HomeMy WebLinkAboutORD-2016-025 Ordinance approving Budget Amendment #10-B related to the Conservation Easement for the Captain John S. Pope Farm 1
ORD-2016-025
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 21, 2016
Action Agenda
Item No. 5-h
SUBJECT: Resolution of Approval — Conservation Easement for the Captain John S. Pope
Farm; and Approval of Budget Amendment #10-B
DEPARTMENT: Environment, Agriculture, Parks
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
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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 a 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).
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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(S): The Manager recommends that the Board adopt and authorize
the Chair to sign 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.
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RES-2016-049 Attachment 1
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
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BOCC Draft 6/10/16
Attachment 4 7
This instrument prepared by and return to: John L.Roberts,Office of the Orange County Attorney
Box 8181,Hillsborough,NC 27278
ADFT TRACKING#
STATE OF NORTH CAROLINA
COUNTY OF ORANGE PIN 9859019289
WARRANTY
DEED OF CONSERVATION EASEMENT
This Deed of Conservation Easement("Easement")is granted on this day of , 2016,by ROBERT H.
POPE JR. and GAIL SUTTON POPE having an address of 608 Polk Street, Raleigh,NC 27604 (referred to as
"Grantor"),to ORANGE COUNTY,NORTH CAROLINA,having an address of Post Office Box 8181, Hillsborough,
NC 27278 and ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER VALLEY,INC., a North
Carolina Nonprofit Corporation,having an address of 4404 Guess Road, Durham,NC 27712, also known as the Eno
River Association, (both together referred to herein as"Grantee" or"Grantees"), and the North Carolina Department of
Agriculture and Consumer Services (NCDA&CS) acting by and through the North Carolina Agriculture Development and
Farmland Preservation Trust Fund("NCADFP Trust Fund"), for the purpose of forever conserving the agricultural
productivity of the Protected Property and its value for resource preservation and as open space. The Grantor, Grantees,
and NCDA&CS are collectively referred to as "The Parties".
The designation Grantor and Grantees as used herein shall include said parties, their heirs, successor and assigns, and shall
include singular,plural,masculine,feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor is the sole owner in fee simple, of a certain farm property identified in Exhibit A located in
Cedar Grove Township, Orange County,North Carolina and identified on the plat of property entitled
Conservation Easement"prepared by
which plat is recorded at Plat Book Page , Orange County Registry, and acres of said farm
property will be covered by this Conservation Easement as shown on said recorded plat(the"Protected Property").
WHEREAS, the Protected Property consists primarily of productive agricultural land and forest land. The
Protected Property also contains within its boundary buildings and/or improvements as shown on Exhibit C-1 attached
hereto and incorporated herein. The majority of the soils on the Protected Property have been classified as "prime" or
"statewide important" soils by the Natural Resources Conservation Service(NRCS). It is the primary purpose of this
Easement to protect the green space, silvicultural
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BOCC Draft 6/10/16
and agricultural soils, and agricultural and silvicultural viability and productivity by limiting nonagricultural uses of the
Protected Property.
WHEREAS, the Protected Property also includes outstanding woodland and riparian habitats for a variety of
wildlife species of importance to the Grantor, the people of Orange County and the people of North Carolina.
WHEREAS, it is a secondary purpose of this Easement to protect the natural wildlife habitat,historical, and
scenic resources. The agricultural,natural,wildlife habitat and scenic resources of the Protected Property are collectively
referred to as the"Conservation Values" of the Protected Property.
WHEREAS, the specific Conservation Values of the Protected Property and its current use and state of
improvement are described in a Baseline Documentation Report("Report")prepared by the Grantee with the cooperation
of the Grantor, and acknowledged by all parties to be accurate as of the date of his Easement. This Report may be used by
the Grantee to document any future changes in the use or character of the Protected Property in order to ensure the terms
and condition of the Easement are fulfilled. This Report,however, is not intended to preclude the use of other evidence to
establish the present condition of the Protected Property if there is a controversy over its use. The Grantor and Grantee
have copies of this Report, and said Report will remain on file at the office of the Grantee.
WHEREAS, the Grantor and Grantee agree that the current agricultural use of, and improvements to,the
Protected Property are consistent with the conservation purposes of this Easement.
WHEREAS, the Grantor intends that the Conservation Values of the Protected Property be preserved and
maintained, and further, Grantor intends to convey to the Grantee the right to preserve and protect the agricultural and
other Conservation Values of the Protected Property in perpetuity.
WHEREAS, the consideration paid for this Conservation Easement does not represent fair market value of the
Protected Property and it is the Grantor's intent to make a charitable contribution to Grantee. The fair market value of the
Protected Property shall be determined by one of the valuation methods and rules that affect valuation as set forth in
Regulation§1.170A-14(h)(3).
WHEREAS, the Conservation Purposes of the Easement are recognized by, and the grant of this Easement will
serve, the following clearly delineated governmental conservation policies:
(1) 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;"
(2) 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;"
(3) The Uniform North Carolina Conservation and Historic Preservation Agreements Act,North Carolina
General Statute 121-34 et seq.,which provides for the enforceability of restrictions, easements, covenants or
conditions"appropriate for retaining in 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;"
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(4) The establishment of the NCADFP Trust Fund established in 2005 (N.C.G.S. 106-744 (c)) to preserve
important farmland in North Carolina; and
(5) The special use assessment of farm and forest land as set forth in North Carolina General Statute 105-277.2 et
seq.
(6) 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 valuable natural resources; and
(7) The zoning of the Protected Property by Orange County as Agricultural Residential.
WHEREAS, Grantor and Grantee have the common purpose of protecting the above described Conservation
Values and current condition of the Protected Property and preventing conversion of the Protected Property to non-
agricultural uses and Grantor agrees to create and implement a conservation plan in accordance with Paragraph 4.5
(hereinafter the"Conservation Plan")that is developed utilizing the standards and specifications of the NRCS Field Office
Technical Guide and 7 CFR Part 12, and is approved by the Grantee
WHEREAS, the Grantee Orange County is a body politic existing under Chapter 153A of the North Carolina
General Statutes, and the Grantee Eno River Association is a 501(c)(3)non-profit corporation, and each of them is
qualified to hold Easements under the applicable laws of the State of North Carolina and is a qualified organization under
I.R.C. section 170(h). Further, each of the Grantees is eligible to receive NCADFP Trust fund monies pursuant to Article
61 of Chapter 106 of the North Carolina General Statutes.
NOW, THEREFORE, for one hundred and eighty-five thousand Dollars ($185,000) and for the reasons given and
other good and valuable consideration and in consideration of their mutual covenants,terms, conditions and restrictions
contained herein, the Grantor hereby voluntarily grants and conveys to the Grantees, and the Grantees hereby voluntarily
accept, a perpetual Conservation Easement in the Protected Property,which Easement is an immediately vested interest in
real property of the nature and character described herein. Grantor promises that he will not perform,nor knowingly
allow others to perform, any act on or affecting the Protected Property that is inconsistent with the covenants contained
herein. Grantor authorizes the Grantees to enforce these Covenants in the manner described below.
ARTICLE I. GENERAL
1.1. Statement of Purpose. It is the primary purpose of this Agricultural Conservation Easement to enable the Protected
Property to remain in agricultural use by preserving and protecting its green space,wildlife, silvicultural and
agricultural soils and agricultural and silvicultural viability and productivity by limiting nonagricultural uses of the
Protected Property. No activity that would significantly impair the actual or potential agricultural use of the
Protected Property, or that is otherwise inconsistent with the purposes of this Conservation Easement shall be
permitted. To the extent that the preservation and protection of the natural,historic,recreational,habitat or scenic
values referenced in this Easement are consistent with the primary purposes stated above, it is within the purpose
of this Easement to also protect those values, and no activity that would significantly impair those values shall be
permitted.
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1.2. Perpetual Duration. This Conservation Easement over the Protected Property as further described in Exhibit A,
shall be perpetual. It is an easement in gross,runs with the land and is enforceable by Grantee against Grantor as
provided herein, and against Grantor's representatives, successors, assigns, leases, agents and licensees.
1.3. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement, the parties
agree that all development rights appurtenant to the Protected Property are hereby released, terminated and
extinguished, and may not be used on or transferred to any portion of the Protected Property as it now or hereafter
may be bounded or described, or used or transferred to any other property adjacent or otherwise,nor used for the
purpose of calculating permissible lot yield of the Protected Property or any other property by anyone including the
Grantor and Grantee.
1.4. Compliance with other Regulatory Requirements. The Grantor is responsible for complying with any and all
additional permits or regulation to use or develop the Protected Property under the terms of this Easement,
including Orange County, State of North Carolina or Federal requirements,regardless of any reserved rights or
permissions contained in this Easement Document.
ARTICLE II.PROHIBITED AND RESTRICTED ACTIVITIES
2.1. Subdivision. Separate conveyance of a portion of the Protected Property, subdivision,partitioning or dividing the
Protected Property is prohibited.
2.2. Industrial and Commercial Use. Industrial and commercial use of the Protected Property and access therefore is
prohibited. This restriction does not prohibit the use of the Protected Property or construction of improvements
primarily for agricultural,horticultural, forestry, silvicultural, lawful and customary rural enterprises, such as,but
not limited to, a winery,bed and breakfast, saw mills,farm machinery repair enterprises and non-developed
recreational purposes as more specifically defined herein so long as such activities are consistent with Orange
County zoning regulations and permits required by and issued by Orange County under its laws and ordinances as
they exist now and as they may be amended from time to time, and are conducted in buildings located within the
Farmstead area and otherwise permitted under this Conservation Easement in a manner that is consistent with the
purposes of this Conservation Easement. Conducting customary rural commercial enterprises on any other part of
the Protected Property is not permitted without the advance written permission of the Grantee in each instance.
The Grantee shall not give such permission unless the Grantee determines that the proposed use will not
substantially diminish or impair the conservation values of the Protected Property.
2.3. Cattle and other livestock shall not be permitted to exist and to graze on the Protected Property within the
"Riparian Buffer"identified on Exhibit C-1. The Riparian Buffer shall be maintained in its natural condition and
restricted from any forestry, farming, development, or other activity or use which could impair or interfere with the
Conservation Values of the Protected Property.
2.4. Mining. There shall be no filling, excavation, dredging, mining or drilling,removal of topsoil, sand, gravel,rock,
peat,minerals,hydrocarbons or other materials, and no change in the topography of the land in any manner except
as necessary for the purpose of farming operations or combating erosion of flooding and as reasonably necessary
for any permitted maintenance, construction or reconstruction on the Protected Property.
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2.5. 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, is prohibited with the
exception of agricultural products,byproducts (including the composting of biodegradable materials for on-farm
use) and agricultural equipment used on the Protected Property, so long as such storage is done in accordance with
all applicable government laws and regulations and in such a manner so as to not impair the Conservation Values
of the Protected Property.
2.6. Signage. Display to the public of billboards, signs or advertisements is prohibited on or over the Protected
Property, except to state the name of the property and its farmland status, including its easement status, the name
and address of the occupant, to advertise an on-site activity, and to advertise the property for sale or rent, as
allowed by all applicable Orange County zoning, subdivision and building code regulations. Grantor shall be
permitted to erect no trespassing signs,traffic or directional signs or warning signs as may be expedient and to post
the property.
ARTICLE III.RIGHTS AND RESPONSIBILITIES RETAINED BY GRANTOR
Notwithstanding any provisions of this Easement to the contrary, the Grantor reserves to and for themselves and their
successors all customary rights and privileges of ownership, including the rights to sell, lease, and devise the Protected
Property, together with any rights not specifically prohibited by or limited by this Easement, and consistent with the
section 1.1., "Statement of Purpose". Unless otherwise specified below,nothing in this Easement shall require the
Grantor to take any action to restore the condition of the Protected Property after any Act of God or other event over
which they have no control. Grantor understands that nothing in this Easement relieves them of any obligation or
restriction on the use of the Protected Property imposed by law. All activities permitted in this Conservation Easement
shall be conducted in a manner consistent with the terms of this Conservation Easement that minimizes impairment of and
interference with the Conservation Values, and is in accordance with applicable federal, state and local regulations.
3.1. Agricultural Production. Grantor retains the right to use the Protected Property for agricultural production or to
permit others to use the Protected Property for agricultural production, in accordance with applicable law and in
accordance with NRCS Conservation Plan.
As used herein"agricultural production"means any use consistent with the definitions contained in North Carolina
General Statute§106-581.1 including but not limited to the production,processing, storage, or retail marketing of
crops, livestock and livestock products. For purposes hereof, crops, livestock, and livestock products include,but
are not limited to:
(a) Crops commonly found in the community surrounding the Protected Property;
(b) Field crops,including corn, soybeans, small grains,hay,potatoes, cotton,tobacco,herbs, and dry beans;
(c) Fruits,including apples,peaches, grapes, cherries,nuts and berries;
(d) Vegetables, including lettuce, tomatoes, snap beans, cabbage, carrots,beets, onions,mushrooms, and
soybeans;
(e) Horticultural specialties, seeds, Christmas trees, and flowers;production of sod or other crops where soil is
removed above tolerable limits from the farm are prohibited;
(f) Livestock and livestock products, including dairy cattle,beef cattle, sheep, swine, goats,horses,poultry, fur
bearing animals,bees,milk and other dairy products, eggs and furs;
(g) Timber,wood, and other wood products derived from trees;
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(h) Aquatic plants, aquatic animals, and their byproducts.
3.2. Right to Privacy. Grantor retains the right to privacy and the right to exclude any member of the public from
trespassing on the Protected Property. This Easement is not intended to create any rights of the public in, on or to
the Protected Property.
3.3. Right to Use the Protected Property for Customary Rural Enterprises. Grantor retains the right to use the Protected
Property, for otherwise lawful and customary rural enterprises, such as,but not limited to, farm machinery repair,
sawmills, firewood distribution,for nature and historic tours, equestrian activities, and other passive or
"Ecotourism", "Agritourism" and"Special Events" as defined herein, educational programs or farm meetings and
like activities, so long as such activities are consistent with Orange County zoning regulations and permits required
by and issued by Orange County under its laws and ordinances as they exist now and as they may be amended
from time to time, and are conducted in buildings otherwise permitted under this Conservation Easement in a
manner that is consistent with the conservation purposes of this Conservation Easement. Any structures required
for permitted purposes shall be located only within the Farmstead Areas, as shown on Exhibit . Any permanent
or temporary structure or otherwise addition to the impervious surface shall not cause the total impervious surface
restriction of the Protected Property to exceed two percent.
Grantor has the right to establish and carry out customary rural enterprises provided said activities are compatible
with the Conservation Purposes of this Conservation Easement and agriculture and forestry uses of the Protected
Property, and are subordinate to the agricultural and residential use of the Protected Property. The enterprises shall
be conducted in the buildings required for the agricultural use of the Protected Property or the residences in which
full time employees of the farm reside. Enterprises which market petroleum or chemical products are prohibited.
For purposes herein,the term"Ecotourism" shall be broadly defined to mean tourism and activities that are carried
out in a relatively undisturbed natural area that serves as a tool for the education, appreciation, and promotion of
natural and cultural heritage that has minimal negative impacts on the environment and farming resources of the
Protected Property and promotes conservation and best management practices and provides constructive ongoing
contributions to and for the local community.
The term"Agritourism" shall be broadly defined to mean those farming activities and traditional rural activities
that are carried out on any agricultural location,including horticultural and agribusiness operations, that allow
members of the general public,for recreational, entertainment, active involvement, or educational purposes, to
view or enjoy rural activities, including farming,ranching,historic, cultural,harvest-your-own activities, or natural
activities and attractions, or"Special Events"as defined herein,that have minimal negative impacts upon the
environment and the Conservation Values of the Protected Property and are limited to "de minimis" access to and
uses of the Protected Property. An activity is an agritourism activity whether or not the participant paid to
participate in the activity.
The term"Special Events"shall be broadly defined to mean a one-time or infrequently occurring event outside
normal"Agritourism"programs or activities that provides for an agriculturally based leisure, social or cultural
experience outside the normal range of agritourism choices or beyond the everyday agricultural experience such as
but not limited to: seasonal festivals,harvest celebrations, field days, square dances and the like. In no event shall
"Special Events"exist on the Protected Property for more than seven(7) days per twelve(12)month period nor
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exist in a manner that negatively impacts the soils or Conservation Values. Any parking associated with such
events shall be located within the Farmstead Areas and/or existing farm roads as depicted in Exhibit .
3.4. Procedure to Construct Buildings and Other Improvements. The Grantor's rights to construct or reconstruct/repair
buildings and other improvements are described in subparagraphs (a)through(c)below. Any construction or
reconstruction not permitted below is prohibited. Before undertaking any construction or reconstruction that
requires advance permission, the Grantor shall notify the 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 the Orange County under applicable laws and ordinances for such construction activities under its
laws and ordinances as they exist now and as they may be amended from time to time. Any building that may be
constructed under this section may be repaired and replaced without the advance written permission of the Grantee.
a) Fences.Existing fences may be repaired and replaced, and new fences may be built on the Protected
Property for purposes of reasonable and customary management of livestock and wildlife or to fence
off the perimeter of the Protected Property.
b) Paving and Road Construction. Construction and maintenance of unpaved farm roads that may be
reasonably necessary and incidental to carrying out the improvements and uses permitted on the
Protected Property by this Easement are permitted. Such roads shall be located so as to minimize
impact to prime and unique soils on the Protected Property. No portion of the Protected Property shall
be paved or otherwise covered with concrete, asphalt, or any other impervious paving material,without
the advance written permission of the Grantee.
c) Buildings and Other Improvements within the Farmstead Area. Buildings and other structures
associated with uses and activities permitted in Paragraph 2.2 may be constructed,maintained and re-
constructed within the Farmstead Area.
3.5. Recreational Improvements. Grantor expressly reserves the right to engage in low impact non-developed
recreational activities such as hunting, fishing,hiking,bird watching, etc. and to control access of all persons for
the purpose of hunting and fishing,hiking,bird watching, etc.;provided that these activities do not impact the
protection and conservation of any animal habitat or other Conservation Values of the Protected Property.
3.6. Forest and Land Management. Pursuant to a forest management plan prepared by the North Carolina Forest
Service or a North Carolina Registered Forester and approved by the Grantees, trees may be removed, cut and
otherwise managed. Land used for grazing,horticulture, crops and animal husbandry operations on the Protected
Property shall be in a manner consistent with a Conservation Plan as required in Section 4.5.
3.7. Natural Resource Restoration and Enhancement Activities. Notwithstanding any terms contained within this
Easement, Grantor may engage or contract others to engage in any activity designed to repair,restore, or otherwise
enhance the natural resources found or once present on the Protected Property.
ARTICLE IV. ONGOING RESPONSIBILITY OF GRANTOR AND GRANTEE
This Easement is not intended to impose any legal or other responsibility on the NCDA&CS, or in any way to affect any
existing obligation of the Grantor as owners of the Protected Property.
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Among other things, this shall apply to:
4.1. Taxes. The Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against
the Protected Property. If the Grantee is ever required to pay any taxes or assessments on their interest in the
Protected Property, the Grantor shall upon demand reimburse the Grantee for the same.
4.2. Upkeep and Maintenance. The Grantor shall continue to be solely responsible for the upkeep and maintenance of
the Protected Property, to the extent it may be required by law. Neither the Grantees nor the State of North Carolina
shall have any obligation for the upkeep or maintenance of the Protected Property.
4.3. Transfer of Protected Property. The Grantor agrees to incorporate by reference the terms of this Easement in any
deed or other legal instrument by which they transfer or divest themselves of any interest,including leasehold
interests, in the Protected Property. The Grantor shall notify the Grantee in writing at least thirty(30) days before
conveying the Protected Property, or interest therein. Failure of Grantor to do so shall not impair the validity of the
Easement or limit its enforceability in any way.
4.4. Transfer of Easement. Subject to the contingent rights of the State of North Carolina with timely written notice and
approval of the NCDA&CS, the Grantee shall have the right to transfer this Conservation Easement to any public
agency or private nonprofit organization that, at the time of transfer, is a qualified organization under 26 U.S.C.
Section 170(h) of the Internal Revenue Code, as amended and under NGS 121-34 et seq.,provided the agency or
organization expressly agrees to assume the responsibility imposed on the Grantee by this Conservation Easement.
As a condition of such transfer, Grantee shall require that the conservation purposes intended to be advanced
hereunder shall be continued to be carried out. If the Grantee ever ceases to exist or no longer qualifies under 26
U.S.C. Section 170(h) of the Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer
this Conservation Easement to another qualified organization having similar purposes that agrees to assume the
responsibility imposed by the Conservation Easement.
4.5. Conservation Practices. The Grantors, their heirs, successors, or assigns, shall conduct agricultural operations on
the Protected Property in a manner consistent with a Conservation Plan prepared by Grantor in consultation with
NRCS and approved by the Soil and Water Conservation district and the Grantees. 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 Easement Deed. However the Grantor may 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 Protected Property,with
advance notice to the Grantor, in order to monitor compliance with the Conservation Plan.
4.6. Inspection and Access. With reasonable advance notice to the Grantor or with the Grantor's prior verbal consent,
Grantee or NCDA&CS, its employees and agents and its successors and assigns, shall have the right to enter the
Protected Property for the purpose of inspecting the Protected Property to determine whether the Grantor, its
successors or assigns are complying with the terms, conditions and restrictions of this Easement.
4.7. Enforcement. The Grantee shall have the primary responsibility for management,monitoring and enforcement of
the terms of this Conservation Easement, subject to the rights of the NCDA&CS. Grantee shall complete and
file the annual monitoring reports due on or before December 31 of each calendar as stipulated in ADFP Grant
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Contract#G20100322816ADF, a copy of which is kept on file with the NCADFP Trust Fund. The terms of said
contract are hereby incorporated by reference as if fully set forth herein.
Grantee shall have the right to prevent violations and remedy violations of the terms of this 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 Easement. Except when an ongoing or imminent violation
could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee shall give the
Grantor and NCDA&CS written notice of the violation and Grantor shall have thirty(30) days to cure the violation,
before commencing any legal proceedings. If a court of competent jurisdiction determines that a violation may exist
or has occurred, the Grantee may obtain an injunction to stop the violation, temporarily or permanently. The parties
agree that a court may issue an injunction or order requiring the Grantor to restore the Protected Property to its
condition prior to the violation, as restoration of the Protected Property may be the only appropriate remedy. The
failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later
time. In any case where a court finds no such violation has occurred, each party shall bear its own costs. In any case
where the Court finds that a violation has occurred Grantee shall have the right to recover its legal costs from the
Grantor,including attorney's fees or expenses associated with any enforcement or remedial action as it relates to the
enforcement of this Conservation Easement.
4.8. Rights of the State of North Carolina. In the event that the Grantee fails to enforce any of the terms of this
Conservation Easement, as determined in the discretion of the NCDA&CS, the said Commissioner of Agriculture
and their successors and assigns shall have the right to enforce the terms of this Conservation Easement through any
and all authorities available under federal or state law.
4.9. Rights of Enforcement. Under this Conservation Easement, the State of North Carolina is granted the right of
enforcement in order to protect the public investment. The Commissioner of the North Carolina Department of
Agriculture(the Commissioner) or his or her assigns, on behalf of the State of North Carolina,may exercise this
right of enforcement under any authority available under State or Federal law if Grantee knowingly fails to enforce
any of the terms of this Conservation Easement, as determined in the sole discretion of the Commissioner.
The State of North Carolina shall have the right to recover any and all administrative and legal costs from the
Grantee,including attorney's fees or expenses associated with any enforcement or remedial action as it relates to the
enforcement of this Conservation Easement.
In the event that Grantee knowingly fails to enforce any of the terms of this Conservation Easement, as determined
in the sole discretion of the Commissioner of Agriculture for North Carolina, the said 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 consent of
the Commissioner of Agriculture and payment of consideration to the State of North Carolina,then, at the option of
the Commissioner of Agriculture, all right, title, and interest in the Conservation Easement shall become vested in
the State of North Carolina.
ARTICLE V. REPRESENTATIONS OF THE PARTIES
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5.1. Grantor's Title Warranty. The Grantor covenants and represents that the Grantor is the sole owner and is seized of
the Protected Property in fee simple and has good right to grant and convey the Easement; that the Protected
Property is free and clear of any and all encumbrances, including but not limited to, any mortgages not subordinated
to this Easement, and that the Grantee shall have the use of and enjoy all the benefits derived from and arising out of
his Easement subject to existing easements for roads and public and private utilities.
5.2. Grantor's Environmental Warranty. The Grantor hereby promises to hold harmless and indemnify the Grantees and
the NCDA&CS against all litigation, claims, demands,penalties and damages, including reasonable attorneys' fees,
arising from or connected with the release or threatened release of any Hazardous Materials on, at,beneath or from
the Protected Property, or arising from or connected with a violation of any Environmental Law by Grantor or any
other prior owner of the Protected Property.
"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,infections materials and any other
element, compound,mixture, solution or substance which may pose a present or potential hazard to human health or
the environment.
5.3. Liability and Indemnification. Grantor agrees to indemnify and hold the Grantee, and the State of North Carolina
harmless from any and all cost, claims or liability, including but not limited to reasonable attorneys' fees arising
from any personal injury, accidents,negligence or damage relating to the Protected Property, or any claim thereof,
unless due to the negligence of Grantee or its agents,in which case liability shall be apportioned accordingly.
Grantor is responsible for obtaining liability insurance covering the Protected Property with limits deemed necessary
by Grantor,in its sole discretion.
Grantor agrees to indemnify and hold Grantee and the State of North Carolina harmless from any and all costs,
claims or liability, including but not limited to reasonable attorney fees arising from any personal injury, accidents,
negligence or damage relating to the Protected Property, or any claim thereof,unless due to the negligence of
Grantee or its agents,in which case liability shall be apportioned accordingly.
ARTICLE VI. MISCELLANEOUS
6.1. Recording. Grantee shall record this instrument in a timely fashion in the official record of Orange County,North
Carolina, and may re-record it at any time as may be required to preserve the rights of the Grantee, the State, and the
United States under this Easement.
6.2. Survival of Terms/Merger of Fee and Easement. The Grantor and Grantee agree that the terms of this Easement
shall survive any merger of this fee and easement interest in the Protected Property. In the event the Grantee
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becomes owner of the Protected Property, or any portion thereof, Grantee shall transfer any right title and interest in
this Easement to a third party in accordance with sections 4.4.
6.3. Amendment of Easement. This easement may be amended by a written instrument executed by the Grantee and the
Grantor and approved by the Commissioner of Agriculture. Any such amendment shall be consistent with the
Statement of Purpose of this Conservation Easement and with the Grantee's Conservation Easement amendment
policies, and shall comply with 26 U.S.C.§ of the Internal Revenue Code or any regulations promulgated in
accordance with that section. Any such amendment shall be recorded. Grantee shall give notice of any amendment
to and secure approval from, the North Carolina Department of Agriculture and Consumer Services prior
to signing and recordation and,must receive written consent prior to awarding the easement.
6.4. Procedure in the Event of Termination of Easement. If it is determined that conditions on or surrounding the
Protected Property change so much that it becomes impossible to fulfill the conservation purposes of this Easement,
a court with jurisdiction may, at the joint request of both the Grantor and the Grantee and with prior written consent
of the State of North Carolina, as provided herein, terminate or modify the Easement created by this Easement in
accordance with applicable State law.
If the Easement is terminated and the Protected Property is sold then as required by Section 1 of 170A-14(g) (6) of
the IRS regulations the Grantee and the NC ADFP Trust Fund shall be entitled to recover fifty percent(50%) of the
net proceeds (equal to the ratio of the appraised value of this Easement to the unrestricted fair market value of the
Protected Property, as these values are determined on the date of this Easement), subject to any applicable law
which expressly provides for a different disposition of the proceeds. The Grantee and NC ADFP Trust Fund shall
divide the resulting proceeds in accordance with the percentage of the purchase price of the Easement that each
party contributed. The respective shares of the Grantor, the Grantee, and NC ADFP Trust Fund shall be
proportionate to the percentage of their original investment. The Orange County Grantee's percent is 47% and NC
ADFP Trust fund's percent is 28%.
6.5. Procedure in the Event of Condemnation or Eminent Domain. Grantor and Grantee recognize that the sale of this
Easement, or any part thereof, gives rise to a property right, immediately vested in the Grantee with a fair market
value equal to the proportionate value that the Easement bears to the value of the Protected Property prior to the
restrictions imposed by the Easement. Accordingly, if any condemnation or eminent domain action shall be taken,
on all or part of the Protected Property,by any authorized public authority, said authority shall be liable to the
Grantee for the value of the property right vested in the Grantee at the time of the signing of this Easement.
NCDA&CS must consent to any such condemnation action.
If condemnation or a taking by eminent domain of a part of the Protected Property or the entire Protected Property
by a public authority renders it impossible to fulfill any of the conservation purposes of this Easement on all or part
of the Protected Property, the Easement may be terminated or modified accordingly through condemnation
proceedings. Grantor and Grantee agree that the Easement is a currently vested real property right with a value
equal to the proportionate value of the Easement has to the unencumbered value of the fee, as of the date of this
grant. If the Easement is terminated and any or all of the Protected Property is sold or taken for public use,then, as
required by Section 1 of 170A-14(g) (6) of the IRS regulations, the Grantee and the NC ADFP Trust Fund shall be
entitled to the proportionate value of the Easement,which has been predetermined at fifty percent of the Protected
Property's unrestricted value, subject to any applicable law which expressly requires for a different disposition of
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the proceeds. The Grantee shall use its proceeds consistently with the general conservation purposes of this
Easement.
If this Easement is extinguished or terminated or modified by condemnation action or eminent domain, the Grantee
and NC ADFP Trust Fund shall receive their proportional share of the Easement value at the time of termination.
The respective shares of the Grantee and NC ADFP Trust fund shall be proportionate to the percentage of their
original investment. The Orange County Grantee's percent is 47%and NC ADFP Trust fund's percent is 28%.
All termination-related or condemnation-related expenses incurred by the Grantor, the Grantee, and NC ADFP Trust
Fund shall be paid out of each parties respective proceeds prior to distribution of the net proceeds as described
herein.
6.6. Interpretation. This Easement shall be interpreted under the laws of the State of North Carolina,resolving any
ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation
purposes.
6.7. Perpetual Duration; Severability. The 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 the 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 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.
6.8. Subsequent Liens on Protected Property. No provision of this Easement should be construed as impairing the ability
of Grantor to use the Protected Property as collateral for subsequent borrowing. Any such liens shall be and remain
subordinate to this Easement.
6.9. Subsequent Easements/Restrictions on the Protected Property. The grant of any easements or use restrictions that
might diminish or impair the agricultural viability or productivity of the Protected Property or otherwise diminish or
impair the Conservation Values of the Protected Property is prohibited. Any such easements or restrictions shall be
subordinated to this Easement.
6.10. Notices. Any notices required by this Easement shall be in writing and shall be personally delivered or sent by first
class mail to the Grantor, Grantees,NCDA&CS,respectively, at the following address,unless a party has been
notified in writing by the other of a change of address
To the Grantor: To the Grantees: To the State of North Carolina:
Robert H. Pope Jr. Orange County DEAPR N.C. Dept. of Agriculture& Consumer
608 Polk Street PO Box 8181 Services
Raleigh,NC 27604 Hillsborough,NC 27278 NCADFP Trust Fund
2 West Edenton Street
AND Raleigh,NC 27601
Eno River Association
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4404 Guess Road
Durham,NC 27712
6.11. Approval by Grantee. In any case where the terms of this Easement require the approval of the Grantee,unless
otherwise stated herein, such approval shall be requested in writing to the Grantee, and the NCDA&CS if required,
in accordance with section 6.11. In any provision of this Easement in which the Grantor is required to provide
advance notice to the Grantee of any activity on the Protected Property, such notice shall be given not less than
thirty(30) calendar days prior to the planned commencement of the activity. If the Grantee's approval is required,
such approval shall be deemed withheld/disapproved unless Grantee provides to the Grantor written notice of
approval within 30 calendar days of receipt of said request. If Grantor has received no response after said 30
calendar days, Grantor may send a second written notice to Grantee requesting a statement of the reasons for the
disapproval and the Grantee shall respond within 30 calendar days with an explanation for the specific reasons and
basis for its decision to disapprove.
6.12. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and
supersedes all prior discussions,negotiations,understandings or agreements relating to the Easement. If any
provision is found to be invalid, the remainder of the provisions of this Easement, and the application of such
provision to persons of circumstances other than those as to which it is found to be invalid, shall not be affected
thereby.
6.13. Availability or Amount of Tax Benefits. Grantee and NCDA&CS, acting by and through NCADFP Trust Fund make
no warranty,representation or other assurance regarding the availability, amount or effect of any deduction, credit or
other benefit to Grantor or any other person or entity under United States or any state,local or other tax law to be
derived from the donation of this Easement or other transaction associated with the donation of this Easement. This
donation is not conditioned upon the availability or amount of any such deduction, credit or other benefit. Grantee
and NCDA&CS make no warranty,representation or other assurance regarding the value of this Easement or of the
Protected Property. As to all of the foregoing, Grantor is relying upon Grantor's own legal counsel, accountant,
financial advisor, appraiser or other consultant and not upon Grantee or NCDA&CS or any legal counsel,
accountant, financial advisor, appraiser or other consultant of Grantee or NCDA&CS. In the event of any audit or
other inquiry of a governmental authority into the effect of this donation upon the taxation or financial affairs
involving Grantor or Grantor's heirs, successors or assigns or other similar matter then Grantee and NCDA&CS
shall be reimbursed and indemnified for any cost or expense of any kind or nature whatsoever incurred by Grantee
in responding or replying thereto.
6.14. Warranties and Representations of Owner. By signing this Easement, Grantor acknowledges,warrants and
represents to Grantee that:
(a) Grantor has had the opportunity to be represented by counsel of Grantor's and fully understands that Grantor is
hereby permanently relinquishing property rights which would otherwise permit Grantor to have a fuller use and
enjoyment of the Protected Property.
(b) There are no recorded or unrecorded leases or other agreements for the production of minerals or removal of
timber from the Protected Property which would, if any of the activities permitted under such lease or other
agreement was undertaken by Grantor,violate the covenants or restrictions in this Easement or otherwise defeat
the conservation Purpose.
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TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantee, their successors and assigns, forever.
IN WITNESS WHEREOF, the Grantor and Grantee, intending to legally bind themselves,have set their hands on the date
first written above.
GRANTOR:
By: By:
Robert H. Pope, Jr. Gail Sutton Pope
Date:
ACKNOWDEDGEMENT OF GRANTOR:
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
I , a Notary Public in and for the aforesaid County and State, do hereby
certify that Robert H. Pope,Jr. and Gail Sutton Pope personally appeared before me this day and acknowledge the due
execution of the foregoing instrument.
Witness my hand and official stamp or seal this day of , 2016.
(stamp)
Notary Public
My commission expires:
Accepted:
GRANTEE: Orange County,North Carolina
By:
Name and Title
ATTEST:
By:
Name and Title
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
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I , a Notary Public in and for the aforesaid County and State, do hereby
certify that personally appeared before me this day and
acknowledge the due execution of the foregoing instrument.
Witness my hand and official stamp or seal this day of , 2016.
(stamp)
Notary Public
My commission expires:
GRANTEE: Association for the Preservation of the Eno River Valley, Inc.
By:
Barbara Driscoll,President
ATTEST:
By:
Name and Title
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
I , a Notary Public in and for the aforesaid County and State, do hereby
certify that Barbara Driscoll personally appeared before me this day and acknowledge the due execution of the foregoing
instrument.
Witness my hand and official stamp or seal this day of , 2016.
(stamp)
Notary Public
My commission expires:
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ACCEPTANCE OF PROPERTY INTEREST BY THE NORTH CAROLINA DEPARTMENT OF AGRICULTURE&
CONSUMER SERVICES
The North Carolina Department of Agriculture and Consumer Services, an agency of the State of North Carolina,hereby
accepts and approves the foregoing Conservation Easement, and the rights conveyed therein, on behalf of the State of
North Carolina.
By:
Jonathan Lanier
N.C. Department of Agriculture and Consumer Services
NORTH CAROLINA
COUNTY OF ORANGE
I , a Notary Public in and for the aforesaid County and State, do hereby
certify that Jonathan Lanier personally appeared before me this day and acknowledged that due execution of the foregoing
instrument.
Witness by hand and official stamp or seal this day of , 2016.
(Official Seal)
Notary Public
My commission expires:
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List of Exhibits
EXHIBIT A—Legal Description of the Protected Property
EXHIBIT B—Overview Maps
Exhibit B-1: Regional Context Map
Exhibit B-2: Multi-Easement Context Map
Exhibit B-3: Easement Area Context Map
EXHIBIT C—Current Conditions and Description Map
Exhibit C-1: Easement Area Description Map
Exhibit C-2: Easement Area Soils Map
Exhibit C-3: Current Conditions &Natural Resources Inventory Certification
EXHIBIT D—Easement Farmstead Locations
Exhibit D-1: Easement Area Farmstead 1 Map
EXHIBIT E—Easement Existing Impervious Surfaces
Exhibit E-1: Easement Existing Impervious Surface Map
Exhibit E-2: Easement Impervious Surface Calculations
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