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Agenda - 11-18-2003-8g
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Agenda - 11-18-2003-8g
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9/2/2008 12:09:36 AM
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BOCC
Date
11/18/2003
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Agenda
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8g
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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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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2003
Minutes - 20031118
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\Board of County Commissioners\Minutes - Approved\2000's\2003
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6 <br />natural features and resources o f the Easement Area, to provide habitat for native plants and <br />animals, to improve and mainta~ n water quality, and to control runoff of sediment (hereinafter <br />the "Conservation Values"). <br />C. The Easement Area is ~3epicted on a survey dated August 22, 2003, entitled <br />"Conservation Easement for tr e 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 s pace values in the State of North Carolina for charitable, <br />scientific, educational and aest etic purposes and 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 CAROLIr1A, by and through the Clean Water Management Trust Fund, <br />and the same is recorded in the (?range 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, z nd the Easement Area has been deemed 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 scenic values. <br />F. T'he Clean Water Management Trust Fund, ("Fund") with an address at 1651 Mail <br />Service Center, Raleigh, North. Carolina 27699-1651 is an agency of the State of North <br />Carolina ("State"), with an address at c/o State Property Office, 13:21 Mail Service Center, <br />Raleigh, North Carolina 27699-1321, and is authorized by Article 13A, Chapter 113 of the <br />General Statutes of North Carolina to finance projects and to acquire land and interests in land, <br />including conservation easem~;nts 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 pant from the Fund identified as Grant Agreement No.1997B- <br />009 ("Grant Agreement") for acquisition of a Conservation Easement in consideration of <br />which Grantor has agreed that tr~.e 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, S tate 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 .md conditions of said Grant Agreement entered into between <br />the Grantee and the Fund on thy 1St day of May 1998, incorporated herein by reference, and <br />available for inspection in the offices of the North Carolina Department of Environment and <br />6 <br />
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