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AG 2018 09 17
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AG 2018 09 17
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Last modified
5/8/2019 7:18:45 PM
Creation date
5/2/2019 12:14:31 PM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2018
Board
Board of Commissioners
Meeting Type
Regular
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3.12. Grassland Use of the Protected Property. Grantors are allowed to graze, hay harvest for hay <br />and nonerop seed production, mow, construct fire breaks, conduct fire presuppression and <br />rehabilitation activities, and conduct common grazing practices, including cultural practices, <br />consistent with the provisions and conservation purposes of this ALE. The term "common <br />grazing practices" means those practices customary to the region where the Protea Property is <br />located to livestock grazing, forage management, and maintenance of infrastructure required to <br />conduct livestock grazing on the Protected Property. Grantors must not hay, mow, or harvest <br />for seed during certain nesting seasons for birds whose populations are in significant decline as <br />identified by Grantee or NRCS in the ALE plan. Determinations of nesting seasons for birds <br />whose populations are in significant decline will be made in writing to the Grantors, ollib <br />forth within the ALE Plan for the Protected Property. <br />ARTICLE 1V. ONGOING RESPONSIBILITY OF GRANTOR AND <br />Other than as specified herein, this Agricultural Land Easement is not inter <br />s� irtt�ose any legal <br />or other responsibility on the Grantee or the United States, or in any way t6 at any existing <br />obligation of the Grantor as owners of the Protected Property. <br />Due to the State's interest in this Agricultural Land Easement of ras specified herein, this <br />Agricultural Land Easement is not intended to impose any legal or oiler responsibility on the <br />NCDA&CS, or in any way to affect any existing obligation otthe Grantor as owners of the <br />Protected Property. <br />Among other things, this shall apply to: <br />4.1. Taxes, The Grantor shall continue to be a1 onsible for payment of all taxes and <br />assessments levied against the Protecte rty. If the Grantee is ever required to pay any <br />taxes or assessments on its interesylh otected Property, the Grantor shall upon demand <br />reimburse the Grantee for the same. <br />4.2. Unkeen and Maintenance. �,vrantor shall continue to be solely responsible for the upkeep <br />and maintenance of thProte fl Property, to the extent it may be required by law. The <br />Grantee and the United t shall have no obligation for the upkeep or maintenance of the <br />Protected Property.. a to the State's interest in this Agricultural Land Easement, <br />NCDA&CS shall ba a no obligation for the upkeep or maintenance of the Protected Property. <br />4.3. Transfer of cted Pro ocity. The Grantor agrees to incorporate by reference the terms of <br />this Agricultural Land Easement in any deed or other legal instrument by which they transfer <br />or divest themselves of any interest, including leasehold interests, in the Protected Property. <br />The Grantor shall notify the Grantee in writing at least thirty (30) days before conveying the <br />Protected Property, or any interest therein. Failure of Grantor to do so shall not impair the <br />validity of this Agricultural Land Easement or limit its enforceability in any way. <br />4.4. Transfer of Am icultural Land Easement. Subject to the right of enforcement of the United <br />States as specified in Section 4.8 and other pertinent paragraphs herein, andwith timely <br />written notice to and prior written approval of the United States, the Grantee shall have the <br />right to transfer the rights created by this Agricultural Land Easement to any public agency or <br />to any private nonprofit organization approved by Grantor, such approval to not be <br />unreasonably withheld, that, at the time of transfer, is a qualified organization under Section <br />170(h) of the Internal Revenue Code, as amended and under N. C. Gen. Stat. § 121-34 or sea., <br />provided the agency or organization expressly agrees to assume the responsibility imposed on <br />F-7 Page 152 <br />
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