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S Agricultural Conservation Easement with Carl and Elizabeth Walters
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S Agricultural Conservation Easement with Carl and Elizabeth Walters
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Last modified
8/16/2011 10:01:53 AM
Creation date
8/16/2011 10:01:40 AM
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BOCC
Date
12/1/2003
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
5a
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Agenda - 12-01-2003-5a
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 12-01-2003
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prohibited. Provided, however, that the storage of agricultural products, byproducts <br />(including the composting of biodegradable material for on-farm use) and agricultural <br />equipment used on the Property is allowable, so long as such storage is done in accordance <br />with all applicable government laws and regulations and in such a manner so as to not impair <br />the conservation values of the Property. <br />14. Water Rights <br />Grantors shall retain and reserve the right to use any appurtenant water rights sufficient <br />to maintain the agricultural productivity of the Property. Grantors shall not transfer, encumber, <br />lease, sell or otherwise separate such water rights from title to the Property itself. <br />15. Natural Resource Restoration and Enhancement Activities <br />Notwithstanding any terms contained within this Easement, Grantors may engage or <br />contract others to engage in any activity designed to repair, restore, or otherwise enhance the <br />natural .resources found or once present on the Property, that are consistent with the <br />conservation values of this conservation easement and subject to the written approval of <br />Grantee and the NRC5. <br />16. Ongoing Responsibilities of Grantors and Grantee <br />- Other than as specified herein, this Easement is not intended to impose any legal or <br />other responsibility on the Grantee or the United States, or in any way to affect any existing <br />obligation of the Grantors as owners of the Property. Among other things, this shall apply to: <br />(a) Taxes -- The Grantors shall continue to be solely responsible for payment of all <br />taxes and assessments levied against the Property. If the Grantee is ever required to pay any <br />-F- <br />_" ~ ~ taxes or=assessments on its interest in the Property, the Grantor=~vi11 reimburse the azttee=fur E.. <br />~_: - :the same: _ - <br />(b) Upkeep and Maintenance -- The Grantors shall continue to be solely responsible <br />for the upkeep and maintenance of the Property, to the extent it may be required by law. The <br />Grantees shall have no obligation for the upkeep or maintenance of the Property. <br />(c) Liability and Indemnification -- Grantors agree to indemnify and hold Grantee <br />harmless from any and all costs, claims or liability, including but not limited to reasonable <br />attorneys' fees arising from any personal injury, accidents, negligence or damage relating to <br />the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in <br />which case liability shall be apportioned accordingly. In addition, Grantors agree to maintain <br />liability insurance covering the Property with the limits as follows: $300,000, $300,000 <br />personal injury; and $300,000 property damage; and warrant that Grantee is and will remain a <br />named insured on Grantors' Property insurance policies covering the Property. Grantors shall <br />provide Grantee with a certificate of insurance coverage on the effective date of this Easement <br />and within 10 days of each insurance renewal date. <br />Page 9 of 20 <br />
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