Agenda - 02-18-2014 - 6a - Laserfiche WebLink

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I Commissioner Gordon said she feels that the insurance provision is reasonable, and the 2 Board should approve the resolution as it stands. 3 Michael Talbert said this is also the manager's recommendation. 4 Commissioner Gordon noted that there is a mis- numbered provision, and she asked for 5 a clarification on this. 6 John Roberts said there is a numbering error on the abstract; however this has already 7 been corrected on the proposed executed document. 8 Commissioner McKee asked if the landowner has provided a desired figure for 9 insurance. 10 John Roberts said he is not aware of any figure that has been provided. 11 Commissioner Dorosin asked for an explanation of why this insurance is necessary. 12 John Roberts said the insurance provides liability against any negligent activity on the 13 property that result in damage to someone who then decides to sue the County. He said N.C. 14 has no case law on liability to a conservation easement holder. He said other states do have 15 this. He said there have been liability cases where a third party was injured due to a lack of 16 monitoring on the conservation restrictions. He said this is why he recommends that there be 17 liability insurance in the easement requirements. 18 Commissioner Dorosin asked for more clarification on this. He proposed the example of 19 a resident trespassing on the easement and being killed by a falling tree. 20 John Roberts gave the example of a resident drowning on the easement because of an 21 unnatural object that shouldn't be there, such as a tire swing or some other object that is man - 22 made. He said the easement is supposed to be a wild conservation easement that is 23 maintained in its natural state. 24 Commissioner Dorosin asked if the easement is accessible to the public. 25 John Roberts said only the landowner and his guests may be on the easement. 26 Commissioner Pelissier said she is confused about this insurance for the easement 27 versus any insurance the property already owns on the land. 28 John Roberts said the land is not developed, so he does now know what insurance the 29 owner would have. 30 Commissioner Pelissier asked if this is not part of the landowner's property. 31 John Roberts said the only dwelling on it is a mobile home. 32 33 A motion was made by Commissioner Gordon, seconded by Commissioner Dorosin to 34 approve the Manager's recommendation for the Board to adopt and authorize the Chair to sign 35 the resolution approving the acceptance by Orange County of the conservation easement and 36 authorize the Chair and the Clerk to sign the conservation easement agreement, subject to final 37 review by staff and County Attorney, with a closing and recordation of the document expected 38 to occur on or about December 31, 2013. 39 40 Commissioner Rich asked what would happen if the landowner does not agree. She 41 asked if the easement would be lost. 42 John Roberts said that is what would happen. 43 Michael Talbert said this is under a time constraint of December 31, 2013. 44 Commissioner Price asked for clarifications on what the land owners would agree to 45 pay. 46 Rich Shaw said he has spoken with the owners, but there has not been an opportunity 47 to negotiate a price. He said the owners have objected to this particular provision, as they 48 believe the specified amount is too high. The owners also feel it is a burden to have the County 49 as a third party. 50 Commissioner Price asked if this has been an issue with other easements.