Agenda - 01-24-2012 - 8a - Laserfiche WebLink

Browse Search

Brooks Farm - Conservation Easement Draft #2 BOCC 15 Easement. It is understood that notice of this Conservation Easement will be included in any instrument recorded that recombines, subdivides, partitions or otherwise divides the Property. Notwithstanding the foregoing, in the event that any tract which is two (2) acres in size or smaller is hereafter subdivided from the Property in accordance with the terms of this Conservation Easement and such tract is located entirely outside the boundaries of the Riparian Corridor shown on Exhibit A, the terms, restrictions and provisions of this of this Conservation Easement shall no longer apply to said two -acre (or smaller) tract. Thereafter, however, such tract shall at no time in the future be recombined with the Property, and for each such two -acre (or smaller) tract that is subdivided from the Property the total number of separate tracts of which the Property may consist shall be reduced by one. For example, if one two -acre tract is subdivided from the Property, the Property shall thereafter consist of no more than two (2) separate tracts of land. If two two -acre tracts are subdivided from the Property that Property shall thereafter consist of only one tracts of land, and may not thereafter be subdivided, partitioned or divided in any way for any purpose whatsoever. 9. Conservation Practices All agricultural operations on the Property shall be conducted in a manner consistent with a Conservation Plan prepared in consultation with NRCS and approved by the Orange County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide and 7 CFR Part 12 that are in effect on the date of execution of this Conservation Easement. The Grantors may, however, develop and implement a Conservation Plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. Copies of the Conservation Plan shall be kept on file in the office of the local Soil and Water Conservation District and Grantor and shall be provided to the Grantee. NRCS and Grantee shall have the right to enter upon the Property, with advance notice to the Grantors, in order to monitor compliance with the Conservation Plan. [Add language to acknowledge that Conservation Plan may be updated from time to time.] In the event of noncompliance with the Conservation Plan, NRCS and Grantee shall work with the Grantors to explore methods of compliance. Grantors shall be given a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantors do not comply with the Conservation Plan, NRCS will inform Grantee of the Grantors' non - compliance. Following receipt of written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non - compliance with the Conservation Plan, (b) NRCS has worked with the Grantors to correct such noncompliance, and (c) Grantors have exhausted their appeal rights under applicable NRCS regulations Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan. Notwithstanding the foregoing, in the event that Grantee reasonably believes that there is a substantial, ongoing event or circumstance of non - compliance with the Conservation Plan despite efforts to work with the Grantors to correct such non- compliance, Grantee may proceed to take all reasonable steps to secure compliance. Page 9 of 20