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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT <br />2 <br /> <br /> <br /> <br /> <br /> <br /> <br />RECITALS <br /> <br /> WHEREAS, Grantor is the sole owner in fee simple, of a certain farm property identified <br />in Exhibit A-1 located in No. 9 Township, Cabarrus County, North Carolina and identified on the <br />plat of property entitled “Plat Showing Boundary Survey & Conservation Easement” prepared by <br />Timothy S. Guisewhite which plat is recorded at Plat Book ______ Page ________, Cabarrus <br />County Registry with such farm property totaling _____ acres covered by this Easement (the <br />“Protected Property”). <br /> <br /> WHEREAS, the Protected Property consists primarily of productive agricultural land. The <br />Protected Property also contains within its boundary buildings and/or improvements as shown on <br />Exhibit D-1 attached hereto and incorporated herein. The majority of the soils on the Protected <br />Property have been classified as “prime” or “statewide important” soils by the NRCS), United <br />States Department of Agriculture (“USDA,” also referred to as “United States”). It is the primary <br />purpose of this Agricultural Land Easement to protect the agricultural soils and agricultural <br />viability and productivity by limiting non-agricultural uses of the Protected Property. <br /> <br /> WHEREAS, the Protected Property also includes outstanding woodland and riparian <br />habitats for a variety of wildlife species of importance to the Grantor, the people of Cabarrus <br />County and the people of North Carolina. <br /> <br /> WHEREAS, the Protected Property contains numerous tributaries that flows into the <br />___________RiverDutch Buffalo Creek which flows into Rocky River___________________., a <br />source of drinking water for residents of Cabarrus County, and where the Protected Property is <br />within the ___________ Protected Watershed and the ____________ Agricultural Priority Area. <br />It is a secondary purpose of this Agricultural Land Easement to protect these natural wildlife <br />habitat, historical, and scenic resources. The agricultural, natural, wildlife habitat and scenic <br />resources of the Protected Property are collectively referred to as the “Conservation Values” of the <br />Protected Property. <br /> <br /> WHEREAS, the specific Conservation Values of the Protected Property and its current use <br />and state of improvement are described in a Baseline Documentation Report (“Report’) prepared <br />by the Grantee with the cooperation of the Grantor, and acknowledged by both parties to be <br />accurate as of the date of this Agricultural Land Easement. This Report may be used by the <br />Grantee to document any future changes in the use or character of the Protected Property in order <br />to ensure the terms and condition of the Easement are fulfilled. This Report, however, is not <br />intended to preclude the use of other evidence to establish the present condition of the Protected <br />Property if there is a controversy over its use. The Grantor and Grantee have copies of this Report, <br />and this Report will remain on file at the office of the Grantee. <br /> <br /> WHEREAS, the Grantor and Grantee agree that the current agricultural use of, and <br />improvements to, the Protected Property are consistent with the conservation purposes of this <br />Agricultural Land Easement. <br /> <br /> WHEREAS, the Grantor intends that the Conservation Values of the Protected Property be <br />preserved and maintained, and further, Grantor intends to convey to the Grantee the right to <br />Formatted: Highlight <br />Formatted: Highlight <br />Formatted: Highlight <br />Formatted: Highlight <br />Formatted: No underline <br />Formatted: No underline, Highlight <br />Formatted: No underline <br />Formatted: Highlight <br />Formatted: Highlight <br />Formatted: Underline, Highlight <br />Formatted: Highlight