IKC Acquires the Orangeville Rise!!

As of May 5, 1999, the IKC has acquired the Orangeville Rise. The second-largest spring in Indiana, the Rise provides a new headwaters for the Lost River system, and is a National Natural Landmark and a state-dedicated nature preserve. The property consists of a little over three acres of land within the town of Orangeville, Indiana (see more photos).

This property is a "gift" from The Nature Conservancy of Indiana. Over time, TNC has recognized that this property would benefit from the kind of increased focus and active stewardship that the IKC would provide. In turn, the IKC certainly benefits, since this property may trigger additional grants or gifts of land. The IKC would like to thank The Nature Conservancy for their foresight, and for so forcefully demonstrating their confidence in the IKC as both a credible land trust and responsible stewards of karst properties in the Hoosier state.

The articles of dedication and Master Plan for the Orangeville Rise are outlined below. Questions or suggestions may also be directed to:

Steve Lockwood
Orangeville Rise Property Manager
3608 Sundance Dr
New Albany, IN 47150-5512
E-mail: slockwood@hci-in.com


ARTICLES OF DEDICATION ORANGEVILLE RISE OF LOST RIVER NATURE PRESERVE

Pursuant to the provisions of Chapter 266 of the Acts of 1967, as amended by Acts of 1972, Public Law 107, and solely for the uses and purposes set forth in said Act as of the date of these Articles of Dedication, and upon and subject to the conditions under which Grantor took title to the real estate hereinafter described as set forth in the deed of Anna L. Pinnick, a widow and Henry T. Holland, Chairman, Opposition to Lost River Springs Valley Conservancy District and Ruth Holland his wife to Grantor dated the 4th day of December, 1972, and recorded on the 29th day of December, 1972, in Orange County Record No. 120 all of which conditions are incorporated herein by reference thereto as set forth herein in full. The Nature Conservancy, a not-for-profit corporation of the District of Columbia having its principal office in the City of Arlington, Virginia, hereby dedicates to the Department of Natural Resources of the State of Indiana, under the provisions of said Act, voluntarily and without consideration, (subject, however, to termination as hereinafter provided) a perpetual nonexclusive easement in the following described real estate herein called Orangeville Rise of Lost River Nature Preserve located in Orange County, Indiana:

A part of the Southeast quarter of Section 6, Township 2 North, Range 1 West, Orange County, Indiana. More particularly described as follows:  Beginning at a 1/2-inch iron pipe which marks the Northeast corner of Lot Number 1 in the town of Orangeville as platted in the Orange County Indiana recorder's office June 18, 1849; thence N 90° E (assumed bearing) along the South line of Street Number One in the Town of Orangeville 190.65 feet to a railroad spike in the center of a county blacktop road known as the Orangeville-Paoli Road; thence S13°26.0'W along the centerline of the said road 426.84 feet to a railroad spike; thence S 33°30.8'W 164.69 feet to a railroad spike; thence leaving the said road S33°13.3'W 102.54 feet to a 1/2 inch iron pipe; thence S33°54.1'W 38.00 feet to the center of the Dry Bed of Lost River; thence along the centerline of the said Dry Bed N48°29.5'W 180.59 feet to the point where the centerline of the Dry Bed intersects the centerline of Lost River; thence N64°36.2'W along the centerline of Lost River 6.64 feet; thence leaving the centerline of Lost River N24°14.4'E 528.15 feet to a l/2 inch iron pipe at the Southeast corner of the aforesaid Lot Number One, Town of Orangeville, Indiana; thence N01°l9.1'E along the East line of lot One 65.49 feet to the point of beginning. Containing 3.017 acres more or less, and subject to all legal rights-of-way and easements.

Grantee hereby accepts such dedication and holds its estates, rights and interests hereunder in the Nature Preserve in trust for the People of the State of Indiana under the provisions of said Act.

Subject to said deed conditions the Nature Preserve shall be used, administered, managed and protected by the Administrator (as defined in the Master Plan) in accordance with the provisions of the Policies for Administration and Management of Indiana Nature Preserves and Registered Natural Areas adopted by Grantee and in effect on May 1, 1969, of these Articles of Dedication and of the Master Plan for the Nature Preserve adopted by Grantor and Grantee, to be effective on last date appearing below, all of which are on file in Grantee's office in Indianapolis, Indiana, and in Grantor's office in Arlington, Virginia, (which Policies and Master Plan are hereby approved and adopted by Grantor as the rules and regulations for the Nature Preserve as provided in said deed conditions), together with such amendments of laid Policies or Master Plan as may be adopted by Grantee in writing and approved and adopted by Grantor in writing from time to time and as are not inconsistent with the provisions of said Act, these Articles of Dedication or said deed conditions.

Grantee shall not grant any estate, interest or right in the Nature Preserve, or dispose of the Nature Preserve, or any part thereof, or any of its interests or rights therein, without Grantor's prior written consent.

In the event that, in contemplation of a taking of the Nature Preserve or any part thereof for another use, the Natural Resources Commission of the State of Indiana should find, after a public hearing, that an imperative and unavoidable public necessity exists for such taking and the Governor of the State should approve of such taking, all as provided in Sections 8 and 9 of said Act, this dedication and all estates, rights and interests created by these Articles of Dedication shall automatically terminate and be of no further force or effect as to the area subject to such finding and approval.

If and whenever said Act is amended, Grantor shall have the right to terminate this dedication and all estates, rights and interests created by these Articles of Dedication by giving written notice of such termination to Grantee at any time within one year after said amendment becomes effective.

As used in these Articles of Dedication, the word "Grantor" means The Nature Conservancy or such other organization as may have title to the above described real estate under said deed conditions.

Neither the uses and purposes for which the Nature Preserve is dedicated nor the provisions of these Articles of Dedication shall expire or lapse or be deemed fully satisfied by virtue of compliance therewith for any period of time.

IN WITNESS WHEREOF, The Nature Conservancy and the Department of Natural Resources of the State of Indiana have caused these Articles of Dedication to be signed by their duly authorized officers on the respective dates appearing below.

THE NATURE CONSERVANCY
Dated: 3/14/75

BY: G. Jon Roush
Executive Vice President

Attest: Richard G. Traurig
Assistant Secretary

STATE OF INDIANA
NATURAL RESOURCES COMMISSION
Dated: March 20, 1975

John A. Hillenbrand, II
Chairman

Attest: Joseph D. Cloud
Secretary

Approved as to Form and Legality this 5 day of June, 1975.

DEPARTMENT OF NATURAL RESOURCES

Joseph D. Cloud, Director

Theodore L. Sendak, Attorney General
State of Indiana

DEPARTMENT OF NATURAL RESOURCES
DIVISION OF NATURE PRESERVES

William B. Barnes, Director

Approved this 13th day of June, 1975

Otis R. Bowen, M.D.
Governor, State of Indiana

This Instrument Prepared By:

Dennis B. Wolkoff, Attorney at Law
205 Washington Street
Columbus, Indiana 47201


MASTER PLAN ADMENDMENT OF ORANGEVILLE RISE OF THE LOST RIVER NATURE PRESERVE


BEING EXHIBIT "A" TO ARTICLES OF DEDICATION
ENTERED INTO BETWEEN THE NATURE CONSERVANCY AND
THE DEPARTMENT OF NATURAL RESOURCES OF THE STATE OF INDIANA


The Master Plan for Orangeville Rise of the Lost River Nature Preserve, Orange County, Indiana adopted by the Natural Resources Commission on March 20, 1975, and recorded as a part of the Articles of Dedication for the Nature Preserve on June 18, 1975 in Orange County Record No. 28, page 351-59, is hereby amended by deleting in total such original Master Plan and by substituting the Amendment of Master Plan which follows.

  1. This Master Plan applies to a Nature Preserve which contains a noteworthy geological feature, a site at which the underground Lost River comes to the surface. The preserve also contributes to the protection of the rare Amblyopsis spelaea (northern blind cave fish) and other cave fauna. In addition, the preserve contains some wooded land, several watercourses, and some old field.
  2. This Nature Preserve is owned by The Nature Conservancy, a not-for-profit corporation of the District of Columbia. The Nature Preserve is located in Orangeville Township, in Orange County, Indiana, a more detailed description being contained in the Articles of Dedications of which this Master Plan is a part and to which it is attached.
  3. As used in this Master Plan, "Department" means the Department of Natural Resources of the State of Indiana, or such other governmental agency as succeeds to its rights and duties (including particularly its rights and duties under the Nature Preserve Act, heretoafter called "Act," and "Administrator" means The Nature Conservancy, or such other entity as succeeds to The Nature Conservancy's rights and duties, and "Nature Preserve" shall be that area described as such in the Articles of Dedication of which this is a part.
  4. The custody, administration, and management of the Nature Preserve shall be the responsibility of the Administrator pursuant to the Act, and Articles of Dedication of the Nature Preserve, and this Master Plan. The Nature Preserve may be used for all purposes stated in the Act, but subject to the provisions of this Master Plan. Action required or permitted by this Master Plan may be taken only by the Administrator, or by parties designated in writing by the Administrator for particular actions. All provisions of the Master Plan shall be interpreted in the light of the basic intention of this Master Plan that the Nature Preserve shall be managed to preserve and enhance the geological feature it protects and the rare species which utilize the site. As such the preserve shall be dedicated for the purposes of the Act and in furtherance of the public policy of the State of Indiana as declared in the Act.
  5. The primary visitor activities in the Nature Preserve shall be walking, observing, nature study, and scientific and educational projects. Such activities will be permitted to the extent such visitation is consistent with the above described management objectives.
  6. No additional easement or right-of-way or other intrusion and no structure, development, impairment, disturbance, or use which is not permitted by this Master Plan shall be established or be allowed to continue.
  7. Boundary markers and a boundary fence with necessary access gates may be placed around the perimeter. Such developments should be installed with the least possible disturbance to the soil, plants or animals.
  8. Appropriate foot trails may be installed within the area of the Nature Preserve. Other developments, construction or improvements (including a parking lot) that are agreed upon, in writing, by both the Administrator, or its designee, and the Director of the Division of Nature Preserves of the Indiana Department of Natural Resources, or his designee, and are not inconsistent with the intent of this document, may also be permitted.
  9. Cutting or planting of grass, brush or other vegetation, thinning of trees, and/or opening of scenic vistas, are permissible if approved as specified in paragraph 8 above.
  10. Water levels shall not be altered intentionally except when essential for the restoration or maintenance of natural conditions, or in regard to any existing legal ditches. All alterations require joint approval of both the Department and Administrator.
  11. Except as provided in this Master Plan, there shall be no removal or use of any natural material, product, or object in the Preserve, unless agreed upon by the Department and Administrator. Removal of natural material for specimens is disfavored (excepting as discussed elsewhere in this Master Plan), and shall be permitted, when permitted, for scientific purposes only. Approval of the Administrator must be obtained before any collecting is permitted on the Preserve. The Administrator shall inform the Department as to all research taking place on the Preserve, in order that the Department be properly informed as to the use of the Preserve. All activities, including both visitor use and scientific use shall be permitted only to the extent that the Preserve can tolerate them without substantial damage to the management objectives described in paragraph 4. All biological management of the Preserve, including prescribed burning and the removal of use of natural material, plants and animals, shall be done in accordance with a Management Plan, which shall be formulated by the Administrator and approved by the Department. Species of plants and animals which are declared as noxious by the State of Indiana, and aggressive exotic and native species which are detrimental to the quality of the Nature Preserve, may be controlled and removed in accordance with State Law. Herbicides proven to be effective and safe in natural area management may be used only if directly applied to cut stumps or to the species to be eradicated. In the case of animals, the control and removal shall be by the most current acceptable methods, and in the most humane way possible. Absent written permission from the Department, no eradication not provided for in the Management Plan may be undertaken sooner than ten days after notice has been mailed to the Department, and may be done only in accordance with the most current information available on natural areas management.
  12. Native plants and animals may be introduced into the nature preserve as provided here below. The provisions of this paragraph are intended only for those species whose populations are few and small, and thus vulnerable to population declines and possible extirpation from the State of Indiana.
    If the Department and the Administrator agree, a species may be introduced to the preserve in order to re-establish a plant or animal population that was historically known to occur in what is now the nature preserve, but that no longer occurs there, or to establish a population of plant or animal that is now known or was historically known to occur in the same community type within a 50 mile radius of the preserve. Such introduction shall be limited to species which are considered rare, threatened, or endangered in Indiana according to the most current listing by the Department of Natural Resources.
  13. Erosion and soil deposition may be controlled in a manner jointly agreed to by both parties.
  14. The following activities are prohibited, except as otherwise described in the Master Plan, Management Plan, or Articles of Dedication, but their inclusion shall not restrict the right to prohibit other activities considered inconsistent with this Master Plan or the purposes of this Preserve: all terrain vehicles; snowmobiles; grazing by domestic animals; farming; surface mining for coal; quarrying; camping; fires; logging; vehicular traffic, except for parking areas, and for emergency or maintenance; hunting; trapping; and the removal, disturbance, molestation, or defacement of minerals, plants, animals, or natural features, except as provided elsewhere in this or appurtenant documents.
  15. Both the Administrator and the Department shall periodically inspect the Nature Preserve to insure that the objectives for which the preserve has been established are served as well as possible.

IN WITNESS WHEREOF, The Nature Conservancy and the Department of Natural Resources of the State of Indiana have adopted this Master Plan as of the 2nd day of March, 1987.

STATE OF INDIANA
NATURAL RESOURCES COMMISSION

James H Lahey, Chairman
ATTEST: James M. Ridenour, Secretary

THE NATURE CONSERVANCY

John Humke, Vice President
ATTEST: Jane Prohaska, Assistant Secretary

STATE OF INDIANA )
                 )  SS:
COUNTY OF MARION )

Before me, a Notary Public in and for said County and State, personally appeared this 24th day of March, 1987 , James H. Lahey, Chairman, Natural Resources Commission, James M. Ridenour, Secretary, Natural Resources Commission, and Director, Department of Natural Resources, and John A. Bacone, Director, Division of Nature Preserves, Department of Natural Resources, all respectively known by me to be such officers of the Department of Natural Resources, and acknowledged their execution of the foregoing instrument to be their free and voluntary acts and deeds as such officers and for and on behalf of said Commission.

IN WITNESS THEREOF, I have hereunto set my hand and seal.

Eva G Barry, Notary Public
My Commission Expires: 9-5-87
County of Residence: Hancock

This instrument was prepared by W. William Weeks, attorney at law.


MEMORANDUM OF UNDERSTANDING

The undersigned, as duly appointed officers of the Indiana Karst Conservancy, The Nature Conservancy and the Indiana Department of Natural Resources, Division of Nature Preserves acknowledge that they have reviewed the Orangeville Rise of the Lost River Nature Preserves [sic] Articles of Dedication and Master Plan as accepted by the State of Indiana Natural Resources Commission on March 20, 1975 and as amended on March 2, 1987. Each party recognizes that The Nature Conservancy granted a perpetual nonexclusive easement for the Orangeville Rise of the Lost River Nature Preserve under the Indiana Nature Preserve Act (I.C. 14-31-1) with such easement binding upon any other organization as may have title to the property. Furthermore, the custody, administration, and management of the Nature Preserve, as set forth in the Nature Preserve Act and The Articles of Dedication and Master Plan of Orangeville Rise of Lost River Nature Preserve, shall be the responsibility of such entity or organization that succeeds to The Nature Conservancy's rights and duties.

Kriste J Lindberg, Indiana Karst Conservancy
5/5/99

Leslie L Zimmer, The Nature Conservancy
5/5/99

John A Bacone, IDNR Division of Nature Preserves
May 5, 1999