Agenda - 12-14-2004-6a - Laserfiche WebLink

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2 ERCD Staff and the County Attorney have worked with OWASA and the Lloyds to prepare a conservation easement that meets all parties' interests. The proposed easement would permanently protect 121 acres of the farm from non- agricultural and non- silvicultural uses. All future development rights would be purchased and extinguished, with the exception of two potential future house sites on four acres. A copy of the draft easement is attached. Because of the Lloyd's interest in planting trees on existing pasturelands for future commercial harvesting (several years from now), the proposed conservation easement includes special provisions to address commercial forestry activities. Any tree cutting (commercial or otherwise) must be in accordance with a Forest Management Plan prepared by a professional licensed forester and approved by Orange County and OWASA. New language requested by the Board at the October 5 meeting requires that a Harvest Plan be approved by the County prior to any commercial forestry activities and that the Plan require a) tree protection fencing along all 300 -foot stream buffers, b) 100 -foot buffers along public roads (also protected by tree protection fencing), c) notification of upcoming timber harvest to area landowners, and d) allowing adjacent landowners the opportunity to purchase the right to maintain buffers along their property lines. The new language is highlighted in bold print on Page 21. Easement monitoring will be accomplished jointly by ERCD and OWASA staff on an annual basis, until such time as the Board of Commissioners and the Soil and Water Board of Supervisors may enter into a memorandum of agreement for the easement monitoring to be accomplished by the Orange Soil and Water /Natural Resources Conservation Services staff. FINANCIAL IMPACT: The cost of the easement purchase — to be split equally by Orange County and OWASA — is $3,500 per acre, or an estimated $413,000. The specific acreage will be determined by a survey of the property. Including closing and other transaction costs, the total Orange County share of the project cost is expected to be $215,000. The County's share would come from the alternative financing for conservation easements approved by the Board in FY 2002 -03 ($192,000), augmented by the Lands Legacy Opportunities Fund ($27,000). The Budget office will bring a Capital Project Ordinance forward in an upcoming budget amendment abstract. RECOMMENDATION(S): The Manager recommends that the Board adopt the Resolution approving the purchase of and acceptance by Orange County of the conservation easement and authorize the Chair to sign the Resolution.