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Fickle Creek Farm Conservation Easement Draft BOCC Jan 22 18 <br />subject to any applicable law which expressly provides for a different disposition of the proceeds. <br />The Grantee and the United States of America shall divide the resulting proceeds in accordance <br />with the percentage of the purchase price of the Conservation Easement that each party <br />contributed. The percentages are _% for the Grantee and _% for the United States of America. <br />All termination related expenses incurred by the Grantors and Grantee shall be paid out of <br />any recovered proceeds prior to distribution of the net proceeds as described herein. <br />24. Procedure in the Event of Condemnation or Eminent Domain <br />Grantors and Grantee recognize that the partial sale of this Conservation Easement gives <br />rise to a property right, immediately vested in Grantee, with a fair market value equal to the <br />proportionate value that the Conservation Easement bears to the value of the Property prior to the <br />restrictions imposed by the Conservation Easement. Accordingly, if any condemnation or <br />eminent domain action shall be taken, on all or part of the Property, by, any authorized authority, <br />said authority shall be liable to Grantee for the value of the property right vested in Grantee at the <br />time of the signing of this Conservation Easement. Due to the federal interest in this Deed, the <br />United States must consent to any condemnation action. <br />If condemnation or a taking by eminent domain of a part of the Property or the entire <br />Property by a public authority renders it impossible to fulfill any of the conservation purposes of <br />this Conservation Easement on all or part of the Property, the Conservation Easement may be <br />terminated or modified accordingly through condemnation proceedings. Grantors and Grantee <br />agree that the Conservation Easement is a currently vested real property right with a value equal <br />to the proportionate value the Conservation Easement has to the unencumbered value of the fee, <br />as of the date of this grant. If the Conservation Easement is terminated or modified and any or all <br />of the Property is sold or taken for public use, then, as required by Section 1.170A- 14(g)(6) of <br />the IRS regulations, Grantee shall be entitled to the proportionate value of the Conservation <br />Easement, which has been predetermined at sixty -five percent (65 %) of the Property's <br />unrestricted value, subject to any applicable law which expressly requires for a different <br />disposition of the proceeds. <br />If this Conservation Easement is terminated or modified by condemnation action or <br />eminent domain, the Grantee and the United States shall share, _% to Grantee and _% to the <br />United States, the Grantee's proportional value of the Conservation Easement. <br />If, however, after the condemnation or eminent domain proceedings, a court of <br />jurisdiction does not include, in the just compensation awarded as a result of the taking, the <br />amount of the Conservation Easement value, then the Grantors shall not be responsible to share <br />any proceeds awarded. <br />All condemnation- related expenses incurred by the Grantors and Grantee shall be paid <br />out of any recovered proceeds prior to distribution of the net proceeds as described herein. <br />25. Interpretation <br />