Agenda - 09-15-2009 - 6a - Laserfiche WebLink

Browse Search

ip~iiANi~iiu z° D. The Clean Water Management Trust Fund, ("Fund") with an address at 1651 Mail Service Center, Raleigh, North Carolina 27699-1651 is an independent agency of the State and is authorized by NCGS Chapter 113A, Article 18, to finance projects and to acquire land and interests in land, including conservation easements for riparian buffers for the purposes of providing environmental protection for surface waters and urban drinking water supplies. E. Grantor and State have agreed to set aside 67.87 acres of the Property (as described herein below and hereinafter referred to as the "Easement Area', for the purpose of creating a Conservation Easement to preserve, enhance, restore, and maintain the natural features and resources of the Easement Area, to provide habitat for native plants and animals, to improve and maintain water quality, and to control runoff of sediment (hereinafter the "Conservation Values"). F. The Easement Area is shown on a survey entitled "Conservation Easement Property Survey for the State of North Carolina, Clean Water Management Trust Fund and Eno River Association, Grant #2007-010" by Alois Callemyn, PLS dated January 4, 2008 and recorded in Plat Book ~ Page ~~ of the Orange, County Registry. ~'c~1 G. Grantor and State recognize that the Easement Area is located adjacent to the West Fork and East Forks of the Eno River and the Easement Area has been deemed by the State to qualify as a riparian buffer, addressing the cleanup and prevention of pollution of the State's surface waters, and the establishment of a network of riparian buffers. Moreover, Grantor and State recognize that the Easement Area has other Conservation Values including fish and wildlife conservation, open space, and scenic values. A. Grantor has received or will receive a grant from the Fund, identified as Grant Agreement No. 2007-010 (the "Grant Agreement"), entered into between the Grantor and the Fund and effective as of June 11, 2008, in consideration of which the Grantor has agreed to obtain this Conservation Easement. The terms and conditions of said Grant Agreement are hereby incorporated by reference. It is on file and available for public inspection in the offices of the Grantor, the Fund, and the North Carolina Department of Environment and Natural Resources ("NC DENR"). I. The Grantor, State and Fund (collectively referred to herein as the "Parties") hereto intend that the Conservation Values of the Easement Area will be preserved and managed in a manner that will protect the quality of waters of the East and West Forks of the Eno River, and otherwise promote the public purposes authorized by NCGS Chapter 113A, Article 18, and as set forth in the Grant Agreement. The Parties further acknowledge and agree that State will accept this Conservation Easement, that the State will be the ultimate Grantee and holder of this Conservation Easement, and that Grantor has received consideration for granting this Conservation Easement to the State and thus restricting the uses of the Easement Area. J. Grantor and State acknowledge that the Easement Area is currently, unimproved except for one abandoned, freestanding barn. The characteristics of the Easement Area, its current use and state of improvement are described in a Baseline Documentation Report (the