|
Breeze Agricultural Conservation Easement (I) 12/21/07 draft (clean) ~ ~
<br />The grant of any easements or use restrictions that might diminish or impair the
<br />agricultural viability or productivity of the Property or otherwise diminish or impair the
<br />Conservation Values of the Property is prohibited. Any such easements or restrictions shall be
<br />subordinated to this Conservation Easement. Grantor may, with the advance written permission
<br />of Grantee, which permission shall not be unreasonably withheld, grant and convey an easement
<br />for ingress, egress and regress and for utility purposes in order to provide access to the property
<br />identified as "XX~~ Acres of Tract 1 Excluded from Conservation Easement" on the recorded
<br />plat. [NRCS recommends that the width of any future access roads through the conservation
<br />easement be restricted to single lane only-both in easement agreement and on recorded plat.
<br />Shaw will confer v~nth Planning & County Attorney on suitable language.] Any such easements
<br />shall be subordinate to this Conservation Easement, shall be located wholly within the area
<br />designated "Future Variable Width Right of Way" on the recorded plat, and the impervious
<br />surface limits on the Property as described in Paragraph 7(b) of this Conservation Easement shall
<br />pertain to any impervious surface within any such easement.
<br />31. Grantor's Environmental Warranty
<br />"Environmental Law" or "Environmental Laws" means any and all Federal, state, local or
<br />municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or
<br />requirements of any governmental authority regulating or imposing standards of liability or
<br />standards of conduct (including common law) concerning air, water, solid waste, hazardous
<br />materials, worker and community right-to-know; hazard communication, noise, radioactive
<br />material, resource protection, subdivision, inland wetlands and watercourses, health protection
<br />and similar environmental health, safety, building and land use as may now or at any time
<br />hereafter be in effect.
<br />"Hazardous Materials" means any petroleum, petroleum products, fuel ail, waste oils,
<br />explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals,
<br />hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic
<br />chemicals, radioactive materials, infectious materials and any other element, compound, mixture,
<br />solution or substance which may pose a present or potential hazard to human health or the
<br />environment.
<br />Grantor warrants that it is in compliance with, and shall remain in compliance with, all
<br />applicable Environmental Laws. Grantor warrants that there are no notices by any governmental
<br />authority of any violation or alleged violation of, non-compliance or alleged non-compliance
<br />with or any liability under any Environmental Law relating to the operations or conditions of the
<br />Property..
<br />Grantor warrants that he has no actual knowledge of a release or threatened release of any
<br />Hazardous Materials on, at, beneath or from the Property exceeding regulatory limits. Moreover,
<br />Grantors hereby promise to indemnify and hold harmless the Grantee and United States against
<br />all costs, claims, demands, penalties and damages, including reasonable attorney fees, arising
<br />from or connected with the release or threatened release of any Hazardous Materials on, at,
<br />
|