BOARD OF COUNTY COMMISSIONERS * * * A G E N D A * * * February 5, 2013

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1 BOARD OF COUNTY COMMISSIONERS * * * A G E N D A * * * February 5, :30 a.m. STATE OF THE COUNTY PRESENTATION LOCATION: FOUNTAIN HEAD COUNTRY CLUB, FOUNTAIN HEAD ROAD 9:00 a.m. Break BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND Terry L. Baker, President County Administration Building John F. Barr, Vice President 100 West Washington Street, Room 226 Ruth Anne Callaham Hagerstown, Maryland Jeffrey A. Cline Telephone/TDD: William B. McKinley Fax: HOSTED BY: HAGERSTOWN-WASHINGTON COUNTY CHAMBER OF COMMERCE 1:30 p.m. CALL TO ORDER, President Terry L. Baker INVOCATION and PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES January 29, :35 p.m. COMMISSIONERS REPORTS & COMMENTS 1:45 p.m. PUBLIC HEARING (RZ ) APPLICATION FOR TEXT AMENDMENT TO WASHINGTON COUNTY ZONING ORDINANCE TO SECTIONS 3, 4, 5D, 8, 9, 10 AND 28A BY UPDATING, CORRECTING AND CLARIFYING LANGUAGE PERTAINING TO VARIOUS ASPECTS OF ZONING REGULATIONS Jill Baker (Proposed Ordinance Amendments, Planning Staff Report and Analysis, Planning Commission Report and Recommendation) 2:00 p.m. PUBLIC HEARING (RZ ) APPLICATION FOR MAP AMENDMENT TO THE WASHINGTON COUNTY ZONING ORDINANCE TO CORRECT AN ERROR MADE DURING THE URBAN GROWTH AREA COMPREHENSIVE REZONING. PROPERTIES IN THE CARRIAGE HILL TOWNHOUSE DEVELOPMENT WERE INCORRECTLY ZONED RESIDENTIAL URBAN INSTEAD OF RESIDENTIAL MULTI-FAMILY Stephen Goodrich (Ordinance Amendment Application, Staff Report and Analysis, Planning Commission Report and Recommendation, and Site Map) 2:15 p.m. HOUSING AUTHORITY OF WASHINGTON COUNTY ANNUAL REPORT Richard Willson (Annual report) 2:30 p.m. CITIZENS PARTICIPATION 2:40 p.m. RURAL LEGACY PROGRAM EASEMENT APPROVAL FOR BONNARD J. & PEGGY R. MORGAN Eric Seifarth and Chris Boggs (Map, RLP Information Sheet and Ordinance) Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. Notice is given that the Board of County Commissioners of Washington County, Maryland will meet in closed session to discuss personnel matters, to consult with counsel, to obtain legal advice, and to discuss businesses moving into the county from outside the state in accordance with Section State Government Article, Annotated Code of Maryland.

2 3:00 p.m. OTHER BUSINESS: County Attorney Issues John Martirano County Administrator s Comments Gregory B. Murray Reports from County Staff 3: 30 p.m. Break 6:30 p.m. STATE OF THE COUNTY PRESENTATION LOCATION: HAGER HALL CONFERENCE & EVENT CENTER, 901 DUAL HIGHWAY, HAGERSTOWN HOSTED BY: WASHINGTON COUNTY GOVERNMENT Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. Notice is given that the Board of County Commissioners of Washington County, Maryland will meet in closed session to discuss personnel matters, to consult with counsel, to obtain legal advice, and to discuss businesses moving into the county from outside the state in accordance with Section State Government Article, Annotated Code of Maryland.

3 Board of County Commissioners Washington County, Maryland Agenda Report Open Session From: Presentation By: Presentation Date: Kirk C. Downey, Deputy County Attorney Jill L. Baker, Chief Planner PUBLIC HEARING, February 5, :45 p.m. Case Application Applicant Proposed Amendment RZ Text Washington County Dept. of Planning and Zoning Washington County Zoning Ordinance Amendments to Sections 3, 4, 5D, 8, 9, 10 and 28A by updating, correcting and clarifying language pertaining to various aspects of zoning regulations Attachments Proposed Ordinance Amendments Planning Staff Report and Analysis (September 28, 2012) Planning Commission Report and Recommendation (December 10, 2012)

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17 Board of County Commissioners Washington County, Maryland Agenda Report Open Session From: Presentation By: Presentation Date: Kirk C. Downey, Deputy County Attorney Stephen T. Goodrich, Director Washington County Dept. of Planning and Zoning PUBLIC HEARING, February 5, :00 p.m. Case Application Applicant Proposed Amendment RZ Map Washington County Dept. of Planning and Zoning Washington County Zoning Ordinance Application is being made to correct an error made during the Urban Growth Area comprehensive rezoning. Properties in the Carriage Hill townhouse development were incorrectly zoned RU (Residential Urban) instead of RM (Residential Multi-family). Attachments Ordinance Amendment Application Staff Report and Analysis dated October 2, 2012 Planning Commission Report and Recommendation dated December 7, 2012 Site Map

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29 Board of County Commissioners Agenda Report Washington County, Maryland From: Richard Willson, Executive Director Open Session Presentation By: Richard Willson, Executive Director Housing Authority of Washington County Presentation Date: February 5, 2013 Subject: Housing Authority of Washington County Annual Report Recommended Motion: None. Informational purposes. Report-in-brief: The opportunity to discuss the agency s annual report provides the Board of County Commissioners the opportunity to familiarize themselves with the properties and housing opportunities in the Housing Authority of Washington County portfolio, as well as the agency s plans for Discussion: Concurrences (If Applicable): Fiscal Impact (If Applicable): Alternatives (If Applicable): Attachments: Housing Authority of Washington County 2012 Annual Report

30 Richard S. Keesecker Board Chair Tracy Salvagno Board Vice Chair James W. Brown Board Member Judith E. Ferro Board Member Mark Goldsmith Board Member Tim O Rourke Board Member Vacancy Board Member Richard Willson Executive Director Providing decent, safe, affordable housing solutions that strengthen our community by focusing on local needs. HAWC Annual Report The mission of the Housing Authority of Washington County puts our focus on helping working families find homes within their financial reach. Since our creation in 1978, a large part of our focus has been to find ways to serve retired workers: our senior citizens and persons whose handicapping conditions make it impossible for them to depend entirely on what they can earn. From the first community we created for seniors at Blue Mountain Estates in Smithsburg on land donated by the Board of County Commissioners to the Rent-to-Own program we launched for moderate income families in April, 2010, the Board of County Commissioners has been a key partner. Rent-to-Own (RTO) Though 2010 was not a good year to sell a home, it was a good year for HAWC to purchase homes for the new Rent-to-Own program. Since the Board of County Commissioners backed the RTO program with a $400,000 certificate of deposit in early December, 2009, six homes located outside the city of Hagerstown that listed between $110 and 150K have been acquired; and five to date have been brought into like-new condition. Two of these homes have been leased to families with good landlord references, a credit score of 600 preferred, at least 3 years of consistent employment, average length of time in residence of 5 years over the last 15 years and currently living or working in Washington County. And two of the homes have been spoken for by families very near the completion of the eligibility cycle. Today we have an additional eleven families working their way through the approval process. At our current pace we believe we are on track to serve another group of 12 RTO clients in the fall of Rent-to-Own introduced HAWC to Facebook. With Facebook ads we were able to touch close to 2 million potential customers living within 25 miles of Hagerstown at a cost of only 55 for persons that found our ad worth a mouse-click. Over a four-month period, over 900 Facebook users saw our ad and decided they wanted to know more. Homes we provide The 28 one-bedroom cottages for seniors known as Blue Mountain Estates in Smithsburg were built by HAWC. Like Blue Mountain, the senior communities of Parkview Knoll in Williamsport Opening doors to housing opportunity since 1978

31 and Schoolhouse Manor in Boonsboro were developed by HAWC on former school sites provided by the Board of County Commissioners. The County Commissioners were also instrumental in securing sites for the 24-unit mid-rise Monterey House in Hancock and the Parkview expansion of Springfield Manor in Williamsport. The following table lists the communities we own or manage: Community Location Units Size Waiting List Vacancy Blue Mountain Estates Smithsburg % Parkview Knoll Williamsport % Schoolhouse Manor Boonsboro % Monterey House Hancock % Springfield Manor Williamsport % Francis Murphy Senior Apartments Hagerstown % Scattered-site family varies % Rent-to-Own varies N/A Section 8 Rental Assistance varies 498 varies % 3% is a normal vacancy factor, commonly used in financial models. The extremely low vacancy numbers HAWC enjoyed in the last twelve months is a credit to the staff and to the agency s focus on keeping homes in like-new condition. The low vacancy figures are also very unfavorable news for the families on our waiting lists - when people do not move out, there is no room for new customers to move in. (In the Section 8 program the percentage we show above is a turnover ratio, indicating that over a year s time, 35 families dropped off of the program and 35 new vouchers were issued. The figure of 35 turnover vouchers is significant, because it means that we were only able to help 3 new families each month during the past year. However a low turnover factor really reflects local economic conditions as fewer families saw wage increases or job promotions, fewer families decided to move and generally, as we will report below, families seemed to be much more respectful of program rules and guidelines.) In the early 1990's HAWC was awarded HUD funding to create 25 units of housing for families needing 3 or 4-bedroom units. HUD was interested in the development of one family housing site, but the HAWC Commissioners were equally determined not to build a project. HAWC ultimately prevailed on HUD to allow the purchase and rehabilitation of existing starter homes in scattered locations. In the Authority s scattered-site program, families that can arrange the financing may purchase the unit from HAWC at market price. In its 20-year history, the scattered-site program has helped four families become homeowners. Rather than look at this as an unfavorable track record, it tells us that homeownership is a distant dream for families with limited incomes. The scattered-site story also shows that the HAWC commissioners have a long-standing commitment to making homeownership possible and a fair degree of persistence! Page 2 of 7

32 Who we serve 40% of the persons we serve are over the age of 62, as depicted in the following table: Community Location Units Persons Seniors Percent Blue Mountain Estates Smithsburg % Parkview Knoll Williamsport % Schoolhouse Manor Boonsboro % Monterey House Hancock % Springfield Manor Williamsport % Francis Murphy Senior Apartments Hagerstown % Scattered-site family varies % Section 8 Rental Assistance varies % 790 1, % While 26% of the individuals in households we assist with Section 8 rental assistance are over the age of 62, over 50% receive Social Security. If one excludes the income coming to individuals that are no longer in the workforce due to age or disabling conditions (the SSI and the Social Security incomes), 53% of our families are depending on wages as their principal source of income. This has not always been the case. Several years ago HAWC decided to provide a preference on our waiting list for families in the workforce. Today 59% of the families on our waiting list for Section 8 rental assistance qualify for our working points by either holding a 20-hour/week job, or by being elderly or unable to work. Source Number % of individuals over 18 Total income Percent of income Child support % 258, % General assistance % 686, % Other non-wage sources % 117, % Pension % 236, % SSI % 1,180, % Social security % 3,249, % TANF % 66, % Unemployment benefits % 209, % Wages % 1,755, % Total individuals over ,759, % Page 3 of 7

33 What we expect One of our expectations of our customers is that persons who are able-bodied will value wages. This expectation is closely aligned with our expectation that families will use the opportunity to receive rental assistance as a step on the ladder of selfsufficiency. We encourage self-sufficiency by offering enrollment in our Family Self- Sufficiency (FSS) program. When we have vacancies in our scattered site program, FSS applicants are interviewed first. We encourage self-sufficiency by placing increases in rent (that come as a result of wage increases) in an escrow savings account that is released when the family graduates from FSS. We teach the habit of saving in our Rent-to-Own program by matching savings deposits. We expect our customers to be professional in their role as tenants. For example, we expect tenants to provide landlords with a proper 30-day notice if they wish to move. Our staff in turn provide a 30-day notice of all rent changes to our customers as our way of modeling the behavior we wish to encourage. Honesty In our industry, honesty means promptly reporting changes in income or family composition. Honesty also means living up to the expectations in a landlord-provided lease. When our customers live up to our broad definition of honesty we will be out of the tenant investigation business, and in time, the reputation of the Section 8 program will be such that landlords will complain to us that they want more Section 8 participants, not fewer! Reasons for leaving the Section 8 program in 2010: Favorable reasons Unfavorable reasons Assistance went down to $ Moved without notice 3 Proper notice 10 Program non-compliance 4 Moved to another jurisdiction 6 Drugs 1 Nursing home 6 Deceased 4 Totals 27 8 Visitors to our offices are greeted by signs that read, Thank you for being honest, a message that we hope will convey our respect and high expectations. On our web site we provide forms to facilitate reporting undesirable behavior. Anonymous reports are brought to the attention of staff who relate to a client but are not acted upon until corroborating evidence is obtained. When signed complaints are received we make every effort to collect evidence so that we can avoid having to reveal our sources. We track each report internally so we can all see the progress being made, and we use our process to protect our customers from false claims. Page 4 of 7

34 Using our web site We use to facilitate communication. Applicants can find property information and the correct application form, Section 8 landlords and tenants will find information and documents tailored to their needs, students will find information on housing needs and complete records of meetings and reports are maintained to make the board s governance completely transparent. What 2011 will bring HAWC will seek the approval of the Department of Housing and Urban Development (HUD) to convert the form of rental assistance in our scattered site program, Blue Mountain Estates and at Parkview Knoll from public housing to Section 8. This will benefit the current residents by allowing them to take their rental assistance with them if their circumstances would change and it will allow HAWC to use the real estate as security for loans to develop additional housing resources. HAWC will expand senior housing at Blue Mountain Estates adding sixteen one-bedroom apartments in a 2.5 story building configuration complementary to the existing community. Site and zoning approvals were obtained for this undertaking in 2010, and plans will be ready for bidding early in Planning costs for these units are being covered by a grant from the Maryland Affordable Housing Trust. HAWC is seeking 501(c)(3) status for a subordinate corporate entity that will be able to qualify for funding opportunities only open to not-for-profit organizations. Washington County Housing Solutions, Inc. will position HAWC to seek grants from foundations that do not currently regard public housing agencies as eligible applicants such as the Federal Home Loan Bank. HAWC will apply professional marketing approaches and data gathered from current web usage experiences to its existing web presence. In this context we will complete our work on branding and organizational style sheets. HAWC will continue the use of the Rent-to-Own model for moderate income families as soon as the public housing conversion makes additional assets available as security for borrowed funds. And finally, HAWC will continue its search for real estate on which to expand housing resources for Washington County families and seniors. Page 5 of 7

35 Financial Highlights The Authority s total net assets increased by $608,128 or 5.4 % during the fiscal year that ended on June 30, Total revenues (excluding capital/development funding) of the authority increased by $383,022 or 10.3% during fiscal year This was largely due to increased housing assistance payment funding from HUD in the Section 8 Housing Choice Voucher program compared to FY Housing assistance payments are the portion of gross tenant rent paid to landlords on a tenant's behalf. Funding is based on previous year spending levels and Congressional appropriations, and is adjusted accordingly each year. Total expenses of all Authority programs (excluding depreciation expense) increased by $315,266 or 8.5% during fiscal year ended Over half of the increase was attributable to increased rental assistance paid on behalf of tenants. At the close of fiscal year 2010, the Authority s assets exceeded its liabilities by $11,805,168 as shown in the following table: June 30, Operating Revenues and Expenses Operating revenues rents and other $ 946,595 $ 869,967 Operating subsidies and grants 3,146,230 2,833,781 Depreciation expense (436,561) (454,455) Housing Assistance Payments (2,713,113) (2,526,303) Other operating expenses (1,261,101) (1,134,906) Total Operating Revenues and Expenses (317,950) (411,916) Non-operating Revenues and Expenses Interest revenue 5,462 11,517 Interest expense (44,442) (42,254) Capital contributions 965, ,714 Gain (Loss) on Sale of Assets 0 0 Total Non-operating Revenues and Expenses 926,078 97,977 Increase/(decrease) in net assets 608,128 (313,939) Net Assets, beginning of year (Adjusted) 11,197,040 11,510,979 Net Assets, end of year $ 11,805,168 $ 11,197,040 Page 6 of 7

36 Housing Authority of Washington County Board of Commissioners Name Position Term Ending Richard Keesecker Chair, Assistant Grievance Officer 2013 Tracy Salvagno Vice Chair, Grievance Officer 2013 James Brown 2nd Vice Chair 2013 Judith Ferro Board Member 2014 Mark Goldsmith Board Member 2014 Tim O Rourke Board Member 2014 Vacant Board Member N/A Richard Willson Treasurer, Secretary Staff Tyenna Hart Assistant Treasurer Staff Page 7 of 7

37 Board of County Commissioners Agenda Report Washington County, Maryland Open Session From: Eric Seifarth, Rural Preservation Administrator Presentation By: Eric Seifarth and Chris Boggs, Land Preservation Presentation Date: February 5, 2013 Subject: Rural Legacy Program (RLP) Easement Approval for Bonnard J. & Peggy R. Morgan. Recommended Motion: Move to approve the Bonnard J. & Peggy R. Morgan RLP Easement project, paid for 100% by the State, in the amount of $104, for easement acres and to adopt an ordinance approving the easement purchase and to authorize the execution of the necessary documentation to finalize the easement purchase.. Report-in-brief: Since 1998, Washington County has been awarded over $14 million to purchase RLP easements on nearly 5,000 acres near Antietam Battlefield in the Rural Legacy Area. RLP is a sister program to the Maryland Agricultural Land Preservation Program (MALPP), with the exceptions of including environmental and historic features in addition to agricultural parameters. For the purpose of establishing easement values, MALPP requires appraisals and RLP uses an easement valuation system. Discussion: For FY 2013, Washington County was awarded RLP grants totaling $1.26 million. Bonnard J. & Peggy R. Morgan RLP Easement uses part of those funds. Easement applicants were previously ranked based on four main categories: the number of development rights available, the quality of the land/land management (agricultural component), natural resources (environmental), and the historic value. Concurrences (If Applicable): Both the State RLP Board and the State Department of Natural Resources (DNR) staff have approved and support our program. A final money allocation will be approved by the State Board of Public Works. Fiscal Impact (If Applicable): RLP funds are 100% State dollars, mainly from DNR Open Space funds. In addition to the easement funds, we receive up to 3% of the easement value for administrative costs, a mandatory 1.5% for compliance/monitoring costs and funds to cover all of our legal/settlement costs. Additionally, the Morgans will be donating over $38,000 of easement value for this project. Alternatives (If Applicable): If Washington County rejects State funds for RLP, the funds will be allocated to other counties in Maryland. Attachments: Map, RLP Info Sheet, Ordinance

38 Rural Legacy Program (RLP) Information Purpose of Program: RLP seeks to protect farmland and open space which contains significant agricultural, environmental and cultural/historic features. The Maryland Department of Natural Resources (DNR) funds the program and protects land mainly with the use of permanent easements. However, the Board of County Commissioners (BOCC) of Washington County is the holder of RLP easements. Easement Valuations: The price paid for permanent easements is determined using a valuation worksheet. The more of the above listed features on the property, the higher the easement values. Priority of Properties: As with most programs of this sort, there is a chronic shortage of funds available. Therefore, properties that are contiguous to existing permanently protected land are given priority. Other priorities include: prime agricultural lands; prime woodland (CREP is encouraged); land with environmental features needing protection such as endangered species, streams, sinkholes, and properties with historic value such as Antietam Battlefield area. Processing of Applications: Each year, Washington County applies to DNR for RLP funding. Negotiations then begin with landowners who have expressed interest in the program. There are many steps until easement settlement occurs and the process takes about a year to complete once properties are chosen for processing. After the BOCC approves the applications, the Board of Public Works in Annapolis makes final selections for funding. For More Information: Contact Eric Seifarth using information in the above letterhead or by eseifarth@washco-md.net I:LandPreservation/RuralLegacy/basicinformation.doc

39 Exhibit E Other Morgan RL Esmt. Other Morgan RL Esmt. WARNING!: This map is for internal use by the Washington County Planning Department. It is not for general distribution to the public, and should not be scaled or copied. Sources of the data contained hereon are from various public agencies which may have use restrictions and disclaimers Legend Tax Parcel Rural Legacy Area Properties Proposed Morgan Boundaries The parcel lines shown on this map are derived from a variety of sources which have their own accuracy standards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteed by Washington County Maryland or the Maryland Department of Assessments and Taxations to be free of errors including errors of omission, commission, positional accuracy or any attributes associated with real property. They shall not be copied, reproduced or scaled in any way without the express prior written approval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replace an accurate survey by a licensed professional and information shall be verified using the relevant deeds, plats and other recorded legal documents by the user , Miles 1,250 Feet Printed: Friday, January 11, 2013 Printed by: cboggs

40 ORDINANCE NO. ORD AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION EASEMENT UNDER THE MARYLAND RURAL LEGACY PROGRAM (Re: Bonnard J. & Peggy R. Morgan Conservation Easement) RECITALS 1. The Maryland Rural Legacy Program ("RLP") provides the funding necessary to protect large, contiguous tracts of land and other strategic areas from sprawl development and to enhance natural resource, agricultural, forestry and environmental protection through cooperative efforts among State and local governments. 2. Protection is provided through the acquisition of easements and fee estates from willing landowners and the supporting activities of Rural Legacy Sponsors and local governments. 3. For FY 2013, Washington County (the "County") was awarded RLP grants totaling $1.26 million dollars (the "RLP Funds"). 4. Bonnard J. Morgan and Peggy R. Morgan (collectively, the "Property Owner") is the fee simple owner of real property consisting of acres, more or less, (the "Property") in Washington County, Maryland. The Property is more particularly described on Exhibit A attached hereto. 5. The County has agreed to pay the sum of approximately One Hundred Four Thousand Eight Hundred Forty-One Dollars ($104,841.00), which is a portion of the RLP Funds, to the Property Owner for a Deed of Conservation Easement on the Property (the "Bonnard J. & Peggy R. Morgan Conservation Easement"). THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland that the purchase of a conservation easement on the Property be approved and that the President of the Board and the County Clerk be and are hereby authorized and directed to execute and attest, respectively, all such documents for and on behalf of the County relating to the purchase of the Bonnard J. & Peggy R. Morgan Conservation Easement. ADOPTED this 5th day of February, ATTEST: Vicki C. Lumm, Clerk BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND BY: Terry L. Baker, President

41 Approved as to legal sufficiency: Mail to: Office of the County Attorney John M. Martirano 100 W. Washington Street County Attorney Hagerstown, MD 21740

42 EXHIBIT A--DESCRIPTION OF EASEMENT AREA All those tracts, lots, or parcels of land, together with the improvements thereon, and all the rights, ways, privileges and appurtenances thereunto belonging or in anywise appertaining, situate in Election District No. 1, Washington County, Maryland, and being more particularly described as follows: PARCEL NO. 1: Tax Map 80, Parcel 380, containing acres, off of Mills Road, near Sharpsburg, Maryland: All that lot or parcel of land, situate in Election District No. 1, Washington County, Maryland, and being more particularly described as Parcel A on the Plat entitled "Simplified Plat of Subdivision for Save Historic Antietam Foundation" recorded at Plat Folio 6493 among the Land Records of Washington County, Maryland; containing acres of land, more ore less, as depicted on said Plat; TOGETHER WITH that Declaration of Easement Agreement by and between John Mark Stewart and Maria J. Stewart and Save Historic Antietam Foundation, dated May 21, 2001 and recorded in Liber 1659, folio 518 among the aforesaid Land Records. Parcel No. 1 being all of the same property which was conveyed from Save Historic Antietam Foundation, Inc., to Bonnard J. Morgan and Peggy R. Morgan, his wife, by Deed dated June 7, 2001 and recorded in Liber 1665, folio 593 among the Land Records of Washington County, Maryland. PARCEL NO. 2: Tax Map 80, Parcel 279, containing 14 acres 30 perches, more or less, off of Burnside Bridge Road, near Sharpsburg, Maryland: All that tract or parcel of land situate in Election District No. 1 being the North half of Lot No. 242 and part of the tract of land Lewis Watson and Wife and Augustus A. Biggs and Wife conveyed to Daniel Emmert by Deed dated March 30, 1857 and recorded in Liber I.N. No. 11, Folio 657 among the Land Records of Washington County, Maryland, and being more particularly described as follows: BEGINNING for the part of said Lot No. 242 hereby described at a stake and stones at the end of 31 perches in the first line of said Deed and running thence North 8 ½ degrees East 31 perches to a stake and pile of stones at the Southwest corner of Lot No. 241; thence South 74 ½ degrees East 73.3 perches to a stone pile at the corner of a lot containing 100 acres sold by Watson and Biggs to Josiah Crampton; thence South 8 ½ degrees West 31 perches to a stake and pile of stones; thence North 74 ½ degrees West 73.3 perches to the point of beginning; containing 14 acres 30 perches of land, more or less. Parcel No. 2 BEING all of the same property conveyed from Laura Peters, individually and as Personal Representative of the Estate of Nora C. Eakle, to Bonnard J. Morgan and Peggy R. Morgan, his wife, by Deeds dated May 25, 2001 and recorded in Liber 1664, folios 1456 and 148 among the Land Records of Washington County, Maryland; and BEING all of the same property which was conveyed from Ralph B. Sprecher to Bonnard J. Morgan and Peggy R. Morgan, his wife, by Deed dated May 21, 2001 and recorded in Liber 1664, folio 151 among the aforesaid Land Records.

43 PARCEL NO. 3: Tax Map 80, Parcel 280, containing 14 acres 30 perches, more or less, near Burnside Bridge Road, near Sharpsburg, Maryland: All that tract or parcel of land, situate in Election District No. 1, being the South half of Lot No. 242, a part of the tract of land Lewis Watson and Wife and Augustus A. Biggs (Higgs) and Wife conveyed to Daniel Emmert by Deed dated March 30, 1857 and recorded in Liber I.N. No. 11, folio 657 among the Land Records of Washington County, Maryland, and being more particularly described as follows: BEGINNING at the Southwest corner thereof, the same being at a stake and pile of stones at the beginning of said Deed to Daniel Emmert, and running thence with the first line thereof North 8 ½ degrees East thirty-one (31) perches to a stake and stone; [thence] 74 ½ degrees East 73.3 perches to a stake and pile of stone pile at the end of 31 perches in the third line of the aforesaid Deed from Lewis Watson and Augustus A. Biggs to Daniel Emmert; and with it South 8 ½ degrees West 31 perches to the end thereof; thence North 74 ½ degrees West 73.3 perches to the point of beginning; containing 14 acres 30 perches of land, more or less. Parcel No. 3 BEING all of the same property conveyed or intended to be conveyed from Jean K. Phillips to Bonnard J. Morgan and Peggy R. Morgan, his wife, by Deed dated June 5, 2001 and recorded in Liber 1664, folio 142 among the Land Records of Washington County, Maryland; AND BEING all of the same property which was conveyed from James D. Johnson, Jr., Successor Personal Representative of the Estate of Edna Clipp Dorsey, also known as Edna Mae Clipp, to Bonnard J. Morgan and Peggy R. Morgan, his wife, by Confirmatory Deed dated February 25, 2008 and recorded in Liber 3464, folio 98 among the aforesaid Land Records. I:\Documents\Planning\Morgan RLP Easement\ORD\Ordinance.DOC