1999 S ERCD - Agricultural Conservation Agreement Hurley T Tate - 09-07-1999 - 8c

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~~~c~0~~ -~~~~_ ~~«? 1. Purpose. It is the purpose of this Agreement to assure that the Property will be retained in agricultural use and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property. For the purposes of this Agreement, "agricultural use" is defined as cultivation of soil for production of crops, including but not limited to fruits, vegetables, flowers, and ornamental plants, the planting and production of trees and timber, and the raising of livestock, for individual and public use, consumption, and marketing. Grantor intends that this Agreement will confine the use of the Property to such activities as are consistent with the purpose of this Agreement. 2. Rights of Grantee. To accomplish the purpose of this Agreement, the following rights are conveyed to Grantee by this Agreement: (a) As provided in and subject to the limitations contained in this Agreement, Grantor shall preserve and protect the conservation values of the Property by limiting its use to agricultural use as defined in this Agreement; and (b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with the tcrms of this Agreement; provided, however, that such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. 3. Rights of Grantor. Grantor reserves to himself, and to his personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent .with the purposes of this Agreement. In addition to the foregoing .and to accomplish the purpose of this Agreement, the following rights are conveyed to Grantor: (a) To have a sign identifying the existence of the District erected on each major public road providing access to the Property; (b) To have water and/or sewer assessments held in abeyance, without interest, until improvements on the Property are connected to the water. and/or sewer systems of the Grantee; including the right to decide when it is necessary to connect such improvements to the water and/or sewer systems of the Grantee; (c) To have the Grantee, through its Land Records System, provide a notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one-half mile of the Property; (d) Upon notice to the Board that a State or local public agency or governmental unit, including the Grantee, will formally initiate action to condemn any interest in the Property, the Board or its authorized representative shall hold a public hearing on the proposed condemnation; and