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075-06RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS Conservation Easement Program Conservation Easement #02-06 -Good Earth Too Family Limited Partnership The Board of Supervisors of Frederick County, in regular meeting on the 24`h day of May 2006, adopted the following: WHEREAS, The Conservation Easement Program was established by the Frederick County Board of Supervisors on August 24, 2005 to provide a means to assist county landowners in protecting and preserving farm and forest land, open space, scenic vistas, historic sites, water resources and environmentally sensitive lands, and the county's rural character; and WHEREAS, The Good Earth Too Family Limited Partnership voluntarily offers to Frederick County a Conservation Easement to protect, in perpetuity, seven properties identified by Property Identification Numbers 48-A-3A, 48-A-10, 48-A-I 1, 48-A-15D, 48-A-15E, 48-A-15K, & 48-A-17, with a total of 63.7 acres, in the Back Creek Magisterial District; and WHEREAS, The use of the Good Earlh Too Family Limited Partnership properties is consistent with the Frederick County Comprehensive Policy Plan; and WHEREAS, The terms of the Good Earth Too Family Limited Partnership Conservation Easement exceed the minimum standards as set forth in Chapter 68, Conservation Easement Program, Article 8, Easement Terms and Conditions, of the Frederick County Code; and WHEREAS, The Good Earth Too Family Limited Partnership properties obtained a score of over 15 points as set forth in Chapter 68, Conservation Easement Program, Article 7, Ranking Criteria, of the Frederick County Code; and WHEREAS, The acceptance of this easement would preserve and protect in perpetuity open space for the scenic enjoyment of the public and yield a significant public benefit, and would preserve forest land and farm land, preserve scenic vistas and protect the Back Creek watershed, which is a Virginia Department of Environmental Quality designated impaired watershed; and. WHEREAS, the Conservation Easement Authority held a public hearing on this Conservation Easement application on Apri127, 2006 and approved acceptance of the easement; and WHEREAS, the Board of Supervisors held a public meeting on this Conservation Easement application on May 24, 2006; and PDResk 19-06 WHEREAS, the Frederick County Board of Supervisors finds the acceptance of this Conservation Easement to be in the best interest of the protecting valuable county resources and the county's rural character; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County accepts Conservation Easement #02-06 -Good Earth Too Family Limited Partnership. This ordinance shall be in effect on the day of adoption. Passed this 24th day of May 2006 by the following recorded vote: Richard C. Shickle, Chairman Barbara E. Van Osten Gary W. Dove Gene E. Fisher Bill M. Ewing Charles S. DeHaven, Jr. Philip A. Lemieux PDRes.# ] 9-06 BOS Resolution No. 075-06 A COPY ATTEST John R. Riley, Jr. Frederick County Administrator NO ACTION TAKEN AT 05/24/06 BOARD MEETING DUE TO MEMO OF UNDERSTANDING WITH oIRGINIA OUTDOORS FOUNDATION BEING POSTPONED FOR UP TO 60 DAYS.