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S Conservation Easement - Fickle Creek Farm
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S Conservation Easement - Fickle Creek Farm
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Last modified
5/3/2011 3:20:38 PM
Creation date
6/19/2009 12:23:16 PM
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BOCC
Date
2/20/2007
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
6a
Document Relationships
Agenda - 02-20-2007-6a
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\Board of County Commissioners\BOCC Agendas\2000's\2007\Agenda - 02-20-2007
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20070411000124050 DEED <br />Bk:RB4256 Pg:448 <br />04!11!2007 04:34:35PM 4/19 <br />herein.. Grantors promise that they will not perform, nor knowingly allow others to perform, any • <br />act on or affecting the Property that is inconsistent with the covenants herein. Grantors authorize <br />the Grantee to enforce these covenants in the manner described below. <br />Grantors hereby voluntarily grant and convey to the Grantee all development rights for <br />the Property, except as otherwise reserved and provided by the terms of this Conservation <br />Easement, that are now or hereafter inherent in the Property. The parties agree that such <br />development rights are now terminated and extinguished, and may not be used on or transferred <br />to any other property adjacent or otherwise, nor used for the purpose of calculating permissible <br />lot yield of the Property or any other property by anyone or any entity, including the Grantee. <br />2. Statement of Purpose <br />It is the primary purpose of this Agricultural Conservation Easement to enable the <br />Property to•remain in agricultural use by preserving and protecting its agricultural soils and <br />agricultural viability and productivity. Except as specifically permitted herein, no activity that <br />would impair the actual or potential agricultural use of the Property shall be permitted. To the <br />extent that the preservation and protection of the natural, historic, recreational, habitat, or scenic <br />values referenced in this Conservation Easement are consistent with the primary purposes stated <br />above, it is within the purpose of this Conservation Easement to also protect those values, and no <br />activity that would significantly impair those values shall be permitted. <br />h 1 be etual. It is an easement in oss, runs with the • <br />This Conservation Easement s al peril ~' <br />land, and is enforceable by Grantee against the Grantors, their representatives, heirs, successors <br />and assigns, lessees, agents, and licensees. <br />3. Rights and Responsibilities Retained by Grantors <br />Notwithstanding any provisions of this Conservation Easement to the contrary, the <br />Grantors reserve to and for themselves and their successors all customary rights and privileges of <br />ownership, including the rights to sell, lease, and devise the Property provided such transaction is <br />subject to the terms of this Conservation Easement and written notice is provided to Grantee, <br />together with any rights not specifically prohibited by or limited by this Conservation Easement, <br />and consistent with this Conservation Easement. Unless otherwise specified below, nothing in <br />this Conservation Easement shall require the Grantors to take any action to restore the condition <br />of the Property after any natural disaster or other event over which they had no control. Grantors <br />understand that nothing in this Deed relieves them of any obligation or restriction on the use of <br />the Property imposed by law. <br />4. Right to Farm <br />Grantors retain the right to farm, or to permit others to farm the Property, consistent with <br />the conservation values of the Property and in accordance with applicable local, state, and federal <br />laws and regulations. • <br />Page 4 of 18 <br />
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