Free Michigan Es 012 Template Prepare Document Here

Free Michigan Es 012 Template

The Michigan ES 012 form serves a critical role in the Farmland and Open Space Preservation Program, facilitating the application process for the termination of a Farmland Development Rights Agreement as outlined in Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451, commonly known as P.A. 116. Designed to ensure that participants understand the requirements and provide detailed information along with necessary documentation, the form requires careful completion by applicants. For those interested in preserving their land's natural beauty and agricultural productivity, understanding how to properly complete and submit this form is essential.

To commence the application process for terminating a Farmland Development Rights Agreement, click the button below.

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In the realm of agricultural and open land preservation, the Michigan ES 012 form holds a significant role, serving as the gateway for property owners wishing to terminate their Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program. This program, grounded in Part 361 of the Natural Resources and Environmental Protection Act, 1994 (Act 451 as amended), aims to balance the dual goals of protecting Michigan's valuable farmland and open spaces while accommodating the rights and future visions of landowners. For those wishing to opt out of this agreement, which is more commonly referred to as P.A. 116, the process outlined in the ES 012 form is critical. It demands detailed personal and property information, legal documentation including deeds or land contracts, a precise justification for withdrawal, and a visual depiction of the property. Additionally, the process necessitates the coordination with and approval from local governing bodies, ensuring that the decision to terminate the agreement aligns with broader community and environmental interests. This form, thus, embodies a complex interplay between individual property rights, agricultural conservation efforts, and regulatory oversight, underscoring the intricate balance Michigan seeks to maintain between development and preservation.

Sample - Michigan Es 012 Form

Farmland and Open Space

Preservation Program

APPLICATION FOR TERMINATION OF A

FARMLAND DEVELOPMENT RIGHTS

AGREEMENT

(Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451 as amended, more com- monly known as P.A. 116. Please read the Requirements and Instructions before filling out this form. Please print or type. Attach additional sheets as needed.)

OFFICIAL USE ONLY

Local Governing Body:

Date Received:

Application No.:

. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .

State:

Date Received:

Application No.:

A.Personal Information:

1)Name(s) of Applicant: _______________________________________________________________

(Owner of Record) LastFirstInitial

Spouse’s Name: ___________________________________________________________________

LastFirstInitial

2) Mailing address: ___________________________________________________________________

Street

City

State

Zip Code

3)Telephone Number: (Area Code) ( ) _______________________________________________

4)__________________________________ __________________________________________

Social Security Number

Spouse’s Social Security Number

5)Federal Employer Identification Number (if applicable): ____________________________________

6)Farmland Development Rights Agreement # _____________________________________________

B. Property Location: (Can be taken from the deed.)

7) County:__________________________ 8) Township, city or village: _________________________

9)Section No.: _______________; Town #: __________________; Range #: ______________________

C. Legal Information:

10)Attach a copy of the deed or land contract (may be a photo copy).

11)Attach a copy of the most recent property tax assessment notice or tax bill.

12) Is there a tax lien against the land described above? (may be photo copy) Yes No If “Yes,” please explain circumstances: ____________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

13) Is land being purchased under land contract?

Yes

No

a) If “Yes,” indicate vendor (seller):

 

 

Name: ______________________________________________________________________________

Mailing Address: ______________________________________________________________________

Street

City

State

Zip Code

b)Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451 as amended, states that the vendor (seller) must agree to allow the land cited in the application to be released from the program. Please have the land contract seller sign below.

I, the undersigned, understand and agree to permit the land cited in this application to be released from the Farmland and Open Space Preservation Act.

____________________

________________________________________

(Date)

(Land Contract Seller’s Signature)

ES-012.

Rev. 5/02

14)If you meet one of the following, please check the appropriate box and complete the following (Not applicable to an individual not meeting one of the categories - please leave blank):

Corporation

Business Trust

Estate

Trust

Partnership

Association

2 or more persons having a joint or common interest in the land

List the following: President, Vice President, Secretary and Treasurer, or present income beneficiaries:

Name: ____________________________ Title: _________________________________________________

Mailing Address: ___________________________________________________________________________

StreetCityStateZip

Name: ____________________________ Title: _________________________________________________

Mailing Address: ____________________________________________________________________________

StreetCityStateZip

Name: ____________________________ Title: _________________________________________________

Mailing Address: ____________________________________________________________________________

StreetCityStateZip

Name: ____________________________ Title: _________________________________________________

Mailing Address: ____________________________________________________________________________

Street

City

State

Zip

 

(Additional Names may be attached on separate sheet.)

 

D. Reasons for Withdrawal of Land From Program:

Section 36111A indicates eight requirements, one of which must be met, in order to receive approval to withdraw land from the program earlier than the specified expiration date in the agreement contract. (See application instruc- tions for the text of the stated rule containing this procedure.)

15)Please provide a detailed explanation of why the land should be released from the agreement contract. (Supporting documentation should be attached to this form.)

____________________________________________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________

______________________________________________________________________________________________________

_____________________________________________________________________________________________________

________________________________________________________________________________________________________

______________________________________________________________________________________________________

______________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________

______________________________________________________________________________________________________

_____________________________________________________________________________________________________

________________________________________________________________________________________________________

______________________________________________________________________________________________________

(Continued explanations may be attached.)

16)Please draw a map (sketch) of the property, showing boundaries, structures and natural or man-made features such as lakes, ponds, swamps, streams, rivers, woodlots, roads, or gravel pits. (Use space provided on page 4 or attach separate sheet.)

2

3
SENT RECD
_____ _____ County or Regional Planning Commission
_____ _____ Soil Conservation District
_____ _____ Township (if county has jurisdiction)
_____ _____ City (if land is within 3 miles of city boundary)
_____ _____ Village (if land is within 1 mile of village boundary)
_____ _____ Clerk schedules application for presentation at next regular
_____ _____ meeting of governing body (governing body has 45 days
from meeting date to approve or reject application).
_____ _____ Clerk notifies applicant 5 days before action is taken on
the application by the local governing body.
_____ _____ Approval or rejection by local governing body.

E. Signatures:

17)The undersigned declare that this application, including any accompanying informational materials, has been examined by them and to the best of their knowledge and belief is true and correct.

(Signature of Applicant(s))

(Corporation Name if Applicable)

(Signature of Co-Owner(s))

(Signature of Corporate Officer)

(Date)

 

(Title)

RESERVED FOR LOCALGOVERNMENT USE, CLERK PLEASE COMPLETEALL SPACES - SECTION IAND II

I. Action by Local Governing Body: Jurisdiction: ___________________________________________

County, Township, City or Village

Date received by clerk: _________________________________________________________________

This application is ____________________ approved, ____________________rejected.

(If rejected, see attached statement by Local Governing Body.)

Date of approval or rejection: ___________ Clerk’s signature and seal: __________________________

Property Appraisal: The current fair market value of the real property in this application has been determined to be $ ____________________

II.Check List:

DATE

 

_____

Upon filing an application. clerk issues receipt indicating

 

date received.

_____

Clerk notifies reviewing agencies by forwarding a copy of

 

the application (review agencies have 30 days to return

 

comments).

_____

If approved, applicant is notified and the original application,

 

letters of review or comment from reviewing agencies and

 

all supportive material is sent to the MDA - Farmland and

 

Open Space Program, PO Box 30449, Lansing, MI 48909

_____

If rejected, clerk notifies applicant in writing within 10 days

 

stating reason for rejection and returning the application,

 

etc. to the applicant.

 

 

 

 

FINALAPPLICATION SHOULD INCLUDE ( )

 

_____

Copy of deed or land contract

 

 

 

_____

Copy of tax description

 

_____

Copy of recent appraisal record

 

_____

Map of farm

 

 

REVIEW LETTERS FROM

 

_____

County planning commission or regional

 

 

planning commission

 

_____

Soil conservation district

 

_____

Township (if applicable)

 

_____

City (if applicable)

 

_____

Village (If applicable)

Map of Farmland Cited in the Application Form:

A.Show boundary of land cited in application.

B.

Show buildings as

 

house,

barn, etc., also sketch roads and other avenues of travel.

 

C.Outline and designate the current uses of the property if possible.

County

Township

T R SEC

NORTH

WEST

SOUTH

EAST

4

⇩ Michigan Es 012 PDF

File Details

Fact Name Description
Governing Law The Michigan ES 012 form is governed by Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451, as amended, also known as P.A. 116.
Purpose The form is used for the application for termination of a Farmland Development Rights Agreement.
Application Requirements Applicants are instructed to read the requirements and instructions before filling out the form, which also allows attaching additional sheets as needed.
Information Required Applicants must provide personal information, property location, legal information including a copy of the deed or land contract, and reasons for withdrawal of land from the program.
Additional Documentation A detailed explanation and supporting documentation for why the land should be released from the agreement contract must be included.
Property Sketch Applicants are required to draw a map (sketch) of the property showing boundaries, structures, and natural or man-made features.
Review and Approval Process The form outlines the process for review and approval or rejection by the local governing body, including notifications and timelines.

Michigan Es 012 - Usage Steps

Filling out the Michigan ES 012 form is essential for those seeking to disengage their property from the Farmland and Open Space Preservation Program. Timeliness and accuracy are crucial in this process, given the potential implications for both the property owner and the land involved. The following steps provide a simplified guide to assist you in accurately completing the application, highlighting the need to compile the necessary documentation and pay particular attention to detailing your reasons for termination and providing accurate property sketches.

  1. Gather all required documents, including your deed or land contract, the most recent property tax assessment notice or tax bill, and if applicable, evidence of no tax liens against the land.
  2. Fill in section A with your Personal Information: Enter the full name(s) of the applicant(s) and spouse, if applicable, followed by the mailing address, telephone number, and social security numbers. If the land is owned by an entity, provide the Federal Employer Identification Number.
  3. Under Property Location in section B: Provide the county, township, city or village, and the geographical coordinates (section number, town number, range number) of the farmland as recorded in the deed.
  4. Attach the requested documentation in section C: Include a copy of your deed or land contract and the most recent property tax assessment notice or tax bill. Indicate whether there is a tax lien against the land and if the land is being purchased under a land contract, provide details of the vendor and have them sign the consent section.
  5. If the land is owned by an organization or multiple parties, check the appropriate box in section 14 and list the names and titles of relevant individuals such as the President, Vice President, Secretary, Treasurer, or income beneficiaries.
  6. In section D, explain in detail your Reasons for Withdrawal of Land from the Program, being as specific as possible and attaching any supporting documentation.
  7. Draw a detailed map of the property in section 16, highlighting boundaries, structures, and natural or man-made features. This map should be simple yet informative, providing clear visualization of the property layout.
  8. Review your application thoroughly for accuracy and completeness. Both the applicant and co-owners, if any, as well as a corporate officer where applicable, must sign and date the form in section E to affirm the truthfulness and correctness of the information provided.
  9. Check off the final application checklist to ensure all necessary documents are included before submission, such as a copy of the deed or land contract, tax description, recent appraisal record, and the property map.
  10. Submit your completed form and all accompanying documents to the appropriate local governing body as indicated by the form's instructions, making sure to keep a copy for your records.

Upon submission, the local governing body will proceed with reviewing the application. This includes sharing the application with relevant agencies for comments and scheduling a meeting for approval or rejection. Applicants will be notified of the decision within specified timeframes. Approval initiates the termination process, while rejection will include reasons and possibly steps for remediation. Regardless of the outcome, understanding and following these steps enhances the clarity and efficiency of engaging with the Farmland and Open Space Preservation Program's termination process.

Learn More on This Form

What is the Michigan ES 012 form used for?

The Michigan ES 012 form is utilized to apply for the termination of a Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program. This form is necessary for property owners who wish to withdraw their land from the program before the agreed-upon expiration date. It caters to those enrolled in the program under Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451, more commonly known as P.A. 116.

What materials do I need to submit with the ES 012 form?

When submitting the ES 012 form, you must include the following:

  1. A copy of the deed or land contract for the property.
  2. The most recent property tax assessment notice or tax bill.
  3. If applicable, documentation of any tax lien against the property, along with an explanation.
  4. For properties being purchased under land contract, the seller’s agreement that allows the land to be released from the program.
  5. For entities like corporations or partnerships, details of key officers or individuals with a significant interest in the land must be provided.

This comprehensive documentation is critical to ensuring your application is processed efficiently and effectively.

Who needs to sign the ES 012 form?

The ES 012 form requires signatures from various stakeholders depending on the ownership structure of the property:

  • Individual owners need to sign the form themselves.
  • If the property is owned jointly by spouses, both must sign.
  • In cases where the property is owned by a corporate entity, an authorized corporate officer must sign the form, indicating their title and the corporation's name.
  • If land is being purchased under a land contract, the seller must also sign the form to agree to release the land from the program.

What happens after submitting the application?

After the application is submitted, the following steps occur:

  1. The local clerk schedules the application for review at the next regular meeting of the governing body, which has 45 days from the meeting date to approve or reject the application.
  2. The clerk notifies the applicant five days before the governing body acts on the application.
  3. Following the local governing body's decision, the applicant will receive a notice of approval or rejection.
  4. If approved, the application and all supportive documents are forwarded to the Michigan Department of Agriculture (MDA) - Farmland and Open Space Program for final processing.

The applicant's involvement with local and state bodies ensures the application's progress is transparent and monitored at every step.

Common mistakes

Filling out the Michigan ES 012 form, necessary for those seeking to terminate a Farmland Development Rights Agreement, can be tricky. Applicants often make a handful of common mistakes that can delay or even jeopardize the approval of their application. Being aware of these errors can help ensure a smoother application process.

One frequent mistake is not reading the Requirements and Instructions thoroughly before starting the application. This section offers crucial guidance for filling out the form correctly and ensures you understand the purpose and implications of the application. Skipping this step can lead to overlooked details or misunderstandings about the application's requirements.

Another common error involves the provision of incomplete or inaccurate personal information. The form requires precise details, including spelling of names, addresses, and contact numbers. When this information is incomplete or incorrect, it can lead to significant delays, as the responsible authorities may not be able to process or even contact the applicant regarding their submission.

  1. Misunderstanding the property location details section is also common. This section requires specific information that can usually be gathered from the property deed. Confusion or inaccuracies in providing the county, township, city, or village, as well as the section, town, and range number, can result in processing delays or the need for resubmission.

  2. Failing to attach required documents is another mistake. The application asks for several attachments, including a copy of the property deed or land contract, the most recent property tax assessment notice or tax bill, and documentation explaining the reason for the land's withdrawal from the program. Missing any of these can halt the process.

  3. Omitting the required sketch or map of the property can also be a critical oversight. This visual representation helps authorities understand the layout and features of the land in question, including boundaries, structures, and natural or man-made features. Neglecting to include this map can complicate the review of your application.

In conclusion, applicants must read instructions carefully, provide complete and accurate personal and property information, attach all required documentation, and ensure a detailed property map is included. Avoiding these common mistakes on the Michigan ES 012 form not only streamlines the application process but also increases the likelihood of approval for terminating a Farmland Development Rights Agreement.

Documents used along the form

In the process of applying for the termination of a Farmland Development Rights Agreement in Michigan, specifically with the ES-012 form, there are several other forms and documents that applicants might need to prepare or collect. These documents are crucial for a comprehensive understanding of the applicant's situation and the land in question. They help in providing a clear picture to the concerned authorities for making an informed decision regarding the application.

  • Title Opinion: This document provides an in-depth examination of the property's title, outlining its ownership history, and identifying any encumbrances or liens that may impact the ability to terminate the agreement.
  • Environmental Site Assessment: An evaluation to identify potential or existing environmental contamination liabilities. This assessment is particularly important if the land has been used for agricultural purposes that may have involved the use of pesticides or fertilizers which could potentially contaminate the site.
  • Zoning Verification Letter: A formal statement from local zoning authorities confirming the current zoning classifications of the land. This document is crucial for understanding what future developments are permissible on the property.
  • Survey: A detailed diagram or map of the property, showing boundaries, structures, and other relevant features. A survey is essential for accurately describing the property in the application and might be specifically requested to detail the areas under the Farmland Development Rights Agreement.
  • Recent Appraisal Record: Provides a current market valuation of the property. This valuation is important for several reasons, including giving the state an understanding of the property's worth and helping in any financial calculations related to the termination of the agreement.
  • Soil Conservation District Review: A report or letter from the soil conservation district assessing the property's soil conditions and conservation practices. Since the program aims at preserving land for farming and open space, understanding the soil's health and quality is essential.

Collating these documents together with the Michigan ES-012 form provides a well-rounded application package. Each document serves to enrich the understanding of the property's legal, environmental, and physical aspects, ultimately supporting a well-informed decision-making process regarding the termination of a Farmland Development Rights Agreement.

Similar forms

The Michigan ES 012 form, pivotal for those seeking to halt their participation in the Farmland and Open Landscape Preservation Program, shares a notable resemblance with other legal documents designed to interact with real estate and environmental conservation efforts. While its primary purpose is to facilitate the termination of a Farmland Development Rights Agreement, understanding its similarities to other forms can provide valuable context for individuals navigating these processes.

One such document is the Conservation Easement Agreement, a common tool for land conservation. Like the ES 012 form, a Conservation Easement Agreement is used to restrict certain types of development or activities on a piece of land to achieve conservation objectives. Both documents play crucial roles in preserving land but differ in their execution: while the ES 012 form enables landowners to exit a preservation agreement, a Conservation Easement typically establishes long-term restrictions that are legally binding. Despite these differences, both are essential in the broader context of land conservation, emphasizing the owner's commitment to preserving the land's natural or agricultural qualities.

Another document related in purpose to the Michigan ES 012 form is the Land Use Change Permit Application. Often required by local governments, this application seeks permission for a change in the use of a piece of land, which could include anything from residential development to commercial uses. Similar to the ES 012 form, which requests the termination of specific land use agreements under the Farmland and Open Space Preservation Program, the Land Use Change Permit Application involves a formal review process by government authorities to ensure proposed changes align with zoning laws and community planning objectives. Both forms highlight the regulatory oversight involved in altering land use, yet they serve opposite ends of the spectrum—one to end restrictions on land development, and the other to initiate or change the type of development.

Dos and Don'ts

When filling out the Michigan ES 012 form, which is an application for the termination of a Farmland Development Rights Agreement, ensuring accuracy and completeness is vital for a successful submission. To guide applicants through this process, here are important dos and don'ts:

  • Do thoroughly read the Requirements and Instructions before beginning the application to understand the necessary steps and information required.
  • Do print or type the information clearly to prevent any misunderstandings or processing delays caused by illegible handwriting.
  • Do attach additional sheets if the space provided on the form is insufficient for your answers, ensuring all information is clearly presented and easy to follow.
  • Do attach a copy of the deed or land contract and the most recent property tax assessment notice or tax bill as required, ensuring these documents are current and accurate.
  • Don't leave any fields blank unless specified; if a question does not apply to your situation, it's appropriate to indicate with "N/A" (not applicable) to show the question was not overlooked.
  • Don't forget to sign and date the application form as this is a critical step in verifying the authenticity and agreement to the provided information.
  • Don't ignore the requirement to submit supporting documentation for the reasons for withdrawal of land from the program. Providing detailed explanations and any relevant attachments will support your application's processing.
  • Don't underestimate the importance of the sketch of the property. Even though it's a simple map, it plays a significant role in providing a clear understanding of the property layout, boundaries, and features.

Adhering to these guidelines will not only streamline the process of filling out the Michigan ES 012 form but also increase the likelihood of a favorable review. Patience and attention to detail can make a substantial difference in navigating through this intricate procedure.

Misconceptions

Understanding the complexities of legal documents and programs can be challenging, especially for those not well-versed in legal terminology and procedures. The Michigan ES 012 form, associated with the Farmland and Open Space Preservation Program, is no exception. Many misconceptions surround this document and its process, ranging from its purpose to the requirements for submitting an application. Let's clarify some of these misunderstandings.

  • Misconception #1: The ES 012 form is for registering farmland for preservation only. In reality, this form is specifically for landowners seeking to terminate their Farmland Development Rights Agreement under the Farmland and Open Space Preservation Program. This is an important distinction, as the program also involves registration processes for entering, not just exiting.

  • Misconception #2: Any farmer can terminate their agreement at any time. Termination of an agreement through the ES 012 form requires that the applicant meet one of the specific requirements outlined in section 36111A of the Natural Resources and Environmental Protection Act. This means that there are specific conditions under which termination is permitted, and not all applicants will automatically qualify.

  • Misconception #3: Personal information provided in the form, such as Social Security Numbers, is openly accessible. While the form does require detailed personal information, such as Social Security Numbers, the handling and processing of the form are subject to privacy laws and regulations, ensuring that sensitive information is protected.

  • Misconception #4: The ES 012 form is the only document needed to apply for agreement termination. The application process requires not only the ES 012 form but also supporting documents, which may include a copy of the deed or land contract, the most recent tax assessment notice, and any applicable letters or reviews from local governing bodies or planning commissions.

  • Misconception #5: Submission of the application guarantees termination. Submitting an application does not guarantee that the agreement will be terminated. Approval is subject to review by local governing bodies and the Michigan Department of Agriculture & Rural Development, and they must assess whether the application meets the specified requirements for termination.

  • Misconception #6: There is a fee associated with submitting the ES 012 form. Often, applicants are under the impression that they must pay to submit their application for termination. As of the latest updates, there is no fee for submitting the ES 012 form itself, although other related costs may arise during the process.

  • Misconception #7: Approval of termination is immediate. The process involves several steps, including review by multiple agencies and possibly adjustments based on their feedback. The governing body has 45 days from the meeting date to approve or reject the application. This can extend the timeline, making the approval process lengthier than some applicants expect.

  • Misconception #8: The program is only for traditional farming activities. While the program focuses on the preservation of farmland, it encompasses a broader range of open space preservation efforts. The ES 012 form and the associated program can apply to lands used for various agricultural practices and open space preservation, not solely traditional farming.

Correcting these misconceptions is crucial for ensuring that landowners understand their rights and obligations within the Farmland and Open Space Preservation Program. By demystifying the ES 012 form and its process, landowners can make informed decisions regarding the management and future of their land.

Key takeaways

When dealing with the Michigan ES 012 form, specifically designed for the Farmland and Open Space Preservation Program, understanding the nuances can greatly aid in a smoother application process. Here are four key takeaways to ensure compliance and enhance the chances of a successful submission:

  • Every applicant must thoroughly read the requirements and instructions before filling out the form to ensure that all information is accurately captured and that additional required documents are attached. This includes a clear understanding of the personal information section, which necessitates details about the landowner and the land being applied for, including social security numbers and the Farmland Development Rights Agreement number.
  • Legal documents such as a copy of the deed or land contract and the most recent property tax assessment notice or tax bill must be attached to the application. If there is a tax lien against the land, this must be disclosed with a detailed explanation. This transparency is crucial for the integrity of the application process.
  • For land being purchased under a land contract, the seller's agreement is essential. The form requires the land contract seller to sign, agreeing to permit the land to be released from the Farmland and Open Space Preservation Act. This endorsement by the seller is a critical step in ensuring that the application meets legal requirements.
  • The reasons for withdrawal from the program must be detailed, alongside a map or sketch of the property highlighting boundaries and notable features. This requirement underscores the importance of providing comprehensive information that supports the request for termination of the Farmland Development Rights Agreement. The detailed explanation and visual representation of the land assist in the evaluation of the application.

Accurately completing and providing the necessary attachments for the Michigan ES 012 form not only streamlines the termination process but also ensures compliance with the Farmland and Open Space Preservation Program's guidelines.

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