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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT <br />3 <br /> <br />preserve and protect the agricultural and other Conservation Values of the Protected Property in <br />perpetuity. <br /> <br /> WHEREAS, the Conservation Purposes of the Agriculture Land Easement are recognized <br />by, and the grant of this Agriculture Land Easement will serve, the following clearly delineated <br />governmental conservation policies: <br /> <br />1. This Agriculture Land Easement in perpetuity is acquired with funds provided, in part, <br />under the Agricultural Conservation Easement Program (ACEP), 16 U.S.C. § 3865 et <br />seq. and 7 CFR Part 1468 for the purpose of protecting the agricultural use and future <br />viability, and related conservation values, by limiting non-agricultural uses of the <br />Protected Property; <br /> <br />2. N. C. Gen. Stat. § 139-2 et seq., which provides that “it is hereby declared …that the <br />farm, forest and grazing lands of the State of North Carolina are among the basic <br />assets of the State and the preservation of these lands is necessary to protect and <br />promote the health, safety and general welfare of its people… It is hereby declared to <br />be the policy of the legislature to provide for the conservation of the soil and resources <br />of this State;” <br /> <br />3. N. C. Gen. Stat. § 106-583 et seq., which states that “It is declared to be the policy of <br />the State of North Carolina to promote the efficient production and utilization of the <br />products of the soil as essential to the health and welfare of our people and to promote <br />a sound and prosperous agriculture and rural life as indispensable to the maintenance <br />of maximum prosperity;” <br /> <br />4. The Uniform North Carolina Conservation and Historic Preservation Agreements Act <br />(N. C. Gen. Stat. § 121-34 et seq.) which provides for the enforceability of restrictions, <br />easements, covenants or conditions “appropriate for retaining in land or water areas <br />predominantly in their natural, scenic, or open condition or in agricultural, <br />horticultural, farming or forest use;” and which provides for tax assessment of lands <br />subject to such agreements “on the basis of the true value of the land and improvement <br />less any reduction in value caused by the agreement;” <br /> <br />5. The establishment of the North Carolina Farmland Preservation Trust Fund <br />established in 1986 (N. C. Gen. Stat. § 106-744 (c)) to preserve important farmland in <br />North Carolina; and <br /> <br />6. The special use assessment of farm and forest land as set forth in N. C. Gen. Stat. § <br />105-277.2 et seq. <br /> <br /> WHEREAS, Grantor and Grantee have the common purpose of protecting the above <br />described Conservation Values and current condition of the Protected Property and preventing <br />conversion of the Protected Property to non-agricultural uses and Grantor agrees to create and <br />implement an Agricultural Land Easement Plan (“ALE Plan”). <br /> <br />As required by 16 U.S.C. § 3865a, agricultural production and related uses of the Protected <br />Property are subject to an ALE Plan, as approved by NRCS, to promote the long-term viability of <br />the land to meet the Agricultural Land Easement (“ALE) purposes. The ALE Plan must also be <br />approved by the Grantor and the Grantee. Grantor agrees the use of the Property will be subject to <br />the ALE Plan on the Protected Property.