HomeMy WebLinkAboutS Easement - William H Breeze Sr. for Deed of Agricultural Conservation Easement2'Z
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This instrvment prepued by and return to:
Rcv~,,,,~ ~4•-«.~s ~~~~-
lohn L. Roberts, Ofttce of et~ Orsr-ge Counry Attoce~~
Box ai81, Ffittsborough, NC 2727E ~L
STATE OF IrIORTH CAROLINA ~ g 7$~-`iO ~~5~"I ~
COUNTY OF ORANGE ~
~JVJARRANTY
DEED OF AGRICULTURAL CONSERVATION EAS~MENT
T'Etis Deed of ' ultur~l Cotzservatio~ Ease~ner-t ("Canservation Easement") is granted
on this ~ c~ay af , 2U12, by WILLIAM H. BREEZ~ SR, a sixt~le pe~son,
havit~g an address of 2600 roasc~aile Farm Parkway, Apartmc~t 337, Durham, NC 27243,
(referred to as "Gi~antor"), Eo ORANGE COUNTY, NORTH CAROLINA, havin~ a~ ~ddr~ss
of Post O~ce Box ~181, Hetlsborough, NC 272T8 (referred to as "Grantee") and the UrtITED
STATES OF AMERICA sciing by and tt~mug~i the Ur~ited States Depar~ent of Agriculture,
Natural Resources Ca~tservation Service (herein~fter "USDA", "Unitect St~tes", or "NRCS")
acting an be~lf of the Cammodity Credit Corporetian~ ~ss its interest appeara ~erein, for the
purposc of forever eonserving the agr~cultur~l ptoductivity of the Property and its v~tue for
resource preserv~tion ~s ~ open sgace. The Grantor and Gr~tee are coilectively refecccd ~o as
"the P~rties".
The desig~tation C3r~tor and Grantee ~s uscd hcrctn shall includc said parties, t~ir
respective ~eira, auccessors snd ~saigns, and shall include si~gul~r, plur~l, tn~sculine, femin~ne or
neutral prot~ouns as peqr~'sred by eontext.
The United States is providing S 172,Q00 toward the purchase of this Conservetion
Easement, wh~ch amount represents 32 perccnt of the ~gpraised fa~r rn~rket v~lue of the rights
conveyed by this Conservation Essement ("Easemcnt Value"). Gr~ntor is donat~ng 12 percent of
the E~sement Value and the ~ining 56 percent of t~ F.~scnicni Walue ia provided by the
Grantcc, far ~ tat~l cash consider~t~an af 5472,000.
WHEREAS:
Granior is che sale owner in fee simpk, af cert~in far~n Property (ehe "Property"j, which
consists of approxi~nately 153.31 acres of tar~d, located in Cedar Grove Towns~ip, Or~ge
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County, North Carolina ~nd identifieci ~s t~e Canscrvation ~serrunt Ar~ of Tr~ct 2 oe~ the plat
of property titled "O~nge County CorL~ervgtion F.ssement Tract 2, far the Praperty of William H.
Breeu, Sr." prepared by R.S. Jones & Assoc~ates, Inc., wl~ieh pl~t is rccor~ed ~t P~~t Book ~,
Pa~e 1,~, Qr~nge County Registry (PIN 9E7&-40-35401. The Frogerty ineludes buik~ings and
other improvemcnts, which ~te shown on i't , att~eheci her~to and incorpar~ted hercin.
The Property eansists primarrily of productive a~ricultural ~and. A!1 of t!u soi}s o~ the
Property ~ve been classified as "prime" or "statewide impoitarrt" soils hy the Natural Resaurces
Canservation Service, United St~tes Departrnent of Agricutture (slso refeircd to aa "NRCS" or
"thc United Statos"). It is the primazy pur~wse af this Conservation EasE~nent to prutect t~
agricultural soila and agricultural viatrility snd productivtty of the Praperty.
The Property also includes outstanding woodland and rip~rian habitats far a va~iety of
wildtife species of importance to the Grantor, the peopk of Ora~ge County end the pec>ple of
North Carolina. Streams flow through the Property before entering the Sauth FQrk Little River, a
source of drinking waler for residents of Durhacr- CounEy. The entire property is within the Little
River Waterstted ProEection Overlay District. Furthermore, Ehe PropeRy eontAit't~ tttttstsrfdi~~
scenic qualities that can be enjoyed by the gec~€ral pnblic, nsmcly the views along ~chley Rc~atl
(State Ro~d 154~) located north of Hillsborough. It is a secondary pu~OSe of this Conservation
Easement to proteet these natur~l and scerric reso~rees.
The agrricu~tuural resources of the Property, and its contributic>n to t~e prot~ction af prime
faimland soils, ~ pubtic wster suPply, t~tural ar~ wildiife tcRbitst, and the athEr carzservation
interests described herein to be preserved by this Canscrvstion Easement et~e coilectivcty refcrnod
to as the "Canservation V~}.}ues" of E~e Property.
The specifsc Conservation Values of the Property a~d its e~rrent tue and state of
improvement ~re describ~d in a Baseline Doct~mentation REport prcpared by the Grantee vr~th t~e
cooperatian of the Grantor, and ~cknowledged hy bath p~rties to be accur~te as af the date of this
Conservation E~ement. This Report may be usccd by the Grantee to docum~t any futture
changes in the use or charncter af the Property in order to ensure t~e terms and conditions of lhis
Canservation ~sement are fulfilled. This Repart, however, is not irttended to ~+ccluc~ the use
of other evideric~e to establish the preset~i cend~tion of the Praperty if there is a contmversy over
its use. The Gra~tor and Grantee havc copies of this Report, and said report will retna~ir~ on file
at the o~ce of the Or~nge County Departr~tnt of Environ~nt, Agr~cultttre, Farks and
Reereation.
Grantor and Grantee egree that che eurnnt agricuhur~l use of, ~d imgrovernents to, tl~e
Property are consiste~t with the conservation ptirposes of thia Canserv~tion ~me~t.
Grantar intends that the Conserv~tio~ Vulues of the Praperty be presertred and
maintained, and furt~er, Grantor inte~tds to caflvey to Gr~ntce the right to preserve ~d ~otect
the agricultural and c~ther Canservation Val~s of Ehe Pmpecty en perpeterity.
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The conserv~tion purposes of this Conscrvatian Easement are recogniud by, and the
grant of thcs Conserv~tion Easement will serve, the fa~lo~ving c~earty detineated governmental
canservation palfcies:
(1) 'Thc Fc~ckral Farm and R~nch Lands Proteetion Progr~m prov~des funding for the
perchase of Canservation Easements for the purpase af protecting agrlcultur~l uses of that tand
(16 U.S.C. Scctions 383II~ and 3II3~i);
(2) North Caralina (#eneral Statute I 34-2 et seq., which pmvic~es that "it is hereby
declared ...that t~e farm, forest and ~razing lands of the State of North Carolins are among the
hasic assets of the State and the preservation of these lands is necessary to protect and promote
the heatth, safety and gencral welfare of its peop}e... it is hereby decl~rred to be the policy of the
legislature to pmvide far the con~rv~tion of the soil ac~ resources of this State;"
(3) North Carolina General Statute 1 Q6-583 et seq., which st~tes that "It is declared to be
the policy of the State of Narth Csrolina to gromote the eff eient productien and utilization of the
groducts of the soil as es.sential to t~e hc~ith and welfr~rre af Qur paople and to pmmate a so~nd
and prosperaus agrieulture and n~r~! tifc as indispet~sahle to the msintertsnce of maximum
prosperity;"
(4) The Uniform North Carolina Conservation and Histaric Preservation A~reements Act,
North Carolina C~ner~l Statute 121-34 et aeq.~ w#~ieh provides that co~tservation agreements ~re
"intcrests in l~nnd" which m~y be e~'fective "pcrpet~ially;" which grovides for the enforceability of
restrietions, eas~tnenEs, covenants ar eonclitions "...appmpriate to retaircing I~nd or water ~reas
predomitia~ttly in t~tir na~ural, sce~tic, or open cond~tion or in agricultur~l, hotticultural, farming
or for~st use...;" and which providES for tax assessment of lands subject to srach agreements `bn
the hasis of the true vatue of the l~nd snd img~ov~ment less any reduction in value c~used by the
agreement;"
(S) The establishment of the North Carolina Agricult~aral Development and Far~nland
Preservation Trust Fund established in 1986 (N.C.G.S. 106-74~(c) ss aFnended) to preserve
importatzt fatmland in Nart~ Csro~i~~;
(6) The Narth Carolina Cots~ervation T~ Credit Pmgramn, North Carolina Cienerml St~tute
105-13U.34 and 105-1 S 1. } 2 et seq., which provides for state income ta~c credits for donstions of
land that ~re us~ful for fish and wrildlife conserv~tion and other simil~r }and conservation
pterpasca;
(7) The speci~t use vr-!ue ~ssessment of farm end forestl~nd ~.s set forth in Narth Carolina
General Statute 145-271.2 et seq.; ~
(8) The Orange Cau~ty Agric~ltural De~+elopment ~nd F~rminnd Pmtection Plan, adopted
November 1?, 2009, wh~ch recommends that Orange County acquire agricultaral conservation
easements to hclp protect fazml~nd as a valu~ble natural resaurcces; and
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(9) The zoning of the Prap~rty by Orange Co~nty as agrieultural Res~tial.
The Agricultural Develapment and ~armland Preservation Tnut Furul (the "Fund") of the
Narth Carolina Departrnent of Agriculture gnd Cc~surrier Senrices ("NCDACS"), an ~gcncy of
the State, is a~tttwriud by the General Statutes of Narth Carolina to fir~ce the acquis~tian of
conservation ~as~ments.
Grac~tee has ceceived a grant from the Fund ~dentified ~s Contract #C3401 OOU0961 l ADF
("Grant Agreement") for the acquisition of an agricultural conservation ~as~ment in
cons~deration of which Grantor lsas agrecd that the Praperty will be conserved and ~anagai in a
manner t}~t witl preserve the Conscrvation Purposes.
Grantor, Grantee, and NCDACS intend tlxtt the Conservation Va1t~a ofthe Pmpert~ vo+itl
be preservod and managed pursuant to the terms and conditions of s~id Grarit Agreement ~ntered
into between Grantee and NCDACS dated August 24, 2010, the terms of which are incorporsted
herein by reference, erid which is availabk far inspection in the o~ces of Grantee and
NCDACS.
The United Stt~tes tias autharized the exp~dit~ of feckral funds for the purehase of thts
ConsErvation Easernent. These federal funds sre made avaitable by the Far~ arid Raneh Lands
Protcction Program ("FRPP"), adminiat~reci through che U~ited States Departcnent af
Agriculture, Natural Resot~uces Conservation Service, on behalf of the Cor~modity Crcd#t
Corparatias~. T}~is federal funding entitlea the t3nited Stnte~ to certain rights more particu~~rty
described herein. These federal funds are subj~ct to Amendrnent No. 1 to Caoperative
Agree~t Number 73-4532-09-(}Ul (KCoaperative AgreEtncr~t") cntcr~d into betweer~ the
United States Commodity Cr~dit Carporation and Grantec ciated J~aly 23, 2010.
Grantor ~nd Gr~ntex have the cominon purpose of pratecting the above-described
Cot~servntion Values a~d curnnt conciition of the Property ~d preventing conversian of the
Property to nonagricuttural uses. Grar~tor agrees to create and implement a conservation plan
(hereinaRer the "Conservation Pl~n") ~t is developed utitizing the stend~rds snd speeificatian
of the NRCS f:eld office technical guide and 7 CFR part l 2, as well as other eo~nmonly-
recognized best man~gement practices, ~r-d is ~gproved by thc Orange Caut~ty Soil ~nd Water
Canservatian District;
Grantee is a body po}itic eac~sting under Ch:pter 153A of the North Carotina Generat
Statutes, and is quslified to hald Con~ervation E~sements ~nder the ~pglicsble Eaws of the St~te
of NorEh CarQlina;
NOW, THEREFORE, for the reasona given acid ather good and valt~ablE eonsicieration,
and in cons~deration of the mutual covcnaftts, tertns, conditions and restrietians contained herei~,
the Grantor tiereby grants and conveys unto Grantce a Conserv~tian Easement, of tltie ~ature anci
char~cter and to the ex€ent hertinafter set forth, in respect to the Property;
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forth:
Tho terms, conditions and restrictions of t~e Conservation Easem~ent are as hereinat~er sct
1. Grant of Agricultura! Coruervation Easement; F~tinge~ishnztnt of D~evetopn~ent
Rights
Gr~ntor ~ureby voluntarily gr~nts and eonveys to the Gr~rftee, and t~e Grantee hereby
voluntarily aceepis, ~ p~rpetazai Conservation Easemtnt in the Prap~, wlueh easemcnt ia an
irnmediately vested interest in real pmperty the nature and eharacter described }~rtin. Grantor
promises that he will not perform, nor kt~owiagly allow others to perfarm, any act on or nffeeting
the Property that is inconsistcnt with the covenants herein. Grantor autharizes the Gc~at~tee to
enforce these eove~nts in the manr-Er described below.
Grantor herehy votuntarily ~rants ~nd conveys to the Grantee all develogmer-t ri~hts for
the Property, except ~s atherwise rescrved and provided by the terms of this Conservarian
Easement, that are now on c~reaRer intier~mt en the Property. The p~rties agne thut such
devclopment rights are now terminated and extinguishcd, and may not be used on or tr~n~feired
to ~ny athar property ~djacent ar othervvise, nor tased far thc purpose of calculating permissib}~
!ot yicld of the Prapcrty or any other property by anyone or any entity, ine}uding the Grac~tee.
2. S~at~ment af Purpose
It is the primary pvrpoae of t~is Conscrvation Eascment to cnable t~-e Property tar ~emain
in agricu4tt~ral use by preserving and protGCting i~.s a~ricultural sails and agricuhural viability and
productivity. Exeept as specifieally pern~itted hez+ci~, no activtt~ thAt would impair the actual or
potcntial ~gricuttural use of the Prop~rty shall be peimitted. To the exte~t that the preserWatiar~
and protection of the natural, historic, recrE~tional, h~bit~t or scenic values refere~~ced i~ t~is
Conservatian Easement are consistent with the prien~ry purposes stated above, it ia within thc
purpose of this Consero~tion Eas~ment to also proicct those v~lues, and no activEty t~t wauld
significantly impair those values shs-11 be pccrmitted.
As authorized in the Uniform Cansetvatian ~nd Historic Freservatior~ Act, N.C. Gen.
Stat. § 121-34 et seq., this Conservation Easement is perpetuai; it restricts tl~e Grantors gmperty
in perpetuity; and it is enforceab~e by Gr~ntee aga'tnst the Gr~ntors, their regresentativea, ~eirs,
succ~ssors ~d assigns, lessees, agent~, arid licensees.
3. Rights and Respansrbiftties Reta~ned by Grantor
Notwithstanc~ing any provisians of tttia Conservation Easem~ttt to tht co~tre~ry, ~e
Grantor reserves to and for l~imself and his successors all custamary righ~s ar-d privileges of
ownership, including the rights to sell, lease, ~d devise the Property grovided s~h tra~nsaction is
subject to the trnns of this Canservstion Ease~ntnt and written notice ia pmvic~od to Gra~tee,
together with any rights not spccific~lly ~ohibited by ar limited by this Consenation Easemc~t,
and consistent with this Conserv~tion F.a~ement. Unless othervvi~se specified below, nvtt-ing 'in
this Conserv~tion Easement sh~ll eequire the Gr~tor to take any s~cdon to restore the co~dption
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of the Property a~er any natural diasster or other event over which he h~ ~o controL Grantor
understands that nothing 'tn t}us De~d nl~eves ~im of any abligation ar restriction on the use of
the Property imposEd by law.
4. Riglat to Farra
Grantor retains the right to farm, or to permit othcrs to farm the Frapcrty, consistent with
the Conservntion Values of the Property and in aceord~nce with applicabte loeal, state ~nd
federal }aws and reguiations.
Suhjcct to the terms of this Conservation Easement, farming, grazi~, horticultur~l ~nd
animal husbandry operations are permitted anly if conducted cansistent with Best Iv~attagement
Practices promulgated by the State of North Carolina and in confortnity with a Conservation Plan
as rec}uircd in Pazagraph 9(Conservatian Practices) of this Conservatian Easernent.
Cattle and other livestock are allowed to eicist and to gr~ze on tHe Praperty, except within
a 100-foot stream buffer, which is SO feet wide on either side of the stream as measured from the
center of t~e stream and perpendicu~ar to the strea~n- the loc~tion of vvhieh is i~ntifi~d and
m~rked on ~! i't attachcd hereto and incorparated herein. Exhibit A is a copy af a GIS
renckring of the Froperty, the origir~al of w~ich will be ~naintaincd with the Baselitie
Documentation Report at the of~ice of the Orange County Department of Envirarune~tt,
Agr~culture, Parks ~rtd Rccreatio~-.
S. Rrght to Priwacy
Grantor reteina tt~e right to privaey and the right to exc}etde any member of the p~blic
from trespassing on the Property. This ConsErvatian Essement does nat c~+eatc any rights of the
public in, on or to the Propcrty.
6. Right to Use the Prop~rty for Customary Rural Enterprises
Grar-tor retaina the right to use the portion o€the Froperty within the "F~ture Farn~ste~d
Enveiope" (which contains approximatcly six acres) as identified on ~,~abit A• gnd more
p~rtteularty described in the Baseline Doeument~ntian Report, for ot~erwise l~nwful and eustomary
rural entetprises, such as, but not limited to, farm machinery repair, savvmill, firewood
distribution, bed ~nd breakfast, farm stand, or educ~tional pmgrams so long as such activities are
consistent with Orange County zoning regt~lations and permits required by and issued by Orange
County under its laws and ordinances as they exist now and as they m~y be ~mended from time
to time, and are conducted in buildings otherwise permitted under this Conserv~tian Easement in
a manner that is eonsistent with the conservation gurposes of this Conserv~tian Easem~nt.
Conducting custamary rural enterprises on ~ny other part of the Property is not pertnitted withaut
the advance written permission of Grarttee in each instance. Granlee shall r-ot ~ive such
permission unless Grantee determine~ that the groposed use witl not ditninish or impair the
Conservation Values of the Property.
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7. Procedure to Corrstruct Buildings and Otletr Improt~emer~ts
The Grantor's rights to construct or reconstruct builc~ings and other improvemcnts ~re
described in subparagraphs (a) thmugh (~ below. Any constnaction ar rxonstruction not
pcrmitted below is prohibited. BEfare undcrtaking ~ny constructian or recar~.stn~ction t~t
requires advance permission, the GrAntar shall notify Grantee and obtain written permissivn. All
const~uction or reconstruction is auhject to Orange County zoning regulations and must be
consistent with permits required by and iss~d by Orange County under its laws and ordinances
as they exist now and as they may be am~nded from time to time for such cansVuction activities.
(a) Fences - Exisiing fences c~y be npaired and replaced, and new fcnces may be
buitt on the Property for purposes of reasonable and eustocnary management of livestock and
wildlife or to fence ot~'the perimeter of the Property without any further pertnission of Grantee.
(b) Structures 8c Improvenre-tts - Structures, improvements, raads as described i~
Pamgraph l2 (Road Construction), and other imp~rwious surfaces lacated on the Froperty,
ineZuding those existing on the date of this Canservation Essement, shall not exceed 2 percent of
the total atea of the Property. Impervious surface shall be defined as any material wluc~ covErs
I~nd and inhibits the percolation of water directly into the soil, includ'u~g, tnrt not lirr~ited to,
buildings, roofing, the arca covered by permanent or nonper~tanent structures, m~cadatn and
pavement, concretc, paved and stone driveway~, mads, and ~rkir~g aress, iricluding bath existir~g
and propased structures which are either permanent or temparnry.
Stcuctures, imgrovements aitd other impervious s~rfaces loc~ted in the "Future Farmstead
Envelope," including those existing on the date of ~iis Agricultur~l Caaservation Easement, shall
not exceed 1? percent of the total area of the "Future F~rmstead Envclope" and shaIl not exceed
the two percent (2%) impervious surface limit for the total nrea of tht Propcrty.
New buildi~gs, including barns, sheds and other structures ~nd improvements to be used
primarily for agricultural putposes (including the grocessing or s~le of farm products
predominantly grown or raised on the Property) may be 6uilt on the Praperty without any further
perrnission of Grantee provided they are located in the "Future Farmstead Envelopo" and do not
exceed the impervious surface limits for the "Future F~rmstead Envelope" ~nd the Property.
Any new buildings, stntctures or imgrovements groposed for lacations autaide the
"Future Farmstead Envelope" shall be for agricultural purposes only and may be built only with
the adWance written permission of the Grantee. The Grantee shall give such pertnission within a
reasonable time if it cietermines that thc groposed building, atructure ar improvement would ~at
diminish or impair t~e Conservation Values of the Pcoperty or ot~rwise be inconsistent with this
Conservstion E~sement.
(c) Histvrlc Structures - The Property includes two existing stn:ctures loc~ted within
the "Historic Building Envelope" idcntified on Exi~ibit A• and more particu~arly described in tEie
Baseline I3ocument~tion Report. T`he twvo existing structures may be rep~ired and re~sonably
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enlarged witho~t fucther pennission from the Gr~ntee. Any en}azgement of t~e historic atructures
sh~ll count towards the two percent (2%0) impervious surface limit of t}u Propcrty.
(d) Sfngle-Family Residential Dwetlings - No residential dwel}ings exist on the
Property as of the date of this Conscrvvation Easement. One (1), but ~t mare than or~, single-
family resicknt~al dwe}ling, not ~xceeding 3,5~ square feet in floor area, together with
reasonablc apptitrtenant structures, such as garage ~nd sheds, may be b~ilt within the area
identified as "Future Farmstead Envelope" on Exhibit A. The overall impcrviaus surface
resulting from the single family residtnti~l dwelling and reasonable appurtenant structures shatl
be applied toward the two percent (2~0) impervious surface limit for the total etea of the
Froperty. Nothing abo~t Orange County's participation in or the si~ing of Ehia Deed of
Conservation Easement constitutes zoning or subdivision approval or ttu permitting of
appurtenant structures. At the ttme construction of such appurten~nt stivctures is to commence,
Grantee sh~ll be notified so that its records c~n be updated.
(e) Recreatian~t! Improver~ents - Grantor expressly reserves the tig~t to engage in
low img~ct, non-developed recreatianal activities requiring ~o surface alter~tion of the tand and
posin$ no threat to the Conservation Values set herein such ~s huntit~, fishing, hiking and bird
watching, and to control access of all p~rsons for these purposes; grovided that these aetivities do
not ~mpact the protection and eanscrvation of any animal habitat or other Conserv~tion Values of
the Property. Howtver, under no eircumstances sh~ll golf courses, golf r~ges, airstrips or
helicopter p~ds be co~structed, plsced ar perrnitted to remain on the Property.
(f) Utility Services and Scptrc Systems - Instailatio~, maintEr-eEnce, rEpair,
reptacement, removal ~nd relocation of electric, gas, and water fi~ciiitiea, aewer lines and/or ather
pubtic or grivate utitities, i~cluding telephone or other cammunication aervices over or ~nder the
Froperty for the gurpose of providing electrical, gas, water, sewer, or other tttitities to strve
improvements on the Property permitted herein, and the right to grant eassements over and under
the Property for such purposes, is permitted. Grantor shatl not permit or grant ~asements for
utility transmissian or distribution facilities or systems wit~out the written eonsent of the
Grantee. Maintenance, regair or improvement of a septic system(s) or other underground
s~nit~ry system tl~t exists on the Pmperty at the tirne of this Conservation Easement, or the
construction of a s~ptic or other und~rgraund sanit~ry system, for the benefit of any of the
improvements permitted herein, is permitted. Grantors may, with the advance written permission
of Grantee, whieh }xnnission shall not be unreasonably with~old, grant ~snd cenvey electrieal,
gas, water, sewer, or other utilities to s~rve improvements located on the property identified as
"Tract 4" on the recorded plat. Any such utility easement shall be subordinate to this
Conservation Easertunt ~nd shatl be }ocatcd wholly within a right of way or utility easement
existing on the date of this Deed of ConservaEion Essement. All other utilities are prohibited on
the Property. Ceilular communic~tion towers or struct~res are ~lso prohibitcd on the Property.
Page 8 of 22
8. Subdivision 1 ~~~~~~'
The Property c~rrently cansists of a sing~e tract of ls~nd. The further sub~division of thc
Property, inclttding its partitiQn, is prohibited. This prohibitian agpiies regard~e~.s of Itow many
se~arately described parcets are contained in the Property.
9. Canservation Practices
As required by Section 1238 I of the Food Security Act of 1985, as amended, the Grar~tor,
his heirs, successor~, or as,signs, shatl conduct all agriculturai oper~tions an the Property in a
manner consistent with a Conservation Plan prepared in eonsultation with NRCS and approved
by the Orange County Soil and Water Conserv~tion District. This Conservation Plan shall bo
developed using the standarda and specifications of the NRCS Field Office Technical Gwide and
7 CFR Part 12 that are in effect on the date of execution of this Conservation F..~scment. The
Gr~ntor cnay, howev~r, develop and implement a Conservation Plan that proposea a higher levcl
of conservatian and is eonsistent with the NRCS Field Office Technical Guide standards end
specifications. NRCS shall ~-ave the aght to enter upon the Property, with ~c}vance notice to the
Grantor, in ordcr to monitor compliance with ttie Conservation Plan.
In the event of noncompliance with the Conscrvation Plan, NRCS shall work witt- the
Grantor to explore methods of compli~ce and give the Grantor a re~sansble amount of time, not
to exceed twdve months, to take corrcctive $ct~on. If t~e Grsntor does not comgly with the
Conservation Pl~n, NRCS will infarm Grantee of the Grantor's non-compli~r-ce. Granta sl3a}l
take all reasor~ble steps (inc}udir~g efforts at securing volu~t~ry compliance and, if nxess~ry,
appmpriate legal actio~) to secure compliance with the Conservation Plan following written
notific~tion from NRCS that (a) thcre is a substantial, angoing event or circumst~nce of non-
compliance with the Conservatian Plan, (b) NRCS has worked with ttu Grantor to correct such
noncompliancE, and (c) Gr~ntor has exhausted his appeal rights under applicable NRCS
regulations.
If the NRCS standards and specifications far highly erodible land are revised aRcr Ehe
date of this Gr~nt based an an Act of Cangress, NRCS will work coaperatively with the Grantor
to develop and impkment a revised Conservation Plan. The provisions of this section apply to
the highly erodible ~and conserv~tian requirements of the F~rm ~nd Ranch Land~ Protection
Program and are not intended to ~ffc~ct ar~y other natur~l resources eonservation requirements to
which the Grantor may be or m~y become subject.
!0. Forest tLfanagement
Everywhcre on the Property, trees m~y be removal, cut end otherwise man~ged to control
insects and disease, to prevent personal injury and property dammage, to remove narrnative
species, for pasture restoratian, for firewood and other non-commereial usES, including
construction of permitted improvements and fences on the Pmpcrty, so long as done in
accordance with the Conserv~t~on Plan refereneed tn Paragraph 9(Conservation Practieea) of this
Co~servation Easemcnt and in accordance with a forest management plan that is prcpared by a
Page 9 of 22
~ ~~~~~'
r
profcssional licensed Forester, and that is approved by Gr~ntee, v~fiich approv~l s~tall nat be
unreasonr~bly withheld.
Any other cutting, removat or harvesting of trees, inc~uding any canmercial harwesting of
trees, msy be undcrtaken only if it occurs outside of the stream buf~'er described in Paragragh 4
(Right to Farm) of this Conservation Easement and it is in accordance ~with the Conservatio~
Plan and forest management plan referred to in this Para~raph 10 (Forest Management).
Trees tnay be pl~nted, ltarvested ~nd removed within the ~ identified and m~rked as
"Future Farmstead Er~velape" and "Historic Be~ilding Enve}ope" on Exhibit A without t~
advance written permission of the Granteo, so ~ong as done in aceordance with th~ Conservatian
Plan and forest man~gement plan refemd to in this Paragr~ph 10 (Forest Man~gement).
11. Mining
There shatl be no filling, excavation, dredging, mining or dril~ing, removal of topsoil,
sand, gravel, rock, peat, miner~ls or other materiata; and no change in the to~graphy of the land
in any manner except as necessary for the purpose of norm~l and custornary farming operations
in accordance with the Conservation Plan or combating erosion or flo~ir~g in accordat~e with
the Conservation Plan and ss r~sonably necESSary far ~ny maintenance, consUuction or
reconstruction o~ the Properiy permitted herein. Disturbed areas for the purpose of rcmoving
soil, gravel, roc~c, peat, minerala or other matcria~s nece~sary for pernutted ct~.stomary agrieultctr~l
uses on the Property will be limited to one acro in total surface ~rea and will be restored as aoon
as pr~cticable a~er the disturba~e. Under no circwnstances is the dril~ing for or exploration for
hyclroc~rbans perrttitted fn, on or to the Froperty.
12. Road Conatruction
Construction and maintenance of farm ro~ds that may be reesonably necessary ~nnd
incidental to carrying out the improvements and t~ses permitted on the Pmperty by this
Conservatian Eas~ment are permitted. Grantor may also canstruct and maintain a road to
provide access to the groperty identified as PIN 9878-12-6513 an the recarded plat as long a~ it is
constructed wichin the ~rea designated "SO' wide access right of way" on the recorded plat. Any
road ar cfrive sh~ll be gravel and otherwisc mcet but not exceed the Or~nge Co~nty private rond
standards for a Class "B" private road as tho~e standards exist at the tinze of the grant of this
Conservation Easement. A copy of those standards is attached hereto ss Exhibit C and
incorporated herein by reference. With the exception of the proposed future access mads
identified on Exhihit A, no raads eonstructed on the Pmperty sh~ll be paved or otherwise covertd
with concrete, asphalt, rock, gr~vel or any c~ther impervious m~terial, without the advance written
permission of GranEee. Grantee shall not give such pcrmission unless Grantee determinea that
the proposed p~ving, or covering of the soil, or the location of any such road, will not diminish or
impair the Conservatian Values of the Property. Any such raad cover+ed by any impervious
material including rock or gravei is subject to impervious surface requirements in Paragragh ?
(Procedure to Constr~t Buildings Snd Other Improvements).
Page 10 of 22
13. Dumpfngand Trash ~ ~ ~~~~~~~
~ v
Dumping or stQrage of soil, trash, refuse, debris, asl~s, garbage, waste, ahandonad
vehicles or parts, appliances, machinery, or hazardaus subsEances, or toxic or hazardous waste, or
any placement of underground or above ground storage tanks or other materials is prolubited.
Provided, however, that the storage of ~gricultural products, bygroducts (including the
composting of biodegradable mstcrial for on-farm ase) and agricultural equipment used an the
Property is allowable, so long as such stor~ge is dane in ~ccordanca with ~Il appticabl~
government laws and regulations and in such a manner so as to not impair the Conservation
Values of the Property.
The land application, stor~ge and plaeement on the Property of domestic septic ef~luent
and municipal sewage sludge or liquid generated from such saurces for agricultttral purposcs may
be undertakcn only if in accordance with all applicable federal, state and local laws uid
regulations.
1=f. Water Righls
Grantor shall ret~in and reserve the right, consistent with federal, State and local laws and
regulatians, to use any appurtenant water rights sufficient to maintai~ the agricultural
productivity of the Property. Grantor shall not transfer, encumber, lease, sell ar otherwise
sepazate such watcr rights froln title to the Property itself.
1 S. Natural Resource Restoration and Enhance~trent Aetfvities
Notwithstanding any terms contained within this Conservatian E~ment, CirBntor may
engage or contract others to engage in any activity designed to repair, ~store, or otherwise
cnhance the natural resources found or once present on t~e Praperty, that are consistent with thc
Conservation Values of this Conservation Easement and subject to the written approval of
Grantee and ttie Natural Resowces Canservation Service.
16. Signs
No new signs shall be pcrmitted on the Property except interpretive signs dtscribing
activitics and Conservation Va}ues of the Property, signs identifying the owner of the Property
and the hotder of the Conserv~tion Easement, signs giving directions or proscribing rules and
regulations for the use of the Property, and signs to indicate that the Property is past of the FRPP
or NCDACS programs. All signs p~rmitted on the Pmperty shall confarm to applicable Orange
County zoning, subdivision and buiMing code regul~tions.
17. Ongotng Responslbflities of Grantar arrd Grar~tee
Other th~n as specifted herein, this Conservation EasEm~nt is not intended to impose any
leg~l or other responsibility on Grantee, NCDACS, or the U~ited StateS, or in any way to af~ect
Page 11 of 22
I ~~~ IM
,~
any ~xisting obligation of the Gr~ntor as owner of the Property. Arnong ot~-er things, this shali
~pply to:
(a) Taxes - The Grantor shall continue to be sately responsible for p~yment of all
ta~ces and ~ssessments levied against the Property. If Grantee is ever required to pay any t~ces or
assessments on its interest in the Property, the Grantor will rcimbursE Grantee for the same.
(b) Upkeep and Maintenance - The Grantor retains all responsibilities and shatl bear
all costs and liability of any kind related to the ownership, opcration, and upkeep and
maintenance of ttte Property, including the maintenance of adequate comprehensive general
li~bi}ity insurance coverage. Grentee, NCDACS, and the United States shall have no obligstion
for the upkeep or m~intenance of the Property. Gr~nntor will remain respon~ible for upkeep,
maintenance, and repairs to any impoundments located on the Fraperty.
(c) Liability and Indemnification - Grantor agrces to indemnifjr and hold GranteE,
NCDACS, and the United States harmless from any and all cos~s, claims or liability, including
but not limited to reasanablo attameys' fees arising from ~ny persanal ir~jury, accidents,
negligence ar damage r~l~ting to the Property, ar any claim thereof, unless due to the t~egligence
of Grantee or agents of Gr~nteo, in virhich case liability sh~ll be as provided hy law. In eddition,
Grantor agrees to rnaintain liability insurance covering the Property with the litnits as follows: (i)
$300,00(1 per person for persorr~l i~,jury or death, 5304,000 per occurrcnce, mnd (ii) S3U0,000 per
occurrence for property darnage; and w~t that Grantee is and will rem~in a nam~d insurcd on
Gr~ntor's property insur~nce policies covering thc Property. Grantor a}tall provide Gr~ntee with
a ccrtificate of inswance coverage on the ef~'ectivic e~te of this Canscrvation Easement and within
10 days of each insu~ce renew~tl date.
(d) Baseline Docurnentation Repvrt - Tt~e Gr~ntar and Gr~ntee agree that the natural
characteristics, the ecological and aesthetic features, the phys~cal and manmadc conditrans, the
present uses ~nd the Conservation Values of the Prc~~perty on the d~te of this Deed of
Conservation F.ssement are docummted in ~ Baseline Document~tion Report, prepared by the
Grantee and signed and ~cknovwkdged by t}~e Grantor and a representative of Grantee,
establishing the condition of the Property on the date of this Deed of Canserv~tion Easemcnt and
including reports, maps, photographs and ot}~er documcntation. A eopy of this Report is
maintained at the office of the Grantee. The Bas~line Documentation Report is incorporated into
this Conservation F,asement Deed by reference.
The Grantce may use ttte Baseline Documentation Report in enforcing pravisions
of this Deed of Conserv~tion EasGment, but is nat limited to the use of the Baseline
Documentation report to show a change of conditions. Gr€~ttee's responsihilities incluc~e hut are
nat limiEed to:
1) Maintaining the Baseline Documentation Repart and annualiy monitoring
the Property in accord~nncc with applicable policies ~nd guidelines
Fage 12 of 22
~~~~ ~~~~~~
,
2) Ensut~ing the active farm ogerations are in complia~cc vvtith the
Conservatiun Plan ~or tMe Property.
3) Investi~ating potential violations of this Dced of Canservatian Easement,
informing NRCS or successor sgency of any via~ations, taking approprinte enforcement action,
and providing an annual manitoring report to NRCS or successor ~gency, including any follo~r-
up or actions needed to maintain complianc~ with the terms and conditioas of this Conscrvation
F~sement Deed. 'Ifie Grantee must resolve violations within sixty (60) days of their discQVery in
~ccordance with 7 CFR Section 1491.30. Failure to eure the violation may rosult in enforccment
of the terms and conditians of this Deed of Conservation F,asement by the United Ststes.
(e) Conservatian Plan - Grantee shall ensure that farm operations are in comptia~tce
with the Conservation Plan for the Property.
(~} Inves[igation - Grantee shall investigate any suspected violations of this
Conserv~tion Easement, and inform NRCS and the NCDACS (or the relevant successor
agencies) of any such violations.
(~ Reporting - Grantee sh~ll provide an ann~l monitorin~ report to NRCS and the
NCDACS which shall set forth any necess~ry actians needed to maintain compliance with the
terms of this Conservatian Easemcnt. Enforcernent of the terms of this Conservatia~ Easement
sh~ll be in accvrdac~ce with Paragraph 1~(Enforecment).
(h) Imperviaus Surfaces - Impervious surfaces are permanent, nor~-seasan~l rooftops,
concrete, and asphalt surfaces. Impervious surf~:es incl~ie residential buildi~gs, agricu~twal
buildings (with and without flooring), and ~vod areas both within and outside t~e Propcrty's
building envelope(s), Impervious setrfaces may not exceed the two percent (2%) of the total
acrcage of the Property.
18. Enforcement
The Grantee sh~ll have the primary responsibility for enforceme~t of ~e tenns of this
Conserv~tion Eas~ment, subject to the rights of the NCDACS and the Unitcd States. With
ceasonable advance notice to the Gr~ntor or with the Grantor's prior verbal consent, Crrantee shall
have the right to enter the Property for the purpose of in~pecting for compliance with the terms of
this Conservation Easernent. Grantee shall have the right to prevent viol~tions and nmody
violations of the terms of this Conservation Easement through judici~l actian, which shall
include, without limitation, the right to bring proceedings in law or in equity ~gainst ~ny party or
parties attempting to vio}ate the tcrms of this Consorvstion ~sement. Except when an ongoing
or imminent violation could irneversibly diminish or impair the Conservation Values of the
Property, Grantee shall give the Grantor written notice of the violation and thirty (30) d~ys to
cure the violation, before commcneing any legal proceedings. Grantee m~y obtain an inJunction
to stop a violation or a threatened viol~tion, temporarily or permanently. The parEica agree that a
court may i~sue an injunct~an or order requiring the C#rantar to restore the Property to its
condition prior to the violation, as restoration of the property may bo the o~rzly appropriate
P~e 13 of 22
3
"f,l ~~
~'~~~~.
remedy. In ~ny case where s court finds that a veol~tion ~tus occurred, the Grantor sh~ll
rcimburse Grantee for all i~s expenses incumd in stopping and cornct~ng the violation, iticluciing
but not limited to r~sonab~e ~ttarneys' fees. The failure of Gr~ntec to discover a veolatian or to
take immediate tega~ action s~l ~t b~r it from doing so at a later time for that violat~an or any
subsequent violations. In any ease where ~ court finds no such violation has occurred, each p~rty
shaIl bear its own costs. In any c~se where tl~e court fi~s that there w~s a corc~plete absence of a
justiciable issue of either l~w ar fact raised by the losing ~rty, the caurt may award a reasonable
attorney's fee to the prevailing ~arty as provided by applic~bk law. To the extent required by
law, the preceding sentetice dces not agply to the U~iEed States should thc United St~tes become
the Grantee under this easement.
In the event that Gr~tttee fails to enfarce any of the tenns of tltis Conservatian Easement,
as determined in the sole discretion of the Commissioner of Agricult~re of the State, the
Cammissioncr of Agriculture, and his ar her auccessors ~nct assigns, shall have the r~ght to
enforce the terms of the Conservation F.~sement through ~ny ~nd all ~uthoritiES available w~der
fcder~l or st~te law. In the eveMt that Grantee ~ttempt~ to terminate, transfer, or othemiae divest
itself of any rights, title, or interests of this Conserv~tian Easement withcfut the priar rnitten
consent of the Commissioner of Agriculture and payrtxnt of cansideration to t~e NCDACS, then,
at the option of the Commi~,sioner of Agriculture, all right, title and interest ~n t~is Conscrvation
Easement sha}1 t~ecome vested in the NCDACS.
Under this Con$ervation Easert~cnt, the United State~ is granted the ~ig~t of Enforeement
in order to protect tHe public investment. The Secretary~ of the United Statea DEparEment of
Agriculteuc (the Secretary) or his or her assigns, an beh~tf of the United States, may ~xercise t~is
right of enforcement undcr any authority ~vailable under State ar Federal law if the Grautee or
NCDACS f~ils to enforce ~ny of the terms of this Canserv~tian Easement, as deterrni~ed in the
sole discretion of the Seeret~ry.
In the cvent that Gr~nntee attempts to terminate, tr~nsfer, or otherwise divest itaelf of any
rights, title, or interests of this Easernent vwithout the prior vvritten consent of the Secretazy of the
USDA and payment of cansideratian to the United St~tes, then, at thc ogtion of such Secrctarry,
all right, title, and interest in this Easement shall become vested in the UNITED STATES OF
AMERICA.
19. Transfer of Conserva!!an Easement
Subject to the contingent rights of the NCDACS and the United States as spccified in
Paragraph t 8(Enforcement) and other pertinent paragraphs herein, and with timely written notiee
to and appmval of the NCDACS and the United States, Gr~nntee shall ~ave the right to transfer
the Conservativn E~scmcnt crcated by this Deed to an~ pubtic agency, provided the ~gtncy ar
organization ~xpressly agrees to assume the responsibility imposed on the Grantee by this Deed
and has the necessary authoriry to hold and administer conservation eascments.
Psge 14 of 22
20. Transfer ofPrQperty ~ ~~~I ~~~~~
~
r
The Gra~tor agre~s to incocporate by reference the terms of this Conaerv~tion Easemcnt
in any deed or other leg~l instrument by which they transfer or divest themmseelv~.s of any interests,
incliuiing leasehold interests, in all or a partion of the Praperty. Grantar aha11 notify Gracttee in
writing at least thirty (30) days before conveying the Property, or any part thereof or interest
thcrein. Failure of Gr~ntar to incorporate by reference the terms of this Conservation F.asement
in ~n instrument of transfer or eonveyance or to notify Grantee of a transfer ar conveyance shall
not impair the validity of this Conservatian Easement or limit it~ enfarceahility in any way.
2J. Amertdment of Conservation Easement
This Conservation Easement m~y be amended anly with the written consent of Gr~ntee,
Grantor, and approved by the North Carotina Commissianer of Agriculture and Secretary of the
United States Department of Agriculture. Any such amondmtnt shall be consistent with the
Statement of Purpose~ of this Conservation Easement and with Grantee's Conserv~tion F.asemec~t
amendment policics, and sh~ll comgly with Section 170(h) of the Intemal Revenue Code or any
regulations promulgated in accordance with that scction. Any such ~mcridment shalt be duly
recorded. Gc~ntee shall give notice of any amendment to, and secure apgroval from, the
NCDACS and the United States.
22. Proeedure fn the Event of Terminatior~ of Conaervation Ertsem~nt
If it deterrnines th~t conditions on or surrounding the Propcrty change so much that it
becomes impa~sible to feilfill the conservation purposes of this Conaervation Eas~ment, a cot~t
with jwisdiction may, at the jaint rcq~st of both the Grantor and Grantee sixi with prior consent
of NCDACS ~nd the United States, terminste or modify the Canservation Eaaement created by
this Deed in accordance with ~pplicable law. If the Conservation Easement is tenninated ac~d the
Property is sold then as requircd by Section l.1 70A-14(gx6} of the IRS regulations, Grantee
shall be entitled to sixty-four percent (64%) of the net s~lc proceeds (equal to t~c ratio of the
appraised value of this Conserv~tion F.~ement to thc unrestricted f~ir m~rrket val~ of the
Property, as these values are deternuned on the date of this Canserv~tion Easement), subjeet to
any appiicable law which expressly provides for a dif~erent 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 c~ch party contributcd.
The gercentages are 34.9% for Grantee, 28.7% for NCDACS, ~rrtd 36.4~. for th~ United St~tes.
All termination related expenses incuned by the Grantor and Grantee shall be paid out of
any recovered proceeds priar to distribution of the net proceeds as described herEin.
23. Procedure in the Event of Cortdemnation or Eminent Damain
Grantor ~nd Grantee reccagniu t~at the sale of this Conserv~tion Eascm~nt gives rise to a
property right, im~nediately vested in Grantee, with a fair market value equ~ll to the pmportionate
value that the Conservation Easement bears to the value of tlie Property ~or to the restrictians
Psge 1 S of 22
~ ~ ~~~~~ ~I~t~
~
imposed by the Conserv~tion Easement. Accordingly, if any condcmn~tion or eminent dom~in
action sh~ll be taken, on all or part of the Propcrty, by any ~uthoriud pnbtic suthority, said
suthority shall be liable to Crrantee far the value of tlu property right vested in Grantee ~t t~te
time of the signing of this Conservation Easement. D~te to the fec~eral intere~t in tttis D~ed, the
United States must consent to any condtmnation action.
If condemnation or a taking by ecninent dam~in of a part of the Property or the cntire
Praperty by ~ 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 modifted accordingly through eandetnnation proceedings. Grantor and Grantee
agn:e that the Conservation Easemont is a cunently ve~ted real property right with a value equal
to the proportion~te value the Conservation Easement h~.s to the unencambered valu~ of the fee,
as of the date of this gr~nt. If the Conservation Easement is terminated or modified and any or all
of thc Property is sold or taken for p~blic use, then, as required by Section 1.170A-14(gx6) of
the IRS regulations, Grantee shall be entitled to the proportionate value of t~e Conserv~tion
Easemcnt, which has been predetermined at sixty-four percent (64%) of the Property's
unrestricted value, suhject to any app}icable law whieh expressly requires for a different
disposition of the proceeds.
If this Conservation Easement is tcrrmittated or modified by condemn~tion aetion or
eminent domain, Gr~ntee, the NCDACS, and the United States shattl stiare, 34.9'~6 to GFantee,
28.?°!o to NCDACS, and 36.4% to the United States, Grantce's proportional walae of the
Conaervatior~ F,asement.
All condemnation-re~ated expenses ir~curred by the Grantar and Grantee st~a~l be paid aut
of an~ recovered procecds grior to d'tstrib~tion of the net procceds as d~cribed herein.
Until such time as the Grantee and the United States receive the proceeds from the
Grar~tor or Grantor's successor(s) or assign(s), Grantee and the United States e~ch h~ve a tien
against the Property for the arnount of their sh~rre c~e each of them.
This Conservation Easemeat may oflly be Extinguished with the joint approval of tha
Grantce, the NCDACS, and the Unitcd St~tes.
Grantor, upon receipt of natification of any pending condemnation ection brought by any
government entity af~ecting and/or relating to the Propecty, shall notify the Grantee and the
United States of America, in writing, within fiRetn (15) days of receipt of aaid notification.
In making this grant, the Grantor has considered the pos.sibitity that uses prohibited by the
terms of this Decd of Conservation Easement may bceome more ecanomicc~llly valuab}e tl~an
permitted uses, and tt~at neighbaring properties may in the fiatwe be put ent~rely to such
prohihited uses. It is the intent of both the Grantor ~nd the Grantee th~t any auch ch~es shall
not be c~eemed to be circumstances justifying tt~e termin~tion or cxtinguishment of this
Conserv~tion Easement in whole or in part. In a~dition, the in~bil'tty of the Gratitor, or Grantor's
heirs, successors, or assigns, to conduct ar imp~ement any or all of the uses perrnitted under the
Pa~e 16 of Z2
~ } ~~~~-~N
„
terms of this Eascment, or the unprofitability of doing so, shall not impair the vatic4ity of tt~is
Easement or be considered ~rounds for termination of this Easement in whole or in part.
24. Interpretation
This Conservation Easement shall bo interprttcd uixitr 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.
2.i. Perpetual Duratian; Severabrlity
The Conservation Easement created by ttus Deed ~khall be a servitude running with the
land in perpetuity. Every provision of this Dced that applics to the Grantor or Grantee shall also
apply to their respective agents, heirs, executors, administr~tors, ~ssigns, and all othtr successors
as their interests may appear. Invalidity of any of the coven~nts, terms or conditions vf 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. Merger
The Parties agree th~t tt~e tcrms of this Conservation Easement aha}I survive any metger
of the fee and eascment interest in tl~e Propcrty.
27. Access
Nothing containcd in this Easement sh~ll give or grant to t~e public ~ right to entcr upon
or to use the Property or any portion thcreof where no such right existed in the public
immediately prior to the execution of this Easement.
28. Notices
Any notices required by this Deed shall be in writing and shall be persanally delivered or
sent by first class mail to the Grantor, NCDACS, the United Stat~s, and Grantee respectively at
the following addresses, unless a garty h$s been notified in writing by the other of a change of
address:
To the Grantor: To the Grantee:
William H. Breeze Sr. Oc~ange County DEAPR
26(~ Croasdaile Farm Pkwy. PO ~ox 8181
Apartment 337 Hillsborough, NC 27278
Durliam, NC 27243
Page 17 of 22
To the United States NRCS:
State Canservatianist
4407 Bland Rd., Suite l 17
Raleigh, NC 27609
28. Grantar's Tetle Warranty
To the NCDACS: ~ ~~~~~~~
~
NC ADFP Trust Fttnd
2 West Edenton Street
Rakigh, NC 27601
The Grantor warrants that he l~olds fee simple title to the Property, free from all
encumbrances and exceptio~s to title, except for those excepEions deemed by the Grantce as
acceptable and set further in Exhibit B to this Conservation F.asement, and hereby promises to
defend the same against all elaims that fnay be made against it.
29. Subsequent Lrens on Property
No provisions of this Conservation Easement should be construed as impairing the ability
of Grantor to use the Property as callateral for subsequ~nt borrowing. Any such liens shalt be
and remain subordinate to this Conservation Easemcnt.
30. Subsequenl Easements/Restrictians on the Properly
The gr~c-t of any es~se~nents or wse restrictians that migt~t ditninish or 'tmpair the
agricultural viability or productivity of the Praperty or otherwise d'erninish or impair the
Conservation Values of the Property is prohibited. Any such easements or restrictions shall be
subordinated to this Conservation E~se~ent.
31. Grantor's Environmental Warranty
"Enviranmental Law" or "Envimnmental Laws" means any and ail Federal, state, local or
municipal laws, rules, orders, regulations, statutes, ordinances, codes, guide}ines, policies or
requirements of any governmental authority regul~ting or imposing st~nd~rds of liability or
standards of conduct (including common law) concerning ~ir, water, solid waste, h~zardous
materials, worker and community right-to-know, ttazard cammunicatian, noise, radioactive
material, resource protection, subdivisian, inland wetl~nds and watercourses, health protection
and simil~r enviranmental health, safety, building and l~nd use as may riow or at any time
hereafter be in effect.
"Haz~rdous Ivlaterials" means any pctroloum, petroleum products, fuel oil, waste oils,
explosives, reactive materials, ignitable materi~ls, corrosive materials, hazardous chemicals,
hazardows wastes, hazardous ~ubstances, extremely ha~rdous substances, toxie substances, toxic
chemicals, radioactive materials, infeetious materials and any oth~r el~ment, compound, rnixture,
solution or substance which may pose a present or potential hazard to hwman heslth ar thc
environment.
Ps~e I i of 22
~ ~i~~ ~
„
Grantor wazrants tl~at it is in compliance with, and shall remait~ in compliance with, all
applicable Environmental Laws. Grantor w~rrants that thero are no notices by any governmental
~uthority of any violation or alleged viol~tion of, noircompliance or alkged nan-compliance
with or any liability unckr any Envimnmental Law relating to the operations or conditions of the
Prapcrty.
Grantor warrants t~at he has no actual tcnowledge of a release or threatened release of any
Hazardaus Materials on, at, beneath or from the Propcrty exceed'tng regulatory limits. Morcover,
Gr~ntors hereby promise to indemnify and hotd harmless the Grantee, NCDACS, and the United
States against all costs, claims, demands, penalties and damages, including reasonable attorney
fees, arising from or connectcd with the relcase or threatentd release of any H~zardous Materials
on, at, beneath or from the Property, or arising from or connected wit~ a vialation of any
Environmental Laws by Grantor or any other prior owner of the Property. Grantor's
indemnification obligation shall not be affected by any authorizatians provided by Grante~ 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
responsible for any Hazardous Materials contributed by Grantee to th~ Praperty after the date of
this Deed of Conservation Easement.
32. Errtire .lgreement
This instrument sets farth the entire agrcement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, a-nd understandings or
agreements relating to th~ said easetnent.
33. Recordtng Clause
Crrantee shall record this instrurnent and any amendment hErcto in timely fashion with the
O~ce of the Register of Deeds of Orange Courtty, North Car~lina, anci may ro-record it at any
time as may be rec}uired to preserve its rights under this Conservatian ~asement.
TO HAVE AND TO HOLD this Deed of Conservation Easernent unto Gr~ntee, its
successors and assigns, forever.
[The rema~nder of thia pa~e Is intentionalty teft blank Signature page follows.]
Page { 9 of 22
1 ~ ~II~~h'
~, ,a
IN WITNESS WHEREOF, the Grantor ~nd Gracitee, intending to legilly bind
themselves, have set their hands on the date f~rst vvritten ~bove.
Accepted:
ATTEST:
ay:
Da S. Baker, Clerk to the
Baard of Corr~missioners
APPROVED AS TO FORM
GRANT4R:
~~ . ~~
w~u~~ x. a~ r.
GRANTEE:
ORANGE COUNTY, NORTH CAROLINA
~ 1
!
By.
Bernadette Pelissier, Chsir
Orange County Board of Commissiornrs
---._..
a ir
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' ~t y'F
;'MJ
-.. ..-.'~: ~:':~_.:':". J '.
;: -:~-:
k~~~ ~c.K:.~t .e .ti•-~..~~(_
Authoriud Signature for North Carolina Department of Agriculture and Consumer Services
D. D~vid Steinbock
NORTH CAROLINA
COUNTY OF ~
I, ~t~.r-r~... ~}'• C/~~I~(e~ a Not~ry Public for said County and State do hereby certify
that D. David Steinbock personalty appeared befare me and ~cknor~vledged the due exec~tion of
the foregaing instrument.
Witr~ess my hand and offieial stamp or ~1 this t day of Febntary, 2012.
/~ (~,a/v .-~: _: _,;::~ s:;r7Af3'i'~t~l~
NO p11bI1C ~ •aatY?~~~~li.
~ ni\j`.~~~?' ~~l~~~N, ~i~
l ~ 1~3 ~ ~~ j .. .,~~:~s~,,.:;,.,~;s,e ~a.:a~:2
My cammission expires: __._ . . . . _ ._. _.. _ ______..~ w.._._
P~e 2tl of 22
Acknowledgments ~ ~ ~~~~~~~N~~~
~
NORTH CAROLINA
COUNTY OF ORANGE
i, ~a-rVK. ~ Wa.~/1re ~, a Notary Public for said County and State do hereby certify
that William H. Breeu Sr. personally ~ppearcd before me and acknowledged the due execution
of the foregoing instrument.
Witness my hand and official stamp or se~l this the ~~~ day of February, 2012.
~
Natary Public
M commission ex ires: '" ~' " ° ~ ' ~~°-~------
Y P j.r." .. •:;,;: A UF;AElTR~E
' O ~ ....1...'~,'•~:~ Hi;S! tC
~ 3 I ~ i~ :~' '~° ~ ~~,- ~~~~~. ~a+~.
. f ~ '~'~ ' I7 R 1~: ..~' : ~J~.~~f~
NORTH CAROLINA
COUNTY OF ORANGE
I, ~ d ~ a Notary Publie of Orange Cvunty, North Carolina do hereby
certify that I~ S. Baker personally appeared before me this day and acknowledgcd that she is
Cterk to the Boazd 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 Cou~ty Board of Commissioners, and at~ested by her as
Clerk to said Board of Commissioners.
Witness my hand and official stamp or seal this the ~ day of February, 2012.
~ ~ G~-r'
ol~~tary Public
My commission expires:
/~ ' /.~ - ,,~~/~
~Ti~•
~vstic
Page 21 of 22
~ ~~uii~~i~i~
,
Breeze Farrn CorrsErvation Essernent
ACCEPTANCE OF PROPERTY 1NTEREST BY TH~ UNITED STAfES OF AMERtCA
Th~ Natural Resources Conservation Servfce, United Stat~s Department of /1~rictdture, an agency of the
United States Govemment, hereby accepts and approves the foregoins Conservation Easement, and the
rights conveyed therein, on behatf o# the United States of America.
~~:
J. B. rtM, .
St~te Consenrationist
NQRTM CAROIINA
COUNTY OF WA~KE
1, ~~r0. Z~~C~c,nc~ A Notary Public of ~o-~-k~--
County, North Carolina, do hertby certify that 1.6. Martin,lr., Stste Conservstionist, Natunl Resources
Constrvation Servke, United States D~partment of ~riculture, person~Ny sppesr~d before me and
acknowtedged the du~ executlon of the foregoir~ instrument on behs~f of the Unitcd States of M~erka.
Witness my hand and officiai starnp or seal thFs ~day cf ~. . 20j? .
Notary Public
My commfssion expires: ~2 ~ ~5
(Official Seai)
Debra Ld~d
N(7fARY PtJBLIC
w,~ c~ouxrtir, •~rc
Page 22 of 22