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HomeMy WebLinkAboutAgenda - 09-21-2004-5k; VAD - Walters, Carl and ElizabethORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 21, 2004 Action Age5~ Item No. SUBJECT: Voluntary Agricultural District Designation -Walters Property DEPARTMENT: Environment and Resource Conservation ATTACHMENT(S): 1) Application 2) Vicinity Map and Soils Information 3) Certification from NRCS 4) Certification from Tax Supervisor 5) APB Minutes August 18, 2004 6) Draft Conservation Agreement PUBLIC HEARING: (Y/N) No INFORMATION CONTACT: David Stancil, ERC Director, 245-2590 Tina Moon, Preservation Planner, 245-2583 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider an application from Carl and Elizabeth Walters far certification as qualifying farmland and designation of 173 acres as an addition to their Voluntary Agricultural District. BACKGROUND: Carl and Elizabeth Walters have submitted an application to add additional lands to the County's Voluntary Agricultural District (VAD) Program, The Walters currently have three tracts of their farm totaling 205 acres in the VAD program, The additional 173 acres of the parcel in question would increase the acreage in their existing district to almost 378 acres, The attached map shows the location of this new tract along with the three tracts currently enrolled in the VAD program. The County's adopted Voluntary Farmland Preservation Program Ordinance provides that the Agricultural Preservation Board is to review and approve applications for qualifying farmland, and make recommendations to the Board of Commissioners concerning the establishment and modification of agricultural districts. 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, Be certified by the Natural Resources 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; i a b, Have good sail qualities; c, Are favorable for all major crops common to Orange County; d. Have a favorable growing season; 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 twc-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 an 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 Natural Resources Conservation Service defined erosion-control practices as specified in the 1985 Food Security Act. The Natural Resources Conservation Service Office and the Tax Supervisor have provided memoranda (attached) which indicate that the Walters property (TM #2.42.,5A) satisfies the above requirements (see Attachments #3 and #4).. In addition, the property in question contains 173 acres and meets the 80-acre minimum size requirement for individual Orange County VADs. To be designated as a Voluntary Agricultural District, the District must be approved by the Board of Commissicners. Following this approval, the property owner signs a conservation agreement, as provided in the North Carolina General Statutes, between Orange County and the owner that prohibits non-farm use or development of such land for a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable Orange County zoning and subdivision regulations (see Attachment #6). The property owner may leave the program by providing a written notice. At its August 18, 2004 meeting, the Agricultural Preservation Board voted unanimously to approve the certification of the Walters tract as qualifying farmland, and to recommend its formal designation as part of the Walters' existing Voluntary Agricultural District located along High Rock Road in Cedar Grove Township. The addition of this land would bring the total acreage in the Voluntary Agricultural District program in Orange County to 2,052 acres. FINANCIAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the 173 acres of the Walters property be certified as qualifying farmland and designated as an addition to the existing Walters Voluntary Agricultural District, 3 f ~ Or°ange County Agricultural Preservation Soard APPLICATION FOR CERTIFICATION AS QUALIFYING FARMLAND AND DESIGNATION AS AN ORANGE COUNTY VOLUNTARY A(TRICULTURAL DISTRICT INSTRUCTIONS: Before completing the application, please review the provisions of the Orange County Voluntary Farmland Preservation Program Ordinance, then fill out the form as accurately and completely as possible. Please sign and date the form, and return it to the Orange County Environment and Resource Conservation Department, 30GA Revere Road, Hillsborough, NC 27278 APPLICANT: t_ I / Name:'~r~ aI~ ~! ~1'r ;I ~=~I7 r~~E ~ n ~1/cl~~Cr'1^ ~ U City: ~ ~~ a I't ~ State:~~~_Zip Code: ~ ~ ~ ~ -3 Phone Number (Day):~91 (~ rJ GG 3 ' ~ `~tl ~ (Evenina) 0 PROPERTY INFORMATION: ` / r~ j ' Property Location/Address: ~V 6 Y` ~- ~'\ D t~ l'~ + ~~ ` ~ Township:L-'u"~y-~--~~w-~-"=~ TaxM,~aJp: ~~ Block:`/~Lot:~_ Parcel Identification Number (PII~: 9 n a ~ y ~~ - ~ `3 ~ Y Number of Acres: ~ ~ 3 Deed Book: 3 3 <> 1 Page: /. `~ Does this land have a plan on file with the Natural Resources Conservation Service or NC Forest Service? Yes: r'~ No: It "No'", please complete back of form Is this land ]fisted for Present Use taxation with the Orange County Tax Office? Yes: No: If "No", please complete back of form ,~; ~~ l-1 P '' OWNER[S] CERTIFICATION: I [R'e], the applicant[s], hereby certify that, to the best of my [our] knowledge, the foregoing application is complete and accurate. Si afore: /~.Xllea.~ ~ r Date: ~ -- O Please direct inquiries to: c/o Orange Coanty Environment and Resmuce Consernation Deparhnen[ 306A Revere Road llillsbormrgh, NC ?7?78 Iiillsboraagl: •7.33-8187 Chapel liil! • 9G7-9~S1 Durham •G83-73.31 hlebmre •??7-20.?I 4 SUPPLEMENTARY INFORMATION: 1, How long have you owned your farm? veazs 2. How tong have you lived on your farm? veazs 3. Has your farm exceeded $1,000 in gross income in each of the past three years? No 4. How many acres on your farm are under cultivation? acres 5, What aze the major crops that you plant each year? 6 How many acres on your farm aze used for pasture? acres 0 Tract in consideration TMBL 2.42.~iA Existing Victor Walters VAD Existing Carl Walters VAD TMBL 242 11 7MBL 242.ttA Voluntary Agricultural District Garl and Elizabeth Walters Property TMBL 2.42..5A 173 Acres A 1000 0 1000 2000 Feet GeB ~ ~ GIF ./-~ _ _. GeB Soils Data for Carl and Elizabeth Walters Property TMBL 2.42..5A Chewacla (Ch) = 8.912 acres Goldston (GIF) = 21..354 acres Georgeville (GeB) = 59..849 acres Tatum (TaD) = 34.562 acres Georgeville (GeC) = 46.300 acres Tatum (TaE) = 0.018 acres 300 0 300 600 N A 'Slight variances in acreage calculations using soils data often occur • Yours For.' ~ ~. L-ife 1, ~ '` - Orange Soil & Water Conservation District Phone:919-732-8181, Ext. 2750 Natural Resources Conservation Service Phone: 919-644-1079, Ext. 3 June 18, 2004 To: Tina Moon, Land Ilse/ Preservation Plarmer From: Brent Bogue, Distiict Conservationist Subject: Walters Fann, Application for VAD o us®~ ®-.._.. PO Box 8181 306 Revere Road Hillsborough, NC 27278 Please find the attached forms regarding the qualifications for Vohmtary Agricultural Districts in Orange County. This tract appears to be in timber production so no farm plan is required by our office. If the landowner decides to clear this land to make any part of it capable of producing commodity crops he should contact our office to insure that all regulations are considered. r='~~e Brent Bogue Disisict Conservationist (NRCS), Hillsborough Field Office SOIL & WATE R ~. C O N S E R V A T I O N Orange Soil & Water Conservation District Phone: 919-732-8181, Ext. 2750 Natural Resources Conservation Service Phone:919-644-1079,Ext 3 lJ~®!-~ O PO Box 8181 306 Revere Road Hillsborough, NC 27278 This report serves to document how the proposed farm qualifies for acceptance into the Voluntary Agricultural Districts in Orange County, 1. Two-thirds of the soils on the farm must: a. Be suited for providing food, seed, fiber, forage, timber, and oil seed crops. YES X % 86 NO X % 14 Continents: b. Have good soil qualities. YES X NO Breakdown of soil classes in percent: Class I Classes I, II, III are primarily used for cropland Class II 35% Class III 52% Classes III-VI are generally best suited for pasture Class IV or woodland. Class V Class VI 0 Class VII 13% Class VIII generally unsuited for agricultural use.. Comments: c. Be favorable for all major crops common to Orange County. Major crops are corn, tobacco, small grain, pasture, and loblolly pines, 88 % favorable 12 % unfavorable d. Have favorable growing season, (YES) L.`J The growing season for Orange County is approximately 200 days. It begins in approximately the second week of April and runs mitil about the last week in October.. This response will be consistent for all farms in Orange County. e. Receive the available moisture needed to produce high yields for an average of 8 to 10 years. (YES) Orange County receives approximately 42-45 inches of rainfall amorally. This response will be consistent for all fazms in Orange County, OR At least two-thirds of the land has been actively used in agriculture, horticulture or forestry operations as defined in the NC General Statutes, Section 105-277..2 (1,2, and 3) during each of the five previous years, measured from the date on which the determination must be made as to whether the land in question qualifies. Acres in cropland Acres in forestland 173 Acres in homestead, farmstead or other related use Total TRACT acres _173 Greater than two-thirds in designated uses.. Yes X %_100 No Comrnents: 1. Farm must be managed, if highly erodible land exists on the fame, in accordance with the USDA Natural Resources Conservation Service (MRCS) defined erosion-control practices as specified in the 1985 Food Security Act as amended. Plan on file in MRCS Office YES NO X If NO, plan will be required before acceptance into the Voluntary Agricultural Districts Program. Conunents: If this tract is to remain in timber production no I~EL plan will be needed. If any pm•tion of this tr°act is to be cleared so as to make crop production possible, a plan will need to be developed, Orange County Tax Assessor's Office '~ PO Box 8181 Hillsborough, NC 27278 Orange County Tax Office September 8, 2004 Tina Moon, Land Use/ Preservation Planner Enviroment and Resource Conservation Dept. P O Box 8181 Hillsborough, N.C. 27278 Dear Tina: I am in response to your inquiring on Carl acid Elizabeth Walter's property referenced by tax map number 2.42_SA. The Walters have this property participating in the present-use value program, and have submitted a forestry management plan on it. Please call me at the telephone number indicated below if I can be of assistance.. Sincerely, Teresa Moore Present-Use Value Program Director Should you have questions please call Teresa Moore ................ .. .. ..... .. . (919) 245-2108 i1 DRAFT MEETING SUMMARY AGRICULTURAL PRESERVATION BOARD August 18, 2004 PRESENT: Tony Kleese, Whit Marrow, Marty Mandell, Elizabeth Walters, Gordon Warren, Noah Ranells; Environment & Resource Conservation Director David Stancil and staff Tina Moon and Carol Melton, ABSENT: Bob Strayhorn, Don Johnson, Louise Tate, and Rodney Recor, ITEM #1: CALL TO ORDER Kleese called the meeting to order at 735 p.m, Stancil announced that the BOCC appointed James Wynn to the APB at the August 17`h meeting. ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA Stancil requested the addition of two items to the agenda, An update of the Orange County Comprehensive Plan Natural and Cultural Systems Element, draft outline report, and information on the recently formed workgroup (from the Planning Board) which is researching and discussing options for farmland protection and n~ral development for the Land Use Element update, Ranells invited anyone to attend the next workgroup meeting at 6:30 in the Fcad Lab. ITEM #3: APPROVAL OF MINUTES May 19, 2004 MOTION: Gordon motioned approval of May 19th minutes. Seconded by Ranells. VOTE: Approved unanimously, ITEM #4: ITEMS FOR DISCUSSION a. Status Report on ongoing projects Moon gave a progress report on the Agricultural Business Options project, and introduced the idea of conditional use zoning-a new concept for Orange County, which the workgroup is exploring as part of the agricultural business proposal. Staff was encouraged to continue seeking ways to assist farmers with alternatives to use and to be an acceptable part of the Land use update process, Members considered language and gave revisions and preferences to staff. b. Agricultural Center Workgroup update Stancil noted that the Agricultural Center Workgroup needs more volunteers before the BOCC will appoint members, The missing applications for slots on the workgroup are in the following categories: NC Dept of Agricultural Staff, Potential Institutional Consumers, Farm Association such as Farm Bureau and Institutional user such a university, school, ar DOT, He asked the APB to brainstorm for potential members for these positions and let him know of any suggestions, DRAf•T August I8, 2004 Agricultural Preservation 6oarJ Meeting Summary c. Update on Proposed Agricultural Conservation Easements and USD ~~ Grant Application Earlier this .year Orange County in collaboration with the Orange NRCS/Soil and Water Conservation District applied for $846,000 in federal grant funds from the USDA Farm and Ranch Land Preservation program (FRPP). These funds are available to local governments and land trusts to acquire conservation easements that protect prime agricultural lands. This is the third ,year funds have been available from the FRPP. In 2002, Orange County was awarded $784,000 of the $2.1 million allocated fo N. C. Those funds are being used fo protect about 400 acres of farmland in Bingham, Cheeks, and Gedar Grove townships. Stancil reported that the Orange County's Lands Legacy Program has been awarded three matching grants totaling $638,840 from the U.S. Department of Agriculture's Farm and Ranch Lands Protection Program, The County had applied earlier this year for funds to help acquire conservation easements on three local farms, The total acreage of these three easements is expected to be around 500 acres. One of the farms in located in southwestern Orange County; the other two farms are located in the north central part of the county. All of the farms are evaluated by NRCS and County staff to ensure a history of good resource management and active resource conservation plans. All three farms will be identified in the next few weeks after owners are notified of the grant and other preliminary paperwork is filed, Members discussed the time frame from the selection period until the actual payment and asked about the total amount of protected farmland in the county. Stancil summarized the approximate negotiation timetable between the different parties, He reviewed that since its inception in April 2000, the Lands Legacy Program has protected 1,090 acres of land, with another 300 acres pending acquisition, Of this amount, Lands Legacy holds seven conservation easements totaling 369 acres, with another 263 acres in three additional approved easements that are nearing completion, Of Lands Legacy's current and pending easements, most are agricultural conservation easements designed to protect prime and threatened farmland for future generations. The three new easements would bring the Lands Legacy total to 1,853 acres, with 1,131 acres in easements. Members applauded the diligent efforts by everyone in recruiting landowners to participate and in pursuing funding. ITEM #5: ITEMS FOR DECISION a. Walters VAD application Staff reported the receipt of an application from the Walters to enlarge their existing Voluntary Agricultural District with another adjacent tract, ERCD Staff has received responses from the Tax Assessor and the Natural Resources Ganservation Service regarding the application, and the tract in question meets the criteria for qualifying farmland, The next step, subject to the review and approval of the APB, is for staff to submit the application before the Board of County Commissioners for their consideration. Members commended the Walters' desire to enlarge their existing district and their continued dedication to the preservation of farmland in Orange County. MOTION: Warren motioned approval and asked for staff to prepare a recommendation for the BOCC for the establishment of a voluntary agricultural district, Seconded by Mandell and Ranells, VOTE: Unanimous, Walters recluses. DRAP i August I8, 2004 Agricultural Preservation Doard Meeting Summary 1~ b. Consideration of Resolution to Forward to BOCC asking municipalitie and/or Water/Sewer Providers to adhere to Voluntary Farmland Preservation Ordinance (VFPO) MOTION: Warren motioned approval and to be forwarded to BOCC, Seconded by Mandell. VOTE: Unanimously approved. c. Review of Fall activities. Stancil distributed a draft outline far the proposed "Natural and Cultural System Element" of the Orange Ceunty Comprehensive Plan. Members discussed the proposed revisions to the VFPO, the Hillsborough Farmers Market, and the agricultural priority areas, Ranells suggested the APB discuss at the September meeting issues and incentives that should be relayed to BOCC on legislative matters. Stancil Hated that the farmers market has been included as part of the courthouse complex--a large ongoing Justice Facilities expansion project-which has recently been awarded to Corley Redfoot & Zack to be addressed along with the River park project, Mandell requested that the APB discuss ways to raise money for farm preservation and make a recommendation to the BOGG, Marrow reviewed the PDR program ideas and Ranells noted the informational agenda materials reporting on the ideas for county farmland preservation programs and noted their funding mechanisms. He suggested the APB look at those and consider which ones wotald need legislative authority versus local governing board authority, Stancil noted he would share with the APB a report from ERCD intern on update of real estate tax. He reminded the board that there is a NC Farmland Preservation Trust Fund however it is without funding at this time, MOTION: Warren motioned to adjourn at 9:00, Seconded by Morrow. VOTE: Unanimously approved. Meeting adjourned at 9;00 p,m. DRAF7 August 18, 2004 Agriculwrat I'reservatioo Board Meeting Summary `~ AGRICULTURAL CONSERVATION AGREEMENT THIS AGRICULTURAL CONSERVATION AGREEMENT ("Agreement") is made this day of , by ("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 trait of local goverunent 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 pur°suant to the Orange Cotmty Volwrtary Farmland Preservation Program Ordinance on November 20, 1996; and WHEREAS, the Orange County Board of Connnissioners 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. l5 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 plaziting 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 az-e 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 defned 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, azrd Grantee shall not unreasonably interfere with Grantor's use and quite enjo}nnent 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 Grazrtee, tluough 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 govenmrental trait, 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 condenmation; and l~ (e) To have the Grantee take into account the existence and teens 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 die criteria necessary for certification as qualifying fannlaud 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 Cornmissioner members, directors, officers, employees, agents, and conhactors 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 comxected with: (1) Injury to or die 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- f7 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 Ue 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, Ivry 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: Name Address City, State ZIP To Grantee: Orange County c/o Domra Baker, Clerk to the Board of County Cormnissioners 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) Controlline 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) Separability. If any provision of this Agreement, or the application thereof to any person or circurnstance, is found to be invalid, the remainder of the provisions of 1~5 this Agreement, or the application of such provision to persons or ciroumstarrces other than those as to which it is found to be invalid, as the case maybe, 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 instnunent 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 urd year first above written. Attest: Bazry Jacobs, Chair Orange County Board of Commissioners Domra Baker, Clerk to the Orange County Board of Commissioners State of North Carolina GRANTOR: Name Name GRANTEE: BY: ORANGE COUNTY ~~ I, the undersigned, a Notazy Public in and for the said State and Cowzty, do hereby certify that 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 , 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 Dorma Baker personally appeared before me this day and aclaiowledged that she is Clerk to the Board of Commissioners of Orange County, and that by authority drily given and as the act of Orange County, the foregoing instrwment signed in its name by Barry Jacobs, Chair, 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 , Notary Public My Commission Expires: