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McKee Agr"icultural Conservation Easement Draft #4 (BOCC) ~./ <br />1. Grant of Agricultural Conservation Easement v <br />Grantors hereby voluntarily grant and convey to the Grantee, and the Grantee hereby <br />voluntarily accepts, a perpetual Agricultural Conservation Easement in the Property, which <br />easement is an immediately vested interest in real property the nature and character described <br />herein. Grantors promise that they will not perform, nor knowingly allow others to perform, any <br />act on or affecting the Property that is inconsistent with the covenants herein. Grantors authorize <br />the Grantee to enforce these covenants in the manner described below. <br />Grantors hereby voluntarily grant and convey to the Grantee all development rights for <br />the Property, except as otherwise reserved and provided by the terms of this Conservation <br />Easement, that aze now or hereafter inherent in the Property. The parties agree that such <br />development rights are now terminated and extinguished, and may not be used on or transferred <br />to any other property adjacent or otherwise, nor used for the purpose of calculating permissible <br />lot yield of the Property or any other property by anyone or any entity, including the Grantee, <br />1. Statement of Propose <br />It is the primary purpose of this Agricultural Conservation Easement to enable the <br />Property to remairi in agricultural use by preserving and protecting its agricultural soils and <br />agricultural viability and productivity. Except as specifically permitted herein, no activity that <br />would impair the actual or potential agricultural use of the Property shall be permitted. To the <br />extent that the preservation and protection of the natural, historic, recreational, habitat or scenic <br />values referenced in this Conservation Easement are consistent with the primary purposes stated <br />above, it is within the purpose of this Conservation Easement to also protect those values, and no <br />activity that would significantly impair those values shall be permitted. <br />This Conservation Easement shall be perpetual. It is an easement in gross, runs with the <br />land and is enforceable by Grantee against the Grantors, their representatives, heirs, successors <br />and assigns, lessees, agents, and licensees. <br />3. Rights and Responsibilities Retained by Grmrtor°s <br />Subject to the terms and restrictions hereof; the Grantors reserve to and for themselves <br />and their' successors the right to quiet enjoyment of the Property and the right to partake in <br />passive recreation on the Property. The Grantors reserve to and for themselves and their <br />successors all customary rights and privileges of ownership, including the rights to sell, lease, <br />and devise the Property provided such transaction is subject to the terms of this Conservation <br />Easement and written notice is provided to Grantee, together with any rights not specifically <br />prohibited by or limited by this Conservation Easement, and consistent with this Conservation <br />Easement. Unless otherwise specified below, nothing in this Conservation Easement shall <br />require the Grantors to take any action to restore the condition of the Property after any Act of <br />God or other event over which they had no control. Grantors understand that nothing in this <br />Deed relieves them of any obligation or restriction on the use of the Property imposed bylaw. <br />Page 4 of 18 <br />