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HomeMy WebLinkAboutAgenda - 03-08-2018 8-e - Resolution of Approval – Conservation Easement Amendment for Keith Arboretum ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 8, 2018 Action Agenda Item No. 8-e SUBJECT: Resolution of Approval – Conservation Easement Amendment for Keith Arboretum DEPARTMENT: Environment, Agriculture, Parks and Recreation (DEAPR) ATTACHMENTS 1. Resolution of Approval 2. Site Map INFORMATION CONTACT: David Stancil, 245-2522 Kim Livingston, 245-2514 PURPOSE: To consider a resolution approving an amendment to a conservation easement held by Orange County for the Keith Arboretum now owned by Pickoretum, LLC. BACKGROUND: In September 2005 the Board authorized Orange County’s acceptance of a conservation easement from Dr. Charles Keith. The Keith Arboretum, as it is now known, was purchased by Jeffery Fisher of Pickoretum, LLC. The Keith Arboretum is located at the end of Marion’s Ford Road (off Dairyland Road) in Bingham Township. The conservation easement helps to protect 45 acres of arboretum consisting of an estimated 5,000 different species of plants as well as the undeveloped woodlands, and the Morgan Creek headwater streams located on the property. The conservation easement was completed and recorded on May 19, 2006. The property is comprised of four adjoining tracts (Attachment 2). The former Keith residence – a restored 1830’s log cabin – and the Arboretum are located on a 19-acre parcel (Tract A). Tracts B, C and D are entirely wooded and undeveloped. Future development rights were relinquished, with the exception of potential walking trails and a potential future visitor/educational center and maintenance buildings for the Arboretum (restricted to Tract A). Tracts B and C were to remain entirely undeveloped. The owner initially requested an amendment to the easement that was broad in scope and did not maintain or enhance the conservation values of the property. DEAPR staff has worked with Fisher to amend the conservation easement to better serve the needs of the arboretum while upholding the original conservation values of the property. The following proposed amendments have been agreed upon by Fisher and staff: • Remove the allowance for expanding the existing residence in exchange for allowing the proposed new building footprint to be larger (1,000 square foot to 2,000 square foot), within the “Building Envelope”. o Rationale: One for one swap of building footprint 1 • Allow for new structures or improvements proposed for locations outside the “Building Envelope” to be built provided they are for the care, maintenance or enjoyment of the arboretum and located on Tract A or B. o Rationale: Allows for better and safer management of the Arboretum as well as providing a better facility for public access. • Allow for the construction and maintenance of pervious farm roads necessary to carry out the improvements and permitted uses permitted on the Property. o Rationale: Allows for better and safer management of the Arboretum. • Allow Grantor to raise bees, or permit others to raise bees, on the Property to support the horticultural activities occurring within the Keith Arboretum; and to graze sheep for the care and maintenance of the arboretum within the arboretum boundary. Grazing would not be allowed within a 100-foot wide stream buffer and must comply with a current Conservation Plan. o Rationale: Allows for sustainable management of the Arboretum, decreasing the need for herbicides. • Trees may be removed, cut and otherwise managed to restore forest composition and structure, to control insects and disease, to prevent personal injury and property damage, or to salvage wind-thrown timber. o Rationale: Allows for sound, sustainable forest management practices to restore pine forests to hardwood forests. • Allow Grantor to engage or contract others to engage in any activity designed to repair, restore, or otherwise enhance the natural resources found or once present on the Property, that are consistent with the Conservation Values of this Conservation Easement and subject to the written approval of the Grantee and the Natural Resources Conservation Service. o Rationale: Allows for natural resource value enhancement. The Land Conservation Manager has evaluated the proposed amendment relative to purposes of the conservation easement and the protection of the property’s “conservation values”, and thinks the proposed amendment strengthens the protection of the property afforded by the conservation easement, while allowing this unique asset to be shared with the community. FINANCIAL IMPACT: The amendment to the conservation easement is likely to incur some transaction costs. The estimated cost to the County would be less than $1,000, which would be paid from the Professional Services account within the 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. 2 RES-2018-016 Attachment 1 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION Approval of an Amendment to Warranty Deed of Conservation Easement Between Orange County and Pickoretum LLC (formerly Dr. Charles Keith) WHEREAS, Pickoretum LLC owns 45 acres of land located at end of Marion’s Ford Road (off Dairyland Road) in Bingham Township; and WHEREAS, Orange holds a conservation easement for the Keith Arboretum property that was executed on May 19, 2006; and WHEREAS, Orange County and Pickoretum LLC are willing to amend the conservation easement so that it 1) eliminates the allowance for expanding the existing residence footprint and allowing the new building footprint to be up to 2,000 square foot, 2) allows for structures and improvements outside of the “Building Envelope” to also be used for the enjoyment of the Arboretum and to be located on Tract A or Tract B, 3) allow for the construction and maintenance of pervious farm roads, 4) allow Grantor to raise bees, or permit others to raise bees, and to graze sheep on the Arboretum for the care and maintenance of the Arboretum, 5) allow for forest management to restore forest composition and structure, and 6) allow Grantor to engage or contract others to engage in any activity designed to repair, restore, or otherwise enhance the natural resources found or once present on the Property; and WHEREAS, the amendment to the conservation easement on this property will improve the preservation of this land for future generations and help Pickoretum LLC manage the Arboretum as a community asset: NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1) approve the execution of an Amendment to the Warranty Deed of Conservation Easement with Pickoretum LLC, 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 Warranty 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 May 31, 2018. This the 8th day of March, 2018. Mark Dorosin, Chair Orange County Board of Commissioners ________________________________ Donna Baker, Clerk to the Board 3 4