HomeMy WebLinkAboutAgenda 12-12-23; 8-f - Approval of Participation in Conservation Easement – Terry Road Farm, LLC 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 12, 2023
Action Agenda
Item No. 8-f
SUBJECT: Approval of Participation in Conservation Easement — Terry Road Farm, LLC
DEPARTMENT: Environment, Agriculture, Parks
and Recreation (DEAPR)
ATTACHMENT(S): INFORMATION CONTACT:
1. Location Map David Stancil, 245-2510
2. Site Map Christian Hirni, 245-2514
PURPOSE: To consider participation in and the co-holding of a conservation easement in
conjunction with Triangle Land Conservancy for the Terry Road Farm property.
BACKGROUND: Triangle Land Conservancy (TLC) staff contacted DEAPR staff earlier this year
with interest in the joint holding of a farmland conservation easement between TLC and the
County for a 50-acre tract in the Little River watershed and Little River Township. This project was
being pursued in the spirit of TLC's new Good Grounds Initiative, a program to address historic
racial inequities in farmland ownership.
After the sale and closing on the easement, the landowner will sell the property to the farmer (a
person of color) who is currently leasing the farm at a discounted price based on the sale of the
easement value.
The property has just over 1,500 feet of stream frontage on the South Fork of the Little River, part
of the water supply for the City of Durham and ultimately, via Falls Lake, the City of Raleigh. The
property also directly abuts the 170-acre Reimer Nature Preserve owned and managed by TLC.
Access to the property would be through the adjoining TLC owned lands.
The tract is almost evenly split between active agriculture and a forested buffer along the creek
(50% forest, 50% agricultural fields). The open areas (23 acres) are currently utilized for a typical
Piedmont farm rotation of corn and soybeans. The remaining forested areas provide a valuable
buffer to the adjacent Reimer Nature Preserve and a hardwood buffer to the South Fork of the
Little River. Portions of the open areas within 100 feet of the river will be converted into perennial
ground cover and eventually forested to further protect the water quality and reduce erosion and
sedimentation.
This property ranks in the medium-high to high protection category via the County's farmland
conservation ranking criteria. These factors, in addition to the forested buffer to a major water
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supply watershed river and adjacency to existing protected lands, provides significant
conservation values for the site. An added social value would be achieved by the ownership
change which would enable a new farmer/landowner from historically underserved communities.
The requested 25% County contribution ($60,000) of the estimated $247,300 budget will help
expand the conserved working lands in the Little River watershed.
FINANCIAL IMPACT: The total costs of the conservation easement is $247,300, including closing
and transactional costs. The requested County contribution is for $60,000, or 25% of the total.
The purchase price for the conservation easement is $225,000, which was determined by an
appraisal. Additional costs, including closing and transactional costs, bring the estimated total at
closing to $247,300.
Triangle Land Conservancy has identified the following funding sources:
City of Durham $ 171,200 (69%)
Orange County (Lands Legacy) $ 60,000 (24%)
City of Raleigh $ 10,000 (4%)
TLC $ 6,100 (3%)
$247,300 (acquisition + transaction)
Funds for the easement purchase would come from City of Durham ($168,000 purchase price
plus $3,000 for legal and closing costs), Orange County ($57,000 purchase price plus $3,000 for
legal and closing costs), City of Raleigh ($10,000 for stewardship endowment), and Triangle Land
Conservancy ($6,100 for closing costs).
The County's share of funds ($60,000) would come from existing funds budgeted and approved
for the Lands Legacy Program (Land Legacy Fund). Funds would not be transferred until the
easement transaction has occurred. The completed conservation easement will come back for
Board approval in the spring of 2024, with a closing and recordation of the document expected to
occur shortly thereafter.
The Terry Road Farm property is enrolled in the Present Use Value taxation program, so the
conservation easement would not lessen the amount of property taxes paid to the County.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal impacts are
applicable to this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of environmental
laws, regulations, policies, and decisions. Fair treatment means that no group of people
should bear a disproportionate share of the negative environmental consequences
resulting from industrial, governmental and commercial operations or policies.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
impact is applicable to this item:
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• RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY (Assess and
where possible mitigate adverse impacts created to the natural resources of the site and
adjoining area. Minimize production of greenhouse gases.)
The easement will provide a permanent protected natural and agricultural buffer from related
developed land to the east and south. The easement will also protect a vital watershed which
leads to a primary drinking water source for the City of Durham and City of Raleigh.
RECOMMENDATION(S): The Manager recommends that the Board approve the funding of the
Orange County portion ($60,000) of the easement costs, and authorize staff to work with TLC to
draft the conservation easement agreement, subject to final review by staff and County Attorney,
to return to the Board for approval and acceptance of the easement in early 2024.
Terry Road Farm LLC- Context Map 4
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Tract Information: 0 950 1,900 3,800 5,700 7,600 Feet
Legend
Landowner: Terry Road Farm ORANGE COUNTY Roads
Lat: 36' 08.42" Streams
Long: 78' 58.92" Q Tract Boundary
Date: 11/21/2023
Image: 2021 Aerial Photo County Open Space
Created By: Christian Hirni 0 Open Space-Other
Acres: 50 ® County Held Easement
Department of Environment, ® Conservation Easements-Other
Agriculture,Parks&Recreation
Terry Road Farm LLC- Aerial Map 5
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Tract Information: 0 162.5 325 650 975 1,300 Feet
Legend
Landowner: Terry Road Farm ORANGE COUNTY
Lat: 36' 08.42" Roads
Long: 78' 58.92"
Date: 11/21/2023 4 Q Tract Boundary
Image: 2021 Aerial Photo Streams
Created By: Christian Hirni
Acres: 50 Open Space- Other
Department of Environment,
Agriculture,Parks&Recreation