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008 <br />2012- 08- 14.THOMPSON.Conservation Easement Deed DRAFT <br />classified as "prime" or "statewide important" soils by the Natural Resources <br />Conservation Service ( "NRCS "), United States Department of Agriculture ( "USDA," <br />also referred to as "United States "). It is the primary purpose of this Easement to protect <br />the agricultural soils and agricultural viability and productivity by limiting <br />nonagricultural uses of the Protected Property. The agricultural resources of the <br />Protected Property and its contribution of the protection of prime farmland soils and the <br />other conservation interests described herein to be preserved by this Easement are <br />collectively referred to as the "Conservation Values" of the Protected Property. <br />WHEREAS, the specific Conservation Values of the Protected Property and its <br />current use and state of improvement are described in a Baseline Documentation Report <br />( "Report') prepared by the Grantee with the cooperation of the Grantor, and <br />acknowledged by both parties to be accurate as of the date of this Easement. This Report <br />may be used by the Grantee to document any future changes in the use or character of the <br />Protected Property in order to ensure the terms and condition of the Easement are <br />fulfilled. This Report, however, is not intended to preclude the use of other evidence to <br />establish the present condition of the Protected Property if there is a controversy over its <br />use. The Grantor and Grantee have copies of this Report, and said report will remain on <br />file at the offices of the Black Family Land Trust and the Orange County Department of <br />Environment, Agriculture, Parks and Recreation. <br />WHEREAS, the Grantor and Grantee agree that the current agricultural use of, <br />and improvements to, the Protected Property are consistent with the conservation <br />purposes of this Easement. <br />WHEREAS, the Grantor intends that the Conservation Values of the Protected <br />Property be preserved and maintained, and further, Grantor intends to convey to the <br />Grantee the right to preserve and protect the agricultural and other Conservation Values <br />of the Protected Property in perpetuity. <br />WHEREAS, the Conservation Purposes of the Easement are recognized by, and <br />the grant of this Easement will serve, the following clearly delineated governmental <br />conservation policies: <br />(1) Sections 1238 H and 1238 I of the Food Security Act of 1985, as amended, <br />which authorizes the Farm and Ranch Lands Protection Program, <br />administered through the NRCS which provides funds for the acquisition of <br />Conservation Easements or other interests in prime, unique, or other <br />productive soils for the purpose of limiting conversion to nonagricultural uses <br />of the land; <br />(2) The purpose of the Farm and Ranch Lands Protection Program, 16 U.S.C. <br />3838h and 3838i, is to protect the agricultural use and related conservation <br />values of eligible land by limiting nonagricultural uses of the Protected <br />Property in perpetuity. <br />3 <br />