ORDINANCE NO. ORD-2014-

Transcription

1 ORDINANCE NO. ORD AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION EASEMENT UNDER THE MARYLAND RURAL LEGACY PROGRAM (Re: Spoonire Conservation Easement) RECITALS 1. The Maryland Rural Legacy Program ("RLP") provides the funding necessary to protect large, contiguous tracts of land and other strategic areas from sprawl development and to enhance natural resource, agricultural, forestry and environmental protection through cooperative efforts among State and local governments. 2. Protection is provided through the acquisition of easements and fee estates from willing landowners and the supporting activities of Rural Legacy Sponsors and local governments. 3. For FY 2014, Washington County (the "County") was awarded RLP grants totaling $1.245 million dollars (the "RLP Funds"). 4. Richard A. Spoonire and Kendra S. Spoonire, husband and wife, (collectively, the "Property Owner") are the fee simple owners of real property consisting of acres, more or less, (the "Property") in Washington County, Maryland. The Property is more particularly described on Exhibit A attached hereto. 5. The County has agreed to pay the sum of approximately ONE HUNDRED FIFTY- ONE THOUSAND NINE HUNDRED FIFTY DOLLARS ($151,950.00), which is a portion of the RLP Funds, to the Property Owner for a Deed of Conservation Easement on the Property (the "Spoonire Conservation Easement"). THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland that the purchase of a conservation easement on the Property be approved and that the President of the Board and the County Clerk be and are hereby authorized and directed to execute and attest, respectively, all such documents for and on behalf of the County relating to the purchase of the Spoonire Conservation Easement. ADOPTED this day of June, ATTEST: Vicki C. Lumm, Clerk BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND BY: Terry L. Baker, President

2 Approved as to legal sufficiency: Mail to: Office of the County Attorney John M. Martirano 100 W. Washington Street County Attorney Hagerstown, MD 21740

3 EXHIBIT A--DESCRIPTION OF EASEMENT AREA Situate at 5400 Mount Briar Road, Keedysville, Maryland and being more particularly described in accordance with a survey by Frederick, Seibert and Associates dated April 14, 2014 as follows: Beginning for the outline hereof at a point in the west margin of the Rails for Trails property at the southeast corner of lands herein after described, running thence with lands of Leona and Steven Saville (Liber 1606, folio 373) S W feet to a point in the existing fence line, thence N W feet to an existing fence post, thence S W feet to an existing fence post, thence N W feet to a fence line stump, thence S W feet to a fence line tree, thence N W feet to a fence post, thence S W feet to a point in the stone row, thence S W feet to an existing iron pin and cap in the eastern line of lands of Andrew and Dorothy Cukier (Liber 4169, folio 434), thence with said lands N E feet to an existing iron pin and cap, thence N E feet to an existing iron pin and cap, thence N E feet to an existing iron pin and cap, thence N E feet to an existing iron pin and cap, thence with lands of Kia Young (Liber 1499, folio 156) N E feet to an existing fence post, thence N E feet to an existing fence post, thence N E feet to an existing fence post, thence N E feet to an existing fence post, thence N E feet to a point near the intersecting fence lines, thence with lands of Joseph and Anne Scheerer (Liber 1367, folio 1015) S E feet to a fence post, thence S E feet to a fence post, thence N E feet to a point in the west margin of the Rails for Trails property, thence with said lands S W feet to a point, thence S W feet to a point, thence S E feet to a point, thence S E feet to a point, thence S E feet to a point, thence S E feet to a point, thence S E feet to a point, thence S E feet to a point, thence S E feet to a point, thence S E feet to a point, thence S E feet to a point, thence S E feet to a point, thence S E feet to the place of beginning; Containing acres of land; Said lands being all the remaining lands as conveyed by Dolyn L. Eby and Donna M. Eby to Richard A. Spoonire and Kendra S. Spoonire by deed dated April 23, 2008 and recorded at Liber 3488, folio 447 among the Land Records of Washington County, Maryland. I:\Documents\Planning\Spoonire RLP Easement\ORD\Ordinance.docx

4 MOUNT BRIAR RD Spoonire Map WARNING!: This map is for internal use by the Washington County Planning Department. It is not for general distribution to the public, and should not be scaled or copied. Sources of the data contained hereon are from various public agencies which may have use restrictions and disclaimers The parcel lines shown on this map are derived from a variety of sources which have their own accuracy standards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteed by Washington County Maryland or the Maryland Department of Assessments and Taxations to be free of errors including errors of omission, commission, positional accuracy or any attributes associated with real property. They shall not be copied, reproduced or scaled in any way without the express prior written approval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replace an accurate survey by a licensed professional and information shall be verified using the relevant deeds, plats and other recorded legal documents by the user Feet Miles Printed: Tuesday, May 13, 2014 Printed by: cboggs

5 Rural Legacy Program (RLP) Information Purpose of Program: RLP seeks to protect farmland and open space which contains significant agricultural, environmental and cultural/historic features. The Maryland Department of Natural Resources (DNR) funds the program and protects land mainly with the use of permanent easements. However, the Board of County Commissioners (BOCC) of Washington County is the holder of RLP easements. Easement Valuations: The price paid for permanent easements is determined using a valuation worksheet. The more of the above listed features on the property, the higher the easement values. Priority of Properties: As with most programs of this sort, there is a chronic shortage of funds available. Therefore, properties that are contiguous to existing permanently protected land are given priority. Other priorities include: prime agricultural lands; prime woodland (CREP is encouraged); land with environmental features needing protection such as endangered species, streams, sinkholes, and properties with historic value such as Antietam Battlefield area. Processing of Applications: Each year, Washington County applies to DNR for RLP funding. Negotiations then begin with landowners who have expressed interest in the program. There are many steps until easement settlement occurs and the process takes about a year to complete once properties are chosen for processing. After the BOCC approves the applications, the Board of Public Works in Annapolis makes final selections for funding. For More Information: Contact Eric Seifarth using information in the above letterhead or by eseifarth@washco-md.net I:LandPreservation/RuralLegacy/basicinformation.doc