HomeMy WebLinkAbout2025-738-E-DEAPR-Kennon Craver, Attorneys at Law-Closing Settlement Statement with full closing costs for purchase of a conservation easement on property owned by RambleRill Properties,Kennon Craver, PLLC
ALTA Universal ID:
4011 University Drive
Suite 300
Durham, NC 27707
(919) 490-0500
ALTA Combined Se lement Statement
File #:23604.058
Print Date & Time:12/18/2025 at 03:49 PM
EST
A orney:Brian M. Ferrell
Se lement Loca on:4011 University Drive
Suite 300
Durham, NC, 27707
Property 901, 911-UT, and 913
Arthur Minnis Road
Hillsborough, NC 27278
Buyer Orange County, North
Carolina
P.O. Box 8181
Hillsborough, NC 27278
Seller RambleRill Proper es, LLC
5407 Spring House Lane
Chapel Hill, NC 27516
Lender
Se lement Date 12/22/2025
Disbursement Date 12/22/2025
Seller Buyer
Debit Credit Debit Credit
Financial
$205,500.00 Sale Price of Property $205,500.00
Government Recording and Transfer Charges
Government recording charges $33.00
$411.00 State tax/stamps Deed $411.00 Mortgage $0.00 to Orange County Registerof Deeds
Conserva on Easement Plat Recording Fee to Orange County Register ofDeeds - POC by borrower $52.00
Conserva on Easement Recording Fee + e-recording fees to Orange County,North Carolina $57.00
Title Charges & Escrow / Se lement Charges
Title Insurance Premium to Investors Title Insurance Company $602.36
Miscellaneous
$1,598.51 2025 Property Taxes - 9861279688 to Orange County Tax Collector $40.41
$1,052.64 2025 Property Taxes - 9861287047 to Orange County Tax Collector $26.61
Se lement Agent Fees to Kennon Craver, PLLC $7,000.00
Seller Buyer
Debit Credit Debit Credit
$3,062.15 $205,500.00 Subtotals $213,259.38 $0.00
Due from Buyer $213,259.38
$202,437.85 Due to Seller
$205,500.00 $205,500.00 Totals $213,259.38 $213,259.38
See signature addendum
File # 23604.058
Printed on 12/18/2025 at 03:49 PM EST
Produced by Kennon Craver, PLLC
Using Qualia Page 1 of 1
Docusign Envelope ID: F68C289B-897D-4E9C-8B77-C5477012992E
Signature Addendum
Acknowledgement
We/I have carefully reviewed the Se lement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my
account or by me in this transac on and further cer fy that I have received a copy of the Se lement Statement.
We/I authorize Kennon Craver, PLLC to cause the funds to be disbursed in accordance with this statement.
Orange County, North Carolina
This instrument has been pre-audited in the manner required by the LocalGovernment Fiscal Control Act.
Orange County Finance Officer
By:
Date
Name:
Date
Title:
Date
Date
RambleRill Proper es, LLC,
a North Carolina Limited Liability Company
By:
Date
Name:
Date
Title:
Date
Se lement Agent Date
23604.058
Printed on 12/18/2025
Produced by Kennon Craver, PLLC
Using Qualia
Docusign Envelope ID: F68C289B-897D-4E9C-8B77-C5477012992E
12/19/2025
Travis Myren
County Manager
Page 1 of 21
This instrument prepared by and return to: John Roberts, Orange County Attorney,
P.O. Box 8181, Hillsborough, NC 27278
Excise Tax: $411.00
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
WARRANTY DEED OF AGRICULTURAL CONSERVATION EASEMENT
This Warranty Deed of Agricultural Conservation Easement ("Conservation Easement")
is granted on this ____ day of December, 2025, by RambleRill Properties, LLC, a North
Carolina limited liability company having an address of 5407 Spring House Lane, Chapel Hill,
NC 27516 (referred to as "Grantor"), to ORANGE COUNTY, NORTH CAROLINA, having an
address of Post Office Box 8181, Hillsborough, NC 27278 (referred to as “Grantee”).
WHEREAS:
Grantor is the sole owner in fee simple, of certain farm property, which consists of
approximately 28.337 acres of land, located in Chapel Hill Township, Orange County, North
Carolina and identified as Lot 1 and Lot 2 on the plat of property titled “Conservation Easement
Plat, Property of RambleRill Properties LLC” prepared by Freehold Land Surveys, Inc., which
plat is recorded at Plat Book _____, Page _____, Orange County Registry (hereafter referred to
as “the Recorded Plat”) and further identified as having Orange County PINs #: 9861279688
[“Lot 2”] and 9861287047 [“Lot 1”] exclusive of the portions thereof within the right-of-way of
Arthur Minnis Road [NCSR 1113] (collectively referred to herein as the “Property”). 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 Grantor, the people of Orange County and the people of
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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
the general public, namely, the views along Arthur Minnis Road (State Road 1113) 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 Grantor’s 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 Grantor, 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 Grantor 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 Grantor 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 Grantor intends that the conservation values of the Property be preserved and
maintained, and further, Grantor intends 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
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“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
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;
(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.
Grantor 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 Grantor agrees 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 and in consideration of the facts recited above and of the
mutual covenants, terms, conditions and restrictions contained herein, together with other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the
parties, Grantor hereby unconditionally and irrevocably sells, grants and conveys unto Grantee,
its successors and assigns, forever and in perpetuity a Conservation Easement over the Property
of the nature and character as follows, together with the right to preserve and protect the
Conservation Values thereof and TOGETHER WITH the non-exclusive and perpetual right,
privilege, and easement for vehicular and pedestrian access, ingress, and egress over and upon the
Property, specifically including that certain area labeled “50’ Private Access Easement” on the Recorded
Plat, for the purpose of providing vehicular and pedestrian access, ingress, and egress from Arthur Minnis
Road to Lot 1 and Lot 2. TO HAVE AND TO HOLD the rights, privileges, and easement as aforesaid and
as follows, to Grantee and its successors and assigns forever:
The terms, conditions and restrictions of the Conservation Easement are as hereinafter set
forth:
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1. Grant of Agricultural Conservation Easement; Extinguishment of Development
Rights
Grantor hereby voluntarily sells, grants and conveys 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. Grantor promises and agrees that it will not perform, nor knowingly allow
others to perform, any act on or affecting the Property that is inconsistent with the terms and
covenants herein. Grantor authorizes the Grantee to enforce these terms and covenants in the
manner described below.
Grantor hereby voluntarily sells, grants and conveys 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. It is the intent of this Conservation
Easement that, except as specifically set forth herein, all housing, commercial and industrial
development rights that are now or hereafter allocated to, implied, reserved or inherent in the
Property, 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 bound or described, or to 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 Grantor ’s property
in perpetuity; and it is enforceable by Grantee against the Grantor, their representatives, heirs,
successors and assigns, lessees, agents, and licensees.
3. Rights and Responsibilities Retained by Grantor
Notwithstanding any provisions of this Conservation Easement to the contrary, the
Grantor reserves to and for itself and its 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 (specifically including the restrictions set
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forth in Paragraph 8 and Paragraph 14) 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 Grantor to take any action to restore the condition of the
Property after any natural disaster or other event over which they had no control. Grantor
understands that nothing in this Deed of Conservation Easement relieves it of any obligation or
restriction on the use of the Property imposed by law.
4. Right to Farm
Grantor retains 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
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.
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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
Grantor retains 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. However, the public has the right to view the Property from
adjacent publicly accessible areas such as public roads and waterways.
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
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.
No land grading, terracing, or construction shall be undertaken for the primary purpose of
creating fixed or semi-fixed outdoor audience seating or performance infrastructure. Nothing in
this paragraph shall be construed to prohibit temporary or movable structures, or occasional
public gatherings or educational events, that do not involve permanent land alteration or the
construction of prohibited facilities.
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.
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7. Procedure to Construct Buildings and Other Improvements
The Grantor’s right 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 Grantor 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.
Grantor reserves 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. Grantor reserves the right to install a pervious
parking area on the Property.
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.
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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” as shown on the Recorded Plat, 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 – Grantor reserves 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. Grantor reserves the
right to use these buildings to support agritourism/farm visitors (e.g., bed and breakfast).
(e) Recreational Improvements - Grantor expressly reserves 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
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.
Grantor reserves 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,
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and handrails to the extent necessary. Grantor 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.
Grantor reserves 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.
Grantor reserves 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. Grantor 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
improvements permitted herein, is permitted. Grantor reserves the right to dig new wells. Grantor
reserves the right to install, repair, and replace irrigation lines supplying agricultural operations.
Grantor 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 under common ownership. The further 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 (Lot 1 and Lot
2) must remain under common ownership.
9. Conservation Practices
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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 (NRCS) 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 Grantor to explore methods of compliance and give Grantor a reasonable amount of time,
not to exceed twelve months, to take corrective action. If Grantor do es not comply with the
Conservation Plan, Orange County will inform the Grantor’s 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 Grantor to correct such noncompliance, and (c) Grantor has exhausted their appeal
rights under applicable NRCS regulations.
10. Forest Management
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,
hügelkultur-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.
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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. Grantor reserves 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
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
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Grantor 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. Grantor 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, Grantor may
engage or contract others to engage in any activity designed to repair, restore, or otherwise
enhance the natural resources found or once present on the 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. Grantor 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 Grantor and Grantee
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
Grantor as owner of the Property. Among other things, this shall apply to:
(a) Taxes – The Grantor 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 Grantor retains 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. Grantor will
remain responsible for upkeep, maintenance, and repairs to any impoundments located on the
Property.
(c) Liability and Indemnification -- Grantor agrees to defend, 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, Grantor agree s to
maintain liability insurance covering the Property with the limits as follows: (i) $300,000 per
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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 Grantor ’s
insurance policies covering the Property. Grantor’s 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 Grantor or with the Grantor’s 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 Grantor 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 Grantor 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 Grantor 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 such violation has occurred, each party
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 Grantor 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. Grantor shall notify Grantee in
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writing at least thirty (30) days before conveying the Property, or any part thereof or interest
therein. Failure of Grantor 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 Grantor. 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 Grantor 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
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 Grantor 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
Grantor 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. Grantor 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
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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 Grantor shall not be responsible to share
any proceeds awarded.
All condemnation-related expenses incurred by the Grantor 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
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 Grantor 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 Grantor 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 Grantor: To the Grantee:
RambleRill Properties, LLC Orange County DEAPR
5407 Spring House Lane PO Box 8181
Chapel Hill, NC 27516 Hillsborough, NC 27278
Attn: Jane Saiers and Darin Knapp
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29. Grantor’s Title Warranty
The Grantor warrants that it holds 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 promises 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 Grantor 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. Grantor’s Environmental Warranty
“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.
Grantor warrants that it is in compliance with and shall remain in compliance with, all
applicable Environmental Laws. Grantor warrants that there are no notices by any governmental
authority of any violation or alleged violation of, non-compliance or alleged non-compliance
with or any liability under any Environmental Law relating to the operations or conditions of the
Property.
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Grantor warrant that it has no actual knowledge of a release or threatened release of any
Hazardous Materials on, at, beneath or from the Property exceeding regulatory limits. Moreover,
Grantor hereby promises 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. Grantor ’s indemnification obligation shall not be affected
by any authorizations provided by Grantee to Grantor 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.
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 s follow.]
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IN WITNESS WHEREOF, the Grantor, intending to legally bind itself, has set its hands
on the date first written above.
GRANTOR:
RambleRill Properties, LLC
By: ____________________________________(SEAL)
Jane Ann Saiers, Manager
By: ____________________________________(SEAL)
Darin Jay Knapp, Manager
NORTH CAROLINA
COUNTY OF _______________
I, __________________________, a Notary Public for said County and State do hereby certify
that Jane Ann Saiers and Darin Jay Knapp 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 December, 2025.
_________________________________
Notary Public
(Official Seal)
My commission expires:
_____________________
[WARRANTY DEED OF AGRICULTURAL CONSERVATION EASEMENT SIGNATURE PAGE]
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IN WITNESS WHEREOF, the Grantee, intending to legally bind itself, has set its hand
on the date first written above.
GRANTEE:
ORANGE COUNTY, NORTH CAROLINA
By: __________________________
Jean Hamilton , Chair
Orange County Board of Commissioners
ATTEST:
By: _______________________
Laura Jensen, Clerk to the
Board of Commissioners
NORTH CAROLINA
COUNTY OF ORANGE
I, __________________, a Notary Public of Orange County, North Carolina do hereby
certify that Laura Jensen 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 Jean Hamilton, 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 __________, 2025.
___________________________________
Notary Public
(Official Seal)
My commission expires:
____________________
[WARRANTY DEED OF AGRICULTURAL CONSERVATION EASEMENT SIGNATURE PAGE]
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EXHIBIT A
PRESENT CONDITION MAP OF THE CONSERVATION EASEMENT
THIS MAP IS BEING USED FOR ILLUSTRATIVE PURPOSES ONLY. THIS MAP IS NOT A
CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY
FOR COMPLIANCE WITH APPLICABLE LAND DEVELOPMENT REGULATIONS. N.C.G.S.
SECTION 47-30(n).
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EXHIBIT B
PERMITTED EXCEPTIONS
[Pending]
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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.
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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.
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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
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RambleRill Farm Easement- Context Map 4
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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
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RambleRill Farm Easement- Aerial Map(Farmsteads) 5
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Legend
Landowner: RambleRill Farm ORANGE COUNTY Farmstead Areas
Lat: 35' 59.86" Q Tract BoundaryLong: 79'07.58"
Date: 05/14/2021 4 Roads
Image: 2017 Aerial Photo Streams
Created By: Christian Hirni Conservation Easements-Other
Acres: 28
Tax ParcelsFarmsteadArea: 1-3.92 Department of Environment,
Residential Area-
2
1-
1.87 Agriculture,Parks&Recreation
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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
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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
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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.
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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 ofPurpose
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
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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
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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.
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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
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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
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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
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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
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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
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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
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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 ofProperty
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
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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
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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
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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.
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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.]
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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
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Docusign Envelope ID: F68C289B-897D-4E9C-8B77-C5477012992E
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
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25
EXHIBIT A
PRESENT CONDITION MAP OF THE CONSERVATION EASEMENT
PLACEHOLDER]
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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
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27
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Docusign Envelope ID: F68C289B-897D-4E9C-8B77-C5477012992E
RES-2025 -029 ' w • %913P Attachment 1
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 .
Ja ezett edford , Ch
Orange County Board of Commissio
r
Laura Jense Clerk to the Board
Docusign Envelope ID: F68C289B-897D-4E9C-8B77-C5477012992E
Revised 01/24
1
ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: Kennon Craver, Attorneys at Law Vendor Contact Person: Brian Ferrell Phone: 919-490-0500
Address: 4011 University Drive, Suite 300 City Durham State: NC Zip: 27707 Department: DEAPR Amount:
$213,259.38 Purpose: Closing Settlement Statement with full closing costs for purchase of a conservation easement
on property owned by RambleRill Properties, LLC. Budget Code(s): 61370035 899950 20006 Vendor # 51941
Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date December 18, 2025 End Date December 23, 2025 Notice Date (Notice Purpose
)
Award
Approved by Board (Agenda Date: June 3, 2025); Made or Administered by
Signature Authority
- BOCC Express Delegation (Agenda Date: June 3, 2025)
- Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000
- Budget Policy Section XV (Capital Improvement Project: )
Bidding
Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# )
Department Affirmation
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement.
This agreement is approved as to technical form and content. Services related to this agreement have already
begun or been completed. Description of the nature of the emergency condition that was addressed:
Department Director’s Signature ________________________________________ Date: ________
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Inapplicable because no hardware/software purchases or related services
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Received for record retention:
Docusign Envelope ID: F68C289B-897D-4E9C-8B77-C5477012992E
12/18/2025
12/19/2025
12/19/2025
12/19/2025
Revised 01/24
2
Office of the Clerk to the Board __________________________________________Date:_________
Docusign Envelope ID: F68C289B-897D-4E9C-8B77-C5477012992E