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Agenda - 09-12-2006-6c
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Agenda - 09-12-2006-6c
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Last modified
9/2/2008 5:08:53 AM
Creation date
8/29/2008 9:46:08 AM
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BOCC
Date
9/12/2006
Document Type
Agenda
Agenda Item
6c
Document Relationships
Minutes - 20060912
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2006
RES-2006-074 Agricultural Conservation Easement with Vickie & David McKee
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2006
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McKee Agr-icttltzo°al Conservation Easement <br />8. Subdivision <br />Draft #4 (BOCC) <br />~ ?) <br />The Property currently consists of a portion of one single tract. The further subdivision of <br />the Property, including its partition, is prohibited except as maybe required by Orange County to <br />enable the construction of the farm support dwelling provided for in Paragraph 7(c). In the event <br />a farm support dwelling is constntcted that requires Orange County subdivision approval, the <br />subdivided lot shall, so long as this Conservation Easement is applicable to the Property, remain <br />in the sanle ownership as the parent parcel from which the farm support dwelling lot is divided <br />so that if conveyed the tenant housing, farmstead area, and parent parcel remain together as one <br />parcel.. This prohibition applies regardless of how many separately described parcels are <br />contained in the legal description attached as Exhibit A. In any event, all terms, restrictions, and <br />conditions of this Conservation Easement shall apply to any subdivided parcel permitted by the <br />terms of this Conservation Easement, including but not limited to the requirements of <br />agricultural viability of the Property, the restrictions on future development, the impervious <br />surface limits on the Property as described in Paragraph 7(b) of this Conservation Easement, the <br />necessity of a Conservation Plan, and the prohibition on activities that are described in this <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 pazcels. <br />9. Conservation Practices <br />As required by Section 12.38 I of the Food Security Act of 1985, as amended, the <br />Grantors, their heirs, successors, or assigns, shall conduct all agricultural operations on the <br />Property in a manner consistent with a Conservation Plan prepared in consultation with NRCS <br />and approved by the Orange County Soil and Water Conservation District. This Conservation <br />Plan shall be developed using the standards and specifications of the NRCS Field Office <br />Technical Guide and 7 CFR Part 12 that are in effect on the date of execution of this <br />Conservation Easement. The Grantors may, however, develop and implement a Conservation <br />Plan that proposes a higher level of conservation and is consistent with the MRCS Field Office <br />Technical Guide standards and specifications. MRCS shall have the right to enter upon the <br />Property, with advance notice to the Grantors, in order to monitor compliance with the <br />Conservation Plan. <br />In the event of noncompliance with the Conservation Plan, NRCS shall work with the <br />Grantors to explore methods of compliance and give the Grantors a reasonable amount of time, <br />not to exceed twelve months, to take corrective action. If the Grantors do not comply with the <br />Conservation Plan, MRCS will inform Grantee of the Grantors' 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 NRCS that (a) there is a substantial, ongoing event or circumstance of non- <br />compliancewith the Conservation Plan, (b) NRC.S has worked with the Grantors to correct such <br />noncompliance, and (c) Grantors have exhausted their appeal rights under applicable NRCS <br />regulations. <br />Page 8 of 18 <br />
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