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2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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Last modified
12/7/2016 8:17:46 AM
Creation date
12/7/2016 8:14:15 AM
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BOCC
Date
12/5/2016
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
4a
Document Relationships
Agenda - 12-05-2016 - 4-a - Resolution of Approval – Conservation Easement for Persimmon Hill Farm
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\Board of County Commissioners\BOCC Agendas\2010's\2016\Agenda - 12-05-2016 - Regular Mtg.
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14. Water Rights <br /> Grantors shall retain and reserve the right, consistent with federal, State and local laws <br /> and regulations, to use any appurtenant water rights sufficient to maintain the agricultural <br /> productivity of the Property. Grantors shall not transfer, encumber, lease, sell or otherwise <br /> separate such water rights from title to the Property itself. <br /> 15. Natural Resource Restoration and Enhancement Activities <br /> Notwithstanding any terms contained within this Conservation Easement, Grantors may <br /> engage or contract others to engage in any activity designed to repair, restore, or otherwise <br /> enhance the natural resources found or once present on the Property, that are consistent with the <br /> Conservation Values of this Conservation Easement and subject to the written approval of the <br /> Grantee and the Natural Resources Conservation Service. <br /> 16. Signs <br /> No new signs shall be permitted on the Property except interpretive signs describing <br /> activities and Conservation Values of the Property, signs identifying the owner of the Property <br /> and the holder of the Conservation Easement, and signs giving directions or proscribing rules and <br /> regulations for the use of the Property. All signs permitted on the Property shall conform to <br /> applicable Orange County zoning, subdivision and building code regulations. <br /> 17. Ongoing Responsibilities of Grantors and Grantee <br /> Other than as specified herein, this Conservation Easement is not intended to impose any <br /> legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the <br /> Grantors as owners of the Property. Among other things, this shall apply to: <br /> (a) Taxes—The Grantors shall continue to be solely responsible for payment of all <br /> taxes and assessments levied against the Property. If the Grantee are ever required to pay any <br /> taxes or assessments on its interest in the Property, the Grantors will reimburse the Grantee for <br /> the same. <br /> (b) Upkeep and Maintenance—The Grantors retain all responsibilities and shall bear <br /> all costs and liability of any kind related to the ownership, operation, and upkeep and <br /> maintenance of the Property, including maintenance of all fencing and other structures and <br /> facilities necessary to comply with the terms and conditions of this Conservation Easement and <br /> the maintenance of adequate comprehensive general liability insurance coverage. Grantee shall <br /> have no obligation for the upkeep or maintenance of the Property. Grantors will remain <br /> responsible for upkeep, maintenance, and repairs to any impoundments located on the Property. <br /> (c) Liability and Indemnification—Grantors agree to indemnify and hold the Grantee <br /> harmless from any and all costs, claims or liability,including but not limited to reasonable <br /> attorneys' fees, arising from(i) any personal injury, accidents, negligence or damage relating to <br /> Page 11 of 18 <br />
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