HomeMy WebLinkAboutAgenda - 03-08-1993 - III-K 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 8 , 1993
Agenda Abstract
Item # IiT-k
SUBJECT: VOLUNTARY AGRICULTURAL DISTRICT DESIGNATION
JOHN FRANK AND DOROTHY S. MORRIS
DEPARTMENT: Planning PUBLIC HEARING: Yes_X_No
ATTACHMENT(S) : INFORMATION CONTACT:
Applications Planning Director X2592
Vicinity Map
Certifications PHONE NUMBERS:
- Soil Conservation Service Hillsborough 732-8181
- Tax Supervisor Mebane 227-2031
Staff Checklist Durham 688-7331
Draft Conservation Agreement Chapel Hill 967-9251
Land Records Report
Draft 2/17/93 Agricultural
Districts Advisory
Board Minutes
PURPOSE: To consider the application of John Frank and
Dorothy S. Morris for designation of their
property on Morrow Mill Road in Bingham Township as
a voluntary agricultural district.
BACKGROUND: Section IV.D.2 . of the Voluntary Farmland
Preservation Program Ordinance permits the
Agricultural Districts Advisory Board to review and
approve applications for qualifying farmland and
make recommendations concerning the establishment
and modification of agricultural districts. The
official designation of agricultural districts is
the responsibility of the Board of Commissioners.
Section V of the Voluntary Farmland Preservation
Program Ordinance contains the requirements for
inclusion in a voluntary agricultural district. To
be certified as qualifying farmland, a farm must:
1. Be participating in the farm present use-value
taxation program established by the N.C.
General Statutes, Sections 105-277 . 2 through
105-277 .7 , or is otherwise determined by the
County to meet all the qualifications of this
program set forth in the N.C. General Statutes,
Sections 105-277. 3 .
2
2 . Be certified by the Soil Conservation Service
of the United States Department of Agriculture
as being a farm on which at least two-thirds of
the land is composed of soils that:
a. Are best suited for providing food, seed,
fiber, forage, timber, and oil seed crops;
b. Have good soil qualities;
c. Are favorable for all major crops common
to Orange County;
d. Have a favorable growing season; and
e. Receive the available moisture needed to
produce high yields for an average of
eight (8) out of ten (10) years;
OR be one on which at least two-thirds of the
land has been actively used in agricultural,
horticultural or forestry operations as defined
in the N.C. General Statutes, Section 105-277. 2
(1,2 , and 3) , during each of the five (5)
previous years, measured from the date on which
the determination must be made as to whether
the land in question qualifies.
3 . Be managed, if highly erodible land exists on
the farm, in accordance with the Soil
Conservation Service defined erosion-control
practices as specified in the 1985 Food
Security Act.
The Orange Soil & Water Conservation District Office
and the Tax Supervisor have provided memoranda
which indicate that the Morris property
complies with the above requirements. In addition,
the property is comprised of one tract, totaling
80 acres (79 . 75 acres rounded off) . Thus, the
acreage requirement of Section V.B. 1.a. is
satisfied, since the farm consists of one tract
containing at least 80 acres.
At its February 17, 1993 meeting, the Agricultural
Districts Advisory Board voted unanimously to
certify the Morris property as qualifying farmland
and recommend it for designation as a voluntary
agricultural district.
RECOMMENDATION: The Administration recommends that the property
of John Frank and Dorothy S. Morris be designated
as a voluntary agricultural district.
/
- -._,_ f21A-1- 1'141
_ _
----) -- - --
...... .,..„,_.:_, ..,_._ -''r •-• ii 3
Ornge Cou - - ,
— .-----.:-17— -----. - - - ---77--- ---. - ant y • .. ;2-- - -- -
r:r_
Agricultural Districts Advisory Board
•-.- - , -
STAFF CITECKLIST FOR
VOLUNTARY AGRICULTURAL DISTRICT SELECTION
-:-: DateApplicationReceiveci:
---
_,, ..
APPLICANT NAME: 3-c:=4-11-4 24 t=4 V_ 1.4.01zIzi
PROPERTY INFORMATION: ..
•Property LcvationJAddress: '52.. cq se, F.A012...er,v....1 ./1„11--L, T2106-1CD
•Township; tb($-V061 .s.t41 Tax Map: ( __ Block: --- Lot:
•Parcel Identification Number [PIN): 41-va on Cp 3-7 5
•Number of Acres: -74 .1 5 CS i=a 80 Deed Book: (2.4 Page:
CERTIFICATION CRITERIA REVIEW:
..., •Meets acreage requirements of: - so --
DI One farm containing at least 110 contiguous acres; OR 6/1u
Yea: No: `il. lnitials:pr_,61E- Date:
[2] Two or more contiguous farms containing at least laCC-res.
Yes: No: Y- Initials: M -C---, Date: Wi is i
•
•Participating in farm present use-value taxation program.
Yes: No: Initials: l'nE,C Date:
•Certified by Soil Conservation Service as to land suitability.
Yes: `/- No: Initials: frIrr Date: 2-A ('9
• '
•Managed in accordance with SCS defined erosion control practices.
Yes: N4 No: Initials: Yrip C.. Date: 2- /l i
,A
CERTIFICATION/DESIGNATION ACTION: _ : _
.. ..
_ . - Date
•
-----
—-- . - - •Application reviewed for completeness. - -- -- - --,
. _
- - . - - -.-*Application forwarded to -
-Tax Supervisor's Office. /2.-7/.1--
.... .. .. . ,
- --- -Soil Conservation Service. ) 2.1
: -.
•Evaluation received from
-Tax Supervisor's Office. /2"T ( 3
'It.-_ - Soil Conservation Service. 2...) ) g.
TT-T..':-_'-',..-_- •Application presented to Agricultural Advisory Board. .77/i"5/9.."
-- -,- -• - ., [1] •Qualifying farmland certification approved. Yes: No:
-,---,.----':,-- -1.--.,---_,,,-:,':4:11, ;:...i;':•;-_-,t7 ,-.-m.
7-,...:.. -7 : nellia0n:
.- :121...Recommendation for district designation approveti..Yes: No:
'Reason: - • ' •- ---- •"1-'---,--
=1E:-...7 ::.......71-.. ..:.;-*Application presented to Board of Commissioners.:,-... .. _
, •• :1-.....5-.-!7':":::75r..747r.K-',Fr-'7E.`:.
Agricultural district designation approved.-... Yes: Na: •
— ,
.,..,---,--_,,,,..,__::•:_7!:-.,:_z2:7.11--.::.1:.,-..;,7::..;:-.:,7 ReALson:
121'...Conservation agreement form/content approved,Yes: No:
• - .---7----64--'------•-75:;-'4
• • ,--4 ---............7-,....-*Conservation agreement signed/recorded,
-*Agricultural district identified in Land Records System.. ....-- '
- - -
•Agricultural district identified on Tax Map. __.
- .Agricultural district sign[s]
• • • -_-
-_ ----T-7,-,-:-.:77-,:'..-- :,"-7 7_':'-..' ..-.- 7..Tr.".-.-- ■ - '
,. --' ' ' -: .- --.... ■.--.7':--;:::::t.7 7.7- 7._
-. :--.."..._'..r... ) '■ 2:1-. .. • ..., .- - 7-
. -
`.-- — - grange County - _ _
Agricultural Districts Advisory Board
APPLICATION FOR CERTIFICATION AS
QUALIFYING FARMLAND
AND DESIGNATION AS
_ VOLUNTARY AGRICUL ORANGE COUNTY
AGRICULTURAL DISTRICT
INSTRUCTIONS:tBefore completing the application, piease review the
.Prsaervation Prognun Ordinance Provisions of the Orange County Voluntary Farmland
rigs and dots the form, and then fill out the form u accurately and completely as possible. ae sure to
realm it to the Oran e
Road, Hillsborough, N.C. g � Planning & Department,DaPartent, 306F Revery
APPLICANT:
. NJO/714) -7C-Zak /)74/Cte/-
Address: lob// Ale,cee(1//I)/L 1. / 1;,41
City: /1 'E _ / Z ea
State: ZIP Code: 275/
• Phone Number:(Home) 02?,—C743
(Work)
PROPERTY INFORMATION:
Property Location/Address: .. f /954:
Township: Tax Map: J/ Block: Lot: 15
Parcel Identification Number [PIN]: 7',3,: -0 7_a 3 75
Number of Acres: • Cal Deed
Book: / 4 Page:
Does this land have a plan on file with the Soil Conservation Service or U.S. Forest Service?
•
Yes: - - -No: L___ _______ If "no", please complete back of form.
.. IS this land listed for farm present use-value taxation with the Orana
Yes: /------- No: If "no", please complete back of form. Tax Office?
. --. •-- OWNER[S] CER'i E1CATTON:
- - I (u'e],'the appIicant[s], hereby certify
._ _-_ _. _ - =^` application is co.1. ete-and-accurate. that, to the best of my [our] ability, the foregoing
Signature: �!`(
Signatu re. _
Date:
•
__.. Please direct inquiries to:
Orange Soil&Water Conservation District
Cooperative Extension Service
.- Orange County Planning&Inspections Depart
Hai malal•Qapd it;tt 967 STLSI.
Durham 683-7001•M.6.o.727-2031
.. i.)Prr_ ',lig1Iii,13
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6
CALCULATION OF SOIL TYPES BY ACREAGE
FARM: Morris Property--------------------------------------------
OWNSHIP: Bingham
------------
Symbol_--_Soil_Series [bAcrIS Percent-_----Acres ---
Soil
HrB Her ------------------------------Total [by Tax. ____
GeB Georgeville 7 . 40 9 . 4$ 7 . 50
GeC Georgeville 37 . 00 46 . 9%
Lg Lignum 12 . 10 15 . 3%22 . 40 28 . 4% 37 . 52
1 22 . 71
0 . 0% 12 . 27
0 . 0% 0 . 00
0 . 0% 0 . 00
0 . 0% 0 . 00
0 . 0% 0 . 00
0 . 0% 0 . 00
0 . 0% 0 . 00
_ 0 . 00
0 . 0%
0 . 0% 0. 00
0 . 0% O :oo
--------------- 0 . 00
------------
Totals "'_____________________0% 0 . 00
_ 78 . 90 . 0%--------- . 00
Reference: -__Soil Survey___f___----- ---"_100----_____ 80 . 00
USDA, Soil ConservationoSery e __'--
vice
0471/410
ORANGE COUNTY TAX SUPERVISOR'S OFFICE
• ,! IH \irRO' STREET
HILLSBOROUGH, NORTH CAROLINA 27278
LRMIT LLOYD
I!L1
MEMORANDUM
TO : Marvin Collins , Planning Director
FROM Kermit Lloyd , Assessoc t—
John Frank and Dorothy S . Morris
Application for Farmland
SUBJECT : Certification as Qualifying
DATE : January 29 , 1993
•
that the following tracts of land owned by
S . Morris are actively participating '-r�
John-Frank is to and John Frank and Dorothy' rogram:
the farm present use-value taxation p
Tract
Map
641415 6 . 31 . • 18
UUn tec States 8
iecmen, o� Soi:
Ac onserva!o Sox P,19
z o::u Sere,c e
sborouc , f -
732-8i ' , EX:.
" _
".ORADUM
TO: Marvin Collins , Oranoe County Planning Director
FRO"!;
Gregory A. Walker, SCS District Conservationist
DATE: February j 1993
SUBJECT: Applications for Certification
as Qualifying Farmland for
Agricultural districts - p
Claude L. hushes J et H. and Martha S.
r. ; John Frank and Dorothy S. ,Mori s '
Attached are the applications for ,
Aoricuitural the above landowners
Districts Program.
in regard to the
Attachments
0 Tne Soil Conservation Service
is an agency of me
Department of Agriculture
9
, P F m
United States Sol!
l
-Fi �. Conservation
Department of
. j Aonculture Service
"1ORRIS
Tn ] s report serves to c.'coumert now the proposed farm
I u std(
Ej
ri '1I ande Coun tv ..
I �Z l� i C� � _ -
i wo—t,n I rC5
of tne SO ! s on tyre farm must :
a . -Be suited for providing food , seed , fiber , forage .
t l fflD e r and o ; Seed : rc55 .
•
y, x eJ ,� 100
no C
Comments :
b . Have Good soil qualities .
yes "x
no
Breakdown of soil classes in percent:
Clasp Classes I , II , III are
Class II 72 primarily used for cropland .
Class IIi 2$ Classes iii —Vi are generally IV Class
Class V best suited for pasture or
Class Vi woodland .
Class VIII
Class VIII generally unsuited
for agricultural use .
Comments :
c . Se favorable for all major crops common to Olangaln ,
County . Major crops are corn , tobacco ,
pasture , loblolly pines .
100 Y. favorable `z unfavorable
O The Soil Conservation Service
is an agency of the
Department of Agriculture
10
MORRIS
Page 2
C . Have favorable growing season . (YES)
T "e growing season
200 for Orange_Count is
days . It begins in approximates _ aPsecx matek
of April and runs until the last �weeke and weeK
October , p about
This response will oe consistent for all
farms in Orange County .
e • Receive the available moisture needed to for an average of 8 to 10 years .
o produce hign
Orange County receives a
rainfall annually . PProximaL tely 42 — 45 inches
Y . This response will be consistent'
for ail farms in Orange County .
0 R
At least two—thirds of the land has been actively used in
agriculture , horticultural or forestry operations the NC General Statutes y oPer. 2 (1 , , and
during each of Section i05—L?7 . 2 (1 , 2, and 3)
the five previous years , measured from the
date on which the determination must be made as to whether
the and in question qualifies .
Acres in cropland 48
Acres in forest land ___ 30
Acres in homestead , ---
farmstead or other
related use - 2
•
Total TRACT Acres 80
Greater than two—thirds in designated uses .
Yes _ x 100
No -------- z
Pcji-rX11
Page
MORRIS
2 . Farm must be managed , if highly erodible lane exists on
the farm , in accordance with the USDA , Soii Conservation
prac t ices a s spec i f i ed
Service (SC�� defined erosion—control
in the 1965 Food Security Act. n'
Plan on file in SCS Office YES
NO x
If No , plan will be required before acceptance into the
Voluntary Agricultural Districts Program .
Comments :
Land use is pasture or forestland. Pasture use will exceed FSA conservation'
requirements .
•
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twe: s13
AGRICIILTIIRAL CONSERVATION
AGREEMENT D El a
THIS AGRICULTURAL CONSERVATION AGREEMENT ("Agreement") is made this
day of , 199 , by John Frank Morris and
Dorothy S. Morris, husband and wife, ("Grantors") , and between Orange
County, a North Carolina unit of local government ("Grantee") .
WITNESSETH:
WHEREAS, the Grantors are the sole owners in fee simple of certain
real property in Orange County, North Carolina, more particularly describe(
in Exhibit A attached hereto and incorporated by this reference (the
"Property") ; and
WHEREAS, the Property possesses conservation values of great
importance to the Grantors, the people of Orange County, and the people of
the State of North Carolina; and
WHEREAS, Grantors intend that the conservation values of the Property
be preserved and maintained by the continuation of land use patterns,
including, without limitation, those related to agriculture use existing a
the time of this Agreement, that do not significantly impair or interfere
with those values; and
WHEREAS, Grantee is a North Carolina unit of local government seeking
to preserve and protect land in its agricultural condition pursuant to the
laws of the State of North Carolina, and, in particular, by the Farmland
Preservation Enabling Act (Chapter 106, Article 61) and by the Historic
Preservation and Conservation Agreements Act (Chapter 121, Article 4) of
the North Carolina General Statutes, and pursuant to the Orange County
Voluntary Farmland Preservation Program Ordinance; and
WHEREAS, the Orange County Agricultural Districts Advisory Board
("Board") certified the Property as qualifying farmland pursuant to the
Orange County Voluntary Farmland Preservation Program Ordinance on Februar
17 , 1993 ; and
WHEREAS, the Orange County Board of Commissioners designated the
Property as a Voluntary Agricultural District ("District") pursuant to the
Orange County Voluntary Farmland Preservation Program Ordinance on March
1993 ;
NOW, THEREFORE, in consideration of the above and the mutual
covenants, terms, conditions, and restrictions contained herein, Grantors
hereby voluntarily agree to preserve and protect the conservation values 1
the Property for a period not to exceed ten (10) years from the date of
this Agreement.
1. Purpose. It is the purpose of this Agreement to assure that the
Property will be retained in agricultural use and to prevent any use
of the Property that will significantly impair or interfere with the
conservation values of the Property. For the purposes of this
Agreement, "agricultural use" is defined as cultivation of soil for
14
production of crops, including but not limited to fruits, vegetables,
flowers, and ornamental plants, the planting and production of trees
and timber, and the raising of livestock, for individual and public
use, consumption, and marketing. Grantors intend that this
Agreement will confine the use of the Property to such activities
as are consistent with the purpose of this Agreement.
2 . Rights of Grantee. To accomplish the purpose of this Agreement, the
following rights are conveyed to Grantee by this Agreement:
(a) As provided in and subject to the limitations contained in this
Agreement, Grantee shall preserve and protect the conservation
values of the Property by limiting its use to agricultural use as
defined in this Agreement; and
(b) To enter upon the Property at reasonable times in order to
monitor Grantors' compliance with the terms of this Agreement;
provided, however, that such entry shall be upon prior reasonable
notice to Grantors, and Grantee shall not unreasonably interfere
with Grantors' use and quite enjoyment of the Property.
3 . Rights of Grantor. Grantors reserve to themselves, and to their
personal representatives, heirs, successors, and assigns, all rights
accruing from their ownership of the Property, including the right to
engage in or permit or invite others to engage in all uses of the
Property that are not expressly prohibited herein and are not
inconsistent with the purpose of this Agreement.
In addition to the foregoing and to accomplish the purpose of this
Agreement, the following rights are conveyed to Grantors:
(a) To have a sign identifying the existence of the District erected
on each major public road providing access to the Property;
(b) To have water and/or sewer assessments held in abeyance,
without interest, until improvements on the Property are
connected to the water and/or sewer systems of the Grantee;
including the right to decide when it is necessary to connect
such improvements to the water and/or sewer systems of the
Grantee;
(c) To have the Grantee, through its Land Records System, provide a
notice reasonably calculated to alert a person researching the
title of a particular tract that such tract is located within
one-half mile of the Property;
(d) Upon notice to the Board that a State or local public agency or
governmental unit, including the Grantee, will formally initiate
action to condemn any interest in the Property, the Board or its
authorized representative shall hold a public hearing on the
proposed condemnation; and
(e) To have the Grantee take into account the existence and terms of
this Agreement, and the provisions of N.C. General Statute 153A-
15
340 in land use planning decisions and ordinances affecting the
Property as well as parcels of land adjacent thereto.
4 . Prohibited Uses. Any activity on or use of the Property inconsistent
with the purpose of this Agreement is prohibited; provided, however,
from and after the date of this Agreement, the creation of no more
than three (3) lots that meet applicable zoning and/or subdivision
regulations is permitted.
5. Access. No right of access by the general public to any portion of
the Property is conveyed by this Agreement.
6. Grantee's Remedies. If Grantee determines that Grantors no longer
meet the criteria necessary for certification as qualifying farmland
and designation as a District, Grantee shall give written notice to
Grantors of such non-compliance. Grantors may take corrective action
sufficient to bring the Property into compliance or may seek to
extinguish the terms of this Agreement pursuant to paragraph 7 .
7 . Revocation. By written notice to the Grantee, the Grantor may revoke
this Agreement as provided for by Section VI of the Orange County
Voluntary Farmland Preservation Program Ordinance and by N.C. General
Statute 106-737 . 1 (Farmland Preservation Enabling Act) . A record of
the revocation shall be recorded in the Orange County Register of
Deeds and shall result in loss of eligibility to participate in a
voluntary agricultural district and the benefits thereof.
8 . Condemnation. If the Property is taken,, in whole or in part, by
exercise of the power of eminent domain, Grantor shall be entitled tc
compensation in accordance with applicable law.
9. Costs and Liabilities. Grantors retain all responsibilities and sha:
bear all costs and liabilities of any kind related to the ownership,
operation, upkeep, and maintenance of the Property._Grantors shall
hold harmless Grantee and its Board of Commissioner members,
directors, officers, employees, agents, and contractors and the heir
personal representatives, successors, and assigns of each of them
(collectively "Indemnified Parties") from and against all liabilitie
penalties, costs, losses, damages, expenses, causes of action, claim
demands, or judgments, including, without limitation, reasonable
attorneys' fees, arising from or in any way connected with:
(1) Injury to or the death of any person, or physical damage to
any property, resulting from any act, omission, condition,
or other matter related to or occurring on or about the
Property, regardless of cause, unless due solely to the
negligence of any of the Indemnified Parties;
(2) The obligations specified in paragraph 9 ; and
(3) The existence, or administration of this Agreement.
10. Amendment. If circumstances arise under which ntamend entrtoaor
c
modification of this Agreement. would be app p ri
16
Grantee are free to jointly amend this Agreement. Any such amendment
shall be recorded in the Orange County Register of Deeds.
11. Transfers. Grantors agree to give written notice to Grantee of the
transfer of any interest at least ten (10) days prior to the date of
such transfer. The failure of Grantors to perform any act required by
this paragraph shall not impair the validity of this Agreement.
12 . Notices. Any notice, request or communication that either party
desires or is required to give to the other shall be in writing and
either served personally or sent by first class mail, postage prepaid,
addressed as follows:
To Grantors: John Frank Morris and
Dorothy S. Morris
5511 Morrow Mill Road
Chapel Hill, North Carolina 27516
To Grantee: Orange County
c/o Beverly Blythe, Clerk to the
Board of County Commissioners
P.O. Box 8181
Hillsborough, North Carolina 27278
or to such other address as either party from time to time shall
designate by written notice to the other.
13 . Recordation. Grantee shall record this instrument in timely fashion
in the Orange County Register of Deeds and may re-record it at any
time as may be required to preserve its rights in this Agreement.
14 . General Provisions.
(a) Controlling Law. The interpretation and performance of this
Agreement shall be governed by the laws of the State of North
Carolina and, in particular, by the Farmland Preservation
Enabling Act (Chapter 106, Article 61) and by the Historic
Preservation and Conservation Agreements Act (Chapter 121,
Article 4) of the North Carolina General Statutes, and by the
Orange County Voluntary Farmland Preservation Program Ordinance.
(b) Liberal Construction. Any general rule of construction to the
contrary notwithstanding, this Agreement shall be liberally
construed in favor of the grant to effect the purpose of this
Agreement. If any provision in this instrument is found to be
ambiguous, an interpretation consistent with the purpose of this
Agreement that would render the provision valid shall be favored
over any interpretation that would render it invalid.
(c) Sebarability. If any provision of this Agreement, or the
application thereof to any person or circumstance, is found to be
invalid, the remainder of the provisions of this Agreement, or
the application of such provision to persons or circumstances
other than those as to which it is found to be invalid, as the
case may be, shall not be affected thereby.
r
(d) No forfeiture. Nothing contained herein will result in a
forfeiture or reversion of Grantor's title in any respect.
(e) Joint Obligation. The obligations imposed by this Agreement upor
Grantors shall be joint and several.
The burdens of this Agricultural Conservation Agreement shall run witr
the Property and shall be enforceable against the Grantor and all
future parties who have an interest in the Property for the term of the
Agreement.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns, this
Agricultural Conservation Agreement together with all and singular the
appurtenances and privileges belonging or in any way pertaining thereto.
IN WITNESS WHEREOF Grantors have set their hands and seals and Grante(
has caused this instrument to be executed in its corporate name by its dul:
authorized officers and its seal affixed by authority of its Board of
Commissioners, all on the day and year first above written.
GRANTORS:
(SEAL)
John Frank Morris
(SEAL)
Dorothy S. Morris
GRANTEE:
BY:
Moses Carey, Chair
Orange County Board of Commissioners
Attest:
Beverly Blythe, Clerk to the
Orange County Board of Commissioners
18
State of North Carolina
ORANGE COUNTY
I, the undersigned, a Notary Public in and for the said
State and County, do hereby certify that John Frank Morris and
Dorothy S. Morris personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal this the day of
, 19
Notary Public
My Commission Expires:
State of North Carolina
ORANGE COUNTY
I, the undersigned, a Notary Public in and for the said
State and County, do hereby certify that Beverly A. Blythe personally
appeared before me this day and acknowledged 'that she is Clerk to the Board
of Commissioners of Orange County, and that by authority duly given and as
the act of Orange County, the foregoing instrument signed in its name by
Moses Carey, Jr. , Chairman, Orange County Board of Commissioners, sealed
with its official seal, and attested by herself as its Clerk.
WITNESS my hand and notarial seal this the day of
, 19
Notary Public
My Commission Expires:
1) /1--: -3/(P:13
9
"EXHIBIT A"
The property certified as qualifying farmland and designated as a
Voluntary Agricultural District is located in Bingham Township, Orange
County, North Carolina and is more particularly described as follows:
(1) The property designated on the plat entitled "PROPERTY OF JOHN
FRANK MORRIS & WIFE DOROTHY" as surveyed by Harold M. Harris,
Registered Land Surveyor, March 8, 1990, said plat being duly
recorded in the Orange County Registry in Plat Book 54 , Page 158
containing 79.75 acres; and represented at Bingham Orange
County property map 31, lot 18 .
20
CERTIFICATION AS QUALIFYING FARMLAND
Report From Central Land Records
Evaluator: Denise Robinson Date Received / / ZF/ rj'3
Date Reporting /
Name of Applicant : \ i ,
Parcel ( s ) PIN ' s : - DO -
Parcel TMBL ' s : 61 1 C�
1 . What deed book/page(s) conveyed this property to the
owner? 12)), _ 33
2 . Is all of the property supported by a plotable
description or a recorded survey? (yes/no)
3 . Describe here, or on the back, any description problems?
)3 NtT Rte) ) ) 3 T `
LoTT46
4 . What is the total described or plotted size of the
property? - (77
5 . Is any of the proposed property not covered by either a
deed/estateTorL survey? (yes/no If so, identify property
6• Any Comments?
21
The Agricultural Districts Advisory Board considered a
proposed amendment and recommended that it be presented at
the February 22 , 1993 public hearing. The underlined wording
was added to that considered by the Advisory Board following
consultation with the County Attorney.
In addition, small tracts or lots, when surrounded by
or adjacent to certified qualifying farms, may be added
to and thereby included in an existing or proposed
voluntary agricultural district .
This item for informational purposes only.
b. Proposed Revisions to LESA System
Collins noted that there are some problem to be worked out
with the Forestry Service before being brought to this Board.
Board members also agreed that the full Board should be
present when this item is discussed.
ITEM #4: Items for Decision
a. John Frank and Dorothy S . Morris -
Qualifying Farmland Certification and
Voluntary Agricultural District Designation
Presentation by Marvin Collins.
(A copy of the abstract information including application,
vicinity map, certifications from SCS and Tax Supervisor,
Staff checklist, Draft Conservation Agreement and Land
Records Report is in the permanent agenda file. in the
Planning Department. )
The Planning Staff recommends that the property of John
Frank and Dorothy S . Morris be certified as qualifying
farmland and recommended for designation as a voluntary
agricultural district.
Stewart asked if there is any reason that the property
should not be designated as a voluntary agricultural
district. Collins responded no.
MOTION: Stewart moved approval as recommended by the Planning
Staff. Seconded by Walters .
VOTE: Unanimous .
b. Claude L. Hughes, Jr. -
Qualifying Farmland Certification and
Voluntary Agricultural District Designation
Presentation by Marvin Collins.