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LT Santa Barbara County Model Conservation Easement

LT Santa Barbara County Model Conservation Easement

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LT Santa Barbara County Model Conservation Easement
LT Santa Barbara County Model Conservation Easement

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Published by: Land Trust for Santa Barbara County on Jan 16, 2011
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03/10/2014

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Model Draft Conservation Easement No. 2Revised 12/12/02The Land Trust for Santa Barbara CountyPage 1 of 12
Recording Requested by andWhen Recorded Mail To:LAND TRUST FOR SANTA BARBARA COUNTYP. O. Box 91830Santa Barbara, California 93190Telephone: (805) 966-4520Revised 12/15/02
[SAMPLE #2]DEED OF AGRICULTURAL CONSERVATION EASEMENT[FOR AGRICULTURE & WILDLIFE HABITAT RESOURCES]
This DEED OF AGRICULTURAL CONSERVATION EASEMENT is made this ____ day of _________, 200_, by __________________________ ("LANDOWNER"), in favor of 
THE LAND TRUST FOR SANTA BARBARA COUNTY
, a California nonprofit public benefitcorporation ("LAND TRUST"), for the purpose of granting in perpetuity the AgriculturalConservation Easement and associated rights described below.WHEREAS, LANDOWNER is the owner in fee simple of certain real property located inthe unincorporated portion of the County of Santa Barbara, State of California, identified asAssessor’s Parcel No. ____________, and more particularly described in "Exhibit A" attachedhereto and incorporated herein by this reference ("Property"); andWHEREAS, the Property possesses unique [
 farming, grazing and/or ranching 
]resources (collectively "Agricultural Resources") and [
open space, scenic, wetlands, oak woodlands, natural habitat and/or historic
] values (collectively "Conservation Values") of greatimportance to LANDOWNER, the people of Santa Barbara County and the people of the Stateof California; andWHEREAS, the Property has a long history of agricultural operations, containssignificant areas with soil classifications designated as [
insert 
] and has been identified by the Natural Resource Conservation Service of the United States Department of Agriculture asfarmland of statewide and local importance in accordance with the classification standards of thatagency; andWHEREAS, the Property further possesses outstanding Conservation Values andconsists in part of [
insert description of open space, scenic, wetlands, oak woodlands, natural habitat and/or historic values
], the preservation and management of which is consistent with the present and continued use of the Property for agricultural production and open space purposes;and
 
Model Draft Conservation Easement No. 2Revised 12/12/02The Land Trust for Santa Barbara CountyPage 2 of 12
WHEREAS, LANDOWNER intends that the Property be maintained in agricultural production and that the Conservation Values of the Property be preserved by the continuation of the agricultural uses that have proven historically compatible with such values; andWHEREAS, the County of Santa Barbara has established an Agricultural Element andother policies and zoning ordinances to help preserve Santa Barbara County's productiveagricultural lands; andWHEREAS, LANDOWNER intends, as the owner of the Property, to convey to LANDTRUST the right to preserve and protect the Agricultural Resources and Conservation Values of the Property in perpetuity; andWHEREAS, LAND TRUST is a publicly supported, tax-exempt nonprofit organization,qualified under Sections 501(c)(3) and 170(h) of the Internal Revenue Code and Section 23701dof the California Revenue & Taxation Code, whose primary purpose is the preservation and protection of land in its agricultural, [
natural habitat,
] open space and scenic conditions; andWHEREAS, the LAND TRUST agrees, by acceptance of this Easement, to honor theintentions of LANDOWNER stated herein to preserve and protect in perpetuity the AgriculturalResources and Conservation Values of the Property for the benefit of this generation and futuregenerations to come; andWHEREAS, the specific Agricultural Resources and Conservation Values of the Propertyare further documented in an inventory of relevant features of the Property, dated ____________, on file in the office of LAND TRUST ("Baseline Inventory") and incorporatedherein by reference, which consists of reports, maps, photographs and other documentation thatthe parties agree provides an accurate representation of the Property as of the date of thisEasement and which is intended to serve as an objective information baseline for monitoringcompliance with the terms of this Easement; NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, andrestrictions contained herein, and pursuant to the laws of the State of California, includingSections 815-816 of the California Civil Code, LANDOWNER does hereby voluntarily grant toLAND TRUST an Agricultural Conservation Easement ("Easement") in perpetuity over theProperty of the nature and character and to the extent hereinafter set forth, and LAND TRUSThereby accepts said Easement.
1.PURPOSE.
It is the purpose of this Easement to assure that the Property willforever remain in agricultural use for the production of food and fiber by preserving and protecting in perpetuity its Agricultural Resources, character, use and utility, and to prevent anyuse of the Property that would significantly impair or interfere with its Agricultural Resources,character, use or utility. It is also the intent of this Easement to protect and preserve the
 
Model Draft Conservation Easement No. 2Revised 12/12/02The Land Trust for Santa Barbara CountyPage 3 of 12
Conservation Values of the Property to the extent those values are also consistent with continuedagricultural use of the Property. In the event that conflicts arise between agricultural use and theConservation Values, every effort shall be made to make agricultural use primary while also beingcompatible with the preservation of the Conservation Values [
especially the wetlands and/or oak woodlands resources of the Property
].
2.AFFIRMATIVE RIGHTS CONVEYED TO LAND TRUST.
To accomplishthe purpose of this Easement, the following rights and interests are conveyed to LAND TRUST by this Easement:
(a)
 
Identify Resources and Values.
To identify, preserve and protect in perpetuity the Agricultural Resources (including the character, use, utility, and soil and water quality) and the Conservation Values of the Property.
(b)
 
Monitor Uses and Practices.
To enter upon, inspect, observe, and studythe Property for the purposes of identifying the current uses and practices thereon and the baseline condition thereof, and to monitor the uses and practices regarding the Property todetermine whether they are consistent with this Easement. Such entry shall be permitted upon prior notice to LANDOWNER, and shall be made in a manner that will not unreasonablyinterfere with LANDOWNER's use and quiet enjoyment of the Property.
(c)
 
Prevent Inconsistent Uses.
To prevent any activity on or use of theProperty that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use.However, it is the intention of this Easement not to limit LANDOWNER's discretion to employvarious choices of agricultural, farming and ranching uses and management practices within theProperty so long as those uses and practices are consistent with the purpose and terms of thisEasement.
(d)
 
Provide Signage.
To erect and maintain a sign or signs or other appropriate markers in prominent locations on the Property, visible from a public road, bearinginformation indicating that the Property is protected by LANDOWNER and LAND TRUST.The wording of the information shall be determined by LANDOWNER and LAND TRUST, butshall clearly indicate that the Property is privately owned and not open to the public. LANDTRUST shall be responsible for the costs of erecting and maintaining such signs or markers.
3.PERMITTED USES AND PRACTICES.
LANDOWNER and LAND TRUSTintend that this Easement shall confine the uses of the Property to agricultural, ranching, farmingand residential uses associated with the permitted uses of the Property, and such other relateduses as are described herein. The following uses and practices, if in accordance with federal, stateand county laws and ordinances, and to the extent not inconsistent with the purpose of thisEasement, are permitted:

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