AG 2018 09 17 - Laserfiche WebLink

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terms of the ALE, including, but not limited to compliance with the ALE Plan, the United States may exercise its right of enforcement. WHEREAS, the Grantee is a body politic existing under Chapter 139 of the North Carolina General Statutes, and is qualified to hold Easements under the applicable laws of the State of North Carolina and is a qualified organization under I.R.C. Section 170(h). NOW, THEREFORE, for Dollars ($__) and for the reasons given and other good and valuable consideration and in consideration of their mutual covenants, terms, conditions and restrictions contained herein, the Grantor hereby voluntarily grants and cone to the Grantee, and the Grantee hereby voluntarily accepts, a perpetual Agricultural Land Eigs (ALE) in the Protected Property, which Agricultural Land Easement is animmediat ve 9d interest in real property of the nature and character described herein. Grantor pat they will not perform, nor knowingly allow others to perform, any act on or affectin th Pm �ected Property that is inconsistent with the covenants contained herein. Grantor iaj zgs'the Grantee to enforce these covenants in the manner described below. 1 ARTICLE L GENERAL i 1.1. Statement of Purpose. It is the primary purpose of this Agricut al Land Easement (ALE) to enable the Protected Property to remain in agricultural uspreserving and protecting its agricultural soils and agricultural viability and product t limiting nonagricultural uses of the Protected Property. No activity that would si t� Ir.� tt y impair the actual or potential agricultural use of the Protected Property, ort st rwise inconsistent with the purposes of this Ale, shall be permitted. To the extent t t t e preservation and protection of the natural, historic, recreational, habitat or scp, a yaes referenced in this Agricultural Land Easement are consistent with the prima,+,5�. ' 1 ose stated above, it is within the purpose of this Agricultural Land Easement to at opr.�tept those values, and no activity that would significantly impair those value s{! be permitted. The provisions of this ALEVil apsociiated exhibits will not be interpreted to restrict the types of agricultural operati s tha n function on the Protected Property, so long as the agricultural operations c sistent with the long -tern agricultural viability of the Protected Property, ALE Pla E purposes, and do not violate federal laws, including federal drug laws. No uses will f a owed that decrease the ALE's protection for the agricultural use and future viabil and related conservation values of the Protected Property. The d tion, processing, and marketing of agricultural crops and livestock is allowed pr ide it is conducted in a manner consistent with the terms of the ALE Plan. 1.2.[ual Duration. This ALE over the Protected Property as further described in Exhibit V _, shall be perpetual. It is an Agricultural Land Easement in gross, runs with the land and is enforceable by Grantee against Grantor as provided herein, and against Grantor's representatives, successors, assigns, lessees, agents and licensees. 1.3. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Agricultural Land Easement, the parties agree that all development rights appurtenant to the Protected Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Protected 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 F-7 Page 143