2009-076 ERCD - Orange Co and Preservation of the Eno River regarding Utilization of Former Water Supply Well

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..» .,n i~iHUi~ui~ui (3) the Orange County Lands Legacy Action Plan, which was adopted by the Orange County Board of Commissioners on September 12, 2006, and which recognizes the need to protect riparian buffers in the critical area of the Upper Eno protected watershed; and (4) the protection of similar Orange County properties designed to protect conservation and open space values through conservation easements granted to the Grantee and others in the immediate vicinity of the Easement Area; and (5) NCGS § 139-2 et seq., which provides that "it is hereby declared ...that the farm, forest and grazing lands of the State of North Carolina are among the basic assets of the State and the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people... it is hereby declared to be the policy of the legislature to provide for the conservation of the soil and resources of this State"; and (6) Article 17 of the North Carolina General Statutes NCGS 113A-240-241, entitled Conservation, Farmland and Open Space Protection and Coordination, otherwise known as the "Million Acre Initiative," which states that the State of North Carolina shall encourage, facilitate, plan, coordinate, and support appropriate federal, State, local, and private land protection efforts so that an additional one million acres of farmland, open space and conservation lands in the State are permanently protected by December 31, 2009; and (7} the Clean Water Management Trust Fund, authorized by NCGS § 113A-251 et seq., which finances projects to acquire land and interests in land, including conservation easements for the purposes of providing environmental protection for surface waters and urban drinking water supplies; and (8) the Soil and Water Conservation Districts Act, authorized by NCGS § 139-1, et seq., which provides for the preservation of farm, forest and grazing lands; and (9) the zoning of the property by Orange County as Agricultural Residential. D. The characteristics and Conservation Values of the Easement Area, its current use and state of improvement, are described in a report entitled "Baseline Documentation Report for the Confluence Property," dated August 2008 (hereafter "the Baseline Report"), of which a summary is attached as Exhibit A to this Conservation Easement. Grantor worked with Grantee to ensure that the report is a complete and accurate description of the Easement Area as of the date of this Conservation Easement. It will be used by the Grantor and Grantee to assure that any future changes in the use of the Easement Area will be consistent with the terms of this Conservation Easement. However, the Baseline Report is not intended to preclude the use of other evidence to establish the present condition of the Easement Area if there is a question about its use. E. Grantor and Grantee have the common purpose of conserving the above-described Conservation Values of the Easement Area in perpetuity, and the State of North Carolina. has Page 3 of 20