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Agenda - 01-15-2008-3c
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Agenda - 01-15-2008-3c
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Last modified
8/4/2009 12:16:27 PM
Creation date
8/28/2008 9:27:43 AM
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BOCC
Date
1/15/2008
Document Type
Agenda
Agenda Item
3c
Document Relationships
Minutes - 20080115 - Late
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2008
RES-2008-001 Approval of Easement William Breeze Sr
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2008
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Breeze Agricultural Conservation Easement (I) 12/21/07 draft (clean) ~O~ <br />Conservation Easement. It is understood that notice of this Conservation Easement will be <br />included in any instrument recorded that subdivides, partitions or otherwise divides parcels. <br />9. Conservation Practices <br />As required by Section 1238 I of the Food Security Act of 1985, as amended, the Grantor, <br />his heirs, successors, or assigns, shall conduct all agricultural operations on the Property in a <br />manner consistent with a Conservation Plan prepared in consultation with MRCS and approved <br />by the Orange County Soil and Water Conservation District. This Conservation Plan shall be <br />developed using the standards and specifications of the MRCS Field Office Technical Guide and <br />7 CFR Part 12 that are in effect on the date of execution of this Conservation Easement. The <br />Grantor may, however, develop and implement a Conservation Plan that proposes a higher level <br />of conservation and is consistent with the MRCS Field Office Technical Guide standards and <br />specifications. MRCS shall have the right to enter upon the Property, with advance notice to the <br />Grantor, in order to monitor compliance with the Conservation Plan. <br />In the event of noncompliance with the Conservation Plan, NRCS shall work with the <br />Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not <br />to exceed twelve months, to take corrective action. If the Grantor does not comply with the <br />Conservation Plan, MRCS will inform Grantee of the Grantor's non-compliance. Grantee shall <br />take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, <br />appropriate legal action) to secure compliance with the Conservation Plan following written <br />notification from MRCS that (a) there is a substantial, ongoing event or circumstance of non- <br />compliance with the Conservation Plan, (b) NRCS.has worked with the Grantor to correct such <br />noncompliance, and (c) Grantor has exhausted his appeal rights under applicable MRCS <br />regulations. <br />If the MRCS standards and specifications for highly erodible land are revised after the <br />date of this Grant based on an Act of Congress, MRCS will work cooperatively with the Grantor <br />to develop and implement a revised Conservation Plan. The provisions of this section apply to <br />the highly erodible land conservation requirements of the Farm and Ranch Lands Protection <br />Program and are not intended to affect any other natural resources conservation requirements to <br />which the Grantor may be or may become subject. <br />10. Forest Management <br />Everywhere on the Property, trees may be removed, .cut and otherwise managed to control <br />insects and disease, to prevent personal injury and property damage, to remove non-native <br />species, for pasture restoration, for firewood and other non-commercial uses, including <br />construction of permitted improvements and fences on the Property, so long as done in <br />accordance with the Conservation Plan referenced in Paragraph 9 of this Conservation Easement <br />and in accordance with a forest management plan that is prepared by a professional licensed <br />forester and is consistent with the above referenced Conservation Plan and that is approved by <br />Grantee, which approval shall not be unreasonably withheld. <br />
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