, the Commissioner of Agriculture, and his or her successors and assigns, shall have the right to enforce the terms of the Conservation Easement through any and all authorities available under federal or state law. In the event that Grantee attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this Conservation Easement without the prior written consent of the Commissioner of Agriculture and payment of consideration to the NCDACS, then, at the option of the Commissioner of Agriculture, all right, title and interest in this Conservation Easement shall become vested in the NCDACS. 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 Sates, 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 NCDACS and the United States as specified in Paragraph 18 (Enforcement) and other pertinent paragraphs herein, and with timely written notice to and approval of the NCDACS and the United States, Grantee shall have the right to transfer the Conservation Easement created by this Deed to any public agency, provided the agency or organization expressly agrees to assume the responsibility imposed on the Grantee by this Deed and has the necessary authority to hold and administer conservation easements. Page 13 of 20 19 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN 20. Transfer of Property The Grantor 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 Property. Grantor shall notify Grantee in writing at least thirty (30) days before conveying the 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 transfer or conveyance shall not impair the validity of this Conservation Easement or limit its enforceability in any way. 21. Amendment of Conservation Easement This Conservation Easement may be amended only with the written consent of Grantee, Grantor, and approved by the North Carolina Commissioner of Agriculture and Secretary of the United States Department of Agriculture. Any such amendment shall be consistent with the Statement of Purposes of this Conservation Easement and with Grantee's Conservation Easement amendment policies, and-shall comply with Section 170(h) of the Internal Revenue Code or any regulations promulgated in accordance with that section. Any such amendment shall be duly recorded. Grantee shall give notice of any amendment to, and secure approval from, the NCDACS and the United States. 22. Procedure in the Event of Termination of Conservation Easement If it-determines that conditions on or surrounding the Property change so much that it becomes impossible to fulfill the conservation purposes of this Conservation Easement, a court with jurisdiction may, at the joint request of both the Grantor and Grantee and with prior consent of NCDACS and the United States, terminate or modify the Conservation Easement created by this Deed in accordance with applicable law. If the Conservation Easement is terminated and- the Property is sold then as required by Section 1.1 70A-14(g)(-6) of the IRS regulations, Grantee shall be entitled to sixty-four percent (64%) 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 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, NCDACS, and-the United States, shall divide the resulting proceeds in accordance with the percentage of the purchase price of the Conservation Easement that each party contributed. The percentages are 32% for Grantee, 32% for NCDACS, and 36% for the United States. 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 Property prior to the restrictions Page 14 of 20 20 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN imposed by the Conservation Easement. Accordingly, if any condemnation or eminent domain action shall be taken, on all or part of the 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 or a taking by eminent domain of a part of the Property or the entire 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 Property, the Conservation Easement may be terminated or modified accordingly through condemnation proceedings. Grantor and Grantee agree that the Conservation Easement is a currently vested real property 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 Property is sold or taken for public use, then, as required by Section 1.170A-14(g)(6) of the IRS regulations, Grantee shall be entitled to the proportionate value of the Conservation Easement, v~hich has been predetermined at sixty-four percent (64%) of the 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, the NCDACS, and the United States shall share, 32% to Grantee, 32% to NCDACS, and 36% to the United States, Grantee's proportional value of the Conservation Easement. All condemnation-relat-ed 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 s-hall 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 specific provisions so as to give maximum effect to its conservation purposes. 25. Perpetual Duration; Severability 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. Page 15 of 20 21 Breeze Fann Conservation Easement (Phase II) Draft #3 CLEAN 26. Merger The Parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Properly. 27. Notices Any notices required by this Deed shall be in writing and shall be personally delivered or sent by first class mail to the Grantor, NCDACS, the United States, and Grantee respectively at the following addresses, unless a party has been notified in writing by the other of a change of address: To the Grantor: William H. Breeze Sr. 2600 Croasdaile Farm Pkwy. Apartment 337 Durham, NC 27243 To the United States NRCS: State Conservationist 4407 Bland Rd., Suite 117 Raleigh, NC 27609 28. Grantor's Title Warranty To the Grantee: Orange County DEAPR PO Box 8181 Hillsborough, NC 27278 To the 1\?CDACS: NC ADFP Trust Fund 2 West Edenton Street Raleigh, NC 27601 The Grantor warrants that he holds fee simple title to the Property, free from all encumbrances and exceptions to title, 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. 29. Subsequent Liens on Property. No provisions of this Conservation Easement should be construed as impairing the ability of Grantor to use the Property as collateral for subsequent borrowing. Any such liens shall be and remain subordinate to this Conservation Easement. 30. Subsequent Easements/Restrictions on the Property The grant of any easements or use restrictions that might diminish or impair the agricultural viability or productivity of the Property or otherwise diminish or impair the Conservation Values of the Property 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 Page 16 of 20 22 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN for ingress, egress and regress and for utility purposes in order to provide access to the property identified as "Tract 4" on the recorded plat. The easement granted shall be not wider than fifty (50) feet. Any road or drive constructed within the easement shall be gravel and otherwise meets but not exceed the-Orange County private road standards for 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 easements shall be subordinate to-this Conservation Easement, shall be located wholly within the area designated "Future 50' Wide Right of Way" on the recorded plat, and the impervious surface limits on the 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 Warranty "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 community right-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 arty other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with, and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Grantor warrants that he has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property exceeding regulatory limits. Moreover, Grantors hereby promise to indemnify and hold harmless the Grantee, NCDACS, and the United States against all costs, claims, demands, penalties and damages, including reasonable attorney fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee, the NCDACS, or the United States to Grantor with respect to the Property or any restoration activities carried out by Grantee at the Property; provided, however, that Grantee shall be Page 17 of 20 23 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN responsible for any Hazardous Materials contributed by Grantee to the Property after the date of this Deed of Conservation Easement. 32. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, and understandings or agreements relating to the said easement. 33. Recording Clause Grantee shall record this instrument and any amendment hereto in timely fashion with the Office 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. TO HAVE AND- TO HOLD this Deed of Conservation Easement unto Grantee, its successors and assigns, forever. [The remainder of this page is intentionally left blank. Signature page follows.] Page 18 of 20 24 Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN 1N WITNESS- WHEREOF, the Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: Accepted: ATTEST: By: Donna S. Baker, Clerk to tree Board of Commissioners APPROVED AS 'I'O FORM William H. Breeze Sr. GRANTEE: ORANGE COUNTY, NORTH CAROLINA Bernadette Pelissier, Chair Orange County Board of Commissioners By: Authorized Signature for North Carolina Department of Agriculture and Consumer-Services D.._ David Steinbock ACCEPTANCE OF PROPERTY INTEREST BY THE UNITED STATES OF AMERICA The Natural Resources Conservation Service, United States Department of Agriculture, an agency of the United 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. Martin, Jr. State Conservationist Page 19 of 20 25 Breeze Farna Conservation Easement (Phase II) Draft #3 CLEAN Acknowledgments NORTH CAROLINA COUNTY OF ORANGE I, , a Notary Public for said County and State do hereby certify that William H. Breeze Sr. personally appeared before me and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal this the My conunission expires: NORTH CAROLINA COUNTY OF ORANGE day of , 2011. Notary Public I, , 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 Orange County, North Carolina and that by authority duly given and as the act of Orange County, North Carolina the foregoing instrument was signed in its name by the Chair of the Orange 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 My commission expires: day of , 2011. Notary Public Page 20 of 20