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Commissioner Rich asked if there are any precedents or best practices that can be <br /> referred to for this issue. <br /> John Roberts said the best practice amount would be $500,000, however this is an 11 <br /> acre easement, and there is no case in North Carolina that attaches liability to a conservation <br /> easement holder. He does not object to a lower liability amount. <br /> Chair Jacobs said he spoke the director of the N.C. Land Trust, and this organization <br /> requires insurance liability on all easements. <br /> Commissioner Gordon said she feels that the insurance provision is reasonable, and <br /> the Board should approve the resolution as it stands. <br /> Michael Talbert said this is also the manager's recommendation. <br /> Commissioner Gordon noted that there is a mis-numbered provision, and she asked for <br /> a clarification on this. <br /> John Roberts said there is a numbering error on the abstract; however this has already <br /> been corrected on the proposed executed document. <br /> Commissioner McKee asked if the landowner has provided a desired figure for <br /> insurance. <br /> John Roberts said he is not aware of any figure that has been provided. <br /> Commissioner Dorosin asked for an explanation of why this insurance is necessary. <br /> John Roberts said the insurance provides liability against any negligent activity on the <br /> property that result in damage to someone who then decides to sue the County. He said N.C. <br /> has no case law on liability to a conservation easement holder. He said other states do have <br /> this. He said there have been liability cases where a third party was injured due to a lack of <br /> monitoring on the conservation restrictions. He said this is why he recommends that there be <br /> liability insurance in the easement requirements. <br /> Commissioner Dorosin asked for more clarification on this. He proposed the example <br /> of a resident trespassing on the easement and being killed by a falling tree. <br /> John Roberts gave the example of a resident drowning on the easement because of an <br /> unnatural object that shouldn't be there, such as a tire swing or some other object that is man- <br /> made. He said the easement is supposed to be a wild conservation easement that is <br /> maintained in its natural state. <br /> Commissioner Dorosin asked if the easement is accessible to the public. <br /> John Roberts said only the landowner and his guests may be on the easement. <br /> Commissioner Pelissier said she is confused about this insurance for the easement <br /> versus any insurance the property already owns on the land. <br /> John Roberts said the land is not developed, so he does now know what insurance the <br /> owner would have. <br /> Commissioner Pelissier asked if this is not part of the landowner's property. <br /> John Roberts said the only dwelling on it is a mobile home. <br /> A motion was made by Commissioner Gordon, seconded by Commissioner Dorosin to <br /> approve the Manager's recommendation for the Board to adopt and authorize the Chair to sign <br /> the resolution approving the acceptance by Orange County of the conservation easement and <br /> authorize the Chair and the Clerk to sign the conservation easement agreement, subject to <br /> final review by staff and County Attorney, with a closing and recordation of the document <br /> expected to occur on or about December 31, 2013. <br /> Commissioner Rich asked what would happen if the landowner does not agree. She <br /> asked if the easement would be lost. <br /> John Roberts said that is what would happen. <br /> Michael Talbert said this is under a time constraint of December 31, 2013. <br />