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Home My WebLink AboutAgenda - 06-17-2014 - 6jORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 17, 2014 Action Agenda Item No. 6-j SUBJECT: Resolution of Approval —Amendment to the Volpe Conservation Easement DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y /N) No Parks and Recreation ( DEAPR) ATTACHMENTS: Resolution of Approval Vicinity Map Map of Existing Conservation Easement Map of 3.62 -acre Area for Transfer from Volpe to Davis Conservation Easement 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 Mark and Lori Volpe. BACKGROUND: In February 2004 Orange County accepted a permanent conservation easement for a 23.4 -acre property owned by Mark and Lori Volpe. The Volpe property is located north of Halls Mill Road northwest of Hillsborough (Cheeks Township). The conservation easement protects a 300 -foot buffer and hardwood slope along the Eno River, East Fork Eno River, and Halley Creek. This protected land is one of four properties with conservation easements associated with the so- called Eno River Confluence — where the east and west forks of the Eno join to form the Eno River itself north of Hillsborough. The Volpes notified DEAPR in late 2013 that they wish to sell a 4.19 -acre portion of their land to an adjoining landowner (Jason and Rebecca Davis), including a 3.62 -acre portion of the Volpe property that is within the conservation easement. The County's conservation easement for the Volpe property prohibits any subdivision of the 23.4 acres encumbered by the easement, so this proposed land transaction would require an amendment to the conservation easement. DEAPR informed the Volpes that it is Orange County's policy to consider amendments to conservation easements only when the amendment would result in great protection of the natural or cultural resources subject to the easement. To satisfy that requirement the Volpes have persuaded Jason and Rebecca Davis to grant a conservation easement on their portion of the forest buffer along Halley Creek, thereby extending the conservation area another 1,000 feet eastward along the creek. Orange County is working with the Davis' to complete that easement project by July 2014. Once that Davis easement is recorded, DEAPR would work with the Volpes to execute an amendment to their conservation easement that would allow the transfer of real property. The proposed land transfer would be accomplished by recording a recombination plat that would modify the property boundaries and conservation easement boundaries accordingly. DEAPR staff is confident that the amendment to the Volpe conservation easement, in combination with the Davis conservation easement, would enhance the protection of natural resources in this area. DEAPR will work with the County Attorney to prepare the amendment to the Volpe conservation easement and have the 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: 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 -045 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION Approval of an Amendment to the Conservation Easement Between Orange County and Mark and Lori Volpe K WHEREAS, Mark and Lori Volpe own a 43 -acre tract of land located at 1717 Halls Mill Road in Orange County (Cheeks Township); and WHEREAS, Orange County holds a permanent conservation easement on a 23.5 -acre portion of the Volpe property, which was executed on February 10, 2004; and WHEREAS, Orange County is working with an adjoining landowner (Jason and Rebecca Davis) to place a permanent conservation easement along a 1,000 -foot long segment of Halley Creek; and WHEREAS, Orange County and the Volpes are willing to amend the conservation easement in such a way that it would allow the Volpes to transfer a 3.62 -acre portion of an Orange County - held conservation easement to Jason and Rebecca Davis for an expansion of their property that will also be protected by an Orange County -held conservation easement; and WHEREAS, the amendment to the conservation easement on the Volpe property, in combination with the granting of a new conservation easement on the adjoining Davis property, will enhance the long -term protection of the Halley Creek stream corridor; 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 Mark and Lori Volpe, 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 KENION RD y 4 Davis property 9 GREEN TINNIN RD �O T ®O yA 6 RD DR BANE RD 42 Conservation Easement Mark & Lori Volpe = Volpe conservation easement V w e 0 150 1,500 3,000 Feet L i l i l s Orange County Dept. of Environment, Agriculture, Parks and Recreationn 6/512014 OC 220K O: \gishome \gisqproject\ land _resource \NatResEsm nt_Volpe. mxd ; #4 R'V, Conservation Easement Mark & Lori Volpe Volpe conservation easement Parcel boundary 2013 Aerials 5 LMII e 0 75 150 300 Feet S Orange County Dept of Environment, Pyriculture, « " Parks and Recreations 6/5/2014 OC 220K O:\gishome \gisgproject\ land_resource\NatResEsmnt Volpe.mxd E 11JV' SCAII R 0 'oo e ZOO -- -o— �TW, 8 c� lZ 64159 -5t" F`3.14 .• � J1 I � e Ea A,y - +ap LET ` L0T 2 -R 11,41, ORES 1 €.59 AC-. 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