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HomeMy WebLinkAboutS Easement - Sykes Family Limited Partnership~~~~~~a~~~~~l~U~~~~l~~~~~~~~,~1~~~ ~~~~~~~~~ 2U110927000199210 ERSE Bk:RB5227 Pg:433 09/27l2011 02:59:39 PM 1l34 FILED Deborah B. Brooks Register of Deeds, Orange o,NC /^1 Recordin9 Fee: ~716.0~ (.~(J ^ r D . n p ~~ f ~ ~ ~D ~/,~. ~ NC Real Estate X: $1~~ . ~~~ ~; ~ `~ d ~ This instrument prepared by and return to: Revenue Stamps~~ ~ Q~ , OD ~ NORTH CAROLINA COUNTY OF ORANGE John L. Roberts, Office of the Orange County Attorney V Box 8181, Nillsborough, NC 27278 WAR DEED OF AGRICULTURAL This Deed of Agricultural Cc is granted on this2l~day of ~e-~.)~e- PARTNERSHIP, a North Car Road, Mebane, NC 27302, (ref CAROLINA, having an addres as "Grantee") and the LJNITED through the United States Dep (hereinafter "USDA", "Unite : Corporation as a third p~~~ b are collectively referre as ` : The respective t or neutral p Easem rights conve o of the Easem e, for a total c ~1TI MENT "Conservation Easernent") ~. Y, ~~ KES ~"AMILY LIMITED olina li erred t s of S en itat ficiary ~h Parties" d Grantee as used herein shall include said parties, their ~s' s, and shall include singular, plural, masculine, feminine by context. T United s is~foviding $264,000 toward the purchase of this Conservation ich amou represents fifty percent of the appraised fair market value of the yed b ~ Cons ation Easement ("Easement Value"). Grantor is donating five °/ ent Valu n e remaining 45 % of the Easement Value is provided by the Grante ash consideration of $ 500,000. Page 1 of 20 mi rtne ' having an address of 5704 Vernon "G tor"), NGE COUNTY, NORTH i x 81 , Hillsborough, NC 27278 (referred to ES ERICA ("United States") acting by and ri , Natural Resources Conservation Service o" R ') acting on behalf of the Commodity Credit , as 't interest appears herein. The Grantor and Grantee es" ~ WHEREAS: II4~~Ii~~I~~~~V9~~~blllllll ( I I~ IIIII II I I III RB5227 434 2/34 Grantor is the sole owner in fee simple, of certain farm Property (the "Protected Property"), which consists of approximately 160.02 acres of land, located in Bingham Township, Orange County, North Carolina and identified as Conservation Easement Area on the plat of property titled "Conservation Easement Property Surveyed for Orange County D.E.A.P.R," prepared by Alois Callemyn, which plat is recorded at Plat Book I~, Page 1, Orange County Registry (PIN 9831-56-4044, PIN 9831-37-7890, and PIN 9831-68-1220). The Protected Property includes buildings and other improvements, which are shown on Exhibit attached hereto and incorporated herein. The Protected Property consists primarily of productive agricultural land. All of e on the Protected Property have been classified as "prime" or "statewide im a" oils by Natural Resources Conservation Service, United States Department of Agric ture i rred to as "NRCS" or "the United States"). It is the primary purpose of t Conse n Ea ment to protect the agricultural soils and agricultural viability and prod ' i of the otected Property. ~~ The Protected Property also includes outstanding w dland and ' ari~rf habitats for a variety of wildlife species of importance to the Grantor the ople of Or ge County and the people of North Carolina. Streams flow through the ecte erty fore entering Turkey Hill Creek, which flows generally southward alon e s rn b of the Protected Property to the Cane Creek Reservoir, a water s rese i or the towns of Carrboro and Chapel Hill. The entire Protected Property is thin Cane Protected Watershed. Furthermore, the Protected Property contai o sceni qualities that can be enjoyed by the general public, namely the views alo dsh uarry Road (State Road 1115) and Vernon Road (State Road 1118). It is econ pu s f this Conservation Easement to protect these natural and scenic reso The agricultural resour~ote ~roperty, and its contribution to the protection of prime farmland soils, a pu ic water s y, r~ltural and wildlife habitat, and the other conservation interests descri herein to b reserved by this Conservation Easement are collectively refened to~he ' ervati Values" of the Protected Property. The specif serva ~ Values of the Protected Property and its current use and state of improvement ~aseline Report prepared by the Grantee with the cooperation of the Granto d ac wledged by both parties to be accurate as of the date of this Conservation Ea ent. 's eport may be used by the Grantee to document any future changes ' the use o ara r of the Protected Property in order to ensure the terms and condit~ this Cons ation Easement are fulfilled. This Report, however, is not intended to preclude th of ot evidence to establish the present condition of the Protected Property if there is a contr e ver its use. The Grantor and Grantee have copies of this Report, and said report will remain on file at the o~ce of the Orange Gounty Department of Environment, Agriculture, Parks and Recreation. Page 2 of 20 ~~~~I~a~~~~~l~d~~~l~~~N~~~~~~~~~~~~~~~~~~~~ RB5227 435 3/34 The Grantor and Grantee agree that the current agricultural use of, and improvements to, the Protected Property are consistent with the conservation purposes of this Conservation Easement. The Grantor intends that the Conservation Values of the Protected Property be preserved and maintained, and further, Grantor intends to convey to Grantee the right to preserve and protect the agricultural and other Conservation Values of the Protected Property in perpetuity. The conservation purposes of this Conservation Easement are recognized b and the grant of this Conservation Easement will serve, the following clearly delineated e mental conservation policies: (1) Sections 1238 H and 1238 I of the Food Security Act of 1985, a whic authorizes the Farm and Ranch Lands Protection Program, administered thro h t i States Department of Agriculture, Natural Resources Conservation ice, w' prov' es funds for the acquisition of Conservation Easements or other inter i rime, ique, or other productive soils for the purpose of limiting conversion Yo nona~rir~ultur s of land; (2) North Carolina General Statute 139-2 et seq., w i h provides at ~ is hereby declared ...that the farm, forest and grazing lands of th Sta e f North C olina are among the basic assets of the State and the preservation of these a s is e ssary protect and promote the health, safety and general welfare of its people . it eby d to be the policy of the legislature to provide for the conservation of th i nd re es of this State;" (3) North Carolina General Statute 6- e., whi states that "It is declared to be the policy of the State of North Carolina mo efficient production and utilization of the products of the soil as essential to the lth welfa our people and to promote a sound and prosperous agriculture and rural 's nsab to the maintenance of maximum prosperity;" ~,.~~ (4) The Uniform No Carolina er~tion and Historic Preservation Agreements Act, North Carolina General S atu e 21-34 et s., which provides that conservation agreements are "interests in land" whi ay ective erpetually;" which provides for the enforceability of restrictions, easements, co nts tions "...appropriate to retaining land or water areas predominantly in tural, nic, or open condition or in agricultural, horticultural, farming or forest use...;" e for tax assessment of lands subject to such agreements "on the basis of tl~~ \\v of the land and improvement less any reduction in value caused by the agreement;" e establis ent of the North Carolina Agricultural Development and Farmland Preservatio t Fu established in 1986 (N.C.G.S. 106-744(c) as amended) to preserve important farm orth Carolina; (6) The North Carolina Conservation Tax Credit Program, North Carolina General Statute 105-130.34 and 105-151.12 et seq., which provides for state income tax credits for Page 3 of 20 ~~~~~~~~1~~~1~U~~~~~~~~~~~~~~n~~~~~~~~~~~~ RB5227 436 4l34 donations of land that are useful for fish and wildlife conservation and other similar land conservation purposes; (7) The special use value assessment of farm and forestland as set forth in North Carolina General Statute 105-277.2 et seq.; (8) The Orange County Agricultural Development and Farmland Protection Plan, adopted November 17, 2009, which recommends that the County acquire agricultural conservation easements to help protect farmland as a valuable natural resources; and (9) The zoning of the Protected Property by Orange County as Agricultural R' tial. Grantor and Grantee have the common purpose of protecting the ab - 'bed Conservation Values and current condition of the Protected Property and pre ntin v ion of the Protected Property to nonagricultural uses. Grantor agrees to eate an eme a conservation plan (hereinafter the "Conservation Plan") that is de utilizi the standards and specification of the NRCS field office technical guide and R p as as other commonly-recognized best management practices, and is ap ve by the a County Soil and Water Conservation District; n The Grantee is a body politic existing under Statutes, and is qualified to hold Conservation Eas~ of North Carolina; ~ NOW, THEREFORE, for the and in consideration of the mutual cc the Grantor hereby grants and conve; character and to the extent hereinafte forth: orth Carolina General ~ble laws of the State er gtYod and valuable consideration, c ditions and restrictions contained herein, a o ervation Easement, of the nature and ~pe to the Protected Property; The terms, conditions Easement are as hereinafter set 1. Grant of icu 1 Cons ation Easement; Extinguishment ofDevelopment Rights Grantor ants and conveys to the Grantee, and the Grantee hereby voluntarily ac ts, a etual Conservation Easement in the Protected Property, which easement is an i diate ted interest in real property the nature and character described herein. ntor pro s t he will not perform, nor knowingly allow others to perform, any act on cting the tected Property that is inconsistent with the covenants herein. Grantor authorizes t antee enforce these covenants in the manner described below. Grantor hereby voluntarily grants and conveys to the Grantee all development rights for the Protected Property, except as otherwise reserved and provided by the terms of this Conservation Easement, that are now or herea8er inherent in the Protected Property. The parties agree that such development rights are now terminated and extinguished, and may not be used on Page 4 of 20 ~~~~~~~~~~~~1U~~~~~~1~~~~~~~~~~~~~~~~~~u~~~~ RB5227 437 5/34 or transferred to any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot yield of the Protected Property or any other property by anyone or any entity, including the Grantee. 2. Statement of Purpose It is the primary purpose of this Conservation Easement to enable the Protected Property to remain in agricultural use by preserving and protecting its agricultural soils and agricultural viability and productivity. Except as specifically permitted herein, no activity that uld impair the actual or potential agricultural use of the Protected Property shall be permitt . the exten that the preservation and protection of the natural, historic, recreational, habitat or sce 'c alues referenced in this Conservation Easement are consistent with the primary p oses state b it is within the purpose of this Conservation Easement to also protect those , d no activity that would significantly impair those values shall be permitted. ~ As authorized in the Uniform Conservation and Historic P tion A, N.C. Gen. Stat. § 121-34 et seq., this Conservation Easement is perpetual• ' estri Gra r's Protected Property in perpetuity; and it is enforceable by Gr ee a ainst t tor, its representatives, heirs, successors and assigns, lessees, agen and license~qs. 3. Rights and Responsibilities Retained Notwithstanding any provisions of this Grantor reserves to and for himself and his suf ownership, including the rights to sell, leas ~a transaction is subject to the terms of this to Grantee, together with any rights no ecifl Easement, and consistent with this C ' nothing in this Conservation Ease sha ~ condition of the Protected Pro y a y n control. Grantor understands at nothin ' tl restriction on the use of the P o cted Prou ~ment to the contrary, the ~ rights and privileges of :cted Property provided such and written notice is provided pr ~ ed by or limited by this Conservation ~em t. Unless otherwise specified below, the Grantor to take any action to restore the 'disaster or other event over which he had no ed relieves him of any obligation or imposed by law. 4. Right to Grantor r ynn, or to permit others to farm the Protected Property, consistent wit e Co rvation Values of the Protected Property and in accordance with applicable local, e an al laws and regulations. b' ct to the te s of this Conservation Easement, farming, grazing, horticultural and animal hus oper ons are permitted only if conducted consistent with Best Management Practices prom a y the State of North Carolina and in conformity with a Conservation Plan as required in Paragraph 9 of this Conservation Easement. The Conservation Plan shall address minimizing the adverse effects of cattle and other livestock on streams and from entering areas located within 50 feet of streams-the locations of which are identified and marked on Exhibit A, attached hereto and incorporated herein. The Exhibit A is a copy of a GIS rendering Page 5 of 20 ii~~~ia~~i~~l~U~~~~i~~~ii i iiiiiiiiii iu iii RB5227 438 6l34 of the Protected Properiy, the original of which will be maintained with the Baseline Report at the office of the Orange County Department of Environment, Agriculture, Parks and Recreation. 5. Right to Privacy Grantor retains the right to privacy and the right to exclude any member of the public from trespassing on the Protected Property. This Conservation Easement does not create any rights of the public in, on or to the Protected Property. 6. Right to Use the Protected Property for Customary Rural Enterpr' Grantor retains the right to use the portion of the Protected Property within the "Farmstead Area" (which contains approximately 9.8 acres) as identified o ' A, and re particularly described in the Baseline Report, for otherwise lawful and custo ry enterprises, such as, but not limited to, farm machinery repair, saw ~, firewo strib ion, bed and breakfast, farm stand, or educational programs so long as tivitie re a) consistent with Orange County zoning regulations and permits ire d is d by Orange County under its laws and ordinances as they exist now and they may be ed from time to time, and b) are conducted in buildings otherwise permit under this o rvation Easement in a manner that is consistent with the conservation p ose this Cons ation Easement, and c) are subordinate to the agricultural and residential u e f th ected operty. Conducting customary rural enterprises on any other part of th ro Pr ' not permitted without the advance written permission of Grantee in ea n ance. ntee shall not give such permission unless Grantee determines that the opos use wi t diminish or impair the Conservation Values of the Protected Pro/% ". i s tha market petroleum or chemical products are prohibited. Procedure to Constru~i~,gs'~tnd Ot${er Improvements The Grantor's rights to described in subparagraphs (~ permitted below is prohib~ted requires advance construction or r~ consistent with p as they exist now t rec ct buildings and other improvements are ~gh ( b lo Any construction or reconstruction not ~re unde king any construction or reconstruction that antor s 11 notify Grantee and obtain written permission. Al] e Orange County zoning regulations and must be and issued by Orange County under its laws and ordinances ~ amended from time to time for such construction activities. (a) ~ s- ti fences may be repaired and replaced, and new fences may be built on t Protecte ope for purposes of reasonable and customary management of livesto wildlife o o fence off the perimeter of the Protected Property without any further permission antee. (b) Structures & Improvements - There are several structures existing on the Protected Property as of the date of this Agricultural Conservation Easement, as shown on Exhibit A. Existing structures, including agricultural structures and existing improvements, may be repaired, reasonably enlarged and replaced at their current locations within the "Farmstead Page 6 of 20 ~~~~1~~~~1~~~i~~~~~~~~u~~ ~ ~~~~~~~~~~~~ ~~ R85227 439 7J34 Area," as shown on Exhibit A, without further permission from the Grantee. New buildings, including barns, sheds and other structures and improvements to be used primarily for agricultural purposes (including the processing or sale of farm products predominantly grown or raised on the Protected Property) may be built on the Protected Property without any further permission of Grantee provided they are located in the "Farmstead Area," as shown on Exhibit A. Structures, improvements, roads as described in Paragraph 12, and other impervious surfaces located in the "Farmstead Area," shall not exceed 15 percent of the "Fa ad Area" or result in exceeding the total2 percent impervious surface limit on the Protected Impervious surface shall be defined as any material which covers land and inhibits th percolation of water directly into the soil, including, but not limited to, bui ings, roofing, area covered by permanent or nonpermanent structures, macadam and pav crete, ed and stone driveways, roads, and parking areas, including both existing and p ose c res which are either permanent or temporary. /t Any new buildings, structures or improvements prop "Farmstead Area" shall be for agricultural purposes only anc written pertnission of the Grantee. The Grantee shall give ~ time if it determines that the proposed building, structur or impair the Conservation Values of the Protected Pro or Conservation Easement. ~ (c) Farm Support Housing - No dwelling to house farm tenants, employees Protected Property may be built on the P ~ Grantee, provided the dwelling is less n that area identified and marked as th Orange County's participation in si the permitting of this residenti we ' commence, Grantee shall be tified so t ~r lo i s ou~6e the ~y e built th the advance permissi w' in a reasonable ~rovement ould not diminish or ~vise n consistent with this :ha e (1)3~n~gle - or multi-family - g ed in~~gricultural production on the without any further permission of the qua t in floor size and it is located within Area' dentified on Exhibit A. Nothing about this Deed of Easement constitutes approval of j~ne that construction of such structure is to ords can be updated. (d) Single-F '1 ntial ellings - No residential dwellings exist on the Protected Property as o th te o i nservation Easement. One (1), but not more than one, single-family resid ' dwel not exceeding 3,500 square feet in floor area, together with reasonable app s h as garage and sheds, may be built within the area identified as " re 'dential Envelope" on Exhibit A. Nothing about Orange County's participation in o e si this Deed of Easement constitutes zoning or subdivision approval the pe ' g o is residential dwelling and its appurtenant structures. All appurt tructures s 11 be contained within the "Future Residential Envelope." At the time constructio ch d ling and such appurtenant structures is to commence, Grantee shall be notified so that ~ r ds can be updated. (e) Recreational Improvements - Grantor expressly reserves the right to engage in low impact, non-developed recreational activities requiring no surface alteration of the land and posing no threat to the Conservation Values set herein such as hunting, fishing, hiking and bird Page 7 of 20 ~~~~~~a~1~~91~U~~~~~~~~~~~~~~~~~~~~~~~~~~~~ RB5227 440 8134 watching, and to control access of all persons for these purposes; provided that these activities do not impact the protection and conservation of any animal habitat or other Conservation Values of the Protected Property. However, under no circumstances shall golf courses, golf ranges, airstrips or helicopter pads be constructed, placed or permitted to remain on the Protected Property. (fl Utility Services and Septic Systems - Installation, maintenance, repair, replacement, removal and relocation of electric, gas, and water facilities, sewer lines and/or other public or private utilities, including telephone or other communication services ove r under the Protected Property for the purpose of providing electrical, gas, water, sewer, or o r tilities to serve improvements on the Protected Property permitted herein, and the right to gran a ments over and under the Protected Property for such purposes, is permitted. Grantor shall not or grant easements for utility transmission or distribution facilities or syste t the w' en consent of the Grantee. Maintenance, repair or improvement of a septic syst (s underground sanitary system that exists on the Protected Property at e time Conservation Easement, or the construction of a septic or other un und sa ry system, for the benefit of any of the improvements permitted herein, is per~ed. a ors , with the advance written permission of Grantee, which permission sh no~'be unre'~~S~~Iy withheld, grant and convey electrical, gas, water, sewer, or other utili s to serve i r ments located on the properties identified as PIN 9831-48-4201 and PIN 83 - 6-4044 on e recorded plat. Any such utility easement shall be subordinate to this Con atio emen d shall be located wholly within a right of way or utility easement ex' n he is Deed of Conservation Easement. All other utilities are p i ed o t Protected Property. Cellular communication towers or structures are also p ibiteQ~•Qn the o cted Property. 8. Subdivision The Protected Property curre c s~ f poridbns of three separate parcels of land. The subdivision of the Protected P erty, ' ding its partition, is prohibited except as may be required by Orange County to e ons ' n of the farm support dwelling provided for in Paragraph 7(c). In the eve a farm su d elling is constructed that requires Orange County subdivision approval, t e subdivide lot shall, so long as this Conservation Easement is applicable to the Protec Pro , remai n the same ownership as the parent parcel from which the farm support dw ' g i ed so that if conveyed the tenant housing, farmstead area, and parent pa 1 remain ether as one parcel. In the event subdivision of the Protected Property become modate the construction of the farm support dwelling, any such dwelling all be structed within six (6) months of subdivision approval. Grantee may withdraw or o he 'se re ~ d ubdivision approval if Grantor fails to commence construction of the farm port dw ' g w in six (6) months of subdivision approval, by recording an amend or other ument. This prohibition applies regardless of how many separately described p are c ained in the Protected Property. In any event, all terms, restrictions, and conditions onservation Easement shall apply to all subdivided parcels permitted by the terms of this Conservation Easement, including but not limited to the requirements of agricultural viability of the Protected Property, the restrictions on future development, the impervious surface limits on the Protected Properiy as described in Paragraph 7(b) of this Conservation Easement, the necessity of a Conservation Plan, and the prohibition on activities Page 8 of 20 ~~~~~~1~~~~~~~~~~h~~~~~~~~~~~~~~~~~~~~~~ RB5227 441 9/34 that are described in this Conservation Easement. It is understood that notice of this Conservation Easement will be included in any instrument recorded that subdivides, partitions or otherwise divides parcels. 9. Conservation Practices As required by Section 1238 I of the Food Security Act of 1985, as amended, the Grantor, his heirs, successors, or assigns, shall conduct all agricultural operations on the Protected Property in a manner consistent with a Conservation Plan prepared in co ltation with NRCS and approved by the Orange County Soil and Water Conservation D' 'c This Conservation Plan shall be developed using the standards and specifications of the N ield Office Technical Guide and 7 CFR Part 12 that are in effect on the date of ecution of t' Conservation Easement. The Grantor may, however, develop and implem rvatio Plan that proposes a higher level of conservation and is consistent with the CS ' ice Technical Guide standards and specifications. NRCS shall have the ~ght to e pon e Protected Property, with advance notice to the Grantor, in order t ' r com 'ance with the Conservation Plan. ,~ In the event of noncompliance with the Con Grantor to explore methods of compliance and give to exceed twelve months, to take corrective action. Conservation Plan, NRCS will inform Grantee of t take all reasonable steps (including efforts at se ~ appropriate legal action) to secure complianc 'th notification from NRCS that (a) there is a s st t compliance with the Conservation Plan, CS noncompliance, and (c) Grantor has e ustei~' \'a regulations. i lan, NRC ha~'Ywork with the a reasona le amount of time, not t oes comply with the s n pliance. Grantee shall co pliance and, if necessary, n Plan following written ent or circumstance of non- with the Grantor to correct such s under applicable NRCS If the NRCS standards sp ' tio highly erodible land are revised after the date of this Grant based on a ct of Con s, CS will work cooperatively with the Grantor to develop and implemen a r ' ed Conse tion Plan. The provisions of this section apply to the highly erodible lan se ' n requ' ments of the Farm and Ranch Lands Protection Program and are not inten o a other natural resources conservation requirements to which the Grantor e or become subject. 10. E rywhere he P~,dtected Property, trees may be removed, cut and otherwise manag o ontrol ins s and disease, to prevent personal injury and property damage, to remove non- a' e spe s, for pasture restoration, for firewood and other non-commercial uses, including cons of permitted improvements and fences on the Protected Property, so long as done in accordance with the Conservation Plan referenced in Paragraph 9 of this Conservation Easement and in accordance with a forest management plan that is prepared by a professional licensed forester, and that is approved by Grantee, which approval shall not be unreasonably withheld. Page 9 of 20 ii~~~a~~i~~1~u~~~~~iiin~ii i iiiiiiiiiiii i hi R85227 442 10/34 Any other cutting, removal or harvesting of trees, including any commercial harvesting of trees, may be undertaken only if it occurs outside of the stream buffer described in Paragraph 4 of this Conservation Easement and it is in accordance with the Conservation Plan and forest management plan referred to in this Paragraph 10. Trees may be planted, harvested and removed within the area identified and marked as "Farmstead Area" on Exhibit A without the advance written permission of the Grantee, so long as done in accordance with the Conservation Plan and forest management plan ref ed to in this Paragraph 10. 11. Mining ~ C'~ There shall be no filling, excavation, dredging, mining or drilling, re val s, sand, gravel, rock, peat, minerals or other materials; and no change ' the topo y o e land in any manner except as necessary for the purpose of normal and ry fa operations in accordance with the Conservation Plan or combating erosio 00 ' ' acc dance with the Conservation Plan and as reasonably necessary for any ntenance, co tion or reconstruction on the Protected Property permitted herein. sturbed are fo e purpose of removing soil, gravel, rock, peat, minerals or other mat 'al cessary fo permitted customary agricultural uses on the Protected Property will be li t to e re i tal surface area and will be restored as soon as practicable after the dis r a e. n rcumstances is the drilling for or exploration for hydrocarbons pen ~Ee in, o t~e Protected Property. 12. Road Construction Construction and maintenance fa ads th~~yfn' y be reasonably necessary and incidental to carrying out the improv es p itted on the Protected Property by this Conservation Easement are permi Gra o ay also construct and maintain roads to provide access to the properties identif as 83 -- O1 and PIN 9831-56-4044 on the recorded plat as long as they are const ted withi s designated "50' wide access right of way" on the recorded plat. Any ro r drive sha 1 be gravel and otherwise meet but not exceed the Orange County private st ds for lass "B" private road as those standards exist at the time of the grant of this Co a' ment. A copy of those standards is attached hereto as Exhibit C and inco ed he by reference. With the exception of roads within the areas identified as "Fa n hibit A, no roads constructed on the Protected Property shall be naved~ othe ' e covered with concrete asphalt rock gravel or any other impervious material, unless G ~uv such Property. A1~ to impervious , , , ~ 'tten permission of Grantee. Grantee shall not give such ., ermines that the proposed paving, or covering of the soil, or the , will not diminish or impair the Conservation Values of the Protected covered by any impervious material including rock or gravel is subject uirements in Paragraph 7. Page 10 of 20 13. Dumping and Trash Il~~~li~~l~`t8~~~~3~l~~IIIIIIIIIIIIIIIIIIIIIIIIII RB5227 443 11134 Dumping or storage of soil, trash, refuse, debris, ashes, garbage, waste, abandoned vehicles or parts, appliances, machinery, or hazardous substances, or toxic or hazardous waste, or any placement of underground or above ground storage tanks or other materials is prohibited. Provided, however, that the storage of agricultural products, byproducts (including the composting of biodegradable material for on-farm use) and agricultural equipment used on the Protected Property is allowable, so long as such storage is done in accordance with all applicable government laws and regulations and in such a manner so as to not impair the Con ation Values of the Protected Property. The iand application, storage and placement on the Protected Prope of domesti e' effluent and municipal sewage sludge or liquid generated from such source ' ltural purposes may be undertaken only if in accordance with all applicable federa , tate oc laws and regulations. /t 14. Water Rights Grantor shall retain and reserve the right, consistent ith federal, tat '~nd local laws and regulations, to use any appurtenant water rights suf cie t o maintain e agricultural productivity of the Protected Property. Grantor shall rans r, cu r, lease, sell or otherwise separate such water rights from title to t1}~ r d P itself. 1 S. Natural Resource Restoration Notwithstanding any terms coi engage or contract others to engage in enhance the natural resources found ~i with the Conservation Values ofth~- of Grantee and the Natural Res~ ceT ties ' Conservation Easement, Grantor may des to repair, restore, or otherwise t on e Protected Property, that are consistent Easement and subject to the written approval 16. Signs No new signs shall e'nr~r~t~the Protected Property except interpretive signs describing activitie d Cons tion Values of the Protected Property, signs identifying the owner of the Pro he holder of the Conservation Easement, and signs giving directions or p cribi les and regulations for the use of the Protected Property. All signs permitted on t e tecte o erty shall conform to applicable Orange County zoning, subdivisiop and bui co re~ulations. 17. \1~igoing/~esponsibilities of Grantor and Grantee Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on Grantee or the United States, or in any way to affect any existing obligation of the Grantor as owner of the Protected Property. Among other things, this sha11 apply to: Page 11 of 20 ii~~~~~1i~~11~~~~~~~i~iiniiiiiiiiiiiniiiiii R85227 444 12/34 (a) Taxes - The Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. If Grantee is ever required to pay any taxes or assessments on its interest in the Protected Property, the Grantor will reimburse Grantee for the same. (b) Upkeep and Maintenance - The Grantor retains all responsibilities and shall bear all costs and liability of any kind related to the ownership, operation, and upkeep and maintenance of the Protected Property, including the maintenance of adequate co ehensive general liability insurance coverage. Grantee and the United States shall have n tion for the upkeep or maintenance of the Protected Property. Grantor will remain responsibl o upkeep, maintenance, and repairs to any impoundments located on the Pro cted Propert . ~'~ (c) Lzabiliry and Indemnification - Grantor agrees to indemnify a ho n e harmless from any and all costs, claims or liability, including but no mited t sona e attorneys' fees, arising from (i) any personal injury, accidents, neg or da e relating to the Protected Property, or any claim thereof; (ii) any violation y fe r stat r local environmental or land use law or regulation or the use of or sence of ha substances, waste or other regulated materials in, on or under the Prote d Property; n~ii) Grantee's exercise of its rights of entry pursuant to this Conservat' n ement; pro ided, however that if such costs, claims or liability are due in whole or in o th n igen of Grantee or its agents, contractors or employees, liability shall be~po 'o d a ' gly. In addition, Grantor agrees to Property with the limits as follows: (i) $30 $300,000 per occunence, and (ii) $300,0 Grantee is and will remain a named in ed ~ Protected Properiy. Grantor shall pr i effective date of this Conservation,Ea~eme itai ~ bility~rance covering the Protected ~ rs n for ersonal injury or death, ;c ce for property damage; and warrant that •anto perty insurance policies covering the ~ with certificate of insurance coverage on the within 10 days of each insurance renewal date. Grantor shall i emnify oldl}farmless the United States, its employees, agents, and assigns for an a 11 liabilitie , claims, demands, losses, expenses, damages, fines, fees penalties, suits, pro din tions, costs of actions, sanctions asserted by or on behalf of any person or governme au i nd other liabilities (whether legal or equitable in nature and includi ithout ''tation, court costs, and reasonable attorneys' fees and attorneys' fees o rantee may be subject or incur relating to the Protected Property, whi ay from, but are not limited to, Grantor's negligent acts or omissions or Grantor's breach ny r s tation, warranty, covenant, agreements contained in this Conserva~° n Easem Dee or violations of any Federal, State, or local laws, including all Enviro~~~e3~ta1 Laws. 18. Grantee shall have the primary responsibility for enforcement of the terms of this Conservation Easement, subject to the rights of the United States. With reasonable advance notice to the Grantor or with the Grantor's prior verbal consent, Grantee shall have the right to Page 12 of 20 ~~~~~~a~~~~~1~~~~~~1~~~~~~~~ ~~~~~~~~~~~ ~~ ~ n~ R85227 445 13/34 enter the Protected Property for the purpose of inspecting for compliance with the terms of this Conservation Easement. Grantee shall have the right to prevent violations and remedy violations of the terms of this Conservation Easement through judicial action, which shall include, without limitation, the right to bring proceedings in law or in equity against any party or parties attempting to violate the terms of this Conservation Easement. Except when an ongoing or imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, Grantee shall give the Grantor written notice of the violation and thirty (30) days to cure the violation, before commencing any legal proceedings. Grantee may obtain an injunction to stop a violation or a threatened violation, temporarily or permanently he parties agree that a court may issue an injunction or order requiring Grantor to restore t cted Property to its condition prior to the violation, as restoration of the property may be th o appropriate remedy. In any case where a court finds that a violation has oc urred, Granto reimburse Grantee for all its expenses incurred in stopping and correcting t o' including but not limited to reasonable attorneys' fees. The failure of Grante o di violation or to take immediate legal action shall not bar it from doin o at a la me f that violation or any subsequent violations. In any case where a court such lation has occurred, each party shall bear its own costs. In any case wher cou ds th here was a complete absence of a justiciable issue of either law or fact r ed by the lo ' rty, the court may award a reasonable attorney's fee to the prevailing pa as provide y plicable law. To the extent required by law, the preceding sentence doesJ~ oY ly to the ited States should the United States become the Grantee under this easemenY. ~ Under this Conservation Easement, the ' e State ' a ted the right of enforcement in order to protect the public investment. The cret of the ed States Department of Agriculture (the Secretary) or his or her ass~ s, a of th United States, may exercise this right of enforcement under any authority ' ble State or Federal law if the Grantee or NCDACS fails to enforce any of the te s of/~i~ Con ion Easement, as determined in the sole discretion of the Secretary. 'J 19. Transfer of Subject to the conting rights of th United States of America as specified in Paragraph 18 and other pertinent p rap s erein, a with timely written notice to and approval of the United States Department o n rantee shall have the right to transfer the Easement created by this Dee an pu ' agency, provided the agency or organization expressly agrees to assume the res o on the Grantee by this Deed and has the necessary authority to ho~and a inister conservation easements. The tor agr s to incorporate by reference the terms of this Conservation Easement in any deed or e 1 instrument by which they transfer or divest themselves of any interests, including leasehold interests, in al~ or a portion of the Protected Property. Grantor shall notify Grantee in writing at least thirty (30) days before conveying the Protected Property, or any part thereof or interest therein. Failure of Grantor to incorporate by reference the terms of this Conservation Easement in an instrument of transfer or conveyance or to notify Grantee of a Page 13 of 20 ~~~~~~a~~~~~1~~~~~~~u~~~~~ ~ ~~~~~~~~~ ~~ ~~~ 46 14/34 transfer or conveyance shall not impair the validity of this Conservation Easement or limit its enforceability in any way. 21. Amendment of Conservation Easement This Conservation Easement may be amended only with the written consent of Grantee, Grantor, and the United States. Any such amendment shall be consistent with the Statement of Purposes of this Conservation Easement and with Grantee's and the United States' Conservation Easement amendment policies, and shall comply with Section 170(h) of the Intern evenue Code or any regulations promulgated in accordance with that section. Any such e ment ~ sha(1 be duly recorded. 22. Procedure in the Event of Termination of Conservation Eas ~a~ If it determines that conditions on or surrounding the Protec Prope ange ~ much that it becomes impossible to fulfill the conservation purposes of t' servat Easement, a court with jurisdiction may, at the joint request of both the Gra and tee a with prior consent of the United States Department of Agriculture, te ate or modi t onservation Easement created by this Deed in accordance with applicab law. If the o rvation Easement is terminated and the Protected Property is sold then as eq 'r d by Secti 1.1 70A-14(g)(6) of the IRS regulations, Grantee shall be entitled to sixty ent °o of net sale proceeds (equal to the ratio of the appraised value of this Co e i Ea to the unrestricted fair market value of the Protected Property, as these u s are t i ed on the date of this Conservation Easement), subject to any appli e la hich e ssly provides for a different disposition of the proceeds. The Grantee a t tates f America shall divide the resulting proceeds in accordance with th e enta the urchase price of the Conservation Easement that each party contributed. e pe~~ntage r 47 % for Grantee and 53 % for the United States of America. rJ All termination related en i urr~D~~'b~the Grantor and Grantee shall be paid out of any recovered proceeds prior distributi f t t~net proceeds as described herein. 23. Procedur~4,~z th~~nt of C~fidemnation or Eminent Domain Grantor an ntee re ize that the sale of this Conservation Easement gives rise to a property right, i e i Grantee, with a fair market value equal to the proportionate value that the nse ~ n Easement bears to the value of the Protected Property prior to the restrictions impo by th o servation Easement. Accordingly, if any condemnation or eminent ain acti hall taken, on all or part of the Protected Property, by any authorized public 'ty, said a ority shall be liable to Grantee for the value of the property right vested in G at th me of the signing of this Conservation Easement. Due to the federal interest in this e, e United States must consent to any condemnation action. If condemnation or a taking by eminent domain of a part of the Protected Property or the entire Protected Property by a public authority renders it impossible to fulfill any of the conservation purposes of this Conservation Easement on all or part of the Protected Properiy, the Page 14 of 20 ~~~U~~a~1~~~l~U~~~~l~~u~~~~~~~~~~~~~~~~ ~~~~~ R85227 447 15/34 Conservation Easement may be terminated or modified accordingly through condemnation proceedings. Grantor and Grantee agree that the Conservation Easement is a currently vested real property right with a value equal to the proportionate value the Conservation Easement has to the unencumbered value of the fee, as of the date of this grant. If the Conservation Easement is terminated or modified and any or all of the Protected Property is sold or taken for public use, then, as required by Section 1.170A-14(g)(6) of the IRS regulations, Grantee shall be entitled to the proportionate value of the Conservation Easement, which has been predetermined at sixty percent (60 %) of the Protected Property's unrestricted value, subject to any applicable law which expressly requires for a different disposition of the proceeds. If this Conservation Easement is terminated or modified by condemnation acti eminent domain, Grantee and the United States shall share, 47 % to Grantee and 53 % to e United States, Grantee's proportional value of the Conservation Easement.~` All condemnation-related expenses incurred by the Grantor Grant 11 be~Said out of any recovered proceeds prior to distribution of the net proceeds cribed ein. 24. Interpretation This Conservation Easement shall be interpreted un e the laws o he State of North Carolina and the laws of the United States, resolving am ' ies an uestions of the validity of specific provisions so as to give maxim~ e to i ation purposes. 25. Perpetual Duration; Severabil; The Conservation Easement cr land in perpetuity. Every provision oi apply to their respective agents, heirs~ as their interests may appear. Inva '~ Conservation Easement, or any the validity of any of the othe rovisi 26. Merger ~is d shall be a servitude running with the that a ' to the Grantor or Grantee shall also ~dmini4~Erators, assigns, and all other successors the covenants, terms or conditions of this t~4order or judgment shall in no way, affect rhich shall remain in full force and effect. The Parties ree that erms of this Conservation Easement shall survive any merger of the fee and ea Protected Property. 27. ' es otices req ' ed by this Deed shall be in writing and shall be personally delivered or sent by firs mail the Grantor and Grantee respectively at the following addresses, unless a party has bee in writing by the other of a change of address: Page 15 of 20 ii~~~i~~~i~~11~~~~~~ii~iiiiiiiiiiiiiii iiiiii R85227 448 16l34 To the Grantor: To the Grantee: To the United States NRCS: Sykes Family Ltd. Partnership Orange County DEAPR State Conservationist 5704 Vernon Road PO Box 8181 4407 Bland Rd., Suite 117 Mebane, NC 27302 Hillsborough, NC 27278 Raleigh, NC 27609 28. Grantor's Title Warranty The Grantor warrants that he holds fee simple title to the Protected Prope free from all encumbrances and exceptions to title, except for those exceptions deemed by th a ee as acceptable and set further in Exhibit B to this Conservation Easement, and hereby pr i s to defend the same against all claims that may be made against it. 29. Subsequent Liens on Protected Property No provisions of this Conservation Easement should be c as im 'ring the ability of Grantor to use the Protected Property as collateral for subse t bo 'ng. such liens shall be and remain subordinate to this Conservation Easem . 30. Subsequent Easements/Restrictions on the P o cted Prop~ty The grant of any easements or use agricultural viability or productivity of the the Conservation Values of the Protected ~ restrictions shall be subordinated to this C~ 31. Grantor's En Grantor warrants that with, all applicable Environm governmental authority of an compliance with or any liabil conditions of the Protec Pr knowledge of a release or wastes are defined a lica i S't t igh~~itwa~Ii or impair the ~rope otherwise diminish or impair is ~phibite v such easements or tY Grant r is in liance with, and shall remain in compliance e G 0 at P Moreo , Gr r hereby promises to hold harmless and indemnify the Grantee and United States g t all '' at'on, claims, demands, penalties and damages, including reasonabl attorney , ari ' g from or connected with the release or threatened release of any Hazard aterials o t, beneath ar from the Protected Property, or arising from or connected with a viol 'o of any vironmental Laws by Grantor or any other prior owner of the Protected Property. Gra r' emnification obligation shall not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Protected Property or any restoration activities carried out by Grantee at the Protected Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed by Grantee to the Protected Property after the date of this Deed of Conservation Easement. s. ra o arrants that there are no notices by any iolation leg violation of, non-compliance or alleged non- under any vironmental Law relating to the operations or e . Gran further warrants that Grantor has no actual e e of any Hazardous Materials, as such substances and ederal and state law. Page 16 of 20 ~~~~~~~~l~~~i~d~~~l~~~~~~~u~~u ~~~~~~~~~~~~ R85227 449 17/34 "Environmental Law" or "Environmental Laws" means any and all Federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and Iand use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, wa e'ls, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemic , hazardous wastes, hazardous substances, extremely hazardous substances, c tances, ic chemicals, radioactive materials, infectious materials and any other element, mp ture, solution or substance which may pose a present or potential hazard t uman or t environment. 32. Entire Agreement This instrument sets forth the entire agreement o th rties with spect to the Conservation Easement and supersedes all prior disc ns, e tiatio and understandings or agreements relating to the said easement. _ 33. Recording Clause Grantee shall record this ins Office of the Register of Deeds of C time as may be required to preserve , ..,.. -r this hereto in timely fashion with the ia, and may re-record it at any ation Easement. TO HAVE AND TO successors and assigns, fore~ Page 17 of 20 Easement unto Grantee, its ~~~~~~a~1-~~l~U~~~~l~u~~~~~~ ~ ~~~~~~~~~~ ~ ~~~ RB5227 45~ 1@134 IN WIT'NESS WHEREOF, the Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: SYKES FAMILY LIMITED PARTNERSHIP By: ~- f r y D Sykes, neral Partner By. Ji 1 Sykes Sh eman, General Pa er Accepted: GRANTEE: n ORANGE » i By: Be tte ~ssier, ir Commissioners ATTEST: gy~ dU(~'w~~~v~ Donna S. Baker, Cler to Board of Com or Page 18 of 20 ~~~~~a~~-~~~VI~~~I~~~u~~~~~~~~~~~ ~~~~~h 227 451 19/34 ACCEPTANCE OF PROPERTY INTEREST BY THE UNITED STATES OF AMERICA The Natural Resources Conservation Service, United States Department of Agriculture, an agency of the United States Government, hereby accepts and approves the foregoing Deed of Conservation Easemept, and the rights conveyed therein, on behalf of the United States of America. A By: J. B. M m, Jr. State Conservationist NORTH CAROLINA COUNTY OF WAKE I, ~! P~ ~A ~-rf~(C~.n c~ County, North Carolina, do hereby certify that J. B. Resources Conservation Service, United States DeF before me and acknowledged the due execution of t United States of America. ,. Witness my hand and official stamp My commission expires: ~ I 2~ /Zo! S / Qotary Public O~K21 ., State Co~e ionist, Natural personally appeared : on behalf of the ~ ~~of ~_, 2011. b-- Notary Public Debra Ireland NOTARY PUBLIC w~ cocnv~rY rrc ~ Page 19 of 20 NORTH CAROLINA COUNTY OF ORANGE Acknowledgments II I I IIIII~IIIIIIIIIIIIIIIII~ RB52~~~4~~~3~~Y~5 52 20/34 I, the undersigned Notary Public of the County of fari - and State aforesaid, certify that Jeffrey D. Sykes and Jill Sykes Shoneman pei nally came before me this day and acknowledged that they are the General Partners of the Sykes Family Limited Partnership, a North Carolina limited partnership, and that by authority duly given d as the act of such entity, they signed the foregoing instrument in its name on its behalf as i d deed. Witness my hand and official stamp or seal this the ~ day of , 201 My commission expires: v S Z,~ ~~ NORTH CAROLINA COUNTY OF ORANGE I, ~~..~:d( ~c~~, a certify that Donna S. Baker person Clerk to the Board of Commissio duly given and as the act of O g~ in its name by the Chair of th ra Clerk to said Board of Comm 'oi Witness my hand )r~~l~ County, North Carolina do hereby e~ e this day and acknowledged that she is nty, North Carolina and that by authority ~rolina the foregoing instrument was signed of Commissioners, and attested by her as Page 20 of 20 ~~~~~~a~~~~~1~Ul~~~l~~~~~~~ ~ ~~~~~u~~~~~ ~~~ R85227 453 21l34 AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNEMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS ~~~~~~~~~~~~1~U~~~l~~u~~~~~~~~~~~~~~~~~~~~1 Exhibit B RB5227 454 22l34 Wam~nty Deed of Agricultiual Conservation Easement Permitted Exceptions 1. Taxes for the year 20l 1 that aze deferred. 2. Subject to matters shown on recorded Plat Book ~ O°~ , Page 3'7 , including Fifly (50) foot easement to Public Service Co. of North Carolina; right of way of S e Road 1118 (Vernon Road); Fifty (50) foot right of way lucated from State Road 1 Grove Church Road) on "Farmstead Area" (PIN 9831-37-7890); right of way fro te Road 1115 (Bradshaw Quarry Road) through the Protected Property; 0 year flood along Turkey Hill Creek; and stream buffers located on the Protected 3. Title to that portion of the Protected Propercy within the right-o way of oad 18. 4. Unrecorded rights of others thereto entitled in and to the con m inte t flow of Turkey Hil1 Creek located on the Protected Property. 5. Right of way to State Highway and Public Works Co ission in ok 8, Page 309. 6. Right of Way Agreement to State Highway Co issi ' Book 1, Page 262. 7. Right of Way Agreement to State Highway m' s in 02, Page 787. 8. Right of Way Agreement and Easeme Pie nt Ele i 1 Membership Corporation in Book 250, Page 1616. 9. Sykes Drive Maintenance Agree nt eclaza ' e rded in Book 874, Page 441. 10. Right of Way and Easement t ensio Company, LLC in Book 1893, Page 87. 11. Subject to the fee sim e interest k amily Limited Partnership. EXHIBIT C IIZ~i'i~~I~9~b~1~HYf5IIIIIIlAlI11IIII~IIII~I 5 23/34 PRIVATE ROAD STANDARDS Orange County, North Carolina J n 7.8.5 Private Road Standards (A) Purpose and Intent (1) In Orange County, the pre (NCDOT) public streets or that private roads may b~! significantly larger lots, a1S~ section saves valua fill and overali lan ' turb such as enhanci g ntrani trees, providin a e ts natural surroundings, e4 County Cfa~aLers ~ r~to se bdivisions with State-maintained hicip streets. h nty recognizes, however, ficial ome ca where the developer provides ~e n te roa graded to a narrower cross- e, r natural resources, and reduces cut-and- e. e developer ciearly provides benefits or stree c es off an adjoining public road, saving ~ing di rbance, and "fitting" lots better into their ning department, Planning Board, and Board of ,err}~it the use of private roads. (2) The C nty is con r d ab~he logica( and safe extension of public roads throu out the Coun a d n es that private roads cannot be served by school buse a d sometimes by rescue squads and fire trucks. Private roads are ~nera paved and operty owners who use the road are solely responsible (3) The ~q~ity wilT~p'rove only private roads where the "benefits" outweigh the "( Priva hall never be approved simply to save money. 5) 'vate roads are a privilege, and not a right, and must be justified by the p r lot arrangement and benefits provided by each development. (B) Ge I Re irements (1} rivate Roads serve lots within subdivisions that do not have access to state- maintained roads. Private Roads insure that all lots have documented legai right-of-way and provide adequate access for residents and emergency vehicles. Orange County, North Carolina - Unified Development Ordinance Page 7-16 ~~~~~a~1~~~1~Y~~~l~~~~~~~~~~~u~~~~~~~ ~~~~~ RB5227 456 24/34 Article 7: Subdivisions Section 7.8: Access and Roadways (C) (D) (3) Private Roads may be allowed in a subdivision where, in the judgment of the Planning Board and with the approval of the Board of County Commissioners, it is found that the nature and location of the subdivision are such that a private road is justified. (a) In determining whether to permit Private Roads in subdivisions, the design features contained in subsection (F)(5) of this Section shall be considered. (b) It is the responsibility of the subdivider to supply a written state nt (5) Since Private Roads are not constructed to North Carolina Dep ent Transportation standards, they will not be added to th econdar Syst and will not be maintained by the State or Orange u Classifications (1) The standards and specifications for Private ads pply to ' ns in Orange County and the class of road requir depends on the n e~ of lots served by the road. (a) A Class B road serves 1 to 5 s o Iling units. (b) A Class A road serves 6 t I or I i (2) All Private Roads in a major s ' ion ' the approval of the Board of County Commissioners. (3) Before the final plat of th u ivisi n be re ded, the Private Road must be built and approved, or e ap 'c ust post a security instrument with the County in an amou oul the cost of constructing the road. (4) Class B Private ds in ed to s e o lots or dwelling units are not required to be t te ange unty Standards or to be inspected before recordation of the fi (a) nty r o ds that such Class B roads be built to these tandar der t vide adequate access, especially for emergency vehicles whi qui the ciearances and turn areas shown on the pecifications. Constr ion a ards for vate Roads The standa desc ' in are the minimum set forth by the County. Orange County has no termined, and is not responsible for determining, that these standards re a opriate for all uses by landowners. The standards also may not ~eFi ' o road will be accepted for maintenance by NCDOT unless or until OT standards are met. justifying the reasons for Private Roads in the proposed sub ' isi . (4) After approval of and initial construction of the Private Road, maintenance u be provided by the property owners of lots located along the road. A Road Maintenance Agreement or Declaration between the Iot own ' required to insure that the needed repairs are made (see subsection (F)( . Number of Lots 12 2 3 5 i ht-of-Wa Width 5~ ft. 50 ft. 50 ft. 50 ft. Travel-Wa Width 18 ft. No Standard 12 ft. 12 ft. Road Maintenance A reement Re uired Yes Yes Yes Yes Maintenance Property Owners Propertv Prooertv Owners Prooertv Orange County, North Carolina - Unified Development Ordinance Page 7-17 ii~~~i~~~i~~l~~~~~~iiiiiiiiiiiiiiiiiiii iiii RB5227 457 25J34 Article 7: Subdivisions Section 7.8: Access and Roadways (a) A registered land surveyor must certify in writing to the Plannin Department that the traveiway of the Private Road, either exi n upgraded or newly constructed, is within the platted right-of- (b) A professional engineer must certify in writing to the Planning Department that a Private Road, either existing, upgr ded, or newly constructed, meets the standards of the required cla o subdivision, provided however, there is no requiremen r' n certification by a professional engineer for a private roa ervi fewer lots. (c) The following must be inspected and certif . (i) The proper material has been in the way it is built to the required width and th' ness, (ii) The shoulders are the cor t width and th typ' cross section is in place; (iii) The road is on the er g (iv) Ditches are in p e e nece rovide adequate drainage, in nce 't ound engineering practice; (v) Necessa orm ~~S of pro r e, materials and construction are in p e ~~~dissip s installed, in accordance with (vi) AI sturbed are~s~~~erly stabilized; (vii) h equir ad sig in place; (veii) An te turn-around is in place at the end of the road; ire e' and horizontal clearance is provided; and (x) Sig ' tan and construction at the intersection with a public ~ road been approved by NCDOT. (2} ~/must be surfaced and compacted with a material to Orange County to the required width of the particular class Yk-e~svGn should be built into the travelway so that water will drain from the road surtace into the side ditch. The crown should not be so great as to cause vehicles to slide off the travelway when ice or snow is on the road. Generally the road and shoulder should be crowned as shown in the drawing below so that runoff will drain to the ditches on both sides of the road. Orange Counry, North Carolina - Unified Development Ordinance Page 7-18 (1) Certificate of Construction ~~~~~~~~1~~~1~U~~~l~~~~~~~~~~~~~~~~~~~~~~~~ R85227 458 26l34 Article 7: Subdivisions 5ection 7.8: Access and Roadways Figure 7.8.5.D.2: Crowning of Roadway, NCDOT Typical ShoulderlCross Section 5' - fi' 6' - 8' 18' -~0' 6' - 8' S' - 6' ~'~I_ ~ ~'~_~ f~ Ditch f~~.i Shoulder ! Roadway , : Shouider Dirch 0.08 ~S~ ~:~ ~ - - - ~i~ N 3,0~ _ t-0.02 0.02 ~. _0.08 3, -/~ 7 - -..__- __ __- ~_-- , -~~< ,Yrt~,. ~x ~ / ~~ (e) In some situations it may be desirable not to crown the road but to h e\ the travelway sloped to a single ditch as shown belo This is applicab in four situations: (i) Where it is necessary to cut down on the lengt f a i ' order to reduce the erosion potential decreas t volu of runoff, {ii) Where it is difficult to construct ditches rock, (iii) To provide for super-elevati , o (iv) In curves. (f) The single slope described in e) id always dr ' toward the inside of a curve. The crown slop the and shoul r should be approximately 1/2 to 1 in e oot. Figure 7.8.5.D.2.e/f: Crowning oi Roadway, NCDOT Roadway I Slo~~e - 1!2" i~ (3) Single Slope ~/ " 6' - 8' S' - 6' ; f-i ~-~ ; Shoulder Dit~h ~ ', e !~l~ 3~~ 5~~ ~a4 _ or4•~ ,~-~ cceptable m t rial for surfacing the traveiway is Aggregate Base urse (com ly calied "crusher run"). ' t materials (commonly called "Chapel Hill Gravel" or \"Chap GriY') will be accepted under the following conditions: {~\ The material originates from a quarry approved by the North ---_~ Carolina Department of Transportation. (ii) The grade of the road is less than 8%. (iii) Where the g~ade is greater than 8% a layer of crusher run stone will be placed over the Chapel Hill Gravel before compaclion. (iv) Sources of surface material shall be verified with the certifying professional before placement. Fill Material (a) Where filling is necessary to raise the roadbed, cross watercourses or fill stump holes, it shall be done with suitable material that is free of roots or other organic matter. Orange County, North Carolina - Unified Development Ordinance Page 7-19 ~~~~~~~1~~~~~1~~1~~u~~ ~ ~~~~~u~ ~~~ ~~~ RB5227 459 27/34 Article 7: Subdivisions Section 7.8: Access and Roadwavs (b) The fili should be firmly compacted to reduce settiement that will cause ruts or holes in the finished road. (5) Traffic Flow (a) Private Roads shall provide for two-way traffic in order to prevent conflict of vehicles meeting head-on. (b) Two-way tra~c for Class B roads can be accomplished by widening the travelway at prescribed locations to at least 16 feet to allow vehi es to pass or to pull over and stop while another vehicle passes. (c) Plans showing road and right-of-way location, ditches and cu e extent of ciearing, and existing and finish contour lines shali be app e by the Erosion Control O~cer. (6) Medians (a) Medians may be permitted between travel lanes when it' de that such design is desirable for the preserva ' of natur urces, r that excessive cut and fill would be require struct a dway to the standard width. (b) Medians may be permitted only in ac with lowi~ (i) Each lane shall contain a imum of 14 feet of cal and horizontal clearance. (ii) Each lane shall con ' a' i um travelw of eight feet, or 1/2 of the required wid i the a i le ro lass, whichever is greater. (iii) No lots shall e direc o an divided portion of the road unless ther ad ate cros a s provided through the median, s e otl ccepta means of access and (iv) Bo anes shall c tai ed within a single easement. (v) s ndar velway quired width for the road class shall be co t ere the rivate road intersects with another _ priva r ublic road. ie Way' and/or a split roadway shall be lanes diverge. ~~) h rade of road should not exceed 12% because of the difficulty of o a es on such a steep road and the high potential for rosio e travelway and ditches. ~~.59'possible, the road should be constructed along the contour of the avoid steep grades. In exceptional circumstances a variance may be granted for a grade ~reater than 12%, as may be approved by the Board of Adjustment prior to construction (see Section 2.10 for variance procedures). Circumstances where a variance will be considered are: (i) There is no other reasonable access or location of the road, (ii) Relocating the road would create othe~, more serious problems with drainage, stabilization, or environmental impact, and/or (iii) The length of the segment with grade greater than 12% is no longer than 100 feet. Orenge County, North Carolina - Unified Development Ordinance Page 7-20 ~~~~~~~~~~~1H1U~~~~~~~~u ~ ~~~~~~~~~~u ~~~ RB5227 460 28134 Article 7: Subdivisions Section 7.8: Access and Roadwavs (8) Intersection with Public Road (a) The intersection of the Private Road with the existing public road shall permit a safe entrance and exit. (b) Adequate sight distances along the public road shall be provided by choosing a good location for the right-of-way and clearing sight triangles when building the road. (c) The intersection of a Private Road with a public road must provide an adequate place for cars to stop before entering the public road ee the diagram below. 7.8.5.D.8: Intersection with Public Road Class "A"Private Fwd Connection ant~ / ~ I ~ l)npaved Apron ` Sw• dr~ail in Piq. 7 N.;.U.16 ` ~ ~ \`` ~\ ~ ~°~, __ __ ~ "_ R~2~ __ _.. R 20' Ecgc of Pavemcnt - - - ` - - - - - - - - - - - - si Note~P~~~manen~drainageeasenwnn berery~\y ~E' Class "6" Private Road Connec[io ~lv /u ~rvr -~ ~ ~ Scalc:I"- 30' ~ No:e:.~ddltion 'W may be requl ~ roaccomo ap tamlanes.an ~ metliin iald s. ~ ~ i0'IJFer ~ x 7G'7 ~ 20 "' " .~ ~ 1. Itll. f 15 ~ R'20' i~r~[ . y~n9inrw) ° L Edgc cf P~vcment '~° . ' _ ' _ _ ' _ _ ' _ _ _ _ _ ' _ ' ' _ y ~ite ~rt}ge bcyo~xl the right-of-way ~ ' ~ I ~ I s~air: r- ~o• ~ i ~ Nntr:FdAitinnalfi:Nmayberequ~red W a~comudale [epera tum I~n~•y, and ~ I ~ I metliar i:ldntl.. I ~ Unpave Ap ~ ~, ~ ~ . _.eed'c:a ~ \ Id ~ . .85.D.1' ~ ~ ~ I , \ ~ ~ l I\\ i ~ ~ 50'Tnper ~~I 10 ~ . - - ~ ~ Siyht'iiany.e _.., y\ ~ - . ~ I u?•. ~o•i _' ___" R`16~ 7~0!Vi-~ F-2U -'- --__ i__ , . ~ f-- IS"tdin.fo~ as ~ . ~ R_!;r ~ R-zU' . dtrcctcdbycngrrcer; ' •~ u : i ~ _ -- -~.__._._..--.._..--'---~--------" ----- - ~ ~.dge o vcrnent i F.dgc nf Pivenmt - _ _ " ' _ _ " " _ _ _ _ " " ' _ _ _ _ _ _ ' _ _ ' _ _ _ " ' _ _ _ ' _ _ ' _ " > Exfs:ing Foad Arainarye easemems may he required ro acmm~clace tlninage NeyeoA rhr riqhr nGway Vadablc 1 ~ i ~ i i I 18' : ~ ' ~ 1;~4 ,; Orange County, North Carolina - Uni£ed Development Ordinance Page 7-21 ii~~~~~~i~~~V~~~~inii~ii i iiiiiiiui i ii i~i R85227 461 29/34 Article 7: Subdivisions Section 7.8: Access and Roadways (d) The Private Road must flare at the public road in order to permit a vehicle to enter the Private Road when another vehicie is waiting to exit on the Private Road. The dimensions of the required flare are 20-feet for both a Class A and Class B Private Road, as shown in Figure 7.6.5.D.8. (9) Drainage (a} Ditches shall be constructed to provide drainage from the road and adjacent areas. (b) The ditches shall be built with su~cient depth and width to carr e expected volume of water. (c) The side slopes shall be graded so that they can be stabilized and prevent vehicles from becoming st~ck if they slide into the ditch. (d) Where the road crosses streams or minor watercours c shall be installed to prevent ponding and washouts of the road the i year storm. (e} On streams where it is not economical to in 1 large cu of the required size, the Erosion Control Officer y o the inst ti n of a smaller culvert if engineering equivale vision made rotect the road surtace and fill slopes from sio hen ru e road. (10) Turn-Arounds (a) Vehicle tum-around areas sh I be vided at the d of all dead end roads. This can be accomp' ed b e ing the ro in a cul-de-sac or a ~~T~ (b) The'T" type turn-aro ref e (c) Culs-de-sac shall e a ' imum di of 70 feet. (d) A"T" turn-arou s o o the ensions in the diagram below. Figure 7.8.5.D.10: "T" Type Turn-Arounds -e----~o•----~ ~- ~n•-i 17' a,vchv:~v ~ ~ ~ ~ __ ~ ~/ , ' . I , ~. .. , ~s- ~~ ~ ~ ~o.N ~' i ~ i ~ ti I ~ ~ r t ~ ~ ~ 50' ~ R/4V \ ~ / 5R ~ 3SR 1 ~ ' ~ i ~ 1 ~ 9' 1 16'Min. ~ 1 ~ I , 50' ~ I ~I ' I Note:7rnvel waywidthbosedonroaGwcryclassificet;on (e) The location of the turn-around will depend on the arrangement of the lots in the su6division. Orange County, North Carolina - Unified Development Ordinance Page 7-22 II~I~~I~~~I~~1~~~i~~I~IIIIIIIINI~lilll~lll RB5227 462 30/34 Article 7: 5ubdivisions Section 7.8: Access and Roadways (f) 1f the Private Road serves only one lot the turn-around should be {ocated near the building site. (g) In a subdivision with several lots the turn-around should be at the end of the road and the necessary right-of-way provided. (11) Road Name and Sign (a) The road name shall be verified with the Orange County Planning Department to insure that the proposed name does not duplicate an existing name. (b) The road sign shall have one double-sided blade showing th n f the Private Road and another showing the name of the existing St maintained road. (c) Class B roads of any length are required to be name ve a road sign posted. (12) Right-of-Way (a) The right-of-way shall be 50-feet wide and '~c d on the al plat. (b) Requests for rights-of-way less than 5 t in wi st be roved by the Board of County Commission o case a ' t-of-way less than 25-feet in width be appro d. (c) Bends in the right-of-way must be t. ngles that wi ermit construction of curves with a 125-foot min}+rum e erline radius ee subsection (17) below). ~ ~ (13) Vegetation (a) All areas disturbed he construc~f~ F~ road, including the shoulders, ditch b s, cu fill slo d any borrow areas, shall be seeded in perm t e to sta ze the soil and prevent erosion. (b) Seeding sh don ' ediately after grading is completed and before th al in ection anning Department. (c} The di ar II be s othed and lightly harrowed to break up the soil an re e a good seedbed. The following materials are re nde r 000 square feet: i) . Fe u grass seed (ii) 0.4 1, erman or Browntop millet (to provide temporary cover until t grass becomes established) "i) 901b lime ~ (iv) s. 10-10-10 Fertilizer Two 40 Ib. Bales of straw for mulch (enough to cover 75% of the ground surface) Other types of permanent vegetation may be substituted as long as they provide adequate cover to prevent erosion. ) Maintenance of the Private Road must be provided by the lot owners that are served by the road. ~) The required Road Maintenance Agreement between the lot owners is required to insure that the cost is shared equally and a mechanism for maintenance is set up. Orange County, North Carolina - Unifled Development Ordinance Page 7-23 ~~~~J~~~~~~-~i~~~~~l~~~u~~~~~~~u~~~~~~~~~~~~ RB5227 463 31/34 Article 7: Subdivisions Section 7.8: Access and Roadways (c) The responsibility for maintenance is the property owners and neither the State nor Orange County will maintain the road. (d) Regular atten6on shall be given to the foliowing items in order to assure that the road will remain in good condition: (i) The vegetation shail be mowed, limed and fertilized as needed. Areas that erode or where seeding is unsuccessful should be reseeded. (ii) Culverts shall be kept clear of trash and other obstrucf s that could prevent or reduce the culverts function. If culv not kept clear it will cause runoff to flow over the road and m cause flooding upstream. Ditch banks and bottoms shafl be protected from erosion by maintaining good v etation. (iii) The travelway shall be maintained by grading material to fifl any potholes that develop and to enly d surface material where the soil has b uncove ause erosion. (iv) The road name sign shall be kept visib legible at visitors and emergency perso n eas ate t road. (15) Verticat Clearance A minimum 14-foot vertical clearance shall b provided abo~th travelway to permit the passage of large vehicles }xpder o er lines and e limbs. (16) N.C. Department of Trans (17) G~ The property owner is respons' r o in' the required permit for access to the state maintained road. ' permit can tai ed from the DOT in Hillsborough. Permits are rmall nted on est. Minimum Curve Radi s (a} New curve a e con u d ith a minimum centerline radius of 125-feet e gra~). Figure 7.8.5.D.1 7.a: Minimum Cu e ' s A so~ Ri9ht of Way r ~ ' 125'Centerline CUrvB RadiuS + < 50' ~ Ri ht of Wa Orange County, North Carolina - Unified Development Ordinance Page 7-24 N~~~a~~~~~1~~~~~~~~~~uu ~ ~~~~~~~~~~ ~~~ ~~~ R85227 464 32J34 Article 7: Subdivisions Section 7.8: Access and Roadways (b) The right-of-way shall be designed with bends that will provide su~cient width to construct the road fo the minimum radius. For example, a 90 degree bend in a 50-foot right-of-way will not provide enough area to construct a road 18-feet wide. (c) The right-of-way must include su~cient width for the travelway and the necessary shoulders, ditches and slopes. (d) A curve radius of less than 125-feet may be approved if all of the following conditions are met: (i) The road existed prior to the adoption of subdivision u ions or was approved as part of an earlier subdivision; (ii) Reconstruction of the exisiing road to meet a 125-foot curve radius is not feasible due to the extent of ea which would be required and/or the inability to reconfigure ' i ~ ht- of-way location due to ownersfiip or the locatio f exis structures, wells or septic systems; (iii) Standards pertaining to road widt de will b et; (iv} The subdivision can be approv ith a s priv ad; (v) Documentation is received m the Staff Eng e t the proposed curve radius wo I provide for a qu vehicular access and circulation; an (vi) Documentation is r ived the Depa ent of Emergency Services stating t h rop ius would provide access for the est ency expected to use the road. (18) Typical Cross-Section The drawings below ill s rat ica cross s ctions for Class A and Class B Private Roads. ure 7.8.S.D.18: Typical Cross Sections Class "A" Typ ( way Section 18' ' •,~-- 5' -- ~ _6.00' 6'-1"PerFt~ ,~ ~,` -- __ .._ _ .z '- •1,• / _ :5. ~ 4.0 " ompacted Aggregate ~~ ~, ase Course ' ~ C s'" Typic oadway Section 'Min-~ ~~5'-1~ 00' 6' - 1"Per Ft ,~ ,L1 ~ 'L _ ___ . \ ; ~ _ R.. _ . _. . _ _ a?~ ~~ \ "Compacted Aggregate Base Course Comp ' nce with Erosion and Sedimentation Control Regulations Required Priv road construction shall conform to the erosion and sedimentation control p ' ions of this Ordinance (see Section 6.15). (F) Inspections and Certifications Orange County, North Carolina - Unified Development Ordinance Page 7-25 i~~~~~~1-~~i~~~~~iinin~i i iiii«iiii~ ~ i~i R85227 465 33/34 Article 7: SubdivSsions Section 7.8: Access and Roadways (1) Private road construcGon must be inspected and the construction certified in writing to the Orange Counry Planning Department by a North Carolina Professional Engineer. (2) The location of the travelway within the right-of-way must be certified to be within the platted private road right-of-way by a North Carolina Registered Land Surveyor. (3) The road must be inspected during construction so that any changes or improvements necessary to insure approval can be made before the sto is placed and the shoulders and ditches are seeded and muiched. (4) The subdivider or his(her representative must inform the professional ma ' e certification prior to the start of construction and at intervals during constructi when inspections are needed so that they can be scheduled.^ Professional Engineer Road Construction Certification No es Re uired Surveyor Certification Roadway in Platted Right-of- Yes Yes Wa (5) Inspections by the Planning Departrnent a ade only to i ure the following: (a) That the road is built to the e uired ' sions; (b) That the stone travelw is pr i to t width; (c) That adequate drai e is provide • (d} That any disturb as a eded a ulched to establish permanent ve e ati (e) To verify t e equire r si n is in place. (6) The subdivider ' pons for sup ' ng construction and for quality control inspections fo ri bbing the right-of-way, compaction of fill, construction materia a so forth. (7) The su r res a' hould employ a qualified grading contractor (and ervisor i c sary insure that the road is in the correct location and that eptable meth d an materials are used. (8) ~ o etters of cre i cannot be released or reduced until completion of the d is r ed_ Arra ements for payment between the subdivider and c ctor e responsibility of Orange County. 7.8.6 Alfeys (A) AI shall be re ' d for lots used for commercial and industrial purposes except that ~this r ' ement may be waived where other definite and assured provision is made for (B) Af~shall f}6t be provided in residential subdivisions unless necessitated by unusual The h of an alley shall be adequate for the purpose which it serVes. (D) e end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate tum around facilities at the dead end as may be recommended by the Planning Board and approved by the Board of County Commissioners. Orange County, North Carolina - Unified Development Ordinance Page 7-26 EXHIBIT D Il~~~~~~I~~~~~~~~~I~IUUIIIIIItIlhIIIIIi R85227 466 34l34 Description of Farmstead Area and Future Residential Envelope Sykes Farm Conservation Easement Farmstead Area BEGINNING at a point with a 1/2" ROD, W-791322.99, N-355950.36, said p eing N 85°21'23" E a distance of 590.47' from a 1/2" ROD label, "CONTROL CORNER, - 817296.98, E-1933526.78; thence S 86°53'45" E a distance of 497.15'; thence S 71 °46'S0" E a distan o ; thence S 02° 18'OS" E a distance of 163.10'; thence S 28°46' 19" E istanc 7.9 , thence S 81 °35'37" W a distance of 728.43 ; thence N 28°OS'32" distanc f 375.73'; thence N 16°42'S8" E a distance of 216.97'; thence N 16°40'~ E a' nce o 0.53'; to the point and place of BEGINNING, containing 9.80 es, labeled "FA STEAD AREA" as surveyed by Alois Callemyn, PLS, dated No ber, 2010, tit ed "CONSERVATION EASEMENT, ORANGE CO TY . A.P.R." nd recorded in the Orange County Registry at Plat Book I~_, Pa e Future Residential Envelope BEGINNING at a point W-791312 thence eastward to a point W-791 ~ thence southward to a poirit W-791 thence westward to a point V~~~ ~ N- 5953. ; 953. ; , 355950.39; 37, - 50.38; thence northward to the p i t and place BEGINNING, containing approximately 2 acres, and labeled Future R den ' Envelop n Exhibit A to the Deed of Conservation Easement recorded in the Ora e un at Deed BookS~~, Page T,~