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HomeMy WebLinkAboutAgenda - 10-05-2004-5iORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 5, 2Q04 Action Agenda , Item No. ,5 - i SUBJECT: Agreement for County and OWASA Co-Holding of Conservation Easements DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No Conservation ATTACHMENT INFORMATION CONTACT: Proposed Agreement Geof Gledhill, 732-2196 David Stancil, 245-2590 Rich Shaw, 245-2591 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider an agreement between Orange County and the Orange Water and Sewer Authority (OWASA) for the co-holding of conservation easements. BACKGROUND: The acquisition of agricultural conservation easements to help preserve prime farmland in Orange County is a longstanding goal of the Board of Commissioners. During the past four years, that goal has been implemented in part through the County's Lands Legacy Program, with over 415 acres of farmland protected thus far, Additional public benefits have been achieved by focusing those efforts in water supply watersheds. The Orange Water and Sewer Authority (OWASA) seeks to protect water resources by various means, including the acquisition of watershed protection conservation easements within the Cane Creek and University Lake watersheds. Some of those conservation easements executed by OWASA also help to protect farmland and woodlands by limiting the potential for future development of the easement properties, In some cases, it would be beneficial (or preferable to interested landowners) for Orange County and OWASA to collaborate on the acquisition of conservation easements whose purpose is to protect prime farmland in the Cane Creek or University Lake watersheds, For those instances, it would be helpful far both parties to have a written agreement that would clarify and formalize the collaboration. The County Attorney has worked with the attorney for OWASA to prepare the attached agreement for the Board of Commissioners and OWASA 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, z The proposed agreement has been tailored for two specific projects underway by bath parties to acquire joint conservation easements on the McPherson and Lloyd farms, both located within the Gane Creek watershed, However, it also will apply to future collaborations between the County and OWASA, The Board will consider the County's participation in these two projects in separate actions on its October 5 agenda, 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 cast share for both the County and OWASA 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 Orange Water and Sewer Authority, subject to final review by the county attorney, and authorize the signing of said agreement by the Chair and Clerk. 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 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." WITNESSETA 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 Fazmland 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, financed, 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 Connnissioners and the Board of Directors of OWASA, or their delegates, and providing such .Joint Easements maybe enforced by either or both parties. ORANGE C_.OUNTY 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 .Ioint 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 fazmland preservation or other sustainable fazming 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 I{erwin Executive Director ATTEST: By: Secretary AFFIX SEAL: AFFIX SEAL: