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S Warranty Deed of Agricultural Conservation Easement Victor Carl Walters, Jr and Elizabeth T Walters
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S Warranty Deed of Agricultural Conservation Easement Victor Carl Walters, Jr and Elizabeth T Walters
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8/16/2011 9:57:08 AM
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8/16/2011 9:57:00 AM
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BOCC
Date
11/1/2003
Meeting Type
Regular Meeting
Document Type
Ordinance
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Minutes 08-22-2011
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\Board of County Commissioners\Minutes - Approved\2010's\2011
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Easement, or the construction of a septic or other underground sanitary system, for the benefit <br />of any of the improvements permitted herein, is permitted. <br />8. Subdivision <br />The Property currently consists of three separate tracts. The legal subdivision of the <br />Property, recording of a subdivision plan, partition, or any other division of the Property into <br />additional tracts or parcels, is prohibited except as provided for in Paragraph 7(d) which <br />pertains to a single family residential dwelling.. This prohibition applies regardless of how <br />many separately described parcels are contained in the legal description attached as Exhibit A. <br />In any event, all terms, restrictions, and conditions of this Easement shall apply to that portion <br />of any subdivided parcel permitted by the terms of this Deed of Easement that is located <br />outside the residential structure building envelope permitted in Paragraph 7(d). It is <br />understood that notice of this Easement will be recorded on any approved subdivided, <br />partitioned or otherwise divided parcels. <br />9. Conservation Practices <br />As required by Section 1238 I of the Food Security Act of 1985, as amended, the <br />Grantors, their heirs, successors, or assigns, shall conduct all agricultural operations on the <br />Property in a manner consistent with a Conservation Plan prepared in consultation with NRCS <br />and approved by the Soil and Water Conservation District.. This Conservation Plan shall be <br />developed using the standards and specifications of the NRCS Field- Office Technical Guide <br />and 7 CFR Part 12 that are in effect on the date of execution of this Easement. The Grantors <br />may, however, develop and implement a Conservation Plan that proposes a higher level of <br />conservation and is consistent with the NRCS Field Office Technical Guide standards and <br />specifications. NRCS shall have the right to enter upon the Property, with advance notice to <br />the Grantors, in order to monitor compliance with the Conservation Plan. <br />- =ln=the event of noncompliance-with the Coirset'vation~ Plan;=hfiRCS ~harll work-with the - - - <br />Grantors to explore methods of compliance and give the Grantors a reasonable amount of time, <br />not to exceed twelve months, to take corrective action. If the Grantors do not comply with the. <br />Conservation Plan, NRCS will inform the Grantee of the Grantors' non-compliance. The <br />Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, <br />if necessary, appropriate legal action) to secure compliance with the Conservation Plan <br />following written notification from NRCS that (a) there is a substantial, ongoing event or <br />circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the <br />Grantors to correct such noncompliance, and (c) Grantors have exhausted their appeal rights <br />under applicable NRCS regulations. <br />The land application, storage and placement on the Property of domestic septic effluent <br />and municipal sewage sludge or liquid generated from such sources for agricultural purposes <br />may be undertaken only if in accordance with all applicable federal, state and local laws and <br />regulations. <br />Page 7 of 20 <br />
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