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Home My WebLink About05-21-15 (2) � 1505614134 EX(03-14)(FI) REV-1500 Bureau of individual Taxes County Code Year File Number Po Box 2soso� INHERITANCE TAX RETURN 2 1 1 5 0 0 4 7 Harrisbur9, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY 0 1 0 3 2 0 1 5 1 1 0 9 1 9 2 0 DecedenYs Last Name Su�x DecedenYs First Name MI S T R O C K R U T H A (If Applicable)Enter Surviving Spouse's Information Below Spouse's Last Name Su�x Spouse's First Name MI THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW a 1.Original Return � 2.Supplemental Return � 3. Remainder Return(date of death Prior to 12-13-82) � 4.Agriculture Exemption � 5. Future Interest Compromise(date of � 6. Federal Estate Tax Return Required (date of death on or after 7-1-2012) death after 12-12-82) ❑X 7. Decedent Died Testate � 8. Decedent Maintained a Living Trust � 9.Total Number of Safe Deposit Boxes (Attach copy of will.) (Attach copy of trust.) � 10. Litigation Proceeds Received � 11. Non-Probate Transferee Return � 12. Deferral/Election of Spousal Trusts (Schedule F and G Assets only) ❑ 13.Business Assets ❑ 14. Spouse is Sole Beneficiary (No trust involved) CORRESPONDENT-THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULO BE DIRECTED T0: Name Daytime Telephone Number DAVI D R . GAL LOWAY 71 7 697 4700 First Line of Address WALTERS & GALLOWAY , PLLC Second Line of Address 54 E . MAI N ST �-�.� City or Post Office State ZIP Code � :'� M E C H A N I C S B U R G P A 1 7 0 5 5 _ o � � � � '``' n :�- � � °� (� t � � ,r} %17 Correspondent's e-maii address: DAVID@WALTERSGALLOWAY.COM � � , `!' � ` ' ,.� �-.._ N �-;7 , , , �� .. .,.., � .., �_...,9 REGISTER OF V1lILLS USE ONLY � •7 - � _.,� .,:4 _,� REGISTER OF WILLS USE ONLY ..-� ,� � '��1 DATE FILED MMDDYYYY �� : ``:� �J _,. N � ._ ,. � �, ��'� �� E- ..� DATE FILED STAMP PLEASE USE ORIGINAL FORM ONLY Side 1 I IIIIII IIIII IIIII IIIII IIIII III�I IIIII IIIII IIII)II�II IIII III) � 1505614134 1505614134 (. o um.i � ■u . � � 1505614234 REV-1500 EX(FI) Decedent's Social Security Number Decedenrs Name: RUTH A. STROCK RECAPITULATION 1. Real Estate(Schedule A) �� , � � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Stocks and Bonds(Schedule B) 2 � 6 0 $ 3 ' 5 � .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Closely Held Corporation,Partnership or Sole-Proprietorship(Schedule C) . . . . . 3. • 4. Mortgages and Notes Receivable(Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . 4. • 5. Cash,Bank Deposits and Miscellaneous Personal Property(Schedule E). . . . . . . 5. 3 � � 3 , � 5 6. Jointly Owned Property(Schedule F) ❑ Separate Billing Requested . . . . . . . 6. � 4 7 2 , 3 6 7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property O , O O (Schedule G) � Separate Billing Requested . . . . . . . 7. 8. Total Gross Assets(total Lines 1 through 7) . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 2 0 5 6 $ , 9 1 9. Funeral Expenses and Administrative Costs(Schedule H) . . . . . . . . . . . . . . . . . . 9� � 7 9 1 6 , rJ 2 10. Debts of Decedent,Mortgage Liabilities,and Liens(Schedule I) . . . . . . . . . . . . . 10. 7 � � • � 9 ��. Total Deductions(total Lines 9 and 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. � 8 6 2 6 . 7 � 12. Net Value of Estate(Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. � 9 4 2 . 2 0 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made(Schedule J) . . . . . . . . . . . . . . . . . . . . . . 13, . 14. Net Value Subject to Tax(Line 12 minus Line 13) . . . . . . . . . . . . . . . . . . . . . . 14. � 9 4 2 . 2 � TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate,or transfers under Sec.9116 (a)(1.2)X.0 _ � . � O 15. O . � � 16. Amount of Line 14 taxable at�inea�rate X.045 1 9 4 2 . 2 0 �6. 8 7 . 4 0 17. Amount of Line 14 taxable at sibling rate X.12 � • � � 1�. � • � � 18. Amount of Line 14 taxable at collateral rate X.15 � • � � 1 g. O • � 0 19. TAX DUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 $ 7 . 4 � 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ❑ Under penalties of perjury,I declare I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief, it is true,correct and complete.Oeclaration of preparer other than the person responsible for filing the return is based on all information of which preparer has any knowledge. SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN DATE ADDRESS ER OTHER THAN PERSON RESPONSIBLE FOR FILING THE RETURN DA� 5 /� ADDRESS DAVID R. G LOWAY 54 E. MAIN ST. MECHANICSBURG PA 17055 I(IIIII IIIII IIII)(IIII IIIII III'I IIIII II'II IIIII IIIII IIII IIII Side 2 � 1505614234 1505614234 J Continuation of REV-1500 Inheritance Tax Return Resident Decedent RUTH A. STROCK 21 15 0047 DecedenYs Name Page 2 File Number Correspondents Name Daytime Telephone Number G . N E V I N S T R OC K First line of address 9 3 4 M O Y E R S S T A T I O N R D Second line of address City or Post Office State ZIP Code S C H U Y � K I L L H A V E N P A 1 7 9 7 2 CorrespondenYs e-mail address: Under penalties of perjury,I declare that I have examined this retum,including accompanying schedules and statements,and to the best of my knowledge and belief, it is true,correct and complete.Declaration of preparer other than the personal representaUve is based on all information of which preparer has any knowledge. SIGNATURE OF�ERSON RESPONSIBLE�O/R FILING RE�RN � ��T � Q, 7 O �1^ �J (�/t� Name Daytime Telephone Number B A R R Y L . S T R OC K First line of address 8 1 5 W I L L I A M S G R O V E R D Second line of address City or Post Office State ZIP Code M E C H A N I C S B U R G P A 1 7 0 5 5 CorrespondenYs e-mail address: Under penalties of perjury,I declare that I have examined this retum,induding accompanying schedules and statements,and to the best of my knowledge and belief, it is true,coRect and complete.Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE RSON RESP IBLE F F ING TURN DATEJ _`q_ �� REV-1500 EX (FI) Page 3 File Number Decedent's Complete Address: 2� 15 0047 DECEDENT'S NAME RUTH A. STROCK ---- STREET ADDRESS 815 WILLIAMS GROVE RD _.__—._ CITY STATE Z�P I-- MECHANICSBURG ' PA 17055 Tax Payments and Credits: 1. Tax Due(Page 2,Line 19) (1) 87.40 2. CreditslPayments A.Prior Payments B.Discount (See instructions.) Total Credits(A+B) (2) 0.00 3. Interest (3) 4. If Line 2 is greater than Line 1 +Line 3,enter the difference.This is the OVERPAYMENT. Fill in oval on Page 2,Line 20 to request a refund. (4) 0.00 5. If Line 1 +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 87.40 Make check payable to: REGISTER OF WILLS, AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred ...................................................................... Q a b. retain the right to designate who shall use the property transferred or its income ............................... c. retain a reversionary interest ............ . . ... . . X . . . . . ............................................................................. d. receive the promise for life of either payments,benefits or care? ....................................................... ❑ � 2. If death occurred after Dec.12,1982,did decedent transfer property within one year of death without receiving adequate consideration? ....................................................................................... � 0 3. Did decedent own an"in trust for"or payable-upon-death bank account or security at his or her death? ......... ❑ ❑X 4. Did decedent own an individual retirement account,annuity or other non-probate property,which contains a beneficiary designation?..................................................................a............................... ❑ 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1,1994,and before Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the suroiving spouse is 3 percent[72 P.S.§9116(a)(1.1)(i)]. For dates of death on or after Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S.§9116(a)(1.1)(ii)].The statute does not exempt a transfer to a surviving spouse from tax,antl the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1,2000: � The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent,an adoptive parent or a step-parent of the child is 0 percent[72 P.S.§9116(a)(1.2)]. • The tax rate imposed on the net value of transfers to or for the use of the decedenYs lineal beneficiaries is 4.5 percent,except as noted in [72 P.S.§9116(a)(1)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent[72 P.S.§9116(a)(1.3)].A sibling is defined, under Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption. REV-1197(5-13) pennsylvania SCHEDULE AU DEPARTMENT OF REVENUE AG RI C U LTU RAL U S E BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION EX E M PT I O N S PO BOX 280601 HARRISBURG PA 1712&0601 ESTATE OF: RUTH A. STROCK FILE NUMBER: 21 15 0047 Use this schedule to report real estate for which you ciaim an exemption from inheritance tax under the"Farmland -Other" Exemption (72 P.S. § 9111(s.1)) or the"Business of Agriculture" Exemption (72 P.S. § 9111(s)). Check the box below next to the exemption you are claiming (select only one): �X Business of Agriculture Exemption ❑ Farmland -Other Exemption Complete Parts 1 and 2 of this form. Agricultural Conservation Easement; Agricultural Reserve; Agricultural Commodity; Agricultural Use Property; or Forest Reserve (Definitions on back of form). Complete Pa�t 1 and check the applicable cateqory on the back of this form. Attach a written statement explaining in detail how the real estate qualifies for the claimed exemption. In addition, if you are claiming an exemption for any structure affixed to the real estate, identify the structure and explain in detail how each structure qualifies for the claimed exemption. Structures affixed to the real estate that do not qualify for an exemption must be valued and reported on Schedule A to the Inheritance Tax Return. Please also attach all supporting documents with the written statement, including the county assessment card. Failure to provide this information may result in a denial of the claimed exemption or a delay in processing your return. PART 1: PROPERTY fNFORMATIQN Property Parcel Identification Number: 42-10-0644-017 Percentage of Parcel Exempted: 105.489 _ — Date of Death value under 72 P.S. § 9121: $589,900.00 ___ Physical Location: 815 WILLIAMS GROVE RD MECHANICSBURG CUMBERLAND STREET ADDRESS(DO NOT REPORT P.O.BOX) CITY COUNTY PART 2� OWNER(S)'S INFORMATION ' Provide the name and mailing address of all transferees of the real estate listed above (attach additional sheets if necessary): BARRY L. STROCK SON LINDA B. STROCK DAUGHTER-IN-LAW OWNER NAME RELATIONSHIP TO DECEDENT OWNER NAME RELATIONSHIP TO DECEDENT 815 WILLIAMS GROVE RD 815 WILLIAMS GROVE RD MAILING ADDRESS MAI�ING ADDRESS MECHANICSBURG PA 17055 MECHANICSBURG PA 17055 ��Ty STATE ZIP CITY STATE ZIP OWNER NAME RELATIONSHIP TO DECEDENT OWNER NAME RELATIONSHIP TO DECEDENT MAILING ADDRESS MAILING ADDRESS CITY STATE ZIP CITY STATE ZIP Farmland - Other Exemption Categories and De�nitions: If claiming the "Farmland - Other" exemption, indicate the category below the real estate identified on this form qualifies: ❑ Agricultural Commodity -Any and all plant and animal products, including Christmas trees produced in Pennsylvania for commercial purposes. �X Agricultural Conservation Easement-An interest in land, less than fee simple, which interest represents the right to prevent the development or improvement of a parcel for any purpose other than agricultural production. The easement may be granted by the owner of the fee simple to any third party or to the Commonwealth, to a county governing body, or to a unit of local government. It shall be granted in perpetuity as the equivalent of covenants running with the land. The exercise or failure to exercise any right granted by the easement shall not be deemed to be management or control of activities at the site for purposes of enforcement of the act of October 18, 1988 (P.L 756, No. 108), known as the "Hazardous Sites Cleanup Act" ❑ Agricultural Reserve - Noncommercial open space lands used for outdoor recreation or the enjoyment of scenic or natural beauty and open to the public for such use, without charge or fee, on a nondiscriminatory basis. ❑ Agricultural Use Property - Land used for the purpose of producing an agricultural commodity or devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federat government. ❑ Forest Reserve - Land of 10 acres or more, that is stocked by forest trees of any size and capable of producing timber or other wood products. Business of Agriculture Exemption - Annual Certification To maintain the "Business of Agriculture" exemption, each member of the same family who has inherited real estate for which the business of agriculture exemption was claimed is required to certify to the department that the real estate still qualifies for the Business of Agriculture Exemption" for a period of seven years beyond the decedent's date of death. If during the seven-year post-death period the real estate ceases to be used in the business of agriculture at any point or does not generate a minimum of $2,000 of gross income in any year, the owner(s) must notify the department within 30 days of such occurrence and will be liable for inheritance tax in the amount that would have been paid on the fair market value of the real estate as of the date of the decedent's death, plus interest. The department will supply the owners with the annual certification form. Exptanation of Real Estate Qualification for Exemption See attached Deed of Agricultural Conservation Easement to the Commonwealth of Pennsylvania and a County Jointly in Perpetuity dated 04/27/2009. 1 IW.0 ..II �I.�I. � Agricultural Use Exemption Business of Agriculture Exemption On April 27, 2009, Barry L. Strock, Linda B. Strock and Ruth A. Strock(Decedent), entered into a Deed of Agricultural Conservation Easement to the Commonwealth of Pennsylvania and Cumberland County, for the property of 815 Willams Grove Rd., Mechanicsburg, PA containing 105.489 acres. The property was transferred from Decedent to Barry L. Strock by deed dated December 19, 2000, and then conveyed between Barry and his wife, Linda, by deed dated June 21, 2007, which included a Life Estate for Decedent to maintain the homestead residence. The property was devoted to the business of�agriculture at the time of Decedent's death. The property is currently and will continue to be devoted to the business of agriculture for a period of seven (7) years after Decedent's date of death. During the term of the easement, the land will be solely used for the production of commercial purposes of crops, equine, livestock and livestock products, including the processing or retail marketing of such. The business gross income is at least$2,000 annually. At the time of Easement, the property consisted of one primary residence where the owners reside, 6 sheds, a barn, and 2 silos all utilized for the business of Agriculture. The construction or use of any building or other structure on the subject land other than those existing on the date of the recording of the Deed is prohibited with the exception of fences and one additional residential structure. REV-1503 EX+(8-12) pennsylvania SCHEDULE B DEPARTMENTOFREVENUE STOCKS & BONDS INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER RUTH A. STROCK 21 15 0047 Ali property jointly owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. PNC FINANCIAL SERVICES GROUP 7,415.26 82 Shares at$90.43 2. Federated Gove�nment Obligations Fund SS 40.34 40.340 Shares at$1.00 3. PNC 8,627.90 95 Shares at$90.82 TOTAL(Also enter on Line 2,Recapitulation) $ 16 083.50 If more space is needed,insert additional sheets of the same size REV-1508 EX+(08-12) pennsylvania SCHEDULE E DEPARTMENTOFREVENUE CASH, BANK DEPOSITS 8� MISC. INHERITANCETAXRETURN pERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF: FILE NUMBER: RUTH A. STROCK 21 15 0047 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointiy owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. PERSONAL PROPERTY(Not Sold) 2,140.00 APPRAISED VALUE BY CHUCK BRICKER,AUCTIONEER 2. REPUBLIC SERVICES, INC 45.45 TRASH SERVICE REFUND 3. COMCAST CABLE 10.34 REFUND 4. QUANTAM IMAGING &THERAPEUTIC ASSOCATION, INC. 9•76 REFUND 5. PERSONAL PROPERTY(Sold) 807.50 GROSS AUCTION SALE BY ROWE'S AUCTION SERVICES TOTAL(Also enter on Line 5,Recapitulation) $ 3 013.05 If more space is needed, use additional sheets of paper of the same size. REV-1509 EX+(01-10) pennsylvania SCHEDULE F DEPARTMENT OF REVENUE ,101NTLY-OWNED PROPERTY INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: RUTH A. STROCK 21 15 0047 If an asset was made jointly ovmed within one year of the decedenYs date of death,it must be reported on Schedule G. SURVIVING JOINT TENANT(S)NAME(S) ADDRESS RELATIONSHIP TO DECEDENT A. NANCY C. RYDER 106 MANOR DR DAUGHTER DILLSBURG, PA 17019 g. C. JOINTLY-OWNED PROPERTY: LETTER DATE DESCRIPTION OF PROPERTY %OF DATE OF DEATH ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR DATE OF DEATH DECEDENT'S VALUE OF NUMBER TENANT JOINT IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE. VALUE OF ASSET INTEREST DECEDENT'S INTEREST �, q. PNC BANK 2,944.72 50. 1,472.36 CHECKING ACCT-x7473 TOTAL(Also enter on Line 6,Recapitulation) 3 1 472.36 If more space is needed,use additional sheets of paper of the same size. REV-1511 EX+(08-13) pennsylvania SCHEDULE H DEPARTMENTOFREVENUE FUNERAL EXPENSES AND INHERITANCETAXRETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER RUTH A. STROCK 21 15 0047 DecedenYs debts must be reported on Schedule[. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. MALPEZZI FUNERAL HOME 11,844.56 2. GINGRICH MEMORIALS 175.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative Commissions: 1. Name(s)of Personal Representative(s) G. NEVIN STROCK (waived) 0.00 StreetAddress g34 MOYERS STATION RD City SCHUYLKILL HAVEN State PA zIp 17972 Year(s)Commission Paid: 2 Attomey Fees: WALTERS&GALLOWAY, PLLC 1,250.00 3, Family Exemption:(If decedenYs address is not the same as claimanYs,attach explanation.) 3,500.00 Claimant BARRY STROCK SUeetAddress 815 WILLIAMS GROVE RD. City MECHANICSBURG State Pp► z�P 17055 Relationship of Ciaimant to Decedent SON 4. Probate Fees: REGISTER OF WILLS,CUMBERLAND COUNTY 170.50 5. AccountantFees: PREPARATION OF PA-41 &1041 (Reserved) 500.00 6. Tax Retum Preparer Fees: PA FARM BUREAU MSU 190.00 2014 PERSONAL INCOME TAXES 7. COMPUTERSHARE-Sale of Stock 286.46 TOTAL(Aiso enter on Line 9,Recapitulation) $ 17 916.52 If more space is needed,use addi6onal sheets of paper of the same size. Continuation of REV-1500 Inheritance Tax Return Resident Decedent RUTH A. STROCK 21 15 0047 DecedenYs Name Page 1 File Number Schedule H - Funeral Expenses 8�Administrative Costs - 61 ITEM NUMBER DESCRIPTION AMOUNT B. ADMINISTRATIVE COSTS: Personal Representative Commissions: 2- Name(s)of Personal Representative(s) BARRY L. STROCK (wavied) 0.00 StreetAddress 815 WILLIAMS GROVE RD City MECHANICSBURG State PA► zIP 17055 Year(s)Commission Paid: SUBTOTAL SCHEDULE H-61 REV-1512 EX+(12-12) pennsylvania SCHEDULE I DEPARTMENT OF REVENUE DEBTS OF DECEDENT� INHERITANCETAXRETURN MORTGAGE LIABILITIES 8� LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER RUTH A. STROCK 21 15 0047 Report debts incurred by the decedent prior to death that remained unpaid at the date of death,including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. CHUCK BRICKER,AUCTIONEER 120.00 APPRAISAL OF PERSONAL PROPERTY 2. PPL ELECTRIC UTILITIES 282.45 3. PULMONARY&CRITICAL CARE M 38.86 MEDICAL 4. ROWE'S AUCTION SERVICES 201.88 COMMISSION 5. 2014 PA PERSONAL INCOME TAX- Paid 67.00 TOTAL(Also enter on Line 10,Recapitulation) $ 710.19 If more space is needed, insert additional sheets of the same size. REV-1513 EX+(01-10) pennsylvania SCHEDULE J DEPARTMENT OF REVENUE BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: RUTH A. STROCK 21 15 0047 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S)RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under Sec.9116(a)(1.2).] 1. GEORGE N. STROCK Lineal 20.00 934 MOYERS STATION R� SCHUYLKILL HAVEN, PA 17972 2. BARRY L. STROCK Lineal 20.00 815 WILLIAMS GROVE RD MECHANICSBURG, PA 17055 3. ROSALIE A. GREEN Lineal 20.00 361 YORK RD CARLISLE, PA 17013 4. NANCY RYDER Lineal 20.00 106 MANOR DR DILLSBURG, PA 17019 5. JUDY HOCH Lineal 20.00 132 HOLTRY RD SHIPPENSBURG, PA 17257 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE. II. NON-TAXABLE DISTRIBUTIONS: A.SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: 1. B.CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: 1. TOTAL OF PART II-ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $ If more space is needed,use additional sheets of paper of the same size. � �l � � �►��`._�t' ��.JU �,.,= �(�, 001 DDF Prepared Bv- Return To- IJPI# 42-10-0644-017 DPERJF(6-2006) EXHIBIT"C" DEED OF AGRiCULTURAL CONSERVATION EASEMENT TO THE COMMONWEALTH OF PENNSYLVANIA AND A COUNTY JOINTLY IN PER.PETUITY THIS DEED OF AGRICULTURAL CONSERVATION EASEMENT, made this 27th day of April , 2009 , by and between Barry L.Strock,Linda B.Strock and Ruth A.Strock (hereinafter, "Grantor") and the Commonwealth of �" Pennsylvania and the Counry of Cumberland , Pennsylvania (hereinafter collectively referred to as "Grantees") in joint ownership pursuant to the Agricultural Area Securiry 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 Upper Allen Towuship, Cumberland County, Pennsylvania more 3 particularly describcd in E�ibit "A" attached hereto consisting of 105.489 acres and all buildings and improvements erected thcreon("the subject land"}; \ � AND WHEREAS, the State Agricultural Land Preservation Board has determined to purchase an agricultural conservation easement in the subject land pursuant to the Act; AND WHEREAS, the Agricultural Land Preservation Board of Cumberland County, Pennsylvania has determincd to purchase an agricultvral conservation easement in the subject land pursuant to the Act; AND WHEREAS, all holders of liens or other encumbrances upon the subject laad have agreed to release or subordinate their interests in the subject land to this Deed of Aaricultural Conservation Easement and to refrain from any action inconsistent with its purpose; NOW THEREFORE, in consideration of the sum of $ 421,956.00 dollars, the receipt and sufficiency of which is hereby aclrnowledged,Grantor does voluntarily grant,bargain and sell, and convey to the Commonweaith of Pennsylvania as 81 percent joint owner and the County of Cumberland , Pennsylvania as 19 percent joint owner, their successors and assigns, (hereinafter "Grantees"} and the Grantees voluntarily accept, an agricuitural conservation easement in the subject land, under and subject to the Act and the following terms and conditions: ..�..i.m-n n��r�r... . 1. Permitted Acts - During the term of the agricultural conservation eascmcnt 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 snbject land (hereinafter"agricultural producrion"). For purpose of this Deed, "crops, equine, livestock and livestock products" include, but are not (imited to: (a) Field crops, including com, wheat, oats, rye, barley, soybeans, speltz, buckwheat, hay,potatoes and dry beans; (b) Fruits, including apples,peaches,grapes,cherries,pears and bcrries; (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, includiug cattle, sheep, hogs, goats,horses,poultry, furbearing animals,milk, eggs,and furs; (� Timber, wood and other wood products derived from trees; and (g) Aquatic plants and animals and their byproducts. (h) Commerciai equine activity including boarding of equine, training of equinc, 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." Except as permitted in this Dced, neither Grantor nor his agents, heirs, executors, administrators, successors and assigns, nor any person, partnership, corporation or other entity ctaiming title under or through Grantor, or their agents, shall suffer, permit, or perform an activity on the subject land other than agricultural production or commercial equine activities. 2. Construcrion of Buildin�s and Other Structures - The constructiou 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 protecrion of watercourses such as lakes,streams,springs and reservoirs is permitted. (b) The construction of one additional residenrial structure is pemutted if: (i) Thc 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 tand at any time since the delivery of the Deed, 2 � (iii) The residential structure and its curtilage occupy no more than two acres of the restrictcd land,and (iv) The location of the residenrial 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 Agriculturat Conservation Easement Purchase Program approved by the State Board imposes such a restriction. (d) The replacement of a residential structurc cxisting on the restricted land on the date of the granting of the easement is permitted if the prccxisting residential structure is razed or rcmoved and the replacement residentiai structure is erected within the curtilage of the residential structure it replaces. (e) The renovation or modification of an existing residential structure, or an addition to an existing residential stxucture, is pemutted if it would not increase the curtilage of the residential structure. (t} 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-T'he land under the Agricultural Conscrvation Easement is subject to the Subdivision Guidelines of the County of Cumberland ,Agricultural Land Preservation Program, approved by the State Agricultural Land Preservation Board on February 22nd , year of 1996 , as may be attached hereto. If the subject land is subdivided, the Dceds to all of the subdivided parcels shall state on which of the subdivided parcels the residential structure pernutted by this Decd may be constructed. Deeds to all other parcels shall recite that no additional residential structure is pernutted. 4. Urilities - The granting of rights-of-way by the Grantor, his heirs, executors, administrators, successors and assigns, or any person, partncrship, corporation or other entity claiming title under or through Grantor in and through the subject land for the instaltation, transportation,or usc of, lines for water,sewage,electric,telephone, coal by underground mining mcthods, 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 typc statcd in this paragraph is prohibited on the subjcct land. 5. Minin - The granting of leases, assignments or other conveyances or the issuing of permits, licenses or othcr authorization for the exptoration, development, storage or removal of coal by underground mining methods, oil and gas by the owner of the subject land or the owncr of the undcrlying coal by underground mining methods, oil and gas or the owner of the rights to develop the underlying coal by underground mining methods, oi( and gas, or the development of 3 appurtenant facilities reiated 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 Ente�rises - Customary part-time or off-season minor or rural enteiprises and activities which are provided for in the County Agricuttural Easement Purchase Program approved by the State Board are permitted. 7. Soil and Water Conservation - All agricultural production or commercial cquine activity on the subject land shall be conducted in accordance with a conservation plan approved by the County Canservation District or the County Board. Such plan shall be updated upon any change in the basic type of agricultura! production or commercial equine activity being conducted on the subject land. In addition to the requirements established by the County Conservation District or the County Board, the conscrvation plan shall include an installation schedule and maintenance program and a nuh-ient management component which, when completely implemented, will improvc and maintain the soil, water and related plant and animal resources of the land and shall requirc 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 c�mmercial equine activities on the land is conducted in a location and manner that preserves the viability of the subject land for agricultural production or commercial equine activiry. As part of the settiement documents, the executed Conservation Plan Agreement shall be recorded with the Deed of Easement at the County Recorder of Deeds. 8. Resaonsibilities of Grantor Not Affected - Except as specified herein, this Deed does not impase any legal or other responsibility on the Grantee, its succcssors or assigns. Grantor shall continue to be solcly responsible for payment of all taxes and assessmenu levied against the subject land and all improvements erected thereon. Grantor shall continue to be solely responsible for the maintenance of the subject tand and all improvements erected thereon. Grantor acknowledges that Grantee has no knowledge or noticc of any hazardous wastc 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 ihe subject land for purposes of enforcement of the Act of October 18, 1988, (P.L. 756, No. ld8),known as the Hazardous Sites Cleanup Act. Grantor, his heirs, executors,administrators,successors or assigns agree to hold harmless, indemnify and defend Grantec, its successors or assigns from and against all liabilities and expcnses arising from or in any way connccted with all claims, damages, losses, costs or expenses, including reasonable attomeys fees, resulting from a violarion or alleged violation of any State or Federal environmental statute or regulation including, but not limited to, statutes or regulations conceming the storage or disposal of hazardous or toxic chemicals or materials. 4 9. Enforcement—Annually, Grantee, its successors, assi�s 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 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. Grantee, its successors, assigns or designees shall also have the right to inspect the subject tand at any time, without prior notice, if Grantee has reasonable cause to believe the provisions of this Deed have been or are being violated. Grantor acknowledges that any violation of the terms of this Deed shall entitle Grantee, its successors,assigns or designees to obtain an injunction against sucb 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 attomey's fees. Such relief may be sought joint[y,severally,or serially. 10. Duration of Easement—The a�culturai conservation easement created by this Deed shall be a covenant runnin�with the land and shall be effective in perpetuity. Every provision of this Deed applicable to Grantor shalt apply to Grantor's heirs, executors, administrators, successors, assigns,agents,and any person, partnership,corparation or other entity claiming titie under or through Grantor. 11. Convevance or Transfer of the SubLect Land — Grantor, his heirs, executors, administrators, successors or assigns, and any person, partaership, corporation, or other entity claiming title under or through Grantor,shalt,within thirty(30)days of a change in ownership or within any lesser period prescribed in the county pragram, notify the county agricultural land preservation board and the Pennsylvania Department of Agriculture in wriring of any conveyance of transfer of ownership of the subject land. Such notificarion 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 transfened,aud 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. Aanlicabilitv- Every Qrovision 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. S 13. Interpretafion—This Deed shall be interpreted under the laws of the CommonweaIth of Pennsylvania. For purposes of interpretafzon, no party to this Deed shall be considered to be the drafter of the�Deed. AlI provisions of tfiis Deed aie�intended, and s�at1 be intecpreted, to effectuate the infent of the Generai Assembly. of the Commonwealth of �Pennsylvania. as expressed in Section 2 of the Ac�" � . . . � . Grantor{s) acknowledge that.the Agricultiu�al Consecvation Easement purchase is or will . be funded, in part, with funds &om the United States Department of Agriculture, Farm and Ranch Lands Protection Prograrn (FRPP) (I6U.S.C.3838h and 3838i), administered by the Natural Resources Canservation Service (NRCS};and�.for this reason an Addendum is a[tached to this Deed of Agricultiu�at Conservafion Easement prescribing FRPP standaids and conditions � applicable to the Agriculturai Conservation Easement The stendards aad conditions of that Addendum are attached as Exhibit"A"and incorparated inta this Deed as if set forth at length.. To have and to hold this Deed of Agricultural Conservation Ea_sement u�+t� the�Grantee, . its successors aad assigns in perpefuity. . . . AND the.Grantor, for hi.mself,his hei�, execufors,administrators,s�iccessors and assigns does specialty warrant the agricultural conservation easement hereby granted. IN WITNESS WHEREOF, the undersigned have duIy executed this Deed on the day first � written above.� � . � - GRANTOR � � . Witness: � . � [Seat) - . 6A�.R . ��e�c . . � Seal] . : ,��.v � a.��'r�vcac . J.�.��- �% :��,�/jSeai] . � rEurr+ 4. �r�cC,t . . - - �� ' . 6 . ACKNOWLEDGMENT � COLTNTY OF Cumberland SS: COMMONWEALTf-i OF PENNSYLVANIA On this 27th day of Aprit , 20 09 , before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the City of Carlisle personalty appeared the above named Barry L. Strock, Linda B. Streck and R.uth A. Strock , and in due form of law actaiowledged the above Deed of Agricuttural Conservation Easement to be their votuntary act and deed,and desired the same to be recorded as such. WITNESS my hand and Notarial Seal the day and year aforesaid. _:''�� '.-`i`�n�1.;;,; �j,��-`�..:.�.;• . "J�\��6�.�`��dw� �?% _ •:;. ..,_y�:::`'.i`�.`;�i;<., - �� '` •�.;: `�:`• �:-- r«.•. _A::.�; .�` ,;�'`-: . � .1,•;' 1, ��4 , � :;;: �,;: - .�-�: _:.:.� Notary Public �- :�•;:'�,`- . - . y n. .' � �.��, .. . . My Commission expires: - .. . � �--.----�. �� 'R�tX�cr.,nv►p► �,�d Csf�e G�"�� u�4. 2010 7 .o.�.i.m ia n��r�r�r.� R ALL of the following tract of land situated in Upper A!!en Township, Cumberland County, Pennsylvania, pursuant to a Property Survey for Barry L. Strock and Linda B. Strock prepared by Eric L. Diffenbaugh, dated October 23, 2008, recorded herewith, as fo/lows: BEGINNING at a set railroad spike in the centerline of Winding Hill Road, said point being at the northeast corner of lands now or formerly Vance L. Weber; thence along said lands of Weber and lands now or formerly of The Townsh;p Of Upper Rllen, leffrey R. and KelJy 5. Coste//o, Knepper Drive Rrght-Of-Way, John R. and Terry L. King, Richa�d A. and Kristine M. Gentile, Donald L, and Martha D. Sutherlen, Michael D. and Milagros V. Porter, and Ray A and Maryann Brubaker North 63 degrees 34 minutes 41 seconds West a distance of 2,437.71 feet to a set parker kalon nail in the center line of Wi!liams Grove Road and along the easterly property line of lands now or formerly of Reza G. and Helga M. Azizkhan; thence along said lands of Azizkhan North 27 degrees 07 minutes 17 seconds East a distance of 567.58 feet to a existing iron pin; thence continuing along the same North 38 deg�ees 51 minutes 26 seconds West a distance of 38.70 feet to a existing iron pin at the southern corner of lands now or formerly of Donald L. Srrock Living Trust and along the easterly right-of-way /ine of Williams Grove Road; thence a/ong said right-of-way line by line curving to the left, having a radius 1940.08 feet, an arc length of 63.00 feer, a chord bearing of North 11 degrees 30 minutes 55 seconds East, and a thord length of 63.00 to a set iron pin at said right-of-way and the southwest corner of lands now or formerly of Clyde L. and Mabel L. Strock; thence along said lands of Strock South 61 degrees 16 minutes 03 seconds East a distance of 51.15 feet to a set iron pin; thence continuing along the same and passing through an existing iron pin 1136.86 feet f�om said set iron pin being the northeast corner of said lands of Strock and continuing along other lands now or formerly of Clyde L. and Mabe!L. Strock; North Z6 degrees 13 minutes 57 seconds East a distance of 1186.91 feet to an existing pipe in concrete; thence con[inuing along the same South 67 degrees 44 minutes IS seconds East a distance of 2,393.09 feet to an existing iron pin at the northwest corner of lands now or formeriy of Robert L. Signor III; rhence along said lands of Signor South 25 degrees 23 minutes 11 seconds West a distance of 810.99 feet to a set iron pin; thence continuing along the same South 65 degrees 33 minutes 54 seconds East a distance of 9.73 feet to an existing iron pin at or near the westerly right-of-way of Winding Hi!!Road; thence along and through Winding Hill Road South 25 degrees 21 minutes 15 seconds West a distance of 656.93 feer to a set railroad spike in the centerline of said road and at the northeast corner of land now or formerly of Barry L. Strock; thence along said lands of Strock IVorth 64 degrees 44 minutes 33 seconds West a distance of 180.00 feet to a set iron pin; thence continuing along the same South 25 degrees IS minuces 27 seconds West a distance of IS0.00 feet to an existing iron pin; thence continuing along the same and passing through an existing iron pin 149.75 feet from said existing iron pin South 64 degrees 44 minutes 33 seconds East a distance of I80.00 feet to a se[railroad spike in the centerline of Winding Hill Road; thence along said centerline South 25 degrees 09 minutes 36 seconds West a distance of 385.82 feet to a set railroad spike the POINT OF BEGINNING, Containing 105.4890 Acres BEIIVG THE REM.4INING PREMISES which Barry L. Strock, married man, and The George W. Strock Family Trust by their Deed dated June 21, 2007, and reco�ded June 27, 2007, in the Ot9`'ice of the Rernrder of Deeds in and for Cumberfand County, at CarlisJe, Pennsylvania, in Deed Book 280, Page 3332, granted and conveyed unto 8arry L. Strock and Linda B. Strock. �xhl�'jl� �� Commoi�wealth of Pennsylvania County of Cumberland Conservation Pla�i Agreement Landowner or Operator: Barrv& Linda Strock Address: 815 Williams Grove Rad City: Mechanicsbur� State: PA Zip: 170�5 Telepho�ie: To�vnship: Upper Allen Fasemcnt Acreage: 105.489 WNEREAS,the Deed of Agricultural Conservation Gasement requires that alt agricultural production on the subject land shall be condueted in accordance witli a Conservation Plan; WHEREAS,a Conservation Plan fortt_he subject land has been prepared by /�/[� C S � �(� �S�D�� f�/�(� ��i1��f,dated lU '��7—O�' ,and identified as plan number_ �S 8 � — 3y D L and a copy of which is maintained in the landowners file documentation in both the County Agricultural Land Preservation Board ot�ice and the Pennsylvania Department of Agriculture, $ureau of Fannla�td Preservation Office,as required by Act 43 and Chapter 138e. Rules and Regu(ations: WHEKEAS, the Grantor(s)do hereby agree to voluntarily accept the terms of the Conservation Plan and implement the said plan accordina to the implementation schedule contained in the plan; NOW `I'HEREFORE, this plaa conforms to the technical requirements of the local NRCS Fiefd Office Technical Guide(FOTG)and the terms of the Deed of Agricu(tural Conservation Easement. AND, ln Witness Wl�ereof,the undersi�ned have aareed to the following: [/We ackno�vledge and agree to comply�vith tl�e conservation practices and implementation schedules as �vritten and agreed upon prior to settlement on the easement, as indicated in the Conservation Plan identified as Plan No. �5 � �Z for Tract(s)No. � �a Z If the management of operation of this property changes, [/We will contact the County Board and/or conservation plan preparer to modify the Conservation Plan as necessary. [/We hereby agree to give permission to the plan preparer to release a copy of said plan, as well as any updates to that plan,on an as needed basis to the County Board office and the Bureau of Farmland Preservation. �-� -�.� �� ,-� � v�� ' �1 r5/�� Operat ner Date Wi ss T Date � / - ��?� �-�-(��'_?n �,�'�,,t�y� � f! I`l��'� Operat wner � Date W itness Date Conservation Plan appf�ve_d by th Cumberland Coun A ricultura[ Land Preservation Board as prepared by 11/�Q C`� L.�l f 1�� rv� v1�C�. n I �� I��,��,� �z1 �,it, � Board Representattve Date 53 ADDENDUM TO THE DEED OF AGRICULTURAL CONSERVATION EASEMENT� THTS DEED OF AGRTCULTLIRAL CONSERVATION EASEMENT to which this document is attached as an Addendum is purchased pursuant to and in accardance with the United States Departinent of Agriculture, Farm and Ranch Lands Protection Program, I6 U.S.C. 3838h and 3838i,administered by the Natural Resources Conservation Service. This Addendum and the Agricultural Conservation Easement, and aIl exhibits to each, shall be collectively referred to as the AgricuItural Conservation Easement or this Deed. In the event a discrepancy arises between this Addendum and the Agricultural Conservation Easement deed,the terms of this Addendum control. A soils map from the sumrnary report used to determine eligibility for participation has been recorded with this Deed. The soils report and summary report estabIish current conditions vn the subject land at the time this Agziculturai Conservation Easement is recorded. WHEREAS: The Farm and Ranch Lands Protection Program's purpose is to purchase conservation easements to protect pzime,unique, and other productive soils from conversion to nonagriculturaI uses. Under the authority of the Fazm and Ranch Land Protection Program, the Natural Resources Conservatian Service(hereinafter referred to as "NRCS" or"the United States") has contributed$ 257 ,625.00 to purchase this Agricultural Conservation Easement on the sub�ect land and thus entitiing the United , States to rights identified herein_ WHEREAS: The subject land consists of primarily productive agricultural land. Approximatelylo0 % of the soils have been classified as pr ime farmiand, and p %have been classified as S�a r e w�d e i m�o r fi a n��d by the NRCS. PURPOSE: The primary purpose of this Agriculturat Conservation Easement is to protect the agricultural soiis, agricultural viability, and agricultural productivity of the Property in perpetuity. No activity that significant�y impairs the subject land's prime, unique and important soiis shall be permitted. A soils map and related soils report is attached to this Agricultural Conservation Easement to guide where development may occur in order to carry out tYus purpose. The referenced soils map and soils report aze attached to this Addendum as Exhibit"1"and are incorporated herein. NOW THEREFORE, in con.sideration of the sum contributed to the purchase of this Agrieultural Conservation Easement through the Fazm and Ranch Lands Protectioa Program, the receipt of sufficiency of which is hereby acknowledged, Grantor does . voluntarily grant,bazgain and sell, and convey to the United States and its assigns the same rights that are granted to [Tribe/State/County/Locai Government/Non-governmental Organization]. � A. PERMTTTED AND PR�HIBITED USES: 1 1. Construc�ion of Buildings and Other Structures: The construction or use of any bnilding or other structure on the subject land other than those existing on tbe date of the recording of this deed is prolubited except for�the folIowing instances as outlined below. Regardless of these exceptions, all existing and newly constructed buildings and structures which contain impervious surfaces, including non-seasonal permanent rooftops and pavement, shall not exceed [5.9� �% of the total area under easement, as determined by the County and Natural Resources Conservation Service. (a) The erection of fences for agricultl.ual production and protection of watercourses such as Iakes, streams, springs and reservoirs is permitted. , (b} The construction af one additional residential structure is permitted if: i. The construction and use of the residential structure is used as the landowner's principal residence or for the puzpose of providing housing for persons employed in farming the sub}ect land on a se�sonal or full- time basis; ii. No other residentiat s�tructure has been constructed on the restricted land at any time since the recording of the Deed; iii. The residennal struclure and its curtilage occupy no more than two acres of the subject land and shall only be subdivided from the property in accordance with paragraph 3 of the deed and Section(A)(2} of this Addendum; iv. The locarion of the residential structure and its ciriveway will not significantly hazm the economic viability of the subject tand for agricultural production; v. The location of tiie residentiai structure shail be sited in a manner that . protects tbe prime,unique, and important soils to the greatest extent practicable; and vi: Approval from the County for such residential structure is obtained prior to siting and constructing the residential structure. � (c) The construction or use of any building or other structure for agriculhual producrion is pemutted, provided that tlze buildings and strtzctures are sited to the greatest eactent practicable in a manner that protects prime,unique, and 'unportant soils and approval from the County is obtained prior to siting and construction. (d) The replacement of a residential structure existing on the subject land on the�date of the granting of the AgriculturaE Conservation Easement is permitted,provided such tocation is sited to the greatest extent practicable in a manner that protects the impact to prime, unique, and important soils and approval from the County is obtained if a location is chosen other than the current location of the residential structui-e. 2. Subdivision: If the county Agriculturai Conservation Easement purchase program aIlows far subdivision of the Property subject to an Agricuitural Conservation Easement, the subdivision shall not ereate any parcel that is not economically viable for agricultural production, as the term is defined in the regulation at 7 Pa Code Section 138e3 as that provision reads as of the date of the recording of this Agricuitural Conservation Easement. . 2 3. Utilities: The granting of rights of way by the Grantor, his heirs, executors, adminis�ators, 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, Iines for water, sewage, electric, telephone, coal by underground mining methods, gas, oiI or oil groducts is pernutted, provided the location of activities and structures, permitted under this provision, is consistent with the agricniturat viability and tt2e protection of soils purposes as articulated in this Agricultural Conservation Easement. The granting of rights of ways includes the right fo construct or instail such Iines,provided any excavation of soiIs to install such lines is returned to the origina! topography promptly upon completion of the construction or instalIation, and methods are taken to control soil erosion. To the greatest extent practicable,such utility rights-of-ways shall be sited to protect the impact to prime, usuque, and iznportant soils. A$er the Agricultural Conservation Easement is recorded, granting of utility rights-of-way on the subject land may only occur through the condemnation process, which is subject to the review by the Agricultural Lands Condemnation Approva! Board in accordance with 3 P.S. Section 913, unless the condemnation is exempt from review under that section. If the proposed condemnation is exempt from review by the Agricultural Lands Approval Board, the Grantees shall give notice of this fact to the Unitec€Sta.tes Department of Agriculture. Due to the federal interest in this Agricultural Conservation Easement, the United States shall be notified as soon as possible by the Grantees of a proposed taking and prior to any condemna#ion approval by the AgricuIturat Lands Condemnation Approval Boazd or successor entity so that the United States may review and/or challenge the proposed taking. T'he construction or installation of utility Iines other than the type stated in this paragraph are prohibited. 4. Mining and DrilIing. The granting of leases, assignments or other conveyances or the issuing of permits, licenses or other conveyances or the issuing of pernuts, Iicenses or other authorization for the explorarion,deveIopment, 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 development of appurtenant facilities related to the removal of coal by underground mining methods, oil or gas development or activities incident to fihe removal or development of such minerals is permitted, provided the location of activities and structur�s,permitted under this provision is consistent with the agricultural viability and the protection of soils purposes as articulated in this Agricultura! Consezvation Easement. In the event underground access to coal veins is necessary and above ground drilling for oil and gas . occurs, the installation of driils, underground mining entrances, and road access shall be permitted,provided that such activities are located and carried out in a manner that protects to the greatest extent practicable prime, unique, and important soils and approval from the Coiznty is obtained prior to instalIation or construction under this section. Any new road access to such sites shall be subject to the impervious surface limitation articulated in Section(A)(1)of the Addendum. 3 5. Rural Enterprises: Customary part-time or off-season minor or rural enterprises and activities which are provided far in the County Agricultural Easement Purchase Program approved by the State Board are permitted. The applicable provisions of the referenced County Agricultural Easement Purchase Program aze attached to this Addendum as Exhibit"2" and are incorporated herein. Any structures required for such part-time or off-season minor or rurat enterprises are subject to the impervious surface liznitation as specified in Section(A)(1); must be located in a manner that protects to the greatest extent practicable prime, unique or important soils; and approval from the county is obtained prior to the construction or installation of such structures. 6. Nlining for On-Farm Use: The excavation of soil, sand, gravel, stone or other materials for on-farni use in agricultural production on the subject land is permitted, provided that such excavation is located in a man.ner that protects to the greatest extent practicable tiie pri.me,unique and important soils; approval from the Couniy is obtained prior to carrying out such activities; and the total disturbed area does not exceed 1 acres, as determined by the County and NRCS. 7. Roads: Existing roads, as identified in the Baseline Documentation of this Agricultural Conservarion Easement,may be maintained and repaired in their current state. New roads may be constructed for pernutted agricultural or residential uses on the subject Iand, provided that they are located in a manner that protects to the greatest extent practicable the prime,unique and important soils; aze subject to the impervious surface limitation detailed in Section(A)(1); and approval from the County is obtained prior to locating and constructing such roads. S. Conservation Plan: A11 agricultural production shall be subject to paragraph 7 of the main body of the Agricultural Conservation Easement deed; however, as a condition;of receiving FRPP funding, the following provisions, at a minimum, must be implemented ' regardless of any other conservation planning provisions contained within the conservation easement deed: AS required by section 1238I of the Food Security Act of 1985, as amended, the Grantor,his heirs, successors, or assigns,shall conduct all agricuitiu�al operations on the Protected Property in a rnanner consistent with a conservation plan prepared in consultation with NRCS and approved by the Conservation District.This conservarion plan shall be developed using the standards and specifications af the NRCS Field Office Technical Guide and 7 CFR part 12 that aze in effect on the date this Deed of Agricultural Conservation Easement is recorded and shall meet all of the requuements of a conservation pian under Pennsylvania's Agricultural Area Security Law(3 P.S. §§ 901-915) and its attendant regulations (7 Pa. Code Chapter 138e)that are in effect on the date tlzis Deed of Agricultural Conservation Easement is recorded. In the event of noncompliance with the conservation plan,NRCS shall work with the Grantor ta explore mefihods of compliance and give the Grantor a 4 reasonable amount of time,not to exceed twelve months, to take corrective � action. If the Grantor does not comply with the conservation plan,NRCS will inform Grantees of the Grantor's noncompliance. The Grantees shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action}to secure compiiance with the conservation pIan following written notification from NRCS that(a) tt�ere is a substantial, ongoing event or circumstance of non-compliance with the conservation plan, (b)NRCS has worked with the Grantor to correct such . noncompIiance, and (c}Grantor has exhausted its appeaI rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Easement based on an Act of Congress,NRCS will work cooperatively witti the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible . land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. B. GENERAL PROVISIONS: 1. Rights of the United States. While under this Conservation Easement, the same rights are granted to the Uruted States that are granted to the [Tribe/State/County/Local GovernmentlNon-goveramental Organization], the Secretary of the United States Department of Agriculture (tize Secretary),on behalf of the United States, will only exercise these rights under the following circumstances: Izi the event that the . [TribelState/County/Local Government/Non-governmental Organization] fails to enforce any of the terms of this Conservation Easement, as determined in the sole discretion of the Secretary, the Secretary and his or her successors or assigns may exercise the United States' righfis to enforce the terms of this Conservation Easement �hhrough any and all authorities available under Federal or State Iaw. ,In the event that the (Tribe/State/County/Locai Goverument/Non-governmental Organization] attempts to tenminate,transfer or otherwise divest itself of any rights, tide, or interests in this Conservation Easement without the prior consent of the Secretary and, if applicabie, payment of consideration to the United States, then, at the option of the Secretary, all right,title, and interest in this Conservation Easement shall become vested solely in the United States of Atnerica. 2. Responsibilities of Grantor Not Affected: Except as specified�herein, this Deed and Addendum does not impose any legal or other responsibilities on the United States. Grantor shatl continue to be solely responsible for payment of all taxes and assessments levied against the snbject land and aIl 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 the United States has no knowledge or notice of any hazardous waste stored on or under the subject land. The United States' exercise or failure to exercise any right confened by the Agricultural � 5 Conservation Easement shall not be deemed to be management or control of activities on the subject land for the purposes of enforcement of the Act of October 1 S, 1988 (P.L. 756,No. 108),known as the Hazazdous Sites Cleanup Act. Grantor,his heirs, executors, administrators, successors, or assigns agree to hold harmless, indennnify and defend the United States from and against all liabilities an expenses azising from or in any way connected with aIl claims, damages,losses, costs or expenses, including reasonable attorneys fees,resulting for a violation or alleged violation of any State or Federal environmental statute or regula�ion including,but not limited to, statutes or regulations concerning the storage or disposal of hazardous or toxic chemicals or materials. 3. Assignment of the Agricultura[ Coaservation Easement. Grantees may only assign their interest in this Agricultural Conservation Easement pursuant to 3 P.S. Section 914.1(c)(3),and with the prior written consent of the United States as required by the Contingent R.ight set forth herein. 4. Extinguishment. This Agricuitural Conservation Easement may not be extinguished for at least 25 years from the date of purchase of the Agricultural Conservation Easement and only after it has been deternuned by the State Agricultural Lands Preservation Boazd and Coanty Agriculturai Lands Preservation Board that the land subject to the Agricultural Consezvation Easement in no longer viable agricultural land. Such extinguishment may occur only after approval by the State Agricultural Lands Preservation Boazd, County Agricultural Lands Preservation Board arZd the United States. 5. CondemnaEion. The United States of America possesses an interest in this Agricultural Conservation Easement as provided for in Section(B)(6)below,constituting a Federal property interest iri the subject land. No State or local government may institute condemnation proceeding against Federal property interest without prior approval of the Secretary of the United States Department of Agriculiure. If the Secretary of the United States Department of Agriculture consents to condemnation,the proceeds derived from said condemnation shall be distributed as provided for in Section B(5). Consent from condemnation does not relieve the condemner�of the requirements of Section 913 of Act 43 of June 30, 1981 as amended(The Agricultural Area Secvrity Law). 6. Proceeds from Extinguishment or Condemnation. If this Agricultural Conservation Easement is extinguished via transfer to the Grantor,�condemnation or other means,in whole or in part,then Grantees and the United States are each enrided to their proportional share of the value of the Agricultural Conservatian Easement at the time of condem.nation. The proportional shares of the United States and the Grantees are 61 % and 39 %respectively, representing the proportion each party contributed to the purchase price of the Agricultural Conservation Easement. 7. Environmental Warraaty. "Environmental Law" or"Environmental Laws"means any and all Federal, state, Iocal or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines,policies or requirements of any govemmental authority regulating or imposing standards of Iiability or standards of conduct(including common Iaw) concerning air,water, solid waste,hazardous materials, worker and community right-to-know,hazard communication, noise,radioactive material,resource protection, 6 . subdivision, inland wetlands and watercourses, health protection and similar environmental health,safely, bailding and Iand use as may now or at any time hereafter be in effect. "Hazardous Materials"means any petroleum, petroleum products, fiiel oi1,waste oils, � explosives, reactive materials, ignita.ble materials, corrosive materials, hazazdous chemicals,hazardous wastes, hazardovs substances, extremely hazardous substances, . toxic substances,toxic chernicals, radioactive materials, infectious materials and any other element, compound, mixture, solurion or substance which may pose a present or potential hazard to human health or the environment. Grantoz wanants that it is in compliance with and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation o�non-compliance or aIleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Grantor warrants that it has no actual knowledge of a release or threatened release of any Hazazdous Materiais on, at, beneath or from the Property exceeding regulatory limits_ Moreover, Grantor hereby promises to indemnify and hold hazmless the United States against alI costs,claims, demands,penalties and damages, including reasonable attorneys' fees,arising from or connecfed with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by the United States to Grantor with respect to the Property or any restoration activities carried out by the United States at flie Property;provided, however, that the United States shall be responsible for any Hazardous Materials contributed after this date to the Property by the United States. 8. Generai Indemnification. Grantor shall indemnify and hold harmless the United States, its employees,agents, and assigns for any and ailliabilities, claims, dema.nds, Iosses, expenses,damages, fines, fees,penalties, suits,proceedings, actions, and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other iiabilities(whether legal or equitable in nature and inciuding, without limitation, court costs,and reasonable attorneys' fees and attomeys' fees on appeal) to which the United States may be subject or incur relating to the Property,which may arise from,but is not limited to, Grantor's negiigent acts or omissions or Grantor's breach of any representation,warranty, covenant, agreements contained in this Deed, or violations of any Federal, State, or locai Iaws, including all Environmental Laws. 7 � � h��it- � ;f:'_-n.yY°.a�';=" i"'"i:'::a'"i""e':;-:.^.i�`.•: _ ' "h,.�^'=" '�._a,��,. �jy�Y..�. �7r•, �.��5�=��•C."<�" - 'r . �: �le . �: .: .,� . � S 4�y S 'i ae. c '� �..� �� .` �"�UA .;�i ~� • 'Z;��.s�+._�y3„ .::'�. �' �i rY'� r t "s�F z �:r"� ��s i� � �.� �;.,..:il. �r..•. 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Barry & Linda Strock Farm DuA Duffield silt loam, 3 to 8% slope Class 1 I4.700 acres HaA Hagerstown silt toam, 0 to 3%slope Ciass I 0.8Q0 acres HuA Huntingdon silt loam,0 to 3% slope Class 1 3_200 acres BdB Bedington shaly silt loam, 3 to 8%slope CIass 2 7.100 acres DuB Duffield silt loam, 3 to 8%siope Class 2 63.389 acres EdB Edom silty clay loam, 3 to 8% slope Class 2 3.300 acres HaB Hagertown silt loam, 3 to 8% slope Class 2 7.500 acres BdC Bedington shaly silt loam, 8 to 15% slope Class 3 3.000 acres BpB Blairton silt loam, 3 to 8% siope Class 3 1.700 acres EdC Edom silty clay loam, 8 to 15%slope Class 3 Q.700 acres HaC Hagerstown silt loam, 8 to 15%siope Class 3 Q.100 acres Total: 105.489 acres �x h � b � � j E. For purchases made entirely wifh state funds, the Commonweaith shal( be the sofe grantee. F. For purchases made entirely wifh county funds, the county shall be the sole grantee. G. For purchases made using a combination of state and county funds, the grantees shall be the Commonwealfh and the county providing the funds underjoint ownership as defir►ed in fhe act. H. For purchases made using a combinatian of sfate, counfy and Iocal municipaliry funds, the grantees shal! be the Commonwea(th, the counfy and the local municipafity providing the funds under joint ownership as defined in the act. � I_ Fo� purchases made entirely wifh locaf municipal funds, the municipality shall be the sofe granfee. . 208 Rural Enterprises . A. The following customary part-time or off-season minor or rural enterprises and activities have been approved by the Cumbe�land County AgriculfuraE Land Preserva6on Board and by ttie state board. The agricultural conservation easement does allow these enterprises and activities on the subject land: 1. Direct safe ta the public of agricultura( producfs produced principally on farm, provided that at Ieast 50°/a of such products are produced by the farm operafor. 2_ Any and all structures contributing to the production, primary processing, direct marketing �� and storage of agricultural products produced principally on the farm. 3. Structures and facifities associa#ed wifh irrigafion, farm pond impoundment, and soif and water conservation practices including but not limited to wetland development or resto�ation, wi(dlife wet(and habitat managemenf, wildlife upland habitat management and riparian forest buffer resource management systems used for erosion and sedimenf confrol and water quality improvement. 4. Structures associa#ed with the production of energy for use principafly on the farm incfuding wind, solar, hydroelectricity, methane, wood, alcohol fuel and fossil fuel systems and structures and facilities for the storage and treatment of anima!wastes. 5. The provision of services or produc�ion and sale, by persons in residence, of incidental agricuitural goods, services, supplies, and repairs�and/or the conduct of tradifional trades and the production and sale of home occupation goods, arts and crafts, so long as these uses remain incidental to the agricultura! and open space character of the farm and are limited to occupying residential and/or principally ag�iculturaf structures of the property; limited in sife coverage to one-haff of one percenf of#he area of the property. 6. The accommodation of tourists and visitors within principa!!y family residen6al andlor agricultural strucfures otherwise permiftet! under fhe iaw so long as the accommodations of tourists and visitors is undertaksn as a parf-time or off-season minor or c�ura! enterprise and is incidental to the agricultural and open space character of the property. 209 Titie Insurance A. The county board shall provide �he following to the state board upon submission of its recommendation for the purchase or an easement: ) 1. A fitle insurance commitment 2007 UPDATE zfl � .. -�•�v � � J Exhibit 3 403 Constnsction of Buildings:Change in Use A. IUew Buildings or Structures. The construction or use of a buiEding or other structure on the restricted land other than a building or stn�cture existing on the date of the granting of the easement is prohibited,except that: 1. The erecfion of fences for agricultural production and protection of watercourses such as lakes, streams, springs and reservoirs is permitted. 2. The construction of one additional residential structure is permitted under Section 404(relafing ta construction of one additionai residentiai structure). 3. The construcfion or use of a building or other strvcture for agricultura!production is pertnitted. 4. The replacement of a residential structure ebsting on the restcicted land on the date of the granting of ihe easement is permitted if fhe pree�sting residential structure is razed or removed and fhe replacement residential sfrucfu�e is erected within the curtilage of the residentiaE strUcture it replaces. B. Exis6ng Buildings or Shuctures 1, A renovation or modfication of an existing residential structure is permitted if it would not increase the curtilage of the residential structure. 2. A renovation or modification of an existing agricultural building or structure, or an addition to an exis6ng agricvlturaf building or structure is permftted. 404 Construction of One Additiona! Residential Structure A. General. In addifion to fhe sUuctures exisfing on the restricted land af the date of the granting of the easement, one additionaf residential structure may be constructed on the resficted fand if the fo(lowing apply: 1. The residentiat structure is constructed and used as the landowners principal residence or for the purpose of providing necessary housing for seasonal or full-time farm employees. 2. No other residential st�ucture has been constructed on the restricted 1and, under authority oi section 14.1(c)(6)(v)of the act and this section,after the date of the granting of the easement 3. The residential structure and its curtilage occupy no more than two acres of the restricted la�d. 8_ Repfacement of sfiuctures_ The replacement of a residential strvcture constn.�cted under the authority of Section 14.1(c)(6)(v)of the act and this sedio�is peRnitted. C. Reservafion of right fo constnict aRer subdivision_ If the restricted land is subdvided prior to the construction of a residential structure under authority of section 14.1(c)(6)Cv) of fhe act and this sectian,the landowner shall do the fal(owing: 1. Inform the county board of the specific subdivided tract with respect to which the right to construct and use such a residential is reserved. 2_ Ensure that the deed to tfie subdivided tract with respect to which #he right to construct and use the residential structure is reserved clear(y sefs forth the reservation of this right. 3. Ensure that the deeds to the remaining subdivided tracts recite that no such residential sVucture may be constructed on the remaining subdivided tracts. 405 Subdivision of ResVicted Land A. General Provrsiorts. Land subject to an agricultura! conservation easement may be subdivided, provided the owner or owners (applicant) rneet the criteria contained in the county program. My and all expenses incurred in connection with a request for subdivision shall be the sole respansibility of the applicant. The burden of proof that any proposed subdivision of land subjec!to an agricuftural conservation easement conforms to and complies with the act,the regulations, and the board's program guidelines shall rest with the appticant. B. Authorrfy to prohibit subdivision ofland_A county program may prohibit the subdivision of restncted land if the fand owner can accomplish the constructio�and use of a principal residence or housing for seasona!full-time farm employees in accordance with § 14.1(c){6)(iv) of the ad(3 P.S. § 9'[4.1 Exhibit 3 (cont .d) (c)(6)(iv}), under the applicabie subdivision and land development ordinance, by a land development other than subdivision. C� Discrefion to allow su6division. A county program may allow the subdivision of restricted land,and may place restrictions or conditions upon subdivision. d. Requisite: Preserva6on of economic viability for agriculFura! p�oducGon. Section 405(C} notwifhstanding, a county program shail not permit a subdivision which would harm the economic viability of the farmland tract for agricultural producfion. E. Requisite: Preserva6on of conversion fo non-agricultura! use; excep6on. Secfion 405(C) notwithstanding, a county program shall not permit a subdivision which would convert land devoted primarily fo agricultural use to another primary use excepf that,without regard to this requirement,a county program may permit one tract to be created by subdivision for the purpose of construction of a principal residence for the landowner or an immediate family mernber. F. Notice fo landowner.A county board shall do at feast one of the following: 1. File its counfy program, or that po�tion setting forth any prohibi6ons or restrictions with respeci to subdivision of restricted land, at the Cumberland County Recorder of Deeds, and reference the place of filing of these prohibitions or restrictions in the deed of agricultural conservation easement. 2. Recite the prohibifions or restriciions with resped to subdivisian verbatim in the deed �f agricultural conservafion easement. I 406 Criteria for Subdivision of Resfricted Land The owner or owners of a tract of land subject to an agricultural conservafion easement may subdivide such tract of land,provided: A. The subdivision is consistent with the sfatement of Purpose of the Cumbetiand County Agricultural Land Presenration Board,as amended. B. Each farmland tract created by subdivision shall remain economically viable for agricultural � production_ .. C. Each farmland tract created by subdivision shall consist of a minimum of fifty percent(50%)harvest cropland,orchard,pasture or g�azing land. D. Each farmland tract created by subdivision shall contain a minimum of fifty percent (50%) of iYs soils in soils dasses I through (V as defined by the United states Department of Agricuftu�e, Natural Resources Conserva6on Service. E. Approval of a subdivision shalf not cause a reduction to, or the effectiveness of, any soi� or water conservafion methods or practices which have been implemented by the farm operator. F. Approva! of subdivision shall ttot alter, diminish, divert or otherwise modify any water access or water rights fo others. G. The subdivision conforms to and is consistent with the Cumberland Couniy Comprehensive Plan, the Municipal Comprehensive Plan,and applicable municipal zoning. H. Nothing in the subdivision regulations shafl refieve the landowner of a municipal, counry or state regutations,procedures or requirements necessary for the subdivision of land at the local municipal levei. t. Each newly created tract, in addition to the residual or parent tract, shall be, and continue to be, subject to af! terms and conditions of the agricultural conservation easement. Each deed shali recite verbatim all the prohibitions or restrictions of the agricvlturai conservafion easement and shall be recorded in the Cumberland County Recorder of Deeds Office. Ja A subdivision shall not create a tract or parcel of (and that is less than 100 acres unless the following a�e met; Exhibit 3 (cont .d) 1. The subdivided tract or parce( of land is contiguous to a trad of fand that is subject to an agricultu�a!conservation easement. 2. The residual tract or parcel of land shall not be less than 100 acres. 3. The residual tract or parcel of land shall meet a!i of the criteria A through J. 407 Procedure for Review of Request to Subdivide Restricted Land A landowner shall obtain review of a request for approval to subdivide a tract of restricted land in acco�dance witfi the following procedure: A. The landowner sha(I submit an application ta tf�e county board, in a form and manner prescribed by the county board, requestirtg review and approval of fhe subdivision of a ttad of fand (See secfion 408 Subdivision Appfication Submission). B. The county board shall note the date upon which the apptication is received. C. Upon recaipt of the application,the county board shall forward written notice of the appfication to the Cumberland County Planning Commission. D. The county planning office shall have 60 days from receipt of the written notice described in section 407(C) within which to review, comment and make recommendations on the proposed application to the county baard.The county board may not consider comments and recommendations received beyond this deadline unless the landowner agrees in wri6ng. E. The county board shall have 120 days from receipt of the applica6on for approval to subdivide within which to review the application, review comments and recommendations submitted by the counry planning office and approve or rejed the appfication_ This 120-day dead{ine may be extended by the mutual agreement of the landowner and the reviewing agencies. If the county board faifs to approve or rejed an application within the 120-day deadline or an extension thereof,the applica6on sha(I be deemed approved. F. If the application is rejected 6y the county board,the county board shall retum the application and a written statement of the reasons for the rejection to the landowner.Within 30 days after receipt of the statement o(rejedion, the (andowner may appeal the rejection in accordance with 2 PA C_S. Chapter 5 Subchapter B (relating to practice and procedure of focal agencies) and Chapier 7 Subchapter B (relating to judicial review of local agency action). G. !f the application is approved by the county board,the county boatd shall prompUy forward a copy of the applicatio� and tF�e comments and recommenda6ons of the reviewing agenaes to the state board for review and approvai or disapproval. H.The state board will provide the county board and the landowner with writfen no6ce of tfie date,Gme and location of the meefing at which the state board shall review and consider the appliqGon.This notice will be forvvarded by regular mail at least 14 days in advance of the state board meeting. I. In ifs review of an application requesting approval of the subdivision of a tract of restricted land,the state board will conside� onfy whelfier the application complies with the condi6ons under which subdivisions are permitted by the county program. J. The state board will provide both the county board and the landowner with written notice of its decision regarding the appiication for approval of the subdivision of a tract of restricted tand_ If the application is disapproved,tfie notice shap contain a stafement of the reasons the application does not comply with the conditions under which subdivisions are permitted by the county program. 408 Subdivislon Apptication Submission The appiicant shall submit to the courtty board, a sketch plan of the proposed subdivision. The county board shall review the sketch plan to ensure the plan is consistent with and confarms to the program guidelines. To facilitate county board review, applicant shall also indude with said sketch plan, the following: Exhibit 3 (cont .d) A. A letter, signed by appficant, ciearly siating the intent of the proposal; including a compiefe explanation that the economic viability of the agricultural conservation easement will not be diminished and that no part or parts oi any of the subdivided tracfs will be converted to nonagricuftural uses. B. A soils map for each proposed tract, induding the residual. Soiis map shall include the acreage of each proposed tract and fhe number of acres in each soil class. C. A sfatement fhat at least fifty percent of each farmiand Vacf in the subdivision, inc(uding the residual,be cropland;orchani,pasture or grazing land. D. Applicant shall, by note on the plat plan, state on which tract the atlowable additional residential dwelfing unit may be erected. In the event one addiGonal dwelling unit has been erected prior to fhe submission of the application, location of said dwelling shall be shown on the plat plan. 409 Landowner's Duties with Respect to Change in Ownership A. A deed conveying an interest in the restricteci land shaA set forth the language of the easement restrictions verbatim. B. All persans conveying or transferring land subjed to an agriculturai conservafion easement shall notity the county board and the Depa�tment of Agriculture within 30 days of a change in ownership of the restricted land and the price per acre or portion thereof received by the tandowner from said person, together with the volume and page in which the transfer has been recorded by the Cumberiand County Recorder of Deeds_ Cumbertand County Agriculturaf Land Preservation Program Guidelines-Amended.Ociober 19�',2007 C.�(JM�68JdY�9/��8i/H �AI'1fLJ /1 I�� dli/3QJ'L�I'E9C:� Q.-[JO�YN'Al�lY f'�.�TI��4L HE�4��J�4fZT�ddS - RdCi�i�1�0�lD, di'IRGII@l�4 Exhibit 4 �CH�,�JL E�41 COfalTI,9�U�� 815 Williams Grove Road, Mechanicsburg, Pennsylvania Parce! No. 42-10-0644-017 Schedule "A" Continued - Commitment No. P145-487 ALL of the followrng tract of land situated in Upper Allen Township, Cumberland County, Pennsylvania, pursuanf to a Property Survey prepared by Eric L. Diffenbaugh, dared October 23, Z008, as follows: BFGIllfilflNC af a set railroad spike in the centerline of Winding Hi11 Road, said point being at the northeast corner of lands now or farmerly Vance L. Weber, thence along said lands of Weber and /ands now or formerly of The Township Of Uppe�Allen, leffrey R. and Kel/y 5. CosteUo, Knepper Drive Right-Of-Way, John R. and Terry L. King, Richard A. and Kristine M. Gentile, Donald L, and Martha D. Sutherlen, Mi�hael D. and Milagros V. Porter, and Ray A and Maryann Brubaker North 63 degrees 34 minutes 41 seconds West a distance Qf 2,437.71 feet to a set parker ka/on nail in the center line of Williams Grovs Road and a/ong the easterly property line of lands now or former/y of Reza G. and Helga M. Azizkhan; thence along said lands of Azizkhan North 27 degrees 07 minutes 17 seconds East a distance of 567.58 feet to a existing iron pin; fhence continuing along rhe same North 38 degrees 51 minures Z6 seconds West a distance of 38.70 feet to a existing iron prn ar the southern corner of lands now ar formerly of Donald L. Strock Living Trust and along the easterly right-of-way line of Williams G�ove Road; thence along sard right-of-way line by line curving to the left, having a radius 1940.OB feet, an arc length of 63.00 feet, a chord bearing of North 11 degrees 30 minufes 55 seconds East, and a chord length of 63.D0 to a set iron pin at said righf-of-way and rhe southwest corner of lands now or formerly of Clyde L. and Mabe1 L. Strock; thence along said lands of Strock South 61 degrees 16 minutes 03 seconds East a distance of 51.15 feet to a set iron pin; thence continuing along the same and passing through an existing iron pin 1136.8b feet from said set iron pin being the northeast corner of said lands of Strock and continuing alang other lands now or formerly of Clyde L. and Mabel L. Strock; North 26 deg�ees 13 minutes 57 seconds East a distance of 1186.91 feet to an existing pipe in concrefe; fherrce contrnuing along the same South 67 degrees 44 minutes 16 seconds East a distance of Z,393.09 feet ro an existing iron prn at the northwest corner of lands now or farmerly of Robert L. Signor III; �hence along said lands of Signor South 25 degrees 23 minutes X 1 seconds West a distance of 810.99 feet Co a set iron pin; thence continuing along the same South 65 degrees 33 minutes 54 seconds East a distance of 9.73 feet ta an existing iron pin at or nea� the wesrerly rrght-of-way of Winding Hil! Road; rhence along and through Winding HiN Road South 25 degrees 21 minufes 15 seconds West a distance of 656.93 feet to a set railroad spike in G`�e . 2 centerline of said road and af the northeast corner of land now or formerly of Barry L. Strock; thence along said lands of Strock North 64 degrees 44 minutes 33 szconds West a distance of IS0.00 feet tc a set iron pin; thence continuing along the same Sourh 25 degrees 15 minutes z7 seconds West a distance of IS0.00 feet to an existing iron pin; thence continuing along the same and ,oassing through an existing iron pin 149.75 feet from said existing iron pin SouCh 64 degrees 44 minures 33 seconds East a distance of 180.00 feet to a set railroad spike in the cenferline of Winding Hill Road; tf�ence along said centerline South 25 deg�ees 09 minutes 36 seconds West a distance of 385.82 feet to a set railroad spike the POINT O,�BEGINN�'NG. Containing 105.4890 Acres . BEING THE REMAINING PREMISES which Barry L. Srrodc, married man, and The Georc�e W. Stro� Family Trust by rheir Deed dated June 21, 2007, and recorded June Z7, 2007, in rhe O(fic� of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed 600k 280, Page 3332, granted and conveyed unto Barry L. Strodc and Linda 8. S�rock. 3 EXHIBfT"D" CONTRACTOR 1NTEGRITY PROVISiONS a. c��..��r.....-..�a;:`��s clavs---�.. .._. r�W��+ c uniy,i��c r�i'viu5'cvniideniiai;��-�iaiion,"'coi�serd,"contractor, 'iinanciai inierest, and"gratuity"snaii iiave the tollowing defindions. f) Confidential intortnation means infonnation that is not public knowledge,or available to the public on request,disclosure of which would give an unfair,unethical,o�iilegal ad+rantage to another desiring to contred with the Commonwealth. 2) Consent means wr'Rfen permission signed by a duly authvrized officer or employee o(Ihe Commonwealth,prnvided that where the material(acts have been disclosed,in writi�g,by prequalification,bid,proposaf,or contractual terms,the Commo�weaflh shall be deemed to have consented by viRue of execution of this agreement. 3) Contractor means the individual or entity that has enterec!into the Contract with the Commonwealth,including directors,o�cers, partners,managers,key employees and owners of more than a five percent interest. 4) Financial interest means: a) Ownership of more than a five percent interest in any business;or b) Holding a position as an otficer,director,trustee,partner,employee,or the like,or holding any position oF inanagement. 5) Gratuity means any payment of more than nominal monetary value in the form af cash,travel,entertainment,giRs,meals,lodging. bans,subscriptions,advances,deposits of money,services,emptoyment,or contracts of any kind. b• T'he Contractor shall maintain the highesf standards of integrity in the perFormance of the Contract and shall take no actian in viotation of state or tedera!laws,regulations,or other requirements that govern contracting with the Commonwealth. �. The Contractor shalt not disclose to othets any confidential inforrnation gained by virtue of the Contract. d- The Contractor shall not,in connection with this or any other agreement with the Commonwealth,directly,or indirectly,offer,co�fer,or agree to confer any pecuniary benefd on anyone as consideration for the decision,opinion,recommendation,vote,other ezercise of discretion,or violation of a known legal duty by any officer or employee of the Commonwealfh. e- The Contractor shall not,in connection with this or any�ther agreement with the Commonweatth,directly or indirectly,ofier,give,or agree or promise to give to anyone any gratuity for 2he benefit of nr at the direction or tequest of any officer or employee of the Commonwealth. f• Except with the consent of the Commonweatth,neither the Contractor nor anyone in privity with him or her shall accept or agree to accept from,or give or agree to give to,any person,any gratuify bom any person in connec6on with the performaace of work under the Contract except as provided therein. 9- Except with the consent of the Commonwealth,the Contractor shall not have a financial interest in any oiher contractor,subcontfactor,or supplier providing services,labor,or material on this project. h. The Contractor,upon being informed that any violation of these provisions has occuRed or may occur,shall immediately notify the Commonwealth in writing. i- The Contractor,by execution of the Contract and by the submission of any bills or invoices tor payment pursuan[thereto,ceRifies,and represents that he or she has not violated any of these provisions. j• The Contractor,upon the inquiry or request of the Inspector General of the Commonweatth or any of that offieial's agents or representatives, shall provide,or if appropriate,make promptly available for inspection or copying,any iniormation of any type o�fortn deemed relevant by the Inspector General to the Contractor's integrity or responsibifity,as those terms are defined by the Commonwealth's stalutes,regutations,or management directives.Such information may include,but shall not be limited to,the Contractor's business or financial records,documents or files ot any type or form which refers to or co�cem the Contract.Such information shall be retained by the Coniractor for a period of three years beyond the tertnination of the Confract unless othenvise provided by law. k. For viofation o(any of the above provisions,the Commonwealth may terminate this and any other agreement with the Contractor,ctaim liquidaled damages in an amount equal to the value of anything received in breach of these provisions,claim damages tor all expenses incurred in obtaining anoiher Contractor to complete pe�formance hereunder,and debar and suspend the Contractor from doing business with the Commonwealth. These rights and remedies are cumulative,and the use or nonuse of any one shall not preclude the use of all or any othet.These rights and remedies are in addition to those the Commonwealth may have under law,statute,regulation,or otherwise. EY.HlBIT "E" NQNDlSCRIMINATI�NISE�UA� NAR.4SSMENT CLAUSE During the terrn oi the Contract, the Contractor agrees as follows: a_ In th� hiring of any employees for the manufacture of suppiies, performance ot work, or any other activity required under the Contract or any subcontract, th� Confractor, subcontractor or any person acting on behaff of the Coniractor or subconfractor shall not by reason of gender, race, creed, or color discriminate �gainst any CItIZ�R Of t�il5 Commonweaith who is qualified 3nd avaiiable to perform the v,rork to which the pmployment retates. b. Neither the Contractor nor any subcontractar nor any person on th�ir behalf shall in any manner discriminate against or intimidate any err�ployze involved in the manufacture of supplies, the performance of work or any other activity required under the Contract on account of gender, race, creed, or colar. c. The Contr�cfor and any subcontractors shal} establish a�d maintain a written sexual harassment poiicy and shall inform their employees of the poficy. The poiicy must cvntain a notice that s�xual harassment will not b� tolerated and employeps who practice it wili be disciplined. d. The Contractor shall not discriminate by rsason of gender, race, creed, or cofor against any subcontractor or suppli�r who is qualified to perform the work to which the contract relates. e. The Contractor and each sUbcontractor shall furnish all necessary employment documents and records to and pe�mit access to its books, records, and accounts hy the contracting officer and thQ Departmsnt of General Services' Sureau of Contract Administration and B�lsiness Development for purposps of investigation to ascertain compliance with the provisions of this Nondiscrimination/Ser.ual Harassment Clause. If the Contractor or any subcantractor does not passess documents or records reflecting the necessary information requested, if shali furnish such informatian on re�orting forms suppli�d by the contracfing of�icer or th� Bureau of Contract Administration and Susiness Dzvelopm�nt. f. The Contractor shaf! include fhe provisions of this Nondiscrimination/Sexua! Harassment Clause in every subcontract so that such provisions will be bindirig upon each subcontractor. g. ThE Commonwealth may canc�l or terminate the Contract, and all money :1ue or to b�come duG under the Contract rr�ay be forfEited for a violation of the t?�ms and conditions of this Non�iscrimination/Sexual k�arassment Cf�use. In addition, the agency may praceed with debarm�nt or suspension and may place tne Contractor in the Cantractor Responsibilii�� Fife. � _,<;. ,-�—� - » - ._ _ .._ :.�_; ____: _�_ _.::_ -- - - .: _ _ ----� - - . . , _. __ : _ ... - _ �. .: , " . . j '��;� y � . _. sS. :' .._ �`ts� _ r�r��, I . .. ,� .tv �:::' K i: ..,... � . �. ; .r....�....�, s, . �� ,�..n..�,.. /�� z.� � � �J ��ioRovERP�o SR1U�!�-� �p �a+, , . ir y �� t. � l�'�� . � � . -. T �t � ; �..:. �.-.�.� . u '— —'__ ____'____'_ t • r ; Ey� ,}� � � j` � �� r � �'c -= .�'f� ^.�x,��:? "E . n ^� 'YK+.%if _�. �� t �� k�. •� ' - �. �S� -�—._� > -�_4'., M1 � y�•~•�F• 1 � � _� :,;.'�t _ I :��c•2.. . -. .fTi '..�'�: . : ,5�:�i`,�;,fi., � � ..o ,.St*�bi , _:, � �. �:,,;f?3;s �=?;;s::, t '`- ,, r%', ... ;��,, .� M .'.a.. i[�E �I �'�i�7,; — a{�is Y 4 _ :•`�. +IEl �: .. � �. . . ' � ��= . , �``� : � I . �_� � ~/�j ' t - ' . �[I: � _ • '� =�i(=�I• � � � ltl � 9 � .. �' . -� _[f# � L . .� _aw f E 7 .. � � . 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O �� £S�ttj}t!�l�7jT��Z��ri�1�j3+�#i�sit � �0 ��_h I�� , ��5� �Qd� �� o, � 4� ��C�1�Sje��i�°i}f#1a�r��lglfi �� PD Yiy�. aI� n�� a o �I � � ! • 1 {" �� !# i � 4g � � $ r �°E ��E� 11' �� D �16t�t�3.;s�- rt'( �it(t�j.� }{f I�a{t( . m ,� r,�, i ��yvi�� _ - .��3�� $ T � ;!$� si I:�xil'j`�.t��s,�:�3;j�'�?i3� f =a F: �rcl� ;� �� icits�s@ � ; i �.F�� (�j��r�s 1 a�it� ��+:�j�;.7 � oy � � �`i t � � ��i9 � a �• � ; � �� =-f �1; =y��;3a'7z t z Z i :� 4�.� � . . �'vi �a Z � i��j��i�=�£F��;��'}�i��3}�3Y;��.1�5� # m0 � - . �i ( .�:_ ... .� . . j �3 � I_ t7� � fe - A � j :�� . . - -� PROPERTYSURVEYFOR �3F�=i�Ei �._It�'�* i��_ a +z !'�'# m p : �c L n1�NenoGH � �a�_1;:5=� a�s��l.t�t,� }'�� s � p z �� • .� � � � ��' BARRY L. STROCK � al=�it�:t,�� ;��!�i'_i�li��=�=i��fi�� ° � .� � ` �. -�...n., 8& LINDA B. STROCK ; �:`=i��tl��;�i�3t��i��ili��p.�ii�� "o � x _� - -�.�„> i ��i�l"��'-f��=ii��:��ile#;�i�i�:fF � F E ` �. �a � _ ��.. _.,_� '�,`= r -- ------_-_. ° �,� �� # � r'�� >�� -��'-y -� r. ,2. �„� �'�i�c � �� 4� �fi�+� f �,�,- °.�� -r � �,;$,`�� ' � .. ..,,,,.�C i��.�:.- ._ ::�� _._:,�'7`�_�.i:.ssi ,-�.-i�6 k^ �?+��'�Y ��-'. . . . .. .. ' . . . . , . . �;?`..,._ ROBERT P. ZIEGLER ; REC4RDER OF DEEDS :.. � ��:<��._._._ CUMBERLAND COUNTY - �y�``!��` . , � l COURTHOUSE SQUARE ��-�` - �. �y = _ _ CARLISLE, PA 17013 � � _ o { , . 717-240-6370 ' = ' - ' � � � � � ' �j R_�,e° � ,.i'- ' '�,: - _. .. ..-_..�_.,.. [nstrument Number-2Q0914309 Recorded On 5/4l2009 At 3:59:32 PM "Total Pagcs- 28 x[nstrument Type- RIGHT OF WAY Invoice Number-42722 User ID-KW *Grantor-STROCK,BARRY L *Grantee-CUMBERLAND COUNTY *Customer- FREY *FEES STATE WRIT TAX $d.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO N�T DETACH RECORDING FEES — $68.00 RECORI3ER OF DEEDS This page is now part PARCEL CERTIFICATZON $1Q.00 of this legal document. FEES COUNTY ARCHIVES FEE $2_00 ROD ARCHIVES FEE $3.00 I�CHANICSBURG SCHOOL $0.00 DISTRICT UPPER AI,LEN TOWNSHIP $0.00 TOTAL PAID $93.50 I Certify this to be recorded in Cumberland County PA �p CU�e • r,�4 -n. F,9 C (J � � 4+� � � � � ° RECORDER O D DS .` __s, , : , t � � �_ . �.� irso *-[nformation denoted by an asterisk may change during the verifcation process and may not be reflected on this page. 001 DDF III111IIIIIIiIIIIIIIIIIIIII( /'� ��y . � 1 � `