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