Agenda - 04-20-2018 8-d - Resolution of Approval – Conservation Easement Amendment for Keith Arboretum

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• Allow for new structures or improvements proposed for locations outside the “Building Envelope” to be built provided they are for the care, maintenance or enjoyment of the arboretum and located on Tract A or B. o Rationale: Allows for better and safer management of the Arboretum as well as providing a better facility for public access. • Allow for the construction and maintenance of pervious farm roads necessary to carry out the improvements and permitted uses permitted on the Property. o Rationale: Allows for better and safer management of the Arboretum. • Allow Grantor to raise bees, or permit others to raise bees on the property, to support the horticultural activities occurring within the Keith Arboretum; and to graze sheep for the care and maintenance of the arboretum within the arboretum boundary. Grazing would not be allowed within a 100-foot wide stream buffer and must comply with a current Conservation Plan. o Rationale: Allows for sustainable management of the Arboretum, decreasing the need for herbicides. • Trees may be removed, cut and otherwise managed to restore forest composition and structure, to control insects and disease, to prevent personal injury and property damage, or to salvage wind-thrown timber. Such management activities must be pursuant to a Forest Management Plan prepared by a North Carolina Registered Forester, the selection of whom is mutually agreed upon by Grantor and Grantee and which management activities must be agreed to in advance by Grantee and Grantor. o Rationale: Allows for sound, sustainable forest management practices to restore pine forests to hardwood forests. • Allow Grantor to engage or contract others to engage in any activity designed to repair, restore, or otherwise enhance the natural resources found or once present on the Property, that are consistent with the Conservation Values of this Conservation Easement and subject to the written approval of the Grantee and the Natural Resources Conservation Service. o Rationale: Allows for natural resource value enhancement. The Land Conservation Manager has evaluated the proposed amendment relative to purposes of the conservation easement and the protection of the property’s “conservation values”, and believes the proposed amendment strengthens the protection of the property afforded by the conservation easement, while allowing this unique asset to be shared with the community. Additionally, staff has received and reviewed a previous question regarding the protection of the rare and specimen trees on the property, and that topic is addressed via the attached memorandum which was previously provided to the Board. FINANCIAL IMPACT: The amendment to the conservation easement is likely to incur some transaction costs. The estimated cost to the County would be less than $1,000, which would be paid from the Professional Services account within the Lands Legacy Fund. RECOMMENDATION(S): The Manager recommends that the Board adopt the Resolution approving the amendment to the conservation easement and authorize the Chair to sign the Resolution. 2