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HomeMy WebLinkAboutAgenda - 08-03-1992; VAD - Walters, CrutchfieldOR AN G 8 C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 3 1992 1 Agenda Abstract Item # =_ r- SUBJECT: VOLUNTARY AGRICULTURAL DISTRICT DESIGNATION - WALTERS FARM DEPARTMENT: Planning PUBLIC HEARING: Yes 8 No ATTACHMENT(S): INFORMATION CONTACT: Applications Planning Director X2592 VicinityMap ---------------------------------- Certifications PHONE NUMBERS: - Soil Conservation Service Hillsborough 732 -8181 - Tax Supervisor Mebane 227 -2031 Staff Checklist Durham 688 -7331 Agricultural Districts Chapel Hill 967 -9251 Advisory Board Draft 7/8/92 Minutes Proposed Conservation Agreement PURPOSE: To consider the application of Victor Carl Walters, Sr. and Lucille Walters, and Victor Carl Walters, Jr. and Elizabeth T. Walters for designation of their property on High Rock Road in Cedar Grove 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. 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 Walters' property complies with the above requirements. In addition, the property is comprised of three separate tracts, totaling 228.70 acres. Thus, the acreage requirement of Section V.B.1.b. is satisfied, since the farm consists of two or more contiguous tracts containing at least 155 acres. The property in question is located adjacent to property also in the ownership of Victor Carl Walters, Jr. and Elizabeth T. Walters. That property was designated as Orange County's first voluntary agricultural district (284.50 acres) by the Board of Commissioners on June 29, 1992. When combined with the current application, the total district will have an area of 513.20 acres. At its July 8, 1992 meeting, the Agricultural Districts Advisory Board voted unanimously to 3 approve the certification of the Walters farm as qualifying farmland and recommend its designation as a voluntary agricultural district. At the same meeting, the Advisory Board unanimously approved the form and content of a draft Conservation Agreement for -use by all designated districts. Section IV-D.1. of the Voluntary Farmland Preservation Program Ordinance authorizes the Agricultural Districts Advisory Board to review and approve the form of the conservation agreement. The Agreement had previously been reviewed by the County Attorney and the former Chair of the Advisory Board. RECOMMENDATION: The Administration recommends that the property of Victor Carl Walters, Sr. and Lucille Walters, and Victor Carl Walters, Jr. and Elizabeth T. Walters be designated as a voluntary agricultural district and that the Chair be authorized to sign the conservation agreement. Prior to the signing of the conservation agreement, it should be reviewed and approved by the County Attorney and the Land Records Manager to assure that the description of the property in Exhibit A is proper. 2 Orange County - Agricultural Districts Advisory Board APPLICATION FOR CERTIFICATION AS QUALIFYING FARMLAND AND DESIGNATION AS AN ORANGE COUNTY VOLUNTARY AGRICULTURAL DISTRICT INSTRUCTIONS: Before completing the application, please review the provisions of the orange County Voluntary Farmland preservation Program Ordinance, then fill out the form u accurately and completely as possible. Be sure to sign and date the form, and return it to the Orange County Planning & Inspections DepaRment, 306F Revere Road, Hillsborough. N.C. APPLICANT: Name: Victor Carl, Jr. & Elizabeth -T. Walt:'ers Address: 7119 HIGH ROCK RD, City: Efland State: NC ZIP Code: 27243 Phone Number: (Home) 563-3842 (Work) Same PROPERTY INFORMATION: Property Location/Address: N/ 0 High Rock Rd Township: 2 Tax Map: 42 Block: Lot: 5 Parcel Identification Number [PIN]: 9837 -03-2356 Number of Acres: 45. 33 Deed Book: 2 0 6 Page: 18 9 Does this land have a plan on file with the Soil Conservation Service or U.S. Forest Service? Yes: x No: If "no ", please complete back of form. Is this land listed for farm present use -value taxation with the Orange County Tax Office? Yes: x No: If "no", please complete back of form. OWNER[S] CERTIFICATION: I [We], the applicant[s], hereby certify that, to the best of my [our] ability, the foregoing application is complete and accurate. Signature:dL" L j.,, , v a, _. _ Date: .3 D /g 9,g Signature: [. LcJa z. Date: -1/ - 3o - / g T a Please direct inquiries to: Orange Soil & Water Conservation District Cooperative Extension Service Orange County Planning & Inspections Department Hinsbwo* 7e24181►Cmpd HM W7- Mt9aurhzm US -7W1• =7-2W1 zA1 Orange County, agricultural Districts Advisory Board APPLICATION FOR CERTIFICATION AS QUA LEnaNG FARMLAND AND DESIGNATION AS AN ORANGE COUNTY VOLUNTARY AGRICULTURAL DISTRICT INS'T'RUCTIONS: Before completing the application, ply review the provisions of the orange County Voluntary Farmland PrOwmation Program ordinance, then fill out the form as scc mudy and completely as possible. Be sure to sign and date the form, and rewrn it to the orange Courlry pkmling & InepeeWns Department, 306F Revere Raid, Hillsborough, N.C. n Q - IN 0"; 1' Name: / -� A �l 1 Address: S ^ _"" '2 C -Gf✓ ( �� �f C City: Stater ZIP Code: G Phone Number: (Home) (Work) PROPERTY INFORMATION: Property Location/Address: Township: �Tax Map: y a Block: Lot: A/15 Parcel Identification Number [PIN]: Number of Acres: Deed gook: _ % / page_ Does this land have a plan on file with the Soil Conservation Service or U.S. Forest Service? Yes: No: If "no", please complete back of form. Is this land listed for farm present use -value taxation with the Orange County Tax Office? Yes: No: If "no% please complete back of form. OWNER[S] CERTIFICATION: I [We], the applicant[s], hereby certify that, to the best of my [our] ability, the foregoing application is mplete and accurate. Signature: Date: Signature: Please direct inquiries to: Orange Soil & Water Conservation District Cooperative Em scion Service Orange Ccurrty Planning & Inspo=ons Departnma HHL*woo& 73241819Cbs* HM 967401 eDudma 6S&70310,1 . ms 727.21131 w 43 OD rc •� ± ^ � .wr •f� (• 1 Iwf ` p(re a ®>^ s � •i• .i- i,i t ' t I Fw • t ALE ..�•w. •� �. J fIM v r° . In r r +•nK r.r� .•® a ..arc• _ f ' I w , wr••r . I W •� �'•:. I I I I - _ ww '•. �r Fes• 5 �P6�1� -'� - , �� Syr .._ �. " '�` H_,,,_,1. —�vY" ,' : -G �,(::.z,,w •� 2 , Ir -JLr K y 1 1 ' � / •F Fn 444 11 /II w.w � • \, / r(..w -u(. Laww((fA.,.. •,•, "'• "fm'9 e±� 1 1� 1 \ � '.��� ..•. \ 11 S�I�. .. �1. �.. ly. -��I,r a•s � / . -F7,.; .�,tt /1.:'.' �.�, ._ �� . `•- �: .., �� � \.!�•� / •e�et e.(f•R.rOrF S•S:Si rRS•..rt- .,.... X41 , -�1f -'::- �' \•.� ��:� i,`(�•'•y I • »..,.., 9•:a - •uT IIErSIP \LC7 - II N; LM ..?( _ I: +' .ice .. � •....;•i..'a , +•F ••_ y..��: �....c •air -, r.�• � .... �:m r . I • _ _ k" ' ORAY'iGE-- •.CLRrt1TY °^; N.C" ��- s;:. :•r01 (F••T� w�'�rsr' v"ii��e }.;•yr `��%- .. ''�" e�— *xt�^L"�'w r-»• - -- �ti���i = -- •� � _ _ :yn: `�:a(y. •s:F ..e,e e:;�L`,,,,r,.(..(-•..: t i >.. .:L,VC1+JIr�iCUf YY-T . -....- • I • � �• • - _. - � •�-:• tt'�.+kY:: o" :.ray.' -lr`.� ° = 2_'.'rv'l. _ �+I �I..eF ei� .mited States Department of Agriculture !yl9yIIIIII soil P. 0. Box 8181 Conservation H it j i sborough, NC 27278 Service 73288181, Ext. 2751 June 30, 1992 TO: Marvin Collins, Planning Director FROM: Greg A. Walker., District Conservati,oni•st SUBJECT: Applications for Certifications as Qualifying Farmland for V. Carl Walters and Patsy Upton (Crutchfield Heirs) Enclosed are certif'rcat'ron requirements for the above tracts under the Voluntary Agricultural Districts Program. Enclosures O The soil Conservation Service Vis an agency of the Department of Agriculture o _ \ � ' V. Car] Walters 8 m This report serves to document how the Iroposed farm quaKfies for acceptance into the Vv|antary Agricu(tura| Districts in Orange County. l. Two-thirds of the a. Be suited for timber and oi es __—^IL no ______ Comments: ' soils on the farm must: providing food, seed, fiber, foreSe, seed crops. Z C, a__ ________ b. Have good soil qualities. yes no Breakdown of soil classes in percent: Class I Class II Class III C|ass IV Class V Claps VI ______ Class VIII .� Comments: C|asses`I, II, III are primarily used for cropland,, Classes III-VI are generally best suited for pasture or woodland. Class VIII generally unsuited for agricu|tura| use. c. Be favorable for all major crops common to Orange County. Major crops are corn, tobacco, small grain, pasture, loblolly pines. �w*___% favorab|e ______% unfavorab|e / E d. Have �avorab|e Sro�'nS season. P/E�) Tha 3row 200 d��s of Apri| October. farms in n3 season for It be8ins in and runs unti| This response ]ran3e County' � g Pa8e 2 ���_C�Li !"I t�_is �pproximate|\ ap�roximate|y the second wee� �bout the |ast week in w�|| be cunsistent for a/| e. Receive the avai|ab}e moisture needed to produce hi8h yie|ds for an averaSe of 8 to 10 year Oran8e CoL ty receives approxim�te|y 42 - 45 incries ra|nfal| a ua||y. This response wi/| be consistent for ai| f8, rms` in Oran8e County. OR At |east two- thirds of the |and has been ac ve/y used in a8ricu|ture, hor ti; icu u forestry operations as defined i n the NC Genera| Statutes, 3 ect1: on 105-2T7.2 (1,2, an6 3) durin3 each of the five previous yaars,`measured from the date on which the de±erm nation must be made as to whet,her the |and in questio: qua {ifies. Acres in crop|and Acres in formstiand Acres in homeste�d, farmstead ur other re|ated use T | TRACT Acres _2 8reater than two- thirds in designated uses. Yes mo Comments: ` 10 ' m Pa8e 3 �. Farm must be mana3ed, if hiShiy erud|b\e \and exists on the farm, in accordance with the USDA, Soi/ Conservation Service (8CS) defined erosion- contro| practices as spec|fied in the 1985 Food Security Act. P\an on f\{e in SCS Office If No p|an wi|| be required before accaptanc� |nto the Vo|untary Agricu|tura| D i s m. ~��-' _� �-�� Ald C r c/o) � �J) A~ it twv ��,^���»�»«�� ���f��� �»~ o�m�$���� ��n�w�^�^� ,I~L. � . _ � 0*4 '�� �l� .�" � ORANGE COUNTY TAX SUPERVISOR'S OFFICE 208 SOUTH CAMERON STREET HILLSBOROUGH, NORTH CAROLINA 27278 KERMIT LLOYD Tar Supfrnivor TO: Marvin Collins, Planning Director FROM: Kermit Llovd, Assessor;?� SUBJECT: Victor Carl Walters, Jr. and Elizabeth T. Walters Victor Carl Walters, Sr. and Lucille Walters Application for Certification as Qualifying Farmland T1lF RFF: 2.42..5, 2.42..1413 DATE: June 22, 1992 This is to verify that the above referenced property is qualified and currently active in the Land Use Value taxation program. -._ ...r.. _ -. Orange Count - y _ Agricultural. Districts Advisory Board STAFF CHECKLIST FOR VOLUNTARY AGRICULTURAL DISTRICT SELECTION 12 Date Application Received: 5 9 Z APPLICANT NAME: v L G ?a ig ce ml, VA b L S s 2 .�K� �•1�Ze►3�- -r� Wa��©z,5 PROPERTY INFORMATION: •Property Loeation/Addnw: 41t�t1 I!5�^k. Cx•odt� •Township: CEO&rz. GrkN t- Tax Map: 2 Block: •Parcel kle ttifiestion Number [PIN]: • Number of Acres: Zza .172) Deed Book: -- ZO i 13 reflect the,goals of the voluntary agricultural districts program. The Planning Staff recommends approval and use of the draft conservation agreement. (A copy of the agreement is an attachment to these minutes on pages ,) Collins reviewed the agreement noting that it reflects extensive study by Elizabeth and Carl Walters using their historical perspective. It includes revisions by the County Attorney. He noted that he felt it is a workable agreement in terms of dealing with the basics as required by the Agricultural Districts Farmland Preservation Ordinance. Collins continued that he is recommending approval of the draft agreement and its use in dealing with applicants whose properties are designated agricultural districts by the Board of Commissioners in the future. Hunter asked about the amendment process in Section 10 of the agreement and whether those amendments should be presented to the Board of Commissioners. Collins responded no. Hunter continued asking if the Board should be more specific about requiring a three - quarters vote to make amendments. Collins responded that this agreement should remain general. it should address only those things specified in enabling legislation and remain a fairly simple procedure. Any major amendments would, of course, be presented to the Agricultural Districts Advisory Board and Board of Commissioners. MOTION: Nutter moved approval of the Agricultural Conservation Agreement as presented. seconded by Hunter. VOTE: Unanimous. b. Qualifying Farmland- Certifications (1) Walters Property - Cedar Grove Township Presentation by Marvin Collins. This item is to consider the application of Victor Carl Walters, Sr. and Lucille Walters, and Victor Carl Walters, Jr. and Elizabeth T. Walters for certification of their property on High Rock Road in Cedar Grove Township as qualifying farmland. Collins indicated the location of the property on the vicinity map included in the agenda packet. 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 14 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 n 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 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 see 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 Offices and the Tax Supervisor have provided memoranda which indicate that the Walters' property complies with the requirements. In addition, the property is comprised of three separate tracts, totaling 228.70 acres. Thus, the acreage requirement of Section V.B.l.b is satisfied, since the farm consists of two or more contiguous tracts containing at least 155 acres. MOTION: VOTE: The property is located adjacent to property also in the ownership of Victor Carol Walters, Jr. and Elizabeth T. Walters. That property was designated as Orange County's first voluntary agricultural district (284.50 acres) by the Board of Commissioners on June 29, 1992. When combined with the current application, the total district will have an area of 513.20 acres. The Planning Staff recommends that the property of Victor Carl Walters, Sr. and Lucille Walters, and Victor Carl Walters, Jr. and Elizabeth T. Walters be certified as qualifying farmland and be recommended for designation as a voluntary agricultural district. (Due to personal conflict of interest, Walters did not participate in the discussion nor vote on this item.) Strayhorn moved approval as recommended by the Planning Staff. Seconded by Hogan. 5 in favor. 1 abstained (Walters - due to personal conflict of interest). (2) Crutchfield Heirs Property - Cheeks Township Presentation by Marvin Collins. This item is to consider the application of the Crutchfield Heirs (by Patsy Moore Upton) for certification of their property on Moorefields Road in Cheeks Township as qualifying farmland. Collins indicated the location of the property on the vicinity map included in the agenda packet. He noted that Ms. Upton was the only heir living in the area but, that, she does have authorization from all the heirs to participate in the voluntary district program. 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 n the farm present use -value taxation program established by the N.C. General 15 16 I AGRICULTURAL CONSERVATION AGREEMENT THIS AGRICULTURAL CONSERVATION AGREEMENT ("Agreement ") is made this day of , 199_r by Victor Carl Walters, Sr. and Lucille Walters, husband and wife, and by Victor Carl Walters, Jr. and Elizabeth T. Walters, 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 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, 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 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 July 8, 1992; 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 August 3, 1992; 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 of 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 17 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. 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 M9 :3 (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 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 to compensation in accordance with applicable law. 9. Costs and Liabilities. Grantors retain all responsibilities and shall 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 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. 19 10. Amendment. If circumstances arise under which an amendment to or modification of this Agreement would be appropriate, Grantors and 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: Victor Carl Walters, Sr. Lucille Walters 7501 High Rock Road Efland, North Carolina 27243 Victor Carl Walters, Jr. and Elizabeth T. Walters 7119 High Rock Road Efland, North Carolina 27243 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. We H (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 Grantors 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 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 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. GRANTORS: (SEAL) Victor Carl Walters, Sr. (SEAL) Lucille Walters (SEAL) Victor Carl Walters, Jr. (SEAL) Elizabeth T. Walters GRANTEE: BY: Moses Carey, Chair Orange County Board of Commissioners Attest: Beverly Blythe, Clerk to the Orange County Board of Commissioners i State of North Carolina ORANGE COUNTY If the undersigned, a Notary Public in and for the said State and County, do hereby certify that Victor Carl Walters, Jr. and Elizabeth T. Walters 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 21 If 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 f 19 My Commission Expires: Notary Public 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 3,,1992 Agenda Abstract Item # ZI -G SUBJECT: VOLUNTARY AGRICULTURAL DISTRICT DESIGNATION - CRUTCHFIELD PROPERTY DEPARTMENT: Planning PUBLIC HEARING: Yes S 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 Agricultural Districts Chapel Hill 967 -9251 Advisory Board Draft 7/$/92 Minutes Proposed Conservation Agreement PURPOSE: To consider the application of the Crutchfield Heirs (by Patsy Moore Upton) for designation of their property on Moorefields Road in Cheeks 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. K 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 Crutchfield property complies with the above requirements. in addition, the property is comprised of one tract, totaling 684 acres. Thus, the acreage requirement of Section V.B.1.a. is satisfied, since the farm consists of one tract containing at least 155 acres. At its July 8, 1992 meeting, the Agricultural Districts Advisory Board voted unanimously to approve the certification of the Crutchfield property as qualifying farmland and recommend its designation as a voluntary agricultural district. At the same meeting, the Advisory Board unanimously approved the form and content of a draft Conservation Agreement for use by all designated districts. Section IV.D.1. of the Voluntary Farmland Preservation Program Ordinance authorizes the Agricultural Districts Advisory Board to review and approve the form of the conservation agreement. 3 The Agreement had previously been reviewed by the County Attorney and the former Chair of the Advisory Board. RECOMMENDATION: The Administration recommends that the property of Crutchfield Heirs be designated as a voluntary agricultural district and that the Chair be authorized to sign the conservation agreement. Prior to the signing of the conservation agreement, it should be reviewed and approved by the County Attorney and the Land Records Manager to assure that the property owners and /or representatives, and the description of the property in Exhibit A are proper. min 1� ll� 1 OOV4 S911 71 t ok ----------------- I ---------------- I. Ln Rl -7 O Ln sl rl- L() 5. Orange County Agricultural Districts Advisory Board APPLICATION FOR CERTIFICATION AS QUALIFYING FARMLAND AND DESIGNATION AS AN ORANGE COUNTY VOLUNTARY AGRICULTURAL DISTRICT INmucnONS: Before completing the application, Pleam review the pmvissons of the Orange County voluntary Farmland Preservation Prngraln OniinAnce, then fill Out the form as aoea M* sad completely as Possible. Be sure to sign and date the form, and return it to the Change Carroty Planning & Inspections Department, 306F Revere Road; Hillsborough, N.C. M-1 -9*140zilf. Name: Address: City: State: ZIP Code: a zZ Phone Number: (Home) (Work) PROPERTY INFORMATION: . Prop24� =fion�=ss: jJ Township: C If S:: 5 Tax Map: S / Block. Lot: / Parcel Identification Number [PIN]: 8 Number of Acres: Deed Book: .5 ;Z Y- Page: 154 9 Does this land have a plan on file with the Soil Conservation Service or U.S. Forest Service? Yes: X No: If "no ", please complete back of form. Is this land listed for farm present use -value taxation with the Orange Countv Tax Office? Yes: No: If "no ", please complete back of form. . OWNER[S] CERTIFICATION: I [We], the applicant[s], hereby certify that, to the best of my [our] ability, the foregoing application is complete and accurate. Signatur�e:.,� Date- Signature: 6 4 Date: Please direct inquiries to: Orange Soil & Water Conservation District Cooperative Extension Service Orange County Planning & Inspections Departtnert HAsbo,uugh 732 181@Cba* tm967401•Dur6m 6er-7031al -It .227 -2091 6 i 1 W, United States e j Department of Agriculture MEMO soil Conservation Service P. 0. Box 8181 Hi ' i i sborough,, NC 27278 732 -8181, Ext. 2751 June 30, 1992 TO: Marvin Collins, Planning Director FROM: Greg A. Walker, District Conservationist `SUBJECT: Applications for Certifications as Qualifying Farmland for V. Carl Walters and Patsy Upton (Crutchfield Heirs) Enclosed are certification requirements for the above tracts under the Voluntary Agricultural Districts Program. Enclosures OThe Soil Conservation Service is an agency of the Department of Agriculture e ■ 7 eatmy Upton (Crutchfield Tract) This report serves to document how the Vroposed farm qualifies for acceptance into the Voluntary Agricultural Districts in OranSe 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 no _______ %________ Comments: b. Have good soil qualities. � yes � ��___ no Breakdown of soil classes in percent: Class I C|assas`I, II, III are Class II _���~_ primarily used for cropland,, class III Class IV _A __ Classes III-VI are generally Class V ______ best su:ted for pasture or Class VI _���� woodiand. Class VIII______ Class ViZI 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, loblolly pines. 102__% favorable ______% unfavorable Pa8a 2 d. Havo favorab(a growing season. (-YES) The Srow|n8 season for ���_C�L! "I t _is appr ateiy 200 d�ys. It be3ins in approximate\y the saco�d week of Apri1 and runs unt| bout the |ast week �n October. This be consistent for ai| farms in OranSe County. e. Receive t�e avai|ab|e moisture needed to ca hi3n E.' ;w for an averagm 0 8 to 10 years. Oran3e County receives approximate| 45 inches rainfa|| annua\|y n e W e c nsistent for z, || farms in Oran8e County' OR At !east two- thirds of tha iand has bmen- active|y used in agricu\ture, hort|cu|tura! or forestry opera�ions as dmfined in t C 8enera/ Statutes, sect ion 105-277.2 durin8 each of the five previous years, measured from the da�e on which the de- termination must be`made as to w h e er the |and in question qua||fies A cres Acres n forest\and Acres in homestead, farmstead ur other re|ated use Total TRACT Acres Greater than twu- thirds in desiBnated uses. Yes No Comments: ~rA I Jw, 06 ltt ________ % _____ _� 1 -�.*m�m� �9&m� s ��� fv^,�r'y~�� "�w~' � m 11 a Page 2. sit rr, rn u s t 'Zi e in a ri -,,L -j e d , j p g L c I a j L S i, S C, Fi t I CL, 11 ri ac co rd an c 0 w I ti I t r. C- Us DA S;--; i 1 C.,: el-va, i clrt e I S - v i c e S CE-33 ) g: i e f i ri e d e r .:, s :I U1- 1 ---1:1 ri it r ---*, i a c t i CC'S ci S S �- e L I f P 1 d I t 1 n S C: S i-1 f f i c c 1`x...5 If N,J, plar, will be I-- e C1 u i r- ed b c- f ore a c c & p t a n c F-a i r, to t h V o I u n t a r y A S r i CJ 1 -11-1 u; a I D i s t i-- i c: t s PI- -,.[ 3 r a rn . 4- 6— a c J v 1, oh. 4z,+kwp- w. Pdj y e//AA/ A1OAVtAA o" 400'e, .s o 117 A430 If Nc- 6,J � Le 10 ORANGE COUNTY TAX SUPERVISOR'S OFFICE ` - 208 SOUTH CANIERON STREET HILLSBOROUGH. NORTH CAROLINA 27278 KE:RNIFF LLOYD T(a sut)Pnivor TO: Marvin Collins, Planning Director FROM: Kermit Lloyd, Assessor SUBJECT: Crutchfield Heirs: By Patsy Moore Upton Application for Certification as Qualifying Farmland MAP REF: 3.51..1 DATE: June 22, 1992 This is to verify that the above referenced property is qualified and currently active in the Land Use Value taxation program. Orango ounty� Agricultural Districts Advisory Board STAFF CIIFCE LIS'r FOR VOLUNTARY AGRICULTURAL DISTRICT SELECTION Date Application Received: eo l 4 Z. APPLICANT NAME: Ct2�onz -- neL.t:) WL =jtaa , r3-,f PaT5Y t.A=zr tavTCr4 PROPERTY INFORMATION: *Property L.ocatiOWAddress: W*Sr sm")c oC "CCrMt=tr=w5, Rc)Lt7 *Township: C-U�EV-5 _ Tax 51 Block: "" Lot: � •Parcel Idertification Number RINI: *Number of Aera: & Deed Book: 42,4 Page: CERTIFICATION CRITERIA REVIEW: *Meets acreage requin� of: [ll One farm con Wning at least 155 contiguous acres; OR j Yes: Y, No: Initials; [2I Two or more contiguous faire containing at least 155 acres. Yes: No: Initial s• Dace: *Pliftw4 sting in farm prom t user value taxation program. Yes: No: Initials: MEL— Date: 6 ?Z` q Z *Certified by Soil Conservation Service as to land suitability. Yes: X No: Initial s• miX� Date: -;o 2 *Managed in accordance with SCS defined erosion control practices. Yes: No • Initials: l r L-_ Data: In 3 0 e? 2— CERTIFICATIONMESIGNATION ACTION: Date *Application raviawod for completeness. (o /7 q- -7, Application forwarded to - Tax Supervisor's Office. ! 7 Z - Soil Conservation Service. 4117LZ *Evaluatkm received from - Tax Supervisor's Office. 19/2S/5-2-- - Soil Conservation Service. ax] *Application presented to Agriculturd Advisory Board. 7f 61,04 Z Lll Ong farmland =tificatkn approved. Yes: t/ No: Reaso : 5 Z [2l Reeommaidatiar for district designation approved. Yea No• i� -•— 7 B i Z Reason: * APPIicatkn Presented to Board of Commissiarers. [ 1I Agricultural district dcaipation approved. Yes: No: Reason: [2I Conservation agreement formlcontaut approved. Yea: No: Reason: *Conservation agreement signedfrecorded. OAgricultural district identified in Land Records System. *Agricultural district identified on Tax Map. *Agricultural district sign[sl posted. MOTION: VOTE: 12 The property is located adjacent to property also in the ownership of Victor Carol Walters, Jr. and Elizabeth T. Walters. That property was designated as Orange County's first voluntary agricultural district (284.50 acres) by the Board of Commissioners on June 29, 1992. When combined with the current application, the total district will have an area of 513.20 acres. The Planning Staff recommends that the property of Victor Carl Walters, Sr. and Lucille Walters, and Victor Carl Walters, Jr. and Elizabeth T. Walters be certified as qualifying farmland and be recommended for designation as a voluntary agricultural district. (Due to personal conflict of interest, Walters did not participate in the discussion nor vote on this item.) Strayhorn moved approval as recommended by the Planning Staff. Seconded by Hogan. 5 in favor. 1 abstained (Walters - due to personal conflict of interest). (2) Crutchfield Heirs Property - Cheeks Township Presentation by Marvin Collins. This item is to consider the application of the Crutchfield Heirs (by Patsy Moore Upton) for certification of their property on Moorefields Road in Cheeks Township as qualifying farmland. Collins indicated the location of the property on the vicinity map included in the agenda packet. He noted that Ms. Upton was the only heir living in the area but, that, she does have authorization from all the heirs to participate in the voluntary district program. 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 Pre; ordinance contains the requirements for voluntary agricultural district. To be qualifying farmland, a farm must: 1. Be participating n the farm present taxation program established by the ;ervation Program inclusion -in a certified as use -value N.C. General 13 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 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 see 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 Crutchfield property complies with the requirements. In addition, the property is comprised of one tract, totaling 684 acres. Thus, the acreage requirement of Section V.B.l.a. is satisfied, since the farm consists of one tract containing at least 155 acres. The Planning Staff recommends Crutchfield Heirs be certified be recommended for designation district. that the property of as qualifying farmland and as a voluntary agricultural Strayhorn asked about open land. Collins responded that the property is primarily a tree farm. He noted that the enabling legislation applies to forest land as well as farmland referring to the definition of agriculture in the General Statutes. Walker noted that there are 10 1/2 acres in beans and corn that has an FSA plan. Strayhorn asked what the advantages would be for a tree MOTION: VOTE: 14 farm to have an agricultural district designation. Collins responded that he felt the Crutchfield Heirs are more interested in the waiver of sewer assessments and insuring long term use of the property for tree farm purposes. This is part of the site of the proposed Seven Mile Creek Reservoir and borders lands owned by orange County which was purchased in the 1970's with the intent of providing a reservoir. Discussion followed regarding the kinds of trees and Walker responded mostly hardwoods. It was also noted by Collins that the property would not be protected from condemnation for a reservoir. But, if the property was condemned for a reservoir, there would have to be a public hearing and the owners would have to be paid a fair market price for the property. Strayhorn moved approval as recommended by the Planning Staff. Seconded by Nutter. Unanimous. Collins stated that these recommendations will be presented to the Board of Commissioners on August 3, 1992. c. Minimum Farm Size - Voluntary Agricultural Districts Presentation by Marvin Collins. This item is to consider changing the minimum farm size required for participation in the voluntary agricultural districts program. The abstract and relevant materials are included as an attachment to these minutes on pages The Planning Staff recommends that Section V.C.I.a and b. be amended to reduce the minimum required acreage from 155 to 80 acres. The change would recognize the role that smaller farms play in the agricultural economy, and, by permitting two or more contiguous farms to join together, allow farms as small as 40 acres to participate. If the Advisory Board recommends the change for public hearing, it can be included on the August 25, 1992 agenda. An important point to remember is that under the current standard or any revision thereof, all applications must be processed and, if eligible, certified as qualifying farmland by the Advisory Board. The applicant(s) would not be eligible for designation as an agricultural district, however, unless the threshold standards were met. 15 AGRICULTURAL CONSERVATION AGREWMNT THIS AGRICULTURAL CONSERVATION AGREEMENT (_ "Agreement ") is made this day of , 199, by Patsy Moore Upton, part owner and representative of the James Edmond Crutchfield heirs, ( "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 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, 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 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 July 8, 1992; 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 August 3, 1992; 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 of the Property for a period not to exceed ten (10) years from the date of this Agreement. 1. Pur ose. 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 01.1 Y 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. 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 without.interest, until improvements on the connected to the water and /or sewer systems including the right to decide when it is nee such improvements to the water and /or sewer Grantee; in abeyance, Property are of the Grantee; -.essary to connect systems.of the (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 17 (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 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 to compensation in accordance with applicable law. 9. Costs and Liabilities. Grantors retain all responsibilities and shall 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 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. 18 r 10. Amendment. if circumstances arise under which an amendment to or modification of this Agreement would be appropriate, Grantors and 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: The James Edmond Crutchfield Heirs c/o Patsy Moore Upton 215 North Cameron Street Hillsborough, North Carolina 27278 To Grantee: Orange County c/o Beverly Blythe, Clerk to the Hoard 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) SeRarability. 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 i 19 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 Grantors 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 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 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. GRANTORS: BY: (SEAL) Patsy Moore Upton Part Owner and Representative The James Edmund Crutchfield Heirs GRANTEE: BY: Moses Carey, Chair Orange County Board of Commissioners Attest: Beverly Blythe, Clerk to the Orange County Board of Commissioners State of North Carolina ORANGE COUNTY I, the undersigned, a Notary Public in and for the said State and County, do hereby certify that Patsy Moore Upton 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 20 t 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: