AGENDA #9
TO: Mayor and Town Council
FROM: Council Committee on Conservation Easements on Town-Owned Lands: Sally Greene, Ed Harrison, and Jim Ward, Chair
SUBJECT: Recommendation to Proceed with Development of Proposed Conservation Easements
DATE: November 21, 2005
The purpose of this report is to determine Council support for the creation of conservation easements on Town-owned open space along Morgan Creek so that the Council Committee may continue its work on this project. Adoption of the attached resolution would authorize the Committee and Town Manager to take the next steps to develop proposed conservation easements and cost estimates for Council consideration.
BACKGROUND
On February 9, 2004, the Council received a petition proposing that the Council place a conservation easement on 32 acres of land the Town had recently acquired along Morgan Creek, between Smith Level Road and U.S. 15-501 South. The land adjoins other Town-owned open space in the Morgan Creek corridor and is across 15-501 from Merritt Pasture.
In response to the petition, the Council on May 10, 2004, indicated support for the concept of establishing conservation easements on Town owned open space in this area. This Council Committee was formed to work further on the issue.
Over the course of the past several months, the Committee has met with Johnny Randall of the N.C. Botanical Garden and Botanical Garden Foundation and Jeff Matsen of the Triangle Land Conservancy, reviewed sample conservation language, considered maps and aerial photographs of the area of interest, and walked the property, including the 32-acre tract acquired as well as other contiguous Town-owned parcels.
DISCUSSION
Based on our work thus far, the Committee is in full agreement in now recommending the establishment of conservation easements on these Town-owned properties, including Merritt Pasture.
The next steps that would be necessary in this process will require a more substantial investment of time by Town staff than the staff support for the Committee’s work thus far. We are therefore now asking for the Council’s concurrence in this Committee recommendation. With the Council’s support, we would ask the Manager for a recommendation and begin the next steps in this process. Specifically, we believe the next steps will include the following:
1. Updating survey information the Town now has for the Town-owned parcels along this corridor and including Merritt Pasture. (This may be done by Town staff or may be contracted out.)
2. Identifying any Town-owned parcels or parts of parcels that, due to their location, might not be appropriate for inclusion in the conservation easements.
3. Determining the appropriate locations for the placement of conservation easement signs.
4. Identifying locations along the surveyed property lines where such signs should be placed.
5. Obtaining pricing for purchase and installation of the easement signs. We have a preliminary estimate of $8,000 for this part of the project.
6. Developing acceptable language for the conservation easements.*
*The Committee believes that there are at least three different possible easements to be created based on the nature of the properties in this area:
a. those which will have minimal development and only unpaved trails;
b. those which will have paved greenways
c. Merritt Pasture, which will have unique protections for its viewshed value, special vegetation and other interests.
Part of the survey work will include drawing new boundaries between parcels based on differing conservation provisions and identifying sites for paths and potential sites for low-impact recreation.
7. Reviewing and refining a worksheet submitted on behalf of the Botanical Gardens Foundation proposing fees and tasks that would be included in a management agreement for the Foundation to monitor the property. We anticipate that there would be an annual performance agreement between the Town and the Foundation. Under such an agreement the Foundation would:
a. communicate with adjoining property owners;
b. walk the property at least twice per year;
c. document and report any encroachments or other evidence of non-compliance with the conservation easements; and,
d. provide an action plan for addressing encroachments.
Preliminary estimates are that the Foundation could assume these responsibilities under a performance agreement with the Town for approximately $1,500 per year.
COMMITTEE RECOMMENDATION
The Committee recommends that the Council adopt the resolution authorizing the Committee to continue to work on this project and referring this to the Manager with a request that staff be authorized to conduct such further surveys and prepare additional maps that are needed for the Council to consider this matter further. If the staff is unable to take on these tasks within a reasonable time frame, the resolution would authorize the Manager to report back to the Council with a proposal for funding these tasks to be preformed contract agents.
ATTACHMENT
