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f <br /> l <br /> 2 <br /> The Resolution of Approval for Phase I includes the following condition: <br /> E. Parkland/Open Space <br /> 2. The entirety of the open space to be shown on the Final Plat(s) shall be <br /> owned by the homeowner's association for recreation/open space use by <br /> the residents of the subdivision. The deed shall be submitted to and <br /> approved by the County Attorney. <br /> 4. Final documents granting a conservation easement to Orange County or <br /> the Triangle Land Conservancy for the permanent protection of the <br /> floodplain on the west side of Stoney Creek shall be submitted to and <br /> approved by the County Attorney. This requirement is not agreement on <br /> the part of Orange County to accept a conservation easement grant to it. <br /> The form and substance of any conservation easement grant to Orange <br /> County must be approved by the Board of Commissioners. <br /> If approved,the Resolution of Approval for Phases III and IV should include <br /> comparable provisions related to ownership and control of the conservation area. Upon <br /> completion of the development, all of the conservation area should be under the same <br /> ownership and subject to the same restrictions. Thus the manner in which the <br /> conservation area is addressed in Phase I will be a model for Phases III and IV. <br /> (Phase II,recently approved, included dedication of a portion of a park site,but does <br /> not include any of the conservation area.) <br /> The Triangle Land Conservancy(TLC)declined an offer to acquire the floodplain <br /> because its primary interest in the area was to create a public trail connector between <br /> New Hope Creek and the Eno River,and construction of such a trail would be <br /> prohibitively expensive (letter attached). <br /> In order to comply with items E2 and E4 above, the offer to dedicate a conservation <br /> easement to Orange County must be made, and the Board of Commissioner must <br /> accept or refuse the offer. The Board of Commissioners must also approve the form <br /> and content of the easement documents. <br /> Compliance with items E2 and E4 above can be accomplished in one of the following <br /> ways: <br /> Option 1: Ownership of all of the open space by the homeowners association, with a <br /> conservation easement granted to Orange County for the conservation <br /> area. The conservation easement agreement would address issues such as <br /> use restrictions, access, monitoring,maintenance and enforcement. <br />