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Agenda - 12-09-2003-5a
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Agenda - 12-09-2003-5a
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Last modified
9/1/2008 10:23:54 PM
Creation date
8/29/2008 10:36:43 AM
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BOCC
Date
12/9/2003
Document Type
Agenda
Agenda Item
5a
Document Relationships
Minutes - 20031209
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
RES-2003-080 Resolution of Approval and Acceptance of Grant - Agricultural Conservation Easement with Everett and Lewis Cheek
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2003
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Draft 10-IS-0.3 (clean) 13 <br />substantially diminish or impair the conservation values of the Property. Gravel roads are not <br />to be considered as "impervious paving material" for the purposes of this Easement. <br />1.3. Dumping and Traslz <br />No trash, refuse, vehicle bodies or parts, rubbish, debris, junk, waste, radioactive or <br />hazardous waste, shall be placed, stored, dumped, buried or permitted to remain on the <br />Property, except as reasonably required for the use of the Property for agricultural activities, <br />and except as in accordance with applicable local, state and federal laws and regulations. <br />Materials located in a dump site existing as of the date of this Easement and described in the <br />Baseline Report, may remain as long as there is no further expansion of that site. The location <br />of the dump site is indicated on Exhibit B. The storage of agricultural products, byproducts <br />and agricultural equipment on the Property is permitted, so long as such storage is done in <br />accordance with all applicable government laws and regulations.. <br />14, Water Rigliis <br />Grantors shall retain and reserve the right to use any appurtenant water rights sufficient <br />to maintain the agricultural productivity of the Property. Grantors shall not transfer, encumber, <br />lease, sell or' otherwise separate such water rights from title to the Property itself, except as <br />may be necessary for a potential well site for an existing or replacement residential dwelling <br />located immediately adjacent to the Property consistent with Paragraph 7(f), <br />15. Natrtral Resource Restoration anti Enhancentet:t Activities <br />Notwithstanding any terms contained within this Easement, Grantors may engage or <br />contract others to engage in any activity designed to repair, restore, or otherwise enhance the <br />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 <br />Grantee and the NRCS.. <br />16, Ongoing Respot¢sibilities of Grantors mrcl Grantee <br />Other than as specified herein, this Easement is not intended to impose any legal or <br />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 is ever required to pay any <br />taxes or assessments on its interest in the Property, the Grantor will reimburse the Grantee for <br />the same. <br />(b) Upkeep and Maintenance -- The Grantors shall continue to be solely responsible <br />for the upkeep and maintenance of the Property, to the extent it may be required by law, The <br />Grantees shall have no obligation for the upkeep or maintenance of the Property, <br />
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