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Form #972Conservation Easement
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Conservation easement.Â
This Conservation Easement is by _________(the
"Grantor").
Grantor is the owner of a community property interest
in certain real property in the area bordering _________ Bay in _________
County, _________(the "Property").
The Property currently remains predominantly in its
natural, scenic, historic, agricultural and open space condition.
The protection and preservation of the land in the
condition is an important environmental asset of the State of _________ and is
essential for the preservation of the unique beauty of the area surrounding
_________ Bay.
The protection and preservation of the land in such
condition is of great importance to the Grantor.
Grantor desires and intends that the predominantly
natural, scenic, historical, agricultural, and open space condition of the land
be preserved and maintained by the continuation of patterns of land use on the
property that will not interfere with or impair the values.
Grantor, as owner of a community interest in the fee
of the property, owns a community interest in the affirmative rights to
preserve and to protect in perpetuity the predominantly natural, scenic,
historical, agricultural and open space value of the Property.
Grantor desires and intends to transfer Grantor's
interest in such rights to the Grantee, subject to the exceptions and
reservations contained in this easement.
The Grantee is a tax-exempt nonprofit organization
qualified under Section 501(c)(3) of the Internal Revenue Code and qualified to
do business in this state, and which has as its primary purpose the purposes
described in Section _________ of the _________ Code.
The Grantee agrees by the acceptance of the grants to
honor and defend the intentions of the Grantor stated and to preserve and
protect in perpetuity the predominantly natural, scenic, historical,
agricultural and open space values of the Property, pursuant to the terms of
this agreement, provided however that Grantor intends that enforcement of the
terms and provisions of this conservation easement shall be at the discretion
of the Grantee within any limitations provided or by law and that any
forbearance on behalf of the Grantee to exercise its rights in the event of any
breach by the Grantor, the Grantor's representatives, successors or assigns,
shall not be deemed or construed to be a waiver of the Grantee's rights in the
event of any subsequent breach.
In consideration of the mutual covenants contained in
this agreement, based upon the common law and the laws of the State of
_________, Grantor does voluntarily grant and convey to The Trust for
_________, a _________ nonprofit corporation, its successors and assigns, a
conservation easement consisting of the rights enumerated, subject to the
exceptions and reservations stated, over and across the real property situated
in _________ County, _________(the "Property") more
particularly described in Exhibit A attached to this easement and incorporated
by reference.
It is the purpose of this conservation easement to preserve
and protect in perpetuity the predominantly natural, scenic, historical,
agricultural and open space condition and values of the Property, and to
prevent its use or development for any purpose or in any manner that would
substantially conflict with the predominant condition.
The rights conveyed by the conservation easement
granted are the following:
1. To identify, to preserve and to protect in
perpetuity the predominantly natural, scenic, historical, agricultural and open
space condition of the Property.
2. To enter upon the Property at reasonable intervals
and times for the purpose of monitoring compliance with the easement granted,
provided that prior reasonable written notice is given to the occupants of the
Property.
3. To enforce the rights granted by this easement
through all remedies permitted by law.
Grantor intends that this conservation easement shall
run with and burden the title to the Property in perpetuity and shall bind
Grantor, Grantor's estate, personal representatives, heirs, successors and
assigns, including all successive owners of the Property.
Grantor intends that this conservation easement shall
confine the use of the Property to activities which are deemed by the Grantee
not to constitute an actual or threatened substantial degradation or impairment
of the predominantly natural, scenic, historical, agricultural and open space
condition of the Property.
Grantor states that the following uses and practices,
though not an exhaustive recital of consistent uses and practices, are consistent
with Grantor's intentions and with this conservation easement, and Grantor
intends that these practices shall not be precluded, prevented or limited by
this conservation easement.
A. To maintain the existing residential and
residential related structures on the Property, and in the event of destruction
of any or all of structures, to replace them as needed with structures of
approximately similar function, size, capacity and situation.
B. To use one or more of the residential structures on
the Property as a personal residence for the Grantor, the Grantor's spouse
and/or the Grantor's lineal descendants, or other persons who may be owners of
the Property, and their respective families, and to use the other residential
structures on the Property as personal residences for persons working on the
Property; provided that existing residential structures (or their replacement
in the event of destruction) that from time to time are not required for these
purposes, may be used during these times as personal residences for other
persons.
C. To construct only additional residential structures
on the Property, and related structures, as are necessary for housing for farm
workers on the Property and as shall not impair or interfere with the purposes
of this conservation easement.
D. To carry on a farming and/or ranching business,
including dairy ranching, on the Property.
E. To pasture and graze livestock, including but not
limited to, the continuation of historical or other modes of stock watering and
stock crossings, and to continue agricultural activity on the Property
consistent with the maintenance and/or enhancement of soil composition,
structure and productivity to the extent that these activities do not result in
the pollution or degradation of any surface waters in a manner as to have a
demonstrable detrimental effect on fish or wildlife or their natural habitat or
upon the natural ecosystems and their processes.
F. To institute and carry on any agricultural or
ranching activity or use for the production of any food or fiber, or any
related activity, and any activity that is not incompatible with this
conservation easement and its purposes, provided that the activity or use will
not result in a degradation of any of the ecological elements upon Grantor's
land in such manner as to have a demonstrable detrimental effect upon fish or
wildlife (excepting insects, ground rodents, and predators detrimental to the
use of the Property for the production of any food or fiber) or their natural
habitat or upon the natural ecosystems and their processes (except with respect
to insects, ground rodents, and predators detrimental to the use of the
Property for the production of any food or fiber). Grantor specifically
reserves the right to maintain a garden upon the Grantor's land and to utilize
the meadows and grass areas on the Grantor's land for grazing and grain and/or
hay production, subject to the general restrictions set forth above.
G. To
develop and maintain those water resources on the Property necessary for the
purposes of the activity and uses conducted pursuant to the terms of this
easement, including, but not limited to, the right to locate, construct,
install and maintain wells, ponds, reservoirs, pumps
and irrigation systems to irrigate pastures situated on the Property.
H. To construct, build, maintain and repair fences,
and to construct, maintain, repair and reconstruct buildings, corrals, tack
sheds, wood sheds, storage sheds, barns, and other ancillary structures, and
other improvements on the Property, and to place upon the Property those
additional buildings, corrals, barns and other ancillary structures or roads or
travelways and other improvements as may be necessary for agricultural and
ranching purposes and for the residential and other purposes reserved in this
easement; and in the event of destruction of any or all of these structures or
improvements, to replace them with structures or improvements of similar size,
function, capacity and situation.
I. To take gravel from the Property and to maintain
gravel pits, for the purposes of obtaining gravel to maintain the existing
roads and travelways on the Property and for building and maintaining those
additional roads and travelways on the Property as may be permitted by this
easement, provided however that gravel may not be taken from any location in
the watershed in a manner that will cause a demonstrable decrease in water
quality or stream flow or a material interference with the natural habitat
values of the Property.
J. To cut trees on the Property as shall not interfere
with the integrity of water quality, wildlife habitat on the Property and the
natural aesthetic qualities of the Property, or as shall be necessary for the
purpose of removing or abating disease or infestation, or for safety purposes
or uses of the land reserved by this easement.
K. To repair, improve, alter internally and/or
externally, reasonably enlarge, modernize, demolish, and reconstruct the
residential structures now or later built on the Property, for the convenience
and/or comfort of the occupants of the Property.
L. To inter Grantor and Grantor's immediate family
upon a portion of the Property, if it is permitted by law.
The sale, exchange, devise or gift of a portion of the
Property solely for the purposes reserved and consistent with this conservation
easement, shall not be considered a subdivision or a de facto subdivision of
the Property contrary to the purposes of this easement, provided the transfer
is effected with an express provision reflecting that the land transferred is subject
to the terms and conditions of this conservation easement, without modification
or expansion on the terms of the easement, to the extent that the land is
situated within any portion of the Property subject to this easement. The owner
of this easement shall be furnished with a copy of a pertinent portion of any
document or conveyance utilized to effect a transfer within thirty days of the
execution of conveyance.
Grantor agrees to pay Grantor's proportionate share of
any and all real property taxes and assessments levied by competent authority
on the Property, except any tax or assessment on this easement.
Grantor indemnifies the owner of the easement from all
liability in connection with costs of operation, upkeep and maintenance of the
Property.
Nothing contained in this document shall be construed
as affording the public access to any portion of the Property subject to this
conservation easement.
The conservation easement is intended to be a
conservation easement within the provisions of Sections _________ through
_________ of the _________ Code.
This grant
and conveyance is subject to the following exception and reservation: Grantor
reserves to the Grantor, for and during that period which shall be the lesser
of the term of the Grantor's natural life or the term of the natural life of
the Grantor's spouse, _________, the right to revoke this deed as to the
easement described in this deed or as to any portion of it, by a written
declaration duly executed and acknowledged with the formality of a deed and
delivered to the Grantee, or to the Grantee's successor in interest, and/or
recorded. Grantee agrees, by the acceptance of this easement, that if the
Grantor exercises the right to revoke this deed, as above provided, the Grantee
will
execute and deliver to the Grantor its duly executed
and acknowledged quitclaim deed to the easement or the portion of it which is
revoked.
If any provision of this Deed of Conservation Easement
or the application of it to any person or circumstance is found to be invalid,
the remainder of the provisions of this deed and the application of the
provisions to persons or circumstances other than those as to which it is found
to be invalid, shall not be affected by the invalid provision.
Dated: _________
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