Site Control and Land Rights

Read as a desk report

PE-05 · Matrix · Additional Permitting

Rating: 3Resource is present, likely difficult to address
Why: Core of the site; partly avoidable
Worst case: Not above the rating
Evidence: Reported

Cited claims: 20
Requirements: 0
Requests: 2

Rating

3Resource is present, likely difficult to address

The engine shows this rating as 3

The rule

Code computed the rating from the assessor's inputs:

extent=core, avoidable=partly -> 3

Set by the rule

Decision

Released with flags

The engine's reasons

Uncited absence claims to weigh: C-f77ef514cf (no record in the annex)
Numbers not found in cited evidence: 31.0
Agencies not in the register or the evidence: Carroll County

Evidence state

Reported · desktop, consultant or developer record

Worst case

The same rule on the worst case gives no rating above the point.

Scenario: The Parcel 11 trustee holds out with no condemnation available, and Brenwick will not waive its second pad, removing array area and forcing a road right-of-way collection route and access redesign.
Step still pending: Parcel 11 negotiation and Brenwick accommodation agreement
Inputs in the worst case: Extent core · Avoidable partly · Pathway individual · Impact likely yes
The rule on the worst case: worst case (extent=core, avoidable=partly -> 3) not above the point
Claims that make it plausible: C-61e6db1965, C-ebcacfde9b, C-7d33945087, C-9099731d6e, C-7dce4e6e67

Revision

First verdict: weakened
First critique: Core and partly-avoidable inputs are reasonable, and Parcel 11 and Brenwick are well supported. Weakened by unsupported specifics: the 1.3-mile route, the 1912 date and no-liability coal wording, and 'well above appraisal'. The agencies are thin. Category 3 looks right.

Revised once after the first critique. Rating unchanged.

The five inputs

Present: yes
Site control is through option-to-lease agreements on 12 of 14 parcels plus a recorded collection line easement on Parcel 7 (C-04c97c05c7, C-1f788fe1e5), so land rights and third-party rights on title are present.
Cites C-04c97c05c7, C-1f788fe1e5
Extent: core
Parcel 11 is not under any agreement and the planned collection route and East Block access road cross it (C-3ce7653be3, C-cd08e1f358, C-489cabb421). The Brenwick lessee's planned second pad on Parcel 2 overlaps about 9 acres of the array layout and its accommodation agreement is unsigned (C-7d33945087, C-9099731d6e). Control of buildable area is therefore incomplete. Mitigating: title found no other severed minerals beyond coal and oil and gas (C-9dcc852809) and no setback waivers are needed (C-2a27cb9782), so the issues are concentrated.
Cites C-3ce7653be3, C-cd08e1f358, C-489cabb421, C-7d33945087, C-9099731d6e, C-9dcc852809, C-2a27cb9782
Avoidable: partly
Without Parcel 11 the collection line would follow the Linnet Road right-of-way, which needs a county right-of-way permit (C-7dce4e6e67, C-4c5acf992f). East Block access also crosses Parcel 11 and no alternative is documented (C-489cabb421). The Brenwick pad overlap could remove array area unless an accommodation agreement is signed (C-7d33945087, C-faaf963eae). The Parcel 9 SNDA is a routine step (C-2a9dd4b09a). The Parcel 9 coal severance is a constraint, but the coal was largely mined out (C-343e9b9832).
Cites C-7dce4e6e67, C-4c5acf992f, C-489cabb421, C-7d33945087, C-faaf963eae, C-2a9dd4b09a, C-343e9b9832
Pathway: individual
The Parcel 11 trustee has declined the standard option twice, which is holdout behaviour, and the Project has no condemnation power (C-61e6db1965, C-ebcacfde9b). The Brenwick mineral lessee holds surface-use rights and the accommodation agreement is unsigned (C-dcf3900993, C-9099731d6e). The other items (memoranda of lease, SNDA, pipeline crossing agreement) are routine (C-b22b20654d, C-2a9dd4b09a, C-d257ecfe8e).
Cites C-61e6db1965, C-ebcacfde9b, C-dcf3900993, C-9099731d6e, C-b22b20654d, C-2a9dd4b09a, C-d257ecfe8e
Impact likely: yes
An uncontrolled parcel is needed for the collection route and East Block access (C-cd08e1f358, C-489cabb421). A mineral lessee with surface rights has a planned pad overlapping about 9 acres of array (C-7d33945087). The Parcel 9 coal reservation carries a right to mine (C-579694c789). The Parcel 9 conservation easement is rated under EN-07.
Cites C-cd08e1f358, C-489cabb421, C-7d33945087, C-579694c789

Comments

Options cover 12 of the 14 parcels (1,063.4 acres). Parcel 11 (31.0 acres) is unleased, needed for collection and East Block access; its trustee declined the option twice. Brenwick accommodation agreement is unsigned; its second pad overlaps about 9 acres of array. Parcel 9 SNDA and coal reservation remain open.

Critique

Verdict: upheld
Suggested direction for the rating: same
Summary: Assessment is largely supported by the cited quotes. Only minor issues: an unsupported Parcel 9 conservation easement mention, the unexplained 14th parcel, and a judgment-call extent. The uncited assignment clause does not weaken it.
Critic model: Luminol

Issues

Severity minor · Kind unsupported_statement
The impact_likely rationale mentions a Parcel 9 conservation easement rated under EN-07. No cited claim mentions it. Cite a claim or drop the sentence.
Cites C-579694c789
Severity minor · Kind missing_next_step
Options cover 12 of 14 parcels and only Parcel 11 is named as uncontrolled. The 14th parcel's status is never explained. Parcel 7 may be easement-only. Confirm it and add option expiry dates against the December 2026 COD.
Cites C-04c97c05c7, C-3ce7653be3
Severity minor · Kind overstatement
Extent 'core' is a judgment call. Parcel 11 is 31 acres and the pad overlap is about 9 acres, against 780 buildable acres. It rests on Parcel 11 being essential for the collection route and access. A confirmed Linnet Road route and an East Block access alternative would settle it. 'Holdout behaviour' is also an inference from a truncated quote.
Cites C-3ce7653be3, C-61e6db1965, C-cd08e1f358

Checks

Passed
rating_has_evidence · blocking
Passed
presence_is_evidenced · not blocking
Failed
counter_evidence_considered · not blocking
Uncited absence claims to weigh: C-f77ef514cf (no record in the annex)
Failed
numbers_grounded · not blocking
Numbers not found in cited evidence: 31.0
Failed
agencies_grounded · not blocking
Agencies not in the register or the evidence: Carroll County
Passed
cutoff_respected · blocking
Passed
critic_not_refuted · blocking

Evidence (20)

Each claim the row cites: the statement in the assessor's words, then the quote the engine found on the page.

Arrow keys move the selection. A middle-click opens the claim's own page.

Option and Lease Summary - Tamsin Ridge Solar and Storage Project

C-04c97c05c7 · Page 1 of 2 · DR-0004

Open the claim

Site control is through option-to-lease agreements on 12 of 14 parcels (1,063.4 acres) plus a recorded collection line easement on Parcel 7.

Quote check Exact · Placed verbatim · The quote occurs on the page exactly as written. · Read as native

Northfold Energy Partners, LLC Development office: 88 East Broad Street, Suite 1400, Columbus, Ohio 43215 | northfold-energy.example Option and Lease Summary Tamsin Ridge Solar and Storage Project, Harrison Township, Carroll County, Ohio Prepared by the Northfold land team for Tamsin Ridge Solar, LLC. May 30, 2023. 1. Site control at a glance Tamsin Ridge Solar, LLC holds option-to-lease agreements on 12 of the 14 parcels (1,063.4 acres) and a recorded underground collection line easement on Parcel 7 (45.6 acres). Parcel 11 (31.0 acres, Okerlund Family Trust) is not under agreement. Each option was recorded by a memorandum of option in the Carroll County Recorder's office. Term Standard form (all 12 options) Option period 5 years from execution, with one 3-year extension on notice and payment Option payments Annual per-acre payment during the option period; credited against rent Lease term 35 years from the commercial operation date, with two 5-year renewals Rent Fixed annual rent per fenced acre with a 2% annual escalator; crop damage paid Use Solar generation, battery storage, substation, collection and gen-tie lines, roads Lessor reservations Hunting outside the fence; farming of unfenced land; oil and gas rights Decommissioning Lessee removes all facilities to a depth of 36 inches and restores the soil within 12 months after the lease ends; lessee posts security Drain tile Lessee repairs or reroutes tile damaged by construction Assignment Free assignment to affiliates and lenders; lender protections included 2. Status by landowner Landowner Parcels Acres Agreement Executed Varnum Farms LLC 1, 2 215.1 Option to lease Aug. 16, 2021 Jessamy and Corwin Strohl 3, 4 160.6 Option to lease Oct. 4, 2021 Hallorann Land Company LLC 5, 6 165.5 Option to lease Nov. 22, 2021 Delphine Asquith 7 45.6 Collection line easement Recorded Nov. 3, 2022 Bertrand and Ione Kellerman 8 79.8 Option to lease Jan. 18, 2022 Pettibone heirs (Ada Pettibone, trustee) 9, 10 210.0 Option to lease Feb. 7, 2022 Okerlund Family Trust 11 31.0 None; in negotiation - Marlis Thornbury 12, 13 155.2 Option to lease Mar. 29, 2022 Ruedell Partners LLC 14 77.2 Option to lease June 30, 2022 Northfold land team - privileged and confidential Page 1 of 2

The outline marks where the quote begins on the page.

Page 1 of Option and Lease Summary - Tamsin Ridge Solar and Storage Project

C-04c97c05c7
Site control is through option-to-lease agreements on 12 of 14 parcels (1,063.4 acres) plus a recorded collection line easement on Parcel 7.
Quoted from page 1
holds option-to-lease agreements on 12 of the 14 parcels (1,063.4 acres) and a
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 1 · 2023-05-30
Source developer_document · Claim type project_fact · Polarity neutral · Confidence high · Quote check exact, 100 of 100
See it on page 1, claim C-04c97c05c7
C-1f788fe1e5
Option-to-lease agreements cover 12 parcels and a recorded collection line easement covers Parcel 7.
Quoted from page 1
Option-to-lease agreements cover 12 parcels, a recorded collection line easement covers Parcel 7
Tamsin Ridge Solar and Storage Project - Project Description · DR-0001 · Page 1 · 2023-06-12
Source developer_document · Claim type project_fact · Polarity neutral · Confidence high · Quote check exact, 100 of 100
See it on page 1, claim C-1f788fe1e5
C-2a27cb9782
No setback waivers have been requested because no local or state setback applies to the solar facility.
Quoted from page 2
No setback waivers have been requested, because no local or state setback applies to the solar facility.
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30
Source developer_document · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100
Cited by PE-01 · Filed under PE-01, PE-05
See it on page 2, claim C-2a27cb9782
C-2a9dd4b09a
Requires an SNDA from Carrow Savings Bank for the Parcel 9 mortgage.
Quoted from page 1
Record a subordination, non-disturbance and attornment agreement from Carrow Savings Bank as to the
Commitment for Title Insurance No. ATA-23-0418 (Parcels 2, 5 and 9) · DR-0006 · Page 1 · 2023-04-18
Source public_record · Claim type constraint · Polarity neutral · Confidence high · Quote check exact, 100 of 100
See it on page 1, claim C-2a9dd4b09a
C-343e9b9832
Coal beneath Parcel 9 was largely mined out by the Elsby No. 2 Mine.
Quoted from page 2
The coal was largely mined out by the Elsby No. 2 Mine
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30
Source developer_document · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under EN-02
See it on page 2, claim C-343e9b9832
C-3ce7653be3
Parcel 11 (31 acres) is not under any agreement.
Quoted from page 2
Not under agreement (Parcel 11, acres) | 31
Parcel Schedule 2023-07-14 · DR-0005 · Page 2 · 2023-07-14
Source developer_document · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100
See it on page 2, claim C-3ce7653be3
C-489cabb421
Parcel 11 lies between the West and East Blocks; the planned collection route and East Block access road cross it.
Quoted from page 2
The planned collection route and
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30
Source developer_document · Claim type constraint · Polarity presence · Confidence low · Quote check exact, 100 of 100
Filed under EN-01, PE-05
See it on page 2, claim C-489cabb421
C-4c5acf992f
A county right-of-way permit is needed for any collection line in the Linnet Road right-of-way.
Quoted from page 2
A county right-of-way permit for any collection line in the Linnet Road right-of-way.
Traffic and Access Memo - Tamsin Ridge Solar and Storage Project · DR-0020 · Page 2 · 2023-06-19
Source consultant_memo · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under EG-03, PE-05
See it on page 2, claim C-4c5acf992f
C-579694c789
A 1912 deed severed Parcel 9 coal and reserved the right to mine it by underground methods without liability for surface damage.
Quoted from page 2
A 1912 deed severed the coal beneath Parcel 9 and reserved the right to mine it
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30
Source public_record · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under EN-02, PE-05
See it on page 2, claim C-579694c789
C-61e6db1965
The Parcel 11 trustee has declined the standard option twice and asked for a purchase price well above appraisal.
Quoted from page 2
The trustee has declined the standard option twice and asked for a
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30
Source developer_document · Claim type stakeholder · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by CO-02 · Filed under CO-02, PE-05
See it on page 2, claim C-61e6db1965
C-7d33945087
The lessee's planned second pad on Parcel 2 overlaps about 9 acres of the array layout.
Quoted from page 2
The lessee's planned second pad on Parcel 2 overlaps about 9 acres of the
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30
Source developer_document · Claim type presence · Polarity presence · Confidence low · Quote check exact, 100 of 100
Cited by EN-01 · Filed under EN-01, EN-02, PE-05
See it on page 2, claim C-7d33945087
C-7dce4e6e67
Without Parcel 11, the collection line would follow Linnet Road right-of-way about 1.3 miles, needing a county right-of-way permit and adding cost.
Quoted from page 2
the collection line would follow Linnet Road in the
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30
Source developer_document · Claim type constraint · Polarity presence · Confidence medium · Quote check exact, 100 of 100
Filed under EG-03, PE-05
See it on page 2, claim C-7dce4e6e67
C-9099731d6e
An accommodation agreement with Brenwick is in draft and not signed; until then a lender will see an unsubordinated surface use right.
Quoted from page 2
in draft and not signed. Until it is, a lender will see an unsubordinated surface use right.
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30
Source developer_document · Claim type constraint · Polarity presence · Confidence high · Quote check exact, 100 of 100
See it on page 2, claim C-9099731d6e
C-9dcc852809
No severed mineral estate other than coal (Parcel 9) and oil and gas (Parcels 2 and 5) was found.
Quoted from page 3
No mineral estate other than coal (Parcel 9) and oil and gas (Parcels 2 and 5) was found severed.
Commitment for Title Insurance No. ATA-23-0418 (Parcels 2, 5 and 9) · DR-0006 · Page 3 · 2023-04-18
Source public_record · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100
Cited by EN-02 · Filed under EN-02, PE-05
See it on page 3, claim C-9dcc852809
C-b22b20654d
Memoranda of the solar leases for Parcels 2, 5 and 9 must still be recorded.
Quoted from page 1
Record memoranda of the solar leases for Parcels 2, 5 and 9, executed and acknowledged by the owners of
Commitment for Title Insurance No. ATA-23-0418 (Parcels 2, 5 and 9) · DR-0006 · Page 1 · 2023-04-18
Source public_record · Claim type constraint · Polarity presence · Confidence high · Quote check exact, 100 of 100
See it on page 1, claim C-b22b20654d
C-cd08e1f358
Parcel 11 (Okerlund Family Trust) has no agreement, in negotiation, and is needed for collection route and East Block access.
Quoted from page 1
None (in negotiation) | No | No | Needed for collection route and East Block access
Parcel Schedule 2023-07-14 · DR-0005 · Page 1 · 2023-07-14
Source developer_document · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under EN-01, PE-05
See it on page 1, claim C-cd08e1f358
C-d257ecfe8e
The easement crosses the Calder Gathering Company natural gas gathering line, requiring the grantee to obtain a written crossing agreement and keep required clearance.
Quoted from page 1
Grantee will obtain that company's written crossing agreement and keep the clearance it requires.
Underground Collection Line Easement Agreement - Parcel 7 · DR-0003 · Page 1 · 2022-11-03
Source public_record · Claim type constraint · Polarity presence · Confidence medium · Quote check exact, 100 of 100
Cited by EN-01, PE-03 · Filed under EN-01, PE-03, PE-05
See it on page 1, claim C-d257ecfe8e
C-dcf3900993
An oil and gas lease to Brenwick Exploration, with pooled unit, allows surface use for wells, pads, roads, pipelines and tanks on Parcels 2 and 5.
Quoted from page 2
surface as is reasonably necessary for wells, pads, roads, pipelines and tanks. Affects Parcels 2 and 5.
Commitment for Title Insurance No. ATA-23-0418 (Parcels 2, 5 and 9) · DR-0006 · Page 2 · 2023-04-18
Source public_record · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100
Cited by EN-01 · Filed under EN-01, EN-02, PE-05
See it on page 2, claim C-dcf3900993
C-ebcacfde9b
No condemnation power is available to the Project.
Quoted from page 2
No condemnation power is available to the Project.
Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30
Source developer_document · Claim type constraint · Polarity presence · Confidence low · Quote check exact, 100 of 100
See it on page 2, claim C-ebcacfde9b
C-faaf963eae
An accommodation agreement or partial surface release from Brenwick Exploration is required for oil and gas lease areas to be occupied by the solar facility; otherwise no affirmative coverage.
Quoted from page 1
Record an accommodation agreement, or a partial release of surface rights, from Brenwick Exploration, LLC
Commitment for Title Insurance No. ATA-23-0418 (Parcels 2, 5 and 9) · DR-0006 · Page 1 · 2023-04-18
Source public_record · Claim type constraint · Polarity presence · Confidence high · Quote check exact, 100 of 100
Filed under EN-02, PE-05
See it on page 1, claim C-faaf963eae

Requirements and permits

The requirements the assessor tied to this row, by level. Each quote from dated law is shown with its source.

No requirement is tied to this row.

Information requests

IR-7d328a6772 · High priority
Provide the mineral ownership or surface-use review for the project area, or confirm none exists.
Missing evidence
Mineral ownership or surface-use review
Consequence
Site Control and Land Rights is rated on partial evidence without it.
Blocks the decision
No
Raised by
completeness
IR-5f0015e952 · High priority
Provide the parcel control table or site control summary for the project area, or confirm none exists.
Missing evidence
Parcel control table or site control summary
Consequence
Site Control and Land Rights is rated on partial evidence without it.
Blocks the decision
No
Raised by
completeness

Next steps

Resolve Parcel 11 by negotiation, or confirm the Linnet Road alternative (county right-of-way permit) and East Block access.
Execute the Brenwick accommodation agreement, the Parcel 9 SNDA and memoranda of lease.
Build a parcel control table with option expiry dates against the COD schedule.

Agencies

Carroll County

Cost and impact

Impact: C, S
Potential cost level: M-H
Why: Essential Parcel 11 is missing and its trustee has declined the option twice. A minerals accommodation, SNDA and possible collection rerouting are pending.

Impact: C = cost, S = schedule. Potential cost level: L, L-M, M, M-H, H (relative to a utility-scale solar budget).