Agenda - 01-16-2002 - 5a - Laserfiche WebLink

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s Carl and Eve Shy own 45 aces located east of Bmtlshaw Ouany Rcatl (Bingham Township) in Cane Creek watershed -within the%-mile"critical area'of Cene Creek Reservoir. The Shys purchased the propedy in 1980 and have es[abllshed a home there comprised of their residence, several outbuildings, s meadow with native wildflower plots, and a pond. The home site is sunoundetl by mature woodlands antl severel acres of open pasture, which is usetl by a local fanner to produce hay and wrn. The Shy property has many conservation values, which will receive permanent protection via the conservation easement. Those values include natural area and wildlife habitat asacciatetl with an itlentifed County natural area ske, and prime farmland which continues to be usetl to grow hay and Deco. The land also contributes to the coral character end open space prevalent In this section of Bingham Township antl to the protection M high quality dtlnkinq water in the Cane Creek Reservoir. Preservation of this land by the SM1ys will complement the mnsitlemble effortr by OWASA [o conserve other lands in the Cane Creek watershed. To date, OWASA owns or has easements cn 2,842 acres in Cane Creek watershed. The Shy property is contiguous to OWASA land holtlinga around [he Reservoir Siefl antl the County Attorney have woBetl with the Shys to craft an easement that meets me familys needs and the County's interests. The easement would cover 44.71 acres (two contiqueus treMa in single ownership). Future development rights would be relinquished through the easement, with the exception of one atltlitional home site and a few other improvements as denoted in the easement. A"present cond'Rion report"describing the present mntlRion of the pmpeliy has been prepared by staff antl will be incorpara[etl into the easement FINANCIAL IMPACT: The Shye are offering to "donate"the conservation easement, with no nwnetary compenaation far their voluntary decision to restriM future development of this property In accoNance with theterms of the easement In exchange for the donation,the owners may be entitled to receive federal and state tax benefits available to landowners that donate wnservafion easements. Staff will assist the Shys in purauing [hose benefits. Orange County (ERCD) will aeaume [he task of monitoring the property on en annual basis and helping to enfiroe the development restrictions. Orenge County will pay same of the transaction costs, including $1,0110 towak thecoat of surveying the propedy, which will be paid from the Lands Legacy Fund. RECOMMENDATION(S): The Manager recommends that the BOartl adopt the resolution approving the easement antl authorize the Chelr to sign the easement, subjeM to final review by staff antl County Adorney.