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Agenda - 11-18-2003-8h
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Agenda - 11-18-2003-8h
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4/22/2013 3:56:01 PM
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8/29/2008 10:35:45 AM
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BOCC
Date
11/18/2003
Document Type
Agenda
Agenda Item
8h
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2003 S ERCD - Jeffrey and Angela Fisher Acceptance of Conservation Easement Assignment from the Triangle Land Conservancy
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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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9 <br />C. The Easement Area is depicted on a survey dated October 24, 2003, <br />entitled "Conservation Easement for the State of North Carolina, Clean Water <br />Management Trust Fund and Rebecca Hall Brown ", prepared by John R. Mc Adams, Inc. <br />recorded in the Orange County Registry October 24, 2003 and further described in <br />Exhibit B attached hereto and by this reference incorporated herein. <br />D. Grantee is a non -profit organization established for the purpose of promoting <br />the preservation of ecologically valuable lands, natural and wildlife habitat, and lands with <br />significant natural and open space values in the State of North Carolina for charitable, <br />scientific, educational and aesthetic purposes at such time it conveys an Assignment of <br />Conservation Easement to the STATE OF NORTH CAROLINA, by and through the Clean <br />Water Management Trust Fund, and the same is recorded in the Orange County, North <br />Carolina. <br />E. Grantor and Grantee recognize that the Easement Area is located adjacent to <br />the New Hope Creek and its tributaries, and the Easement Area has been deemed by the State <br />of North Carolina to qualify as a riparian buffer, addressing the cleanup and prevention of <br />pollution of the State's surface waters, and the establishment of a network of riparian buffers. <br />Moreover, Grantor and Grantee recognize that the Easement Area has other conservation <br />values including fish and wildlife conservation, open space and scenic values. <br />F. The Clean Water Management Trust Fund, ( "Fund ") with an address at 1651 <br />Mail 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, 1321 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 easements 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 grant from the Fund identified as Grant Agreement No. <br />199713-009 ("Grant Agreement ") for acquisition of a Conservation Easement in <br />consideration of which, Grantor has agreed that the Easement Area will be conserved and <br />managed in a manner that will protect the quality of waters of the New Hope Creek and <br />otherwise promote the public purposes authorized by Article 13A, Chapter 113 of the North <br />Carolina General Statues ("N.C.G.S. ") <br />H. The Grantor, Grantee, State and Fund (collectively referred to herein as the <br />"Parties ") hereto intend that the conservation values of the Easement Area will be preserved <br />and managed pursuant to the terms and conditions of said Grant Agreement entered into <br />between the Grantee and the Fund on the IS` day of May 1998, incorporated herein by <br />reference, and available for inspection in the offices of the North Carolina Department of <br />Environment and Natural Resources, the Grantor and Fund. The Parties further acknowledge <br />and agree that Grantee will accept this Conservation Easement; that the State will be the <br />ultimate Grantee and Holder of this Conservation Easement; and, that Grantor has received <br />0 <br />
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