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File #: 24-255   
Type: Resolution (Consent) Status: Passed
File created: 5/10/2024 In control: Parks & Recreation
On agenda: 5/28/2024 Final action: 5/28/2024
Enactment date: 5/28/2024 Enactment #: 2024-197
Title: Commissioners Worley & Cloninger - Parks and Recreation - To Approve a Conservation Easement and Assignment of Rights and Obligations for the Catawba Cove Property and Authorize the County Manager or her Designee to Finalize, Execute and Record all Documents Necessary to Complete the Transaction
Sponsors: Ronnie Worley, Cathy Cloninger
Attachments: 1. Adopted 2024-197, 2. Deed of Conservation Easement, 3. Bargain Purchase and Sale Contract

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Commissioners Worley & Cloninger - Parks and Recreation - To Approve a Conservation Easement and Assignment of Rights and Obligations for the Catawba Cove Property and Authorize the County Manager or her Designee to Finalize, Execute and Record all Documents Necessary to Complete the Transaction

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STAFF CONTACT

Cathy Hart - Parks and Recreation - 704-922-2162

BUDGET IMPACT
budget

No Additional County Funds.

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BUDGET ORDINANCE IMPACT

N/A

BACKGROUND

Gaston County, the Catawba Lands Conservancy, the Conservation Fund, and Duke Ventures Real Estate are partnering to preserve the 577-acre Catawba Cove Property which lies along the headwaters of Lake Wylie in the southeastern portion of Gaston County.  The Partners wish to preserve the character, aesthetic qualities, and ecological integrity of the property while providing a public recreation area available for all the citizens of Gaston County.  This property will provide unique opportunities for Gaston County residents to enjoy the outdoors and the project is consistent with the Gaston County strategic plan. The Gaston County Board of Commissioners approved a conservation easement on the northern portion of the property via Board Action 2023-204.  A separate conservation easement is necessary for the southern portion of the property.  Both conservation easements must be recorded upon closing of the property.  This easement is a condition of the North Carolina Land and Water Fund Grant which is funding a large portion of the purchase. A final draft of the easement is attached to this Board Action. In addition to the easements, The Conservation Fund, which currently holds the Bargain Purchase and Sale Contract with Duke Ventures Real Estate, LLC seeks to assign their purchase rights under that agreement to Gaston County to allow the County to avoid holding and interest costs.  Formal acceptance of the assignment and approval of signature authority is needed for closing.  Approval of this Board Action authorizes the County Attorney to finalize and the County Manager or her designee to execute documents related to the conservation easement, the Assignment of Rights and Obligations Under Bargain Purchase and Sale Contract and closing documents as necessary for property purchase.  Further, approval authorizes any minor changes necessary to finalize said documents.  No additional appropriations are necessary as a result of this Board Action.

POLICY IMPACT

 N/A

 ATTACHMENTS

Deed of Conservation Easement; Assignment of Rights and Obligations Under Bargain Purchase and Sale Contract