COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

ACE Program - Acceptance of Landowners’ Offer to Sell a Conservation Easement

 

 

SUBJECT/PROPOSAL/REQUEST:

Adopt a resolution accepting a landowners’ offer to sell a conservation easement

 

 

STAFF CONTACT(S):

Tucker, Foley, Davis, Cilimberg, Kamptner

 

AGENDA DATE:          

February 11, 2004

 

ACTION:                            INFORMATION:

 

CONSENT AGENDA:          

    

ACTION:   X                      INFORMATION:

 

ATTACHMENTS:     Yes

 

REVIEWED BY:

 

BACKGROUND:

ACE regulations require each landowner who desires to sell a conservation easement to submit a written offer to the County to sell the easement for a fixed price, determined by an appraisal and subject to an adjustment based on adjusted gross income.  Said easement is also subject to the terms and conditions contained in a proposed deed of easement negotiated by the parties.  The regulations also require that, if the Board accepts the offer, it must do so in writing and only after an action by the Board authorizing acceptance.  The Board is not required to accept an offer to sell a conservation easement.  Either the Albemarle County Public Recreational Facilities Authority (“PRFA”) or the Virginia Outdoors Foundation (“VOF”) may be co-holders of the easements.

 

Regulations also require the ACE Committee to recommend which parcels, from an initial pool of applicants, the board should invite to submit offers to sell conservation easements on.  In the event a higher ranked applicant(s) drops out of this initial pool, the Committee may slide down the ranking list and substitute another parcel(s) that is lower ranked provided it is still eligible. 

 

STRATEGIC PLAN:

Goal: 2.1 – “Protect and/or preserve the County’s rural character”.  Goal: 2.2 – “Protect and/or preserve the County’s natural resources”.

 

DISCUSSION:

On January 14th, 2004, the Board of Supervisors approved staff’s recommendation to waive the existing method (according to the ACE ordinance) of determining income for Henley Forest, Inc., applicant from the 2002-03 pool.  Upon receiving this approval, the County Attorney extended the landowner an “Invitation to Offer to Sell” a conservation easement to the County.  On January 26th, the County received an offer to sell a conservation easement from Henley Forest, Inc. on the following property consisting of two (2) individual tax parcels:

 

Owner                     Tax Map-Parcel Number                         Price                                       Co-holder

Henley Forest, Inc.   TM 6, Parcel 15             296.370 acres                $237,644                       PRFA

Henley Forest, Inc.   TM 6, Parcel 17             186.630 acres                                                    PRFA

Total                                                                       483.000 acres               

 

RECOMMENDATION:

Adopt the attached resolution accepting the offer to sell a conservation easement to the County, for the price specified and subject to the terms and conditions contained in the proposed deed of easement and authorize the County Executive to sign the final deed of easement for the property.

 

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