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HomeMy WebLinkAboutAgenda - 05-18-1999 - 8g; VAD - Strayhorn, RobertORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: May 18, 1999 SUBJECT: Voluntary Agricultural District Designation - Property of Robert E. Strayhorn DEPARTMENT: Environment and Resource Conservation PUBLIC HEARING: (Y/N) ON ATTACHMENT(S): INFORMATION CONTACT: 1) Application 2) Vicinity Maps 3) Certification from NRCS 4) Certification from Tax Supervisor 5) Draft Conservation Agreement(s) 6) ADAB Minutes, Meeting of 4 -21 -99 Donald R. Belk, Planner II/Land Use & Preservation TELEPHONE NUMBERS: - - ext. 2594 Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 227 -2031 PURPOSE: To consider the application of Robert E. Strayhom for certification as qualifying farmland and designation 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. 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 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; 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 Natural Resources Conservation Service defined erosion - control practices as specified in the 1985 Food Security Act. The Orange Soil and Soil and Water Conservation District Office and the Tax Supervisor have provided memoranda which indicate that the Strayhorn property complies with the above requirements (see Attachments #3 and #4). In addition, the property specified in the Strayhom application is comprised of three tracts totaling 555 acres. Thus, the acreage requirement of Section V.B.I.a. is satisfied, since each tract consists of at least 80 contiguous acres. Mr. Strayhorn requested that his property be established into three (3) distinct Districts. One district, located within the Little River Township, totals 234 acres. Another district would be established in the Eno Township (196 acres), and a third district would be established in the Chapel Hill Township (125 acres). To be designated as a Voluntary Agricultural District, the property owner must sign a conservation agreement, as provided in Article 4 of Chapter 121 of the N.C. 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 #5). For the Strayhorn property, separate agreements will be executed for the three (3) Agricultural Districts as described above. At its April 21, 1999 meeting, the Agricultural Districts Advisory Board voted unanimously to approve the certification of the Robert E. Strayhorn property as qualifying farmland and recommend its designation as a voluntary agricultural district (see Attachment #6). FINANCIAL EWPACT: None. RECOMMENDATON(S): Administration Recommendation. The Administration recommends that the property of Robert E. Strayhorn be certified as qualifying farmland and designated as a voluntary agricultural district. 3 -17 -F7 3 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 rill 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, 306F Revere Road, Hillsborough, NC 27278 APPLICANT: Name: Robert E. Strayhorn Address: 2103 New Hope Church Road City: Chanel Hill State: NC Zip Code: 27514 Phone Number (Day): 967 -1467 (Evening) PROPERTY INFORMATION: (1) New Hope Church Road Property Location/Address: (2) Mincev Road. Walker Road (1) Chapel Hill Township: (2) Little River, Eno Map/Block/Lot: (1) 3..21: (2) 25..17.25..19 (LR). 8..1 (E) Parcel Identification Number (PIN): (1) 125 (1) 224 (1) 662 Number of Acres: (2) 234 (LR): 196 (E) Deed Book: (2) 1074 Page: (2) 568 Does this land have a plan on file with the Natural Resources Conservation Service or NC Forest Service? Yes: X No: If "No ", please complete back of form Is this land listed for Present Use taxation with the Orange County Tax Office? Yes: X No: If "No", please complete back of form OWNERS] CERTIFICATION: I [We], the applicant(s], hereby certify that, to the best of my [our] knowledge, the foregoing application is complete and accurate. Signature: Date: Please direct inquiries to: clo Orange County Environment and Resource Conservation Department 306F Revere Road Hillsborough, NC 17278 Hillsborough • 732 -8181 Chapel Hill • 967 -9251 Durham • 688 -7331 Mebane • 227 -2031 v Strayhorn Voluntary Agricultural District 0, Soil Type C6 5.61 acres EnB 24`71 acres TMBL 73..21 r`�N 4' : Environment and Remmwee EnC 10.27 acres GeB 20.68 acres . . w CoeeerraCm Department GeC 25.12 acres 1 rB 15.54 act Beth young HrC 22.55 acres TaD 7.08 acres Scde 1 Lech - 840 Feet Strayhorn Voluntary Agricultural District T T 7 • Soil Type a C6 1 acres EnB 335 acres GeB 8054 acres GeC 38.23 acres HrB 26.03 acres TMBL 3J-1 HrC 21.13 acres IrB 7.18 acres I Scale 1 Inch =1,250 Feet Or 9.67 acres 1 TaD 9.69 acres r• Environment and Resource Conservation Department Beth Young 5 -10-99 5 -1.4 DLW%l 1p..7w AL' LZ 24.f.4A7 am I 1 qIT,79:r 61" wk- [1 x I LL���Qi �IIQ S11.if1'WAHM n" VR aim ! 1A AA 0 SOIL & WATER C O M s i A V A 2 Z O x Orange Sol & Water Conservation District Phone: 919- 732 -8181, Fwd. 2750 Natural Resources Conservation Service Phone: 919-644 -1079, F,d. 3 TO: Don Belk FROM: Brent Bogue District Conservationist USDA NRCS SUBJECT: Voluntary Ag. District Certification DATE: April 21, 1999 USDA PO Box 8181 308 Revere Road Hillsborough, NC 27278 Enclosed is documentation of qualifications for Robert Strayhorn acceptance in to the Voluntary Agricultural Districts program If you need any further information please contact me. Brent Bogue District Conservationist USDA NRCS SOIL & WATER C o x s x x v A r I o x Orange Sod & Water Conservation District Phone: 919- 732 -8181, Ext. 2750 Natural Resources Conservation Service Phone: 919 - 644 -1079, Ext. 3 USDA 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 % 100 NO Comments: b. Have good soil qualities. YES X Breakdown of soil classes in percent: Comments: Class I Classes I, H, III are primarily used for cropland Class II 50% Class III 43% Classes III -VI are generally best suited for pasture Class IV 4% or woodland. Class V Class VI Class VII 3% Class VIII Class VIII generally unsuited for agricultural use. c. Be favorable for all major crops common to Orange County. Major crops are corn, tobacco, small 9 grain, pasture, and loblolly pines. 100 % favorable % unfavorable d. Have favorable growing season. (YES) The growing season for Orange County is approximately 200 days. It begins in approximately the second week of April and runs until 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 annually. This response will be consistent for all farms in Orange County. •' 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 210.9 Acres in forestland 348.8 Acres in homestead, farmstead or other related use 18 Total TRACT acres 578 Greater than two - thirds in designated uses. Yes X % 97 No % Comments: 1. Farm must be managed, if highly erodible land exists on the farm, 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 NRCS Office YES X NO If NO, plan will be required before acceptance into the Voluntary Agricultural Districts Program. Comments: t ••ur •r a V i2 ORANGE COUNTY TAX OFFICE JOHN SNffrF , Jr., CAE 200 SOUTH CAMERON STREET ASSESSOR P.O. BOX 8181 HILLSBOROUGH, NORTH CAROLINA 27278 TELEPHONE (919) 7324181, Fat. 2100, FAX 6443091 April 20, 1999 Don Belk Orange County Planning Department Hillsborough, N. C. 27278 Dear Mr. Belk: 10 GINGER ROLFE, CTC COLLECTOR I am in response to your inquiry on Robert E. Strayhorn having property in the present -use value program. As of the present date Robert E. and Helen Strayhorn have three parcels that are participating in the present -use program in accordance with the North Carolina. General Statute 105 -277.2 through 105.277.7. The tax map numbers and acres they involve are as follows: Tax Map No. Acres 1.25..17 208.44 5.8.3 195.55 7.1.21 125.1 As of February 2, 1999 Mr. and Mrs. Strayhorn purchased a 26.28 -acre tract that has also been participating in the present -use value program. It will be January 2000 before this tract can be taxed in their name. If further assistance is needed, please call me at 732 -8181 extension 2108. Sincerely, Teresa Moore Present -Use Value Program Director 4 DRAFT 11 AGRICULTURAL CONSERVATION AGREEMENT THIS AGRICULTURAL CONSERVATION AGREEMENT ( "Agreement ") is made this day of 199_, by Robert E. Strayhorn ( "Grantor ") and between Orange County, a North Carolina unit of local government ( "Grantee "). WITNESSETH: WHEREAS, the Grantor is the sole owner in fee simple of certain real property in Orange County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated by this reference (the "Property "); and WHEREAS, the Property possesses conservation values of great importance to the Grantors, the people of Orange County, and the people of the State of North Carolina; and WHEREAS, Grantor intends that the conservation values of the Property be preserved and maintained by the continuation of land use patterns, including, without limitation, those related to agriculture use existing at the time of this Agreement, that do not significantly impair or interfere with those values; and WHEREAS, Grantee is a North Carolina unit of local government seeking to preserve and protect land in its agricultural condition pursuant to the laws of the State of North Carolina, and, in particular, by the Farmland Preservation Enabling Act (Chapter 106, Article 61) and by the Historic Preservation and Conservation Agreements Act (Chapter 121, Article 4) of the North Carolina General Statutes, and pursuant to the Orange County Voluntary Farmland Preservation Program Ordinance; and WHEREAS, the Orange County Agricultural Districts Advisory Board (`Board ") certified the Property as qualifying farmland pursuant to the Orange County Voluntary Farmland Preservation Program Ordinance on 1999; 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 ; 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. 12 1. Purpose. It is the purpose of this Agreement to assure that the Property will be retained in agricultural use and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property. For the purposes of this Agreement, "agricultural use" is defined as cultivation of soil for production of crops, including but not limited to fruits, vegetables, flowers, and ornamental plants, the planting and production of trees and timber, and the raising of livestock, for individual and public use, consumption, and marketing. Grantor intends that this Agreement will confine the use of the Property to such activities as are consistent with the purpose of this Agreement. 2. Rights of Grantee. To accomplish the purpose of this Agreement, the following rights are conveyed to Grantee by this Agreement: (a) As provided in and subject to the limitations contained in this Agreement, Grantor shall preserve and protect the conservation values of the Property by limiting its use to agricultural use as defined in this Agreement; and (b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with the terms of this Agreement; provided, however, that such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. 3. Rights of Grantor. Grantor reserves to himself, and to his personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purposes of this Agreement. In addition to the foregoing and to accomplish the purpose of this Agreement, the following rights are conveyed to Grantor: (a) To have a sign identifying the existence of the District erected on each major public road providing access to the Property; (b) To have water and/or sewer assessments held in abeyance, without interest, until improvements on the Property are connected to the water and/or sewer systems of the Grantee; including the right to decide when it is necessary to connect such improvements to the water and/or sewer systems of the Grantee; (c) To have the Grantee, through its Land Records System, provide a notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one -half mile of the Property; (d) Upon notice to the Board that a State or local public agency or governmental unit, including the Grantee, will formally initiate action to condemn any interest in the Property, the Board or its authorized representative shall hold a public hearing on the proposed condemnation; and 0 13 (e) To have the Grantee take into account the existence and terms of this Agreement, and the provisions of N.C. General Statute 153A -340 in land use planning decisions and ordinances affecting the Property as well as parcels of land adjacent thereto. 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this Agreement is prohibited; provided, however, from and after the date of this Agreement, the creation of no more than three (3) lots that meet applicable zoning and/or subdivision regulations is permitted. 5. Access. No right of access by the general public to any portion of the Property is conveyed by this Agreement. 6. Grantee's Remedies. If Grantee determines that Grantor no longer meets the criteria necessary for certification as qualifying farmland and designation as a District, Grantee shall be given written notice to Grantors of such non - compliance. Grantor may take corrective action sufficient to bring the Property into compliance or may seek to extinguish the terms of this Agreement pursuant to paragraph 7. 7. Revocation. By written notice to the Grantee, the Grantor may revoke this Agreement as provided for by Section VI of the Orange County Voluntary Farmland Preservation Program Ordinance and by N.C. General Statute 106 -737.1 (Farmland Preservation Enabling Act). A record of the revocation shall be recorded in the Orange County Register of Deeds and shall result in loss of eligibility to participate in a voluntary agricultural district and the benefits thereof. 8. Condemnation. If the Property is taken, in whole or in part, by exercise of the power of eminent domain, Grantor shall be entitled to compensation in accordance with applicable law. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property. Grantor shall hold harmless Grantee and its Board of Commissioner members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively, "Indemnified Parties') from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) The obligations specified in paragraph 9; and (3) The existence or administration of this Agreement. 14 10. Amendment. If circumstances arise under which an amendment to or modification of this agreement would be appropriate, Grantor and Grantee are free to jointly amend this Agreement. Any such amendment shall be recorded in the Orange County Register of Deeds. 11. Transfers. Grantor agrees to give written notice to Grantee of the transfer of any interest at least ten (10) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Agreement. 12. Notices. Any notice, request or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: Robert E. Strayhorn 2103 New Hope Church Road Chapel Hill, North Carolina 27514 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. i (c) Separability. If any provision of this Agreement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. (d) No forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (e) Joint Obligation. The obligations imposed by this Agreement upon Grantor shall be joint and several. The burdens of this Agricultural Conservation Agreement shall run with the Property and shall be enforceable against the Grantor and all future parties who have an interest in the Property for the term of the Agreement. TO HAVE TO HOLD unto Grantee, its successors, and assigns, this Agricultural Conservation Agreement together with all and singular the appurtenances and privileges belonging or in any way pertaining thereto. IN WITNESS WHEREOF Grantor has set his hand and seal and Grantee has caused this instrument to be executed in its corporate name by its duly authorized officers and its seal affixed by authority of its Board of Commissioners, all on the day and year first above written. GRANTOR: Robert E. Strayhorn GRANTEE: M Alice M. Gordon, Chair Orange County Board of Commissioners Attest: Beverly Blythe, Clerk to the Orange County Board of Commissioners 15 State of North Carolina ORANGE COUNTY I, the undersigned, a Notary Public in and for the said State and County, do hereby certify that Robert E. Strayhorn 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 , 199_. Notary Public My Commission Expires: State of North Carolina ORANGE COUNTY I, the undersigned, a Notary Public in and for the said State and County, do hereby certify that Beverly A. Blythe personally appeared before me this day and acknowledged that she is Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument signed in its name by William L. Crowther, Chairman, Orange County Board of Commissioners, sealed with its official seal, and attested by herself as its Clerk WITNESS my hand and notarial seal this the day of , 199_ Notary Public My Commission Expires: 16 17 "EXHIBIT A" The property certified as qualifying farmland and designated as a Voluntary Agricultural District is located in Chapel Hill Township, Orange County, North Carolina and is more particularly described as follows: (1) The property conveyed to Robert E. Strayhorn as represented at Chapel Hill Orange County property map 3, lot 21 (Property Identification Number 9872 -95- 5304). "EXHIBIT B" The property certified as qualifying farmland and designated as a Voluntary Agricultural District is located in Eno Township, Orange County, North Carolina and is more particularly described as follows: (1) The property conveyed to Robert E. Strayhorn as represented at Eno Orange County property map 8, lot 1 (Property Identification Number 9886 -17- 8080). "EXHIBIT C" The property certified as qualifying farmland and designated as a Voluntary Agricultural District is located in Little River Township, Orange County, North Carolina and is more particularly described as follows: (1) The property conveyed to Robert E. Strayhorn as represented at Little River Orange County property map 25, lots 17 and 19 (Property Identification Number 9886 -19 -5391 and 9887 -00- 7077). 18 MINUTES AGRICULTURAL DISTRICTS ADVISORY BOARD APRIL 21, 1999 PRESENT: Trudy Matheny (Chair), Nancy Goodwin, Bob Strayhorn, Elizabeth Walters, Planner II Don Belk, Administrative Assistant Joanna Bradshaw. ABSENT: Chris Hogan, Whit Morrow, Louise Tate - all excused. ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA None. ITEM #3: APPROVAL OF MINUTES - March 17, 1999 MOTION: Walters moved approval. Seconded by Strayhorn. VOTE: Unanimous. ITEM #4: CHAIR COMMENTS Chair expressed appreciation to Dolly Hunter and Bob Nutter for the time served on the Agricultural Districts Advisory Board. She also appreciated their continued interest and willingness to participate and assist the board in any way. ITEM #5: ITEM FOR DECISION a. Voluntary Agricultural District - Robert E. Strayhorn - Consideration of an application from Robert E. Strayhorn to create a Voluntary Agricultural District over 125 contiguous acres in the Chapel Hill Township and 430 contiguous acres in the Little River and Eno Townships. Belk presented the application and supporting documents for the request for participation in the Voluntary Agricultural Districts program. Strayhorn asked that there be three districts. One for the Little River Township, (234 acres), Eno Township (196 acres), and Chapel Hill Township (125 acres) for a total of 555 acres. MOTION: Goodwin moved approval of the application to create three Voluntary Agricultural Districts for the Strayhorn properties. Seconded by Walters. VOTE: Unanimous. Board members expressed their appreciation for the generosity of Mr. Strayhorn. 19 2 ITEM 46: ITEMS FOR DISCUSSION a. Building a New Consensus for Farmland Preservation Last month, the ADAB discussed an initiative to build community support anew for farmland preservation. This proposal has been considered by the Board of Commissioners as they develop their goals for the 1999 -2000 fiscal year. This month, we will receive the draft Rural Character Preservation goal, which incorporates the ADAB's farmland preservation proposals. Belk reviewed the Goals and Objectives relating to Farmland Preservation. The two related objectives are: To promote the Voluntary Agricultural Districts Program, and , To build a new consensus for farmland preservation. The goals with the tasks/milestones included are on pages 16 and 17 of the agenda materials and are included on pages of these minutes. After Belk's presentation, the Board discussed the definition and issue of stakeholders. Using a flipchart, Belk divided the stakeholders into categories and sub - groups for further discussion. A copy of that discussion, provided by Belk, is an attachment to these minutes on pages ,S - /Y 97 A101 i IC smK1936 F, 411 AGRICULTURAL CONSERVATION AGREEMENT THIS AGRICULTURAL CONSERVATION AGREEMENT ( "Agreement ") is made this day of , 199_, by Robert E. Strayhorn ( "Grantor ") and between Orange County, a North Carolina unit of local government ( "Grantee "). WITNF„$SETH: C�g a- C�E S 3 WHEREAS, the Grantor is the sole owner in fee simple of certain real property in Orange County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated by this reference (the "Property "); and WHEREAS, the Property possesses conservation values of great importance to the Grantors, the people of Orange County, and the people of the State of North Carolina; and WHEREAS, Grantor intends that the conservation values of the Property be preserved and maintained by the continuation of land use patterns, including, without limitation, those related to agriculture use existing at the time of this Agreement, that do not significantly impair or interfere with those values; and WHEREAS, Grantee is a North Carolina unit of local government seeking to preserve and protect land in its agricultural condition pursuant to the laws of the State of North Carolina, and, in particular, by the Farmland Preservation Enabling Act (Chapter 106, Article 61) and by the Historic Preservation and Conservation Agreements Act (Chapter 121, Article 4) of the North Carolina General Statutes, and pursuant to the Orange County Voluntary Farmland Preservation Program Ordinance; and WHEREAS, the Orange County Agricultural Districts Advisory Board ( "Board ") certified the Property as qualifying farmland pursuant to the Orange County Voluntary Farmland Preservation Program Ordinance on 1999; 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 ; 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. roowr�aHL +IAGE JOYCE H. PEARSON RECISTER OF DEEDS ORANGE COUNTY, N.C. BOON 1936 P;a 412 1. P 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 conservation values of the Property. For the purposes of this Agreement, "agricultural use" is defined as cultivation of soil for production of crops, including but not limited to fruits, vegetables, flowers, and ornamental plants, the planting and production of trees and timber, and the raising of livestock, for individual and public use, consumption, and marketing. Grantor intends that this Agreement will confine the use of the Property to such activities as are consistent with the purpose of this Agreement. 2. Rights of Grantee. To accomplish the purpose of this Agreement, the following rights are conveyed to Grantee by this Agreement: (a) As provided in and subject to the limitations contained in this Agreement, Grantor shall preserve and protect the conservation values of the Property by limiting its use to agricultural use as defined in this Agreement; and (b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with the terms of this Agreement; provided, however, that such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. 3. Rights of Grantor. Grantor reserves to himself, and to his personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purposes of this Agreement. In addition to the foregoing and to accomplish the purpose of this Agreement, the following rights are conveyed to Grantor: (a) To have a sign identifying the existence of the District erected on each major public road providing access to the Property; (b) To have water and/or sewer assessments held in abeyance, without interest, until improvements on the Property are connected to the water and/or sewer systems of the Grantee; including the right to decide when it is necessary to connect such improvements to the water and/or sewer systems of the Grantee; (c) To have the Grantee, through its Land Records System, provide a notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one -half mile of the Property; (d) Upon notice to the Board that a State or local public agency or governmental unit, including the Grantee, will formally initiate action to condemn any interest in the Property, the Board or its authorized representative shall hold a public hearing on the proposed condemnation; and BaoK x.936 p4a f13 (e) To have the Grantee take into account the existence and terms of this Agreement, and the provisions of N.C. General Statute 153A -340 in land use planning decisions and ordinances affecting the Property as well as parcels of land adjacent thereto. 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this Agreement is prohibited; provided, however, from and after the date of this Agreement, the creation of no more than three (3) lots that meet applicable zoning and/or subdivision regulations is permitted. 5. Access. No right of access by the general public to any portion of the Property is conveyed by this Agreement. 6. Grantee's Remedies. If Grantee determines that Grantor no longer meets the criteria necessary for certification as qualifying farmland and designation as a District, Grantee shall be given written notice to Grantors of such non - compliance. Grantor may take corrective action sufficient to bring the Property into compliance or may seek to extinguish the terms of this Agreement pursuant to paragraph 7. 7. Revocation. By written notice to the Grantee, the Grantor may revoke this Agreement as provided for by Section VI of the Orange County Voluntary Farmland Preservation Program Ordinance and by N.C. General Statute 106 -737.1 (Farmland Preservation Enabling Act). A record of the revocation shall be recorded in the Orange County Register of Deeds and shall result in loss of eligibility to participate in a voluntary agricultural district and the benefits thereof. 8. Condemnation. If the Property is taken, in whole or in part, by exercise of the power of eminent domain, Grantor shall be entitled to compensation in accordance with applicable law. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property. Grantor shall hold harmless Grantee and its Board of Commissioner members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively, "Indemnified Parties ") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) The obligations specified in paragraph 9; and (3) The existence or administration of this Agreement. BOOK 1936 pm 414 10. Amendment. If circumstances arise under which an amendment to or modification of this agreement would be appropriate, Grantor and Grantee are free to jointly amend this Agreement. Any such amendment shall be recorded in the Orange County Register of Deeds. 11. Transfers. Grantor agrees to give written notice to Grantee of the transfer of any interest at least ten (10) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Agreement. 12. Notices. Any notice, request or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: Robert E. Strayhorn 2103 New Hope Church Road Chapel Hill, North Carolina 27514 To Grantee: Orange County c/o Beverly Blythe, Clerk to the Board of County Commissioners P.O. BOX 8181 Hillsborough, North Carolina 27278 or to such other address as either party from time to time shall designate by written notice to the other. 13. Recordation. Grantee shall record this instrument in timely fashion in the Orange County Register of Deeds and may re- record it at any time as may be required to preserve its rights in this Agreement. 14. General Provisions. (a) Controlling Law. The interpretation and performance of this Agreement shall be governed by the laws of the State of North Carolina and, in particular, by the Farmland Preservation Enabling Act (Chapter 106, Article 61) and by the Historic Preservation and Conservation Agreements Act (Chapter 121, Article 4) of the North Carolina General Statutes, and by the Orange County Voluntary Farmland Preservation Program Ordinance. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Agreement shall be liberally construed in favor of the grant to effect the purpose of this Agreement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. BOOK 1936 m415 (c) Separability. If any provision of this Agreement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. (d) No forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (e) Joint Obligation. The obligations imposed by this Agreement upon Grantor shall be joint and several. The burdens of this Agricultural Conservation Agreement shall run with the Property and shall be enforceable against the Grantor and all future parties who have an interest in the Property for the term of the Agreement. TO HAVE TO HOLD unto Grantee, its successors, and assigns, this Agricultural Conservation Agreement together with all and singular the appurtenances and privileges belonging or in any way pertaining thereto. IN WITNESS WHEREOF Grantor has set his hand and seal and Grantee has caused this instrument to be executed in its corporate name by its duly authorized officers and its seal affixed by authority of its Board of Commissioners, all on the day and year first above written. J -1 GRANTOR: Robert GRANTEE: BY: Alice M. Gordon, Chair Orange County Board of Commissioners `Beverly ffl the, Clefk to the ige County'Board. of Commissioners Boa 1336 a 416 State of North Carolina ORANGE COUNTY I, the undersigned, a Notary Public in and for the said State and County, do hereby certify that Robert E. Strayhorn personally appeared before me this day and acknowledged the due execution of the foregoing instrument. my hand and notarial seal this the jeday of , 199Y. My Commission Expires: o?ODZ State of North Carolina ORANGE COUNTY No ub 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 Alice M. Gordon, 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 JRj day of y un.p-- , 199?. t'a-t� e�' - 6,1' Notary Public i to My Commission Expires: t'a-t� e�' - 6,1' Notary Public 8004936 x417 "EXHIBIT A" The property certified as qualifying farmland and designated as a Voluntary Agricultural District is located in Chapel Hill Township, Orange County, North Carolina and is more particularly described as follows: (1) The property conveyed to Robert E. Strayhorn as represented at Chapel Hill Orange County property map 3, lot 21 (Property Identification Number 9872 -95- 5304).