My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
AG 2012 09 17
CabarrusCountyDocuments
>
Public Meetings
>
Agendas
>
BOC
>
2012
>
AG 2012 09 17
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
9/19/2012 8:08:08 AM
Creation date
11/27/2017 11:11:19 AM
Metadata
Fields
Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2012
Board
Board of Commissioners
Meeting Type
Regular
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
257
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Attachment E <br />T. Amendment <br />This Conservation Easement may be amended by a written instrument executed by the Grantee and the <br />Grantor(s) and approved by the Commissioner of Agriculture. Any such amendment shall be consistent with <br />the Statement of Purpose of this Conservation Easement and with the Grantee's Conservation Easement <br />amendment policies, and shall comply with 26 U.S.C. §170(h) of the Internal Revenue Code or any <br />regulations promulgated in accordance with that section. Any such amendment shall be duly recorded. <br />Grantee shall give notice of any amendment to and secure approval from, the North Carolina Department of <br />Agriculture and Consumer Services. <br />U. Procedure in the Event of Condemnation or Eminent Domain <br />Grantor(s) and Grantee recognize that the partial donation and partial sale of this Conservation Easement <br />gives rise to a property right, immediately vested in the Grantee, with a fair market value equal to the <br />proportionate value that the Conservation Easement bears to the value of the Property prior to the restrictions <br />imposed by the Conservation Easement. Accordingly, if any condemnation or eminent domain action shall be <br />taken, on all or part of the Property, by any authorized public authority, said authority shall be liable to the <br />Grantee for the value of the property right vested in the Grantee at the time of the signing of this Conservation <br />Easement. <br />If condemnation or a taking by eminent domain of a part of the Property or the entire Property by a public <br />authority renders it impossible to fulfill any of the conservation purposes of this Conservation Easement on all <br />or part of the Property, the Conservation Easement may be terminated or modified accordingly through <br />condemnation proceedings. If the Conservation Easement is terminated or modified and any or all of the <br />Property is sold or taken for public use, then, as required by Treas. Reg. 1.170A- 14(g)(6), the Grantee shall <br />be entitled to the proportionate value of the Conservation Easement. The Grantee shall use its proceeds <br />consistently with the general conservation purposes of this Conservation Easement. If this Conservation <br />Easement is extinguished or terminated, the North Carolina Department of Agriculture and Consumer <br />Services, and Grantee shall receive its proportional share of the Conservation Easement value at the time of <br />termination. The proportional share of the Conservation Easement value is percent to the North Carolina <br />Department of Agriculture and Consumer Services. <br />V. Procedure in the Event of Termination of Conservation Easement <br />If it determines that conditions on or surrounding the Property change so much that it becomes impossible to <br />fulfill the conservation purposes of this Conservation Easement, a court with jurisdiction may, at the joint <br />request of both the Grantor(s) and the Grantee and with prior consent of North Carolina Department of <br />Agriculture and Consumer Services as provided herein, terminate or modify this Conservation Easement in <br />accordance with applicable state law. If the Conservation Easement is terminated and the Property is sold <br />then as required by Treas. Reg. 1.170A- 14(g)(6), the Grantee shall be entitled to an amount equal to the ratio <br />of the appraised value of this Conservation Easement to the unrestricted fair market value of the Property, as <br />these values are determined on the date of this Conservation Easement. The Grantee and the North Carolina <br />Department of Agriculture and Consumer Services shall divide the resulting proceeds in accordance with the <br />percentage of the purchase price of the Conservation Easement that each party contributed. The percentage <br />is percent for the North Carolina Department of Agriculture and Consumer Services. The Grantee shall <br />use its proceeds consistently with the general conservation purposes of this Conservation Easement. <br />W. Subsequent Easements /Restrictions on the Property <br />The grant of any easements or use restrictions that might diminish or impair the agricultural viability or <br />productivity of the Property or otherwise diminish or impair the conservation values of the Property is <br />prohibited. <br />Attachment number 3 <br />F -6 Page 132 <br />
The URL can be used to link to this page
Your browser does not support the video tag.