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HomeMy WebLinkAboutAgenda - 06-17-2014 - 6kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 17, 2014 Action Agenda Item No. 6 -k SUBJECT: Resolution of Approval —Amendment to the Shy Conservation Easement DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y /N) No Parks and Recreation (DEAPR) ATTACHMENTS: Resolution of Approval Vicinity Map Site Map INFORMATION CONTACT: David Stancil, 919 - 245 -2510 Rich Shaw, 919 - 245 -2514 1 PURPOSE: To consider a resolution to approve an amendment to a conservation easement held by Orange County for property owned by Carl and Eve Shy. BACKGROUND: In October 2002 Orange County accepted a permanent conservation easement for 44.72 acres owned by Carl and Eve Shy. The land is comprised of two adjacent parcels located east of Bradshaw Quarry Road (Bingham Township) and bordering land owned by the Orange and Water Sewer Authority (OWASA) that helps protect Cane Creek Reservoir. The Shys granted (donated) a permanent conservation easement to help protect the valuable natural resources associated with their land, which includes prime farmland and mature hardwood forest located within the '/2 -mile "critical area" of the Cane Creek Reservoir. The forested area helps buffer a perennial stream that flows through the property and eventually joins Tom's Creek, which drains into the reservoir. The Shys are interested in trading a 0.96 -acre portion of their property with an equal -sized portion of an adjoining property owned by Greg and Linda Smith. The proposed land swap would transfer a section of an existing farm field to the Smiths and would transfer a section of the forested stream corridor to the Shys. The proposed land transfer would be accomplished by recording a recombination plat that would modify the property boundaries accordingly. The proposed land swap requires an amendment to the Shy's conservation easement. The amendment would modify the land area encumbered by the easement as shown in the attached site map. The 0.96 -acre section of open field would be removed from the easement area; the 0.96 -acre forested area would be added to the easement area. DEAPR has evaluated the proposed amendment relative to purposes of the conservation easement and the protection of the property's "conservation values." The new property boundary would enhance the protection of the forested stream corridor. Removing the small section of open field from the easement would improve the ability to manage land -use activities on the owners' conservation property. The Shy family has no role in the farming that occurs on the outlying 0.96 -acre section of field. DEAPR staff concurs with the proposed land swap and the proposed amendment to the conservation easement because it would strengthen the protection of natural resources recognized and addressed by the conservation easement. DEAPR will work with the County Attorney to prepare the amendment to the deed of conservation easement and have amendment recorded with the Orange County Register of Deeds sometime before July 31, 2014. FINANCIAL IMPACT: The amendment to the conservation easement is likely to incur some transaction costs to be shared by both parties. The estimated cost to the County would be less than $1,000, which would be paid from the Professional Services account within the DEAPR Lands Legacy Fund. 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. RES- 2014 -046 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION Approval of an Amendment to the Conservation Easement Between Orange County and Carl and Eve Shy K WHEREAS, Carl and Eve Shy own 44.72 acres of land located at the intersection of Bradshaw Quarry Road and Apple Mill Road in Orange County (Bingham Township); and WHEREAS, Orange County holds a conservation easement for the Shy property that was recorded on October 23, 2002; and WHEREAS, Orange County and the Shys are willing to amend the conservation easement in such a way that approximately 0.96 -acre of forested stream buffer is added to the easement area and approximately 0.96 -acre of open field is removed from the easement area —the new configuration to be depicted on a revised Exhibit B 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 Shys with the management of activities on their 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 Carl and Eve Shy, 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 July 31, 2014. This the 17th day of June, 2014. Barry Jacobs, Chair Orange County Board of Commissioners Donna Baker, Clerk to the Board n A c 2 r - Shy conservation easement County line 2013 w J f— N ws 0 1,500 3,000 6,000 Feet s Orange County Dept. of Environment, Agriculture, Parks and Recreationn 6/5/2014 OC 220K O: \gishome \gisgproject\ land_resou rce \NatResC E_Shy. mxd m r W P AM Conservation Easement Carl & Eve Shy QShy conservation easement - New conservation easement boundary Streams Parcel boundary 2013 Aerials a N a,e 0 75 150 300 Feet s Orange County Dept. of Environment, Agriculture, Parks and Recreationn 6/5/2014 OC 220K 0: \gishome \gisgproject\ Ian d_resou rce \NatResC E_Sh y. mxd