Agenda - 12-01-2003-5b - Laserfiche WebLink

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1 Volpe Conser~~ation Easement I1-24-0.3 draft (clemr) (December 1988), by Dawson Sather and Stephen Hall in coordination with the North Carolina Natural Heritage Program. The Easement Area also includes land within a zone designated by Orange County as a "critical area" of a protected water supply watershed for the Corporation Lake Reservoir and Lake Ben .lolmson Reservoir. Another primary purpose of this Easement to protect the largely undeveloped nature of the Grantors' Property and, in doing so, helping to protect the high quality of that drinking water supply serving the people of central Orange County. The Easement Area also contributes to the open space and rural character of northern Cheeks Township and the Upper Eno Protected Watershed, so classified in the Orange County Zoning Ordinance and located northwest of the Town of Hillsborough. It is a further purpose of the Easement to help to protect the rttral char°acter and open space of northern Cheeks Township. The natural and wildlife habitat resources of the Grantors' Properly, and its contribution to the protection of the area water supply and rural character, are collectively referred to as the "conservation values" of the Easement Area, D, The characteristics of the Easement Area, its current use and state of improvement, are described in a report entitled "Baseline Report on the Marlc and Lori Volpe Property," dated , 200_ (hereafter "the Baseline Report") prepared by Grantee for the Grantors, of which a summary is attached as Exhibit A to this Conservation Easement, The Grantors worked with the Grantee to ensure that the report is a complete and accurate description of the Easement Area as of the date of this Conservation Easement, It will be used by the Grazrtors and Grantee to assure that any future changes in the use of the Easement Area will be consistent with the terms ofthis Conservation Easement. However, the Baseline Report is not intended to preclude the use of other evidence to establish the present condition of the Easement Area if there is a question about its use. E. The Grantors and Grantee have the common purpose of conserving the above-described conservation values of the Easement Area in perpetuity, azxd 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 N.C. Gen. Stat, §§ 160A-266 - 279, which provide for the enforceability of restrictions, easements, covenants or conditions "appropriate to retaining land or water areas predominazitly in their natural, scenic or open condition or in agricultural, horticultural, fanning, or forest uses," and which provide for tax assessment of lands subject to such agreements "on the basis of the true value of the land and improvements less any reduction in value caused by the agreement' ;and the Grantors azld Grantee wish to avail themselves of the provisions of those laws. Page 2 of 14