HomeMy WebLinkAboutAgenda - 06-05-2001-5aORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 5, 2001
Action Agenda
Item No. _~ _ q
SUBJECT: Resolution of Approval and Acceptance of Grant -Victor and Lucille Walters
Conservation Easement
DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No
Conservation
ATTACHMENT
Resolution of Approval
Grant Agreement
Conservation Easement Agreement
Property Map
INFORMATION CONTACT:
David Stancil, 245-2590
Rich Shaw, 245-2591
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 9fi8-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider a resolution to approve entering into a farmland preservation
conservation easement.with Victor and Lucille Walters, and acceptance of a grant from the
N.C: Farmland Preservation Trust Fund.
BACKGROUND: The acquisition of agricultural conservation easements to help preserve
County farmland has long been a goal of the Board of Commissioners, and is a priority of the
Lands Legacy program. Acquisitian of the County's first agricultural conservation easement
was a priority in the adopted Lands Legacy Annual Action Plan for 2000-2001.
In the fall of 2000, Staff began talking with farmers interested in conveying an agricultural
easement. Priority was placed on farms with a strong conservation track record in water
supply watersheds. After preliminary discussions with the Walters family, the Board
authorized pursuit of an easement and a grant submittal to the Farmland Preservation Trust
Fund. The Walters farm is in Back Creek watershed, and 92-year old Victor Walters was
Conservation Farmer of the Year in 1953. The grant was approved in February of this year
in the amount of $107,000, or half of the easement price.
Over the last few months, staff and the County Attorney have worked with the Walters and
their attorney to craft an easement that meets the family's needs and the County's interests.
The easement would cover a 70.83 acre parcel of farmland. All development rights would be
purchased through the easement, with the exception of two future house lots as denoted in
the easement. A baseline report on the property's current status has been prepared and
incorporated into the easement.
Easement monitoring would be accomplished by ERCD staff on -an annual basis, until such
time as the Board of Commissioners and the Soil and Water Board of Supervisors may enter
into a memorandum of agreement for the easement monitoring to be accomplished by Soil
and Water/NRCS staff.
FINANCIAL IMPACT: The cost of the easement purchase is $210,000, or $3,000 per acre.
Including closing and other transaction costs, the total cost of the project is $215,000 -with
$107,000 of this amount to be reimbursed by the Farmland Preservation Trust Fund within
10 days of closing. Total County cost of $108,000 would come from the Lands Legacy Fund
($174,777 remaining). A budget ordinance amendment would be prepared at an upcoming
BOCC meeting for this, project.
RECOMMENDATION(S): The Manager recommends that the Board:
1. adopt the resolution approving the easement and authorize the Chair to sign the
easement, with closing and recordation of the document to occur by July 31, 2001, and
2. authorize the Chair to sign the Farmland Preservation Trust Fund grant agreement,
accepting the $107,000 grant award.
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Approval of Farmland Conservation Easement between the County of Orange and
Victor and Lucille Walters
WHEREAS, The County of Orange has an adopted goal promoting the preservation of
farmland in the County; and
WHEREAS, agriculture in the County is an important facet of the economy and way of life in
the County; and
WHEREAS, one component of the Lands Legacy program is the acquisition of conservation
easements on prime ar threatened farmland within water supply watersheds; and
WHEREAS, the Walters farm has a strong conservation track record in the Back Creek
Watershed, with Victor Walters named as Conservation Farmer of the Year in 1953; and
WHEREAS, a grant in the amount of $107,000 has been awarded to the County from the
N.C. Farmland Preservation Trust Fund for this project; and
WHEREAS, a conservation easement on this farm provides awin-win scenario -ensuring
the preservation of this farmland for future generations and providing return on the property
for the Walters family:
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners for the County of
Orange do hereby approve the execution of this conservation easement with Victor and
Lucille Walters for 70.83 acres in Cedar Grove Township, in accord with the terms of the
attached easement agreement, and authorizes the Chair to sign the easement agreement on
behalf of the Board, with a closing to occur on or before July 31, 2001.
BE IT FURTHER RESOLVED that the Board accepts the grant award of $107,000 from the
Farmland Preservation Trust Fund, and authorizes the Chair to sign the grant agreement.
This the 5t'' day of June, 2001.
Stephen H. Halkiotis, Chair
Orange County Board of Commissioners
Beverly Blythe, Clerk to the Board
s
C T N C
2000 North Carolina Farmland Preservation Trust Fund Grant Agreement
Orange County Board of Commissioners
Acceptance of $107,000 Farmland Preservation Grant Award fair the Walters Farin
Purchase of development rights:
$107,000
Printed Name Date
Signature
TitleJOrganization
Witness
Date
Please return one original cagy of this Acceptance of Farmland Preservation Grant Award to CTNC, Attn:
Margaret Newbold, PO Sox 33333, Raleigh, NC 27636-3333.
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CONSERVATION TRUST FOR NORTH CAROLINA
a::.:: .
1Vlr. Stephen H. Halkiotis, Chair C T N C January 12, 2001
Orange County Board of Commissioners
PO Box 8181
Hillsborough, NC 27278
Grant Agreement: Farmland Preservation Grant Award for Agricultural Conservation easement on
Walters farm in Orange County -
Dear Mr. Halkiotis:
Congratulations, you have been awarded a $107,000 grant by the North Carolina Farmland Preservation
Program, agrant-in-aid program for agricultural conservation easements administered by the Conservation
Trust for the North Carolina Department of Agriculture. This grant covers the following project elements as
requested in your application for the Walters farm:
Purchase of development rights:
Transactional costs:
Long-term monitvring/stewardship fiords:
$107,000
With this grant you are expected to acquire a permanent agricultural easement for a minimum of 70 acres
of the farm. Your grant application will be attached to the contract arid is a part of the grant agreement.
Please inform us if any information included in the original application changes. Please forward any
supporting materials or documentation that was not included with your application, such as a letter of
support from an appropriate unit of local government.
For grants to cover transactional costs, please forward copies of the recorded conservation easement and
invoices, receipts, statements or bills before we will disburse funds.
For grants for long term "stewardship" monitoring and enforcement endowment funds, proof of the
existence of the account should be sent in advance of disbursement of grant funds. After disbursement of
funds, proof of deposit of fiords into said account should be forwarded to this office.
For purchase of development rights there should be a formal closing in an attorney's office. This
transaction involves payment for an interest in land so a form 1099 must be filed by the attorney with the
IRS and a copy given to the Granter #o be filed with his taxes. Also a HUD-1 settlement statement should
be prepared, typically this is done by the sellers attamey. When a closing is held in this manner please
notify me with the payment amount due at least seven days prior to closing. CTNC will fissile a pheck to
the attorney's trust account prior to closing and the attorney will disbars a pc m ~#ler the
~: .
easement document has been recorded. All other fees should be taken card p~ ~~ § g , . ~}e's~~pment
statement with disbursement to the a ro riate arties i.e. a raiser attorn ~~ '
PP p p (~ PP ey, survey, etc- .After" blo~ing
please send a copy of the settlement statement with copies of recording receipts from the register of deeds
office to CTNC. When the easement has been processed by the ROD, send a copy of the recorded and
executed easement also. In the case where only a portion of the tract is placed under easement, a copy of
the boundary survey must be provided.
Thank you for your interest and commitment to farmland preservation in North Carolina and
congratulations on your successfiil application.
Sincerely,
Margaret J. Newbold
Associate Director
CONSERVATI~DN TRUST FOR NORTH CAROLINA
on o.... »»-, „ .. _. _.. . ~.. -~... ____ - -
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Walters Conservation Easement draft 05/18/01
STATE OF NORTH CAROLINA Tax map Parcel
COUNTY OF ORANGE
DEED OF AGRICULTURAL CONSERVATION EASEMENT
This Deed of Agricultural Conservation Easement ("Easement") is granted on this day
of 2001, by VICTOR CARL WALTERS, SR. and LUCILLE B. WALTERS, husband and
wife, having an address of 7501 High Rock Road, Efland, NC 27243 ("Grantors "), to the
COUNTY OF ORANGE ("Grantee").
WHEREAS:
Grantors are the sole owners in.fee simple, of certain farm Property, mare particularly
described in Exhibit A, attached hereto and incorporated herein (the "Property"), which
consists of approximately 70 acres of land, located in Cedar Grove Township, Orange County,
North Carolina. The Property includes buildings and other improvements, which are shown
on Exhibit B, attached hereto and incorporated, herein.
The Property consists primarily of productive agricultural land. The majority of the
soils on the Property have been classified as "prime soils" by the Natural Resources
Conservation Service, U.S. Department of Agriculture. It is the primary purpose of this
Easement to protect the agricultural sails and agricultural viability and productivity of the
Property.
The Property also includes natural woodland habitats for a variety of wildlife species of
importance to the Grantors, the people of Orange County and the people of North Carolina, in
addition to outstanding scenic qualities that can be enjoyed by the general public, namely as the
foreground of a scenic vista from High Rock Road (State Road 1340) northwest of the town of
Efland {unincorporated). It is a secondary purpose of this Easement to protect. these natural
habitat and scenic resources.
The agricultural, natural habitat and scenic resources of the Property are collectively
referred to as the "conservation values" of the Property..
The specific conservation values of the Property and its current use and state of
improvement are described in a Present Condition Report ("Report") prepared by the Grantee
with the cooperation of the Grantors, and ackriowledged by both parties to be accurate as of the
date of this Easement. This Report may be used by the Grantee to document any future
changes in the use or character of the Property in order to ensure the terms and conditions of
this Easement are fulfilled. This Report, however, is not intended to preclude the use of other
evidence to establish the present condition of the Property if there is a controversy over its use.
The Grantors and Grantee have copies of this Report.
Walters Conservation Easement draft 05/18/01
The Grantors and Grantee agree that the current agricultural use of, and improvements
to, the Property are consistent with the conservation purposes of this Easement.
The Grantors intend that the conservation values of the Property be preserved and
maintained, and further, Grantors intend to convey to the Grantee the right to preserve and
protect the agricultural and other conservation values of the Property in perpetuity.
The conservation purposes of this Easement aze recognized by, and the grant of this
Easement will serve, the following clearly delineated governmental conservation policies:
The Farmland Protection Policy Act, P.L. 97-98, 7 U.S.C. Section 4201, et seg.,
whose purpose is "to minimize the extent to which Federal programs and policies contribute to
the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure
that Federal programs aze administered in a manner that, to the extent practicable, will be
compatible with State, unit of local government and private programs and policies to protect
farmland;"
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 Cazolina aze among the basic
assets of the State and the preservation of these lands is necessary to protect and promote the
health, safety and general welfaze 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;"
North Carolina General Statute 106-5$3 et seq. which states that "lt 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;"
The State of North Cazolina has authorized the creation of Conservation Easements
pursuant to the terms of the North Cazolina Conservation and Historic Preservation
Agreements Act, N.C.G.S. 121-34 et. sec ., which provide for the enforceability of
restrictions, easements, covenants or conditions "appropriate to retaining land or water areas
predominantly in their natural, scenic or open condition or in agricultural, horticultural,
farming, or forest uses," and which provides for tax assessment of lands subject to such
agreements "on the basis of the true value of the land and improvements less any reduction in
value caused by the agreement"; and the Grantors and Grantee wish to avail themselves of the
provisions of that law.
The Grantee 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;
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Walters Conservation Easement draft 05/1 S/01
NOW, THEREFORE, far the reasons given, and in consideration of their mutual
covenants, terms, conditions and restrictions contained herein, the parties agree as follows.
1. Grant of Agricultural Easement
Grantors hereby voluntazily grant and convey to the Grantee, and the Grantee
hereby voluntarily accepts, a perpetual Agricultural Conservation Easement, an immediately
vested interest in real property the nature and chazacter described herein. Grantors promise
that they will not perform, nor knowingly allow others to perform, any act on or affecting the
Property that is inconsistent with the covenants herein. Grantors authorize the Grantee to
enforce these covenants in the manner described below.
2. Statement. of Purpose
It is the primary purpose of this Agricultural Conservation Easement to enable the
Property to remain in agricultural use by preserving and protecting its agricultural soils and
agricultural viability and productivity. No activity which shall significantly impair the actual
or potential agricultural use of the Property shall be permitted. To the extent that the
preservation and protection of the natural, historic, recreational, habitat or scenic values,
referenced in this Easement are consistent with 'the primary purpose stated above, it is within
the purpose of this Easement to also protect those values, and no activity which shall
significantly impair those values shall be permitted.
3. Rights and Responsibilities Retained by Grantors
Notwithstanding any provisions of this Easement to the contrary, the Grantors reserve
to and for themselves and their successors all customary rights and privileges of ownership,
including the rights to sell, lease, and devise the Property, together with any rights not
specifically prohibited by or limited by this Easement, not inconsistent with the Statement of
Purpose herein. Unless otherwise specified below, nothing in this Easement shall require the
Grantors to take any action to restore the condition of the Property after any Act of God or
other event over which they had no control. Grantors understand that nothing in this Deed
relieves them of any obligation or restriction on the use of the Property imposed by law.
4. Right to Farm
Grantors retain the right to farm, or to permit others to farm the Property, consistent
with the conservation values of the Property and in accordance with applicable local, state and
federal laws and regulations.
5. Right to Privacy
Grantors retain the night to privacy and the right to exclude any member of the public
from trespassing on the Property.
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Walters Conservation Easement draft 05/18/01
6. Right to Use the Property for Customary Rural Enterprises
Grantors retain the right to use the Property for otherwise lawful and customary
rural enterprises, such as, but not limited ta, farm machinery repair, sawmills, firewood
distribution, bed and breakfast, or educational programs so long as such uses are confined to
locations within the "Farmstead Area" as identified on Exhibit B. Conducting customary rural
enterprises on any other part of the Property is not permitted without the advance written per-
mission 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.
7. Procedure to Construct Buildings and Other Improvements
The Grantors' rights to construct or reconstruct buildings and other improvements
are described in subparagraphs (a) through (g) below. Any construction or reconstruction not
permitted below, or not previously approved by Grantee, is prohibited. Befare undertaking
any construction ar reconstruction that requires advance permission, the Grantors shall notify
the Grantee and obtain written permission. All construction or reconstruction is subject to
applicable building codes.
(a) Fences -- Existing fences may be repaired and replaced, and new fences may be
built on the Property far purposes of reasonable and customary management of livestock and
wildlife without any further permission of the Grantee.
(b) Agricultural Structures & Improvements -- Existing, agricultural structures and
improvements may be repaired, reasonably enlarged and replaced at their current locations, as
shown on Exhibit B, without further permission from the Grantee. New buildings and other
structures and improvements to be used primarily for agricultural purposes, including the
processing or sale of farm products predominantly grown or raised on the Property, but not
including any dwelling or farm labor housing, may be built on the Property without any further
permission of the Grantee provided they are located in the "Farmstead Area" as indicated an
Exhibit B. Any new buildings, structures or improvements proposed for locations outside the
"Farmstead Area" may be built only with the advance written permission of the Grantee. The
Grantee shall give such permission within a reasonable time, unless it determines that the
proposed building, structure ar improvement would significantly diminish or impair the
conservation values of the Property.
(c) Farm Support Housing -- All existin dwellings or structures used to house farm
tenants and employees as shown on Exhibit B, may be repaired, reasonably enlarged and
replaced at their current location without further permission of the Grantee. New single - or
multi-family -dwellings or structures to be used primarily to house farm tenants, employees or
others engaged in agricultural production on the Property may be built on the Property without
any further permission of the Grantee, provided they are located within that area identified and
marked as "Farm Support Housing" on Exhibit B. At the time that construction of such
structures is to commence, Grantee shall be notified so that its records can be updated. Any
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Walters Conservation Easement draft p5/18/Di 10
new structures to be used primarily. to house farm tenants, employees or others engaged in
agricultural production on the Property, proposed for locations outside the area identified as
"Farm Support Housing" on Exhibit B, may be built only with the advance written permission
of the Grantee. The Grantee shall give such permission within a reasonable time, unless it
determines that the proposed building, structure or improvement would significantly diminish
or impair the conservation values of the Property -
(d) Single-Family Residential Dwellings -- Ail existing single-family residential
dwellings may be repaired, reasonably enlarged and replaced at their current locations, as
shown on Exhibit B, without further permission of the Grantee. No more than'.two (2) new
single-family residential dwellings, together with reasonable appurtenances such as garages and
sheds may be built on subdivided lots from the Property in the locations indicated on Exhibit
B, subject to all applicable zoning, subdivision and building code regulation. All appurtenant
structures shall be contained within a radius of 250 feet from the residence itself. At the time
construction of such dwellings is to commence, Grantee shall be notified so that its records can
be updated. It is understood that. Grantor may relinquish its rights to construct the new
residential dwellings referred to herein at any time.
(e) Recreational Improvements ~ All existing recreational improvements, built for
the exclusive use of the Grantor, his family, friends or employees, may be repaired, reasonably
enlarged or replaced at their current locations without further permission of the Grantee. New
recreational improvements may be built within the area identified and marked as "Farmstead
Area" on Exhibit B without the advance written permission of the Grantee. Any new
recreational improvements proposed for. locations outside the area identified and marked as
"Farmstead Area" on Exhibit B may be built only with the advance written permission of the
Grantee. The Grantee shall give such permission within a reasonable time, unless it
determines that the proposed building, structure or improvement would significantly diminish
or impaix the conservation values of the Property. However, under no circumstances shall golf
courses or ranges, airstrips or helicopter pads be constructed, placed or permitted to remain on
the Property.
(fj Utility Services and Septic Systems -- Installation, maintenance, repair,
replacement, removal and relocation of electric, gas, and water facilities, sewer lines and/or
other public or private utilities, including .telephone or other communication services over or
under the Property for the purpose of providing electrical, gas, water, sewer, or other utilities
to serve improvements permitted herein, and the right to grant Easements over and under the
Property for such purposes, is permitted. Maintenance, repair or improvement of a septic
system(s) or other underground sanitary system which exists on the Property at the time of this
Easement, or the construction of a septic or other underground sanitary system, for the benefit
of any of the improvements permitted herein, is permitted.
Walters Conservation Easement draft 05/18/01
8. Subdivision
The legal subdivision of the Property, recording of a subdivision plan, partition, or
any other division of the Property into two or more parcels, is prohibited without the advance
written permission of the Grantee, except as provided for in Paragraph 7(d) which pertains to
single family residential dwellings. This prohibition applies regardless of how many separately
described parcels are contained in the legal description attached as Exhibit A. The Grantee
shall not give such permission, unless the Grantee determines that the proposed subdivision
will not substantially diminish or impair the agricultural viability or conservation values of the
Property. It is understood that notice of this Easement will be recorded on any approved
subdivided, partitioned or otherwise divided parcels.
9. Conservation Practices
All farming operations shall be conducted in a manner consistent with a farm
conservation plan prepared by the U. S. Department of Agriculture, Natural Resources
Conservation Service, or its successor, or by another qualified conservation professional
approved by the Grantee. This plan shall be updated periodically, and in any event at the time
the basic type of agricultural operation on the Property changes or at the time ownership of the
Property changes. All farming operations shall be in accordance with all applicable federal,
state and local laws. Under no circumstances shall there be any increase in size or scope to
industrial or factory type livestock operations characterized by the continuous confinement of
livestock in confined environments for the purpose of raising, feeding and fattening for market,
nor shall any slaughtering facilities or hag operation be allowed.
The land application storage and placement on the Property of domestic septic effluent
and municipal, commercial or industrial sewage sludge or liquid generated from such sources
for agricultural purposes may be undertaken only if in accordance with all applicable federal,
state and local laws and regulations.
10. Forest Management
Trees may be removed, cut and otherwise managed to control insects and disease, to
prevent personal injury and property damage, for firewood and other uses, including
construction of permitted improvements and fences on the Property. Any other cutting,
removal or harvesting of trees may be undertaken only if a) the purpose is for clearing land for
cultivation ar use by livestock, and b) it occurs outside of a 100-foot buffer from both sides of
the unnamed stream that runs through the property and is identified on Exhibit B, and c) it is in
accordance with either the conservation plan referenced in Paragraph 9 herein or a forest
management plan prepared by a professional forester.
11. Mining
11
The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel or any other
mineral substance, using any method that disturbs the surface of the land, is prohibited without
Walters Conservation Easement draft p5/i8/Oi
the advance written permission of the Grantee. The Grantee shall not give such permission,
unless the Grantee determines that the proposed mining or extraction will not substantially
diminish or impair the conservation values of the Property. Notwithstanding, any other
provision of this Easement, not more than two (2) surface acres of the Property may be
disturbed by mining or other extractive activities as .may be reasonably necessary and
incidental to carrying out the improvements and agricultural uses permitted on the property by
this Easement. Such activities are permitted only to the extent they are consistent with Internal
Revenue Code Sections 170(h)(5) and (6) and Treasury Regulation Section 1.I 70A-14(8)(4)
and State law and Orange County zoning, erosion control and other applicable regulatians.
12. 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 Property by this
Easement are permitted. Other than the approved roads and barnyard areas indicated on
Exhibit B, no portion of the Property shall be paved or otherwise covered with concrete,
asphalt, or any other impervious paving material, without the advance written permission of
the Grantee. The Grantee shall not give such permission unless the Grantee determines that
the proposed paving, or covering of the soil, or the location of any such road, will not
substantially diminish or impair the conservation values of the Property.
13. Dumping and Trash
No trash, .refuse, vehicle bodies or parts, rubbish, debris, junk, waste, radioactive or
hazardous waste, shall be placed, stored, dumped, buried or permitted to remain an the
Property, except as reasonably requixed for the use of the Property for agricultural activities,
and except as in accordance with applicable local, state and federal laws and re8ulations.
Materials located in dump sites existing as of the date of this Easement, as indicated on Exhibit
B, may remain. The storage of agricultural products, byproducts and agricultural equipment
on the Property, so long as such storage is done in accordance with all applicable 8overnment
laws and regulations, is permitted.
14. Water Rights
Grantors shall retain and reserve the right to use any appurtenant water rights
sufficient to maintain the a8ricultural productivity of the Property. Grantors shall not transfer,
encumber, lease, sell or otherwise separate such water rights from title to the Property itself.
15. Ongoing Responsibilities of Grantors and Grantee
Other than as specified herein, this Easement is not intended to impose any legal or
other responsibility on the Grantee, or in any way to affect any existing obligation of the
Grantors as owners of the Property. Among other things, this shall apply to:
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Walters Conservation Easement draft 05/18/01
(a) Taxes -- The Grantors shall continue to be solely responsible for payment of all
taxes and assessments levied against the Property. If the Grantee is ever required to pay any
taxes or assessments on its interest in the Property, the Grantor will reimburse the Grantee for
the same.
(b) Upkeep and Maintenance -- The Grantors shall continue to be solely responsible
for the upkeep and maintenance of the Property, to the extent it may be required by law. The
Grantees shall have no obligation for the upkeep or maintenance of the Property.
(c) Liability and Indemnification -- Grantors agree to indemnify and hold Grantee
harmless from any and all costs, claims or liability, including but not limited to reasonable
attorneys' fees arising from any personal injury, accidents, negligence or damage relating to
the Property,. or any claim thereof, unless due to the negligence of Grantee or its agents, in
which case liability shall be apportioned accordingly. In addition, Grantors agree to maintain
liability insurance covering the Property with the limits as follows: ,
,and
and warrant that Grantee is and will remain a named insured on
Grantors' Property insurance policies covering the Property. Grantors shall provide Grantee
with a certificate of insurance coverage on the effective date of this Easement and within 10
days of each insurance renewal date.
16. Extinguishment of Development Rights
Except as otherwise reserved to the Grantors in this Easement, the parties agree that
all development rights appurtenant to the Property are hereby released, terminated and
extinguished, and may not be used on or transferred to any portion of the Property as it now or
hereafter may be bounded or described, or to any other property adjacent or otherwise, nor
used for the purpose of calculating permissible lot yield of the Property or any other property.
I7. Enforcement
With reasonable advance notice to the Grantors, the Grantee shall have the right to
enter the Property for the purpose of inspecting for compliance with the terms of this
Easement. The 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 ar 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 Property, the Grantee shall give the Grantors
written notice of the violation and 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
Grantors to restore the Property to its condition prior to the violation as restoration of the
property may be the only appropriate remedy. In any case where a court finds that a violation
has occurred, .the Grantors shall reimburse the Grantee for all its expenses incurred in stopping
and correcting the violation, including but not limited to reasonable attorneys' fees. The
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Walters Conservation Easement draft 05/1 S/01
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 fords no such violation has occurred,
each party shall bear its own casts.
1$. Transfer of Easement
'The Grantee shall have the ri8ht to transfer the Easement created by this Deed to any
public agency ox private nonprofit organization that, at the time of transfer, is a qualified
organization under Section 170(h) of the U.S. Internal Revenue Cade, as amended and under
NCGS .'121-34 et seq., provided the agency ar organization expressly agrees to assume the
responsibility imposed on the Grantee by this Deed. If the Grantee ever ceases to exist or no
longer qualifies under Sectian 170(h) of the U.S. Internal Revenue Code, or applicable state
law, a court with jurisdiction shall transfer this Easement to another qualified organization
having similar purposes that agrees to assume the responsibility imposed by this Easement.
19. Transfer of Property
The Grantors agree 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 interests,
including leasehold interests, in all or a portion of the Property. The Grantors shall notify the
Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof
or interest therein. Failure of Grantors to do so shall not impair the validity of this Easement
ar limit its enforceability in any way.
20. Amendment of Easement
This Easement may be amended only with the written consent of the Grantee and
the Grantors. Any such amendment shall be consistent with. the Statement of Purposes of this
Easement and with the Grantee's Easement amendment policies, and shall comply with Section
170(h) 'of the Internal Revenue Code or any regulations promulgated in accordance with that
Sectian. Any such amendment shall be duly recorded.
21. Procedure in the Event of Termination of Easement
If it determines that conditions on or surrounding the Property change so much that it
becomes impossible to fulfill the conservation purposes of this Easement, a court with
jurisdiction may, at the joint request of both the Grantors and the Grantee, ,terminate ar modify
the Easement created by this Deed in accordance with applicable state law. If the Easement is
terminated and the Property is sold then as required by Section 1.1 7DA-14(8)(6) of the IRS
regulations, the Grantee shall be entitled to a percentage of the gross sale proceeds equal to the
ratio of the appraised value of this Easement to the unrestricted fair market value of the
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 shall use
its proceeds consistently with the 8eneral conservation purposes of this Easement.
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Walters Conservation Easement draft Q5/18/01
All termination related expenses incurred by the Grantors and the Grantee shall be paid
out of any recovered proceeds prior to distribution of the net proceeds as described herein.
22. Procedure in the Event of Condemnation or Eminent Domain
If condemnation or a taking by eminent domain of a part of the Property or the entire
Property by a public authority renders it impossible to fulfill any of the conservation purposes
of this Easement, the Easement may be terminated or modified through condemnation
proceedings. If the Easement is terminated and the Property is sold or taken for public use,
then, as required by Section 1.170A-14(g)(6) of the IRS regulations, the Grantee shall be
entitled to a percentage of the gross sale proceeds or condemnation award equal to the ratio of
the appraised value of this Easement to the unrestricted fair market value of the Property, as
these values are determined on the date of this Easement, 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.
All termination-related or condemnation-related expenses incurred by the Grantors and
the Grantee shall be paid out of any recovered proceeds prior to distribution of the net
proceeds as described herein.
23. 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.
24. 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 Grantors 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.
25. Notices
Any notices required by this Deed shall be in writing and shall be personally delivered
or sent by fn-st class mail to the Grantors and the Grantee respectively at the following
addresses, unless a party has been notified in writing by the other of a change of address:
15
io
Walters Conservation Easement draft 05/18/01
To the Grantors:
Victor and Lucille Walters
7501 High Rock Road
Efland, NC27243-9226
To the Grantee:
County of Orange
PO Box 8181
Hillsborough,. NC 27278
IN WITNESS WHEREOF, the',Grantors and Grantee, intending to legally bind
themselves, have set their hands on the date first written above.
GRANTORS:
(Seal)
VICTOR CARL WALTERS, SR.
LUCTLLE B. WALTERS
Accepted:
(Seal)
GRANTEE:
COUNTY OF ORANGE, NORTH CAROLINA
By:
JOHN 1VI. LINK, JR., Orange County Manager
ATTEST:
By:
BEVERLY A. BLYTHE, Clerk to the
Board of Commissioners
16
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Walters Conservation Easement draft x5/18/01
Acknowledgments
NORTH CAROLINA
COUNTY OF ORANGE
I, , a Notary Public of Orange County, North Carolina do hereby
certify that and wife personally
appeared before me and acknowledged the due execution of the foregoing instrument.
Notary Public (SEAL)
My commission expires:
NORTH CAROLINA
COUNTY OF ORANGE
I, , a Notary Public of Orange County, North Carolina do hereby certify
that BEVERLY A. BLYTHE personally appeared before me this day and acknowledged that
she is Clerk to the Board of Commissioners for the County of Orange and that by authority
duly given and as act of the corporation the foregoing instrument was signed in its name by
John M, Link, Jr., the County Manager, and attested by her as Clerk to said Board of
Commissioners.
Witness my hand and official stamp or seal this the day of , 2001.
Notary Public
My commission expires:
(SEAL)
17
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Walters Conservation Easement draft 05/18/01
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
The Foregoing (or annexed) Certificate(s) of
Notary(ies) Public (is)(are) Certified to be correct.
This instrument was filed for Registration on the Day and Hour in the Book and Page shown in
the First page hereof.
7ayce H. Pearson, Register of Deeds
This instrument prepazed by and return to:
Geoffrey E. Cxledhill
Coleman, Gledhill and Hargrave
P.O. Drawer 1529
Hillsborough, NC 27278
1$
13
1~
Walters Conservation Easement
Conservation Easement
Parcels Boundary
i,~~__~ Pond
Approximate Location of Stream
Stream
N \
N~F,
s County of Orange
Environment & Resource
20~ 40~ Feet Coyservation Department
Ma 4, 2001
M Jones