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HomeMy WebLinkAboutAgenda 06-03-2025; 8-t - Resolution of Approval – Conservation Easement on Property owned by Jane Saiers and Darin Knapp (RambleRill Farms) 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 3, 2025 Action Agenda Item No. 8-t SUBJECT: Resolution of Approval — Conservation Easement on Property owned by Jane Saiers and Darin Knapp (RambleRill Farms) DEPARTMENT: Environment, Agriculture, Parks and Recreation (DEAPR) ATTACHMENT(S): INFORMATION CONTACT: 1. Resolution of Approval David Stancil, 245-2510 2. Location Map Christian Hirni, 245-2514 3. Site Map 4. Draft Conservation Easement PURPOSE: To adopt a resolution approving the purchase of and acceptance by Orange County of a conservation easement on property owned by Jane Saiers and Darin Knapp (RambleRill Farms). 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 3,004 acres of significant natural areas and prime farmland with permanent conservation easements, leveraging well over $3 million in outside funding and grants toward these easements. Over the past several years, DEAPR has worked with Jane Saiers and Darin Knapp, the owners and managers of RambleRill Farms, an organic farm operation and joint farmers market endeavor located on Arthur Minnis Road in the Chapel Hill Township. The farm property has almost 1,700 linear feet of stream along two (2) unnamed tributaries that drain directly into upper New Hope Creek, as well as 350 feet of direct New Hope Creek stream frontage. New Hope Creek is part of the Jordan Lake Watershed, which is a significant portion of the water supplies for the cities of Durham and Raleigh, among others. The property also directly abuts the "Wilson Tract" held in easement by the Triangle Land Conservancy (TLC), which comprises nearly 200 acres. Adding this easement to the adjacent TLC easement would enhance protection of this vital conservation corridor and add 28 contiguous acres of protected land to the New Hope Creek Corridor. The landowners intend to grant a permanent conservation easement that will restrict future development to protect prime farm soils, open space and streams. All other non-agricultural and development rights will be extinguished through the conservation easement. 2 The planned conservation easement areas are depicted on the attached site map. The draft deed of conservation easement and survey are also provided. FINANCIAL IMPACT: The appraised value of the conservation easement is $411,000, which was determined by an appraisal by Kirkland Appraisals, LLC. The purchase price for the conservation easement is $411,000, the full appraised value. Additional costs, including closing and transactional costs, bring the estimated total at closing to $427,500. Staff worked with the landowners to identify the following budget: Orange County (Lands Legacy) $ 222,000 RambleRill Farms (Owner Donation) $ 205,500 $427,500 (acquisition + transaction) Funds for the easement purchase would come from Orange County ($205,500 purchase price plus $16,500 for survey, legal and closing costs), and a donation from the landowners for half of the appraised value ($205,500 purchase price). The County's share of funds ($222,000) would come from existing funds budgeted and approved for the Lands Legacy program (Conservation Easement Fund). The RambleRill Farms 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 $1.029 million remains available in the Lands Legacy Conservation Easement account. This amount does not include funds already appropriated for approved projects or pending closing. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION OBJECTIVE 6. Protect water supply/watersheds. OBJECTIVE 7. Conserve and protect high priority open space, including Natural Heritage sites, nature preserves, watershed riparian buffers, and prime/threatened farmland. RECOMMENDATION(S): The Manager recommends that the Board adopt and authorize the Chair to sign the resolution approving the acceptance by Orange County of the conservation easement; and authorize the Chair and the Clerk to sign the conservation easement agreement, subject to final review by staff and County Attorney, with a closing and recordation of the document expected to occur between July and September 2025. RES-2025-029 Attachment 1 3 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION Approval of Conservation Easement between Orange County and Jane Saiers and Darin Knapp 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 RambleRill Farms property includes approximately 28 acres in the Jordan Lake watershed, consisting of a majority of prime agricultural soils, and includes 1,700 linear feet of tributaries that drain to the New Hope River — a drinking water supply reservoir for the City of Durham and City of Raleigh; and WHEREAS, Jane Saiers and Darin Knapp, the owners and managers of the RambleRill Farms property, wish to grant permanent conservation easement to Orange County, which will protect the prime open space and riparian corridors that exist on the property; and WHEREAS, conservation easement on this approximately 28 acres would ensure the preservation of this open space 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 Jane Saiers and Darin Knapp as shown in the attached easement document; 2) approve the execution of this conservation easement agreement with Jane Saiers and Darin Knapp 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 agreements on behalf of the Board, with a closing to occur on or about August 30, 2025; and 4) authorize County staff to sign any and all closing documents upon consultation with the County Attorney. This the 3rd day of June 2025. Jamezetta Bedford, Chair Orange County Board of Commissioners Laura Jensen, Clerk to the Board RambleRill Farm Easement- Context Map 4 m TREE FARM RD o T o WOODRIDGE CN Z 70 CARRIAGE RD O\j 0 O �O. <<� cOF � p O w N STARFIELD CIR p tGG C) a COQ BORLAND RD GSA 6`s� Z W OLLx O O O C9 PEPPER PL' o z O yQQ cn` GPS X �J5 o ARTHUR MINNIS RD 1 •► INN 1 � O � Q- :D OU - oRo Duke Forest OP\�I�AN SPRINGVISTACT OZ Z ID ZD 00 U Z ,9�ecc LUCyLN o n RT QO EUggNKS RD S Tract Information: 0 1,050 2,100 4,200 6,300 8,400 Feet Legend Landowner: RambleRill Farm ORANGE COUNTY Tract Boundary Lat: 35' 59.86" Roads Long: 79'07.58" Date: 05/22/2024 4 Streams Image: 2021 Aerial Photo County Open Space Created By: Christian Hirni 0 Open Space-Other Acres: 28 ® County Held Easement Department of Environment, ® Conservation Easements-Other Agriculture,Parks&Recreation RambleRill Farm Easement- Aerial Map(Farmsteads) 5 7 / 7 qq 1 '.III 4 P, Farmstead Area f Residential . _ Area " `! f Farmstead Area 2 r; S; Tract Information: 0 70 140 280 azo 560 Feet Legend Landowner: RambleRill Farm ORANGE COUNTY Farmstead Areas Lat: 35' 59.86" Q Tract Boundary Long: 79'07.58" Date: 05/14/2021 4 Roads Image: 2017 Aerial Photo Streams Created By: Christian Hirni ® Conservation Easements-Other Acres: 28 � Tax Parcels Farmstead Area: 1-3.92 Department of Environment, Residential Area- 2 1- 1.87 Agriculture,Parks&Recreation 6 DRAFT Attachment 4 This instrument prepared by and return to: John Roberts,Orange County Attorney, P.O.Box 8181,Hillsborough,NC 27278 STATE OF NORTH CAROLINA COUNTY OF ORANGE WARRANTY DEED OF AGRICULTURAL CONSERVATION EASEMENT This Deed of Agricultural Conservation Easement("Conservation Easement") is granted on this_day of , 2025, by RambleRill Properties, LLC, having an address of 5407 Spring House Lane, Chapel Hill,NC 27516 (referred to as "Grantors"), to ORANGE COUNTY,NORTH CAROLINA, having an address of Post Office Box 8181, Hillsborough,NC 27278 (referred to as "Grantee"). WHEREAS: Grantors are the sole owners in fee simple, of certain farm Property (the "Property"), which consists of approximately 28 acres of land, located in Chapel Hill Township, Orange County,North Carolina and identified on the plat of property titled"Conservation Easement Plat, Property of Jane Saiers and Darin Knapp"prepared by Freehold Land Surveys, Inc., which plat is recorded at Plat Book , Page , Orange County Registry (hereafter referred to as "the recorded plat") PINs #: 9861279688 and 9861287047). The Property includes buildings and other improvements, which are shown on Exhibit A, 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" or"statewide important" soils by the Natural Resources Conservation Service, United States Department of Agriculture, (also referred to as "NRCS" or"the United States.") It is the primary purpose of this Conservation Easement to protect the agricultural soils and agricultural viability and productivity of the Property. The Property also includes outstanding woodland and riparian habitats for a variety of wildlife species of importance to the Grantors,the people of Orange County and the people of North Carolina. New Hope Creek, a source of drinking water for residents of Durham and Wake Counties, and two unnamed tributaries to New Hope Creek run through the forested area on the property. Furthermore, the Property contains outstanding scenic qualities that can be enjoyed by Page 1 of 21 7 the general public, namely, the views along Arthur Minnis Road(State Road 1115) southwest of Hillsborough. It is a secondary purpose of this Conservation Easement to protect these natural, wildlife habitat, and scenic resources. The agricultural resources of the Grantors' Property, and its contribution to the protection of the public drinking water supply and the natural and scenic resources of the area, and the rural character of the area, 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 Baseline Report prepared by the Grantee with the cooperation of the Grantors, and acknowledged by both parties to be accurate as of the date of this Conservation 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 Conservation 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, and said report will remain on file at the office of the Orange County Environment and Resource Conservation Department. The Grantors and Grantee agree that the current agricultural use of, and improvements to, the Property are consistent with the conservation purposes of this Conservation Easement. The Grantors intend that the conservation values of the Property be preserved and maintained, and further, Grantors intend to convey to Grantee the right to preserve and protect the agricultural and other conservation values of the Property in perpetuity. The conservation purposes of this Conservation Easement are recognized by, and the grant of this Conservation Easement will serve, the following clearly delineated governmental conservation policies: (1)North Carolina General Statute 139-2 et seq., which provides that"it is hereby declared ...that the farm, forest and grazing lands of the State of North Carolina are among the basic assets of the State and the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people... it is hereby declared to be the policy of the legislature to provide for the conservation of the soil and resources of this State;" (2)North Carolina General Statute 106-583 et seq.,which states that"It is declared to be the policy of the State of North Carolina to promote the efficient production and utilization of the products of the soil as essential to the health and welfare of our people and to promote a sound and prosperous agriculture and rural life as indispensable to the maintenance of maximum prosperity;" (3) The Uniform North Carolina Conservation and Historic Preservation Agreements Act, North Carolina General Statute 121-34 et seq., which provides that conservation agreements are "interests in land"that may be effective "perpetually;"which provides 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 Page 2 of 21 8 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 North Carolina Conservation Tax Credit Program,North Carolina General Statute 105-130.34 and 105-151.12 et seq., which provides for state income tax credits for donations of land that are useful for fish and wildlife conservation and other similar land conservation purposes; [Include if there is donation or partial donation involved] (4) The establishment of the North Carolina Agricultural Development and Farmland Preservation Trust Fund established in 1986 (N.C.G.S. 106-744(c) as amended)to preserve important farmland in North Carolina; (5) The special use value assessment of farm and forestland as set forth in North Carolina General Statute 105-277.2 et seq.; and (6) The zoning of the Property by Orange County as Rural Buffer. Grantors and Grantee have the common purpose of protecting the above-described conservation values and current condition of the Property and preventing conversion of the Property to nonagricultural uses and Grantors agree to create and implement a conservation plan (hereinafter the "Conservation Plan") that is developed utilizing the standards and specification of the NRCS field office technical guide and 7 CFR part 12, or equivalent standard, and is approved by the Orange County Soil and Water Conservation District; The Grantee is a body politic existing under Chapter 153A of the North Carolina General Statutes, and is qualified to hold Conservation Easements under the applicable laws of the State of North Carolina; NOW, THEREFORE, for the reasons given and other good and valuable consideration and in consideration of the mutual covenants, terms, conditions and restrictions contained herein, the Grantors hereby grant and convey unto Grantee a Conservation Easement, of the nature and character and to the extent hereinafter set forth, in respect to the Property; The terms, conditions and restrictions of the Conservation Easement are as hereinafter set forth: 1. Grant of Agricultural Conservation Easement; Extinguishment of Development Rights Grantors hereby voluntarily grant and convey to the Grantee, and the Grantee hereby voluntarily accepts, a perpetual Agricultural Conservation Easement in the Property, which easement is an immediately vested interest in real property the nature and character 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. Page 3 of 21 9 Grantors hereby voluntarily grant and convey to the Grantee all development rights for the Property, except as otherwise reserved and provided by the terms of this Conservation Easement, that are now or hereafter inherent in the Property. The parties agree that such development rights are terminated and extinguished, and may not be used on or transmitted to any portion of the 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 Property or any other property. 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. Except as specifically permitted herein,no activity that would 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 Conservation Easement are consistent with the primary purposes stated above, it is within the purpose of this Conservation Easement to also protect those values, and no activity that would significantly impair those values shall be permitted. As authorized in the Uniform Conservation and Historic Preservation Act,N.C. Gen. Stat. § 121-34 et seq., this Conservation Easement is perpetual; It restricts the Grantors' property in perpetuity; and it is enforceable by Grantee against the Grantors, their representatives, heirs, successors and assigns, lessees, agents, and licensees. 3. Rights and Responsibilities Retained by Grantors Notwithstanding any provisions of this Conservation 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,provided such transaction is subject to the terms of this Conservation Easement and written notice is provided to Grantee, together with any rights not specifically prohibited by or limited by this Conservation Easement, and consistent with this Conservation Easement. Unless otherwise specified below, nothing in this Conservation Easement shall require Grantors to take any action to restore the condition of the Property after any natural disaster or other event over which they had no control. Grantors understand that nothing in this Deed of Conservation Easement 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. Subject to the terms of this Conservation Easement, farming, grazing, horticultural and animal husbandry operations are permitted only if conducted consistent with Best Management Page 4 of 21 10 Practices promulgated by the State of North Carolina or equivalent standard and in conformity with a Conservation Plan as required in Paragraph 9 of this Conservation Easement. Cattle and other livestock are allowed to exist and to graze on the Property, except within a 100-foot stream buffer, 50 feet on either side of the stream as measured from the center of the stream to the top of bank and perpendicular to the stream—the locations of which are identified and marked on Exhibit A, attached hereto and incorporated herein. Exhibit A is a copy of a GIS rendering of the Property, the original of which will be maintained with the Baseline Report at the office of the Orange County Environment and Resource Conservation Department. If applicable:Fencing intended to keep cattle and other livestock out of the 100-foot stream buffer shall be installed no later than six months after the signing of this Conservation Easement. Livestock are permitted, but under no circumstances shall there be such use of a size or scope as to constitute an industrial or factory-type agricultural or livestock operation, intensive livestock operations, or animal husbandry characterized by the continuous confinement of livestock in tightly confined environments for the purposes of raising, feeding, and fattening for market. Terrestrial crops must be produced with plant roots in living soil, or in living soil mixed or fertilized with materials and products allowed in organic production, in connection with the subsoil and bedrock. Aquatic plants, such as water cress which naturally grow in water, are excluded from this requirement. Mushrooms, which are not plants and therefore do not depend on minerals from soil, are excluded from this requirement. All forms of hydroponic crop production, which is a generic class of soil-less production whereby terrestrial plants are grown with their roots in a nutrient solution only or in an inert medium to which a nutrient solution is added, are prohibited. Aquatic plants are excluded from this prohibition. Growing annual or perennial seedlings or transplants in container vessels for further transplanting into soil is permitted. There shall be no use of synthetic pesticides or biocides, including but not limited to insecticides, fungicides, rodenticides, and herbicides on the Property. The use of natural pesticides is permitted only as a last resort after cultural, physical, and biological pest management measures have been exhausted(in adherence with principles of Integrated Pest Management). 5. Right to Privacy Grantors retain the right to privacy and the right to exclude any member of the public from trespassing on the Property. This Conservation Easement does not create any rights of the public in, on or to the Property. 6. Right to Use the Property for Customary Rural Enterprises Grantors retain the right to use the portion of the Property within the "Farmstead Areas" (which contains approximately 1.878 acres in Farmstead Area 1, and 2.965 acres in Farmstead Area 2) as identified on Exhibit A, and more particularly described in the Baseline Report, for Page 5 of 21 11 otherwise lawful and customary rural enterprises, such as, but not limited to, farm machinery repair, sawmill, firewood distribution, composting for on-farm applications, bed and breakfast, farm store, community/public gatherings, and educational programs 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, 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. Conducting customary rural enterprises on any other part of the Property is not permitted without the advance written permission of Grantee in each instance. Grantee shall not give such permission unless Grantee determines that the proposed use will not diminish or impair the conservation values of the Property. Grantors also retain the right to use any portion of the Property for educational programs, recreational activities, and entertainment of members of the general public (agritourism) 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. Examples include but are not limited to farming, camping, harvest-your-own activities, and hiking. Grantors reserve the right to manage vegetation for the following activities: (1)boundary marking, fencing, and signage, (2)prescribed burning, and(3)removal of damaged trees and debris caused by storms, fire, or other casualty,which pose a threat to life or 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 (f)below. Any construction or reconstruction not permitted below, or not previously approved by Grantee, is prohibited. Before undertaking any construction or reconstruction that requires advance permission, the Grantors shall notify 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 Orange County under its laws and ordinances for such construction activities. (a) Fences -- Existing fences may be repaired and replaced, and new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife or to fence off the perimeter of the Property without any further permission of Grantee. (b) Structures &Improvements— Structures, improvements, roads as described in Paragraph 12, and other impervious surfaces located on the Property, shall not exceed 2 percent of the total area of the Property, with allowances for existing structure and improvements. Grantors reserve the right to install on the Property minor unroofed or temporary roofed structures necessary or appropriate to permitted agriculture and agritourism provided that these structures are designed and located in a manner that does not detract from the substantially unbuilt character of the protected Property. Examples include gates, barriers, livestock enclosures, kiosks,yurts, tents, and high tunnels. Grantors reserve the right to install a pervious parking area on the Property. Page 6 of 21 12 Existing structures, including existing agricultural structures and existing improvements, may be repaired, reasonably enlarged and replaced at their current locations within the "Farmstead Areas," as shown on Exhibit A, without further permission from Grantee. New buildings, including 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 Property)may be built on the Property without any further permission of Grantee provided they are located in the "Farmstead Areas." Structures, improvements and other impervious surfaces located in the "Farmstead Areas," including those existing on the date of this Conservation Easement, shall not exceed 10 percent of the total area of the "Farmstead Areas" or result in exceeding the 2 percent total impervious limit on the Property. Impervious surface shall be defined as any material which covers land and inhibits the percolation of water directly into the soil, including,but not limited to,buildings, roofing, the area covered by permanent or nonpermanent structures, macadam and pavement, concrete,paved and stone driveways, roads, and parking areas, including both existing and proposed structures which are either permanent or temporary. Rock, gravel, and other such small stone products that allow for percolation of water into the soil are not considered to be impervious surfaces and therefore are not considered under the impervious surface limits under the definition of such within this easement. Any new buildings, structures or improvements proposed for locations outside the "Farmstead Areas" shall be for agricultural purposes, including agritourism, only and may be built only with the advance written permission of the Grantee. The Grantee shall give such permission within a reasonable time if it determines that the proposed building, structure or improvement would not diminish or impair the conservation values of the Property or otherwise be inconsistent with this Conservation Easement. No residential dwelling may be located on the Property except for that which is authorized in Paragraphs 7(c) and 7(d) of this Conservation Easement. (c) Single-Family Residential Dwellings—One residential dwelling exists on the Property within the defined"Residential Area", and a second building (the barn) located in the "Farmstead Areas",which may be modified to be a residential dwelling. No other residential dwelling may be built on the Property. All appurtenant structures, such as garage and sheds, shall be contained within the "Farmstead Areas." (d) Farm Support Housing and Farm Visitor Housing—Grantors reserve the right to house tenants, farm employees or others engaged in agricultural production on the Property in the residential dwelling or the second building referenced in Paragraph 7. Grantors reserve the right to use these buildings to support agritourism/farm visitors (e.g.,bed and breakfast). (e) Recreational Improvements- Grantors expressly reserve the right to engage in low impact, non-developed recreational and agritourism activities requiring no surface alteration, of the land and posing no threat to the conservation values set herein such as hunting, fishing, hiking and bird watching, and to control access of all persons for these purposes; except as permitted below, with written permission of the Grantee and provided that these activities do not impact the protection and conservation of any animal habitat or other conservation values of the Page 7 of 21 13 Property. Under no circumstances shall golf courses, golf ranges, airstrips or helicopter pads be constructed, placed or permitted to remain on the Property. Grantor reserves the right, with written permission of the Grantee, to allow public access and use of the Property for the purpose of creating open space with associated passive recreational activities requiring minimal surface alteration of the land, so long as related alterations, construction, improvements, maintenance, activities, and uses pose no threat to the Conservation Values. By way of illustration, such passive recreational uses may include non-commercial hunting,non-commercial fishing, hiking, walking, scientific study, animal/plant observation, nature and environmental education, historic tours,photography, and any other purposes consistent with these accepted uses and the maintenance of the Conservation Values, subject to all applicable federal, state, and local laws and regulations. All improvements shall be subject to the terms and conditions set forth herein. Usage of motorized vehicles in the Easement Area is prohibited, except as they are used on allowed roads, trails, or paths, exclusively for management, maintenance, or stewardship purposes. Grantors reserve the right, with written permission of the Grantee,to construct natural surface trails on the Property for the purpose of hiking and walking provided that they are located and designed in a manner to prevent soil erosion and prevent damage to plant communities and wildlife habitat. All trail construction must follow best practices for sustainable trail design and construction. When required by the terrain, natural surface trails may include boardwalks, ramps, and handrails to the extent necessary. Grantors may also construct and maintain park benches, litter receptacles, and trail/feature signs along natural surface trails. All necessary care shall be taken to construct and maintain such features and natural surface trails in a manner so as not to impair any Conservation Values either during or after construction. Grantors reserve the right to maintain existing unpaved roads and trails on the Property. These roads and trails shall not be paved or covered with asphalt,but gravel and permanent vegetation may be used to stabilize them. Associated ditches, culverts, and bridges may be maintained and replaced as necessary as maintenance of the road or trail. All necessary care shall be taken to maintain existing roads and trails in a manner so as not to impair any Conservation Values. Grantors reserve the right, with written permission of the Grantee, to construct and maintain bridges or other stream crossings up to 8 feet wide across streams on the Property,provided such crossings are connected to trails permitted herein, constructed in a way as to maximize water quality protection, and permitted by all applicable regulatory authorities. The number and width of stream crossings must be minimized. (f) 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 on the Property permitted herein, and the right to grant easements over and under the Property for such purposes, is permitted. Grantors shall not permit or grant easements for utility transmission or distribution facilities or systems without the written consent of the parties Grantee. Maintenance, repair or improvement of a septic system(s) or other underground sanitary system that exists on the Property at the time of this Conservation Easement, or the construction of a septic or other underground sanitary system, for the benefit of any of the Page 8 of 21 14 improvements permitted herein, is permitted. Grantors reserve the right to dig new wells. Grantors reserve the right to install, repair, and replace irrigation lines supplying agricultural operations. Grantors may construct, install, operate, maintain, repair, and replace facilities that generate energy without depleting its source, such as solar, wind, geothermal, and movement of water(collectively, "Renewable Energy Projects"),provided that they are located and designed in a manner to prevent soil erosion and prevent damage to plant communities and wildlife habitat and in a manner that does not detract from the substantially unbuilt character of the protected Property. 8. Subdivision The Property comprises two parcels. The subdivision of the Property, including its partition, is prohibited. This prohibition applies regardless of how many separately described parcels are contained in Property. Further, both parcels must maintain the same ownership. 9. Conservation Practices All farming operations shall be in accordance with Best Management Practices of the State of North Carolina and applicable federal, state, and local laws under a"Conservation Plan" a copy of which shall be provided to Grantee. The Conservation Plan shall be developed using the standards and specifications of the Natural Resource Conservation Service (MRCS) Field Office Technical Guide and 7 CFR Part 12 or equivalent standards developed by the appropriate federal, state or local conservation entity if these standards are no longer the standards used by the industry. The Grantor may develop and implement a Conservation Plan that proposes a higher level of conservation and that is consistent with the NRCS Field Office Technical Guide standards and specifications or other such standards and specifications as developed by the appropriate governmental authority. The Conservation Plan shall be designed to protect soil stability, water quality and other conservation values of the Property on all agricultural lands. This Conservation Plan shall be reviewed and updated periodically In the event of noncompliance with the Conservation Plan, Orange County shall work with Grantors to explore methods of compliance and give Grantors a reasonable amount of time, not to exceed twelve months, to take corrective action. If Grantors do not comply with the Conservation Plan, Orange County will inform the Grantors' of non-compliance. Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action)to secure compliance with the Conservation Plan following written notification from Orange County staff that(a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) Orange County staff has worked with Grantors to correct such noncompliance, and (c) Grantors have exhausted their appeal rights under applicable NRCS regulations. 10. Forest Management Page 9 of 21 15 Trees may be removed, cut and otherwise managed only to control insects and disease, to prevent personal injury and property damage, to remove non-native invasive species, for firewood and other non-commercial uses, including construction of permitted improvements and fences on the Property, and for substrates for cultivating food(e.g., shiitake mushrooms, hiigelkultur-grown crops) so long as done in accordance with the Conservation Plan referenced in Paragraph 9 of this Conservation Easement and in accordance with a forest stewardship plan prepared by a licensed forester with stewardship expertise that is consistent with the above referenced Conservation Plan and that is approved by Grantee, which approval shall not be unreasonably withheld. Trees may be planted, harvested and removed within the area identified and marked as "Farmstead Area" on Exhibit A without the advance written permission of the Grantee, so long as done in accordance with the Conservation Plan and forest management plan referred to in this Paragraph 10. Woodland-based cultivation and harvesting ("forest gardening")to support the agricultural operation is permitted on the Property, including in the Forest Area mapped in Exhibit A. Examples include but are not limited to planting woodland medicinals (e.g., ginseng) and edibles (e.g., leeks) and cultivating mushrooms on logs. 11. Mining There shall be no filling, excavation, dredging, mining or drilling,removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the land in any manner except as necessary for the purpose of combating erosion or flooding in accordance with the Conservation Plan and as reasonably necessary for any maintenance, construction or reconstruction on the Property permitted herein. Disturbed areas for the purpose of removing soil, gravel, rock, peat,minerals or other materials necessary for permitted customary agricultural uses on the Property will be limited to one (1) acre in total surface area and will be restored as soon as practicable after the disturbance. Grantors reserve the right to bury dead livestock on the Property provided that disturbed areas are restored as soon as practicable after the disturbance. Under no circumstances is the drilling for or exploration for hydrocarbons permitted in, on or to the Property. 12. Road Construction Construction and maintenance of farm roads that may be reasonably necessary and incidental to carrying out the improvements and uses permitted on the Property by this Conservation Easement are permitted. Other than the existing entrance driveways within the Farmstead Area, as indicated on Exhibit A, no roads constructed on the Property shall be paved or otherwise covered with concrete, asphalt, or any other impervious material, without the advance written permission of Grantee. Grantee shall not give such permission unless Grantee determines that the proposed paving, or covering of the soil, or the location of any such road, will not diminish or impair the conservation values of the Property. Any such road covered by any impervious material, is subject to impervious surface requirements in Paragraph 7. Rock, gravel, and other such small stone products that allow for percolation of water into the soil are Page 10 of 21 16 not considered to be impervious surfaces and therefore are not considered under the impervious surface limits under the definition of such within this easement. 13. 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, or any placement of underground or above ground storage tanks or other materials is prohibited. Provided, however, that the storage of agricultural products,byproducts (including the composting of biodegradable material for on-farm use) and agricultural equipment used on the Property is allowable, 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 Property. The land application, storage and placement on the Property of domestic septic effluent and municipal sewage sludge or liquid generated from such sources for agricultural purposes or otherwise are prohibited. 14. Water Rights Grantors shall retain and reserve the right, consistent with federal, State and local laws and regulations, to use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property. Grantors shall not transfer, encumber, lease, sell or otherwise separate such water rights from title to the Property itself. 15. Natural Resource Restoration and Enhancement Activities Notwithstanding any terms contained within this Conservation Easement, Grantors 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 Property, that are consistent with the conservation values of this Conservation Easement and subject to the written approval of Grantee and NRCS. 16. Signs No new signs shall be permitted on the Property except interpretive signs describing activities permitted on the Property, conservation values of the Property, and features of the Property; signs identifying the owner of the Property and the holder of the Conservation Easement; and signs giving directions or proscribing rules and regulations for the use of the Property. Grantors may place trail/feature signs along natural surface trails. All signs permitted on the Property shall conform to applicable Orange County zoning, subdivision and building code regulations. 17. Ongoing Responsibilities of Grantors and Grantee Page 11 of 21 17 Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on 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: (a) Taxes—The Grantors shall continue to be solely responsible for payment of all taxes and assessments levied against the Property. If Grantee is ever required to pay any taxes or assessments on its interest in the Property, the Grantor will reimburse Grantee for the same. (b) Upkeep and Maintenance—The Grantors retain all responsibilities and shall bear all costs and liability of any kind related to the ownership, operation, and upkeep and maintenance of the Property, including the maintenance of adequate liability insurance coverage. Grantee shall have no obligation for the upkeep or maintenance of the Property. Grantors will remain responsible for upkeep,maintenance, and repairs to any impoundments located on 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 agents of Grantee, in which case liability shall be as provided by law. In addition, Grantors agree to maintain liability insurance covering the Property with the limits as follows: (i) $300,000 per person for personal injury or death, $300,000 per occurrence, and(ii) $300,000 per occurrence for property damage; and warrant that Grantee is and will remain a named insured on Grantors' insurance policies covering the Property. Grantors shall provide Grantee with a certificate of insurance coverage on the effective date of this Conservation Easement and within 10 days of each insurance renewal date. 18. Enforcement With reasonable advance notice to the Grantors or with the Grantors' prior verbal consent, Grantee shall have the right to enter the Property for the purpose of inspecting for compliance with the terms of this Conservation Easement. Grantee shall have the right to prevent violations and remedy violations of the terms of this Conservation Easement through judicial action, which shall include, without limitation, the right to bring proceedings in law or in equity against any party or parties attempting to violate the terms of this Conservation Easement. Except when an ongoing, or imminent violation could irreversibly diminish or impair the conservation values of the Property, Grantee shall give the Grantors written notice of the violation and thirty(30) days to cure the violation,before commencing any legal proceedings. Grantee may obtain an injunction to stop a violation or a threatened 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 Grantee for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time for that violation or any subsequent violations. In any case where a court finds no Page 12 of 21 18 such violation has occurred, each parry shall bear its own costs. In any case where the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party, the court may award a reasonable attorney's fee to the prevailing party as provided by law. 20. Transfer of Conservation Easement Grantee shall have the right to transfer the Conservation Easement created by this Deed to any public agency or private nonprofit organization that, at the time of transfer, is a qualified organization under Section 170(h) of the U.S. Internal Revenue Code, as amended and under NCGS 121-34 et seq.,provided the agency or organization expressly agrees to assume the responsibility imposed on Grantee by this Deed. If Grantee ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. 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 this Conservation Easement. 21. Transfer of Property The Grantors agree to incorporate by reference the terms of this Conservation 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. Grantors shall notify Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or interest therein. Failure of Grantors to incorporate by reference the terms of this Conservation Easement in an instrument or transfer or conveyance or to notify Grantee of a transfer or conveyance shall not impair the validity of this Conservation Easement or limit its enforceability in any way. 22. Amendment of Conservation Easement This Conservation Easement may be amended only with the written consent of Grantee and the Grantors. Any such amendment shall be consistent with the Statement of Purposes of this Conservation Easement and with Grantee's Conservation Easement amendment policies, and shall comply with Section 170(h) of the Internal Revenue Code or any regulations promulgated in accordance with that section. Any such amendment shall be duly recorded. 23. Procedure in the Event of Termination of Conservation 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 Conservation Easement, a court with jurisdiction may, at the joint request of both the Grantors and the Grantee, terminate or modify the Conservation Easement created by this Deed in accordance with applicable State law. If the Conservation Easement is terminated and the Property is sold then as required by Section 1.1 70A-14(g)(6) of the IRS regulations, Grantee shall be entitled to One Hundred percent(100 %) of the net sale proceeds (equal to the ratio of the appraised value of this Conservation Easement to the unrestricted fair market value of the Property, as these values are determined on Page 13 of 21 19 the date of this Conservation Easement), subject to any applicable law which expressly provides for a different disposition of the proceeds. All termination related expenses incurred by the Grantors and Grantee shall be paid out of any recovered proceeds prior to distribution of the net proceeds as described herein. 24. Procedure in the Event of Condemnation or Eminent Domain Grantors and Grantee recognize that the partial sale of this Conservation Easement gives rise to a property right, immediately vested in Grantee, with a fair market value equal to the proportionate value that the Conservation Easement bears to the value of the Property prior to the restrictions imposed by the Conservation Easement. Accordingly, if any condemnation or eminent domain action shall be taken, on all or part of the Property,by any authorized authority, said authority shall be liable to Grantee for the value of the property right vested in Grantee at the time of the signing of this Conservation Easement. 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 Conservation Easement on all or part of the Property, the Conservation Easement may be terminated or modified accordingly through condemnation proceedings. Grantors and Grantee agree that the Conservation Easement is a currently vested real property right with a value equal to the proportionate value the Conservation Easement has to the unencumbered value of the fee, as of the date of this grant. If the Conservation Easement is terminated or modified and any or all of the Property is sold or taken for public use, then, as required by Section 1.170A-14(g)(6) of the IRS regulations, Grantee shall be entitled to the proportionate value of the Conservation Easement, which has been predetermined at fifty percent (50%) of the Property's unrestricted value, subject to any applicable law which expressly requires for a different disposition of the proceeds. If, however, after the condemnation or eminent domain proceedings, a court of jurisdiction does not include, in the just compensation awarded as a result of the taking, the amount of the Conservation Easement value, then the Grantors shall not be responsible to share any proceeds awarded. All condemnation-related expenses incurred by the Grantors and Grantee shall be paid out of any recovered proceeds prior to distribution of the net proceeds as described herein. 25. Interpretation This Conservation Easement shall be interpreted under the laws of the State of North Carolina and the laws of the United States, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. 26. Perpetual Duration; Severability Page 14 of 21 20 The Conservation 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 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 Conservation Easement, or any part thereof by court order or judgment shall in no way, affect the validity of any of the other provisions hereof which shall remain in full force and effect. 27. Merger The Parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Property. 28. Notices Any notices required by this Deed shall be in writing and shall be personally delivered or sent by first class mail to the Grantors and Grantee respectively at the following addresses, unless a party has been notified in writing by the other of a change of address: To the Grantors: To the Grantee: Jane Saiers and Darin Knapp Orange County DEAPR 5407 Spring House Lane PO Box 8181 Chapel Hill,NC 27516 Hillsborough,NC 27278 29. Grantors' Title Warranty The Grantors warrant that they hold fee simple title to the Property, free from all encumbrances, except for those exceptions deemed by the Grantee as acceptable and set further in Exhibit B to this Conservation Easement, and hereby promise to defend the same against all claims that may be made against it. 30. Subsequent Liens on Property No provisions of this Conservation Easement should be construed as impairing the ability of Grantors to use the Property as collateral for subsequent borrowing. Any such liens shall be and remain subordinate to this Conservation Easement. 31. Subsequent Easements/Restrictions on the Property The grant of any easements or use restrictions that might diminish or impair the agricultural viability or productivity of the Property or otherwise diminish or impair the conservation values of the Property is prohibited. Any such easements or restrictions shall be subordinated to this Conservation Easement. 32. Grantors'Environmental Warranty Page 15 of 21 21 "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, infectious materials and any other element, compound,mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantors warrant that they are in compliance with and shall remain in compliance with, all applicable Environmental Laws. Grantors warrant that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non- compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Grantors warrant that they have no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property exceeding regulatory limits. Moreover, Grantors hereby promise to indemnify and hold harmless the Grantee against all costs, claims, demands, penalties and damages, including reasonable attorney fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at,beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Property. Grantors' indemnification obligation shall not be affected by any authorizations provided by Grantee to Grantors with respect to the Property or any restoration activities carried out by Grantee at the Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed by Grantee to the Property after the date of this Deed of Conservation Easement. 33. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, and understandings or agreements relating to the said easement. 34. Recording Clause Grantee shall record this instrument and any amendment hereto in timely fashion with the Office of the Register of Deeds of Orange County,North Carolina, and may re-record it at any time as may be required to preserve its rights under this Conservation Easement. Page 16 of 21 22 TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantee, its successors and assigns, forever. [The remainder of this page is intentionally left blank. Signature page follows.] Page 17 of 21 23 IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTORS: Jane Saeirs Darin Knapp Accepted: GRANTEE: ORANGE COUNTY,NORTH CAROLINA By: Jameszetta Bedford, Chair Orange County Board of Commissioners ATTEST: By: Laura Jensen, Clerk to the Board of Commissioners Page 18 of 21 24 Acknowledgments NORTH CAROLINA COUNTY OF ORANGE I, , a Notary Public for said County and State do hereby certify that and personally appeared before me and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal this the day of , 20_. Notary Public My commission expires: NORTH CAROLINA COUNTY OF ORANGE I, , a Notary Public of Orange County,North Carolina do hereby certify that [ personally appeared before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County,North Carolina and that by authority duly given and as the act of Orange County,North Carolina the foregoing instrument was signed in its name by [ , Chair of the Orange County Board of Commissioners, and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal this the day of , 20_. Notary Public My commission expires: Page 19 of 21 25 EXHIBIT A PRESENT CONDITION MAP OF THE CONSERVATION EASEMENT [PLACEHOLDER] Page 20 of 21 26 EXHIBIT B PERMITTED EXCEPTIONS (a) All enforceable easements and rights of way currently depicted in the Orange County Registry; and (b) Public Road rights of way affecting the Property; and (c) Current Orange County property taxes and any deferred taxes as provided by law. Page 21 of 21 27 11 2lw_m.u,'�`��."::� � r gym._ _.a a a ZLmTs °.11mv�G.= o° o,a. f AREA BREAKDOWN: G b EDGE OF CONSERVATION EASEMENT: rnasERYAnoN 1,234.348.2 S.P.(28.337 A—) rW� ArtAaal LOT 2 ;• o,.._,•,eoa.aorma„,..,.,maaaa -5�, (Fr/N rt/1r.Fr een eert1<Axn xrtsID waBIJ z 798.373.9 S.F. 10.320 Ae a3 as (lam AYc RRHam� r LOT I: \\ AND caViceR7Av°N rtecaMeNa9 � \ 495.974.9 S.PAB.(10.008 Acrea) w/ eDMc P uBa/ \•�g",\ FARMSTEAD AREA l: l\ \ \ c LOT 2: - 798,979.9 E.1.=—.0 R®msrTULFIRY51a1D FARMSTEAD AREA 2: PN 17 ��6• `n �� ..t2.— ENTIAL AREA: ra aa.sc,"' - ail rvRs°„\\\�' meaXe ate+ LOT 1 RESID ��-� 4s5,a74a 4-1 B.P. 10.009 A— w/ EDGE OF ,r±�CONSERVATION 'Se EASEMENT y',, �„qs0 �-' 7 •t'xt #ea EDGa GP CONSERVATION I oEP 01 CONSERVATION EASEMENT PLAT r PROPERTY OF JANE SAIERS & DARIN KNAPP S1 J PROPERTY ADDRESS:BOl ARTHUR MD4NL9 RD. LOT 2."FINAL PUT 9URFEY FOR v- va,za a zl I I it�_r z ,.,P/ 1p. / �l•\ P RFA(. 986 PIN REFERENCE:DEED :D.B. 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