Title
Vote on a request to approve Stinking Creek Conservation Easement and Supplemental Indemnity Agreement.
Abstract
Action Requested: Vote to approve Stinking Creek Conservation Easement and Supplemental Indemnity Agreement.
Introduction & Background:
At the May 2, 2011 Regular Board of Commissioners meeting Chatham Park Investors LLC (the developer of Chatham Park) requested that the County serve as Grantee on a conservation easement for 43 acres +/- on Stinking Creek within the boundaries of Chatham Park. The Board voted 4-1 (Kost opposing) to serve as the Grantee for the conservation easement, provided any potential liability issues could be worked out. The Corps of Engineers refused to permit a statement in the easement that the County would under no circumstances have any liability with respect to enforcement.
The developer has now agreed to indemnify the County if it incurs any expense in enforcing the conservation easement, and that obligation is set out in the supplemental indemnity agreement. The County has the right to enforce the easement, but the risk that it will be called upon to do so is relatively low given that the Corps of Engineers has its own enforcement obligations.
At the May 2nd meeting Commissioner Petty asked for a recommendation from County Public Works Director David Hughes. Hughes said that at some point if the County is developing in this watershed and it had an impact the County may be able to offset that impact and mitigate with land available from this easement, which will be helpful to the County. A “qualified party” has to hold the easement and the County is a qualified party, as is a 501(c) (3) organization such as the Sierra Club or the Nature Conservancy
Discussion & Analysis:
Budgetary Impact: N/A
Recommendation: Vote to approve Stinking Creek Conservation Easement and Supplemental Indemnity Agreement.