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ORANGE COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: November 6, 2008 <br />Action Agenda <br />Item No. ~ ~-~ <br />SUBJECT: Resolution of Approval -Conservation Easement Amendment for Lloyd Farm <br />DEPARTMENT: Environment and Resource <br />Conservation <br />PUBLIC HEARING: (Y/N) No <br />ATTACHMENTS <br />Resolution of Approval <br />Site Map <br />INFORMATION CONTACT: <br />David Stancil, 245-2590 <br />Rich Shaw, 245-2591 <br />PURPOSE: To consider a resolution to approve an amendment to a conservation easement <br />held jointly by Orange County and OWASA for the John and Carolyn Lloyd farm. <br />BACKGROUND: In December 2004 the Board authorized Orange County's acceptance of a <br />conservation easement from John and Carolyn Lloyd. The Lloyd property is located at the <br />intersection of Bradshaw Quarry Road and Teer Road in Bingham Township. <br />The conservation easement helps to protect 125 acres of active farmland and woodlands that <br />drain to the nearby Cane Creek Reservoir, and the easement is held jointly with the Orange <br />Water and Sewer Authority (OWASA). The conservation easement was completed and <br />recorded on February 16, 2005. <br />The 125-acre property includes the Lloyds' residence, the old farmstead, and a rental house. <br />The conservation easement protects the property for agricultural and forestry uses and <br />includes wide riparian buffers to protect the streams and the downstream reservoir. All future <br />development rights were extinguished, with the exception of two future house sites each on a <br />two-acre lot. The conservation easement allows each of the two future houses to be located <br />within atwo-acre "Future Residential Envelope", the locations of which to be determined in <br />the future by mutual agreement among the landowners, OWASA and the County. <br />In June 2008 the Lloyds took initial steps to develop one of the two future houses allowed by <br />the conservation easement for their granddaughter. The Lloyds consulted with ERCD and <br />Environmental Health to locate the house along with a well and septic system, but <br />unbeknownst to ERCD the Lloyds went ahead and subdivided the property, creating a 10- <br />acre lot exempt from County Subdivision Regulations for the future house. The Lloyds <br />understood the house would be located in a two-acre "building envelope", but did not <br />understand the easement also limited the size of the house lot to a maximum of two acres. <br />Over the past three months ERCD has worked with the Lloyds and the County Attorney to <br />remedy the situation. It became apparent that the Lloyds did not fully understand some of the <br />important easement restrictions pertaining to the two future house lots. The Lloyds agreed <br />