HomeMy WebLinkAboutAgenda - 11-14-2006-5eORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 14, 2006
Action Agenda
Item No. ~ -~ ~',
SUBJECT: Agreement for County Co-Holding of Conservation Easements with the Eno
River Association
DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No
Conservation
ATTACHMENT
Proposed Agreement
INFORMATION CONTACT:
Geof Gledhill, 732-2196
David Stancil, 245-2590
Rich Shaw, 245-2591
PURPOSE: To consider an agreement between Orange County and the Eno River
Association for the co-holding of conservation easements.
BACKGROUND: The protection of riparian buffers in water supply watersheds in Orange
County is a longstanding goal of the Board of Commissioners. During the past six years that
goal has been implemented in part through the County's Lands Legacy Program, with over
1,663 acres of conservation lands 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 nature, culture and history 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 riparian buffers and aquatic habitat 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 advance of several joint conservation
projects being considered by both parties. The Board will consider the County's participation
in these 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, an
elected local body of local government of North Carolina, herein "County," and the
ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER VALLY, 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
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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized officers, to be effective from and after
2006.
ORANGE COUNTY, NORTH CAROLINA
By:
Barry Jacobs, Chair
Orange County Board of Commissioners
ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER VALLEY, INC.
By:
Holly Reid, President