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3 <br /> Option 2: Ownership of the portion of the open space in the conservation area by <br /> Orange County, and ownership of the remainder of the open space by the <br /> homeowners association. This option arises as result of an offer by the <br /> applicant to convey ownership of the conservation area to Orange County. <br /> (See attached letter from David Rooks dated October 26, 1996.) <br /> In order to implement this option, item E2 of the Resolution of Approval <br /> would need to be revised to state that a portion of the open space could be <br /> owned by Orange County. <br /> Option 3: 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. In addition to addressing issues such as use restrictions, access, <br /> monitoring,maintenance and enforcement, the easement could allow for <br /> the County to obtain title to the conservation area at a later date,upon <br /> demand, and could provide for assignment by the County to a qualified <br /> owner. This option combines Options 1 and 2,beginning as Option 1, <br /> with the ability to convert to Option 2. <br /> Option 4: Ownership of all of the open space by the homeowners association,with <br /> restrictive covenants specifying that no development or disturbance could <br /> occur within the conservation area. This option would result by default if <br /> the County chose not to accept a conservation easement. <br /> Ownership of the conservation area provides greater County control, including the <br /> possibility of using the area in connection with the adjoining community park site, or <br /> developing a continuous connection between the Eno River State Park and Duke <br /> Forest in the future. Ownership also raises additional issues such as maintenance <br /> responsibility and liability. A connecting trail between Duke Forest and Eno River <br /> State Park will be a significant capital expense These issues should be carefully <br /> evaluated and balanced before a decision to accept ownership is made. Planning Staff, <br /> the Recreation and Parks Director, a member of the Recreation and Parks Advisory <br /> Council, and the applicants engineer recently walked the length of the conservation <br /> area, and a report containing findings and recommendations will be prepared, and will <br /> be presented to the Board of Commissioners in conjunction with the Preliminary Plan <br /> for Phase III. <br /> Orange County's interest in the conservation area, whether it be in the form of <br /> ownership or easement, should be assignable to an appropriate land conservation <br /> entity. This would allow for the easement or ownership interest to be conveyed in the <br /> future to a land trust. The County is currently exploring possibilities for creating a <br /> land trust which could accept conservation easements associated with Flexible <br /> Developments, farmland preservation, and other County conservation efforts. <br /> RECOMMENDATION: The Administration recommends approval of a conservation easement <br /> substantially in the form of the easement presented with this abstract,thereby <br /> addressing items E2 and E4 of the Resolution of Approval for Phase I of <br />