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HomeMy WebLinkAbout1996 VAD Mapleview Farm (Nutter) - PIN 9851612600 Return to: Orange County, Cho Beye,rly Blytbg, AGRICULTURAL CONSERVATION AGREEMENT Bmv,1510 ?� tA41 ► -� -Zc TI�iS AGRICU TURAL CONSERVATION AGREEMENT ("Agreement") is made this day of , 1990by Robert P. Nutter ("Grantor") and between Orange County, a North Carolina unit of local government("Grantee"). WITNESSETH: WHEREAS, the Grantor is the sole owners in fee simple of certain real property in Orange County, North Carolina, more particularly described 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, Grantor intends 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 at 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 November 20, 1996; 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 December 17, 1996; NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, Grantor hereby voluntarily agrees to preserve and protect the conservation values of the Property for a period not to exceed ten (10) years from the date of this agreement. sooK 1540 p c. 442 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 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. Grantor intends 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, Grantor 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 Grantor's compliance with the terms of this Agreement; provided, however, that such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quite enjoyment of the Property. 3. Rights of Grantor. Grantor reserves to himself, and to his 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 purposes of this Agreement. In addition to the foregoing and to accomplish the purpose of this Agreement, the following rights are conveyed to Grantor: (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 BOOK 1510 PAGE 440 (e) To have the Grantee take into account the existence and terms of this Agreement, and the provisions of N.C. General Statute 153A-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 Grantor no longer meets the criteria necessary for certification as qualifying farmland and designation as a District, Grantee shall be given written notice to Grantors of such non-compliance. Grantor 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 to compensation in accordance with applicable law. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property. Grantor shall hold harmless Grantee and its Board of Commissioner members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively, "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, 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. BOOK 1541 PAGE 444 10. Amendment. If circumstances arise under which an amendment to or modification of this agreement would be appropriate, Grantor and Grantee are free to jointly amend this Agreement. Any such amendment shall be recorded in the Orange County Register of Deeds. 11. Transfers. Grantor agrees 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 Grantor 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 Grantor: Robert P.Nutter 3111 Dairyland Road Hillsborough,North Carolina 27278 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. BOOK 1540 PAGE 445 (c) Separability. 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. (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 upon Grantor shall be joint and several. The burdens of this Agricultural Conservation Agreement shall run with 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 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 Grantor has set his hand and seal and Grantee has caused this instrument to be executed in its corporate name by its duly authorized officers and its seal affixed by authority of its Board of Commissioners, all on the day and year first above written. GRANTOR: Robert P.Nutter GRANTEE: ORANGE COUNTY rtl 1, BY: � " rk yR William L. Crowther, Chair Orange County Board of Commissioners Attest: Beverly 10ythe, CleK to the Orange County Board of Commissioners r BOOK 1540 PAGE 447 "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 conveyed to Robert P.Nutter as represented at Bingham Orange County property map 13, lot 10 (Property Identification Number 9851-61-2600). State of North Carolina ORANGE COUNTY BOOK 1540 PAGE 46 I,the undersigned, a Notary Public in and for the said State and County, do hereby certify that Robert P. Nutter personally appeared before me this day and acknowledged the due execution of the foregoing instrument. d y hand and notarial seal this the a a� y of ' 19960. ' 4 '1 �v Notary Public 6 COUMR�'' My Commission Expires: 1�7 FILED 03 JAN 1997, at 08:57: W5am 1540, Page 441 — 447 State of North Carolina Betty Jlane Hayes, Register of Deeds, ORANGECOUNTY Orange COUnty, N. C. 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 William L. Crowther, 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 A,j day of ,� L, 1996- Notary Public "=1 SEAL OFFICIAL SEAL u-Norlh Carolina NoNry table-No"h Carolina My Commission Expires: 1GE COUNTY ORANGE COUNTY dLYN M.CECIL EVELYN M.CECIL�'�� /G _/ ; „- ,issiwi Expires -�miselw Expires NORTH CAROLINA - ORANGE COUNTY The foregoing certificate(s) of Joanna M. Bradshaw and Evelyn M. Cecil, x*AktnW(mNotaries) Public of the designated Governmental units jw4are) certified to be correct. Filed for registration this the 3rd day of January 19 97 at 8:57:35 o'clock AM in Record Book 1540 Page 441 etty June H yes a ist r of Deeds Return: BY Assisi n � Register of Deeds