Title:
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Acquisition of Conservation Easements (ACE) Appraisals and Purchases for FY 2016 Applicant Class
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AGENDA DATE: 10/12/2016
TITLE: Acquisition of Conservation Easements (ACE) Appraisals and Purchases for FY 2016 Applicant Class
SUBJECT/PROPOSAL/REQUEST: Request approval of appraisals and purchases of top three properties from FY 2016 ACE applicant class
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Walker, Blair, Herrick, Benish, Goodall
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND:
On May 4, 2016, the Board adopted the Acquisition of Conservation Easement (ACE) Committee's recommendation to appraise the top five ranked properties from the FY 2016 applicant pool, namely: the Brigish, Moon, Evans, G. Clarke and P. Clarke properties (see Attachment A). Based on pre-appraisal estimated easement values, the ACE Committee believed the ACE Program fund balance would be sufficient to purchase most but not all of the easements. The Committee sought pre-approval to appraise all of the top ranked properties in the event that (a) any higher-ranked applications were withdrawn or (b) the appraised values were lower than anticipated, allowing the acquisition of more easements.
Under County Code ? A.1-111(A), the Board of Supervisors determines which ACE easements are to be purchased: "From the list of applications received under section A.1-110(D), the board of supervisors shall designate the initial pool of parcels identified for conservation easements to be purchased. The size of the pool shall be based upon the funds available for easement purchases in the current fiscal year and the purchase price of each conservation easement in the pool established under section A.1-111(B)." If any applicants withdraw from consideration, other applicants may be substituted until the eligible applicants or available funding is exhausted.
After two new acquisitions last spring, the County has now acquired easements on 46 properties, protecting the open-space resources of 8,992 acres. The County has acquired these easements at a cost that is 20% less than the appraised easement value due to the use of grants and donations, and adjustments to price based on owner income.
STRATEGIC PLAN:
Natural Resources: Thoughtfully protect and manage Albemarle County's ecosystems and natural resources in both the rural and development areas to safeguard the quality of life of current and future generations
Rural Areas: Preserve the character of rural life with thriving farms and forests, traditional crossroad communities, and protected scenic areas, historic sites, and biodiversity.
DISCUSSION:
The total funds currently available for easement acquisitions is $1,052,199, including $155,807 of unused Virginia Farmland Preservation grant funds. (See Attachment B - "ACE Budget for FY 2016"). These unused grant funds are held by the state Office of Farmland Preservation (OFP) in a restricted account for up to two years, until the County submits a Reimbursement Claim Form for 50% of the total acquisition costs. These unused grant funds would be used for the acquisition of the two highest-priority properties.
If the County acquires the Brigish, Moon and Evans easements at their total appraised value of $784,500, the remaining $267,699 could be used to acquire at least one of the remaining Clarke easements. Because the Board previously adopted the ACE Committee's recommendation to appraise all five of the top ranked properties (with sufficient funding), staff has already requested appraisals of the two Clarke properties.
BUDGET IMPACT:
Funding for the purchase of these conservation easements would be paid for from existing funds in the CIP-Planning-Conservation budget (line-item 9010-81010-580409) and grants from the Virginia Office of Farmland Preservation (OFP).
RECOMMENDATIONS:
The ACE Committee and staff recommend that the Board:
1) Authorize staff to invite the owners of the Brigish, Moon, and Evans properties to make written offers to sell conservation easements to the County for no more than:
* $314,500 for the Brigish easement,
* $65,000 for the Moon easement, and
* $405,000 for the Evans easement;
2) Accept offers from any of these owners to sell conservation easements for no more than the above amounts; and
3) Authorize the County Executive to sign on behalf of the County the Deeds of Easement and related forms for any or all of these three easements once such documents are approved by the County Attorney.
ATTACHMENTS:
A - Ranking Order for FY 2016 ACE Applicants
B - Budget for FY 2016 ACE Applicants