The Declaration of Restrictive Covenants for Trust Project
Sites limits the use of the property to conservation, outdoor recreation, and
other related activities. However, Recipients occasionally receive requests
from adjacent property owners for land exchanges to expand the adjacent
development in return for other lands adjacent to the park.
When evaluating these requests, the following process must be
followed.
(1) Only local governments
may participate in land exchanges. The
Local Government must send a request to
the
Trust for a proposed land exchange. The
Trust will not accept proposals
from any other party. To be considered by the
Trust, the proposal must at a
minimum meet the following tests:
(a) The
proposed exchange parcel(s) must be contiguous to a Trust Project Site, which
could include being connected through a land bridge, easement or blue
way;
(b) The proposed exchange
parcel(s) must be at least equal to or greater in terms of upland
acreage;
(c) The proposed exchange
parcel(s) must have at least the same real estate value (as determined through
independent appraisal[s]) as the Trust parcel being given up (or monetary
compensation of the difference). There will be no monetary compensation if the
proposed parcel(s) to be exchanged have a value greater than the Trust
parcel;
(d) The proposed exchange
parcel(s) must have a significant and clear net environmental, conservation
and/or recreational benefit to the Project Site as determined by Trust staff;
and,
(e) The exchange cannot result
in a lower score based on the
Application criteria.
If it is determined that no discernable net environmental,
conservation, and/or recreational benefit to the Project Site would be achieved
through the land exchange, the request will be
denied.
(2) If the
above tests are met, the
Trust staff will then request the below additional
information to further evaluate the request.
(a) A written statement from the Recipient's
governing council that it has reviewed the proposal and that the governing body
conceptually approves the proposed land exchange by an affirmative vote of at
least three-fourths of its members or the local requirement, whichever is
higher;
(b) A revised Management
Plan with a revised master site plan;
(c) Information on the natural communities
and cultural features found on the area to be exchanged;
(d) A survey and legal description of the
parcel to be acquired and of the parcel to be provided by the Recipient/Trust
(paid by the entity proposing the exchange and commissioned by the
Recipient);
(e) A title policy of
the parcel to be acquired;
(f)
Separate appraisals for each parcel (to be paid by the entity proposing the
exchange and commissioned by the Recipient). The appraisal shall be completed
according to the Department standards, after consultation with Department
appraisal staff. The parcel(s) to be provided by the Recipient/Trust shall be
appraised as if it did not have any development restrictions on it;
(g) Phase I environmental site assessment of
the parcel to be acquired (to be paid by the entity proposing the exchange and
commissioned by the Recipient); and,
(h) Any other items requested by the
Trust to
properly evaluate the request.
After receiving all of the above information, Trust staff
will evaluate and review the request for consistency according to the above
listed requirements. If the exchange proposal meets the above requirements and
has a net positive environmental, conservation and/or recreational benefit,
Trust staff will put the request on the agenda of the next scheduled Trust
Governing Board Meeting for consideration.
(3) If the exchange request is approved by
the
Governing Board, the
Recipient must:
(a)
Sign an amendment to the Declaration of Restrictive Covenants that provides for
the changed use of the Project Site;
(b) Record the amended Declaration of
Restrictive Covenants (and any other necessary local Government document[s]) in
the Public Records of the County where the original Declaration was recorded;
and,
(c) The entity receiving the
exchange must provide monetary compensation to the Trust if the value of the
land provided by the Recipient/Trust is greater than the land received by the
Recipient/Trust in the exchange. Such funds will be distributed between the
Trust and the Recipient in accordance with the percentages in the original
grant award.
