HomeMy WebLinkAboutAgenda - 04-21-2009 - 4lORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 21, 2009
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Action Agenda
Item No. ~'
SUBJECT: Amendment to Approved Conservation Easement for the Future Northeast
District Park (former Kirby property)
DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No
Conservation
ATTACHMENTS INFORMATION CONTACT:
Amendment to Conservation Easement David Stancil, 245-2590
Survey Plat of the Property Rich Shaw, 245-2590
Aerial Map of the Property
PURPOSE: To consider an amendment to the conservation easement that was approved
previously by the Board for the future Northeast District Park (former Kirby property).
BACKGROUND: On December 31, 2007 Orange County purchased a 143-acre .property
located south of Schley Road in Little River Township. The land was acquired from Mr. and
Mrs. F.M. Kirby for a future County park and other potential public facilities and services.
The County's contract to purchase the property required the County to be the grantee of a
conservation easement in the Kirby property prohibiting, among other things, the location of a
solid waste landfill or a solid waste transfer station on the property. The County also agreed
to convey a conservation easement to the Triangle Land Conservancy (or another qualified
conservation organization) "upon terms and conditions substantially similar to the terms and
conditions contained in the conservation easement conveyed by the Kirbys to the County."
On December 11, 2008 the Board approved Orange County granting a conservation
easement to the Triangle Land Conservancy. The conservation easement will prohibit the
location of a solid waste landfill or a solid waste transfer station on the property and will
restrict permitted development from encroaching on forested "envelopes" which include
stream corridors.
A closing on the conveyance by the County to the Triangle Land Conservancy of the
conservation easement was expected to occur by the end of 2008. The closing was delayed
in order for agreement to be reached between the Kirbys (the former owners of the property)
and the County on restricting the location of a future solid waste convenience center.
The copy of the conservation easement which is attached, at paragraph number 1c, restricts
the location of a future solid waste convenience center to the area south of the line described
in that paragraph. That line is illustrated on the copy of the attached plat. The site for a future
solid waste convenience center that has been previously identified by the Solid Waste staff
and the Board of Commissioners is roughly the cleared area of the property along Mincey
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Road. This cleared area is shown on the attached color aerial photograph. The restriction in
the conservation easement as to the location of the future convenience center site more than
accommodates the previously identified area for the center.
FINANCIAL IMPACT: None.
RECOMMENDATIONS: The Manager recommends the Board approve the proposed
amendment to the conservation easement, subject to final review by staff and County
Attorney, with a closing and recordation of the document expected to occur. on or about May
31, 2009.
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c. Trash and Landfills. Except as expressly permitted herein, the dumping or
storage on the Property of soil, trash, refuse, debris, ashes, garbage, waste, abandoned vehicles or parts,
appliances, machinery, hazardous substances or toxic or hazardous waste is prohibited. Operating or
authorizing others to operate a solid waste landfill on the Property is prohibited. Operating or authorizing
others to operate a solid waste transfer station on the Property is prohibited. Subject to the terms hereof,
an Orange County community recycling and solid waste disposal convenience center may be located and
operated within the Interior Core, along with the location and storage of recycling and solid waste within
such center consistent with Grantor's community recycling and solid waste disposal convenience center
operation policies; provided, however, that (i) the location of such recycling and solid waste disposal
center must be south of a line with a bearing of N88°03'11"E beginning at a point identified as "A"
on the western boundary of the Property and ending at point identified as "B" on the eastern
boundary of the Property as shown on Map 1 of 2 of the Plat; (ii) the location and operation of such
recycling and solid waste disposal convenience center is at all times in compliance with the OSWCD
Guidelines (as hereinafter defined) issued by Orange Soil and Water Conservation District ("OSWCD")
pursuant to paragraph 2 hereofi and (iii any road or drive providing vehicle access to such center shall
connect to Mincey Road only and shall not connect to Schley Road_
2. Actions Restrictions and Allowances Specific to the Interior Core and the Western Field.
a. Grantor will request that the OSWCD issue guidelines for the use of the Western
Field and Interior Core (the "OSWCD Guidelines") within one year of the execution of this Conservation
Easement. The OSWCD Guidelines shall establish guidelines, limitations and restrictions on Grantor's
use of the Western Field and the Interior Core to ensure that uses of those Areas do not detrimentally
affect or impact the Conservation Values in the Envelopes and the Water Quality Buffers (as hereinafter
defined). The OSWCD Guidelines shall include, without limitation, guidelines, limitations and
restrictions relating to the following:
i. Sediment and soil erosion;
ii. Water quality;
iii. Animal waste management;
iv. Stream bank stabilization and stream protection;
v. Nutrient management;
vi. Storm water controls; and
vii. Riparian restoration.
b. As soon as possible and at least six (6) months prior to the commencement of any
specific intended use of the Western Field or Interior Core by Grantor (the "Specific Use"), Grantor shall
present its plans for the Specific Use to OSWCD for review by OSWCD for consistency with the
OSWCD Guidelines as is necessary to ensure that the Specific Use does not detrimentally affect or impact
the Conservation Values in the Envelopes and the Water Quality Buffer.
c. Grantor shall take any and all actions required or recommended by the OSWCD in
connection with its ownership and use of the Western Field and the Interior Core. Grantor shall neither
take nor allow any action in the Western Field or the Interior Core that violates the OSWCD Guidelines.
3. Allowances and Restrictions in the Water Quality Buffer the Western Water Ouality
Envelope and the Eastern Forest Envelope.
a. Except as expressly permitted herein in this paragraph 3.a., Grantor shall leave
the eighty-five (85) foot Water Quality Buffer located in the Envelopes and shown on the Plat ("the Water
Quality Buffer") in its natural, undisturbed state, and Grantor shall take no action, including, without
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