Agenda - 02-20-2007-6a - Laserfiche WebLink

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Mr. Ranells and Mr. Bergmann intend to grant a conservation easement on the entire 61 acres, which includes both cropland and pasture. ERCD Staff and the County Attorney have worked with the owners to prepare an easement agreement that meets their needs and the County's interests. The easement also conforms to federal guidelines pursuant to the federal Farm and Ranch Land Protection Program, which will also contribute funds to this project. The Orange Water and Sewer Authority (OWASA) has agreed to partner with the County on the purchase of this conservation easement. The easement would further OWASA's goals of protecting water quality in the Cane Creek Watershed. The OWASA Board of Directors has agreed to participate in the easement, and would -contribute up to $61,000 toward the purchase price, with the final amount to be determined at a subsequent meeting of the OWASA Board. The easement would permanently protect the entire 61 -acre property for farm use. The existing residence and farm buildings are clustered within a "Farmstead Area" located in the middle of the property. No future residential buildings or subdivision would beallowed. Future farm activities will need to be in accordance with a Conservation Plan prepared for this site by the Orange Soil and Water Conservation District. All other future non-agricultural development rights would be extinguished through the easement. ERCD will monitor the property on an annual basis. A copy of the draft easement is attached. A survey of the property is underway, which when completed may change the exact size of the conservation easement property. FINANCIAL IMPACT: Two appraisals were conducted to determine the fair market value of the development rights that will be removed from the land. The purchase price for the easement is $277,050. Including survey and other transaction costs, the total cost of the project is approximately $283,000, with $138,525 of that amount to be reimbursed by the federal Farm and Ranch Land Protection Program. Orange Water and Sewer Authority has agreed to participate, and would potentially contribute $61,000 to the project (actual amount subject to final approval of the OWASA board). The County's share of the cost (approximately $83,550 with OWASA's full financial participation, or up to $145,000 with a lesser amount from OWASA) would come from existing funds budgeted from the $3.0 million in alternative financing for conservation easements approved by the Board of Commissioners in FY 2002-03 and previously appropriated. The Budget office will bring a Capital Project Ordinance for this project forward in an upcoming budget amendment. RECOMMENDATION: The Manager recommends that 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 March 31, 2007.