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Home My WebLink About2011-098 DEAPR - Alois Callemyn Survey Sykes Farm Conservation Easement $9,375.~t' „.z o ~~ 9 8' ~ ~~~~ [Departmental Use Only] TITLE FY ORANGE COUNTY GON~tAET ~}NDER $10,000.00 NORTI3 CAROLINA THIS AGREEMENT, made and entered into this day of May, 2011, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Alois Callemyn, Eno Mountain Homes (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter refened to collectively as "Services") to be furnished under this Agreement are as follows: A boundary survey and recordable plat for the Sykes farm conservation easement (160 acres); Bradshaw Quarry and Vernon Road in Orange Gounty, NC. The term of this agreement rendered shall be from May 16 to June 30, 2011. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agseement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall b'e responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all enors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nar shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accard with this Agreement. The amount to be paid by the County shall not exceed Nine thousand three hundred seventy-five dollars, ($9,375). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. , 2. Non-waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall ~ny waiver by the County of any breach be held to be a w.aiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. , The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 5. Indemni : The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentiona] act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties ar by the County upon written norice to the Provider. 7. Entire A~reement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Y Governin L~ aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County imrnediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANG UN By: Co ty ana er 200 S. Ca eron S. P.O. Box Hillsborough, NC 27278 PROVIDER By. ° ~r" ` Title: ~~. Alois Callemyn 3500 Justamere Farm Road Hillsborough, NC 27278 This instrument as een approved as to technical content. !~ David Stancil, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ~',~~..~, l~. 1~~ Office of the Finance Director This in me t has been approved as to form and legal sufficiency. Office of the unty Attorney Revised 7uly 2010 2 ALOIS CALLEMYN PROFESSIONAL LAND SURVEYOR 3540 JUSTAMERE FARM RD. HILLSBOROUGH, NC 27278 Office: 919-732-3354 Fax: 919-732-6565 Nextel: 919-730-5740 Invoice DATE INVOICE # 12/20/10 1412 CLIENT County of Orange D.E.A.P.R. P.O. Box 8181 Hillsborough, NC 27278 Rich Shaw 245-2514 5cope of Work AMOUNT For Professional Survey Services: Property at Sykes Family Farm, Bradshaw Quarry Rd. & Vernon Rd., Mebane, NC 27302 PIN's 9831-56-4044, 9831-68-1220, 9831-37-7890, Orange County. P.O.# Work per contract dated July 1, 2010. $9,375.00 Provide 160+- acre Conservation Easement regarding above property. Recordable mylar, copies and .pdP s to be provided after approval. TOTAL DUE AND PAYABLE $9,375.00 Please make checks payable to Eno Mountain Homes, Inc. Fed.ID: 56-1875766 THANK YOU VERY MUCH FOR YOUR BU5INESS! ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 3, 2011 Action Agenda Item No. SUBJECT• Resolution of Approval - Conservation Easement for the Sykes Dairy Farm DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No Conservation ATTACHMENTS INFORMATION CONTACT: Resolution of Approval David Stancil, 245-2510 Location Map Rich Shaw, 245-2514 Site Map Brent Bague, 245-2751 Draft Conservation Easement PURPOSE: To consider a resolution to approve the purchase of and acceptance by Orange County of an agricultural conservation easement for the Sykes family dairy. BACKGROUND: The acquisition of agricultural conservation easements to protect prime farmland in Orange County is a longstanding goal of the Board of Commissioners, and is a priority of the Lands Legacy Program. Since completing the County's first agricultural conservation easement in 2001, Orange County has protected 1,563 acres of prime farmland and riparian buffers with conservation easements. In April 2009, Orange County, in cooperation with the Orange NRCS/Soil and Water Conservation District Office, applied for matching grant funds from the federal Farm and Ranch Land Protection Program (FRPP). A portion of those grant funds will be used to purchase a conservation easement to protect approximately 160 acres of the Sykes farm. The Sykes farm is located north of Bradshaw Quarry Road in southwestern Orange County (Bingham Township). It is one of just eight dairies in the county. The farm is operated by Jeff Sykes, who along with his late brother John, took over the dairy from their father Vernon Sykes. Today the family owns the farm as the Sykes Family Limited Partnership. The farm is located in the Cane Creek Protected Watershed, which the County identified as a priority watershed for acquiring agricultural easements in a dual effort to protect prime farmland and drinking water quality. Turkey Hill Creek flows through the farm and drains to Cane Creek Reservoir - a principal source of drinking water for Carrboro and Chapel Hill. The Sykes family intends to grant a conservation easement on 160 acres of their 300-acre farm, including the main dairy operation (accessed from Oak Grove Church Road), cropland, and extensive pastures. About 90% of the 160 acres is in active agricultural production. The proposed conservation easement area is depicted on the attached site map. DEAPR Staff and the County Attorney have worked with the landowners to prepare an agreement that meets their needs and the Gounty's interests. The easement will aliow for one #uture residence and one farm workers' residence. All other non-agricultural development rights will be extinguished through the conservation easement. Future farm activities will continue in accordance with a Conservation Plan prepared for this farm by the Orange NRCS/Soil & Water Conservation District. DEAPR staff will monitor the property"on an annual basis. A copy of the draft deed of conservation easement is attached. The conservation easement conforms to federal guidelines pursuant to the US Department of Agriculture's Farm and Ranch Land Protection Program, which will contribute federal funds to this project. The USDA is in the process of reviewing the appraisal, deed of easement, and other documents required for grant program approval. FINANCIAL IMPACT: The fair market value of the conservation easement is $538,000, which was determined by an appraisal. The purchase price for the easement is $500,000, which is 95°/a of the appraised value. The Sykes family intends to donate five percent of the value ($38,000) and take advantage of federal and state tax benefits available for easement donations. The County would pay $236,000 (45% of the total purchase price) and $264,000 (50%) would be paid with a grant from the federal Farm & Ranch Land Protection Program. Including survey and other transaction costs, the total cost of the project (without the five percent donation) is approximately $520,000. The County's share of the total cost will be approximately $256,000 (the $236,000 plus survey and closing costs), and would come from existing funds budgeted in the Lands Legacy Conservation Easement Fund, approved by the Board of Commissioners in FY 2002-03 and previously appropriated. The subject property is enrolled in the Present Use Value taxation program, so the acceptance of the conservation easement would not lessen the amount of property taxes paid to the County. The decrease in the property's market value caused by the conservation easement (and extinguishing of portion of its development rights) would not lower the property valus to a level that is less than present use value. Budget Amendment # 9-A increases the project budget to $520,000 from $10,000 existing funds in the Sykes Easement Project. Conservation Easements: Project # 20006 Ravani iac fnr thic nrniPCt' Through FY Prior Years Project Close FY2010-11 May 3, 2011 Amendment FY 2010-11 2009-10 Out Amendment Revised Sales Tax & $350,000 ($337,056) $12,944 Dedicated Property Tax • Private Placement 3,000,00.0 2,409,368 590,632 Grant Funds 3,547,707 2,063,181 $1,162,526 $264,000 586,000 Transfer from Lands 143,000 (143,000) 0 Le ac Ca ital Pro'ect Total Project $7,040,707 ($4,952,605) $(1,162,526) $264,000 ~1,189,576 Fundin A ro nazea ror in~s ~v C~~. Prior Years FY2010-11 May 3, 2011 FY 2010-11 Through FY 2009-10 Project Close Amendment Amendment Revised Out Walters Easement $725,000 $725,000 ~ 000 31 Vol e Easement 73,100 73,100 $31,000 , ~ Cheek Easement 580,000 580,000 ~ McPherson Easement 68,000 68,000 ~ Ward Easement 444,750 444,750 ~ Llo d Easement 219,000 219,000 ~ Keith Easement 116,000 116,000 ~ Fickle Creek Farm 277,658 (277,658) Easement ~ McKee Easement 612,000 612,000 ~ Latta Easement 601,400 601,400 ~ Tate Easement 333,750 333,750 ~ Lee Farm Easement 306,250 306,250 Breeze Farm 450,000 (450,000) 502,000 502,000 Easement ~ Underwood Easement 2,000 2,000 S kes Farm Easement 1 d,000 $510,000 520,000 Unallocated 2,231,179 143,697 1,704,906 246,000 136,576 Totai Costs $7,040,707 $ 4,952,605 $1,162,526 $264 000 $1,189,576 RECOMMENDATION: The Manager recommends that the Board adopt the resolution approving the acceptance by Orange County of the conservation easement and authorize the Chair and the Clerk to sign the conservation easement agreement, subject to final review by staff and County Attorney, with a closing and recordation of the document expected to occur on or about June 30, 2011 and approve Budget Amendment 9-A. 4 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION Approval of Agricultural Conservation Easement between Orange County and the Sykes Family Limited Partnership WHEREAS, agriculture in Orange County is an important facet of the economy and time honored way of life in the County; and WHEREAS, Orange County has an adopted goal promoting the preservation of farmland in the County; and WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation easements on prime farmland within water supply watersheds; and WHEREAS, the Sykes dairy farm includes approximately 160 acres in the Cane Creek protected watershed, consists entirely of prime agricultural soils, and is located in an agricultural community with good access to farm markets; and WHEREAS, Orange County intends to accept an agricultural conservation easement that would help to conserve the natural and scenic values of this farmland; and WHEREAS, a matching grant was awarded to Orange County from the federal Farm and Ranch Land Protection Program to help purchase the conservation easement; and WHEREAS, a conservation easement on this 160 acres would ensure the preservation of this farmland for future generations and help to compensate the owr~ers for this long-term commitment: NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1) accept on behalf of Orange County the agricultural conservation easement to protect prime farmland owned by Sykes Family Limited Partnership; 2) approve the execution of this conservation easement agreement with Sykes Family Limited Partnership, in accordance with the terms of the proposed easement agreement, subject to final review by staff and the County Attorney; 3) authorize the Chair and the Clerk to sign the easement agreement on behalf of the Board, with a closing to occur on or about June 30, 2011; and 4) authorize County staff to sign any and all closing documents upon consultation with the County Attorney. This the 3rd day of May, 2011. Bernadette Pelissier, Chair Orange County Board of Commissioners Donna Baker, Clerk to the Board ORANGE COUNTY BOARD OF COUNTY COMMiSSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 18, 2009 Action Agenda Item No. SUBJECT: Acceptance of Grant from the Federai Farm and Ranch Land Protection Program for Purchase of Aqricultural Conservation Easement _ DEPARTMENT: Environment and Resource Conservation PUBLIC HEARING: (Y/N) No ATTACHMENT Cooperative Agreement INFORMATION CONTACT: David Stancil, 245-2590 Rich Shaw, 245-2591 PURPOSE: To consider accepting a federal grant from the US Department of Agriculture's Farm and Ranch Land Protection Program for the purchase of an agricultural conservation easement on a farm in Orange County. BACKGROUND: The acquisition of agricultural conservation easements to help preserve prime farmland is a longstanding goal of the Board of Commissioners and a priority of the Lands Legacy Program. During the first eight years of the program, Orange County has helped to protect 1,550 acres of privately owned farmland and natural areas with permanent conservation easements. In May Orange County applied for federal matching funds from the federal Farm and Ranch Land Protection Program (FRPP) to purchase conservation easements on Orange County farms. ERCD was notified on June 29 that the County was awarded $327,383 to acquire an easement on a farm in southwestern Orange Counfy (Bingham Township). Details about the proposed conservation easement will be negotiated and brought back for Board for its consideration and approval at a futu.re meeting. For now, FRPP requires that Orange County enter into a Cooperative Agreement with the US Commodity Credit Corporation in order to obligate federal funds for use by the County. The Cooperative Agreement is similar to ones signed by the County in 2002, 2004 and 2005. FINANCIAL IMPACT: The Cooperative Agreement would obligate $327,383 in federal funds and require an equal share of local match ($327,383) for the County's purchase of a conservation easement. Up to one-half of the local match ($163,691) may be in the form of a landowner donation. Recent practice is for the County to have the landowner donate up to 25 percent of the easement value, which the landowner can then use #o obtain state and federal tax benefits. With the landowner donation, the County's share of the purchase price is expected to be no more than $200,000. There would also be an estimated $10,000 in transaction costs for an appraisal, boundary survey, legal fees and title insurance. The total anticipated cost to the Gounty would, therefore, be $210,000. ALOIS CALLEMYN, PLS PROFESSIONAL LAND SURVEYOR #L-2544 3500 JUSTAMERE FARM RD. HII.LSBOROUGH, NC 27278 July 1, 2010 Rich Shaw, Land Conservation Manager Orange County Environment & Resource Conservation P.O. Box 8181 Hillsborough, NC 27278 RE: Survey Proposal for Sykes Farm (P.I.N. 9831-Sb-4044, P.I.N. 9831-68-1220 and P.IN. 9831-37-7890) located in southern Orange County. Dear Rich: It is my understanding that Orange County is requesting a boundary survey for 160 +/- acres with a final plat no later than December 20, 2010. The outer boundaries of just the new Conservation Easement ( approximately 12,500') aze to be surveyed and flagged, with irons found or replaced at a11 existing corners. In the case of any new corners, iron pins will be set. Existing boundaries of the farm that are not part of this Conservation Easement are not to be surveyed or flagged, unless requested by your office as additional work. All field work is to be completed before the fmal plat is delivered. It is the intent of this survey to include a core area of the active farmland within easily discernable boundaries. As in the past, I will be working closely with your office to insure that we achieve this goal. Based on the above information and the conversations that we have had, I propose to do this survey for a price not to exceed $9,375.00. I will waive the usual retainer and it is understood that I will be paid at the December closing. I will be starting this job upon the receipt of a signed copy of the attached proposal. I will keep you posted on the progress and look forward to meeting you at the site. 5hould you have any questions, please contact me. Sincerely, j ~"l~~^~.+~9t~~~^iC~ ~IA'" _.+~0~`j-" . ~s Alois Callemyn, PLS (919)732-3354 F~ (919)732-6565 Mobile (919)-730-5740 acallemyn@earthlink.net SCOPE OF WORK and FEE PROPOSAL For: Rich Shaw, Land Conservation Manager By: Alois Callemyn, PLS Project: 160+/- acres (P.I.N. 9831-56-4044, P.I.N. 9831-68-1220 and P.I.N. 9831-37-7890) SCOPE OF WORK - Boundarv Survev 1. Research A. Compile existing data on above parcel area as shown on Orange County GIS map provided, as well as surrounding parcels, e~cisting right of ways or easements, legal restrictions of record and plats. B. Conference with client or agent to clarify objectives of project. Client to provide any existing surveys, deeds or documents before any fieldwork begins. Client to provide keys to all locked gates. C. Site inspection of vegetation, access and look far existing corners. D. Access to adjoining lands will be verified before fieldwork begins. Loss of access will require an adjustment of fees shown on this proposal. 2. Field Survev A. Boundary survey of said 160 acres showing existing improvements, rights-of-ways, driveways. B. Find or set all property corners and flag all boundary lines for the new Conservation Easement. C. Structures will not be field surveyed, but shown if requested. D. Survey tie lines to North Carolina Geodetic Survey monuments as required by law. E. Locate any visible encroachments that affect this parcel. 3. Mapping A. Prepare recordable plat showing all improvements, existing monumentation rights-of-way and easements. B. Show tie lines as needed and show NAD 83 coordinates on control corners. C. Show all encroachments, gaps or overlaps that affect this parceL Fee for Boundary: $ $9,375.00 This is an "not to exceed" fee for the above-described work. ACCEPTED BY: S-S- ~( Agent for Orange Date ITEMS NOT INCLUDED: 1. Elevation or topographic type surveys. 2. 5ubdivision or creation of new lots. 3. Landscape Plan, Site Plan and tree documentation. 4. Locating improvements, structures, wells, etc. 5. Rezoning. 6. Fees of soil scientist(s) or environmentaUwater quality consultants or additional survey work required by these consultants. Environmental, Soil or Traffic Impact studies or reports. 7. Investigation, delineation or mapping of any wetlands, flood plains, or buffers. 8. Off-site field surveying of adjacent properties to tie down possible overlaps or gaps. 9. Stake or flag any existing property lines not included as part of the Conservation Easement. 10. Assistance in negotiating for land and easement rights or settlement of possible boundary disputes. 11. Permits or plats for construction of any improvements. 12. Fees for any applications/permits required by regulatory agencies. 13. Services to facilitate sales (e.g. property line flagging or comer restoration after Final Plat is recorded). 14. Classification of intermittent or perennial streams or calculation of riparian buffers for County, State or Federal water quality regulations. Fieldwork or mapping of topographic nature. 15. Locating any right-of-ways, utilities, easements or buffers not currently shown on recorded plat(s). 16. Any items or services not specifically listed in the scope of work above. Orange County Department of Environment, Agriculture, Parks and Recreation Natural and Cultural Resources Division 306-A Re~'er~ C'~oad. f' PC~ 13oz~ SiSl Hi.llsborough, NC 27278 Phone: (919) 2.45-?~]0, Fa.Y: (919) 644-3351 Sereen (Y1ile Creek. E're:serue June 18, 2010 MEMORANDUM TO: Alois Callemyn FR,OM: Rich Shaw, Land Conservation Manager SUBJECT: R,equest for Proposal - Conservation Easement Survey and Plat Sykes Farm (+/- 160 acres), Orange County Orange County is working with the Sykes family to protect a portion of their dairy farm with an agricultural conservation easement. On behalf of the Sykes family, I am hereby requesting a proposal for a boundary stxrvey and recordable plat for this project. The Sykes farmland is located east of Vernon Road and north of Bradshaw Quarry Road in Bingham Township. The portion of the farm being considered for the conservation easement is the +/- 160-acre area identif'ied on the enclosed maps. The subject property is identified by Orange County Land Records as all or a portion of the following parcels: P.I.N. 9831-56~044 TMBL 6.10..4 P.I.N. 9831-68-1220 TMBL 6.10..4B P.I.N. 9831-37-7890 TMBL 6.10..4C We would want to receive a preliminary plat for initial review by me, the Sykes family, the Planiung dept., and the county a~torney. I will coordinate that review, and then provide you with comments for finalizing the plat. There may be some adjustments to the proposed easement boundary depending on the findings of a preliminary survey of this area. The intent is to include a core area of the active farmland within easilv discernable boundaries such as roadwavs, streams and existingpropert l~ines. We would like to include as close to 160 acres as we can because that is the expectation of the two grant agencies that are partnering on this project. We would like the final outer property boundaries flagged, with irons located and new irona placed (if needed) at all corners. The accuracy of the survey should be appropriate for recording the plat in conjunction with the conservation easement. We want to complete this project and record the easement by the end of December 2010. If you ~are interested in performing this work, please send a proposal by email or fax to me at 919/644-3351. Please include an estimated cost and timeframe. I will share with. the Sykes family for their consideration and approval. Please call if you have questions. ORANG~ COUNTY DEPARTMENT OF ENVIRONMENT, AGRICULTURE, PARKS AND RECREATION MEMORANDUM To: Pam Jones, Asset Management Seruices Director From: Rich Shaw, DEAPR Land Conservation Manager Date: April 25, 2011 Re: Purchase Order for Conservation Easement Survey (Sykes) In August 2009 the BOCC approved the use of County and outside grant funds to acquire a conservation easement on the Sykes farm located off Bradshaw Quarry Rd (Bingham Township). The BOCC is expected to approve the final project details on May 3, including a budget amendment for County funds. The conservation easement requires a survey of the affected farmland. Because the Sykes family had already employed Alois Callemyn to develop a subdivision proposal for sections of their property, DEAPR recommended that he also be hired by them to prepare the conservation easement plat. Callemyn was willing to wait for the easement closing to be paid by the Sykes for his services. Funding for the survey, however, would come from Orange County. The project was delayed for a year, and although the BOCC is expected to approve the final project on May 3, the closing is not expected to occur until late June or July. Mr. Callemyn can no longer wait to be paid for his services. Staff recommended Mr. Callemyn send in the attached invoice for the Count~s share of the survey services, a total of $9,37~. Staff feels this fee is justified given the relatively complex survey needs for the 160-acre easement area. A requisition for a PO will be submitted for approval through MUNIS. Thanks for your assistance. Let me know if you need additional information. Enclosures cc: Dave Stancil Beverly Shuford Department of Environment, Agriculture, Parks and Recreation P.O. Box 8181 / 306-A Revere Road Hillsborough, NC 27278 (919) 245-2510