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Item 8-c - Resolution of Approval – Conservation Easement on Walker Farm and Approval of Budget Amendment #4-A
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Item 8-c - Resolution of Approval – Conservation Easement on Walker Farm and Approval of Budget Amendment #4-A
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BOCC
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12/18/2018
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Regular Meeting
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Agenda
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8-c
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Agenda - 12-18-2018 Special Board Meeting (individual items from CANCELLED meeting 12-11-2018)
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14 <br /> for utility transmission or distribution facilities or systems without the written consent of the <br /> Grantees. Maintenance, repair or improvement of a septic system(s) or other underground <br /> sanitary system that exists on the Protected Property at the time of this Conservation Easement, <br /> or the construction of a septic or other underground sanitary system, for the benefit of any of the <br /> improvements permitted herein and if necessary to serve the existing (or replacement) residential <br /> or commercial uses located immediately adjacent to the Protected Property on the property <br /> identified as Orange County PIN 0808-06-7557, is permitted. All other utilities are prohibited on <br /> the Protected Property. Cellular communication towers or structures are prohibited on the <br /> Protected Property. <br /> 8. Subdivision <br /> The Protected Property may not be divided, subdivided or partitioned, nor conveyed except in its <br /> current configuration as an entity. <br /> 9. Conservation Practices <br /> All agricultural operations on the Protected Property shall be conducted in a manner <br /> consistent with the requirements of this Conservation Easement and a Conservation Plan <br /> prepared in consultation with NRCS and approved by the Orange County Soil and Water <br /> Conservation District. This Conservation Plan shall be developed using the standards and <br /> specifications of the NRCS Field Office Technical Guide and 7 CFR Part 12 that are in effect on <br /> the date of execution of this Conservation Easement. The Grantor may, however, develop and <br /> implement a Conservation Plan that proposes a higher level of conservation and is consistent <br /> with the NRCS Field Office Technical Guide standards and specifications. Copies of the <br /> Conservation Plan shall be kept on file in the office of the Orange Soil and Water Conservation <br /> District and shall be provided to the Grantor and Grantees. The Conservation Plan may be <br /> updated from time to time by mutual agreement of the NRCS and the Grantor. NRCS and the <br /> Grantees shall have the right to enter upon the Protected Property, with advance notice to the <br /> Grantor, in order to monitor compliance with the Conservation Plan. <br /> In the event of noncompliance with the Conservation Plan, the Grantees shall work with <br /> the Grantor to explore methods of compliance. Grantor shall be given a reasonable amount of <br /> time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with <br /> the Conservation Plan,NRCS will inform the Grantees of the Grantor's 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 /> Grantor to correct such noncompliance, and(c) Grantor has exhausted their appeal rights under <br /> applicable NRCS regulations, the Grantees shall take all reasonable steps (including efforts at <br /> securing voluntary compliance and, if necessary, appropriate legal action)to secure compliance <br /> with the Conservation Plan. Notwithstanding the foregoing, in the event that the Grantees <br /> reasonably believe that there is a substantial, ongoing event or circumstance of non-compliance <br /> with the Conservation Plan despite efforts to work with the Grantor to correct such non- <br /> compliance, Grantees may proceed to take all reasonable steps to secure compliance. <br /> Page 8 of 19 <br />
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