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ORANGE COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: December 11, 2008 <br />Action Agenda ; <br />Item No. k,f <br />SUBJECT: Resolution of Approval -Conservation Easement for the Future Northeast <br />District Park (former Kirby Property) <br />DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No <br />Conservation <br />ATTACHMENT <br />1) Resolution <br />2) Site Map <br />3) Draft Conservation Easement <br />INFORMATION CONTACT: <br />David Stancil, 245-2590 <br />Rich Shaw, 245-2590 <br />PURPOSE: To consider a resolution authorizing Orange County to grant a conservation <br />easement to the Triangle Land Conservancy for the future Northeast District Park (former <br />Kirby property). <br />BACKGROUND: On December 31, 2007 Orange County purchased a 143-acre property <br />located south of Schley Road in Little River Township. The land was acquired from F.M. <br />Kirby for a future County park and other potential public facilities and services. <br />The County's contract to purchase the property required the County to be the grantee of a <br />conservation easement for the Kirby property prohibiting, among other things, the location of <br />a solid waste landfill or a solid waste transfer station on the property. The County also <br />agreed to convey a conservation easement to the Triangle Land Conservancy (TLC) (or <br />another qualified conservation organization) "upon terms and conditions substantially similar <br />to the terms and conditions contained in the conservation easement conveyed by the Kirbys <br />to the County." <br />ERCD Staff and the County Attorney have worked with TLC to prepare an agreement that is <br />acceptable to TLC and, although more protective of the property than the conservation <br />easement from the Kirbys to the County, will allow known future County uses of the property. <br />The conservation easement will prohibit the location of a solid waste landfill or a solid waste <br />transfer station on the property and will restrict permitted development from encroaching on <br />forested stream corridors. Future activities will be required to adhere to all applicable <br />regulations intended to protect the water quality in streams located on the property. Future <br />land uses will also be in accordance with a set of conservation guidelines that will be <br />prepared for this property by the Orange Soil & Water Conservation District, also to protect <br />the water quality areas and a related forested area. <br />The conveyance of this conservation easement from the County to TLC will also extinguish <br />the conservation easement the County received from the Kirbys. The agreement with the <br />