HomeMy WebLinkAboutAgenda - 01-24-2012 - 5nORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 24, 2012
Action Agenda
Item No. ~-- f l
SUBJECT: Agreement for County Co-Holding of Conservation Easements with the Eno
River Association
DEPARTMENT: Environment, Agriculture,
Parks & Recreation (DEAPR)
PUBLIC HEARING: (Y/N) No
ATTACHMENT
Proposed Agreement
INFORMATION CONTACT:
David Stancil, 245-2510
Rich Shaw, 245-2514
John Roberts, 245-2318
PURPOSE: To consider an agreement between Orange County and the Eno River
Association for the co-holding of conservation easements.
BACKGROUND: The protection of significant natural and cultural resource lands is a
longstanding goal of the Board of Commissioners. During the past 12 years that goal has
been implemented in part through the County's Lands Legacy Program, with over 2,700
acres protected thus far. One of the methods used by the Lands Legacy Program to protect
riparian buffers is through conservation easements with private landowners.
The Eno River Association (the "Association") is anon-profit land trust that seeks to protect
the natural and cultural assets of the Eno River basin through various means, including the
acquisition of conservation easements along the Eno River and its tributaries.
In some cases, it would be beneficial (or preferable to interested landowners) for Orange
County and the Association to collaborate on the acquisition of conservation easements
whose purpose is to protect significant conservation lands in the Upper Eno watershed. For
those instances, it would be helpful for both parties to have a written agreement that would
clarify and formalize the collaboration.
The County Attorney has worked with the attorney for the Association to prepare the attached
agreement for the Board of Commissioners and the Association board of directors'
consideration and approval. The agreement addresses how jointly held easements would
be acquired, financed, managed and enforced. It also addresses how any reimbursement
received from federal, state, or private sources for the costs of such easements would be
distributed. The County entered into a similar agreement with the Orange Water and
Sewer Authority (OWASA) in 2005.
The proposed agreement is being considered in conjunction with the Brooks farm
conservation easement that is being considered by both parties. The Board will consider the
County's participation in that and future easement projects in separate action.
FINANCIAL IMPACT: The agreement would not, in and of itself, result in any financial
impact to the County. It would, however, help to determine the specific cost share for both
the County and the Eno River Association in projects authorized by separate action by the
Board.
RECOMMENDATIONS: The Manager recommends that the Board approve the agreement
regarding the co-holding of conservation easements with the Eno River Association, subject
to final review by the County Attorney, and authorize the signing of said agreement by the
Chair and Clerk.
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AGREEMENT 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 the ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER
VALLEY, INC., a North Carolina non-profit corporation, herein "Eno River
Association."
WITNESSETH
WHEREAS, ORANGE COUNTY seeks to protect and promote water quality,
natural areas and wildlife habitat, open space, and agricultural land uses in Orange
County by acquiring Conservation Easements consistent with an adopted Lands Legacy
action plan; and
WHEREAS, the ENO RIVER ASSOCIATION seeks to protect the nature, culture
and history of the Eno River basin by acquiring Conservation Easements along the Eno
River and its tributaries; and
WHEREAS, ORANGE COUNTY and the ENO RIVER ASSOCIATION have
found it beneficial to both their conservation programs, and in some instances preferable
to interested Orange County landowners, to jointly negotiate to acquire Conservation
Easements on lands that both have interests in protecting; and
WHEREAS, ORANGE COUNTY and the ENO RIVER ASSOCIATION desire to enter
into this Agreement to clarify and formalize their understanding about how such Joint
Conservation Easements will be acquired, financed, managed and enforced;
NOW, THEREFORE, ORANGE COUNTY and the ENO RIVER ASSOCIATION
agree:
1. Orange County and the Eno River Association may undertake and agree to
acquire by purchase or donation Conservation Easements on lands located within areas both have
an interest in and desire to protect.
2. Such Conservation Easements shall run in favor of both the County and the Eno
River Association, and shall include language protective of the interests of the County and the
Eno River Association as finally approved by the Board of County Commissioners and the Board
of Directors of the Eno River Association or their delegates, and providing that such Joint
Easements may be enforced by either or both parties. Orange County and the Eno River
Association agree to cooperate with each other in activities necessary to assure compliance
with, and enforcement of such Conservation Easements.
3. Orange County and the Eno River Association will share the cost of acquiring
such easements as they shall determine on a case-by-case basis. Each entity 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. Notwithstanding the foregoing, any
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reports or information required for either entity to seek separate reimbursement for its costs shall
be paid by that entity. Each entity shall pay its own attorneys fees.
1N WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their duly authorized officers, to be effective from and after , 2012.
ORANGE COUNTY, NORTH CAROLINA
By:
Bernadette Pelissier, Chair
Orange County Board of Commissioners
ATTEST:
By:
Donna S. Baker
Clerk to the Board of Commissioners
ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER VALLEY, INC.
By:
Milo Pyne, President
ATTEST:
By:
Bercedis Peterson, Secretary
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