Sample "Agricultural Lands Preservation Easement Agreement" - Delaware

Agricultural Lands Preservation Easement Agreement is a legal document that was released by the Delaware Department of Agriculture - a government authority operating within Delaware.

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Download Sample "Agricultural Lands Preservation Easement Agreement" - Delaware

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Tax Map No(s):_______________________
Prepared By: Delaware Agricultural Lands
Preservation Foundation
2320 S. DuPont Highway
Dover, DE 19901
Return To: Parkowski, Guerke & Swayze, P.A.
116 W. Water Street
Dover, DE 19904
AGRICULTURAL LANDS PRESERVATION EASEMENT
STATE OF DELAWARE
AGRICULTURAL LANDS PRESERVATION PROGRAM
THIS PRESERVATION EASEMENT, made, granted, assigned and conveyed this _______
day
of
___________,
A.D.
20___,
by
______________________,
whose
address
is
___________________________________________, and who are hereinafter referred to as "Grantor",
and the DELAWARE AGRICULTURAL LANDS PRESERVATION FOUNDATION, a body
politic and corporate constituting a public instrumentality of the State of Delaware, and which is
hereinafter referred to as "Grantee" and/or "Foundation."
WHEREAS, Grantor is fee simple title holder of certain lands situated in ____________,
_____________County, Delaware, being of record in Deed Book ______, Page ____, at the Office of
the Recorder of Deeds, in and for ___________ County, Delaware, hereinafter referred to as the
"Parcel" and more particularly described in Exhibit "A" (annexed hereto); and as shown on a plot
entitled "Delaware Agricultural Lands Preservation Foundation – Lands of __________________" as
prepared by ____________, dated _____________ and recorded in the aforesaid Office of the Recorder
of Deeds in Plot Book _______, Page _______.
WHEREAS, the General Assembly of the State of Delaware has declared that the preservation
of the State's farmlands and forest lands is considered essential to maintaining agriculture as a viable
industry and as an important contributor to Delaware's economy; and
WHEREAS, the General Assembly of the State of Delaware has recognized that a need exists to
create sufficient economic incentives and benefits to encourage agricultural landowners to voluntarily
place viable agricultural lands under protective restrictions through the creation of and participation in
agricultural preservation districts and sale and/or donation of development rights;
WHEREAS, the Grantor desires to grant and convey to the Foundation an agricultural lands
preservation easement as provided in Chapter 9, Title 3 of the Delaware Code Annotated.
NOW,
THEREFORE,
the
Grantor,
for
and
in
consideration
of
the
sum
of
__________________($______________), the receipt and sufficiency of which are hereby
acknowledged, and in consideration of the benefits conferred under 3 Del.C. Ch. 9, hereby grants and
conveys to the Foundation, its successors and assigns, an agricultural lands preservation easement on
Tax Map No(s):_______________________
Prepared By: Delaware Agricultural Lands
Preservation Foundation
2320 S. DuPont Highway
Dover, DE 19901
Return To: Parkowski, Guerke & Swayze, P.A.
116 W. Water Street
Dover, DE 19904
AGRICULTURAL LANDS PRESERVATION EASEMENT
STATE OF DELAWARE
AGRICULTURAL LANDS PRESERVATION PROGRAM
THIS PRESERVATION EASEMENT, made, granted, assigned and conveyed this _______
day
of
___________,
A.D.
20___,
by
______________________,
whose
address
is
___________________________________________, and who are hereinafter referred to as "Grantor",
and the DELAWARE AGRICULTURAL LANDS PRESERVATION FOUNDATION, a body
politic and corporate constituting a public instrumentality of the State of Delaware, and which is
hereinafter referred to as "Grantee" and/or "Foundation."
WHEREAS, Grantor is fee simple title holder of certain lands situated in ____________,
_____________County, Delaware, being of record in Deed Book ______, Page ____, at the Office of
the Recorder of Deeds, in and for ___________ County, Delaware, hereinafter referred to as the
"Parcel" and more particularly described in Exhibit "A" (annexed hereto); and as shown on a plot
entitled "Delaware Agricultural Lands Preservation Foundation – Lands of __________________" as
prepared by ____________, dated _____________ and recorded in the aforesaid Office of the Recorder
of Deeds in Plot Book _______, Page _______.
WHEREAS, the General Assembly of the State of Delaware has declared that the preservation
of the State's farmlands and forest lands is considered essential to maintaining agriculture as a viable
industry and as an important contributor to Delaware's economy; and
WHEREAS, the General Assembly of the State of Delaware has recognized that a need exists to
create sufficient economic incentives and benefits to encourage agricultural landowners to voluntarily
place viable agricultural lands under protective restrictions through the creation of and participation in
agricultural preservation districts and sale and/or donation of development rights;
WHEREAS, the Grantor desires to grant and convey to the Foundation an agricultural lands
preservation easement as provided in Chapter 9, Title 3 of the Delaware Code Annotated.
NOW,
THEREFORE,
the
Grantor,
for
and
in
consideration
of
the
sum
of
__________________($______________), the receipt and sufficiency of which are hereby
acknowledged, and in consideration of the benefits conferred under 3 Del.C. Ch. 9, hereby grants and
conveys to the Foundation, its successors and assigns, an agricultural lands preservation easement on
and over the Parcel, and covenants and promises that the Parcel will be owned, used and conveyed
subject to, and not in violation of, the following restrictions:
1.
No rezoning or major subdivision of the real property shall be allowed.
2.
Activities conducted on the real property shall be limited to agricultural and related uses
as defined in 3 Del. C. Sections 902 and 909(a)(5). "Agricultural and related uses" does not include,
among other things, such activities as:
(a)
excavation, filling, borrow pits, extraction, processing and removal of sand,
gravel, loam, rock or other minerals, unless such activities are currently required by or ancillary to any
preparation for, or operation of any activities involving aquaculture, farm ponds, cranberry operations,
manure handling facilities, and other activities directly related to agricultural production on the Parcel;
(b)
acts, actions and neglect which are detrimental to drainage, flood control, water
conservation, erosion control or soil conservation;
(c)
acts, actions and neglect that negatively affect the continued agricultural use of
the land.
(d)
uses that are not directly and functionally related to the farming activities
conducted on the Parcel, except as otherwise provided for in 3 Del. C. Section 909(a)(5).
3.
The allowability of a general use, conditional use, special use or other use under any
zoning law or ordinance shall not have any effect on the restrictions imposed on the Parcel under this
easement.
4.
The Parcel consists of _____ acres, of which _____ acres are usable for agricultural and
related uses. Residential use of the Parcel shall therefore be limited to _____ (___) acres. With respect
to the acreage allowed for dwelling housing, there shall be a limit of three (3) dwelling houses for
residential use placed on the allowable acreage at the three (3) locations designated on the Plot as
"Residential Acreage". There are currently _____ dwelling houses located on the Property, and only
_____ additional dwelling houses shall be allowed.
5.
This easement shall be deemed a covenant which runs with and binds the Parcel
permanently and in perpetuity as set forth in 3 Del.C. §909(c), the terms and conditions of which shall
be subject to specific performance and other action allowed under 3 Del.C. §920, and shall be subject to
release only under 3 Del.C. §917.
This easement shall be binding upon the heirs, executors,
administrators, successors and assigns of the Grantor. This easement may be managed, administered
and enforced by the Grantee or the State of Delaware.
6.
The provisions of Title 3, Chapter 9 of the Delaware Code Annotated and duly adopted
regulations there under as such provisions relate to the Parcel shall govern this easement.
7.
Notwithstanding anything stated herein to the contrary, the rights afforded Grantee under
this Preservation Easement may only be assigned by Grantee to a “qualified organization” within the
meaning of Section 170(h) of the Internal Revenue Code or the comparable provision in any subsequent
revision of the Code and only with assurances that the purposes of this Preservation Easement, as
2
described herein, will be maintained in perpetuity by such Assignee. If any such Assignee shall be
dissolved or shall abandon this Preservation Easement or the rights and duties of enforcement herein set
forth, the Preservation Easement and the rights of enforcement shall revert to the Grantee, and if the
Grantee shall be dissolved and if the terms of the dissolution fail to provide a successor, then the State of
Delaware, or its successors or assigns, shall appoint an appropriate successor as Grantee, and any such
successor shall be a “qualified organization” within the meaning of Section 170(h) of the Internal
Revenue Code or the comparable provision in any subsequent revision of the Code. No assignment may
be made by the Grantee of its rights under this Preservation Easement unless the Grantee, as a condition
of such Assignment, requires the Assignee to carry out the conservation purposes of this Preservation
Easement, as described herein. Grantee agrees to hold this Preservation Easement exclusively for
conservation purposes as defined in Section 170(h)(4)(A) of the Internal Revenue Code.
8.
The Preservation Easement granted hereunder shall be perpetual. When a change in
conditions takes place which makes impossible or impractical any continued use of the property as farm
lands and/or forest lands, and the restrictions contained herein are extinguished by judicial proceedings
pursuant to the provisions of 3 Del. Section 917, any proceeds received by the Grantee or any Assignee
shall be used by the Grantee or the Assignee in a manner consistent with the conservation purposes
described in the Preservation Easement, to wit, the preservation of farm lands and forest lands of the
State of Delaware as more particularly described in Chapter 9, Title 3 of the Delaware Code Annotated.
SIGNATURE LINES APPEAR ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the said parties have hereunto set their hands and seal the day and
year first above written.
SIGNED AND DELIVERED
IN THE PRESENCE OF:
_____________________________
____________________________(SEAL)
_____________________________
_____________________________(SEAL)
STATE OF DELAWARE
)
) SS:
COUNTY OF KENT
)
BE IT REMEMBERED that on this _____ day of _____________, A.D. 20__, personally came
before me, the Subscriber, a Notary Public for the State and County aforesaid, _____, parties to this
Indenture, known to me personally to be such, and they acknowledged this Indenture to be their act and
deed.
GIVEN under my hand and seal of office the day and year aforesaid.
Notary Public Signature
Notary Name – Typed or Printed
My Commission Expires:
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