HomeMy WebLinkAboutORD-2011-010 Budget Ordinance Amendment #7-CORD -,q01 I - 010
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 3, 2011
Action Agenda
Item No. 4- - (E!�
SUBJECT: Public Trail Easement and Triangle Land Conservancy Funding Request for the
Brumley Forest Nature Preserve; and Approval of Budget Amendment #7 -C
DEPARTMENT: Environment, Agriculture,
Parks and Recreation
(DEAPR)
PUBLIC HEARING: (Y /N) No
ATTACHMENTS: INFORMATION CONTACTS:
Letter from TLC President David Stancil, 245 -2510
Map of Property Rich Shaw, 245 -2514
Draft Public Trail Easement
PURPOSE: To consider the acceptance of a public trail easement through the Triangle Land
Conservancy's Brumley Forest Nature Preserve and a request from Triangle Land Conservancy
for funding assistance for its "Brumley Forest" acquisition in May 2010.
BACKGROUND: In May 2010, Triangle Land Conservancy (TLC) completed a multi -year
negotiation with the Zeist Foundation in Atlanta to acquire 613 acres of land along New Hope
Church Road and Old NC 10 in Chapel Hill and Eno townships.
The property had been owned by George and Julia Brumley, who died tragically in a 2003
airplane crash. Title to the land transferred to the family's private foundation in Atlanta. The
landholding was one of the largest privately -held properties in Orange County. Stony Creek, a
major tributary of the Eno River, runs through the property and is one of several conservation
values (including identified prime forest) present on the site.
TLC purchased the property with over $4 million accumulated from state grant funds, private
donors, and the City of Raleigh's Upper Neuse Clean Water Initiative. The property, now known
as "Brumley Forest," was purchased as a bargain sale, with the Zeist Foundation donating
about half of the appraised market value.
As is standard practice, TLC will apply for property tax exemption. However, because the sale
took place in mid -year of 2010, a property tax bill for 2010 was generated including rollback
taxes from the use value tax status. A total of $216,000 in rollback taxes were paid by the
buyers and sellers at the closing. As a result, TLC was left with a prorated share of property tax
of $50,000. TLC as a non - profit entity does not qualify for use value taxation, and it is this
amount that has been requested from the Lands Legacy Program by the TLC President.
The County considered participating in the purchase of the Brumley Forest property in 2008, but
opted against becoming a funding partner due to the anticipated high cost of the proposed
purchase. The Board at that time did, however, indicate a willingness to consider funding
assistance in some smaller capacity if the land were acquired.
The Board considered the TLC request at an October 12, 2010 work session. The Board spoke
favorably toward providing funding assistance, but only if TLC would allow public access to the
property and the County were granted an interest in the property. The County Attorney
suggested that the County be granted a conservation easement that would achieve both of
those objectives. The Board directed staff and the County Attomey to work with TLC on such a
proposal for Board consideration.
County staff met with TLC representatives in January to discuss potential options. TLC
explained it had already negotiated a conservation easement with the Zeist Foundation and the
Eno River Association, which will restrict activities on portions of 613 -acre property that are not
suitable for public access. The parties decided to craft an easement for a public trail corridor
that would help implement multiple County objectives, including the approved NC Mountains -to-
Sea Trail corridor plan, which envisions a spur trail through the Brumley Forest property, and
the Stony Creek Small Area Plan (part of the Orange County Comprehensive Plan), which
envisioned a portion of this property as a possible park site.
A map of the Brumley Forest property is attached along with a draft public trail easement. The
specific route of the trail corridor has not yet been delineated, but it will traverse the property
along the same general route as the Stony Creek corridor. The TLC board will consider the
draft public grail easement for approval on March 16.
FINANCIAL IMPACT: The County would receive a public trail easement at a cost of $50,000 to
help offset the cost of property taxes and use value rollback taxes (three years, prorated). The
County's source of funds would be Payment -in -Lieu funds since this project would provide
public access for recreation and open space. The site falls within the Chapel Hill Township
District for payment -in -lieu funds, which has a balance of $73,184. Budget Amendment #7 -C
will transfer $50,000 from the Payment -in -Lieu fund (Chapel Hill Township District) to the
Conservation Easements Project.
Budget Amendment # 7 -C for Parks and Open Space Subdivision Payment -in -Lieu Fund
Revenues: Fund Balance Applied $ 50,000
Expenditures: Transfer to County Capital Projects $ 50,000
Conservation Easements:
Project # 20006
Revenues for this Droiect:
FY 2010 -11
Revised
FY2010 -11
Corrections
FY 2010 -11
Revised
Sales Tax. & Dedicated
Property Tax
$12.944
$12,944
Private: Placement
590,632
590,632
Grant Funds
322,000
322,000
Transfer from Other Funds
$50,000
50,000
Total Project Funding
$925,576
$50,000
$975,576
Appropriated for this project:
RECOMMENDATION(S): The Manager recommends that the Board authorize the acceptance
of the public trail easement from the Triangle Land Conservancy and authorize the Chair and
the Clerk to sign the easement agreement, subject to final review by staff and the County
Attorney, with a closing and recordation of the document expected to occur on or before March
31, 2011. The Manager also recommends the Board approve Budget Amendment #7 -C and
authorize the payment of $50,000 to Triangle Land Conservancy to help offset costs to acquire
the Brumley Forest Nature Preserve.
FY 2010 -11
Revised
FY2010 -11
Corrections
FY 2010 -11
Revised
Volpe Easement
$31,000
$31,000
Breeze Farm Easement
502,000
502,000
Brumley Forest
$50,000
50,000
Unallocated
392,576
392,576
Total Costs
$925,576
$50,000
$975,576
RECOMMENDATION(S): The Manager recommends that the Board authorize the acceptance
of the public trail easement from the Triangle Land Conservancy and authorize the Chair and
the Clerk to sign the easement agreement, subject to final review by staff and the County
Attorney, with a closing and recordation of the document expected to occur on or before March
31, 2011. The Manager also recommends the Board approve Budget Amendment #7 -C and
authorize the payment of $50,000 to Triangle Land Conservancy to help offset costs to acquire
the Brumley Forest Nature Preserve.
=VI-
tic
TRIANGLE LAND
CONSERVANCY
September 9, 2010.
Commissioner Valerie Foushee
Chair, Board of Orange County Commissioners
200 South Cameron Street
PO Box 8181
Hillsborough, NC 27278.
Dear Chairperson Fousheet
I write to respectfidly request that Orange County award Triangle Land Conservancy (TLC) a grant of $50,000 from its Lands
Legacy Progrurn to help cover some of the costs of TLC's May 2010 acquisition of the 613 -acre Brumley Forest at the
intersection of New Hope Church Road and Old NC 10 (please see enclosed map).
Triangle Lurid Conservancy raised $4,050,000 to purchase this tract which was identified as a prime forest area inA Landscape
with. Mldl#k. Part Z (Haven, Ludington. and Hall, 1999} —from private donors, the NC Clean Water Management Trust Fund,
and the City of Raleigh through the UpperNeuse Clean Water Initiative. The $4;050,000 purchase pricewas an approximately
50% bargain sale of the.'appraised $8,890,000 value, which means that the seller (The Zeist Foundation) contributed $4,840,000
in, property value.
Owned by George and Julia Brumley until their tragic deaths in a2003 airplane crash, title to the land transferred to the Brumley
family's private foundation in Atlanta, and it was one of the county's largest privately -held properties. Triangle Land
Conservancy %purchased it because of its conservation values, including protection of water quality (a major tributary of the Eno
River runs through it), healthy outdoor recreation, and wildlife habitat.
As with our other conservation lands, Triangle Land Conservancy will apply for property tax exemption in January 201 1, but we
are faced with a pro -rated property tax liability of $50,000 for 2010 because the property was taken out of present use value
taxation when the-owner sold to TLC. As a nonprofit conservation organiiation, Triangle Land Conservancy does not qualify for
present use value.
Although TLC cannot apply for present use value taxation, the land management for this 613 -acre tract'will not change undef
TLC's ownership. We will keep it in 'trees, manage for wildlife, and eventually invite the public i6-visit and hike. So the property
will not requi`.re more county services than it needed under the previous owner.
In addition, ()range County received $216,000 in rollback property. taxes when TLC purchased the land. This is $216,000 that the
.county would) not have collected if the property remained in present use value.
Thank you very much for your consideration of TLC's grant request. Orange County's leadership in conservation is inspiring,
and I am grateful for a long history of TLC and Orange County partnering to protect water quality, Wildlife habitat and healthy
lifestyles. .l would be happy to discuss the matter more fully and to mane a presentation if it is helpful.
Sincerely yours,
Kevin Brice '
President -
Cc: Frank Clifton, Orange County Manager
P.S. I invite you and all county commissianers to a celebration of die Brumley Forest acquisition on Monday October I 1 at 1:30
at the property. We will recognize the project's funding partneis at this event
1101 Flaynes Street • Suite 205 • Raleigh NC 27604
T919.833.3662 F919.755.9356
www.tri ang leland, org
- s
• f
a
a
O 41
F
r
Hinsob _.
o ou
f 'v
l � r
r
i
Q
t
n
1� eUS�
1 `
" - f
. y Rd
r�
?° Z- Durham
9
raQ , rn G Jc o a Old HWboro d ra+9h Rd • o
c
n ca
a
-FS Rd it
Legend '
S BrUMI y pro
� Property weaver p
7 CWMTF y�� Rar
Count' Bounpd
ary ►I r �� pve
Open SpQ
ids
MunrciPaliry
Chapel hill
Carrboroa
• s
tic "}
CoN$E4v,%h�
George and a 0.20.4
Julia Brumley ° s The Locatio
Family Nature �,2 �.s 2 HillstsoPough and le less n Map
Preserve Mites o chapel s than than
mile's fr o miles from
and - CoWd provide City' of Durharnhe -rthe
Fob corridor b0h een of trail connection
Rivar °State Park dan Lake, Duke
Brumley Forest Public Trail Easement
This instrument prepared by and return to:
Revenue Stamps: $
NORTH CAROLINA
COUNTY OF ORANGE
DEED OF PUBLIC TRAIL EASEMENT
Draft: Feb 18, 2011
This Deed of Public Trail Easement (hereinafter 'Basement ") is made on this day of
, 2011 by TRIANGLE LAND CONSERVANCY a North Carolina Nonprofit
Corporation, having an address of 1101 Haynes Street Suite 205, Raleigh, NC 27604 (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.
RECITALS
A. Grantor is the sole owner in fee simple of certain real property located in Eno and
Chapel Hill townships, Orange County, North Carolina, and described on Exhibit A attached
hereto, which is incorporated_ herein by reference. The tract of land described on Exhibit A
comprises approximately acres, and is hereinafter referred to as "the Property." A map of
the Property is shown on Exhibit C, attached hereto and incorporated herein. There are no
buildings or other improvements located within the Property.
There are no easements, rights of way or "other encumbrances except for (i) the rights of
way to Duke Power Co., as recorded in Book XXX, Page XXX and in Book .XXX,' Page XX
Orange County Registry, (ii) Conservation Easement entered into on the 28th day of May, 2010
With. the Clean Water Management Trust Fund, which such easement is recorded in Book 4952'
Page 478, Orange County Registry, and as shown on Plat Book 107, Pages 42 -43, Orange
Page 1 of 8
7
County 'Registry, and (iii) a Conservation Easement to Orange County :recorded in Book 1575,
page 555, Orange County Registry, and as shown on Plat. Book 77 Page 191, Orange County
Registry.
B. Grantee is a body politic and corporate, a political subdivision of the State of
North Carolina, with powers prescribed in Chapter 153A of the North Carolina General Statutes.
C. Grantor is willing to grant a 50- foot -wide easement and trail right -of -way
(hereinafter the "Trail ") as described in Exhibit B and on which Grantee may construct a
pedestrian trail for pedestrian ingress and egress over, and through and for the protection of the
Property described in Exhibit A.
D. Grantor and Grantee recognize the value of the Property in its present state, and
have, by the conveyance of an Easement to the Grantee, promoted the common purpose of
preserving the natural values and character of the Property, and preventing use or development
in any manner that would conflict with the maintenance of the Property in its scenic and natural
condition, and the Grantor is willing to make the Trail available to the public for recreational
purposes.
E. Grantor and Grantee also recognize that the Easement will also serve the
following clearly delineated governmental policies and objectives:
(1) the Orange County Board of Commissioners' goal (adopted June 21, 1999) to
identify and coordinate the preservation of the County's most significant natural areas; and
(2) the Land Use Element of the Orange County Comprehensive Plan
(adopted. November 18, 2008) with its goal of "Land uses that are appropriate to on -site
environmental conditions and features, and that protect natural resources, cultural
resources, and community character;" and
(3) the Stoney [sic] Creek Small Area Plan (adopted 2006) with its goal of
conserving the Stony Creek corridor as a wildlife corridor surrounded by lower intensity
land uses; and
(4) the Orange County portion of the North Carolina Mountains -to -Sea Trail
(adopted. April 10, 2010), which identifies a spur trail through this property; and
(5) the protection of similar Orange County properties designed to protect
conservation and open space values through trail easements and conservation easements granted
to the Grantee and others in the immediate vicinity of the Property; and
(6) NCGS § 139 -2 et seq., which provides that "it is hereby declared ...that the
farm, forest and grazing lands of the State of North Carolina are among the basic assets of the
State and the preservation of these lands is necessary to protect and promote the health, safety
and general welfare of its people... it is hereby declared to be the policy of the legislature to
provide for the conservation of the soil and resources of this State "; and
Page 2 of 8
(7) Article 17 of the North Carolina General Statutes NCGS 113A- 240 -241,
entitled Conservation, Farmland and Open Space Protection and Coordination, otherwise known
as the "Million Acre Initiative," which states that the State of North Carolina shall encourage,
facilitate, plan, coordinate, and support appropriate federal, State, local, and private land
protection efforts so that an additional one million acres of farmland, open space and
conservation lands in the State are permanently protected by December 31, 2009.
NOW, THEREFORE, Grantor, for and consideration of the facts recited above and of the
mutual covenants, terms, conditions and restrictions contained herein, hereby give, grant and
convey unto the Grantee; its successors and assigns, forever and in perpetuity for the benefit of
the people of Orange County, a Public Trail Easement over the Property of the nature and
character as follows:
1. PROPERTY USES. Any activity on, or use of the Trail inconsistent with the
purposes of this Easement is prohibited. The Trail shall be maintained in its natural, scenic and
open condition and restricted from any development that would significantly impair or interfere
with the conservation values of the property. Without limiting the generality of the foregoing, the
following is a listing of activities and uses that are expressly prohibited. Grantor and Grantee
have determined that activities that do not impair the conservation values of the property will be
allowed as set forth in Sections 2 and 3 below and are expressly the right of only the Grantor and
Grantee. Therefore, except as denoted, no one may:
1.1 Create, plant, or construct (in, on, over, or through the Trail) any sign,
paving material, gravel, structure, fill, embankment, plant or flora of any size, encroachment of
any nature, obstruction of any nature, or improvement of any nature, or permit anyone to do any
of the foregoing acts; or
1.2 Remove, transplant, tear, cut, spray, fertilize, prune, brace, attach any
rope, wire, nail, sign, poster, or other device to, or otherwise disturb any of the plants, ,flora, or
animals on the Trail, or permit anyone to do any of the foregoing acts, provided, however, either
parry shall have the right to remove or treat unsightly and/or damaged trees and other vegetation
if located within the easement area but clearly visible from any other portion of the Grantor's
surrounding property with notification and-approval of the Grantee; or
1.3 Dig into the surface of, or remove any of the soil or natural materials from,
the Trail, or permit anyone to do any of the foregoing acts; or
1.4 Place any foreign material, thing, or device (including but not limited to
brush, leaves, vehicles, containers, paving, gravel, lumber, stone, brick, sand, concrete, trash,
debris, plastic, stone, fuel, or chemicals) temporarily or permanently on the Trail, or permit
anyone to do any of the foregoing acts; or
1.5 Possess or discharge any firearm or other weapon and or hunt, kill, trap,
or molest any wild animals on the Trail, or permit anyone to do any of the foregoing acts, and
without limiting any other provision hereof;
Page 3 of 8
W"
2. GRANTEE RIGHTS. To accomplish the purpose of this Trail easement, the
following rights and responsibilities are granted to the Grantee by the terms of this Easement.
2.1 Provide the general public free access to and use of the Trail, subject to
the laws and ordinances of the Grantee, and for the sole purposes limited to the following:
walking, jogging, nature study, biking, picnicking, the riding of non - motorized vehicles, and for
the general enjoyment of the natural resources and scenic beauty of the Trail;
2.2 Post any necessary rule, safety and security signs and notices on the Trail
reasonably necessary to put the public on notice of such restrictions.
2.3 Notify the Grantor of any changes to the Trail, approved improvements or
other modifications that would have the potential to change or alter the nature of the Trail or
conditions in or on or around the Trail.
2.4 Have 24 -hour access to the Trail by foot and/or motor vehicle to carry out
the terms of this Easement including, security, emergency response, and educational programs.
2.5 Manage and control or eradicate exotic non - native species or invasive
species or plants and animals that threaten the conservation values of the Property.
3. GRANTOR'S RIGHTS. Grantor retains the following additional rights:
3.1 Existing uses. The right to undertake or continue any activity or use of the
property not prohibited by this Easement. Prior to making any change in use of the property,
Grantor shall notify Grantee in writing to allow Grantee a reasonable opportunity to determine
whether such change would violate the terms of this Easement.
3.2 Transfer. The right to sell, give, mortgage, lease or otherwise convey the
property subject to the terms of this Easement. The Grantor shall notify the Grantee in writing at
least thirty (30) days prior to the transfer of the property, and the document of conveyance shall
expressly refer to this Easement agreement.
3.3 Notwithstanding anything herein to the contrary, the parties acknowledge
and agree that nothing in this conveyance of this Easement to the Grantee shall in any manner
inhibit or restrict the Property to convey, through fee or easement, a corridor across the Property
for construction of a roadway; including without limitations any associated bicycle and -- -
pedestrian facilities. Grantor shall be entitled to change the alignment or location of the Trail
and the Easement granted herein to an alternative location reasonably selected by the Grantor in
the event that such a roadway is selected and developed across the Property.
3.4 Grantor retains all responsibilities and shall bear all costs and liability of
any kind related to the ownership, operation, upkeep and maintenance of the Trail, including
maintenance of adequate comprehensive general liability insurance coverage and any associated
Trail amenities such as signs, boardwalks, bridges and any other Trail improvements that will
Page 4 of 8
10
allow for public enjoyment and understanding of the natural features of the Trail without
impairing or interfering with the conservation values of the Trail.
3.5 All improvements allowed by this Easement by the Grantee will be subject
to the review and approval by the Grantor. Grantor also has the right to enter upon the Trail for
the quiet and peaceable enjoyment of the Trail and to inspect and review the management and
improvements of the Trail as permitted by this easement by the Grantee.
4. RESPONSIBILITIES OF GRANTOR NOT AFFECTED. Other than as
specified herein, this Easement is not intended to impose any legal or other responsibility of the
Grantor, or in any way to affect any existing obligations of the Grantor as the legal owner of the
property. Notwithstanding any of the foregoing, while Grantor agrees to take no action
inconsistent with its agreement herein, it shall be the Grantee's responsibility to monitor and
police the use of the Easement by Grantee, its invitees and the general public.
5. LIABILITY AND INDEMNITY. Grantor agrees to indemnify and hold Grantee
harmless from any and all costs, claims or liability, including but not limited to a reasonable
attorney's fees arising from (i) personal or bodily injury and loss of or damage to the Trial or
Property or any economic loss that has in any such case and in any way whatsoever been caused
by or arising out of the exercise of the right to use the Trail for recreational and/or other
purposes; and (ii) any violation of any federal, state or local environmental or land use law or
regulation or the use of or presence of hazardous substances, waste or other regulated materials
in, or on or under the Trial or the Property; provided, however, that if such costs, claims or
liability are due in whole or in part to the negligence of Grantee or its agents, contractors or
employee, liability shall be apportioned accordingly.
Grantor agrees to maintain liability insurance covering the Property with limits as
follows: (i) $500,000 per occurrence, $1,000,000 Aggregate Comprehensive General Liability
and Property Damage Insurance, and (ii) $500,000 per occurrence, $1,000,000 Aggregate for
personal injury. Additionally, Grantor warrants that Grantee is and will remain a named insured
on Grantor's insurance policies for the Property. Grantor shall provide Grantee with a certificate
of insurance coverage on the effective date, of this Easement and within 10 days of each
insurance renewal date.
Grantor shall indemnify and hold harmless the Grantee, its officers, employees,
agents and assigns for any all liabilities, claims, demands, losses, expenses, damages, fines, fees,
penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of
any person or governmental authority, and other liabilities (whether legal or equitable in nature,
including without limitation, court costs, and reasonable attorneys' fees) to which Grantee may
be subject to or incur due to the use of the Trail or Grantor's negligent acts or omissions or
Grantor's breach of any representation, warranty, covenant, agreements contained in this
Easement, or violations of any Federal, State or local laws including all Environmental Laws.
6. AMENDMENT OF EASEMENT. This Easement may be amended only with
the written consent of Grantor and Grantee. Any such amendment shall be consistent with the
Page 5 of 8
11
purposes of this Easement. The Grantor and Grantee have no right or power to agree to any
amendment that would affect the enforceability of this Easement.
7. TERMINATION OF EASEMENT. If it is determined that conditions on or
surrounding the Trail have changed so much that it is impossible to fulfill the terms of this
easement set forth above this agreement can be terminated at the joint mutual consent of the
Grantor and Grantee.
8. NOTICES. Any notices required by this Easement shall be in writing and shall
be personally delivered or sent by first class mail, to Grantor and Grantee, respectively, at the
following addresses, unless a party has been notified by the other of a change of address.
To the Grantor:
Triangle Land Conservancy
1101 Haynes Street Suite 205
Raleigh, NC 27604
To the Grantee:
Orange County Dept. of Environment,
Agriculture, Parks and Recreation
P.O. Box 8181
Hillsborough, NC 27278
9�. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the
Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby
accepts without reservation the rights and responsibilities conveyed by this Easement. This
Easement is to be effective the date recorded in the Orange County Registry of Deeds.
TO HAVE AND TO HOLD, this Grant of Public Trail Easement unto the said Grantee
its successors and assigns, forever.
Page 6 of 8
S
IN WITNESS WHEREOF, the Grantor and Grantee, intending to legally bind
themselves, have set their hands on the date first written above.
Accepted:
ATTEST:
Donna S. Baker, Clerk to the
Board of Commissioners
•C
Triangle Land Conservancy,
a North Carolina non - profit corporation
By:
Kevin M. Brice, President
GRANTEE:
ORANGE COUNTY, NORTH CAROLINA
By:
Bernadette Pelissier, Chair
Orange County Board of Commissioners
Page 7 of 8
12
Acknowledgments
NORTH CAROLINA
COUNTY OF
I, , a Notary Public in and for said County and State do
hereby certify that personally appeared before me this day and duly
acknowledged the execution of the foregone Easement.
Witness my hand and official stamp or seal this the day of , 2011.
Notary Public
(Notary's printed or typed name)
My commission expires:
NORTH CAROLINA
COUNTY OF ORANGE
a Notary Public of the County and State aforesaid,
certify that Donna S. Baker personally came 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 said County, 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 , 2011.
My commission expires:
Notary Public
(Notary's printed or typed name)
Page 8 of 8
13