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2003 NS ERCD - - Trinity School of Durham and Chapel Hill Acceptance of Conservation Easement Assignment from the Triangle Land Conservancy and Chapel Hill
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2003 NS ERCD - - Trinity School of Durham and Chapel Hill Acceptance of Conservation Easement Assignment from the Triangle Land Conservancy and Chapel Hill
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8/12/2011 12:14:51 PM
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BOCC
Date
11/18/2003
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
8g
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Agenda - 11-18-2003-8g
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 11-18-2003
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6 <br />natural features and resources of the Easement Area, to provide habitat for native plants and <br />animals, to improve and maintain water quality, and to control runoff of sediment (hereinafter <br />the "Conservation Values"). <br />C. The Easement Area is depicted on a survey dated August 22, 2003, entitled <br />"Conservation Easement for the State of North Carolina, Clean Water Management Trust <br />Fund and Trinity School of Durham and Chapel Hill", prepared by John R. Mc Adams <br />Company, Inc., recorded in the Orange County Registry on September 10, 2003 and <br />further described in Exhibit B attached hereto and by this reference incorporated herein. <br />D. Grantee is a non-profit organization established for the purpose of promoting the <br />preservation of ecologically valuable lands, natural and wildlife habitat, and lands with <br />significant natural and open space values in the State of North Caolina for charitable, <br />scientific, educational and aesthetic purposes uid will receive and hold this Conservation <br />Easement until at such time it conveys an Assignment of Conservation Easement to the <br />STATE OF NORTH CAROLINA, by and tluough the Clean Water Management Trust Fund, <br />and the same is recorded in the Orange County, North Carolina. <br />E. Grantor and Grantee recognize that the Easement Area is located adjacent to the New <br />Hope Creek and its tributaries, and the Easement Area has been deerned by the State of North <br />Carolina to qualify as a riparian buffer, addressing the cleanup and prevention of pollution of <br />the State's surface waters, and the establishment of a network of riparian buffers. Moreover, <br />Grantor and Grantee recognize that the Easement Area has other conservation values <br />including fish and wildlife conservation, open space and scerric values. <br />F. The Clean Water Management Trust Fund, ("Fund") with an address at 1651 Mail <br />Service Center, Raleigh, North Carolina 27699-1651 is arr agency of the State of North <br />Carolina ("State"), with an address at c/o State Property Office, 1321 Mail Service Center, <br />Raleigh, North Carolhra 27699-1321, and is authorized by Article 13A, Chapter 113 of the <br />General Statutes of North Cazolina to finurce projects and to acquire land and interests in land, <br />including conservation easements for riparian buffers for the purposes of providing <br />environmental protection for surface waters and urban drinking water supplies. <br />G. Grantee has received a grant fiom the Fund identified as Grant Agreement No.1997B- <br />009 ("Grant Agreement") for acquisition of a Conservation Easement in consideration of <br />wluch Grantor has agreed that the Easement Area will be conserved and managed in a manner <br />that will protect the quality of waters of the New Hope Creek and otherwise promote the <br />public purposes authorized by Article 13A, Chapter 113 of the North Carolina General Statues <br />("N.C.G.S."). <br />H. The Grantor, Grantee, State and Fund (collectively referred to herein as the "Parties") <br />hereto intend that the conservation values of the Easement Area will be preserved and <br />managed pursuant to the terms and conditions of said Grant Agreement entered into between <br />the Grantee and the Fund on the ls` day of May 1998, incorporated herein by reference, and <br />available for inspection in the offices of the North Carolina Department of Envhomnent and <br />6 <br />
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