HomeMy WebLinkAboutAgenda - 06-21-2022; 8-j - Resolution of Approval – Amendment to the Iski (Panthers Branch) Conservation Easement 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 21, 2022
Action Agenda
Item No. 8-j
SUBJECT: Resolution of Approval — Amendment to the Iski (Panthers Branch)
Conservation Easement
DEPARTMENT: Environment, Agriculture, Parks
and Recreation (DEAPR),
County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
Resolution of Approval David Stancil, 919-245-2510
Iski Conservation Easement Amendment Christian Hirni, 919-245-2514
Vicinity Map James Bryan, 919-245-2319
Site Map
PURPOSE: To consider a resolution approving an amendment to a conservation easement held
by Orange County for property owned by the Eno River Association for the purpose of relocating
a planned parking area.
BACKGROUND: In November 2018 Orange County accepted a permanent conservation
easement for 56.29 acres owned by the Eno River Association. The land is comprised of two
adjacent parcels located north of Lebanon Road (Cheeks Township), which contains and protects
approximately 6,000 linear feet of the Eno River, Panthers Branch, and one unnamed tributary.
The Eno River Association granted the County a permanent conservation easement as part of
the acquisition process for what would become the "Panthers Branch Nature Preserve". The
materials from May 1, 2018 Board of Commissioners meeting, including the original recorded
conservation easement deed can be accessed at:
(http://server3.co.orange.nc.us:8088/weblink/0/doc/52245/Page1.aspx). The acquisition was
coordinated through the former Clean Water Management Trust Fund (now the NC Land and
Water Fund) to help protect the Eno River and its tributaries, as well as natural and forested areas
on site.
The Eno River Association is in the process of designing and developing an access road and
parking area to allow for the public to enjoy the nature preserve. In the process of planning and
design, the contractor communicated the inability to proceed as the designated area for the
access road and parking were inadequate for the needs, and would require adding fill to the
floodplain of the unnamed tributary. This would not be permissible per the original easement
language and would have negative effects on the identified "conservation values" of the property
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In response, the Eno River Association requested the contractor confirm a new location more
suitable for the parking area, in an area that would require limited land disturbance and that would
not alter the natural floodplain of the tributary. A new site was proposed and accepted by the
Association, and an amendment to the easement language is necessary in order for the
development of "Panthers Branch Nature Preserve" to proceed. A map is attached showing the
proposed area of amendment for this purpose.
The amendment would also eliminate the reference to two Exhibits that failed to be attached to
the conservation easement when recorded.
DEAPR staff has evaluated the proposed amendment relative to the purposes of the conservation
easement and the continued protection of the property's "conservation values." Staff has
determined that the new location of the development area would enhance the protection of the
forested stream corridor and drainage within, while allowing for the development of the preserve
for public enjoyment.
As such, DEAPR staff concurs with the proposed amendment and addition of Exhibit D to the
conservation easement, since it would strengthen the protection of natural resources recognized
and addressed by the conservation easement. DEAPR staff also concurs with the elimination of
the references to exhibits that are not attached to the conservation easement document.
The Eno River Association and DEAPR staffs have worked with the County Attorney's Office to
prepare the amendment to the deed of conservation easement attached, and pending approval,
plan to have the amendment recorded with the Orange County Register of Deeds shortly after
signing.
FINANCIAL IMPACT: As the Eno River Association will incur the costs of recording, there are
no new financial impacts to the County.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
impact is applicable to this item:
• RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY
Assess and where possible mitigate adverse impacts created to the natural resources of
the site and adjoining area. Minimize production of greenhouse gases.
RECOMMENDATION(S): The Manager recommends that the Board adopt the Resolution
approving the amendment to the conservation easement and authorize the Chair to sign the
Resolution and conservation easement amendment.
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RES-2022-037
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Approval of an Amendment to the
Conservation Easement
Between
Orange County and The Association for the Preservation of the Eno River Valley, INC
WHEREAS, The Association for the Preservation of the Eno River Valley, INC. owns 56.92 acres
of land located north of Lebanon Road in Orange County (Cheeks Township); and
WHEREAS, Orange County holds a conservation easement for the property that was recorded
on November 15, 2018; and
WHEREAS, Orange County and The Association for the Preservation of the Eno River Valley,
INC are willing to amend the conservation easement in such a way that Area P-2 added to the
easement area and Area P removed from the easement area, with both being of equal size and
only the shape being altered to adapt to the land and topographical features — the new
configuration to be depicted on a revised Exhibit D map of the property; and
WHEREAS, the amendment to the conservation easement on this property will improve the
preservation of the forested stream corridor and water quality for future generations, and also help
The Association for the Preservation of the Eno River Valley, INC with the development and
management of activities on the property;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does
hereby 1) approve the execution of an Amendment to the Deed of Conservation Easement with
The Association for the Preservation of the Eno River Valley, INC, in accordance with the terms
of the proposed Amendment, the final form and terms of which to be approved by DEAPR staff
and the County Attorney; and 2) authorize the Chair and the Clerk to sign the Amendment to the
Deed of Conservation Easement on behalf of the Board and cause it to be recorded with the
Orange County Register of Deeds, with a closing to occur on or before September 1, 2022.
This the 21' day of June, 2022.
Renee Price, Chair
Orange County Board of Commissioners
Laura Jensen, Clerk to the Board
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This instrument prepared by Robin Lackey Jacobs and John Roberts
Return to: John L. Roberts, Office of the Orange County Attorney
Box 8181, Hillsborough, NC 27278
STATE OF NORTH CAROLINA PINS: 9855-57-5135
COUNTY OF ORANGE 9855-67-2244
AMENDMENT TO
WARRANTY DEED OF
CONSERVATION EASEMENT
This Amendment to Warranty Deed of Conservation Easement(hereinafter
"Conservation Easement Amendment") is made on this day of ,
2022 by THE ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER
VALLEY,INC., a North Carolina nonprofit corporation, having an address of 4404 Guess
Road, Durham,NC 27712 (hereinafter"Grantor") and ORANGE COUNTY,NORTH
CAROLINA, having an address of Post Office Box 8181, Hillsborough,NC 27278 (hereinafter
"Grantee" or "the Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neuter
pronouns as required by context.
WHEREAS:
The Grantor is the sole owner in fee simple of certain real property located in Cheeks
Township, Orange County,North Carolina, described in that deed recorded in Book 6303, Page
520, Orange County Registry and shown as "Lot 313" and"Lot 4" on the Plat entitled
Page 1 of 7
5
"Conservation Easement Property Surveyed for State of North Carolina, Clean Water
Management Trust Fund& Eno River Association, Grant#2017-025"recorded in Plat Book
119, Page 94, Orange County Registry; and
Grantor previously conveyed to Grantee that"Warranty Deed of Conservation Easement"
recorded at Book 6547, Page 17, Orange County Registry, which encumbers Grantor's said real
property as described in Exhibit A therein(hereinafter"Conservation Easement"); and
Grantors and Grantee have agreed to amend the Conservation Easement, as expressly
provided herein; and references in this Conservation Easement Amendment to the "Property"
means the property described in Exhibit A of the Conservation Easement.
NOW, THEREFORE, for the reasons given herein and in consideration of the terms,
covenants and conditions set forth in the Conservation Easement and this Conservation
Easement Amendment, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Grantor and Grantee hereby amend the terms and provisions of
the said Conservation Easement as follows:
1. RECITALS E of the Conservation Easement is deleted in its entirety and replaced with
the following:
E. The characteristics and conservation values of the Easement Area, its current use,
and state of improvement, are described in a report entitled "Baseline Report for the lski
Property(Panther's Branch Natural Area)," dated May 8, 2017,updated July 11, 2018
(hereafter "the Baseline Report")prepared by the Grantor. The Grantor worked with the
Grantee to ensure that the report is a complete and accurate description of the Easement
Area as of the date of this Conservation Easement. It will be used by the Grantor and
Grantee to assure that any future changes in the use of the Easement Area will be consistent
with the terms of this Conservation Easement. However, the Baseline Report is not intended
to preclude the use of other evidence to establish the present condition of the Easement Area
if there is a question about its use.
2. Paragraphs 2.2 (b) and 2.2 (c) of the Conservation Easement are deleted in their
entirety and replaced with the following:
(b) Existing Structures &Improvements—The remains of a former residential structure
and outbuilding exist on a location identified as "Area A" on that Plat recorded in
Plat Book 119, Page 94 of the Orange County Registry. Existing structures and
improvements may be repaired and replaced within"Area A" and new buildings
located within"Area A"may be constructed without further permission from the
Grantee provided that such construction meets all applicable setback, zoning, and
construction regulations.
(c) New Parking Area Improvements—New parking area improvements consisting of a
driveway, parking area, fencing, and a vault privy system may be built without any
further permission of Grantee provided that such improvements are located within the
Page 2 of 7
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area marked as "Area P-2" on Exhibit D attached to this Amendment, provided that
such construction meets all applicable setback, zoning, and construction regulations.
"Area P" on that Plat recorded in Plat Book 119, Page 94 of the Orange County
Registry shall no longer be used for purposes of a driveway,parking area, or vault
system.
Any new structures or improvements proposed for locations outside of the "AREA A"
on that Plat recorded in Plat Book 119, Page 94 of the Orange County Registry and
"Area P-2" on Exhibit D attached to this Amendment shall be for educational or
recreational purposes only and may be built only with the advance written permission
of the Grantee. The Grantee shall give such permission within a reasonable time if it
determines that the proposed structure or improvement would not diminish or impair
the Conservation Values of the Easement Area or otherwise be inconsistent with this
Conservation Easement.
Page 3 of 7
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3. The following map added as Exhibit D to the Conservation Easement.
east-west to property line
approx_ 274.09'
1'' Pipe Bend
fr
S10°41'24"E
116.59'
east-westto property fine
apprcx_217.80'
N10°59'02"W S11°10'32"E
approx_208.79' 265.18'
N 74°38'45''W
22.04'
N76°38'26''W
65.96'
Area Shown
on Map
Iski Property
Exhibit D
Property Boundary 0 Area P — — - Streams
CWMTF Easement Buildings Mathematical Paint F "
®Area P-2 0 Parcels Existing Garner
Area A Powerlines Feet i
0 25 50 100 150 '
Page 4 of 7
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4. Except as expressly modified and amended herein, the terms,provisions, easements and
obligation, set forth in that Warranty Deed of Conservation Easement"recorded at Book
6547, Page 17, Orange County Registry, shall remain in full force and effect.
TO HAVE AND TO HOLD this Conservation Easement Amendment unto it's the
parties, their successors and assigns, forever.
Page 5 of 7
9
IN WITNESS WHEREOF,the Grantors and Grantee,intending to legally bind themselves,have set their
hands on the date first written above.
GRANTOR:
Association for the Preservation of the Eno River Valley,
Inc.
Jessica Sheffield, Executive Director
Accepted:
GRANTEE:
ORANGE COUNTY,NORTH CAROLINA
By:
, Chair
Orange County Board of Commissioners
ATTEST:
By:
Clerk to the
Board of Commissioners
Page 6 of 7
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Acknowledgments
NORTH CAROLINA
COUNTY OF ORANGE
I, , a Notary Public of Orange County,North Carolina do hereby
certify that personally appeared before me and acknowledged the
due execution of the foregoing instrument.
Witness my hand and official stamp or seal this the day of 12022.
Notary Public
My commission expires:
NORTH CAROLINA
COUNTY OF ORANGE
I, , a Notary Public of Orange County, North Carolina do hereby
certify that personally appeared before me this day and acknowledged that she
is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority
duly given and as the act of Orange County, North Carolina the foregoing instrument was signed
in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said
Board of Commissioners.
Witness my hand and official stamp or seal this the day of , 2022.
Notary Public
My commission expires:
Page 7 of 7
Panthers Branch Conservation Easement- Context Map 11
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Tract Information: 0 1,375 2,750 5,500 8,250 11,000 Feet
Legend
Landowner: Eno River ORANGE COUNTY Roads
Association Tract Boundary
Lat: 36' 06.23" Streams
Long: 79' 08.91" �1 EW County Open Space
Date: 06/03/2022 ���``
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Image: 2021 Aerial Photo
® County Easements
Created By: Christian Hirni
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