Agenda - 06-16-20; 8-h - Resolution of Approval – Conservation Easement on Triangle Land Conservancy’s Patterson-Thornton Property

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Attachment 4 Model Conservation Easement Revised Page 3 of 21 “Million Acre Initiative,” which provides that the State of North Carolina shall encourage, facilitate, plan, coordinate, and support appropriate federal, State, local, and private land protection efforts so that an additional one million acres of farmland, open space and conservation lands in the State are permanently protected by December 31, 2009; and (5) the Clean Water Management Trust Fund, North Carolina General Statute 113- 145.1 et seq., which recognizes the importance of protecting riparian buffers in conserving clean surface water; and (6) the Soil and Water Conservation Districts Act, authorized by NCGS § 139-1, et seq., which provides for the preservation of farm, forest and grazing lands. The significant natural resources and wildlife habitat of the Property, and its contribution to the protection of the open space and rural character in the Rural Buffer of Chapel Hill Township and the water quality of University Lake are collectively referred to as the "Conservation Values" of the Property. D. The characteristics of the Property, its current use and state of improvement, are depicted on an Orange County GIS map and sketch of the Property and other adjoining property of Grantor prepared by Grantee for Grantor, which is attached as Exhibit A to this Conservation Easement and incorporated herein by reference. Grantor worked with Grantee to ensure that the GIS map and sketch is a complete and accurate description of the Property as of the date of this Conservation Easement. It will be used by Grantor and Grantee to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, the GIS map and sketch is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. Grantor and Grantee have copies of Exhibit A. The original of Exhibit A will remain on file at the Orange County Department of Environment, Agriculture, Parks and Recreation. E. Grantor and Grantee have the common purpose of conserving the above-described Conservation Values of the Property in perpetuity, and the State of North Carolina has authorized the creation of Conservation Easements pursuant to the terms of the North Carolina Conservation and Historic Preservation Agreements Act, N.C. Gen. Stat. § 121-34 et seq., and G.S. § 153A-176 and G.S. § 160A-266 - 279, which provide for the enforceability of restrictions, easements, covenants or conditions "appropriate to retaining land or water areas predominantly in their natural, scenic or open condition or in agricultural, horticultural, farming, or forest uses," and Grantor and Grantee wish to avail themselves of the provisions of those laws. NOW, THEREFORE, Grantor, for and consideration of the facts recited above and of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute and unconditional gift, hereby give, grant and convey unto the Grantee, its successors and assigns, forever and in perpetuity for the benefit of the people of North Carolina, a Conservation Easement over the Property of the nature and character as follows: 9