HomeMy WebLinkAboutAgenda - 8-d - Resolution of Approval – Conservation Easement Amendment for Keith Arboretum
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 17, 2018
Action Agenda
Item No. 8-d
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
3. March 27, 2018 Keith Arboretum
Conservation Easement Amendment
INFORMATION CONTACT:
David Stancil, 245-2522
Kim Livingston, 245-2514
PURPOSE: To consider a resolution to approve 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, Jeff Fisher, 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 Mr. 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 Mr. 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. Such management activities must be
pursuant to a Forest Management Plan prepared by a North Carolina Registered
Forester, the selection of whom is mutually agreed upon by Grantor and Grantee and
which management activities must be agreed to in advance by Grantee and Grantor.
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 believes 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. Additionally, staff has received and reviewed a previous question regarding
the protection of the rare and specimen trees on the property, and that topic is addressed via
the attached memorandum which was previously provided to the Board.
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 County 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) allows for
the construction and maintenance of pervious farm roads; 4) allows the 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) allows for forest management to restore forest
composition and structure; and 6) allows 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 17th day of April, 2018.
_________________________________
Mark Dorosin, Chair
Orange County Board of Commissioners
__________________________
Donna Baker, Clerk to the Board
3
N
I
N
t
CE
w .. �
1 '
♦
ar
a -.
nNN
aam
aRra
m 1n
--
'I
o
O • O7
amro
N O
+
ti
®
t
i
t
/
I
t
+
1 '
THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
i
=
LOCAL GOVERNEMENT AGENCY FOR
j .
COMPLIANCE WITH ANY APPLICABLE
%
LAND DEVELOPMENT REGULATIONS.
Keith property (A,B,C and D = 81 acres)
Building envelope
Exhibit C
® �® Feet
® Easement Area (44.94 acres)
Existing open land and arboretum
Pesent Condition Map
•�'
Mistingstructtures
Conservation Easement
orate c-nty
Environment& Resource ss
/ /Gravel Driveway
`�
Dr. Charles Keith
conM � i4 /25/06
�. •'
streams
Attachment 3
Memorandum
To: Board of Commissioners
Bonnie Hammersley, County Manager
From: David Stancil, DEAPR Director
Kim Livingston, Land Conservation Manager
Date: April 11, 2018
Re: Keith Arboretum Conservation Easement Amendment
This memorandum is in response to a question raised by a Commissioner on the Keith
Arboretum Conservation Easement amendment, which was originally on the March 8, 2018
BOCC agenda and was tabled. The question related to whether the Keith Arboretum
Conservation Easement or its amendment protected the rare and specimen trees within the
arboretum.
One protection that does exist is a provision in the amendment that requires the landowner to
submit the proposed forest management plan to Orange County for approval prior to
performing the forestry activities.
Aside from this, there is no specific language in the easement to protect the rare and
specimen species. The original conservation easement did not specifically name this element
as part of the conservation values of the property. Normally, conservation easements do not
obligate the owners to maintain or retain specific types of agriculture or silviculture. The
conservation of the land for future protection or preservation of the desired purpose is the
primary goal. Changing the conservation values of the easement would be a major change to
the original document and the understanding of the restrictions on the property by the current
landowner.
Additionally, if the County did alter the easement to require the protection of the arboretum
species, the County would essentially be requiring the landowner to always maintain this area
as an arboretum, thus requiring a specific management practice on the property. This would
be the same as requiring our Agricultural Conservation Easement holders to keep their lands
in active agricultural use. While we hope and encourage these practices to continue,
conservation easements typically do not require this. The question is however an
understandable one – protecting the attributes of the property that make it unique. The
concept of requiring certain management activities on conservation easements has been
discussed previously and within other conservation organizations across the country. In many
5
NATURAL and CULTURAL RESOURCES DIVISION
Orange County Department of Environment, Agriculture, Parks & Recreation
PO Box 8181, Hillsborough, NC 27278
Phone: (919) 245-2510 Fax: (919) 644-3351
cases, landowners are understandably resistant to having this be a requirement of the
easement. Some easements across the nation have gone to this level of requirement and it has
been met with mixed results. At this time, staff suggests Orange County not put this
requirement within our conservation easements, allowing landowners to manage their land
how they wish as long as it is in compliance with the conservation values enumerated and the
terms of the conservation easement.
cc: Donna Baker
6