HomeMy WebLinkAboutAgenda 4-e - Resolution of Approval – Conservation Easement on Spring Crest Farm and Approval of Budget Amendment #10-B 1
ORD-2019-025
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 4, 2019
Action Agenda
Item No. 4-e
SUBJECT: Resolution of Approval — Conservation Easement on Spring Crest Farm and
Approval of Budget Amendment #10-B
DEPARTMENT: Environment, Agriculture, Parks
and Recreation (DEAPR)
ATTACHMENT(S): INFORMATION CONTACT:
1. Resolution of Approval David Stancil, 245-2510
2. Location Map
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 Spring Crest 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 2,647 acres of significant natural areas
and prime farmland with permanent conservation easements, leveraging over $3 million in
outside funding and grants toward these easements.
Over the past year, DEAPR has worked with Kimberly Woods on a project to conserve
approximately 70 acres of Spring Crest Farm located on Pearson Road in Cedar Grove
Township.
The farm property is located in the Little River Protected Watershed, a priority watershed for
acquiring agricultural easements in a dual effort to protect prime farmland and drinking water
quality. The farm has over 2,000 feet of stream frontage on a tributary of the South Fork Little
River, which supplies drinking water for the City of Durham.
Mrs. Woods intend to grant a permanent conservation easement that will restrict future
development to protect prime farmland and streams, as well as scenic views of the farmland
from Pearson Road. All non-agricultural development rights will be extinguished through the
conservation easement. Future farm activities will be in accordance with a Conservation Plan
prepared for this farm by the Orange Soil & Water Conservation District.
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The planned agricultural conservation easement would be held by Orange County. The
easement would enhance the protection of this Century Farm. The easement would expand
and complement assistance from the Orange Soil and Water Conservation District that will
restore vegetative stream buffers, fence cattle from the stream, and provide an alternative
source of water with separate funding from the NC Conservation Reserve Enhancement
Program (CREP). CREP will require a permanent riparian buffer easement held by the State of
North Carolina which totals approximately 1.5 acres for the 70-acre property.
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 $244,000, which was
determined by an appraisal by Shackelford and Associates.
DEAPR identify the following funding sources:
Orange County (Lands Legacy) $131,000 (51%)
NC Agricultural Development and Farmland
Preservation Trust Fund (ADFP) $ 64,000 (25%)
Landowner Donation $ 61,000 (24%)
$256,000 (acquisition + transaction)
The purchase price for the conservation easement is $195,000, which is 75 percent of the
appraised value ($244,000). The landowner will donate 25 percent of the easement value
($61,000), 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 ($119,000 purchase price
plus $12,000 for appraisal, survey and closing costs) and ADFP ($64,000 purchase price).
The County's approximate share of funds ($131,000) would come from existing funds budgeted
and approved for the Lands Legacy program (Land Legacy Fund).
The Spring Crest Farm 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.
There would be no decrease in the property's market value caused by the conservation
easement (and extinguishing of portion of its development rights) since it would not lower the
property value to a level that is less than the current present use value.
With this allocation, approximately $2.17 million remains available in the Lands Legacy Capital
Project. The following Budget Amendment #10-13 provides for the use of the above mentioned
funds, and amends the following Capital Project Ordinances:
Lands Legacy Capital Project (-$131,000) - Project#20011
Revenues for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Alternative Financing $2,574,157 ($131,000) $2,443,157
From General Fund $42,697 $0 $42,697
Donations $1,000 $0 $1,000
Appropriated Fund Balance $9,337 $0 $9,337
Total Project Funding $2,627,191 ($131,000) $2,496,191
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Appropriated for this project:
Current FY FY 2018-19 FY 2018-19
2018-19 Amendment Revised
Lands Legacy Program $2,627,191 ($131,000) $2,496,191
Total Costs $2,627,191 ($131,000) $2,496,191
Conservation Easements Capital Project ($131,000) - Project# 20006
Revenues for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Alternative Financing $2,517,947 $131,000 $2,648,947
From General Fund $696,521 $0 $696,521
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
Initiative $54,000 $0 $54,000
NC Conservation Reserve
$18,800 $0 $18,800
Program
Contribution from Hillsborough $6,157 $0 $6,157
USDA Farmland Protection $1,936,000 $0 $1,936,000
Total Project Funding $5,618,768 $131,000 $5,749,768
Appropriated for this project:
Current FY FY 2018-19 FY 2018-19
2018-19 Amendment Revised
Conservation Easements $5,618,768 $131,000 $5,749,768
Total Costs $5,618,768 $131,000 $5,749,768
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
This farm conservation easement will help ensure that this prime farmland remains available for
cultivation and food production, helping to provide healthy local food to County residents and
others.
RECOMMENDATION(S): The Manager recommends 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 September 30, 2019, and approve Budget Amendment
#10-B.
RES-2019-038 Attachment 1 4
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Approval of Conservation Easement
between
Orange County
and
Kimberly Woods
WHEREAS, Orange County has adopted goals that promote the preservation of natural
areas, wildlife habitat, prime farmland, and open space in the county; and
WHEREAS, Orange County established the Lands Legacy Program for the purpose of
protecting the most significant natural and cultural resources through partnerships with
landowners and other conservation entities; 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 Spring Crest Farm property includes approximately 70 acres in the Little
River protected watershed, consisting of a majority of prime agricultural soils, and includes
2,000 linear feet of tributaries that drain to the Little River Reservoir — a drinking water supply
reservoir for the City of Durham; and
WHEREAS, Kimberly Woods, the owner of the Spring Crest Farm property, wishes to grant a
permanent conservation easement to Orange County, which will protect the prime farmland
and riparian corridors that exist on the property; and
WHEREAS, a conservation easement on this approximately 70 acres would ensure the
preservation of this farmland and stream buffers for future generations and help compensate
the owner 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 conservation easement for land
owned by Kimberly Woods; 2) approve the execution of this conservation easement
agreement with Kimberly Woods, in accordance with the terms of the proposed easement
agreement, subject to final review by staff and the County Attorney; 3) authorize the Chair
and the Clerk to sign the easement agreement on behalf of the Board, with a closing to occur
on or about September 30, 2019; and 4) authorize County staff to sign any and all closing
documents upon consultation with the County Attorney.
BE IT FURTHER RESOLVED that the Board thanks Kimberly Woods for her civic-minded
granting of this conservation easement through the Lands Legacy Program.
This the 4t" day of June, 2019.
Penny Rich, Chair
Orange County Board of Commissioners
Donna Baker, Clerk to the Board
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Non-County Parks and Open Space Conservation Easements Held By Others
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Planned CREP Easement 1 inch = 455 feet Date: 4/12/2019
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Attachment 4
This instrument prepared by and return to: ADFP TRACKING#
John L.Roberts,Office of the Orange County Attorney ADM-ADFP-18-019
Box 8181,Hillsborough,NC 27278
STATE OF NORTH CAROLINA
COUNTY OF ORANGE TAX ID/PARCEL/PIN
PIN 9878814496
WARRANTY
DEED OF CONSERVATION EASEMENT
This Deed of Conservation Easement("Easement")is granted on this 1st day of, ,by KIMBERLY D WOODS
TRUSTEE having an address of 2915 Pearson Rd,Hurdle Mills,NC 27541 ("GRANTOR"),to ORANGE COUNTY,
NORTH CAROLINA,having an address of Post Office Box 8181,Hillsborough,NC 27278 ("GRANTEE"),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, Grantee, and NCDA&CS are collectively referred to as "The Parties".
The designation Grantor and Grantee 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"Enter name of plat
Conservation Easement'prepared by Enter surveyor which plat is recorded at Plat Book Enter book number Page Enter
page number, Orange County Registry with said farm property totaling 69.9 acres covered by this Conservation Easement
(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 E attached
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hereto and incorporated herein. The majority of the soils on the Protected Property have been classified as"prime"or
"statewide important"soils by NRCS. The property is bisected by an unnamed tributary which flows generally southward
into South Fork Little River which flows into Little River Reservoir, a public drinking water supply reservoir serving the
City of Durham. It is the primary purpose of this Easement to protect the green space, silvicultural and agricultural soils,
and agricultural and silvicultural viability and productivity by limiting nonagricultural uses of the Protected Property. It is
a secondary purpose of this Easement to protect the quality of the surface waters in the watershed of the Little River.
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;"
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(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;"
(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,
(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
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 the Agricultural 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 is qualified to hold Easements under the applicable laws of the State of North Carolina and Grantee
Orange County is a tax-exempt public charity under section 501(c) and 509(a)2 of the Internal Revenue Code and the
regulations promulgated thereunder, and Orange County is a qualified organization under I.R.C. section 170(h). Further,
the County is eligible to receive NCADFP Trust fund monies pursuant to Article 61 of Chapter 106 of the North Carolina
General Statutes.
NOW, THEREFORE, for two hundred and fourty-four thousand Dollars($244,000)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 Grantee, and the Grantee hereby voluntarily
accepts, a perpetual Conservation Easement in the Protected Property,which Easement is an immediately vested interest
in real property 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 Grantee to enforce these Covenants in the manner described below.
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ARTICLE I. GENERAL
1.1. Statement of Purpose. It is the primary purpose of this Conservation Easement to enable the Protected Property to
remain in agricultural use by preserving and protecting its 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.
The provisions of this Conservation Easement and associated exhibits will not be interpreted to restrict the types of
agricultural operations that can function on the Protected Property, so long as the agricultural operations are
consistent with the long-term viability of the Protected Property,Agriculture Conservation Plan and conservation
easement purposes, and do not violate federal or state laws, including federal drug laws. No uses will be allowed
that decrease the conservation easement protection for the agricultural use and future viability, and related
conservation values of the Protected Property. The production,processing, and marketing of agricultural crops and
livestock is allowed provided it is conducted in a manner consistent with the terms of the Agricultural
Conservation Plan.
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 Re u�ry Requirements. The Grantor is responsible for complying with all additional
permits or regulation to use or develop the Protected Property under the terms of this Easement, including Orange,
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
Any activities inconsistent with the purposes of this Conservation Easement are prohibited. The terms and conditions of
this easement run with the land and are binding upon the Grantor and Grantee and their respective heirs, successors,
agents, assigns,lessees, and any other person claiming under them must comply with all terms and conditions of this
Conservation Easement,including the following:
2.1. Subdivision. Separate conveyance of a portion of the Protected Property, subdivision,partitioning or dividing the
Protected Property is prohibited. Grantor hereby waives any right to subdivide the protected property pursuant to
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North Carolina General Statute 106-744(b)(1). Even if the Protected Property consists of more than one parcel for
real estate tax or any other purpose or if it was acquired previously as separate parcels, it will be considered one
parcel for purposes of this Conservation Easement, and the restrictions and covenants of this Conservation
Easement will apply to the Protected Property as a whole.
2.2. Industrial and Commercial Use. Industrial and commercial use of the Protected Property and access therefore is
prohibited except agricultural production and related uses conducted as described in the Agricultural Conservation
Plan; the sale of excess power generated in the operation of renewable energy structures and associated equipment
or other energy structures that Grantee approves in writing as being consistent with the conservation purposes of
this Conservation Easement; temporary or seasonal outdoor activities or events that do not harm the agricultural
use, future viability, and related conservation values of the Protected Property herein protected; commercial
enterprises related to agricultural or forestry including but not limited to agritourism,processing,packaging,and
marketing of farm or forest products. 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. Conducting customary
rural commercial enterprises on any other part of the 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 Property.
2.3. Minim. 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. Disturbed areas for the
purpose of removing topsoil, sand, gravel,rock,peat,minerals, or other materials must not harm the conservation
values or the agricultural uses of the Property and will be restored as soon as practicable after the disturbance. Any
removal of material as provided for in this subsection shall be solely for the purposes of the Protected Property and
shall not be removed and sold to a third party. Under no circumstances is the exploration, exploitation and/or
drilling for oil,natural gas,coal and/or other hydrocarbons permitted in,on or to the Protected Property. If a third
party owns or leases the oil,natural gas, or any other mineral substance at the time this Conservation Easement is
executed, and their interests have not been subordinated to this Conservation Easement,the Grantor must require,
to the greatest extent possible,that any oil,natural gas, and mineral exploration and extraction conducted by such
third party is conducted in accordance with this paragraph.
2.4. Surface Alteration. Grading,blasting, filling, sod farming, earth removal, or any other activity that will disturb the
soil surface or materially alter the topography, surface or subsurface water systems, or wetlands of the Protected
Property is prohibited, except as follows: dam construction in accordance with the Agricultural Conservation Plan
to create ponds for agricultural use, fire protection, or wildlife enhancement, including enhancement through
wetland restoration, enhancement or creation; erosion and sediment control pursuant to a plan approved by the
Grantee; soil disturbance activities required in the construction of approved buildings, structures,roads, and
utilities provided that the required alteration has been approved in writing by Grantee as being consistent with the
conservation purpose of this Conservation Easement; or agricultural activities conducted in accordance with the
Agricultural Conservation Plan.
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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. The
placement of underground or above ground storage tanks or other materials is prohibited,with the exception of
agricultural products,byproducts(including the composting of biodegradable material 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. Structures and Improvements. There shall be no building,tower, facility,mobile home, or other structure
constructed or placed on the Protected Property,not otherwise specifically authorized herein,unless related
specifically to a right reserved to the Grantor in Article 111. Any structures permitted or reserved by Grantor shall
be of such reasonable size,proportion,height and character so as not to significantly detract from the open space
and agricultural purposes of this Conservation Easement. Under no circumstances shall recreational fields, golf
courses or ranges, airstrips or helicopter pads be constructed or permitted on the Protected Property.
2.7. 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 the Sign Ordinance set forth in the Orange County Unified Development Ordinance. 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 Agricultural 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:
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(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;
(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 D. 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
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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
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 D.
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 County of Orange 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 may be
constructed under applicable laws and ordinances for such construction activities. Any building that may be
constructed under this section may be repaired and replaced. All permanent construction and/or placement upon
the Protected Property of any impervious surface must be approved in writing by the Grantee to ensure compliance
with the terms and conditions of this Conservation Easement.
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 without any further permission of the Grantee.
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) Farm Structures&Improvements -New buildings,barns, sheds and other structures and
improvements to be used primarily for agricultural purposes, including the processing or sale of farm
products predominantly grown or raised on the Protected Property may be built within the"Farmstead
Area"as shown on Exhibit , after written approval from the Grantee is obtained. The Grantee
shall give such approval within a reasonable time,unless it determines that the proposed building,
structure or improvement would be inconsistent with the terms and conditions of the Agricultural
Conservation Plan, significantly diminish or impair the Conservation Values of the Protected Property
or otherwise be inconsistent with the purposes of this Conservation Easement. Existing
buildings/barns/sheds and greenhouses as depicted in Exhibit E may be repaired or reconstructed in
accordance with all other Conservation Easement provisions.
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Any temporary structures proposed for locations outside the Farmstead Areas shall be for agricultural purposes
only and may only be erected with the advance written permission of the Grantee. The Grantee shall give such
permission within a reasonable time and ensure the proposed temporary structure is erected in a way that
minimizes any negative impact to the soils, diminishes and/or in any way is inconsistent with the Conservation
Values of the Conservation Easement Deed.
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, 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.Utility Services, Septic Systems, and Fuel Storage_Installation,maintenance,repair,replacement,removal and
relocation of electric, gas, and water facilities, sewer lines and/or other public or private utilities,including
telephone or other communication services over or under the Protected Property for the purpose of providing
electrical, gas,water, sewer, or other utilities to serve improvements permitted herein, and the right to grant
easements over and under the Protected Property for such purposes, is permitted. Installation,maintenance,repair
or improvement of a septic system or other underground sanitary system for the benefit of any of the improvements
permitted herein,is permitted. Above-ground storage tanks for fuels or any other materials for residential or on-
site agricultural use are permitted up to a maximum size of one thousand(1000)gallons. Any such tanks are
required to be located within the Farmstead Envelopes, shall be constructed to minimize any pollution to land or
water, and in accordance with applicable local, state and federal laws and regulations. All other utilities are
prohibited on the Protected Property including,but not limited to,communication towers or structures.
Notwithstanding the previous sentence,with advance written permission from Grantee, Grantor retains the right to
construct a wind turbine or similar device for the purpose of generating electricity to be used for the permitted
improvements and farming operations occurring on the Protected Property.
On-farm energy production/renewable energy production is allowed for the purpose of generating energy for the
agricultural and residential needs of the Protected Property. Renewable energy sources must be built and
maintained within impervious surface limits,with minimal impact on the conservation values of the Protected
Property and consistent with the purposes of the Conservation Easement.
3.7. Forest and Land Management. Pursuant to a forest management plan prepared by the North Carolina Forest
Service or a North Carolina Registered Forester,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 an Agricultural Conservation Plan as required in Section 4.5.
3.8. 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.
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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.
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. The Grantee and the State of North Carolina shall
have no 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 the Agricultural Conservation Plan prepared by Grantor in
consultation with NRCS and approved by the Soil and Water Conservation district. This Agricultural
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 an Agricultural 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
Agricultural 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
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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
Contract#17-095-4038,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 being 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 with 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.
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 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 Easement.
In the event that Grantee 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 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 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 Easement shall become vested in the State of North Carolina.
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ARTICLE V. REPRESENTATIONS OF THE PARTIES
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. Grantor warrants that Grantor is in compliance with, and will remain in
compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any
governmental authority of any violation or alleged violation of,noncompliance or alleged noncompliance with,or
any liability under, any Environmental Law relating to the operations or conditions of the Protected Property.
Grantor further warrants that they have no actual knowledge of a release or threatened release of Hazardous
Materials, as such substances and wastes are defined by applicable Federal and State law.
Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and NCDA&CS against all
litigation, claims,demands,penalties and damages, including reasonable attorney's 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 Laws by Grantor or any other prior owner of the
Protected Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by
Grantee to Grantor with respect to the Protected Property or any restoration activities carried out by Grantee at the
Protected Property;provided,however,that Grantee shall be responsible for any Hazardous Materials contributed
after this date to the Protected Property by Grantee.
Furthermore, Grantor warrants the information disclosed to Grantee and NCDA&CS regarding any past violations
or non-compliance with Environmental Laws and associated remedial actions, or any past releases of Hazardous
Materials and any associated remedial actions is complete and accurate.
"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.
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Grantor is responsible for obtaining liability insurance covering the 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
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 Grantor,the Grantee,NC ADFP Trust Fund shall be entitled to recover the proceeds of the
conservation easement based on the appraised fair market value of the conservation easement at the time the
easement is extinguished or terminated, subject to any applicable law which expressly provides for a different
disposition of the proceeds. The respective shares of the Grantor,the grantee, and NC ADFP Trust Fund shall be
proportionate to the percentage of their original investment. The grantor's percent is 25%,the Grantee's percent is
49% and NC ADFP Trust fund's percent is 26%.
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
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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 through condemnation proceedings. 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 shall be entitled to the proportionate value of the Easement,
which has been predetermined as the Protected Property's unrestricted value, subject to any applicable law which
expressly requires for a different disposition of the proceeds. The Grantee shall use its proceeds consistently with
the general conservation purposes of this Easement.
If this Easement is extinguished or terminated,the Grantor,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 Grantor,the
Grantee, and NC ADFP Trust fund shall be proportionate to the percentage of their original investment. The
Grantor's percent is 25%,the Grantee's percent is 49%and NC ADFP Trust fund's percent is 26%.
All termination-related or condemnation-related expenses incurred by the Grantor,the Grantee,and NC ADFP
Trust Fund shall be paid out of each party's respective proceeds prior to distribution of the net proceeds as
described herein.
6.6 Boundary Line Adjustment. Boundary line adjustments are permitted only in the case of technical errors made in
the survey or legal description. In such cases,boundary line adjustments cannot exceed two(2) acres for the entire
Protected Property. The Grantor and NCDA&CS must be notified immediately of the technical errors and a
correction deed containing the revised legal description shall be properly executed and duly recorded. A copy of
the duly recorded correction deed must be submitted to NCDA&CS within five days of the date of recording.
6.7. 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.
6.8. 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.
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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, Grantee,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 Grantee: To the State of North Carolina
Kimberly D Woods Trustee Orange County N.C. Dept. of Agriculture&Consumer Services
Kimberly Woods DEAPR NCADFP Trust Fund
2915 Pearson Rd. Post Office Box 8181 2 West Edenton Street
Hurdle Mills,NC 27541 Hillsborough,NC 27278 Raleigh,NC 27601
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
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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.
TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantee, their successors and assigns,forever.
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IN WITNESS WHEREOF,the Grantor and Grantee, intending to legally bind themselves,have set their hands on the date
first written above.
GRANTOR:
By:
Kimberly D.Woods
Date:
ACKNOWDEDGEMENT OF GRANTOR:
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
1, , a Notary Public in and for the aforesaid County and State,do hereby
certify that Kimberly D.Woods 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 ,20
(stamp)
Notary Public
My commission expires:
Accepted:
GRANTEE: Orange County,North Carolina
By:
Penny Rich, Chair
Orange County Board of Commissioners
ATTEST:
By:
Donna S. Baker
Clerk to the Board of Commissioners
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STATE OF NORTH CAROLINA
COUNTY OF ORANGE COUNTY
I, , a Notary Public in and for the aforesaid County and State,do hereby
certify that Donna S. Baker 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 ,20_
(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
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 ,20_
(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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