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S Conservation Easement - ERCD - Resolution of Approval – Conservation Easement for Stillhouse Creek -03-27-2007-5i
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S Conservation Easement - ERCD - Resolution of Approval – Conservation Easement for Stillhouse Creek -03-27-2007-5i
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6/18/2009 10:55:38 AM
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BOCC
Date
3/27/2007
Meeting Type
Regular Meeting
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Others
Agenda Item
5i
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Agenda - 03-27-2007-5i
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\Board of County Commissioners\BOCC Agendas\2000's\2007\Agenda - 03-27-2007
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~3 -~ ?.d ~ <br />~~. <br /> <br />• <br />STATE OF NORTH CAROLINA <br />ORANGE COUNTY <br />CONSERVATION EASEMENT <br />THIS CONSERVATION EASEMENT DEED, made this _ day of , 2007, <br />by and between Orange County, North Carolina, having an address of Post Office Box 8181, <br />Hillsborough, NC 27278 (hereinafter "Grantor"), and the State of North Carolina (hereinafter <br />"Grantee"), whose mailing address is State of North Carolina, Department of Administration, <br />State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations <br />Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, <br />and shall include singular, plural, masculine, feminine, or neuter as required by context. <br />WITNESSETH: <br />WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State <br />of North Carolina has established the Wetlands Restoration Program (as defined in N.C. Gen Stat. <br />§ 143-214.8) within the Department of Environment and Natural Resources for the purposes of <br />acquiring, maintaining, restoring, enhancing, and creating wetland and riparian resources that <br />contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic <br />habitat, wildlife habitat, and recreational opportunities; and <br />WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation <br />Easement pursuant to N.C. Gen. Stat. § 121-35; and <br />WHEREAS, the Ecosystem Enhancement Program in the Department of Environment <br />and Natural Resources has approved acceptance of this instrument; and <br />WHEREAS, the Department of Environment and Natural Resources, the North Carolina <br />Department of Transportation and the United States Army Corps of Engineers, Wilmington <br />District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in <br />Greensboro, NC on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement <br />Program is to provide for compensatory mitigation by effective protection of the land, water and <br />natural resources of the State by restoring, enhancing and preserving ecosystem functions; and <br />WHEREAS, the acceptance of this instrument for and on behalf of the State of North <br />Carolina has been granted to the Department of Administration by resolution as approved by the <br />Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, <br />• on the 8~' day of February 2000; and <br />
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