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HomeMy WebLinkAboutAgenda - 09-07-1999 - 8c; VAD - Tate, HurleyORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ~_ ACTION AGENDA ITEM ABSTRACT Meeting Date: September 7, 1999 SUBJECT: Voluntary Agricultural District Designation - Property of Hurley T. Tate DEPARTMENT: Environment and Resource Conservation PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1) Application 2) Vicinity Map and Soils Information 3) Certification from MRCS 4) Certification from Tax Supervisor 5) Draft Conservation Agreement 6) ARAB Minutes, Meeting of 6-16-99 INFORMATION CONTACT: Dave Stancil, ERC Director TELEPHONE NUMBERS: - -ext. 2590 Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To consider the application of Hurley T. Tate 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 2 of eight (8) out often (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. 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 Water Conservation District Office and the Tax Supervisor have provided memoranda which indicate that the Tate property complies with the above requirements (see Attachments #3 and #4). In addition, the property specified in the Tate application is comprised of one tract totaling 81.4 acres. Thus, the acreage requirement of Section V.B.l.a. is satisfied, since the tract consists of at least 80 contiguous 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). At its June 16, 1999 meeting, the Agricultural Districts Advisory Board voted unanimously to approve the certification of the Hurley T. Tate property as qualifying farmland and recommend its designation as a voluntary agricultural district (see Attachment #6). Addition of the Tate property would bring the total acreage in the Voluntary Agricultural District program to 1,336 acres. FINANCIAL IMPACT: None. RECOMMENDATON(S): Administration Recommendation. The Administration recommends that the property of Hurley T. Tate be certified as qualifying farmland and designated as a voluntary agricultural district. ~- a ~-99 3 Orange County Agricultural Districts Advisory Board APPLICATION FOR CERTIFICATION AS QUALIFYING FARMLAND AND DESIGNATION AS AN ORANGE COUNTY VOLUNTARY AGRICULTURAL DISTRICT INSTRUCITONS: Before completing the application, please review the provisions of the Orange County Voluntary Farmland Preservation Program Ordinance, then fill out the form as accurately and completely as possible. Please sign and date the form, and return it to the Orange County Environment and Resource Conservation Department, 306F Revere Road, Hillsborough, NC 27278 APPLICANT: Name: ~`i.~tQ..¢~ _-,~.' ~ O.L. Address: $ [a ~~ ~o.ltry`ttS~Y~ City: 6~,~ty~x~- State: ~ C_ Zip Code: ~~ ~ yC ~ Phone Number (Day): 0.`i ' S b ~ ' S tk`"O ~ (Evening) .~-~.1vvu~. E-Mail• PROPERTY INFORMATION: Property Location/Address: ~ ~'~.3 Township:c~ Tax Map: ~ Block: 30 Lot: ~~ Pazcel Identification Number (PIN): ~$ ~8 ~~ ' $ c7 5 ~1 Number of Acres: g ~ • ~O b Deed Book: Page: Does this land have a plan on file with the Natural Resources Conservation Service or NC Forest Service? / Yes: +T No: If "No", please complete back of form Is this land listed for Present Use taxation with the Orange County Tax Office? Yes: / 1`Io: If " ida", please complete back of form OWNER[S] 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: rlo Orange County Environment and Resource Conservation Department 306F Revere Road Hillsborough, NG 27278 Hillsborough • 732-8181 Chapel Hill • 967-9251 Durham • 688-7331 Mebane • 227-2031 Hurle Tate y Voluntary Agricultural . District 4 Cedar Grove Tol;~nshi p ,~ ~a ~ ~ __ o ~` I ~- ~ a o \ r~ , ~ ~ \\ Grvt~ t ~ ~' \ I ,-- _ `~ ~~ '~ \ ` W ~ ~ { _.--.....__ \ \ ~~ ~ ~ ~ ~ W i ~~ ~~` ,~ ; , i 1 1~.~`i - ~' `' ~ \ ~ j\ ~ / J " i / ~ \ \ ~ i / ~ Parce~2 3Q 18 ' EnB i . . 81.4 a re~` N,~„o ~ ~-~'~ ~ ~ ~ _ ~~- _ - ~ _ _.~ ~ __.~ ,. - - - ; ; ' ~ ~ ~r '~\ ~ ~ ___ __ ,~' C 1 ~ ~ ~ 1 ~'~. i f / ~ , `~ \ , `~ ~ HhA f I i \~'f' I t ~/ / ~ ~ I p 0.2 0 0.2 0.4 Miles 0 Parcel Lines N ~_...._.._.-_J SOIIS .Text Soil Type W E Donald R. Belk Preservation Planner E i t nd S nv ronmen a Resource Conservation Department 5-14-99 Hurley Tate Voluntary Agricultural Districts Soil Types by Acreage Soil Tvpe S mbol Acreage Appling sandy loam 2-6% slope ApB 35.68 6-10% slope ApC 6.02 Enon loam 2-6% slope EnB 9.11 6-10% slope EnC 16.08 Georgeville silt loam 2-6% slope GeB 0.14 Helena sandy loam 2-8% slope HeB 7.77 Wedowee sandy loam 8-15% slope WmD 7.40 Wilkes gravelly loam 15-45% slope WxF 1.36 Total 83.56' 5 llitferences between soils acreage and parcel acreage due to discrepancies between GIS data and parcel deed information. S ®II., ~ `VATE It C O B S= R Y A T I O A Orange Soil & Water Natural Resources Conservation District Conservation Service Phone: 919-732-8181, Ext. 2750 Phone: 919-644-1079, Ext. 3 TO: Don Belk FROM: Brent Bogue District Conservationist USDA /MRCS SUBJECT: Voluntary Ag. District Certification DATE: May 28, 1999 USDA PO 13ox 8181 306 Revere Road Hillsborough, NC 27278 Enclosed is documentation of qualifications for Hurley Tate's acceptance into the Voluntary Agricultural Districts Program If you need any further information please contact me. .-~ Brent Bogue District Conservationist USDA MRCS . S ®IL & ~V~TE R i ~~~ A ._-- i°""""' C O H 8 S R V E T I O R 7 Orange Soil & Water Natural Resources PO Box 8181 Conservation District Conservation Service 306 Revere Road Phone: 919-732-8181, Ext. 2750 Phone: 919-644-1079, Ext. 3 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 NO Breakdown of soil classes in percent: Class I Classes I, II, III are primarily used for cropland Class II _52_ Class III _18_ Classes III-VI are generally best suited for pasture Class IV 28_ or woodland. Class.V Class VI Class VII 2_ Class VIII Class VIII generally unsuited for agricultural use. Comments: c. Be favorable for all major crops common to Orange County. Major crops are corn, tobacco, small grain, pasture, and loblolly pines. 100 % favorable % unfavorable d. Have favorable growing season. (YES) s 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. (YE5) Orange County receives approximately 42-45 inches of rainfall annually. This response will be consistent for all farms in Orange County. OR At least two-thirds of the land has been .actively used in agriculture, horticulture or forestry operations as defined in the NC General Statutes, Section 105-277.2 (1,2, and 3) during each of the five previous years, measured from the date on which the determination must be made as to whether the land in question qualifies. Acres in cropland _49.5_, Acres in forestland 25 Acres in homestead, farmstead or other related use _6.9 Total TRACT acres 81.4 Greater than two-thirds in designated uses. Yes X % 91 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: Caaa1P o/ o~ b~° 17 32 9 ~C3~A~ -~~~Y '~~ flF~'i~~ JOHN SMITH, Jr., C.~E 200 SOUTH CAMERON STREET GINGER ROLFE, CTC ASSESSOR ~ O_ BOX 8181. COLLECTOR HILLSBOROUGH,~OR'~'-I~~-G~O~dAi~ 37278 TELEPHONE 919) 732-8181, Est 2100 ,FAX 644-3091 June 14, 1999 Don Belk, AIGP Preservation~lanner Environment. and. Resource Conservation Department Hillsborough, N. C. 27278 Dear Mr. >~elk: I ain In response ~O y12uI' ..lnflutry on Hurley T_ T13te _havitlg r ~T erty in xhe ~ESent 11se value program. As of present. date Hurley T. and Louise R. Tate have an 81.406 acre parcel of land particip~.tixig in xhe PrESent-use -Program, -in accordance lvith zhe North Carolina. Heneral Statute 105.77.2 through 105.277..7. The last application filed indicates there are twenty acres in cro~land, eonGist'~ng of~nbacc~.and w]~eat. There .is also .apprnximately.sev~n~.,cres in .pastureland. The Tate's have been participating in the present-use value program since 1981. If I can be of further assistance, please call me at 732-8181 extension 2108. Sincerely, Teresa Mogre Present-Use ~lalue Program Director 10 AGRICULTURAL CONSERVATION AGREEMENT THIS AGRICULTURAL CONSERVATION AGREEMENT ("Agreement") is made this day of 199_, by Hurley T. Tate ("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. 11 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 12 (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. 13 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: Hurley T. Tate 8623 Harmony Church 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_La_w. 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. 14 (c) Se arability. 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: Hurley T. Tate GRANTEE: BY: 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 Hurley T. Tate 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 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 day of , 199_. Notary Public My Commission Expires: 16 "EXHIBIT A" The property certified as qualifying farmland and designated as a Voluntary Agricultural District is located in Cedar Grove Township, Orange County, North Carolina and is more particularly described as follows: (1) The property conveyed to Hurley T. Tate as represented at Cedar Grove Orange County property map 2, lot 18 (Property Identification Number 9828-60-8059). 17 MINUTES AGRICULTURAL DISTRICTS ADVISORY BOARD June 1b, 1999 PRESENT: Trudy Matheny (Chair), Chris Hogan, Whit Morrow, Bob Strayhorn, Louise Tate, Nancy Goodwin, Elizabeth Walters, Planner II Don Belk, Administrative Assistant Carol Crawford. Guests present: Dolly Hunter and Bob Nutter. ABSENT: Chris Hogan. ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA ITEM #3: APPROVAL OF MINUTES -May 19, 1999 Chair Matheny noted that in section 6-c, second paragraph, the word "in" be inserted before "...the proposed goals". Strayhorn requested that in section 6-a, eleventh paragraph the word "Planning" be removed. MOTION: .Strayhorn moved approval. Seconded by Goodwin. VOTE: Unanimous. ITEM#4: CHAIR COMMENTS: Chair Matheny expressed welcome. ITEM#5: ITEM FOR DECISION a. Voluntary Agricultural District -Hurley T. Tate. Recommendation to the BOCC to establish a Voluntary Agricultural District on the property of Hurley Tate over 81 contiguous acres in the Cedar Grove Township. Belk began the discussion explaining the recommendation to the BOCC is that a voluntary agricultural district be established on the property of Hurley T. Tate as described in the agenda packet; the qualifications were certified by the Soil and Water Conservation District Office, Orange County Tax Office and all requirements met. Upon approval by the ARAB this recommendation will be sent to the Lut upastedaerorme GRAFT 6116199 AOAB MINUTES 18 BOCC for the August 17~' meeting allowing the establishment of a new agricultural district in Cedar Grove Township. MOTION: Strayhorn moved approval of the recommendation, seconded by Goodwin. VOTE: Unanimous. ITEM #6: ITEMS FOR DISCUSSION a. Voluntary Agricultural District - H.M. Lloyd , Jr. Consideration of an application from H. M. Lloyd, Jr. to create a Voluntary Agricultural District on a 96 acre tract in the Chapel Hill Township. This application is pending agency review and will be returned to the ADAB for recommendation in August. Belk reviewed the events that Mitch Lloyd had requested an application to create a Voluntary Agricultural District on a 96-acre tract in Chapel Hill Township as described in the agenda packet. The application is awaiting agency review from Soil and Water Conservation District Office and the Orange County Tax Office. In August the ADAB will have opportunity to recommend the .application to the BOCC. The ADAB discussed a newspaper article distributed by Tate describing the David Newlin's 121 acre farm in Alamance County. The article states that the Newlins signed an agreement with the Piedmont Land Conservancy that forever protects his land from non-agricultural development via a type of deed restriction known as an agricultural easement, and prohibits the designated land from residential or commercial development. In return, farmers receive a federal tax deduction, a state tax credit and a reduction in estate and inheritance taxes. b. Voluntary Farmland Preservation Program Ordinance. At their June 1st meeting, the Board of Commissioners discussed the praposal to change the name of the ADAB to "Agricultural Preservation Commission ". Although the Board did not act on that specific proposal, they requested that the ADAB consider additional changes to the VFPPO. We will discuss the Commissioners' request. Belk led the discussion reporting that the BOCC requested the ADAB consider additional revisions to the ordinance such as broadening the representation of the board. The ADAB was established with seven [.auupaaiedoarouv9 DRAFT 8118199ADA8 MINUTES ~~F9~9~ 'MAIL T0: BEVERLY BLYTHE/ORANGE COUNTY COMMISSIONERS AGRICULTURAL CONSERVATION AGREEMENT ~i ~ . THIS AGRICULTURAL CONSERVATION AGREEMENT ("Agreement") is made this day of 199_, by Hurley T. Tate ("Grantor") and between Orange County, a North Carolina unit of local government ("Grantee"). WITNESSETH: ~8 Z$- 60- ga~`'~ WHEREAS, the Gran~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. FILED i 5 FEES 20C}Q, at 09: 47 : 39am Esc~ok. 2t74~, Page 301 -- 309 Joyce H. Pearson Register of Deecis~ Qrange County, RI. G. 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 tcrms 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 ~~~x~O~~ ~~~r ~i~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 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. 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: Hurley T. Tate 8623 Harmony Church 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. ~~'~ ~r~ (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 Obli ation. 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: ~~ i ~.. f Hurle T. Tate t GRANTEE: THE COUNTY OF ORANGE BY: ate. ~ Alice M. Gordon, Chair Orange County Board of Commissioners Attest: Beverly e, Cl rk to the Orange County Board of Commissioners --- - ~ ;~!c _. State of North Carolina ORANGE COUNTY I, the undersigned, a Notary Public in and for the said State and County, do hereby certify that Hurley T. Tate personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal this the ~.S day of r~~r,~~' 199 r~ . ~.~. ~, ~ ~ ~~. ~,, ~~,. J ,~ ,; ~~ ; ' ~ ~R~ ,~,~ ,: ` ~'v` r ''- ~ ,' E ~", .~` z ', ,a.'•Mv'C'_ntnt~scinn RYn1rPC' ~~t_°.a~ ~~ ~~~~ Notary Public ~~~ ~~~~ "EXHIBIT A" The property certified as qualifying farmland and designated as a Voluntary Agricultural District is located in Cedar Grove Township, Orange County, North Carolina and is more particularly described as follows: (1) The property conveyed to Hurley T. Tate as represented at Cedar Grove Orange County property mapz; lot 18 (Property Identification Number 9828-60-8059). 30 . ~ ~ ~ Hurley Tate ~~ ~~~~ Volunta A ricultural District rY g Cedar Grove To,;~nshi p ova ~ _ ~ c~ '~\....._~1 oaa o g'~ r~,~c r G _ __,., at'~ ~~ .._(_ ~ ~ j \ ,,,._ ~/ ` --__ W\ _ / ? \ i \ ~' ~ -_ \ ~ ( / EnB Parcels .3.18 ~ __ 81.4are~ \ ~ %~ N~mD \ / ~~ _.i'"'ti ~ ~. Y _.__.. ~ ~ GeB ~ ' ~l1 ~ / 1, / / ~ w ~ --- - xF /` 1,~~ j / / ~_ ~ / / ` , HhA ! ~i~ I I ~ ~ P 0.2 0 0.2 0.4 Miles [~ Parcel Lines N ~ So i Is ~ ._ .._._.._. __. Text Soil Type 'his Mq~ ~s NeT i4 CE~tTiF:EO S~.evrEyA~,o•y4:Nc'T'O~FI~I ,e~~,'zw~~ ,SY A LoGq-~ Gov~taw,,,,s,,,T AGrw//~)/ ~~ Co-+.IC;~y~,rcQ ~-d~'r'l~ R~,.iy AP/L%~QLt ~~4..~D ~~Vt[o/Mlff '~ IEsi~Gvc.1-r.o~tf', Donald R. Belk Preservation Planner E i a S nv ronment nd Resource Conservation Department 5-14-99