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Agenda - 12-05-2016 - 4-a - Resolution of Approval – Conservation Easement for Persimmon Hill Farm
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Agenda - 12-05-2016 - 4-a - Resolution of Approval – Conservation Easement for Persimmon Hill Farm
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12/1/2016 4:18:53 PM
Creation date
12/2/2016 8:44:09 AM
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BOCC
Date
12/5/2016
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4a
Document Relationships
2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2016
Minutes 12-05-2016
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\Board of County Commissioners\Minutes - Approved\2010's\2016
RES-2016-073 Resolution of Approval of Agricultural Conservation Easement between OC and Vann Bennett and Bernadette Pelissier
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\Board of County Commissioners\Resolutions\2010-2019\2016
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14 <br /> Persimmon Hill Farm Conservation Easement(Bennett/Pelissier) <br /> consultation with NRCS and approved by the Orange County Soil and Water Conservation <br /> District. This Conservation Plan shall be developed using the standards and specifications of the <br /> NRCS Field Office Technical Guide and 7 CFR Part 12 that are in effect on the date of execution <br /> of this Conservation Easement. The Grantors may, however, develop and implement a <br /> Conservation Plan that proposes a higher level of conservation and is consistent with the NRCS <br /> Field Office Technical Guide standards and specifications. Copies of the Conservation Plan shall <br /> be kept on file in the office of the Orange Soil and Water Conservation District and shall be <br /> provided to the Grantors and Grantee. The Conservation Plan may be updated from time to time <br /> by mutual agreement of the NRCS and the Grantors. NRCS and the Grantee shall have the right <br /> to enter upon the Property, with advance notice to the Grantors, in order to monitor compliance <br /> with the Conservation Plan. <br /> In the event of noncompliance with the Conservation Plan, the Grantee shall work with <br /> the Grantors to explore methods of compliance. Grantors shall be given a reasonable amount of <br /> time, not to exceed twelve months, to take corrective action. If the Grantors do not comply with <br /> the Conservation Plan,NRCS will inform the Grantee of the Grantors' non-compliance. <br /> Following receipt of written notification from NRCS that(a) there is a substantial, ongoing event <br /> or circumstance of non-compliance with the Conservation Plan, (b)NRCS has worked with the <br /> Grantors to correct such noncompliance, and (c) Grantors have exhausted their appeal rights <br /> under applicable NRCS regulations, the Grantee shall take all reasonable steps (including efforts <br /> at securing voluntary compliance and, if necessary, appropriate legal action) to secure <br /> compliance with the Conservation Plan. Notwithstanding the foregoing, in the event that the <br /> Grantee reasonably believe that there is a substantial, ongoing event or circumstance of non- <br /> compliance with the Conservation Plan despite efforts to work with the Grantors to correct such <br /> non-compliance, Grantee may proceed to take all reasonable steps to secure compliance. <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 (Conservation Practices) of this <br /> Conservation Easement and in accordance with a Forest Management Plan that is prepared by a <br /> professional licensed forester, and that is approved by Grantee, which approval shall not be <br /> unreasonably withheld. <br /> Any other cutting, removal or harvesting of trees, including any commercial harvesting of <br /> trees, may be undertaken only if it occurs outside of the stream buffer described in Paragraph 4 <br /> (Right to Farm) of this Conservation Easement and it is in accordance with the Conservation <br /> Plan and Forest Management Plan referred to in this Paragraph 10 (Forest Management). <br /> Trees may be planted, harvested and removed within the areas identified and marked as <br /> "Farmstead Area" and "Existing Residential Envelope" on Exhibit A and in the two-acre future <br /> Page 9 of 18 <br />
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