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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: November 16, 2021 <br /> Action Agenda <br /> Item No. 8-d <br /> SUBJECT: Approval of Trail Easement and Conservation Easement Amendment— Carl and <br /> Eve Shy Property <br /> DEPARTMENT: Environment, Agriculture, Parks <br /> and Recreation (DEAPR) <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. Location Map David Stancil, 245-2510 <br /> 2. Site Map Christian Hirni, 245-2514 <br /> 3. Deed of Trail Easement <br /> 4. Conservation Easement Amendment <br /> PURPOSE: To accept a trail easement donation for the purpose of construction of a section of <br /> the NC Mountains-to-Sea Trail (MST) and a small parking area, and to approve an amendment <br /> of an existing conservation easement held by the County. <br /> BACKGROUND: Dr. Carl and Eve Shy own two parcels totaling approximately 45 acres adjacent <br /> to the OWASA Cane Creek Reservoir lands in Bingham Township. The Shys donated a <br /> conservation easement on this land to the County in 2002. During MST public meetings in 2017, <br /> Mr. Shy declared an interest to also donate land for a Trail Easement, along with a small field for <br /> a potential informal parking area, for the purposes of the MST. With a trail easement, the <br /> landowner retains ownership of the land and certain rights, but yields the right of public access <br /> and the County's right to construct and maintain a trail for the purposes of the Mountains to Sea <br /> Trail. Because of the location at the intersection of Bradshaw Quarry Road and Apple Mill Road, <br /> and its adjacency to the OWASA Cane Creek Reservoir lands where the MST would traverse, it <br /> is a vital connection point for the MST in this area. Please see the attached maps. <br /> In addition to the trail easement donation, a modification is needed to the existing Shy <br /> conservation easement to allow for the trail. This conservation easement amendment has been <br /> agreed to by both parties and is attached. <br /> FINANCIAL IMPACT: Since this is a trail easement donation, there is no purchase cost of the <br /> trail easement. Estimated closing costs (easement survey, title search, recording fees, etc.) are <br /> projected to be approximately $15,000-$20,000 to be paid by the County. Funding would come <br /> from the existing Mountains to Sea Trail capital project funds ($330,000 balance). Any closing <br /> costs for the conservation easement amendment would come from the same. <br />