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Agenda - 12-03-2007-3d
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Agenda - 12-03-2007-3d
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Last modified
9/1/2008 10:56:19 PM
Creation date
8/28/2008 10:34:12 AM
Metadata
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Template:
BOCC
Date
12/3/2007
Document Type
Agenda
Agenda Item
3d
Document Relationships
RES-2007-085 Contribution of Funds Land Acquisition & AcceptConservation Easement Eno River Assoc
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2007
S ECD - Eno River Association purchase of Eno Confluence property & conservation easement
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2007
S Warranty Deed of Conservation Easement Eno Confluence Property
(Linked From)
Path:
\Board of County Commissioners\Various Documents\2000 - 2009\2007
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Eno Confluence Conservation Easement Nov. 13, 2007 draft (BOCC) <br />land and into the Eno River, which river has both conservation value and is a public water supply <br />for residents of Orange County. <br />The grant of this Conservation Easement further said wish, and will serve the following <br />"Conservation Purposes," as such term is defined in Section 170 (h)(4)(A) of the Code: <br />The Easement Area contains a natural area that has not been subject to significant <br />development, which provides a "...relatively natural habitat offish, wildlife, or plants, or similar <br />ecosystem," as that phrase is used in P.L. 96-541, 26 UCS 170(h)(A)(ii), as amended, and in <br />regulations promulgated thereunder. <br />The Easement Area is a significant natural area that qualifies in its present condition as a <br />"...relatively natural habitat offish, wildlife, or plants, or similar ecosystem," as that phrase is <br />used in P.L. 96-541, 26 UCS 170(h)(A)(ii), as amended, and in regulations promulgated <br />thereunder. Specifically, the Easement Area is habitat for a variety of native plants and animals <br />known to inhabit the Upper Eno River Macrosite as described on Pages 78-82 of the Inventory of <br />the Natural Areas and Wildlife Habitats of Orange County, North Carolina (2004), by the North <br />Carolina Natural Heritage Program. <br />The Easement Area also includes land within a zone designated by Orange County as a <br />"critical area" of a protected water supply watershed for the Corporation Lake Reservoir and <br />Lake Ben Johnson Reservoir. Another primary purpose of this Easement is to protect the largely <br />undeveloped nature of the Grantor's Property and, in doing so, helping to protect the high quality <br />of that chinking water supply serving the people of Orange County. <br />The Easement .Area also contributes to the open space and rural character of northern <br />Cheeks Township and the Upper Eno Protected Watershed, so classified in the Orange County <br />Zoning Ordinance. It is a fi~.rther purpose of this Easement to help to protect the rural character <br />and open space of northern Cheeks Township. <br />The natural and wildlife habitat resources of the Property, and its contribution to the <br />protection of the area water supply and rural character, and the other conservation interests <br />described herein are collectively referred to as the "conservation values" of the Easement Area <br />The Grantor and Grantee agree that the current uses of and improvements to the <br />Easement Area are consistent with the conservation purposes of this Conservation Easement. <br />The conservation purposes of this easement, notwithstanding anything to the contrary contained <br />herein, are also recognized by, and this Conservation Easement will also serve, the following <br />clearly delineated governmental conservation policies: <br />(1) the Orange County Board of Commissioners' goal (adopted June 21, 1999) to <br />identify and coordinate the preservation of the County's most significant natural areas; and <br />Page 2 of 17 <br />
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