ORD-2010-095 - Budget Amendment #5-A - Purchase of a Conservation Easement

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8 Volpe Conservation Easement (South) Draft 11/19110 flora and fauna of the North Carolina Piedmont, and to protect the quality of water running off from this land and into the Eno River, which river has both conservation value and is a public water supply for residents of Orange County. The grant of this Conservation Easement further said wish, and will serve the following "Conservation Purposes," as such term is defined in Section 170 (h)(4)(A) of the Code: The Easement Area contains a natural area that has not been subject to significant development, which provides a "...relatively natural habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used in P.L. 96 -541, 26 UCS 170(h)(A)(ii), as amended, and in regulations promulgated thereunder. Specifically, the Easement Area is habitat for a variety of native plants and animals known to inhabit the Upper Eno River Macrosite as described on Pages 78 -82 of the Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina (2004), by the North Carolina Natural Heritage Program. The Easement Area also includes land within a zone designated by Orange County as a "critical area" of a protected water supply watershed for the Corporation Lake and Lake Ben Johnson reservoirs. Another primary purpose of this Easement is to protect the undeveloped nature of the Grantors' Easement Area and, in doing so, helping to protect the high quality of that drinking water supply serving the people of Orange County. The Easement Area also contributes to the open space and rural character of northern Cheeks Township and the Upper Eno Protected Watershed, so classified in the Orange County Zoning Ordinance. It is a further purpose of this Easement to help to protect the rural character and open space of northern Cheeks Township. The natural habitat of the Easement Area, and its contribution to the protection of the public water supply watershed, as well as the open space and rural character of Cheeks Township are collectively referred to as the "conservation values" of the Easement Area The Grantors and Grantee agree that the current uses of and improvements to the Easement Area are consistent with the conservation purposes of this Conservation Easement. The conservation purposes of this easement, notwithstanding anything to the contrary contained herein, are also recognized by, and this Conservation Easement will also serve, the following clearly delineated governmental conservation policies: (1) the Orange County Board of Commissioners' goal (adopted June 21, 1999) to identify and coordinate the preservation of the County's most significant natural areas; and Page 2 of 16