Orange County NC Website
Browse       Search
5 <br /> <br />tending to cause embarrassment, discomfort, annoyance or nuisance to the 1 <br />neighborhood. There shall not be allowed on the aforesaid property any other things of 2 <br />any sort whose normal activities or existences is in any way noxious, dangerous, unlikely, 3 <br />odoriferous, noisy, unpleasant, or of a nature as may diminish, destroy the enjoyment of 4 <br />other property in the neighborhood by the owners thereof.” 5 <br /> 6 <br />The property owners of Keith Arboretum acted without regard to the covenants or the 7 <br />well-being of the residents of the Brights Way residential community. 8 <br /> 9 <br />THIRD: 10 <br />The current landowners and their investors purchased the Keith Arboretum with full 11 <br />knowledge of the conservation easements and covenants. 12 <br /> 13 <br />Thank you very much for your time. 14 <br /> 15 <br />Brian Dobyns said he has worked with many Orange County landowners and 16 <br />residents, putting easements on their properties, and he has concerns about the 17 <br />language in the conservation easements. He said easements need to be updated at 18 <br />times, and there are ways that enforcement can be improved. He suggested that Orange 19 <br />County and the landowner look at the easements, and monitor them better. 20 <br />Marilee McTique read the following comments: 21 <br /> 22 <br />Good Evening, my name is Marilee McTigue, and I’ve lived in Bingham Township for over 23 <br />25 years. 24 <br /> 25 <br />The community surrounding the Keith Arboretum and Pickard Mountain became aware of 26 <br />proposed amendments to the Keith Arboretum Conservation Easement hours before the 27 <br />April 17th BOCC meeting. We were shocked that potential amendments were being 28 <br />considered that would weaken the conservation value of the easement just 12 years after 29 <br />it had been established. We were also shocked that the proposal was put on the consent 30 <br />agenda without adequate documentation, discussion, or community engagement. In 31 <br />response, we mobilized the community and have reported our findings and issues to you 32 <br />in a series of messages over the last few weeks. Suffice to sat, the issues we have 33 <br />identified over the last three years are deeply disturbing to the local community and have 34 <br />led to an environment of mistrust. 35 <br /> 36 <br />I remember when Commissioner Jacobs, Dave Stancil, Dr. Keith and many of our 37 <br />neighbors gathered at Susan Walser’s home about 20 years ago to begin planning for 38 <br />how to protect this regionally significant land. Bob Nutter kicked things off by putting 39 <br />conservation easements on his property, and that was followed by Bill Burlingame, Hazel 40 <br />and Everett Cheek, Nick and Carolyn Sartor, Tim Toben, and Dr. Keith. We are all 41 <br />extremely grateful for their individual efforts to preserve this land that is a regionally 42 <br />signif icant stand of chestnut oaks, wildlife habitat, and source of drinking water for 43 <br />Chapel Hill. The County, and other easement holders, promised to protect the land and 44 <br />enforce the easements “in perpetuity.” These properties are now changing hands as the 45 <br />original owners move on with their lives, and the properties are being acquired by new 46 <br />owners and real estate developers. I don’t think anyone anticipated the challenges these 47 <br />ownership changes would rain down upon us, but the question of the level of 48 <br />enforcement of these easements can no longer be ignored. It is unclear to us whether 49 <br />the County is prepared to honor their promises to landowners and strictly enforce the 50