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HomeMy WebLinkAboutPlanning - Multiple Property OwnersACEPERCO (2009) (________________________ COUNTY) AGREEMENT FOR THE SALE AND PURCHASE OF AN AGRICULTURAL CONSERVATION EASEMENT IN PERPETUITY THIS AGREEMENT, made this ___________day of ___________________, by and among ______________________________________________________________ (“Grantor(s)”) and the County of _________________ Pennsylvania (“County”) acting through its County Agricultural Land Preservation Board, ______________ PA (“County”) (“County” and “County Board” being hereafter collectively referred to as “Grantees”) is an Agreement for the Sale and Purchase of an Agricultural Conservation Easement pursuant to the Agricultural Area Security Law, P.L. 128, No. 43, June 30, 1981, as amended (hereinafter “the Act”): WITNESSETH WHEREAS; Grantor(s) is/are the sole owner(s) of all that certain land situate in ___________________________________Township, _____________________County, Pennsylvania consisting of _________ acres of land together with the buildings and improvements erected thereon and more particularly described in Exhibit “A” hereto (“the subject land”); and WHEREAS; Grantor(s) intend(s) to convey an agricultural conservation easement in the subject land to the Grantees pursuant to the Act, as above designated (3 P.S. Section 901-915) as amended; and WHEREAS; the County has adopted a program for purchasing agricultural conservation easements which program has been certified by the State Board pursuant to the Act; and WHEREAS; the County, acting through the County Board, has recommended purchase of an agricultural conservation easement in the subject land subject to the terms and conditions of the Act and Regulations promulgated thereunder; and WHEREAS; the County Board is authorized under the Act to execute agreements for the purchase of agricultural conservation easements and to purchase agricultural conservation easements in the name of the county solely from County matching funds as described in Section 138.e103(d); and WHEREAS; the County Board has recommended payment of the purchase price of an agricultural conservation easement in the subject land from County matching funds; and WHEREAS; the Grantees wish to provide for the enforcement of an agricultural conservation easement in the subject land. NOW THEREFORE; in consideration of the mutual covenants herein contained, and other good and valuable consideration, the parties agree as follows: ARTICLE I 1. Upon acceptance and execution as set forth in Article XI, this Agreement shall constitute an Agreement for the Sale and Purchase of an Agricultural Conservation Easement between the Grantor(s) and the Grantees. 2. The provisions of the Agricultural Area Security Law, P.L. 128, No. 43, June 30, 1981 (P.S. Sections 910-915) as amended and the provisions of the Regulations adopted at 7 Pa. Code Ch. 138e are incorporated herein by reference and made a part thereof. ARTICLE II 1. Grantor(s) agree(s) to sell and convey to the Grantees their successors and assigns, and Grantees agree to purchase from Grantor(s) an interest in the subject land consisting of an agricultural conservation easement as defined in the Act and this Agreement (hereinafter “agricultural conservation easement”). 2. The parties agree that the purchase price of $ ________________________ for the agricultural conservation easement to be purchased pursuant to this Agreement shall be paid at the time of the closing as set forth in Article VII. The County shall pay the full amount as County matching funds as described in Ch. 138d.103(d). ARTICLE III Grantor understands that Grantees will be submitting to the Commonwealth and to the State Board an accounting of the within transaction, including County matching funds expended and a request of payment of Grantees’ unreimbursed costs. Grantor agrees to cooperate with Grantees in the prompt submission of all such documentation and information as may be required by the Commonwealth and the State Board. ARTICLE IV Grantor(s) represent(s), warrant(s) to, and covenant(s) with the Grantees that: 1. Grantor(s) are adult individuals having the full power, capacity and authority to enter into this Agreement. 2 2. Grantor(s) have been advised and encouraged to have legal counsel review this Agreement on their behalf prior to signing it. 3. Grantor(s) have read this Agreement and understand its contents and that it restricts the use of the subject land to agricultural production and, knowing this, voluntarily enter into this Agreement. 4. The information and statements set forth in the Application Form, Locational Map, Soils Report and Crop Report furnished by the Grantor(s) to the County Board pursuant to 7 Pa. Code Section 138e.61 is true and correct and that all facts necessary to prevent the information and statements from being misleading have been disclosed. 5. Grantor(s) acknowledges that any violation of the terms of this Agreement or the Deed of Agricultural Conservation Easement, when delivered, shall entitle Grantees, their successors, assigns or designees to obtain an injunction against such violation from a court of competent jurisdiction along with an order requiring Grantor(s), his heirs, executors, administrators, successors or assigns to restore the subject land to the conditions it was in prior to the violations, and recover any costs or damages incurred, including reasonable attorney’s fees. Such relief may be sought jointly, severally, or serially. ARTICLE V The County Board represents, warrants to, and covenants with the Grantor(s) and the State Board that: 1. The County Board has been duly established by the County and is validly existing under the laws of the Commonwealth of Pennsylvania. 2. The County Board has adopted rules and regulations for the administration of a countywide program for the purchase of agricultural conservation easements within agricultural security areas. 3. The County Board is in compliance with the Constitution and laws of the Commonwealth, including the Act and the Regulations issued pursuant to the Act and has full power and authority to consummate all transactions, execute all documents, including this Agreement, and perform all acts contemplated in this Agreement in the name of the County. 4. The County Board has reviewed the information and statements set forth by the Grantor(s) in the Application Form, Locational Maps, Soils Report, and Crop Report furnished to the County Board by the Grantor(s) pursuant to 7 Pa. Code Section 138e.61 and has found that the subject land is in an agricultural security area and qualifies for the purchase of an agricultural conservation easement under the Act and Regulations. 3 ARTICLE VI 1. Grantor(s) shall not develop or use the subject land for any purpose other than agricultural production. 2. Grantees or their designees or either of them jointly or severally, shall have the right to prevent the development or use of the subject land for any purpose other than agricultural production. 3. Agricultural production consists of, and is limited to, the production for commercial purposes of crops, livestock and livestock products, including the processing or retail marketing of the crops, livestock or livestock products if more than 50% of the processed or merchandised products are produced on the subject land. Crops, equine, livestock and livestock products include, but are not limited to: (a) Field crops, including corn, wheat, oats, rye, barley, soybeans, speltz, buckwheat, hay, potatoes and dry beans; (b) Fruits, including apples, peaches, grapes, cherries, pears and berries; (c) Vegetables, including tomatoes, pumpkins, snap beans, cabbage, carrots, beets, onions, sweet corn and mushrooms; (d) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) Livestock and livestock products, cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs, and furs; (f) Timber, wood and wood products derived from trees; and (g) Aquatic plants and animals and their by-products. (h) Commercial equine activity including boarding of equine, training of equine, instruction of people in handling, driving or riding equines, use of equines for riding or driving purposes, pasturing equines all of where a fee is collected. THE TERM DOES NOT INCLUDE ACTIVITY LICENSED UNDER THE ACT OF DECEMBER 17, 1981 (P.L. 435, NO. 135), KNOWN AS THE “RACE HORSE INDUSTRY REFORM ACT.” 4. This agricultural conservation easement shall not prevent the actions permitted under Section 14.1(c)(6)(i)-(v) of the Act. 5. This agricultural conservation easement shall be perpetual in duration. 6. Grantees' exercise or failure to exercise any right conferred by the agricultural conservation easement shall not be deemed to be management or control of activities on the subject land for purposes of enforcement of the Act of October 18, 1988, (P.L. 756, No. 108), known as the Hazardous Sites Cleanup Act. 4 7. Grantor(s), his heir executors, administrators, successors or assigns agree to hold harmless, indemnify and defend Grantees, their successors or assigns from and against all liabilities and expenses arising from or in any way connected with all claims, damages, losses, costs or expenses including reasonable attorney’s fees, resulting from a violation or alleged violation of any State or Federal environmental statute or regulation, including but not limited to, statutes or regulations concerning the storage or disposal of hazardous or toxic chemicals or materials. The obligation imposed by this paragraph shall not merge with the Deed of Agricultural Conservation Easement, but shall survive the closing. ARTICLE VII 1. The closing of the sale and purchase set forth in this Agreement shall occur on a date to be established by the parties which date shall be no more than 120 days from the date of complete execution of this Agreement by the County. Closing shall be held at ______________________________ or in another location in _________________County, Pennsylvania, as agreed among the parties in writing. 2. At closing, Grantor(s) shall deliver to Grantees a fully executed Deed of Agricultural Conservation Easement in the form attached as Exhibit “C” hereto. Grantor(s) further agrees to execute and deliver to Grantees any other documents necessary to record such Deed of Agricultural Conservation Easement. The County Board shall record the Deed of Agricultural Easement immediately following closing. ARTICLE VIII 1.At the time of the closing set forth in Article VII of this Agreement, the agricultural conservation easement shall be free and clear of all liens, mortgages, options, rights of other in surface mineable coal, land use restrictions, and other encumbrances, except as set forth below: None 2.Grantee(s) obligation to purchase the agricultural conservation easement set forth in this Agreement is condition upon Grantor(s) being able to convey the agricultural conservation easement free and clear of all encumbrances, except as set forth in this Article VIII. Should Grantor(s) be unable to convey the agricultural conservation easement as set forth in this Agreement, Grantees may, at Grantee’s sole option and discretion, terminate this Agreement or extend the time for closing by a period of up to thirty days. Should Grantor(s) be unable to convey the agricultural conservation easement as set forth in this Agreement at the expiration of such thirty day extension, this Agreement shall terminate and Grantees shall have no further obligation to proceed to closing. 5 3. At closing, the County Board shall provide a title insurance policy naming the Grantees as the insured and issued by a Title Insurance Company that is authorized to issue title insurance in the Commonwealth of Pennsylvania. Such title insurance policy shall fully insure Grantees’ interest in the subject land. All exceptions to such title insurance policy, except as noted in paragraph 1, shall be removed prior to closing. The cost of such title insurance policy should be considered a state reimbursable cost incident to the purchase of the agricultural conservation easement set forth in this Agreement. ARTICLE IX The information and statements set forth in the Application Form, Locational Map, Soils Report, and Crop Report, furnished by the Grantor(s) to the County Board pursuant to 7 Pa. Section 138e.61, and the Summary Report, Title, Report, and Proposed Legal Description furnished to the County Board pursuant to 7 Pa. Code Section 138e.91 are incorporated in and made a part of this Agreement by reference thereto. Should any of the information set forth in the documents referenced in this Article IX be other than as represented in such documents, the Board may, at its sole option and discretion, terminate this Agreement, waive such nonconformity, or extend the time for the closing of the sale and purchase set forth in this Agreement for thirty days. A waiver of nonconformity pursuant to this Article IX must be in writing and signed by an authorized official of the County Board. Should the Board choose to extend the time for the closing of the sale and purchase pursuant to this Article IX, the Board shall provide Grantor(s) with a written statement of the nonconformity which must be corrected prior to closing. Should Grantor(s) fail to correct such nonconformity within such thirty-day period, the Grantees’ obligation to purchase the agricultural conservation easement set forth in this Agreement shall terminate. ARTICLE X 1. All taxes imposed upon this sale and purchase of an agricultural conservation easement or the recording of the Deed of Agricultural Conservation Easement by any taxing authority shall be paid by the Grantor(s) at the time of closing. 2. All fees levied for the recording of the Deed of Agricultural Conservation Easement shall be paid by the County at the time of the closing as a reimbursable cost. The obligations imposed on the respective parties by this Article X shall not merge with the Deed of Agricultural Conservation Easement, but shall survive the closing. ARTICLE XI Upon execution by the Grantor(s) this document shall constitute an offer for the Grantor(s) to sell and convey an agricultural conservation easement to the Grantees. This offer shall be deemed to be accepted by the Grantees at such time as the Board of County 6 Commissioners approves the recommendation of the County Board to purchase an agricultural conservation easement in the subject land subject, however, to the provisions of Article XII hereunder. This Agreement shall become effective only upon acceptance by the Grantees and approval and execution by all persons designated on the signature page or pages of this Agreement. The failure of the Grantees to accept and execute this Agreement shall terminate the obligations of all parties to this Agreement. ARTICLE XII 1. The time set for the closing and all other times set forth in the Agreement shall be considered of the essence of this Agreement. The failure of a party to perform an action within the time required in this Agreement shall be considered a material breach of the Agreement. 2. This Agreement is expressly conditioned upon the availability of funds for the purpose of funding the purchase of the agricultural conservation easement provided for herein. In the event that, for any reason, such funds are not available, Grantees’ obligations under the Agreement shall terminate. 3. Any amendment or modification of the terms of this Agreement shall have no force or effect unless it is in writing and signed by all parties hereto. 4. This Agreement and all other agreements executed pursuant hereto shall be deemed to be contracts made under the laws of the Commonwealth of Pennsylvania and for all purposes, shall be construed in accordance with the laws of such Commonwealth. 5. The Grantor(s) and the Grantees shall comply with the provisions of the Contractor Integrity Clause, Exhibit D and the Nondiscrimination Clause, Exhibit E, attached hereto and incorporated herein. 6. No terms or provisions of the Agreement shall be deemed waived, and no breach excused, unless such waiver or consent to a breach shall be in writing and signed by an authorized official of the County. Any waiver of a provision or consent to a breach, whether expressed or implied, shall not constitute a waiver of, or consent to any subsequent breach. 7 Exhibit A LEGAL DESCRIPTION THE LAND REFERRE;D TO HEREIN BELOW IS SITUATED IN THE COUNTY OF FRANKLIN, COMMONWEAL TH OF PENNSYLVANIA AND IS DESCRIBED AS FOLLOWS: ALL certain tract ofland situate in Washington Township, Franklin County, Pennsylvania, being more fully described as follows: BEGINNING at a existing magnail located in the center of S.R. 2005 (Salem Church Road Extended) at lands of Earl Ray Wisler and Mary Ellen Wisler; thence along Earl Ray Wisler and Mary Ellen Wisler, and the center of S.R. 2005 (Salem Church Road Extended), South 41 degrees 51 minutes 33 seconds West 881.12 feet to an existing magnail in public road at lands of Jason G. Shultz; thence along Jason G. Shultz and continuing along the center of S.R. 2005 (Salem Church Road Extended), South 40 degrees 58 minutes 08 seconds West 192.85 feet to an existing railroad spike in the intersection of S.R. 2005 (Salem Church Road Extended) and T-357 (Salem Church Road) at lands of Wilmer K. Barlap and Mary V. Barlap; thence along Wilmer K. Barlap and Mary V. Barlap, and along the center ofT-357 (Salem Church Road), North 60 degrees 44 minutes 53 seconds West 140.00 feet to a set magnail in said public road; thence leaving said public road and along Wilmer K. Barlap and Mary V. Barlap, South 39 degrees 35 minutes 40 seconds West 194.87 feet to an existing axle; thence along the same South 66 degrees 39 minutes 33 seconds East 115.38 feet to an existing iron pin at the lands of Wendy L. Scott-Beeler; thence along lands of Wendy L. Scott-Beeler, South 47 degrees 08 minutes 04 seconds West 79.96 feet to an existing iron pin at the lands of John E. Bitner; thence along' lands of John E. Bitner, South 47 degrees 07 minutes 57 seconds West 707.02 feet to an existing stone at lands of Jason A. Young and Priscilla L. Young; thence along lands of Jason A. Young and Priscilla L. Young, South 88 degrees 46 minutes 03 seconds West 625.04 feet to an existing iron pin at lands of Lowell A. Metzer and T. Denise Metzer; thence along lands of Lowell A. Metzer and T. Denise Metzer, North 17 degrees 23 minutes 40 seconds West 742.29 feet to an existing axle at lands of Michael J. Henicle and Beverly A. Henicle; thence along lands o f Michael J. Henicle and Beverly A. Henicle, North 34 degrees 21 minutes 38 seconds East 810.82 feet to and existing railroad spike in public road known as T-357 (Salem Church Road) at the lands ofD. Ray Fair; thence by lands ofD. Ray Fair, and Michael J. Henicle and Beverly A. Henicle, and through an existing rebar on line at 25.00 feet, North 34 degrees 25 minutes 35 seconds East 1584.97 feet to an existing iron pin at other lands of Michael J. Henicle and Beverly A. Henicle; thence along lands of Michael J. Henicle and Beverly A. Henicle, North 34 degrees 26 minutes 30 seconds East 299.79 feet to an existing iron pin at lands of Jack E. Martin and Emily L. Martin; thence along lands of Jack E. Martin and Emily L. Martin, North 35 degrees 38 minutes 35 seconds East 656.94 feet to an existing iron pin; thence along the same South 40 degrees 14 minutes 34 seconds East 673.42 feet to a set concrete monument at an existing iron pin at lands of Brendon J. Hess and Kyra F. Hess; thence along the lands of Brendon J. Hess and Kyra F. Hess, South 38 degrees 38 minutes 52 seconds West 496.93 feet to a set concrete monument at an existing iron pin; thence continuing along the same, South 48 degrees 48 minutes 27 seconds East 256.81 feet to an existing iron pin at lands of S. Allen Stine and Sonja A. Stine; thence along the lands of S. Allen Stine and Sonja A. Stine, South 50 degrees 14 minutes 58 seconds East 218.10 feet to an existing iron pin at the lands of Thomas M. Barlup and Martha E. Barlup; thence continuing with the lands of Thomas M. Barlup and Martha E. Barlup, South 51 degrees 24 minutes 14 seconds West 191.81 feet to a set iron pin; thence continuing along the same, South 47 degrees 04 minutes 51 seconds East 319.91 feet to an existing iron pin at the lands of Wayne A. Caouette and Denice J. Caouette; thence along the lands of Wayne A. Caouette and Denice J. Caouette, South 29 degrees 23 minutes 05 seconds West 87.05 feet to a set iron pin at the lands of Fred R. Kahl II; thence along lands of Fred R. Kahl II, and other lands of Fred R. Kahl II, South 40 degrees 25 minutes 57 seconds West 250.01 feet to an existing iron pin; thence along the same South 42 This page is only a part of a 2021 AL TA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter­ signature by the Company or its issuing agent that may be in electronic form. LEGAL DESCRIPTION (Continued) degrees 24 minutes 23 seconds West 127.50 feet to a set iron pin; thence by the same, South 49 degrees 33 minutes 13 seconds East 122.50 feet to an existing magnail in public road S.R. 2005 (Salem Church Road Extended), the place of BEGINNING. TOTAL CONSERVATION EASEMENT AREA IS 93.3899 ACRES. The Martin farm, for preservation in Franklin County, contained 93.3899 surveyed acres, but will be rounded to 93.39 acres for easement purchase. BEING designated as CONSERVATION EASEMENT on a survey entitled Survey of Land and Conservation Easement prepared for Jack E Martin and Jason E Martin, by Curfman & Zullinger Surveying, Inc., dated September 6, 2024 and intended to be recorded prior hereto 1)233,475.00$ A.State Share B.County Share 233,475.00$ 2)$10,404 A.$1,600 B.2,307.00$ C.221.00$ D.6,275.50$ E. F. 3)-$ A.State Share B.County Share 4)$10,404 5)233,475.00$ 6)243,878.50$ TOTAL ACREAGE- PRICE PER ACRE- YES NO X EASEMENT PURCHASE PRICE INCIDENTAL COSTS JEM EXHIBIT "B" STATEMENT OF COSTS FARM NAME: Notifications Other INTEREST *ESTIMATE* TOTAL COMMONWEALTH FUNDS REQUESTED (1A+2+3A) Appraisal Legal/Title Fees Recording Survey TOTAL COUNTY FUNDS REQUIRED (1B+3B) TOTAL COST OF EASEMENT PURCHASE (4+5) COMMENTS: IS THIS A LIKE-KIND EXCHANGE? 93.39 2,500$ Prepared By: Return To: UPI# DPERCOUNTY-ONLY (6-2006) EXHIBIT “C” DEED OF AGRICULTURAL CONSERVATION EASEMENT TO A COUNTY IN PERPETUITY THIS DEED OF AGRICULTURAL CONSERVATION EASEMENT, made this _______ day of _________________, 20___, by and between ________________________ _______________________________________ (hereinafter, "Grantor") and the County of ____________________, Pennsylvania by and through its Agricultural Land Preservation Board (hereinafter, "Grantee") is made pursuant to the Agricultural Area Security Law (P.L. 128, No. 43) as amended (hereinafter "Act") is made pursuant to the Act. WHEREAS, Grantor is the sole owner of all that certain land situate in ______________________ Township, ____________________County, Pennsylvania more particularly described in Exhibit "A" attached hereto consisting of _________acres and all buildings and improvements erected thereon ("the subject land"); AND WHEREAS, the said County Agricultural Land Preservation Board has determined to purchase an agricultural conservation easement in the subject land pursuant to the Act; AND WHEREAS, all holders of liens or other encumbrances upon the subject land have agreed to release or subordinate their interests in the subject land to this Deed of Agricultural Conservation Easement and to refrain from any action inconsistent with its purpose; NOW THEREFORE, in consideration of the sum of $____________ dollars, the receipt and sufficiency of which is hereby acknowledged, Grantor does voluntarily grant, bargain and sell, and convey to the County of _____________________, Pennsylvania (through its Agricultural Land Preservation Board), its successors and assigns (hereinafter, “Grantee”) and Grantee voluntarily accepts, an agricultural conservation easement in the subject land, under and subject to the Act and to the following terms and conditions: 1. Permitted Acts - During the term of the agricultural conservation easement conveyed herein, the subject land shall be used solely for the production for commercial purposes of crops, equine, livestock and livestock products, including the processing or retail marketing of such crops, equine, livestock or livestock products if more than fifty percent of such processed or merchandised products are produced on the subject land (hereinafter "agricultural production"). For purpose of this Deed, "crops, equine, livestock and livestock products" include, but are not limited to: (a) Field crops, including corn, wheat, oats, rye, barley, soybeans, speltz, buckwheat, hay, potatoes and dry beans; (b) Fruits, including apples, peaches, grapes, cherries, pears, and berries; (c) Vegetables, including tomatoes, pumpkins, snap beans, cabbage, carrots, beets, onions, sweet corn, and mushrooms; (d) Horticultural specialties, including nursery stock ornamental shrubs, ornamental trees and flowers; (e) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs; (f) Timber, wood, and other wood products derived from trees; and (g) Aquatic plants and animals and their byproducts. (h) Commercial equine activity including boarding of equine, training of equine, instruction of people in handling, driving or riding equines, use of equines for riding or driving purposes, pasturing equines all of where a fee is collected. The term DOES NOT INCLUDE ACTIVITIY LICENSED UNDER THE ACT OF DECEMBER 17, 1981 (P.L. 435, NO. 135), KNOWN AS THE “RACE HORSE INDUSTRY REFORM ACT.” Except as permitted in this Deed, neither Grantor nor his agents, heirs, executors, administrators, successors and assigns, nor any person, partnership, corporation or other entity claiming title under or through Grantor, or their agents, shall suffer, permit, or perform any activity on the subject land other than agricultural production or commercial equine activities. 2. Construction of Buildings and Other Structures – The construction or use of any building or other structure on the subject land other than as existing on the date of the delivery of this Deed is prohibited except that: (a) The erection of fences for agricultural production or a commercial equine activity and protection of watercourses such as lakes, streams, springs and reservoirs is permitted. (b) The construction of one additional residential structure is permitted if; (i) The construction and use of the residential structure is limited for the landowner’s principal residence or for the purpose of providing necessary housing for persons employed in farming the subject land on a seasonal or full-time basis, (ii) No other residential structure has been constructed on the restricted land at any time since the delivery of the Deed, (iii) The residential structure and its curtilage occupy no more than two acres of the restricted land, and (iv) The location of the residential structure and its driveway will not significantly harm the economic viability of the subject land for agricultural production or a commercial equine activity. (c) The construction or use of any building or other structure for agricultural production or a commercial equine activity is permitted. The maximum building coverage may be restricted if the County Agricultural Conservation Easement Purchase Program approved by the State Board imposes such a restriction. 2 (d) The replacement of a residential structure existing on the restricted land on the date of the granting of the easement is permitted if the preexisting residential structure is razed or removed and the replacement residential structure is erected within the curtilage of the residential structure it replaces. The renovation or modification of an existing residential structure, or an addition to an existing residential structure is permitted if it would not increase the curtilage of the residential structure. The renovation or modification of an existing agricultural building or structure, or an addition to an existing agricultural building or structure, is permitted. The maximum building coverage may be restricted if the County Agricultural Conservation Easement Purchase Program approved by the State Board imposes such a restriction. 3. Subdivision - The land under the Agricultural Conservation Easement is subject to the Subdivision Guidelines of the County of _____________________, Agricultural Land Preservation Program, approved by the State Agricultural Land Preservation Board on _________________________, year of ___________, as may be attached hereto. If the subject land is subdivided, the Deeds to all of the subdivided parcels shall state on which of the subdivided parcels the residential structure permitted by this Deed may be constructed. Deeds to all other parcels shall recite that no additional residential structure is permitted. 4. Utilities - The granting of rights-of-way by the Grantor, his heirs, executors, administrators, successors and assigns, or any person, partnership, corporation or other entity claiming title under or through Grantor in and through the subject land for the installation, transportation, or use of, lines for water, sewage, electric, telephone, coal by underground mining methods, gas, oil or oil products is permitted. The term "granting of rights- of-way" includes the right to construct or install such lines. The construction or installation of utility lines other than of the type stated in this paragraph is prohibited on the subject land. 5. Mining - The granting of leases, assignments or other conveyances or the issuing of permits, licenses or other authorization for the exploration, development, storage or removal of coal by underground mining methods, oil and gas by the owner of the subject land or the owner of the underlying coal by underground mining methods, oil and gas or the owner of the rights to develop the underlying coal by underground mining methods, oil and gas, or the development of appurtenant facilities related to the removal of coal by underground mining methods, oil or gas development or activities incident to the removal or development of such minerals is permitted. 6. Rural Enterprises - Customary part-time or off-season minor or rural enterprises and activities which are provided for in the County Agricultural Easement Purchase Program approved by the State Board are permitted. 7. Soil and Water Conservation - All agricultural production or commercial equine activity on the subject land shall be conducted in accordance with a conservation plan approved by the County Conservation District or the County Board. Such plan shall be updated upon any change in the basic type of agricultural production or commercial equine activity being 3 conducted on the subject land. In addition to the requirements established by the County Conservation District or the County Board the conservation plan shall include an installation schedule and maintenance program and a nutrient management component which, when completely implemented, will improve and maintain the soil, water and related plant and animal resources of the land and shall require that: (i) The use of the land for growing sod, nursery stock, ornamental trees, and shrubs does not remove excessive soil from the subject land, and (ii) The excavation of soil, sand, gravel, stone or other materials for use in agricultural production or commercial equine activity on the land is conducted in a location and manner that preserves the viability of the subject land for agricultural production or commercial equine activity. As part of the settlement documents, the executed Conservation Plan Agreement shall be recorded with the Deed of Easement at the County Recorder of Deeds. 8. Responsibilities of Grantor Not Affected - Except as specified herein, this Deed does not impose any legal or other responsibility on the Grantees, their successors or assigns. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the subject land and all improvements erected thereon. Grantor shall continue to be solely responsible for the maintenance of the subject land and all improvements erected thereon. Grantor acknowledges that Grantees have no knowledge or notice of any hazardous waste stored on or under the subject land. Grantee's exercise or failure to exercise any right conferred by the agricultural conservation easement shall not be deemed to be management or control of activities on the subject land for purposes of enforcement of the Act of October 18, 1988, (P.L. 756, No. 108), known as the Hazardous Sites Cleanup Act. Grantor, his heirs, executors, administrators, successors or assigns agree to hold harmless, indemnify and defend Grantees, their successors or assigns from and against all liabilities and expenses arising from or in any way connected with all claims, damages, losses, costs or expenses, including reasonable attorneys fees, resulting from a violation or alleged violation of any State or Federal environmental statute or regulation including, but not limited to, statutes or regulations concerning the storage or disposal of hazardous or toxic chemicals or materials. 9. Enforcement - Annually, Grantees, their successors, assigns or designees shall have the right to enter the subject land for the purpose of inspecting to determine whether the provisions of this Deed are being observed. Written notice of such annual inspection shall be mailed to the Grantor, his heirs, executors, administrators successors or assigns at least ten days prior to such inspection. The annual inspection shall be conducted between the hours of 8 a.m. and 5 p.m. on a weekday that is not a legal holiday recognized by the Commonwealth of Pennsylvania or at a date and time agreeable to the county and the landowner. Grantees, their successors, assigns or designees shall also have the right to inspect the subject land at any time, without prior notice, if Grantees have reasonable cause to believe the provisions of this Deed have been or are being violated. 4 Grantor acknowledges that any violation of the terms of this Deed shall entitle Grantees, their successors, assigns or designees to obtain an injunction against such violation from a court of competent jurisdiction along with an order requiring Grantor, his heirs, executors, administrators, successors or assigns to restore the subject land to the condition it was in prior to the violation, and recover any costs or damages incurred including reasonable attorney's fees. Such relief may be sought jointly, severally, or serially. 10. Duration of Easement - The agricultural conservation easement created by this Deed shall be a covenant running with the land and shall be perpetual in duration. Every provision of this Deed applicable to Grantor shall apply to Grantor's heirs, executors, administrators, successors, assigns, agents, and any person, partnership, corporation or other entity claiming title under or through Grantor. 11. Conveyance or Transfer of the Subject Land - Grantor, his heirs, executors, administrators, successors or assigns, and any person, partnership, corporation, or other entity claiming title under or through Grantor, shall, within thirty (30) days of a change in ownership or within any lesser period prescribed in the county program, notify the county agricultural land preservation board and the Pennsylvania Department of Agriculture in writing of any conveyance of transfer of ownership of the subject land. Such notification shall set forth the name, address and telephone number of the Grantor and the party or parties to whom ownership of the subject land has been conveyed or transferred, and the price per acre or any portion thereof and a reference to the volume and page in which the transfer has been recorded by the County Recorder of Deeds. This obligation shall apply to any change in ownership of the subject land. Whenever interest in the subject land is conveyed or transferred to another person, the deed conveying or transferring such land shall recite in verbatim the language of the easement as set forth in this deed. 12. Applicability - Every provision of this Deed applicable to Grantor shall apply to Grantor's heirs, executors, administrators, successors, assigns, agents, and any person, partnership, corporation or other entity claiming title under or through Grantor. 13. Interpretation - This Deed shall be interpreted under the laws of the Commonwealth of Pennsylvania. For purposes of interpretation, no party to this Deed shall be considered to be the drafter of the Deed. All provisions of this Deed are intended, and shall be interpreted, to effectuate the intent of the General Assembly of the Commonwealth of Pennsylvania as expressed in Section 2 of the Act. To have and to hold this Deed of Agricultural Conservation Easement unto the Grantees, their successors and assigns in perpetuity. AND the Grantor, for himself, his heirs, executors, administrators, successors and assigns does specially warrant the agricultural conservation easement hereby granted. 5 IN WITNESS WHEREOF, the undersigned have duly executed this Deed on the day first written above. GRANTOR Witness: _____________________________ [Seal] _____________________________ _____________________________ [Seal] _____________________________ _____________________________ [Seal] _____________________________ [Seal] 6 ACKNOWLEDGMENT COUNTY OF SS: COMMONWEALTH OF PENNSYLVANIA On this _____________ day of ____________________ , _________ , before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the City of ____________________________ personally appeared the above named __________________________ and _____________________________, and in due form of law acknowledged the above Deed of Agricultural Conservation Easement to be their voluntary act and deed, and desired the same to be recorded as such. WITNESS my hand and Notarial Seal the day and year aforesaid. ________________________________ Notary Public My Commission expires: 7 ACEPERCO (2009) (________________________ COUNTY) AGREEMENT FOR THE SALE AND PURCHASE OF AN AGRICULTURAL CONSERVATION EASEMENT IN PERPETUITY THIS AGREEMENT, made this ___________day of ___________________, by and among ______________________________________________________________ (“Grantor(s)”) and the County of _________________ Pennsylvania (“County”) acting through its County Agricultural Land Preservation Board, ______________ PA (“County”) (“County” and “County Board” being hereafter collectively referred to as “Grantees”) is an Agreement for the Sale and Purchase of an Agricultural Conservation Easement pursuant to the Agricultural Area Security Law, P.L. 128, No. 43, June 30, 1981, as amended (hereinafter “the Act”): WITNESSETH WHEREAS; Grantor(s) is/are the sole owner(s) of all that certain land situate in ___________________________________Township, _____________________County, Pennsylvania consisting of _________ acres of land together with the buildings and improvements erected thereon and more particularly described in Exhibit “A” hereto (“the subject land”); and WHEREAS; Grantor(s) intend(s) to convey an agricultural conservation easement in the subject land to the Grantees pursuant to the Act, as above designated (3 P.S. Section 901-915) as amended; and WHEREAS; the County has adopted a program for purchasing agricultural conservation easements which program has been certified by the State Board pursuant to the Act; and WHEREAS; the County, acting through the County Board, has recommended purchase of an agricultural conservation easement in the subject land subject to the terms and conditions of the Act and Regulations promulgated thereunder; and WHEREAS; the County Board is authorized under the Act to execute agreements for the purchase of agricultural conservation easements and to purchase agricultural conservation easements in the name of the county solely from County matching funds as described in Section 138.e103(d); and WHEREAS; the County Board has recommended payment of the purchase price of an agricultural conservation easement in the subject land from County matching funds; and WHEREAS; the Grantees wish to provide for the enforcement of an agricultural conservation easement in the subject land. NOW THEREFORE; in consideration of the mutual covenants herein contained, and other good and valuable consideration, the parties agree as follows: ARTICLE I 1. Upon acceptance and execution as set forth in Article XI, this Agreement shall constitute an Agreement for the Sale and Purchase of an Agricultural Conservation Easement between the Grantor(s) and the Grantees. 2. The provisions of the Agricultural Area Security Law, P.L. 128, No. 43, June 30, 1981 (P.S. Sections 910-915) as amended and the provisions of the Regulations adopted at 7 Pa. Code Ch. 138e are incorporated herein by reference and made a part thereof. ARTICLE II 1. Grantor(s) agree(s) to sell and convey to the Grantees their successors and assigns, and Grantees agree to purchase from Grantor(s) an interest in the subject land consisting of an agricultural conservation easement as defined in the Act and this Agreement (hereinafter “agricultural conservation easement”). 2. The parties agree that the purchase price of $ ________________________ for the agricultural conservation easement to be purchased pursuant to this Agreement shall be paid at the time of the closing as set forth in Article VII. The County shall pay the full amount as County matching funds as described in Ch. 138d.103(d). ARTICLE III Grantor understands that Grantees will be submitting to the Commonwealth and to the State Board an accounting of the within transaction, including County matching funds expended and a request of payment of Grantees’ unreimbursed costs. Grantor agrees to cooperate with Grantees in the prompt submission of all such documentation and information as may be required by the Commonwealth and the State Board. ARTICLE IV Grantor(s) represent(s), warrant(s) to, and covenant(s) with the Grantees that: 1. Grantor(s) are adult individuals having the full power, capacity and authority to enter into this Agreement. 2 2. Grantor(s) have been advised and encouraged to have legal counsel review this Agreement on their behalf prior to signing it. 3. Grantor(s) have read this Agreement and understand its contents and that it restricts the use of the subject land to agricultural production and, knowing this, voluntarily enter into this Agreement. 4. The information and statements set forth in the Application Form, Locational Map, Soils Report and Crop Report furnished by the Grantor(s) to the County Board pursuant to 7 Pa. Code Section 138e.61 is true and correct and that all facts necessary to prevent the information and statements from being misleading have been disclosed. 5. Grantor(s) acknowledges that any violation of the terms of this Agreement or the Deed of Agricultural Conservation Easement, when delivered, shall entitle Grantees, their successors, assigns or designees to obtain an injunction against such violation from a court of competent jurisdiction along with an order requiring Grantor(s), his heirs, executors, administrators, successors or assigns to restore the subject land to the conditions it was in prior to the violations, and recover any costs or damages incurred, including reasonable attorney’s fees. Such relief may be sought jointly, severally, or serially. ARTICLE V The County Board represents, warrants to, and covenants with the Grantor(s) and the State Board that: 1. The County Board has been duly established by the County and is validly existing under the laws of the Commonwealth of Pennsylvania. 2. The County Board has adopted rules and regulations for the administration of a countywide program for the purchase of agricultural conservation easements within agricultural security areas. 3. The County Board is in compliance with the Constitution and laws of the Commonwealth, including the Act and the Regulations issued pursuant to the Act and has full power and authority to consummate all transactions, execute all documents, including this Agreement, and perform all acts contemplated in this Agreement in the name of the County. 4. The County Board has reviewed the information and statements set forth by the Grantor(s) in the Application Form, Locational Maps, Soils Report, and Crop Report furnished to the County Board by the Grantor(s) pursuant to 7 Pa. Code Section 138e.61 and has found that the subject land is in an agricultural security area and qualifies for the purchase of an agricultural conservation easement under the Act and Regulations. 3 ARTICLE VI 1. Grantor(s) shall not develop or use the subject land for any purpose other than agricultural production. 2. Grantees or their designees or either of them jointly or severally, shall have the right to prevent the development or use of the subject land for any purpose other than agricultural production. 3. Agricultural production consists of, and is limited to, the production for commercial purposes of crops, livestock and livestock products, including the processing or retail marketing of the crops, livestock or livestock products if more than 50% of the processed or merchandised products are produced on the subject land. Crops, equine, livestock and livestock products include, but are not limited to: (a) Field crops, including corn, wheat, oats, rye, barley, soybeans, speltz, buckwheat, hay, potatoes and dry beans; (b) Fruits, including apples, peaches, grapes, cherries, pears and berries; (c) Vegetables, including tomatoes, pumpkins, snap beans, cabbage, carrots, beets, onions, sweet corn and mushrooms; (d) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) Livestock and livestock products, cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs, and furs; (f) Timber, wood and wood products derived from trees; and (g) Aquatic plants and animals and their by-products. (h) Commercial equine activity including boarding of equine, training of equine, instruction of people in handling, driving or riding equines, use of equines for riding or driving purposes, pasturing equines all of where a fee is collected. THE TERM DOES NOT INCLUDE ACTIVITY LICENSED UNDER THE ACT OF DECEMBER 17, 1981 (P.L. 435, NO. 135), KNOWN AS THE “RACE HORSE INDUSTRY REFORM ACT.” 4. This agricultural conservation easement shall not prevent the actions permitted under Section 14.1(c)(6)(i)-(v) of the Act. 5. This agricultural conservation easement shall be perpetual in duration. 6. Grantees' exercise or failure to exercise any right conferred by the agricultural conservation easement shall not be deemed to be management or control of activities on the subject land for purposes of enforcement of the Act of October 18, 1988, (P.L. 756, No. 108), known as the Hazardous Sites Cleanup Act. 4 7. Grantor(s), his heir executors, administrators, successors or assigns agree to hold harmless, indemnify and defend Grantees, their successors or assigns from and against all liabilities and expenses arising from or in any way connected with all claims, damages, losses, costs or expenses including reasonable attorney’s fees, resulting from a violation or alleged violation of any State or Federal environmental statute or regulation, including but not limited to, statutes or regulations concerning the storage or disposal of hazardous or toxic chemicals or materials. The obligation imposed by this paragraph shall not merge with the Deed of Agricultural Conservation Easement, but shall survive the closing. ARTICLE VII 1. The closing of the sale and purchase set forth in this Agreement shall occur on a date to be established by the parties which date shall be no more than 120 days from the date of complete execution of this Agreement by the County. Closing shall be held at ______________________________ or in another location in _________________County, Pennsylvania, as agreed among the parties in writing. 2. At closing, Grantor(s) shall deliver to Grantees a fully executed Deed of Agricultural Conservation Easement in the form attached as Exhibit “C” hereto. Grantor(s) further agrees to execute and deliver to Grantees any other documents necessary to record such Deed of Agricultural Conservation Easement. The County Board shall record the Deed of Agricultural Easement immediately following closing. ARTICLE VIII 1.At the time of the closing set forth in Article VII of this Agreement, the agricultural conservation easement shall be free and clear of all liens, mortgages, options, rights of other in surface mineable coal, land use restrictions, and other encumbrances, except as set forth below: None 2.Grantee(s) obligation to purchase the agricultural conservation easement set forth in this Agreement is condition upon Grantor(s) being able to convey the agricultural conservation easement free and clear of all encumbrances, except as set forth in this Article VIII. Should Grantor(s) be unable to convey the agricultural conservation easement as set forth in this Agreement, Grantees may, at Grantee’s sole option and discretion, terminate this Agreement or extend the time for closing by a period of up to thirty days. Should Grantor(s) be unable to convey the agricultural conservation easement as set forth in this Agreement at the expiration of such thirty day extension, this Agreement shall terminate and Grantees shall have no further obligation to proceed to closing. 5 3. At closing, the County Board shall provide a title insurance policy naming the Grantees as the insured and issued by a Title Insurance Company that is authorized to issue title insurance in the Commonwealth of Pennsylvania. Such title insurance policy shall fully insure Grantees’ interest in the subject land. All exceptions to such title insurance policy, except as noted in paragraph 1, shall be removed prior to closing. The cost of such title insurance policy should be considered a state reimbursable cost incident to the purchase of the agricultural conservation easement set forth in this Agreement. ARTICLE IX The information and statements set forth in the Application Form, Locational Map, Soils Report, and Crop Report, furnished by the Grantor(s) to the County Board pursuant to 7 Pa. Section 138e.61, and the Summary Report, Title, Report, and Proposed Legal Description furnished to the County Board pursuant to 7 Pa. Code Section 138e.91 are incorporated in and made a part of this Agreement by reference thereto. Should any of the information set forth in the documents referenced in this Article IX be other than as represented in such documents, the Board may, at its sole option and discretion, terminate this Agreement, waive such nonconformity, or extend the time for the closing of the sale and purchase set forth in this Agreement for thirty days. A waiver of nonconformity pursuant to this Article IX must be in writing and signed by an authorized official of the County Board. Should the Board choose to extend the time for the closing of the sale and purchase pursuant to this Article IX, the Board shall provide Grantor(s) with a written statement of the nonconformity which must be corrected prior to closing. Should Grantor(s) fail to correct such nonconformity within such thirty-day period, the Grantees’ obligation to purchase the agricultural conservation easement set forth in this Agreement shall terminate. ARTICLE X 1. All taxes imposed upon this sale and purchase of an agricultural conservation easement or the recording of the Deed of Agricultural Conservation Easement by any taxing authority shall be paid by the Grantor(s) at the time of closing. 2. All fees levied for the recording of the Deed of Agricultural Conservation Easement shall be paid by the County at the time of the closing as a reimbursable cost. The obligations imposed on the respective parties by this Article X shall not merge with the Deed of Agricultural Conservation Easement, but shall survive the closing. ARTICLE XI Upon execution by the Grantor(s) this document shall constitute an offer for the Grantor(s) to sell and convey an agricultural conservation easement to the Grantees. This offer shall be deemed to be accepted by the Grantees at such time as the Board of County 6 Commissioners approves the recommendation of the County Board to purchase an agricultural conservation easement in the subject land subject, however, to the provisions of Article XII hereunder. This Agreement shall become effective only upon acceptance by the Grantees and approval and execution by all persons designated on the signature page or pages of this Agreement. The failure of the Grantees to accept and execute this Agreement shall terminate the obligations of all parties to this Agreement. ARTICLE XII 1. The time set for the closing and all other times set forth in the Agreement shall be considered of the essence of this Agreement. The failure of a party to perform an action within the time required in this Agreement shall be considered a material breach of the Agreement. 2. This Agreement is expressly conditioned upon the availability of funds for the purpose of funding the purchase of the agricultural conservation easement provided for herein. In the event that, for any reason, such funds are not available, Grantees’ obligations under the Agreement shall terminate. 3. Any amendment or modification of the terms of this Agreement shall have no force or effect unless it is in writing and signed by all parties hereto. 4. This Agreement and all other agreements executed pursuant hereto shall be deemed to be contracts made under the laws of the Commonwealth of Pennsylvania and for all purposes, shall be construed in accordance with the laws of such Commonwealth. 5. The Grantor(s) and the Grantees shall comply with the provisions of the Contractor Integrity Clause, Exhibit D and the Nondiscrimination Clause, Exhibit E, attached hereto and incorporated herein. 6. No terms or provisions of the Agreement shall be deemed waived, and no breach excused, unless such waiver or consent to a breach shall be in writing and signed by an authorized official of the County. Any waiver of a provision or consent to a breach, whether expressed or implied, shall not constitute a waiver of, or consent to any subsequent breach. 7 Exhibit A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF FRANKLIN, COMMONWEAL TH OF PENNSYLVANIA AND IS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN lot or piece of ground situate in Peters Township, County of Franklin, Commonwealth of Pennsylvania. BEGINNING at an existing magnail in the center of Dry Run Road (T-417) and comer of lands of Donald Shew and Sharon Shew ; thence by said lands of Donald Shew and Sharon Shew, North 29 degrees 05 minut es 01 second West 22.02 feet to and existing iron pin; thence by the same, on a curve (C2) to the left having a radius of 40.00 feet, an arc length of 63 .15 feet and chord bearing North 16 degrees 08 minut es 16 seconds East and chord length of 56. 79 feet to an existing iron pin; thence by the same, North 29 degrees 05 minutes 01 seconds West 137.98 feet to a point on concrete; thence along lands of Donald Shew and Sharon Shew, Nichole J. Cordell, Dwain Ples singer and Martha A. Plessinger South 60 degrees 54 minutes 59 seconds West 276.24 feet to an existing iron pin at lands of Douglas K. Deshong; thence by the lands of Douglas K. Deshong, North 01 degrees 45 minutes 53 seconds East 199.11 feet to an existing iron pin at lands of Travis E. Mummert and Melanie R. Mummert; thence along lands of Travis E. Mummert and Melanie R. Mummert, North 22 degrees 56 minutes 04 seconds West 979.15 feet to an existing iron pin at lands ofE. Wayne Heebner and Clair M. Heebner; thence by said lands of E. Wayne Heebner and Clair M. Heebner, North 79 degrees 12 minut es 52 seconds East 436.69 feet to an existing iron pin at other lands of E. Wayne Heebner and Clair M. Heebner; thence by the same, South 18 degrees 27 minut es 52 seconds West 34.38 feet to an existing iron pin; thence the same North 79 degrees 12 minutes 52 seconds East 298.65 feet to an existing iron pin; thence by the same North 80 degrees 21 minutes 48 seconds East 96.65 feet to an existing iron pin; thence by the same North 80 degrees 21 minutes 48 seconds East 119.50 feet to an existing rail road spike; thence by the same North 84 degrees 21 minut es 56 seconds East 49.50 feet to an existing iron pin; thence by the same North 01 degree 23 mi nutes 12 seconds West 30.04 feet to an existing iron pin; thence by the same, on a curve (C3) to the right having a radius of 1460.00 feet, an arc length of 748.89 feet and chord bearing South 79 degrees 40 minutes 35 seconds East and chord length of 740. 70 feet to an existing iron pin at lands of Chiou Hog Farm; thence by said lands of Chiou Hog Farm, on a curve (C4) to the right having a radius of 837.91 feet, an arc length of 116.56 feet and chord bearing South 62 degrees 19 minut es 43 seconds East and chord length of 116.4 7 feet to an existing iron pin; thence continuing along lands of Chiou Hog Farm, South 58 degrees 20 minut es 37 seconds East 490.00 feet to an existing magnail in public road Dry Run Road (T-4 17) at lands of His song Farmstead, Inc.; thence continuing in said public road and al ong the lands of His song Far mstead, Inc., South 56 degrees 20 minut es 24 seconds West 372.68 feet to an existing magnail in the public road; thence continuing with the same and in said public road South 60 degrees 43 minutes 26 seconds West 152 .3 5 feet to an existing magnail at land of James R. and Sherrie D. Mellott; thence continuing along lands of James R. and Sherrie D. Mellott, South 60 degrees 54 minut es 59 seconds West 693 .54 feet to an existing magnail in public road at lands of Dwain Plessinger and Martha A. LEGAL DESCRIPTION ( Continued) Plessinger; thence leaving said public road and along lands of Dwain Plessinger and Martha A. Plessinger, North 29 degrees 05 minutes 01 seconds West 203.00 feet to an existing iron pin; thence continuing with the lands of Dwain Pl essinger and Martha A. Pl essinger, North 85 degrees 05 minutes 4 7 seconds West 87.07 feet to a set concrete monument at an existing iron pin; thence by the same, South 65 degrees 28 minutes 45 seconds West 228 .53 feet to a set concrete monument at an existing iron pin; thence continuing with the same, South 29 degrees 05 minutes 0 1 second East 100.00 feet to an existing iron pin at lands of Paul T. Jack and Sandra L. Jack; thence continuing with said lands of Paul T. Jack and Sandra L. Jack, South 60 degrees 54 minutes 59 seconds West 175.00 feet to an existing iron pin; thence along the same South 29 degrees 05 minutes 0 1 second East l 07 .64 feet to an existing iron pin; thence by the same, on a curve (C 1) to the left having a radius of 40.00 feet, an arc length of 63.29 feet and chord bearing South 74 degrees 24 minutes 48 seconds East a chord length of 56.89 feet to a set iron pin; thence by the same South 29 degrees 05 minutes 0 1 second East 22.21 feet to an exist magnail in public road Dry Run Road (T-417) at lands of James R. and Sherrie D. Mellott; thence along the center of Dry Run Road (T-417) along lands of James R. and Sherrie D. Mellott, South 60 degrees 54 minutes 59 seconds West 130.77 feet to an existing magnail in said public road, the pl ace of the BEGINNING. CONTAINING: 37.1408Acres. Exclusion A BEGINNING at an existing iron pin at the comer of lands of Paul T. Jack and Sandra L. Jack and lands of Todd B. Heckman and Vicki L. Heckman, (Ll) North 29 degrees 05 minutes 01 second West 100.00 feet to a point in the lands of Todd B. Heckman and Vicki L. Heckman, (L2) North 60 degrees 54 minutes 47 seconds East 175.00 feet to a set concrete monument at existing iron pin at lands of Dwain Plessinger and Martha A. Plessinger; thence along the lands of lands of Dwain Plessinger and Martha A. Plessinger, South 29 degrees 05 minutes 0 1 second East 100.00 feet to a exist ing iron pin at lands of Paul T. Jack and Sandra L. Jack, South 60 degrees 54 minutes 59 seconds West 175.00 feet to an existing iron pin, the place of the BEGINNING. CONTAINING: 0.4017 Acre. Exclusion B BEGINNING at a point on concrete at the comer of lands of Donal d Shew and Sharon Shew, and the lands of Todd B. This page is only a part of a 2021 AL TA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. LEGAL DESCRIPTION ( Continued) Heckman and Vicki L. Heckman; thence along lands of Donald Shew and Sharon Shew, Nichole J. Cordell, Dwain Plessinger and Martha A. Plessinger South 60 degrees 54 minutes 59 seconds West 276.24 feet to an existing iron pin at lands of Douglas K. Deshong; thence by the lands of Douglas K. Deshong, North 01 degrees 45 minutes 53 seconds 199.11 feet to an existing iron pin at lands of Travis E. Mummert and Melanie R. Mummert; thence along lands of Travis E. Mummert and Melanie R. Mummert, (L3) North 22 degrees 56 minutes 04 seconds West 29.23 feet to a point; thence from said point running through the lands of Todd B. Heckman and Vicki L. Heckman, (L4) North 60 degrees 54 minutes 59 seconds East 171.01 feet to a point in the lands of Todd B. Heckman and Vicki L. Heckman, thence in the same, (LS) South 29 degrees 05 minutes 01 second East 199. 95 feet to a point on concrete at the lands of Donald Shew and Sharon Shew, the place of the BEGINNING. CONTAINING: 0.9988 Acre. Exclusion C BEGINNING at an existing magnail in the center of Dry Run Road (T-417) located North 60 degrees 43 minutes 26 seconds East 152.35 feet from an existing magnail at a comer between lands of Hissong Farm Stead and James R.and Sherrie D. Mellott; thence following the center of Dry Run Road (T-417) South 60 degrees 43 minutes 26 seconds West 35.38 feet to a point in the center of said road; thence leaving said road and following through lands of Todd B. and Vicki L. Heckman, North 22 degrees 57 minutes 09 seconds West 57.67 feet to a point; thence by the same North 61 degrees 30 minutes 39 seconds East 36.14 feet to a point; thence by the same South 41 degrees 25 minutes 13 seconds East 56.63 feet to a point in the center of Dry Run Road (T-417); thence following the center of Dry Run Road (T-417) South 56 degrees 20 minutes 40 seconds West 19.07 feet to an existing magnail, the place of the BEGINNING. CONTAINING: 0.0592 Acre. CONTAINING 37.1408 Acres as shown on a Survey ofland and Conservation Easement, prepared by Curfman & Zullinger Surveying Inc. dated August 8, 2024. The Heckman farm, for preservation in Franklin County, contains 35.6811 surveyed acres, but will be rounded to 35.68 acres for the easement purchase This page is only a part of a 2021 AL TA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 1)87,487.36$ A.State Share B.County Share 87,487.36$ 2)9,780.85$ A.$1,600 B.1,232.10$ C.498.75$ D.6,450.00$ E. F. 3)-$ A.State Share B.County Share 4)9,780.85$ 5)87,487.36$ 6)97,268.21$ TOTAL ACREAGE- PRICE PER ACRE- YES NO X TOTAL COUNTY FUNDS REQUIRED (1B+3B) TOTAL COST OF EASEMENT PURCHASE (4+5) COMMENTS: IS THIS A LIKE-KIND EXCHANGE? 35.68 2,452$ Notifications Other INTEREST *ESTIMATE* TOTAL COMMONWEALTH FUNDS REQUESTED (1A+2+3A) Appraisal Legal/Title Fees Recording Survey EASEMENT PURCHASE PRICE INCIDENTAL COSTS Heckman, Todd B. and Vicki L. EXHIBIT "B" STATEMENT OF COSTS FARM NAME: Prepared By: Return To: UPI# DPERCOUNTY-ONLY (6-2006) EXHIBIT “C” DEED OF AGRICULTURAL CONSERVATION EASEMENT TO A COUNTY IN PERPETUITY THIS DEED OF AGRICULTURAL CONSERVATION EASEMENT, made this _______ day of _________________, 20___, by and between ________________________ _______________________________________ (hereinafter, "Grantor") and the County of ____________________, Pennsylvania by and through its Agricultural Land Preservation Board (hereinafter, "Grantee") is made pursuant to the Agricultural Area Security Law (P.L. 128, No. 43) as amended (hereinafter "Act") is made pursuant to the Act. WHEREAS, Grantor is the sole owner of all that certain land situate in ______________________ Township, ____________________County, Pennsylvania more particularly described in Exhibit "A" attached hereto consisting of _________acres and all buildings and improvements erected thereon ("the subject land"); AND WHEREAS, the said County Agricultural Land Preservation Board has determined to purchase an agricultural conservation easement in the subject land pursuant to the Act; AND WHEREAS, all holders of liens or other encumbrances upon the subject land have agreed to release or subordinate their interests in the subject land to this Deed of Agricultural Conservation Easement and to refrain from any action inconsistent with its purpose; NOW THEREFORE, in consideration of the sum of $____________ dollars, the receipt and sufficiency of which is hereby acknowledged, Grantor does voluntarily grant, bargain and sell, and convey to the County of _____________________, Pennsylvania (through its Agricultural Land Preservation Board), its successors and assigns (hereinafter, “Grantee”) and Grantee voluntarily accepts, an agricultural conservation easement in the subject land, under and subject to the Act and to the following terms and conditions: 1. Permitted Acts - During the term of the agricultural conservation easement conveyed herein, the subject land shall be used solely for the production for commercial purposes of crops, equine, livestock and livestock products, including the processing or retail marketing of such crops, equine, livestock or livestock products if more than fifty percent of such processed or merchandised products are produced on the subject land (hereinafter "agricultural production"). For purpose of this Deed, "crops, equine, livestock and livestock products" include, but are not limited to: (a) Field crops, including corn, wheat, oats, rye, barley, soybeans, speltz, buckwheat, hay, potatoes and dry beans; (b) Fruits, including apples, peaches, grapes, cherries, pears, and berries; (c) Vegetables, including tomatoes, pumpkins, snap beans, cabbage, carrots, beets, onions, sweet corn, and mushrooms; (d) Horticultural specialties, including nursery stock ornamental shrubs, ornamental trees and flowers; (e) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs; (f) Timber, wood, and other wood products derived from trees; and (g) Aquatic plants and animals and their byproducts. (h) Commercial equine activity including boarding of equine, training of equine, instruction of people in handling, driving or riding equines, use of equines for riding or driving purposes, pasturing equines all of where a fee is collected. The term DOES NOT INCLUDE ACTIVITIY LICENSED UNDER THE ACT OF DECEMBER 17, 1981 (P.L. 435, NO. 135), KNOWN AS THE “RACE HORSE INDUSTRY REFORM ACT.” Except as permitted in this Deed, neither Grantor nor his agents, heirs, executors, administrators, successors and assigns, nor any person, partnership, corporation or other entity claiming title under or through Grantor, or their agents, shall suffer, permit, or perform any activity on the subject land other than agricultural production or commercial equine activities. 2. Construction of Buildings and Other Structures – The construction or use of any building or other structure on the subject land other than as existing on the date of the delivery of this Deed is prohibited except that: (a) The erection of fences for agricultural production or a commercial equine activity and protection of watercourses such as lakes, streams, springs and reservoirs is permitted. (b) The construction of one additional residential structure is permitted if; (i) The construction and use of the residential structure is limited for the landowner’s principal residence or for the purpose of providing necessary housing for persons employed in farming the subject land on a seasonal or full-time basis, (ii) No other residential structure has been constructed on the restricted land at any time since the delivery of the Deed, (iii) The residential structure and its curtilage occupy no more than two acres of the restricted land, and (iv) The location of the residential structure and its driveway will not significantly harm the economic viability of the subject land for agricultural production or a commercial equine activity. (c) The construction or use of any building or other structure for agricultural production or a commercial equine activity is permitted. The maximum building coverage may be restricted if the County Agricultural Conservation Easement Purchase Program approved by the State Board imposes such a restriction. 2 (d) The replacement of a residential structure existing on the restricted land on the date of the granting of the easement is permitted if the preexisting residential structure is razed or removed and the replacement residential structure is erected within the curtilage of the residential structure it replaces. The renovation or modification of an existing residential structure, or an addition to an existing residential structure is permitted if it would not increase the curtilage of the residential structure. The renovation or modification of an existing agricultural building or structure, or an addition to an existing agricultural building or structure, is permitted. The maximum building coverage may be restricted if the County Agricultural Conservation Easement Purchase Program approved by the State Board imposes such a restriction. 3. Subdivision - The land under the Agricultural Conservation Easement is subject to the Subdivision Guidelines of the County of _____________________, Agricultural Land Preservation Program, approved by the State Agricultural Land Preservation Board on _________________________, year of ___________, as may be attached hereto. If the subject land is subdivided, the Deeds to all of the subdivided parcels shall state on which of the subdivided parcels the residential structure permitted by this Deed may be constructed. Deeds to all other parcels shall recite that no additional residential structure is permitted. 4. Utilities - The granting of rights-of-way by the Grantor, his heirs, executors, administrators, successors and assigns, or any person, partnership, corporation or other entity claiming title under or through Grantor in and through the subject land for the installation, transportation, or use of, lines for water, sewage, electric, telephone, coal by underground mining methods, gas, oil or oil products is permitted. The term "granting of rights- of-way" includes the right to construct or install such lines. The construction or installation of utility lines other than of the type stated in this paragraph is prohibited on the subject land. 5. Mining - The granting of leases, assignments or other conveyances or the issuing of permits, licenses or other authorization for the exploration, development, storage or removal of coal by underground mining methods, oil and gas by the owner of the subject land or the owner of the underlying coal by underground mining methods, oil and gas or the owner of the rights to develop the underlying coal by underground mining methods, oil and gas, or the development of appurtenant facilities related to the removal of coal by underground mining methods, oil or gas development or activities incident to the removal or development of such minerals is permitted. 6. Rural Enterprises - Customary part-time or off-season minor or rural enterprises and activities which are provided for in the County Agricultural Easement Purchase Program approved by the State Board are permitted. 7. Soil and Water Conservation - All agricultural production or commercial equine activity on the subject land shall be conducted in accordance with a conservation plan approved by the County Conservation District or the County Board. Such plan shall be updated upon any change in the basic type of agricultural production or commercial equine activity being 3 conducted on the subject land. In addition to the requirements established by the County Conservation District or the County Board the conservation plan shall include an installation schedule and maintenance program and a nutrient management component which, when completely implemented, will improve and maintain the soil, water and related plant and animal resources of the land and shall require that: (i) The use of the land for growing sod, nursery stock, ornamental trees, and shrubs does not remove excessive soil from the subject land, and (ii) The excavation of soil, sand, gravel, stone or other materials for use in agricultural production or commercial equine activity on the land is conducted in a location and manner that preserves the viability of the subject land for agricultural production or commercial equine activity. As part of the settlement documents, the executed Conservation Plan Agreement shall be recorded with the Deed of Easement at the County Recorder of Deeds. 8. Responsibilities of Grantor Not Affected - Except as specified herein, this Deed does not impose any legal or other responsibility on the Grantees, their successors or assigns. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the subject land and all improvements erected thereon. Grantor shall continue to be solely responsible for the maintenance of the subject land and all improvements erected thereon. Grantor acknowledges that Grantees have no knowledge or notice of any hazardous waste stored on or under the subject land. Grantee's exercise or failure to exercise any right conferred by the agricultural conservation easement shall not be deemed to be management or control of activities on the subject land for purposes of enforcement of the Act of October 18, 1988, (P.L. 756, No. 108), known as the Hazardous Sites Cleanup Act. Grantor, his heirs, executors, administrators, successors or assigns agree to hold harmless, indemnify and defend Grantees, their successors or assigns from and against all liabilities and expenses arising from or in any way connected with all claims, damages, losses, costs or expenses, including reasonable attorneys fees, resulting from a violation or alleged violation of any State or Federal environmental statute or regulation including, but not limited to, statutes or regulations concerning the storage or disposal of hazardous or toxic chemicals or materials. 9. Enforcement - Annually, Grantees, their successors, assigns or designees shall have the right to enter the subject land for the purpose of inspecting to determine whether the provisions of this Deed are being observed. Written notice of such annual inspection shall be mailed to the Grantor, his heirs, executors, administrators successors or assigns at least ten days prior to such inspection. The annual inspection shall be conducted between the hours of 8 a.m. and 5 p.m. on a weekday that is not a legal holiday recognized by the Commonwealth of Pennsylvania or at a date and time agreeable to the county and the landowner. Grantees, their successors, assigns or designees shall also have the right to inspect the subject land at any time, without prior notice, if Grantees have reasonable cause to believe the provisions of this Deed have been or are being violated. 4 Grantor acknowledges that any violation of the terms of this Deed shall entitle Grantees, their successors, assigns or designees to obtain an injunction against such violation from a court of competent jurisdiction along with an order requiring Grantor, his heirs, executors, administrators, successors or assigns to restore the subject land to the condition it was in prior to the violation, and recover any costs or damages incurred including reasonable attorney's fees. Such relief may be sought jointly, severally, or serially. 10. Duration of Easement - The agricultural conservation easement created by this Deed shall be a covenant running with the land and shall be perpetual in duration. Every provision of this Deed applicable to Grantor shall apply to Grantor's heirs, executors, administrators, successors, assigns, agents, and any person, partnership, corporation or other entity claiming title under or through Grantor. 11. Conveyance or Transfer of the Subject Land - Grantor, his heirs, executors, administrators, successors or assigns, and any person, partnership, corporation, or other entity claiming title under or through Grantor, shall, within thirty (30) days of a change in ownership or within any lesser period prescribed in the county program, notify the county agricultural land preservation board and the Pennsylvania Department of Agriculture in writing of any conveyance of transfer of ownership of the subject land. Such notification shall set forth the name, address and telephone number of the Grantor and the party or parties to whom ownership of the subject land has been conveyed or transferred, and the price per acre or any portion thereof and a reference to the volume and page in which the transfer has been recorded by the County Recorder of Deeds. This obligation shall apply to any change in ownership of the subject land. Whenever interest in the subject land is conveyed or transferred to another person, the deed conveying or transferring such land shall recite in verbatim the language of the easement as set forth in this deed. 12. Applicability - Every provision of this Deed applicable to Grantor shall apply to Grantor's heirs, executors, administrators, successors, assigns, agents, and any person, partnership, corporation or other entity claiming title under or through Grantor. 13. Interpretation - This Deed shall be interpreted under the laws of the Commonwealth of Pennsylvania. For purposes of interpretation, no party to this Deed shall be considered to be the drafter of the Deed. All provisions of this Deed are intended, and shall be interpreted, to effectuate the intent of the General Assembly of the Commonwealth of Pennsylvania as expressed in Section 2 of the Act. To have and to hold this Deed of Agricultural Conservation Easement unto the Grantees, their successors and assigns in perpetuity. AND the Grantor, for himself, his heirs, executors, administrators, successors and assigns does specially warrant the agricultural conservation easement hereby granted. 5 IN WITNESS WHEREOF, the undersigned have duly executed this Deed on the day first written above. GRANTOR Witness: _____________________________ [Seal] _____________________________ _____________________________ [Seal] _____________________________ _____________________________ [Seal] _____________________________ [Seal] 6 ACKNOWLEDGMENT COUNTY OF SS: COMMONWEALTH OF PENNSYLVANIA On this _____________ day of ____________________ , _________ , before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the City of ____________________________ personally appeared the above named __________________________ and _____________________________, and in due form of law acknowledged the above Deed of Agricultural Conservation Easement to be their voluntary act and deed, and desired the same to be recorded as such. WITNESS my hand and Notarial Seal the day and year aforesaid. ________________________________ Notary Public My Commission expires: 7