Agenda - 06-05-2001-5a - Laserfiche WebLink

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Walters Conservation Easement draft 05/1 S/01 NOW, THEREFORE, far the reasons given, and in consideration of their mutual covenants, terms, conditions and restrictions contained herein, the parties agree as follows. 1. Grant of Agricultural Easement Grantors hereby voluntazily grant and convey to the Grantee, and the Grantee hereby voluntarily accepts, a perpetual Agricultural Conservation Easement, an immediately vested interest in real property the nature and chazacter described herein. Grantors promise that they will not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants herein. Grantors authorize the Grantee to enforce these covenants in the manner described below. 2. Statement. of Purpose It is the primary purpose of this Agricultural Conservation Easement to enable the Property to remain in agricultural use by preserving and protecting its agricultural soils and agricultural viability and productivity. No activity which shall significantly impair the actual or potential agricultural use of the Property shall be permitted. To the extent that the preservation and protection of the natural, historic, recreational, habitat or scenic values, referenced in this Easement are consistent with 'the primary purpose stated above, it is within the purpose of this Easement to also protect those values, and no activity which shall significantly impair those values shall be permitted. 3. Rights and Responsibilities Retained by Grantors Notwithstanding any provisions of this Easement to the contrary, the Grantors reserve to and for themselves and their successors all customary rights and privileges of ownership, including the rights to sell, lease, and devise the Property, together with any rights not specifically prohibited by or limited by this Easement, not inconsistent with the Statement of Purpose herein. Unless otherwise specified below, nothing in this Easement shall require the Grantors to take any action to restore the condition of the Property after any Act of God or other event over which they had no control. Grantors understand that nothing in this Deed relieves them of any obligation or restriction on the use of the Property imposed by law. 4. Right to Farm Grantors retain the right to farm, or to permit others to farm the Property, consistent with the conservation values of the Property and in accordance with applicable local, state and federal laws and regulations. 5. Right to Privacy Grantors retain the night to privacy and the right to exclude any member of the public from trespassing on the Property. 8 3