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Natural Area Donated Land
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Natural Area Donated Land
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7/10/2014 2:27:37 PM
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logical for another agency to acquire the parcel if they already have experience and staff to <br /> manage parcels with a similar use. <br /> Ownership by Non -profit Conservation Group <br /> The parcel could be accepted by a private preservation group such as the Nature Conservancy. <br /> While these groups are usually interested in acquiring and preserving a relatively specific type of <br /> habitat, their advantage lies with their familiarity with that type of habitat and how to manage such <br /> sites effectively. <br /> Land Trust <br /> Typically, in a land trust arrangement, a non profit group raises money for the acquisition of <br /> land to be protected from development and works out an agreement with a municipality for <br /> O&M. This option does not directly fit in with the scope of this discussion since the property is <br /> offered as a donation. However, there are some ways in which this concept could be used to <br /> facilitate the acquisition of a parcel offered for donation. For example, if a parcel had a public <br /> improvement assessment which the City could not afford, a non profit group could acquire the <br /> parcel through donation and raise funds to pay the assessment with the City providing O&M for <br /> the site. Thus, the City's natural area goals would be met. <br /> Private Ownership - Conservation Easements and Enforcement Authority <br /> Private ownership offers options which would provide limited control over the use of the parcel. <br /> The parcel could be owned privately by an individual with a conservation easement granted to the <br /> City which would control the use of the natural area. A conservation easement could also be <br /> obtained for a parcel which is a common area owned by a homeowner association. A third way <br /> could be to incorporate use restrictions into CC &R's for a common area of a subdivision. The <br /> easement description would specify the area covered and the type of use restrictions. <br /> The disadvantage of private ownership is that enforcement of the conservation provisions would <br /> be up to private parties who may not share the same goals as the City for preservation and <br /> management of these areas. A way around this limitation would be for the City to adopt <br /> ordinance provisions or zoning changes which would provide the necessary City enforcement <br /> authority. An example would be to expand the proposed ordinances currently being developed to <br /> provide for buffers and streamside protection zones in the West Eugene Wetlands to include all <br /> areas of the City. <br /> Signed and recorded Agreement between City and Property Owner /Developer <br /> In this scenario, the City and the property owner / developer would enter into a signed <br /> agreement for setbacks and easements which would place restrictions on the use of the area <br /> identified and allow City access for monitoring and maintenance. This agreement would then be <br /> recorded as an encumbrance upon the property. The City would then have legal recourse if the <br /> agreement was ever violated <br /> 7 <br />
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