Sample "Agricultural Preservation District Agreement" - Delaware

This fillable "Agricultural Preservation District Agreement" is a document issued by the Delaware Department of Agriculture specifically for Delaware residents.

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Download Sample "Agricultural Preservation District 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, PA
116 W. Water Street, Dover, DE 19904
DELAWARE AGRICULTURAL LANDS PRESERVATION FOUNDATION
AGRICULTURAL PRESERVATION DISTRICT AGREEMENT
This Agricultural Preservation District Agreement, in the nature of a declaration of a Restriction
on the Use of Land for the purpose of preserving productive agricultural land, is made by and between
______________________, _____________________ heirs and assigns, (hereafter "GRANTOR"), of
the County of ____________, Delaware, and the DELAWARE AGRICULTURAL LANDS
PRESERVATION FOUNDATION, its successors, nominees or assigns, a body politic and corporate
constituting a public instrumentality of the State, created and organized under the laws of the State of
Delaware, with its offices at 2320 S. DuPont Highway, Dover, Delaware 19901 (hereinafter
"GRANTEE").
WHEREAS, GRANTOR is the owner in fee of lands (Property) subject to agricultural use as
shown on Exhibit "A" which Grantors desire to be included in an Agricultural Preservation District such
Property being located in __________ County, Delaware, more fully described in whole or in part in a
Deed recorded in the Office of the Recorder of Deeds in and for ______ County, Delaware in Deed
Book _____, Volume _____, Page ___.
Said lands known as _________ County Parcel No.
_______________. The Property consists of ____ acres on which ____ acres are devoted to dwelling
housing; and
WHEREAS, in consideration of those benefits conferred under 3 Del. C. §910 and §911
GRANTOR voluntarily enters into this agreement;
Tax Map No(s):______________________
Prepared By: Delaware Agricultural
Lands Preservation Foundation
2320 S. DuPont Highway, Dover, DE 19901
Return To: Parkowski, Guerke & Swayze, PA
116 W. Water Street, Dover, DE 19904
DELAWARE AGRICULTURAL LANDS PRESERVATION FOUNDATION
AGRICULTURAL PRESERVATION DISTRICT AGREEMENT
This Agricultural Preservation District Agreement, in the nature of a declaration of a Restriction
on the Use of Land for the purpose of preserving productive agricultural land, is made by and between
______________________, _____________________ heirs and assigns, (hereafter "GRANTOR"), of
the County of ____________, Delaware, and the DELAWARE AGRICULTURAL LANDS
PRESERVATION FOUNDATION, its successors, nominees or assigns, a body politic and corporate
constituting a public instrumentality of the State, created and organized under the laws of the State of
Delaware, with its offices at 2320 S. DuPont Highway, Dover, Delaware 19901 (hereinafter
"GRANTEE").
WHEREAS, GRANTOR is the owner in fee of lands (Property) subject to agricultural use as
shown on Exhibit "A" which Grantors desire to be included in an Agricultural Preservation District such
Property being located in __________ County, Delaware, more fully described in whole or in part in a
Deed recorded in the Office of the Recorder of Deeds in and for ______ County, Delaware in Deed
Book _____, Volume _____, Page ___.
Said lands known as _________ County Parcel No.
_______________. The Property consists of ____ acres on which ____ acres are devoted to dwelling
housing; and
WHEREAS, in consideration of those benefits conferred under 3 Del. C. §910 and §911
GRANTOR voluntarily enters into this agreement;
WHEREAS, public open space benefits result from the protection and conservation of farmland
including the protection of scenic areas for public visual enjoyment from public rights-of-way; that the
conservation and protection of agricultural lands as valued natural and ecological resources provide
needed open spaces for clean air as well as for aesthetic purposes; and that public benefit will result
from the conservation, protection, development and improvement of agricultural lands for the
production of food and other agricultural products; and
WHEREAS, GRANTEE has declared that the preservation of prime agricultural land is vital to
the public interest of the State, the region, and the nation through its economic, environmental, cultural
and productive benefits; and
WHEREAS, GRANTOR desires and intends that the agricultural and open space character of the
Property be preserved, protected, and maintained; and
WHEREAS, GRANTEE is entitled to enforce this Agricultural Preservation District Agreement
and to preserve and protect for ten years from the effective date of this Agreement, or any extension
period, the Property subject to the restrictions imposed under this Agreement;
NOW, THEREFORE, in consideration of the foregoing and as required by 3 Del.C. §908(a)(4),
the undersigned GRANTOR agrees to the following restrictions which shall apply to the Property of
GRANTOR as shown on Exhibit "A":
1.
No rezoning or major subdivision of the Property, or any portion thereof, shall be
allowed.
2.
Activities conducted on the Property shall be limited to agricultural and related uses.
3.
The dwelling housing allowed hereunder shall be limited to usage of no more than one
(1) acre of land for each twenty (20) acres of usable land on the Property, with a maximum of ten (10)
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acres of land being used for dwelling housing on the Property. The Property consists of ______ acres,
of which ______acres are usable for agricultural and related uses. There are currently ______ acres used
for dwelling housing on the Property, and only ______ additional acres for dwelling housing shall be
allowed. 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 three (3) locations to be
designated by the Owner on Exhibit A as "Residential Acreage", unless there exists three (3) or more
dwelling houses on the Property as of the date hereof, in which case the allowable acreage shall be
allocated to the existing dwelling houses and no additional dwelling houses shall be allowed. There are
currently _____ dwelling houses located on the Property as shown on Exhibit A-2, and only ______
additional dwelling houses shall be allowed.
4.
For purposes of this Agreement and term "agricultural and related uses" shall mean all
forms of farming, including agricultural, horticulture, aquaculture, silviculture, and activities devoted to
the production for sale of food and other products useful to man which are grown, raised or harvested on
lands and waters, and shall include the "related uses" identified in 3 Del. Code Section 909(a)(5). The
term "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.
(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 Property, except as otherwise provided for in 3 Del. C. Section 909(a)(5).
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5.
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 Property under this
Agreement.
6.
This Agreement shall become effective as of the date the necessary approvals have been
rendered and the Secretary of Agriculture has either failed to exercise or waived the right of rejection
allowed within the thirty (30) day period following Foundation action on the District Application. At
the time of recording of the Agreement the Foundation shall certify the date of creation of the District or
extension thereto, and such date shall serve as the effective date of this Agreement.
7.
This Agreement shall remain in effect for a minimum period of ten (10) years from the
effective date. Unless GRANTOR provides written notification to the Foundation of intent to
withdraw the Property from the District at least six (6) months prior to expiration date of this
Agreement or any extension thereto, this Agreement shall continue for additional five (5) year
periods.
8.
This Agreement shall be considered a covenant which runs with and binds the Property
and the terms and conditions shall be subject to specific performance, and other action allowed under 3
Del.C. §920. GRANTOR agrees to abide by the provision of 3 Del.C. Chapter 9 and the duly adopted
regulations thereunder as such provisions relate to the Property.
9.
By executing this Agreement the GRANTOR verifies that individually or collectively
GRANTOR holds a fee simple interest in the Property and is entitled to enter into this Agreement.
GRANTOR further verify that the information contained in the District Application is true and correct.
10.
The Agreement shall be binding on the heirs, successors and assigns of GRANTOR. In
the event of transfer of any interest in the Property during the term of this Agreement GRANTOR
shall provide advance written notification of this Agreement and the restrictions contained herein
to the party acquiring such interest and a copy of such written notification shall be provided to the
Foundation.
SIGNATURES TO APPEAR ON FOLLOWING PAGES
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IN WITNESS WHEREOF, the parties have set their hands and seals this
______________ day of
A.D. 20__.
WITNESS:
_____________________________
_______________________________(SEAL)
_____________________________
_______________________________(SEAL)
STATE OF ______________ )
) SS:
COUNTY OF __________
)
ON THIS, the _________ day of ___________________, 2015, before me, the undersigned
Notary Public for the State and County aforesaid, personally appeared ____________, known to me (or
satisfactorily proven) to be the person or persons whose names are subscribed to the within instrument
and acknowledged that ____________ executed the same for purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
____________________________________
Notary Public
____________________________________
NOTARY NAME - TYPED OR PRINTED
My Commission Expires: ________________
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