Agenda - 04-21-2009 - 4l - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 21, 2009 1 Action Agenda Item No. ~' SUBJECT: Amendment to Approved Conservation Easement for the Future Northeast District Park (former Kirby property) DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No Conservation ATTACHMENTS INFORMATION CONTACT: Amendment to Conservation Easement David Stancil, 245-2590 Survey Plat of the Property Rich Shaw, 245-2590 Aerial Map of the Property PURPOSE: To consider an amendment to the conservation easement that was approved previously by the Board for the future Northeast District Park (former Kirby property). BACKGROUND: On December 31, 2007 Orange County purchased a 143-acre .property located south of Schley Road in Little River Township. The land was acquired from Mr. and Mrs. F.M. Kirby for a future County park and other potential public facilities and services. The County's contract to purchase the property required the County to be the grantee of a conservation easement in the Kirby property prohibiting, among other things, the location of a solid waste landfill or a solid waste transfer station on the property. The County also agreed to convey a conservation easement to the Triangle Land Conservancy (or another qualified conservation organization) "upon terms and conditions substantially similar to the terms and conditions contained in the conservation easement conveyed by the Kirbys to the County." On December 11, 2008 the Board approved Orange County granting a conservation easement to the Triangle Land Conservancy. The conservation easement will prohibit the location of a solid waste landfill or a solid waste transfer station on the property and will restrict permitted development from encroaching on forested "envelopes" which include stream corridors. A closing on the conveyance by the County to the Triangle Land Conservancy of the conservation easement was expected to occur by the end of 2008. The closing was delayed in order for agreement to be reached between the Kirbys (the former owners of the property) and the County on restricting the location of a future solid waste convenience center. The copy of the conservation easement which is attached, at paragraph number 1c, restricts the location of a future solid waste convenience center to the area south of the line described in that paragraph. That line is illustrated on the copy of the attached plat. The site for a future solid waste convenience center that has been previously identified by the Solid Waste staff and the Board of Commissioners is roughly the cleared area of the property along Mincey