COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Acquisition of Garnett ACE Easement

 

SUBJECT/PROPOSAL/REQUEST:

Request approval of offer to purchase of Garnett ACE easement

 

STAFF CONTACT(S):

Messrs. Tucker, Foley, Davis, Herrick, Cilimberg, Benish, Goodall

 

 

LEGAL REVIEW:   Yes

 

AGENDA DATE:

December 3, 2008

 

ACTION:               INFORMATION: 

 

CONSENT AGENDA:

  ACTION:       X      INFORMATION: 

 

 

ATTACHMENTS:   Yes

 

 

REVIEWED BY:

 

 

 

BACKGROUND:

ACE regulations require that each landowner who desires to sell an open-space easement 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.  That 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 an open-space easement.  Either the Albemarle County Public Recreational Facilities Authority (“PRFA”) or the Virginia Outdoors Foundation (“VOF”) may be co-holders of the easements.

 

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:

At its November 5, 2008 meeting, the Board authorized staff to invite the Garnett family, owners of TM 44, Parcel 4J (21.500 acres) and TM 44, Parcel 4K (50.000 acres), to offer an open-space (ACE) easement over those properties at the adjusted value of $705,280.  In response to that invitation, the Garnett family has since formally offered to sell the easement at this price.  This easement would be co-held by the Public Recreational Facilities Authority.

 

Acquisition of the Garnett easement would provide the following resource protection:

 

·         protection of 72 acres of farmland

·         elimination of 9 development lots

·         1,605 feet of state road frontage (SR 676)

·         Natural Heritage resources (James spinymussel) were found within ¼ mile of both properties

·         3,812 feet of common boundary with other protected land 

·         71 acres of “prime” farmland

·         lies in the watershed of the South Fork of the Rivanna River Reservoir

·         property is a working family farm

 

BUDGET IMPACT:

Funding for the purchase of this $705,280 open-space easement comes from the CIP-Planning-Conservation budget (line-item 9010-81010-580409). 

 

RECOMMENDATIONS:

Staff recommends the Board adopt the attached resolution accepting the landowners’ offer to sell an open-space 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.

 

ATTACHMENTS

A - Resolution

Return to consent agenda

Return to regular agenda