HomeMy WebLinkAbout2004 NS ERCD - County and OWASA Co-Holding of Conservation Easements AgreementAGREEMENT REGARDING CO-HOLDING OF
CONSERVATION EASEMENTS
THIS AGREEMENT is made by. and between ORANGE COUNTY, a body politic and corporate, a
political subdivision of the State of North Carolina, herein "County," and ORANGE WATER AND
SEWER AUTHORITY, an appointed public body of North Carolina operating pursuant to Chapter
162A of the North Carolina General Statutes, herein "OWASA."
WITNESSETH
WHEREAS, ORANGE COUNTY seeks to protect and promote agricultural land uses in
Orange County by purchasing Farmland Preservation Easements, and OWASA seeks to protect local
water resources by purchasing Watershed Protection Conservation Easements within the watersheds
tributary to OWASA's public drinking water storage reservoirs, including the Cane Creek Reservoir
and University Lake; and
WHEREAS, ORANGE COUNTY and OWASA have found it beneficial to both their
conservation programs, and in some instances preferable to interested Orange County landowners, to
negotiate to acquire Joint Farmland Preservation and Watershed Protection Conservation Easements on
lands being farmed within the said watersheds; and
WHEREAS,. ORANGE COUNTY and OWASA desire to enter into this Agreement to clarify
and formalize their understanding about how such Joint Conservation Easements will be acquired,
fmanced, managed and enforced, and how any reimbursement received from federal, state, or private
sources for the costs of such easements will be distributed.
NOW, THEREFORE, ORANGE COUNTY and OWASA agree:
1. Orange County and Orange Water and Sewer Authority may undertake and agree to
purchase Conservation Easements on lands located within areas both have interests in and desire to
protect, including, but not limited to, a portion of two tracts in Bingham Township owned by John D.
Lloyd and wife Carolyn Lloyd, being approximately 118 acres identified on County Tax Maps 6.16..24
and 6.17..3, with the County PINS 9820-87-4081 and 9820-78-6646; and a tract owned by William E.
McPherson Jr. and William McPherson III, located in Bingham Township, being approximately 46.54
acres identified on the County Tax Map 6.8..3, with the County PIN 9822-44-3024.
2. Such Conservation Easements shall run in favor of both the County and OWASA, and
shall include language protective of the interests of the County and OWASA, as finally approved by
the Board of County Commissioners and the Board of Directors of OWASA, or their delegates, and
providing such Joint Easements maybe enforced by either or both parties. ORANGE COUNTY and
OWASA agree to cooperate with each other in activities necessary to assure compliance with, and in
enforcement of such Conservation Easements.
3. ORANGE COUNTY and OWASA will share the cost of such easements. With regard
to the said Lloyd and McPherson easements, each shall pay one-half the cost of each easement,
including costs associated with surveys, appraisals, property reports, title insurance and closing. Each
entity shall pay its own attorneys fees. Notwithstanding the foregoing, any reports or information
required for either entity to seek separate reimbursement for its costs shall be paid by that entity.
4. Each party shall cooperate fully with the other by all reasonable means to assist in
applications for reimbursement of the acquisition costs of such Joint Conservation Easements.
In the event any reimbursement is received by OWASA from sources intended to protect water
quality in water supply watersheds, such as from the North Carolina Clean Water Management Trust
Fund, such reimbursement shall be the sole property of OWASA.
In the event any reimbursement is received by ORANGE COUNTY from sources intended to
encourage farmland preservation or other sustainable farming or silviculture practices, such
reimbursement shall be the sole property of Orange County.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers, to be effective from and after , 2004.
ORANGE COUNTY, NORTH CAROLINA
By:
Barry Jacobs, Chair
Orange County Board of Commissioners
ATTEST:
By:
Donna S. Baker
Clerk to the Board of Commissioners
ORANGE WATER AND SEWER AUTHORITY
By:
Ed Kerwin
Executive Director
ATTEST:
By:
Secretary
AFFIX SEAL:
AFFIX SEAL: