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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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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2018
Board
Board of Commissioners
Meeting Type
Regular
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terms of the ALE, including, but not limited to compliance with the ALE Plan, the United States <br />may exercise its right of enforcement. <br />WHEREAS, the Grantee is a body politic existing under Chapter 139 of the North <br />Carolina General Statutes, and is qualified to hold Easements under the applicable laws of the <br />State of North Carolina and is a qualified organization under I.R.C. Section 170(h). <br />NOW, THEREFORE, for Dollars ($__) and for the reasons given <br />and other good and valuable consideration and in consideration of their mutual covenants, terms, <br />conditions and restrictions contained herein, the Grantor hereby voluntarily grants and cone to <br />the Grantee, and the Grantee hereby voluntarily accepts, a perpetual Agricultural Land Eigs <br />(ALE) in the Protected Property, which Agricultural Land Easement is animmediat ve 9d <br />interest in real property of the nature and character described herein. Grantor pat they <br />will not perform, nor knowingly allow others to perform, any act on or affectin th Pm �ected <br />Property that is inconsistent with the covenants contained herein. Grantor iaj zgs'the Grantee <br />to enforce these covenants in the manner described below. 1 <br />ARTICLE L GENERAL i <br />1.1. Statement of Purpose. It is the primary purpose of this Agricut al Land Easement (ALE) to <br />enable the Protected Property to remain in agricultural uspreserving and protecting its <br />agricultural soils and agricultural viability and product t limiting nonagricultural uses of <br />the Protected Property. No activity that would si t� Ir.� tt y impair the actual or potential <br />agricultural use of the Protected Property, ort st rwise inconsistent with the purposes <br />of this Ale, shall be permitted. To the extent t t t e preservation and protection of the <br />natural, historic, recreational, habitat or scp, a yaes referenced in this Agricultural Land <br />Easement are consistent with the prima,+,5�. ' 1 ose stated above, it is within the purpose of this <br />Agricultural Land Easement to at opr.�tept those values, and no activity that would <br />significantly impair those value s{! be permitted. <br />The provisions of this ALEVil apsociiated exhibits will not be interpreted to restrict the types <br />of agricultural operati s tha n function on the Protected Property, so long as the <br />agricultural operations c sistent with the long -tern agricultural viability of the Protected <br />Property, ALE Pla E purposes, and do not violate federal laws, including federal drug <br />laws. No uses will f a owed that decrease the ALE's protection for the agricultural use and <br />future viabil and related conservation values of the Protected Property. <br />The d tion, processing, and marketing of agricultural crops and livestock is allowed <br />pr ide it is conducted in a manner consistent with the terms of the ALE Plan. <br />1.2.[ual Duration. This ALE over the Protected Property as further described in Exhibit <br />V _, shall be perpetual. It is an Agricultural Land Easement in gross, runs with the land and <br />is enforceable by Grantee against Grantor as provided herein, and against Grantor's <br />representatives, successors, assigns, lessees, agents and licensees. <br />1.3. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this <br />Agricultural Land Easement, the parties agree that all development rights appurtenant to the <br />Protected Property are hereby released, terminated and extinguished, and may not be used on <br />or transferred to any portion of the Protected Property as it now or hereafter may be bounded <br />or described, or used or transferred to any other property adjacent or otherwise, nor used for <br />F-7 Page 143 <br />
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