Work on the Balkwill Woods Conservation Easement Agreement is approaching the one year mark with "many pieces falling into place." Conservation easement agreements typically take up to two years to put into place as the parties involved carefully work through the process as outlined by Canada's Ecological Gift Program. The Balkwill property, a 147 acre farm with its natural heritage including a woodland, pond/prairie restoration site and an old logging road/laneway, is located in the Town of Kingsville.
The process to preserve the natural heritage on the Balkwill property began on April 14, 2004 when brothers Bill and Jack Balkwill notified the Canada South Land Trust that they wished to donate a conservation easement on their property's natural heritage. In response, the Land Trust directors passed a resolution on May 6, 2004 to enter into negotiations with the Balkwill brothers.
In May 2004, the Essex County Field Naturalists' Club kindly made a generous donation towards costs associated with the conservation easement by providing a $4,100 grant to the Land Trust. These monies were designated towards lawyer's fees and the writing of a woodland management plan with a draft provided by forester Casey Colthurst. Lawyer Paul Peterson, who has an expertise in creative land planning, agreed to assist the Land Trust with its first conservation easement agreement.
Director Terry Anderson suggested that the Land Trust should prepare a brochure specifically describing the natural heritage on the Balkwill property. Graphic designer Scott Hughes provided a draft of a brochure for consideration at the October 2004 directors' meeting. The Land Trust is anticipating the printing of this brochure shortly.
Lawyer Paul Peterson provided a first draft of the Balkwill Conservation Agreement which was distributed to all directors at the October 2004 directors' meeting. On November 4, 2004, a telephone conference was held at Land Trust's treasurer's Tom Hurst's home with lawyer Paul Peterson to consider the Balkwill conservation easement agreement.
A search of the Balkwill property title was requested by the Land Trust. This seach, undertaken by Clarks Barristers & Solicitors during November 2004, called attention to several items on the title that then prompted the Balkwill brothers to contact their own lawyer to ensure their property title was clear.
In November 2004, the Balkwill brothers contacted Ontario Land Surveyors Verhaegen Stubberfield Hartley Brewer Bezaire Inc. to undertake a survey of their property which had not been surveyed since the 1920's. A review of the preliminary survey found that an access laneway from the residential area to the concession road was not included, so further work by surveyors was necessary in early 2005.
On a second preliminary plan of survey dated February 21, 2005, the access laneway is now shown, indicating that the woodland size is 45.645 acres, the pond/restoration site is 2.130 acres in size and the old logging road/laneway is 0.950 acres in size, for a total of 48.725 acres of natural heritage to be preserved on the Balkwill property. Land survey costs were $5,441.49 which were met through donations from the landowners and Land Trust members.
Following an outline provided in the Ecological Gifts Handbook 2003, an application to have the natural heritage on the Balkwill property declared ecologically significant was submitted on January 10, 2005 to Environment Canada. In a letter dated January 18, 2005, Environment Canada staff person Graham Bryan states that Certificates for Donation of Ecologically Sensitive Land have been provided to both Bill and Jack Balkwill. The next step would be the valuation of the proposed donation. Graham Bryan has provided guidelines and documents for this process.
Meanwhile, work on the Balkwill Conservation Easement Agreement and the woodland management plan is ongoing. A funding application to provide for the valuation of the proposed donation was submitted to the HIVA Environmental Fund on January 10, 2005 with a response received in late February of a generous donation of $2,500 towards the Balkwill land appraisal.
Anticipated upcoming work includes an Ecological Land Classification study of the woodland along with a baseline report which will document the condition of the woodland as the Conservation Easement Agreement is signed by the landowners and the Land Trust.