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15 <br /> Attachment 3 <br /> Existing Restrictions on the Use of OWASA Property <br /> The following parcels located in Orange County's proposed corridor for the MST may have <br /> limitations on their use for the MST or require another party's approval before the land could <br /> be used: <br /> 1. Lands with Easements funded by Clean Water Management Trust Fund (CWMTF) — <br /> Exhibit 1 is a map which identifies OWASA land near the proposed MST corridor that has <br /> easements on them which were funded by the CWMTF. (Note: OWASA also has <br /> conservation easements which were funded by CWMTF that are on private land. The <br /> use of these lands for the MST would be up to the private property owner and not <br /> OWASA). The easements on these lands protect 300 foot riparian buffers along <br /> streams. The CWMTF easements mention the use of trails, but do not clearly identify <br /> their allowance. Staff contacted CWMTF, and they indicated that they would allow <br /> trails, but would want to approve the final plans for the trail. They requested that best <br /> management practices be used in trail design, with an emphasis on constructing trails <br /> on contour, minimizing the number stream crossings, and maximizing trail distance from <br /> the buffered streams where possible. <br /> 2. Dean Heirs land —This parcel is shown in darker green (brighter green when viewed <br /> electronically) in Exhibit 1. The CWMTF provided funds to OWASA to purchase this <br /> parcel, but it was owned by three heirs to an estate. Two of the heirs sold their interest, <br /> but the third held their interest. Thus, OWASA only owns 2/3 interest in this tract. We <br /> have an agreement with the CWMTF to purchase the property when the owner is ready <br /> and to protect the 300 foot stream buffers on the property. The CWMTF would allow <br /> trails as a use, but the other owner would need to approve the use of the property for <br /> the MST. <br /> 3. Cane Creek/Mickey Subdivision —When Cane Creek Reservoir was built, OWASA entered <br /> into an agreement with the owners of Cane Creek Subdivision (also referred to as <br /> Mickey Subdivision in early documents) which allowed the landowners access to their <br /> properties along a road conveyed to OWASA under the agreement. The landowners and <br /> OWASA all share in the maintenance of the road as outlined in the agreement. One of <br /> the conditions of that agreement reads "OWASA hereby agrees and covenants that <br /> there will be no recreational access points with the land formerly or now referred to as <br /> the Mickey Subdivision...". Counsel has advised that while this agreement was intended <br /> to be for access to Cane Creek Reservoir, it would also preclude allowing the MST to use <br /> the lands included in the plat referenced in the road agreement. Exhibit 2 shows the <br /> OWASA and private land in the Cane Creek Subdivision; the MST could not use the land <br /> in this area. OWASA owns land on either side of the access road that is outside the <br /> platted Cane Creek Subdivision that could be used for the MST if allowed by the OWASA <br /> Board of Directors (note: one side of the road is the Dean heirs property described <br /> above). <br /> 4.9 <br />