HomeMy WebLinkAbout2016-303-E DEAPR - Kennon Craver, Attys. - legal services - purchase of a conversation easement for Pope Farm, Cedar Grove DocuSign Envelope ID: DE4F521E-E6D8-41DD-8068-3A6D6CO3C608
[Departmental Use Only]
TITLE Pope Farm CE closing
FY 2015-16 and into 2016-17
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 20 day of June, 2016, ("Effective Date")by and
between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the
"County"),party of the first part; and Kennon Craver, Attorneys at Law (the "Provider"),party of the second
part;
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the services of the Provider, and the Provider agrees to provide the following services to the
County in accordance with the terms of this Agreement, time being of the essence:
The services and/or materials (hereinafter referred to collectively as "Services") to be furnished
under this Agreement are as follows: Legal services for completing Orange County's purchase of a
conservation easement for the Captain John S. Pope Farm consistent with an engagement letter provided by
Mr. Brian Ferrell,Kennon Craver,Attorneys at Law(attached).
The term of this agreement rendered shall be from June 20 to August 15, 2016.
Provider represents and agrees that Provider is qualified to perform and fully capable of performing and
providing the services required or necessary under this Agreement in a fully competent, professional and
timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in
the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not
sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or
responsibility granted or required by this Agreement,without the prior written approval of the County.
SPECIFIC TERMS
1. Payment: The County agrees to pay at the rates specified for Services satisfactorily
performed in accord with this Agreement. The amount to be paid by the County shall not exceed Three
Thousand Dollars, ($3,000). Payment shall be made within thirty(30) days of an invoice properly submitted
to County. Should Provider fail to perform its duties under the terms of this Agreement, County may,without
fault or penalty,withhold any payment associated with the work to be performed until such time as said work
is completed.
2. Non—waiver: Failure by County at any time to require the performance by Provider of any
of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor
shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of
this Non-Waiver Clause.
3. Independent Contractor: The Provider shall operate as an independent contractor and the
County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated
as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or
workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of
any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider.
4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability
Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may
Revised 6/16 1
DocuSign Envelope ID: DE4F521E-E6D8-41DD-8068-3A6D6CO3C608
be required by County's Risk Manager as such insurance requirements are described in the Orange County
Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is
incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk
Manager determines additional insurance coverage is required such additional insurance shall consist of
(if no additional insurance required mark N/A as being not applicable). Provider shall not commence
work until such insurance is in effect and certification thereof has been received by the County's Risk
Manager.
5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County
from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable
attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or
destruction of any property caused in whole or in part by any negligent or intentional act or omission on the
part of the Provider, its agents, or assigns directly or indirectly related to the Services to be performed
pursuant to this Agreement on the part of the Provider.
6. Termination: This Agreement may be terminated at any time by mutual written agreement of
the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon
reasonable notice to the Provider.
7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be
bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the
Agreement between the parties unless and until modified in writing and signed by the parties. This
Agreement together with any amendments or modifications may be executed electronically. All electronic
signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of
North Carolina General Statute Chapter 66.
8. Priority: In determining the basic services to be provided, should any documents be
referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict
between the terms of referenced documents and the terms of this Agreement.
9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and
federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws,
policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this
requirement is a breach of this Agreement and County may immediately terminate this Agreement without
further obligation on the part of the County. This paragraph is not intended to limit and does not limit the
definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and
shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By
executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the
services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58.
10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with
respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in
the General Court of Justice of North Carolina sitting in Orange County,North Carolina. It is agreed by the
parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding
arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of such suit or action.
11. Non Appropriation: Provider acknowledges that County is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the authority of its statutory
mandate. In the event that public funds are unavailable and not appropriated for the performance of County's
Revised 6/16 2
DocuSign Envelope ID: DE4F521E-E6D8-41DD-8068-3A6D6CO3C608
obligations under this Agreement, then this Agreement shall automatically expire without penalty to County
immediately upon written notice to Provider of the unavailability and non-appropriation of public funds.
[SIGNATURE PAGE TO FOLLOW]
Revised 6/16 3
DocuSign Envelope ID: DE4F521E-E6D8-41DD-8068-3A6D6CO3C608
IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of
the day first written above.
ORANGE COUNTY PROVIDER
DocuSigned by: p DocuSigned by:
By: if avuu,ic, Lkaw mt-I rS(,c i By: L
7: i�v�a Ft-vr
County !t_ 'r4B755E477... Title: BD328765E05245A...
200 S. Cameron St. Kennon Craver,Attorneys at Law
P.O. Box 8181 4011 University Drive, Suite 300
Hillsborough,NC 27278 Durham,NC 27707
Revised 6/16 4
DocuSign Envelope ID: DE4F521E-E6D8-41DD-806B-3A6D6CO3C608
KENNON CRAVER
WI Win A Anderson,
Gwendolyn C B)ooks*
Joel,41 Craig
ATTORNEYS AT LAW
G Rhodes Cramer
_lapin I?Lersthom
Brian M Ferrell
T Hutchins,Jr'"`
Deborah A.44(Del matt
Katherine L McKee
l-le,ny W Sappenfield
P
A Witham Kennon, Retired
a130,-nil Confiecl Specialist in
Erntir Planning 6--Pro/are Law June 17, 2016
**Board Centrfind S'prinzlnt in Real Property tarn,
BusIneds, Cannnel nal.and Worm fal Tansartrons
Mr. Rich Shaw
Orange County Land Conservation Manager
P.O. Box 8181
Hillsborough, North Carolina 27278
RE: Engagement For Legal Services: Purchase of Conservation Easement from Robert H.
Pope and wife, Gail Sutton Pope
Dear Rich:
Thank you for contacting me regarding Orange County's need for legal assistance in the
acquisition of the above referenced conservation easement (the "Easement"). We are pleased to
represent Orange County in this transaction. If agreeable to the County, this letter establishes the
terms of our engagement.
Title Search & Title Insurance
The property to be encumbered by the Easement is identified as being an approximately
73.05 acre portion of the parcels having Orange County PINs 9859-01-9289 and 9857-39-3767
(collectively the "Property"). We will perform a title search on the Property. If a prior title
insurance policy can be located, then we will conduct a limited title update search. The update
search will begin on the date the existing title insurance policy was issued (the "Beginning Search
Period"). We will not review title documents prior to the Beginning Search Period and we will not
identify title defects that occur prior to that date. However, the County will be insured against earlier
title defects via the title insurance policy we will procure on behalf of the County. If a prior title
insurance policy is not located, then we will conduct a search of no less than 40 years. We will
provide the County with a preliminary title opinion on forms prescribed by Investors Title Insurance
Company containing the results of the title search in advance of the closing. We will apply for a title
insurance policy from Investors Title in the amount of the consideration exchanged for the easement.
Assuming title is insurable, we will obtain a title insurance policy in favor of the County in this same
amount. The County will be responsible for the payment of the title insurance premium at closing.
Please be aware that matters of zoning and environmental hazards are not included in a
standard title search. Please notify me immediately if you require additional information or
assistance concerning these two issues. Zoning laws affect setbacks and use requirements to name a
few. Environmental hazards include, but are not limited to, the existence of radon gas, lead-based
paint, underground storage tanks and asbestos.
1
4011 university drive,state,300, durharn, ac 27707 • post office box 51579,durham, nc 27717-1579
TELEPHONE 919 490 0500 FAX 919 490 0873 • www kennoncraver com
DocuSign Envelope ID: DE4F521E-E6D8-41DD-806B-3A6D6CO3C608
We will prepare a legal description of the Property based on the survey that I understand is
now being prepared specifically for this transaction. The County will make payment arrangements
directly with the surveyor. The legal description will be used to describe the Property in the
Warranty Deed of Conservation Easement (the "Easement Deed"). I understand that the County does
not require our assistance with negotiating or drafting the Easement Deed, so the preparation of that
document is not included in the scope of our engagement.
Closing
We will conduct the closing on the Easement. The closing can occur in our offices or another
location that works better for the parties. The County agrees to wire the closing funds into my trust
account prior to the closing. I will make every effort to provide the County with a draft of the
settlement statement no less than 24 hours prior to the closing date. Following the closing, I will
update title and record the new plat and Easement Deed in the office of the Register of Deeds and
prepare a final title opinion and deliver the same to Investors Title for issuance of the title insurance
policy.
Legal Fees & Expenses
This engagement is specifically limited to: (1) performing the title search; (2) preparing the
title opinion; (3) procuring title insurance (if available); (4) disusing any title issues discovered
during the title search with you; (5) recording the documents listed above; and (6) conducting the
closing. Please be aware that additional work necessary to complete the closing, such as attempting
to resolve significant title defects, significant work related to locating heirs or resolving estate issues
related to the property in the chain of title, etc., may require work beyond the scope of this letter and
in excess of the "not to exceed" amount listed below. In the event the County requires representation
prior to closing or additional legal work not referenced in this letter becomes necessary (such as work
associated with clearing any title defects and resolving estate issues), then I will perform such work
at the County's specific request under an amendment to this agreement at our normal hourly rates.
Our fees for performing the legal work outlined herein are as follows: (1) $85.00 dollars per
hour for the services of my firm's real estate paralegal who will collect the necessary documents
from the office of the Register of Deeds and otherwise assist me with this matter; and (2) $225.00 per
hour for all work performed by Kennon Craver attorneys which represents a local government
discount from Brian Ferrell's standard hourly rate of$265.00. The fees due under this agreement
will not exceed $3,000.00.
We will begin work on this transaction as soon as I received an executed copy of the
associated Services Agreement from the County. Please understand that we must charge for all work
performed even if this transaction fails for any reason.
Please do not hesitate to contact me with any questions or concerns regarding this letter. I
look forward to working with you on this transaction.
Sincerely,
7,:otdr,
Brian M. Ferrell
FOR THE FIRM
2
key-mon cravel; plic
,Oil ,Ir/r,-300,elitibun.;, 'lc 2707 pwr ofP in Or7S, 51579,di Sal . i 277!7-1579
TELEPHONE 0;9 9O 0500. FAX 9/)090 0873 nukniy , con
DocuSign Envelope ID: DE4F521E-E6D8-41DD-806B-3A6D6CO3C608
LAERS LIABILITY INSURANCE 5020 Weston Parkway, Suite 200 919.677.8900 TEL
Cary, North Carolina 27513 980190:667627:98684431 TOLL FREE
COMPANY OF
muTuAL Post Office Box 1929
NORTH CAROLINA Cary North Carolina 27512-1929 www.lawyersmutualnc.com
Declarations
KENNON CRAVER, PLLC Location:
PO BOX 51579 4011 UNIVERSITY DR STE 300
DURHAM, NC 27717-1579 DURHAM NC 27707
Policy Number: 0022032- 13
Policy Period: 05/01/2016 to 05/01/2017
12:01 A.M. Standard Time at the address of the Named Insured stated herein
Prior Acts Date of
Named Insured: 05/01/2003
Limits of Liability: A. S 5,000,000 A. Applicable to any claim or one or more related
claims.
B. S 5,000,000 B. Aggregate limit of the Company's liability for all
damages and claims expenses without regard to
the number of Insureds, Extended Reporting
Endorsements, claims, suits, or claimants.
Deductible: C. $ 50,000 C. See INSURING AGREEMENT VI. Deductible and
(including claims expenses) Limit of Liability.
Premium: S 32,150
Endorsement Attachments:
012 041
In witness whereof, Lawyers Mutual Liability Insurance Company of North Carolina has caused this Policy to be signed by its President and
Secretary and countersigned by a duly authorized agent of the Company.
Secretary
Apir
Pre ident Authorized Agent
Lawyers Professional Liability Policy (This is a Claims-Made and Reported Policy. Defense costs are a part
of the Policy Limits and reduce the amount available to pay losses. You should read your Policy for a
complete understanding of its Terms, Conditions&Coverages).
(08/01/2015.2) PolicyFor m 22032 - 2016
DocuSign Envelope ID: DE4F521 E-E6D8-41 DD-8068-3A6D6CO3C608
LAWYERS LIABILITY INSURANCE 5020 Weston Parkway,Suite 200 919.677.8900 TEL
COMPANY OF Cary, North Carolina 27513 800.662.8843 TOLL FREE
919.677.9641 FAx M V 1 l L NORTH CAROLINA Post Office Box 1929
Cary, North Carolina 27512-1929 www.Iawyersmutuainc.com
Insured Listing / Prior Acts Date Endorsement
This Endorsement, effective 12:01 A.M. on 05/01/2016 forms a part of Policy No. 0022032 - 13 (the
"Policy")issued by LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA and
applies to KENNON CRAVER, PLLC (the "Named Insured").
It is hereby understood and agreed that as to each Insured listed below, this Policy shall not apply
to such Insured's act(s) or omission(s), or series of related act(s) or omission(s), occuring or
beginning prior to the date listed individually for each Insured below ("Prior Acts Date").
All Policy provisions, terms, exclusions, and conditions, except as provided otherwise in this
Endorsement, remain in full force and effect.
Name Licensing State License Prior Acts Date
(or Other) Number
1 . WILLIAM ALBERT ANDERSON III NC 29085 10/02/2000
2. GWENDOLYN C BROOKS NC 26502 09/17/1999
3. IOEL M CRAIG NC 9179 02/01/1980
4. G RHODES CRAVER NC 10291 02/01/1982
5. TAMES ROBERT EASTHOM NC 23489 06/14/1998
6. BRIAN M FERRELL NC 27819 04/03/2002
7. WILLIAM T HUTCHINS IR NC 22129 06/01/1995
8. DEBORAH ANN McDERMOTT NC 47933 09/02/2014
9. KATHERINE L MCKEE NC 7161 02/01/1977
10. HENRY WILLIAM SAPPENFIELD NC 37419 12/03/2007
11 . LEIGH PURYEAR VANCIL NC 27342 03/01/2007
•
Authorized Agent
END#:012 (08/01/2015) Page 1 of 1 AttyListPALE 22032 2016
DocuSign Envelope ID: DE4F521E-E6D8-41DD-8068-3A6D6CO3C608
1
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 21, 2016
Action Agenda
Item No.
SUBJECT: Resolution of Approval — Conservation Easement for the Captain John S. Pope
Farm; and Approval of Budget Amendment #10-B
DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (Y/N) No
and Recreation (DEAPR)
ATTACHMENTS INFORMATION CONTACT:
1. Resolution of Approval David Stancil, 245-2510
2. Location Map Rich Shaw, 245-2514
3. Site Map
4. Draft Conservation Easement
PURPOSE: To consider a resolution to approve the purchase of and acceptance by Orange
County of an agricultural conservation easement for the Captain John S. Pope farm; and
approve Budget Amendment #10-B.
BACKGROUND: The acquisition of conservation easements to protect highly important
natural and cultural resource lands in Orange County is a longstanding goal of the Board of
Commissioners, and is a priority of the Lands Legacy program. Since 2001, the County has
partnered with landowners and other entities to protect 2,080 acres of prime farmland and
natural areas with conservation easements.
Over the past four years DEAPR has worked with Robert and Gail Pope and the Eno River
Association on a project to conserve highly significant land and water resources at the
Captain John S. Pope farm, located at 6909 Efland-Cedar Grove Road (Cedar Grove
Township). The Popes raise organic tobacco on this farm, which has remained in continuous
operation by the Pope family since at least 1870.
The 73-acre farm is located in the Upper Eno Protected Watershed, a priority watershed for
acquiring agricultural easements in a dual effort to protect prime farmland and drinking water
quality. The farm drains to the West Fork Eno River, which supplies drinking water for the
Town of Hillsborough and customers of the Orange-Alamance Water System.
Robert and Gail Pope intend to grant a permanent conservation easement that will restrict
future development to protect prime farmland and headwater streams, as well as scenic
views of the historic farmstead from Efland-Cedar Grove Road. All non-agricultural
development rights will be extinguished through the conservation easement. The easement
will prohibit future subdivision and allow for no home sites aside from the existing residence
(ca. 1874). A 2.28-acre portion of the property will be excluded from the easement to allow
construction of a future home on the site of Mr. Pope's parents' former residence in the far
southwest corner of the property along Efland-Cedar Grove Road. Future farm activities will
DocuSign Envelope ID: DE4F521E-E6D8-41DD-8068-3A6D6CO3C608
2
be in accordance with a Conservation Plan prepared for this farm by the Orange Soil &
Water Conservation District.
A conservation easement would enhance the protection of this historic farm, which is listed
on the National Register of Historic Places. According to the National Register, the Pope
Farm is one of the best-preserved rural complexes in northern Orange County, exemplifying
a mid-sized tobacco farm of the type that prospered from the late 19th century until the
1960s. The complex includes a two-story farmhouse (built 1870-74) and 20 historic
outbuildings. The farm was designated a Local Historic Landmark by Orange County in
2012, and is also recognized as a Century Farm by the NC Department of Agriculture and
Consumer Services. Finally, the farm is also enrolled in the County's Enhanced Voluntary
Agricultural District (EVAD) program.
The planned agricultural conservation easement would be held jointly by Orange County and
the Eno River Association. The easement would complement the technical assistance from
the Orange Soil and Water Conservation District and will also protect stream buffers with
separate funding from the Upper Neuse Clean Water Initiative (City of Raleigh).
The planned agricultural conservation easement area is depicted on the attached site map.
A draft deed of conservation easement is also provided.
FINANCIAL IMPACT: The value of the conservation easement is $185,000, which was
determined by an appraisal by Kirkland and Associates. DEAPR has worked with the Eno
River Association to identify the following funding sources:
Orange County (Lands Legacy) $ 87,000 (47%)
NC Agricultural Dev. & Farmland Preservation Trust Fund 52,000 (28%)
Landowner donation 46.000 (25%)
$ 185,000
The purchase price for the conservation easement is $139,000, which is 75 percent of the
appraised value ($185,000) as determined by an appraisal by Kirkland and Associates. The
landowners will donate 25 percent of the easement value ($46,000), meaning they will forgo
that amount and, instead, will be eligible for federal income tax benefits.
Funds for the easement purchase would come from Orange County ($87,000 purchase price
plus $10,000 for boundary survey and closing costs), the NC Agricultural Development and
Farmland Preservation Trust Fund ($52,000), and the Eno River Association (in-kind match).
The County's share of funds ($97,000) would come from existing funds budgeted and
approved for the Lands Legacy program (Land Legacy Fund).
The subject property is enrolled in the Present Use Value taxation program, so 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 (and
extinguishing of portion of its development rights) would not lower the property value to a
level that is less than the current present use value ($61,047).
DocuSign Envelope ID: DE4F521E-E6D8-41DD-8068-3A6D6CO3C608
3
With this allocation, approximately $3.1 million remains available in the Lands Legacy Capital
Project. This Budget Amendment # 10-B provides for the use of the above mentioned funds,
and amends the following Capital Project Ordinances:
Lands Legacy Capital Project (-$97,000) -Project# 20011
Revenues for this project:
Current FY 2015-16 FY 2015-16
FY 2015-16 Amendment Revised
Alternative Financing $3,251,472 $0 $3,251,472
From General Fund $301,500 ($97,000) $204,500
Donations $1,000 $0 $1,000
Appropriated Fund Balance $9,337 $0 $9,337
Total Project Funding $3,563,309 ($97,000) $3,466,309
Appropriated for this project:
Current FY FY 2015-16 FY 2015-16
2015-16 Amendment Revised
Lands Legacy Program $3,563,309 ($97,000) $3,466,309
Total Costs $3,563,309 ($97,000) $3,466,309
Conservation Easements Capital Project ($97,000) - Project#20006
Revenues for this project:
Current FY 2015-16 FY 2015-16
FY 2015-16 Amendment Revised
Alternative Financing $840,632 $0 $840,632
From General Fund $556,896 $97,000 $653,896
Donations $1,020 $0 $1,020
NC Agriculture Development $135,480 $0 $135,480
Grant
Eno River Association $252,843 $0 $252,843
Upper Neuse Clean Water $54,000 $0 $54,000
Initiative
NC Conservation Reserve $18,800 $0 $18,800
Program
Contribution from Hillsborough $6,157 $0 $6,157
USDA Farmland Protection $936,000 $0 $936,000
Total Project Funding $2,801,828 $97,000 $2,898,828
Appropriated for this project:
Current FY FY 2015-16 FY 2015-16
2015-16 Amendment Revised
Lands Legacy Program $2,801,828 $97,000 $2,898,828
Total Costs $2,801,828 $97,000 $2,898,828
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact
associated with this item.
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
staff and County Attorney, with a closing and recordation of the document expected to occur
on or about July 31, 2016, and approve Budget Amendment #10-B.
DocuSign Envelope ID: DE4F521E-E6D8-41DD-8068-3A6D6CO3C608
4
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Approval of Agricultural Conservation Easement between
Orange County and the Eno River Association
and
Robert and Gail Pope
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 Captain John S. Pope farm includes approximately 73 acres in the Back
Creek protected watershed, consists of a majority of prime agricultural soils, and is located in
an agricultural community with good access to farm markets; and
WHEREAS, Orange County and the Eno River Association have agreed to collaborate on the
joint acquisition of a conservation easement that will protect the prime farmland and riparian
corridors that exist on the Captain John S. Pope farm with a conservation easement; and
WHEREAS, matching funds have been awarded for this project from the North Carolina
Agricultural Development and Farmland Preservation Trust Fund to help purchase the
agricultural conservation easement; and
WHEREAS, a conservation easement on this approximately 73 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 and watershed protection
conservation easement to land owned by Robert and Gail Pope; 2) approve the execution of
this conservation easement agreement with Robert and Gail Pope, 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 July 31, 2016; and 4) authorize County staff to
sign any and all closing documents upon consultation with the County Attorney.
This the 21st day of June, 2016.
Earl McKee, Chair
Orange County Board of Commissioners
Donna Baker, Clerk to the Board