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<br /> <br />ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br /> <br />ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: March 8, 2018 <br /> Action Agenda <br /> Item No. 8-e <br /> <br />SUBJECT: Resolution of Approval – Conservation Easement Amendment for Keith <br />Arboretum <br /> <br />DEPARTMENT: Environment, Agriculture, Parks <br />and Recreation (DEAPR) <br /> <br /> <br />ATTACHMENTS <br />1. Resolution of Approval <br />2. Site Map <br /> <br /> <br />INFORMATION CONTACT: <br />David Stancil, 245-2522 <br />Kim Livingston, 245-2514 <br /> <br /> <br /> <br />PURPOSE: To consider a resolution approving an amendment to a conservation easement <br />held by Orange County for the Keith Arboretum now owned by Pickoretum, LLC. <br /> <br />BACKGROUND: In September 2005 the Board authorized Orange County’s acceptance of <br />a conservation easement from Dr. Charles Keith. The Keith Arboretum, as it is now known, <br />was purchased by Jeffery Fisher of Pickoretum, LLC. The Keith Arboretum is located at the <br />end of Marion’s Ford Road (off Dairyland Road) in Bingham Township. <br /> <br />The conservation easement helps to protect 45 acres of arboretum consisting of an <br />estimated 5,000 different species of plants as well as the undeveloped woodlands, and the <br />Morgan Creek headwater streams located on the property. The conservation easement was <br />completed and recorded on May 19, 2006. <br /> <br />The property is comprised of four adjoining tracts (Attachment 2). The former Keith <br />residence – a restored 1830’s log cabin – and the Arboretum are located on a 19-acre parcel <br />(Tract A). Tracts B, C and D are entirely wooded and undeveloped. Future development <br />rights were relinquished, with the exception of potential walking trails and a potential future <br />visitor/educational center and maintenance buildings for the Arboretum (restricted to Tract <br />A). Tracts B and C were to remain entirely undeveloped. <br /> <br />The owner initially requested an amendment to the easement that was broad in scope and <br />did not maintain or enhance the conservation values of the property. DEAPR staff has <br />worked with Fisher to amend the conservation easement to better serve the needs of the <br />arboretum while upholding the original conservation values of the property. The following <br />proposed amendments have been agreed upon by Fisher and staff: <br /> <br />• Remove the allowance for expanding the existing residence in exchange for <br />allowing the proposed new building footprint to be larger (1,000 square foot to <br />2,000 square foot), within the “Building Envelope”. <br />o Rationale: One for one swap of building footprint <br />1