COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Acceptance of FY 2004-05 and FY 2005-06 landowners’ offers to sell conservation easements

 

 

SUBJECT/PROPOSAL/REQUEST:

Adopt resolution accepting FY 2004-05 and FY 2005-06 landowners’ offers to sell conservation easements.

 

STAFF CONTACT(S):

Tucker, Foley, Davis, Kamptner, Cilimberg, Benish, Goodall

 

 

LEGAL REVIEW:   YES

 

 

AGENDA DATE:

January 10, 2007

 

ACTION:                            INFORMATION:   

 

CONSENT AGENDA:

  ACTION:    X                    INFORMATION:   

 

 

ATTACHMENTS:       Yes

 

 

REVIEWED BY:

 

 

 

BACKGROUND:

Acceptance of FY 2004-05 landowners’ offers to sell a conservation easement – On July 5, 2006, the Board of Supervisors approved the appraisals for the FY 2004-05 applications and approved extending invitations to submit offers to sell easements to those properties. On November 1, 2006, the Board of Supervisors formally accepted offers submitted by three applicants from this six-applicant class (Vieille, Boyle and Donnelly).  The remaining three applicants (Metcalf/South, Davey and Rock Mills Land Trust) had not yet submitted their offers to sell easements to the County.  Since the November meeting, Metcalf/South and Davey have submitted their offers to the County.  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.  The 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.  Staff expects to receive an offer from the remaining applicant in this class (Rock Mills Land Trust) later this month.

 

Acceptance of FY 2005-06 landowners’ offers to sell a conservation easement – On November 1, 2006, the Board of Supervisors also approved the appraisals for the FY 2005-06 applications and approved extending invitations to submit offers to sell easements to those properties.  Thus far, three applicants (Motley, Fields and Huckleberry Hills Farm) have officially submitted their offers to the County.  Staff expects to receive offers from the other two applicants in this class later this month. 

 

STRATEGIC PLAN:

Goal 2. Protect the County’s Natural Resources.

Goal 4. Effectively Manage the County’s Growth and Development.

 

DISCUSSION:

Acceptance of FY 2004-05 landowners’ offers to sell a conservation easement - From the Round 5 (FY 2004-05) applicant pool, the County recently received offers to sell conservation easements from Metcalf/South and Davey.  These easements will be co-held by the County and the Public Recreational Facilities Authority (PRFA).

 

Owner                           Tax Map-Parcel Number                         Price                 Co-holder          DR’s Eliminated

Metcalf/South                TM 97, Parcel 24A         (145.710 acres)              $150,000           PRFA               7

 

Davey                           TM 112, Parcel 5           (271.740 acres)              $516,000           PRFA               14

                                    TM 112, Parcel 15B       (  22.490 acres)

                                    Total                             (294.230 acres)

 

These easements will provide the following conservation values: 1) elimination of 21 development rights; 2) over 10,000 feet of road frontage on a Virginia Byway; 3) approximately 10,000 feet of stream/river frontage protected by riparian forest buffers; and 4) 439.94 acres of permanently protected land. 

 

Acceptance of FY 2005-06 landowners’ offers to sell a conservation easement - From the Round 6 (FY 2005-06) applicant pool, the County recently received offers to sell conservation easements from Motley, Fields and Huckleberry Hills Farm  Two other applicants from this pool (Chester, and Hook) have not yet submitted offers to sell conservation easements to the County.  Offers to sell are anticipated from these applicants once they have adequately assessed the County’s invitation to submit an offer and accepted the exact terms and conditions of the deed of easement.


Owner                           Tax Map-Parcel Number                         Price                 Co-holder          DR’s Eliminated

Motley                          TM  66, Parcel 3            (  36.600 acres)             $100,000           PRFA               1

 

Fields                           TM  81, Parcel 48          (110.810 acres)              $275,000           PRFA               9

 

Huckleberry Hills Farm   TM  19, Parcel 1(A)        (181.320 acres)              $263,550           PRFA               13

TM  19, Parcel 1(B)        (  17.750 acres)

TM  19, Parcel 1(C)        (    4.980 acres)

TM  19, Parcel 1(D)        (  14.690 acres)

TM  19, Parcel 4            (  18.910 acres)

Total                             (237.650 acres)

 

The Motley, Fields and Huckleberry Hills Farm easements will provide the following conservation values: 1) elimination of 23 development rights; 2) over 1,000 feet of road frontage on a Virginia Byway; 3) over 5,600 feet of common boundary with other properties currently protected by easement; and 4) 385.06 acres of permanently protected land.

 

A summary of all the conservation values protected by the ACE Program after six rounds of applications is found in Attachment “D”.  This attachment also shows the conservation values for each of the six classes. 

 

BUDGET IMPACT:

For the first four years of the ACE program, in which the County acquired easements on sixteen properties and protected 3,759 acres, the County’s net cost was approximately $3,125,737 out of the County’s budgeted funds of $3,872,500.  Although a portion of unspent funds can be attributed to attrition (approved applicants withdrawing or not making offers to sell), $357,933 was leveraged from outside contributions and additional savings were realized from adjustments of easement value from the income grid (see Attachment “C”).  If the County acquires easements on all eleven applicants from FY 2004-05 and FY 2005-06 as currently valued, the County will have acquired easements on twenty-seven properties and protected 5,497 acres at a cost of up to $6,012,099.  The County’s budgeted funds of $5,872,500 for that period combined with additional funding from outside contributions ($489,433) will cover the cost. 

 

Funding for the purchase of conservation easements from both applicant classes comes from the CIP-Planning-Conservation budget (line-item 9010-81010-580409) and the CIP-Tourism-Conservation budget (line-item #9010-72030-580416), a budget previously approved by the Board to fund ACE properties with “tourism value”. 

 

RECOMMENDATIONS:

The following recommendations are provided for action by the Albemarle County Board of Supervisors:

 

1)       Adopt the attached Resolution (Attachment A) accepting FY 2004-05 applicants’ offers (from Metcalf/South and Davey) 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 each property.
 

2)   Adopt the attached Resolution (Attachment B) accepting FY 2005-06 applicants’ offers (from Motley, Fields and Huckleberry Hills Farm) to sell a conservation easement to the County, for the prices specified and subject to the terms and conditions contained in the proposed deeds of easement, and authorize the County Executive to sign the final deed of easement for each property.

 

ATTACHMENTS

A – ACE Resolution Accepting Offers to Sell FY 2004-05 Easements to the County

B – ACE Resolution Accepting Offers to Sell FY 2005-06 Easements to the County

C – Net Acquisition Costs for ACE Easements

D – Conservation Values from Six Rounds of ACE Applications (FY 2000-06)
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