October 06, 2009 Land Committee Minutes

Items for Follow-up

John D., RJ T., Scott N. and Don E. will meet sometime to develop a CCF Policy Paper addressing our Energy Development Policy.

□ RJ T. will be finalizing work on DWF’s Leo Ranch Conservation Easement document.

□ Don E. will look over current stewardship endowment spreadsheet to see if the variables in it are current.

□ Land Committee will set up a meeting or meetings with City of Frisco and/or NTMWD sometime in the future.

Available Projects (still open for a Volunteer)

□ Investigation of Collin County bond funds and grants that are available for trails and trail enhancement plantings on conservation easement lands and/or on for open space acquisition.

□ Create a power point template for upcoming outreach presentations (based on current CCF presentation).

□ Create public/private educational presentations to market our services.

□ Complete easement templates on 8 other easements (started by Dave Baldwin).

Committee Chair:
Marcus Yarbrough
Date of Next Meeting:
11/03/2009 / Members Present:
Marcus Yarbrough, Don Engleman, John Dugdale, RJ Taylor (CCF staff), Luanne Samuel (CCF staff)

1. Potential New Easements – proposed Anita Martin Equestrian Center

Presentation on Anita Martin Equestrian Center in Parker County by Chuck Milliken, attorney and Gary Martin, ex-husband of Ms. Martin. Anita Martin dictated in her will that the 120-acre site be donated to an organization that could carry on the equestrian activities, and that the property be preserved from future development. RJ Taylor electronically distributed Criteria Evaluation sheet prior to meeting. The executors for the estate and the attorney have been in discussions with TCU about donating the currently developed portion of property and associated fields to the university for a women’s equestrian center. Their proposed project would be a 12 million dollar, world class facility. Mr. Milliken has written the first pass at the conservation easement. TCU’s attorney had suggested that it contain options for TCU to be able to subdivide the property at a later time if it so chooses in order to sell off portions of the property from the equestrian portion and/or the fields and floodplain portion. Based on the draft language, the natural portion (about 40 acres) and the upper improved pasture (approximately 12 acres) could not be partitioned off. Discussions by the Land Committee members showed a preference that the easement not contain an option for such partitioning. That preference was conveyed to MR. Milliken. He will be meeting with TCU’s attorney later in the week, and references to reserved rights for such a partitioning will be removed from the draft easement document. The committee also wanted additional information about the number of grazers that would be allowed in the pastures, and the fencing of the undeveloped areas from the pastures.

2. Potential New Easements – proposed Montalcino Estates Conservation Development

Brief update on the proposed easement in Flower Mound. RJ Taylor updated the committee to let them know that Scott Norris and he had met with the consultant to revise the development plan. The revised layout recently received from them still allows for 50% of property within Town area to be developed, and creates protection on large parcels of the environmentally sensitive areas. RJ Taylor electronically distributed Criteria Evaluation sheet prior to meeting. The Town of Flower Mound has dictated to the developer that they need to have a commitment letter from the third party holder for the easement before they can move ahead with P&Z reviews. Due to the lack of several committee members at the October meeting and the need for further action and possible voting, further discussions will be circulated electronically. RJ will also distribute the latest easement layout and a draft of the conservation easement document as written by developer’s attorney. An endowment estimate of about $75,000 was emailed to developer for both portions of easement (in Town and ETJ).

3. Other Potential Easement/Fee Land Donations - 80 ac. Davis Tract on Eagle Mountain Lake

RJ Taylor visited the property with Megan McConnell, the representative and daughter of the Davis family, to view the property and to discuss a conservation easement option for their family lands. RJ indicated to the committee that this is one of the last remaining large tracts of land undeveloped in this area. The tracts of land were assembled by her grandfather, and her parents wish that the land be preserved in its natural state. The property is managed by the father and siblings as a company. They have had great concerns for the tax levels on the undeveloped land due to its proximity to the Ft. Worth area, and do not wish to put cattle on it in order to get an agricultural exemption. They cannot get a wildlife exemption because they have not had it in Ag for the previous years, therefore a C.E. may be their best option for reducing the taxes. RJ had earlier put the family in touch with Joe Milkes to start discussions on appraisal issues as they might related to estimates of tax savings.

Property was found to contain large areas of high quality grasslands and Cross Timbers habitat, along with a historical cemetery dating back to the 1850’s. If an easement is accepted by the Davis family, they would retain about 5 existing large weekend homesites on the property, several scattered cabins, a few barns and one additional proposed building envelope. No cattle or horses are currently on property, but Ms. McConnell does release rescued/rehabilitated deer. Property also contains a previous lakefront dance hall/brothel and cabins dating back to the 1940’s. (The dancehall/brothel are now privately used by family for gatherings, but could potentially be used for educational events such as environmental field trips and seminars if property is put under easement.) One existing Barnett well drill pad and one additional pad is designated on property. Ms. McConnell will discuss the easement option with her parents and siblings and get back to RJ with any additional questions.

4. Other Potential Easement/Fee Land Donations - 5.43 ac. Twelve Hills Nature Center.

RJ Taylor electronically distributed Criteria Evaluation sheet prior to meeting. No updates on potential sources of funding for endowment. It was determined that there may be currently $6000 available in the Nature Center’s budget funds for restoration work.

5. Other Potential Easement/Fee Land Donations - 75 ac. Eliz. Kuebler potential fee land donation in Hunt County

RJ Taylor met with Ms. Kuebler and her daughter on the property last week. Both wish to see the property preserved from future development. Ms. Kuebler has written in her will that the property would go to her daughter upon her passing, with the restrictions on development and the establishment of a pet endowment to care for the donkeys and horse. According to Ms. Kuebler’s attorney, our further “marketing” and interaction with Ms. Kuebler may convince her to designate Connemara as recipient of either an easement or as a future fee recipient of the land.

6. Current Easement Preparation

- Leo Ranch easement document being finalized.

- Skip Barnett CE-1 easement document being finalized, with plans for signing at the October 17th Connemara event.

- Draft easement document on Woodson Place Conservation Development in Rains County to be started soon.

7. Stewardship Issues

-  The Sanctuary – erosion issues being addressed on edges of easement by roadways and sidewalks with HOA and their landscape contractor. Also, HOA is considering a non-paved path across the western easement parcel. RJ is working with the HOA to determine an acceptable layout if they decide to move ahead on the project.

8. Other Items

- Issues and question came up about the economics assumptions and variables in Connemara Conservancy’s stewardship endowment calculations. RJ indicated that the model was generated by previous staff and by Robert Pope. Don Engleman will review the spreadsheet for the committee.

- RJ will be attending the LTA Rally in Portland, OR next week.

- CCF Energy Development Policy still needs to be prepared.