Conservation Easement

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Conservation easement.  

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: _________