Agenda - 06-16-2009 - 4i - Laserfiche WebLink

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2 Little River water quality and aquatic habitat. South Fork Little River is home to rare and endangered species of freshwater mussels. ERCD Staff and the County Attorney are working with Ms. Underwood to prepare an agreement meeting her needs and the County's interests. The conservation easement would prohibit future subdivision and ensure the property remains in its natural, forested condition. All future development rights will be extinguished outside of a small "Residential. Envelope" to accommodate the existing residence (log cabin) and new driveway. ERCD would monitor the property on an annual basis. A copy of the draft easement is attached. FINANCIAL IMPACT: Ms. Underwood intends to donate the conservation easement to Orange County. The only direct cost to the County would be an estimated $2,000 to help with transaction costs including the easement survey, title search and closing fees. Those funds would come from existing funds budgeted from the $3.0 million in alternative financing (Lands Legacy Conservation Easement Fund) approved by the Board of Commissioners in FY 2002-03 and previously appropriated. The Budget Office will present a Capital Project Ordinance for this project in a budget amendment sometime this fall. The conservation easement is not expected to reduce County property taxes for the subject property (Lot 5) because there is already an existing residence which could be enlarged or replaced in the same location. Other site limitations would preclude the placement of a second house on the property. RECOMMENDATION: The Manager recommends the Board adopt the resolution approving the acceptance by Orange County of the conservation easement and authorize the Chair and the Clerk to sign the conservation easement agreement, subject to final review by staff and County Attorney, with a closing and recordation of the document expected to occur on or about August 31, 2009.