HomeMy WebLinkAboutAgenda - 09-20-2011 - 5mORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 20, 2011
Action Agenda
Item No. S ' rn
SUBJECT: Voluntary Agricultural District Desi nation• Maple View Farm
DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y/N) No
Parks and Recreation
ATTACHMENT(S): INFORMATION CONTACTS:
1) Application
2) DEAPR Staff Memo & Vicinity Map David Stancil, 245-2510
3) Certification from NRCS, Soil Analysis Rich Shaw, 245-2514
Chart & Map Tina Moon, 245-2517
4) Certification from Tax Supervisor
5) Draft APB Minutes August 17, 2011
6) Draft Conservation Agreement
PURPOSE: To consider an application from the Nutter family to certify Maple View Farm as
qualifying farmland within the White Cross and the Cane Creek/Buckhorn voluntary agricultural
districts.
BACKGROUND: The ten-year voluntary agricultural district agreement for Maple View Farm has
expired, and the Nutter family has decided to use this opportunity to submit a new application
with updated tract information. Maple View Farm is located along both sides of Dairyland and
Arthur Minnis roads in the northern portion of Bingham Township. The Nutters have identified
four parcels, totaling more than 382 acres, for inclusion in the voluntary agricultural district
(VAD) program.
The County's Voluntary Farmland Protection Ordinance (VFPO) outlines a procedure for the
Agricultural Preservation Board (APB) to review and approve applications for qualifying
farmland, and to make .recommendations to the Board of Commissioners concerning the
establishment and modification of agricultural districts. Section VII of the VFPO contains the
requirements for inclusion in a voluntary agricultural district. To be certified as qualifying
farmland, a farm must:
1. Consist of the minimum number of contiguous acres to participate in the present-use-
value taxation program (20 acres for forestry, 10 for agriculture and 5 for horticulture);
2. Be participating in the farm present-use-value taxation program established by
N.C.G.S. §105-277.2 through §105-277.7, or is otherwise determined by the county to
meet all the qualifications of this program set forth in G.S. 105-277.3;
2
3. Be certified by the Natural Resources Conservation Service (NRCS) of the United
States Department of Agriculture as being a farm on which at least two-thirds of the
land is composed of soils that:
a. Are best suited for providing food, seed, fiber, forage, timber, forestry
products, horticultural crops and oil seed crops;
b. Have good soil qualities;
c. Are favorable for all major crops common to the county where the land is
located;
d. Have a favorable growing season; and
e. Receive the available moisture needed to produce high yields for an average
of eight out of ten years;
OR at least two-thirds of the land has been actively used in agricultural, horticultural
or forestry operations as defined by N.C.G.S. §105-277.2 (1, 2, 3) during each of the
five previous years, measured from the date on which the determination must be
made as to whether the land in question qualifies;
4. Be managed, if highly erodible land exists on the farm, in accordance with the Natural
Resources Conservation Service defined erosion-control practices that are addressed
to said highly-erodible land; and
5. Be the subject of a conservation agreement, as defined in N.C.G.S. §121-35, between
the County and the owner of such land that prohibits non-farm use or development of
such land for a period of at least ten years, except for the creation of not more than
three lots that meet applicable County zoning and subdivision regulations.
The Nutters' application includes the following four parcels totaling more than 382 acres:
1) PIN# 9850-69-358.9 - 305.54 acres 3) PIN# 9851-81-3392 - 32.13 acres
2) PIN# 9850-68-1310 - 9.93 acres 4) PIN# 9851-75-6475 - 35.24 acres
Together the four tracts exceed the minimum acreage requirement for agricultural use value,
and for participation in the County's Voluntary Agricultural District program. The Orange Soil
and Water Conservation/NRSC District Office and the Tax Supervisor have provided
memoranda that indicate the farm complies with the certification requirements outlined in the
VFPO (see Attachments #3 and #4).
To be designated as part of a voluntary agricultural district, the Board of Commissioners must
approve that the farm meets the certification requirements. Following BOCC approval, the
property owner(s) sign a conservation agreement between Orange County and the owner(s)
that prohibits non-farm use or development of such land for a period of at least ten (10) years,
except for the creation of not more than three (3) lots that meet applicable Orange County
zoning and subdivision regulations. The property owner(s) may leave the program by providing
a written notice (see Attachment #6).
On August 17, 2011 the Agricultural Preservation Board voted unanimously to approve the
certification of all four tracts. The Agricultural Preservation Board recommends the
designation of Maple View Farm, four tracts, totaling 382 acres as a certified qualifying
farm. The bulk of Maple View Farm is in the White Cross Voluntary Agricultural District, but
portions of the northern tract are located in the Cane Creek/Buckhorn District. Maple View is
the only participating farm in the White Cross district at this time.
There are currently 15 participating farms in Orange County voluntary agricultural districts. The
Nutters' application adds almost 60 acres to their previous enrollment for Maple View Farm,
increasing the total number of acres in the program to approximately 2,958.
FINANCIAL IMPACT: There is no fiscal impact associated with this item. Voluntary agricultural
districts are non-monetary conservation agreements.
RECOMMENDATION(S): The Manager recommends that the Board certify 382 acres of Maple
View Farm as qualifying farmland, designate it as a participating farm within White Cross and
the Cane Creek/Buckhorn voluntary agricultural districts, and authorize staff to finalize and the
Chair sign the Conservation Agreement.
Orange Coun Agricultural Preservation Board
APPLICATION FOR CERTIFICATION AS QUALIFYING FARMLAND
AND DESIGNATION AS AN ORANGE COUNTY
VOLUNTARY AGRICULTURAL DISTRICT /
ENHANCED VOLUNTARY AGRICULTURAL DISTRICT
INSTRUCTIONS: Before completing the-application, please review the provisions of the Orange County
Voluntary Farmland Preservation Program Ordinance, and fill out the form as .
accurately and completely as possible. Please sign and date the form, and return it to
the Department of Environment, Agriculture, Parks and Recreation
PO Box 8181 - 306 Revere Road, Hillsborough, NC 27278
APPLICANT:
Name: ~~~.(~/'. ~~
Address: 31I ~ d ~~
City: l~~~~,t State. . C. Zip Code: Z 7Z 7~
Phone Number (Day): l ~g Q?q b~~~7 (Evening)
E-Mail:
PROPERTY INFORMATION:
Property Location/Address: 3 ~~ I ~/ ~Q'
Parcel Identification Number (PIN): ~~~ ~ ~~`~ Parcel Identification Number (PIN):
Parcel Identification Number (PIN)::+~~ac~~`~3!~ Parcel Identification Number (PIN):
Parcel Identification Number (PIN): ~~`sr =~~-~~ ~' Parcel Identification Number (PIN):
Parcel Identification Number (PIN): ~~sP~''t 3 ~~~ Parcel Identification Number (PIN):
Parcel Identification Number (PIN): Parcel Identification Number (PIN):
Number of Acres: Deed Book: Page:
Does this land have a plan on file with the Natural Resources Conservation Service or NC
Forest Service?
Yes:~_No: ~ If "No", please complete back of form
Is this land listed for Present Use taxation with the Orange County Tax Office?
Yes:__ c~No: If "No°, please complete back of form
I [WE] ARE SEEKING DESIGNATION AS A VOLUNT-ARY AGRICULTURAL DISTRICT
I [WE] ARE SEEKING DESIGNATION AS AN ENHANCED VOLUNTARY AGRICULTURAL DISTRICT
OWNER[S] CERTIFICATION:
I [We], the applicant[s], hereby certify that, to the best of my [our] knowledge, the foregoing
application is complete and accurate.
Signature: ,(~% ~`uvf~cr.~ Date: '~' 2. 7-' l ~
_ ,, }
Signature: ~- ~ ~ y L~-g~at~: ~~~• ~~ ~ ~
,'
5
Additional Owners
Signatu
Signatu
Signatu
Signature: Date:
Signature: Date:
Signature: Date:
Signature: ~ Date:
SUPPLEMENTARY INFORMATION:
NOTE: Comp/ete fhis information ONLY:
• If you are NOT participating in the farm present use taxation program; OR
• if you do NOT have a plan on file with the Natural Resources'Conservafion Service or
the NC Forest Service.
1. How long have you owned your farm? y 7 years
2. How long have you lived on your farm? y 7 years
3. Has your farm exceeded $1,000 in gross income in each of the past three years?
Yes_ t No
4. How many acres on your farm are under cultivation? acres
What are the major crops that you plant each year?
N aw 1~~. I,U..~~
6. How many acres on your farm are used for pasture? ~~acres
Voluntary Agricultural District (VAD) conservation agreements are for a period of ten years.
The landowner may revoke the agreement through a written request to the County.
Enhanced Voluntary Agricultural District (EVAD) conservation agreements are for a period of
ten years, but cannot be revoked during the term of the agreement. EVAD enrollment, however,
offers landowners additional benefits such as a higher percentage of cost-share funds under the
Agricultural Cost Share Program.
For questions or more information, please contact:
Orange County Department of Environment, Agriculture, Parks and Recreation
Natural and Cultural Division
306 Revere Road
Hillsborough, NC 27278
(919) 245-2510 Office
(919) 644-3351 (fax)
/~ 17' 02 6
ORANGECOONTY
DfPARTM-ENT OF ENVIatONMENT, AGRICULTURE, PARKS & RECREATION
MEMORANDUM
To: Gail Hughes, Soil Conservationist
Teresa Moore, Present Use Value Program [3irector
From: Tina Moon, Cultural Resources Specialist
Date: May 30, 2011
Subjects -Maple View Farm -Application for Certification as Qualifying Farmland
Please find the attached application from Bob Nutter for Certification as Qualifying Farmland,
part of the application process for the County's Voluntary Agricultural District Program. Mr.
Nutter has identified four parcels located in Bingharrr Township for inclusion in the program.
The bulk of the property is located along both sides of Dairyland Road; the other two parcels
are located off of Arthur Millis Road. All four tracts adjoin one another.
1) PIN# 9850-69-3589 305.34 acres 3) PIN# 9851-81-3392 32.13 acres
2) PIN# 9850-68-1310 9.93 acres 4) PIN# 9851-75-6475 35.24 acres
Revisions to the Voluntary Farmland Protection Program, adopted in June 2005, reduced the
minimum participating farm size requirement to 20 acres. Together the three contiguous tracts
contain more than 347 acres. The Arthur Minnis Road tract contains greater than 35 acres.
The two clusters exceed the minimum requirement. The attached maps and table showing the
boundaries of the property and tabulation of acreage by soil type may be helpful for completing
your review.
To secure such certification, a farm must:
1. Be participating in the present use-value taxation program established
by the NC General Statutes, Sections 105-277.2 through 105-277.7, or is
otherwise determined by the County to meet all the qualifications of this
program set forth in the NC General Statutes, Section 105-277.3.
[Response to be provided by Tax Supervisor]
2. Be certified by the Natural Resources Conservation Service of the United States
Department of Agriculture (NRCS) as being a farm on which at least two-thirds
of the land is composed of soils that:
a. Are best suited for providing food, seed, fiber, forage, timber, and
oil seed crops;
b. Have good soil qualities;
Maple View Farm Application for Certification as Qualifying Farmland Page 2 ~
c. Are favorable for all major crops common to Orange County;
d. Have a favorable growing season; and
e. Receive the available moisture needed to produce high yields for
an average of eight (S) out of ten (10) years; OR be -one on which at
least two-thirds of the land has been actively used for agricultural,
horticultural or forestry operations as defined in the NC General Statutes,
Section 105-277.2 (1,2, and 3), during each of the five (5) previous
years, measured from the date on which the determination must be
made as to whetherthe land in questions qualifies.
(Response to be provided by District Conservationisfj
3. Be managed, if highly erodible land exists on the farm, in accordance with
the NRCS-defined erosion control practices as specified in the 1985 Food
Security Act.
[Response to be provided by District Consetuationist]
In accordance with Section V of the Orange County Voluntary Farmland Preservation Ordinance,
please evaluate the application- for compliance with the above requirements and return your
finding to the Natural and Cultural .Division of the Department of Environment, Agriculture,
Parks and Recreation within 30 days. In your response, please be as specificas you can be
regarding how the property complies. (You may wish to use the attached maps showing the
boundaries of the property and tabulation of acreage by soil type when completing your
review.)
Provided the property is certified as qualifying farmland, and the Agricultural Preservation Board
recommends designation as a voluntary agricultural district, the Board of Commissioners could
consider the request shortly after the 2-011 summer break.
Thank you for your assistance in this matter. Please feel free to contact me at 245-2517 or by
email at cmoonCa~co.orange.nc.us, if I can answer any questions or provide additional
information.
Attachments
cc: David Stancil, Department of Environment, Agriculture, Parks and Recreation Director
Maple V1ew Faun
Vvlunta~ Agri~ult
Ural pistrict
Bch .1,100 feet
N PAN
1.9850- Acreage ~
6'3,3589
2. 9850-g8-131 305.54 Acres
~ 9.93
4.9851-81 X392 32. Acres
175.6475 35.13'4cres
24 Acres Departm ~"9e County
A9ncult IT/GjS $ andrRec eation
6/1/x011
. .
~auaa ~oz
.L~ i6e /
Orange Soil & Water
Conservation District
Phone: 919-732-8181, Ext. 2750
A ~4~M~- 3
Natural Resources
Conservation- Service
Phone: 919-644-1079, Ext. 3
USDA
PO Box 8181
306 Revere=Road
Hillsborough, NC 27278
This report serves to document how the proposed farm qualifies for acceptance into the Voluntary Agricultural
Districts in Orange County.
1. Two-thirds of the soils on the farm must:
a. Be suited for providing food, seed, fiber, forage, timber, and oil seed crops.
YES X % 95+%
NO
Comments:
b. Have good soil qualities.
YES X
NO
Breakdown of soil classes in percent:
Class I 75% Classes I, II, III are primarily used for cropland
Class II
Class III 24% Classes III-VI are generally best suited for pasture
Class IV or woodland.
Class V
Class VI
Class VIII 1 % Class VIII generally unsuited for agricultural use.
Comments:
c. Be favorable for all major crops common to Orange County. Major crops are corn, tobacco, small
grain, pasture, and loblolly pines.
9
95+ % favorable 5 % unfavorable
d. Have favorable growing season. (YES)
10
The growing season for Orange County is approximately 200 days. It begins in approximately the
second week of April and runs until about the last week in October. This response will be consistent
for all farms in Orange County.
e. Receive the available moisture needed to produce high yields for an average of 8 to 10 years. (YES)
Orange County receives approximately 42-45 inches of rainfall annually. This response will be
consistent for all farms in Orange County.
OR
At least two-thirds of the land has been actively used in agriculture, horticulture or forestry operations as
defined in the NC General Statutes, Section 105-277.2 (1,2, and 3) during each of the five previous years,
measured from the dato on which the determinatifln must be made as to whether the land in question qualifies.
Acres in cropland
Acres in forestland
Acres in homestead,
farmstead or other
related use
Total TRACT acres
Greater than two-thirds in designated uses.
Yes
No
Comments:
1. Farm must be managed, if highly erodible land exists on the farm, in accordance with the USDA Natural
Resources Conservation Service (MRCS) defined erosion-control practices as specified in the 1985 Food
Security Act as amended.
Plan on file in NRCS Office YES X NO
If NO, plan will be required before acceptance into the Voluntary Agricultural Districts Program.
Comments: Maple View Farm is an excellent conservation farm; follows all recommended conservation Best
management practices; has worked with the Soil and Water Conservation/NRCS for Z5+ years; has a current
waste management plan for the dairy operation; follows recommended crop rotation systems on his farmland to
prevent erosion. Highly recommended for the voluntary agriculture program.
11
MAPLE VIEW FARM SOIL ANALYSIS
Soil Type Description Total Acreage*
Ch Chawacia 18.33
EnB Enon-loam, 2 to 6 ercent slopes 2.60
EnC Enon loam, 6 to 12 _ercent slo es 2.26
GeB Geor eville sift_loam, 2 to 6 ercent slo es 96.07
GeC Geor evalle silt loam, 6 to 10 ercent slo es 38.42
GiF Goldston slat silt loam 15 to 45 ercent slopes 19.92
HrB Herndon silt loam, 2 to 6 ercent slo es 59.20
HrC Herndon silt bam, 6 to 10 ercent slo es 71.47
IrB Iredell ravel) loam, 1 to 4 ercent slo es 3.15
L Li num silt loam, 0 to 3 ercent slo es 1.20
TaD Tatum silt loam, 8 to 15 ercent slo es 33.15
TaE Tatum silt loam, 15 to 25 ercents sly es 30.85
W 4.25
Misc. 1.97
Total 382.84
Ma pie V1ey~ Farm V
oiuntarY Agricuitura
~ District
7aD`
>,:
r
GeB
GeB
I ~I
H~~I
ra
Hrg Ge8
GeB CA
irC
GeB TaD A
cn
GIF
e, I aD
1
1 ~ ' li~l
ce6
GBB ,r.
'~ch - 1,100 feet
sons ~^~
Ch - 18.33 acres
EnB-28p
saes
EnC .2.28 fires
GeB - 98,07 acres
-GeC-38.4
2 saes
GIF - 19.92 acres
- krB - 59.20 acres ~9 - 1.2p acres
® HrC - 71 47 raD - 33.15
_ Ir6 - 3.15 a acres - TaE - 3p 85 fires
aes ~ acres
---~ - W - 4.25 aces
i7e Orange Coun
Agricuttufe p of Envir nment,
IT/Gt 6/1/201Rjecreation
,~ 13
li 52
~0~~4 ~AfO~~C~
ORANGE COUNTY TAX ADMINISTRATION
ASSESSMENT DIVISION
228 S CHURTON STREET, SUITE 200
PO BOX 8181
HILLSBOROUGH, NORTH CAROLINA 27278
Telephone (919) 245-2100 Fax (919) 644-3091
July 8, 2011
Tina Moon, Cultural Resources Specialist
Orange County Department of Environment,
Agriculture, Parks and Recreation
P O Box 8181
Hillsborough, NC 27278
Dear Tina:
I am in response to your request for information on four tracts of land for Robert P. Nutter.
All of this land has been participating as agricultural classification in the use program since
1982, the information for each one follows:
Parcel Identification No. 9850-69-3.589 is 309.86 acres in the name of Nutter Farms, LLC. Our
records indicate there are 231.86 acres of cleared land and 70 acres of woodland. The
remaining 8 acres do not participate in the program.
Parcel Identification No. 9850-68-1310 is 10.001 acres in the name of Nutter Farms, LLC. Our
records. indicate there are 10.001 acres of woodland.
Parcel Identification No. 9851-75-6475 which is 48.4457 acres in the name of Nutter Farms,
LLC. Our records indicate there are 20 acres cleared land and 28.4457 acres woodland.
Parcel Identification No.9851-81-3392 is 35.04 acres is in the name of Nutter Family Limited
Partnership, III. Our records indicate there are35.04 acres cleared land.
Please contact me if I can be of assistance.
Sincerely,
Teresa Moore
Present Use Value
Program Director
~~4C~MG1,(' J
DRAFT
AGRICULTURAL PRESERVATION BOARD -MEETING SUMMARY
August 17, 2011
MEMBERS PRESENT: Roland Walters, Elizabeth Walters, Howard McAdams, Altan Green, Spence
Dickinson, Joe Thompson, Patrick McGarry and Kim Woods
MEMBERS ABSENT/EXCUSED: Lynette Batt and Louise Tate
GUESTS:
STAFF: Carl Matyac, Orange Cooperative Extension Service
Tina Moon, Natural and Cultural Resources Division, Department of Environment,
Agriculture, Parks and Recreation
ITEM #1: CALL TQ ORDER
Chair Roland Walters called the meeting to order at 7:38 p,m., and welcomed Kim Woods to the Agricultural
Preservation Board. Members of the APB went around the table and introduced themselves.
ITEM #2:- CHAIR COMMENTS
None.
ITEM #3: CONSIDERATION OF ADDITIONS TO AGENDA
None
ITEM #4: APPROVAL OF MINUTES May 18, 2011
Green motioned to approve the minutes from the May 18, 2011 APB meeting; Thompson seconded the
motion. The APB voted unanimously to approve the meeting minutes from May 18, 2011.
APPROVAL OF MEETING SUMMARY July 20, 2011
E. Walters noted a correction in the meeting summary (no quorum) from July. E. Walters motioned to
approve the corrected minutes; Green seconded the motion. The APB members voted unanimously to
approve the meeting summary from July 20, 2011.
ITEM #5: ITEMS FOR DECISION
a. Maple View Farm VAD
Staff introduced the Nutter's voluntary agricultural district application for Maple View Farm. Moon explained
that the early conservation agreements associated with VADs expired after the ten-year period requiring
renewals. (The revised agreements that the County currently uses automatically renew unless the farmer
wishes to withdraw from the program.)
In this case, rather than just renew the application, the Nutters decided to update their tract information
with a fresh application. At the time of their original application, Maple View Farm consisted of one large
tract. Since that time, the family has subdivided portions of the property. The new application reflects
those changes and includes some new sections of land.
Green asked about the Agricultural Education Center. Moon reported that the APB discussed the Agricultural
Educational Center when it was under development to determine whether that portion of the farm needed to
be removed from the VAD. After discussion, APB members agreed that the Center was not inconsistent with
the purpose of the VAD program; the APB did not consider the Center to be an example of "non-farm
development" and therefore it could remain part of the overall Voluntary Agricultural District. In their new
application, the Nutters have decided to omit the twenty acres used for the Agricultural Educational Center
from their Voluntary Agricultural District; however, they have added a few new agricultural tracts so that the
total acreage for the Maple View VAD is about 382 acres.
Staff reviewed the approval process for voluntary agricultural districts applications. Woods motioned that
the Agricultural Preservation Board recommend Maole View Farm for the Voluntary Agricultural District
14
August 17, 2011 Draft Minutes
~5
program. Green seconded the motion. The APB voted unanimously to recommend Maple View Farm for the
Voluntar~Agricultural District program.
Staff to forward the APB's recommendation to the Board of County Commissioners.
ITEM #6: ITEMS FOR DISCUSSION
a. Conversations with Conventional Farmers
Staff provided a quick review of the APB's interest in talking with conventional farmer-s. Members were
encouraged to continue seeking conversations with conventional farmers using a number of prepared
questions. The questions were designed to help the APB target their efforts over the upcoming year,
particularly with regard to the potential joint meeting with the Economic Development Commission.
b. Farmer Welcome Kit
The APB read through the draft brochure that was revised based on discussion-at the last meeting.
Members agreed on the overall content. Ranells asked about the use of bullets instead of text in the
sections that explained the different agencies. Members suggested trying the current brochure far a while
and then updating it in the fature depending on user feedback. Members liked having local phone numbers
and address information in addition to Internet finks. Members also exprESSed the importance of having
something in hand (a brochure) with names and addresses as a starting point or checklist. APB members
asked staff to distribute the brochure to departments and agencies that work with farmers and to place a pdf
version on the County's website. Staff will continue to draft a list of additional information such as farm
equipment repair shops, for inclusion on the Orange County Farms website.
c. Annual Work Plan & Upcoming Projects
Staff provided a quick summary of the history of advisory boards preparation of annual reports to the BOCC.
Reports include the board's mission statement, a brief summary of the board's accomplishments for the year
and an outline of what the board hopes to accomplish during the next year. The BOCC will review the
reports during its winter retreat. Staff shared a summary table outlining the APB's efforts toward
implementing the Agricultural chapter of the 2030 Comprehensive Plan, to assist with the APB's preparation
of the annual report. Members went through the table and offered feedback on their recommendations for
next steps for each of the Agricultural Chapter objectives.
d. Updates & Information Sharing
1. Agri-tourism
Ranells and Matyac shared information on a new partnership with the Orange County-Chapel Hill Visitor
Bureau to develop coordinated agricultural tourism for rural Orange County.
2. Piedmont Value-Added Processing Center
Ranells announced the date for the opening of the new Piedmont Value-Added Processing Center, and
provided information on the training process for using the new center. Additional information on processing
center and the Piedmont Grown branding program can be found at the Orange County Economic
Development website. http•//www co orange nc us/ecodev/Agriculture.asp
3. Economic Development Commission
Ranells updated the APB on the status the Economic Development Commission.
4. Sustainable Agriculture Conference
Ranells and-Moon shared information about the upcoming Sustainable Agriculture Conference and
encouraged members to attend some or all of the programs.
ITEM# 7: INFORMATIONAL ITEMS/FUTURE AGENDA ITEMS
Handouts at the meeting
ITEM #8: ADJOURNMENT
E. Walters made a motion to adjourn the meeting. Dickinson seconded the motion. The August 17, 2011
meeting of the Agricultural Preservation Board adjourned at 9:23 p.m.
Next meeting scheduled for September 21, 2011. The meeting will be held in the small Conference Room in
the Environment and Agricultural Center.
August 17, 2011 DRAFT Minutes 2
/~ -~ac~nnc~-~ ~ 16
DRAFT
NORTH CAROLINA CONSERVATION AGREEMENT
FOR
ORANGE COUNTY VOLUNTARY AGRICULTURAL DISTRICT PROGRAM
Orange County and the undersigned real property owner(s) ("Owner") enter into
this Conservation Agreement for Voluntary Agriculture District covering the property
identified as Nutter Farms, LLC (PIN# 9850-69-3589, PIN# 9551-81-3392, PIN# 9850-
68-1310, and PIN# 9851-75-6475) on the attached maps labeled Exhibit A and Exhibit
B.
The parties understand and agree that this Agreement is being entered into to
protect farmland, horticultural land and/or forestland in Orange County as contemplated
by Article 61 of Chapter 106 of the North Carolina General Statutes and the Orange
County Voluntary Farmland Protection Ordinance, adopted on April 1, 1992 and last
amended on June 23, 2005, and to permit such property to qualify for the benefits
granted by these laws and ordinances.
During the term of this Agreement, Owner agrees to prohibit non-farm use of
Owner's property subject to this Agreement except as permitted by the above laws and
ordinances, which Owner acknowledges, Owner has read and is familiar with.
This Agreement is in place for a period of ten (10) years from the date of its
execution and is automatically renewed if not terminated for an additional ten (10)
years, and may be revoked by Owner at any time, with thirty (30) days written notice to
the Agricultural Preservation Board, or its designee, or the Orange County Clerk.
Orange County may revoke this Agreement if the Owner is noncompliant with this
Agreement or the above laws and ordinances.
Orange County VAD Agreement -Draft Agreement for Nufer Farms LLC
17
IN WITNESS, the parties have signed this Agreement on the dates indicated in the
signature acknowledgments.
OF~ANGE COUNTY
Chair, Agricultural Preservation Board
Chair, Board ofi County Commissioners
Attest
Donna Baker, Clerk to the Board
OWNER(S) -Nutter farms LLC
Robert P. Nutter
Aubrey Nutter
-Roger Nutter
Betsy Parker
Orange County VAD Agreement -Draft Agreement for Nutter Farms LLC 2
18
OWNERS -Nutter Farms LLC
STATE Oar NORTH CAROLINA
COUNTY OF ORANGE
Personally appeared before me this day ,
who acknowledged the due execution of the foregoing Conservation Agreement for an Orange County
Voluntary Agricultural District for the purposes therein expressed.
WITNESS my hand and notarial seal, this day of , 20^
Notary Public
My Commission Expires:
Personally appeared before me this day ,
who acknowledged the due execution of-the foregoing Conservation Agreement for an Orange County
Voluntary Agricultural District for the purposes therein expressed.
WITNESS my hand and notarial seal, this day of , 20_.
Notary Public
My Commission Expires:
Personally appeared before me-this day ,
who acknowledged the due execution of the foregoing Conservation Agreement for an Orange County
Voluntary Agricultural District for the _purposes therein expressed.
WITNESS my hand and notarial seal; this day of , 20_.
Notary Public
My Commission Expires:
Personally appeared before me this day ,
who acknowledged the due execution of the foregoing- Conservation Agreement for an Orange County
Voluntary Agricultural District for the purposes therein expressed.
WITNESS my hand and notarial seal, this day of , 20_
Notary Public
My Commission Expires:
Orange County VAD Agreement -Draft Agreement for Nutter Farms LLC 3
19
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
COUNTY OF
~~ a Notary Public, for said County and State, do hereby
certify that personally came before me this day and acknowledged
that he/she is Chairperson, Agricultural Preservation Board and acknowledged on behalf of the
Orange County Agricultural Preservation Board the due execution of the foregoing Conservation
Agreement.
This day of , 20_
Notary Public
My Commission Expires:
COUNTY OF
I, a Notary Public, for said County and state, do hereby
certify that personally came before me this day and acknowledged
that he/she is Chairperson, Board of County Commissioners and acknowledged on behalf of
Orange County, the-due execution of the foregoing Conservation Agreement.
This day of , 20_
Notary Public
My Commission Expires:
COUNTY OF
1, a Notary Public, for said County and State, do hereby
certify that personally came before me this day and acknowledged
that he/she is Clerk to the Board of County Commissioners and acknowledged on behalf of
Orange County, the due execution of the foregoing Conservation Agreement.
This day of , 20_
Notary Public
My Commission Expires:
*Please Note: Only complete and notarize as many signature statements as there are
land owners.
Orange County VAD Agreement -Draft Agreement for Nutter Farms LLC 4