074-06RESOLUTION
BY THE
FREDERICK COUNTY BOARD OF SUPERVISORS
Conservation Easement Program
Conservation Easement #01-06 -Good Earth Family Limited Partnership
The Board of Supervisors of Frederick County, in regular meeting on the 24"' 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 Family Limited Partnership voluntarily offers to Frederick
County a Conservation Easement to protect, in perpetuity, two properties identified by Property
Identification Numbers 48-A-19 & 48-A-19B, with a total of 55.0142 acres, in the Back Creek
Magisterial District; and
WHEREAS, The use ofthe Good Earth Family Limited Partnership properties is consistent
with the Frederick County Comprehensive Policy Plan; and
WHEREAS, The terms of the Good Earth 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 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, preserve scenic vistas both from the public road and from the Tuscarora Trail,
protect a historic building, 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
PDRes 18-06
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, SE IT ORDAINED by the Frederick County Board of Supervisors
that Frederick County accepts Conservation Easement #O1-06 -Good Earth 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.# 18-06
BOS Resolution No. 074-06
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
NO ACTION TAKEN AT 05/24/06 BOARD MEETING DDE TO MEMO OF DNDERSTANDING WITH
VIRGINIA ODTDOORS FOIINDATION BEING POSTPONED FOR DP TO 60 DAYS.