Conservation Easements. The Conservation Easement on the Property to be conveyed by Seller to Buyer, should Buyer exercise the Option granted herein, shall be in a form similar to the form of the draft conservation easement of the ADFP Trust Fund Model Conservation Easement or other applicable partnering conservation easements as described in this contract and at xxx.xxxxxx.xxx with such additional changes or modifications requested by Seller or Buyer, and agreed to by both parties with confirmation approval by the North Carolina Department of Agriculture ADFP Trust Fund and applicable funding conservation partners.
Conservation Easements. In addition to acquiring lands for the Preserve System by fee title, the Implementing Entity may negotiate conservation easements. All conservation easements shall be recorded in perpetuity pursuant to Civil Code section 815 et seq. and subject to all of the terms and conditions of Chapter 8.6.3 of the HCP/NCCP. Conservation easements shall be dedicated to the Implementing Entity, CDFG or another entity approved by the Wildlife Agencies, including but not limited to land trusts, parks agencies, and other qualified nonprofit organizations. CDFG and USFWS shall be named as third party beneficiaries on all conservation easements. The Parties intend to develop a template conservation easement document that may be used for Preserve System lands.
Conservation Easements. As further described in BRCP Chapter 8, Section 8.4.1, the Implementing Entity will negotiate the specific terms and conditions of conservation easements used to permanently protect BRCP Conservation Lands with each landowner on a case-by-case basis, based on site conditions, land uses, and Covered Species and habitat needs. However, all BRCP Conservation Lands conservation easements will comply with California Civil Code section 815 et seq., Government Code section 65965 et seq., and other applicable laws; will achieve certain objectives and prohibit certain uses, as further described in BRCP Chapter 5, Section 5.2.3.5; and will identify the Wildlife Agencies as third party beneficiaries for purposes of enforcing the terms of the easement. BRCP Conservation Lands conservation easements will be held by the Implementing Entity in most cases. If the Implementing Entity owns fee title to the land covered by the conservation easement, the conservation easement will be held by another conservation organization approved by the Wildlife Agencies. In addition, the Implementing Entity may, on a case-by-case basis, allow other conservation organizations approved by the Wildlife Agencies to hold BRCP Conservation Lands conservation easements, provided such conservation organizations enter into a binding agreement with the Implementing Entity in which they assume the obligation to enforce the terms of the conservation easement in accordance with the BRCP, this Agreement, and the Permits and comply with all applicable legal requirements including, but not limited to, Government to Code section 65965 et seq. For purposes of lands added to the BRCP Conservation Lands, the Implementing Entity will follow the minimum conservation easement requirements identified in Chapters 5 and 8 of the BRCP). Reasonable variations from conservation easements may be needed to address site-specific constraints. CDFW and USFWS, along with the Implementing Entity, must review and approve all conservation easements as well as any modifications to the template easement prior to its execution
Conservation Easements. The Conservancy expects to rely extensively on the purchase of conservation easements to assemble the reserve system. Conservation easements are the preferred habitat protection method for actively cultivated lands, as certain ongoing agricultural uses support achievement of the Yolo HCP/NCCP biological goals and objectives. Procedures and requirements for conservation easements are described in several sections of the Yolo HCP/NCCP, including but not limited to: Section 7.5.5 (Conservation Easements) and Section 7.5.10 (Use of Mitigation Banks). While the Conservancy will itself acquire conservation easements in the course of assembling the reserve system, the Yolo HCP/NCCP also specifically authorizes conservation easements acquired by other qualified easement holders, as defined in California Civil Code section 815 et seq., to assemble the reserve system.
Conservation Easements. The City shall execute and record the amendments to the Declarations of Protective Covenants, Conditions and Restrictions Pursuant to the Conservation and Preservation Easement Act recorded in the Office of the Register of Deeds of Lancaster County, Nebraska as Instrument No. 98-049864 and No. 98049865, in the form attached hereto as Exhibit A-1 and A-2.
Conservation Easements. All lands acquired for the SSHCP Preserve System will need a conservation easement, even lands that are held in fee title by the Implementing Entity. Within the UDA, most of the SSHCP Preserve System is expected to be held in fee title by the Implementing Entity. Outside the UDA, the Implementing Entity intends to minimize the amount of fee title acquisition for the SSHCP Preserve System. Therefore, most of the SSHCP Preserve System outside the UDA will be in the form of conservation easements where the land is not owned by the Implementing Entity. Easement acquisition offers advantages over fee title acquisition in that it promotes partnerships between private landowners and the SSHCP, continues beneficial ranching and farming operations in the Plan Area, keeps land in private ownership, and generally costs less to acquire. Conservation easements will be negotiated individually between willing sellers and the Implementing Entity. The terms of the easement and prices paid for easements will be variable depending on the purpose of the easement and the degree to which the easement restricts land uses. The Implementing Entity will hold in perpetuity all conservation easements it purchases or accepts from a landowner. In addition, all conservation easements will have a third-party enforcement beneficiary (CDFW and/or USFWS). Conservation easements will contain provisions that allow the Implementing Entity to manage the encumbered property if it becomes necessary, such as if a property is abandoned by the owner. On lands owned in fee title by the Implementing Entity, conservation easements will be held by an SSHCP Permitting Agency such as CDFW or USFWS. All conservation easements acquired by the SSHCP Implementing Entity will be in accordance with California Civil Code Sections 815 et seq. All conservation easements will follow the easement templates found in Appendix D, including restrictions on use. The SSHCP will include at least two types of conservation easements: one for Rangeland and one for Cropland/Irrigated Pasture. Reasonable variations from the template may be allowed to address site-specific constraints. CDFW and USFWS, along with the Implementing Entity, must review and approve any modifications to the template easement. All conservation easements shall exclude the area already encumbered by right-of-way easements and public utility easements and the area necessary to implement future roadway widening or new roadways, along with all appurtenances...
Conservation Easements. Even though not required by any condition of approval of this land use application, the PUD or the Preliminary or Final Plat, if a conservation easement is granted and conveyed by Owner and accepted by a qualified holder thereof on any portion of the area included in the Filing 2 Final Plat, which has not already been included in a prior deed of conservation easement, all physical subdivision Improvements required for such portion will be suspended and any security to guarantee completion of such Improvements shall be released, except for the prohibition on sale of lots as described herein, for so long as the conservation easement remains in place. Upon the grant of such a conservation easement, the Board agrees to acknowledge the grant of such conservation easement and by further instrument acknowledge the suspension of physical subdivision improvements and release of such security and agrees to credit any development fees specified by the preliminary plat approval and paid on account of any lot which lot is hereafter made subject to a conservation easement, to be credited to future lots in the Lake Springs Ranch PUD but only to the extent creditable by the Board. However, If for any reason any such conservation easement were ever released or terminated for any reason, the obligations for all subdivision Improvements and the security for such Improvements will be reinstated subject to such revisions as may be required by the Board, including, without limitation, cost estimates and security at then-current values, and, failing such reinstatement and further compliance, the County may vacate the Final Plat of Lake Springs Ranch, Filing 2, in accordance with paragraph 13 below.
Conservation Easements. Pursuant to and as and to the extent required by the Water Management District Permits or the County, Declarant may record, from time to time, one or more additional conservation easements (collectively, "Conservation Easement"), in favor of the Water Management District or the County over, across, and upon certain portions of the Property. The precise metes and bounds legal description of the portions of the property encumbered by a Conservation Easement is or will be as specifically set forth in the subject Conservation Easement (all such portions of the Property that are or become encumbered by a Conservation Easement shall hereinafter be referred to as "Conservation Areas"). Upon establishment of any Conservation Easement, the Conservation Areas shall be subjected to the restrictions set forth in this Section 13. The Conservation Areas shall be Common Area and therefore the Conservation Areas shall be the perpetual responsibility of the Association, and may in no way be altered from their natural state, except as specifically provided in the subject Conservation Easement. Furthermore, the use and development of the Conservation Areas shall be restricted as set forth in the subject Conservation Easement. Declarant has the perpetual easement, privilege, and right to enter upon the Conservation Areas to carry out and discharge its duties, obligations, and responsibilities under this Declaration, including, but not limited to, to perform all of the activities necessary for compliance with the Water Management District Permits and the subject Conservation Easement. Declarant may retain ownership of the Conservation Areas until Turnover, at which time Declarant shall quit claim the Conservation Areas to the Association and (if, and only if, expressly required by the County) development rights over the Conservation Areas to the County.
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Conservation Easements. From the date hereof and hereafter, Purchaser and Seller shall use their best commercially reasonable efforts to cooperate with respect to any grant of the conservation easements relating to Timberlands property located at Moosehead Lake or the West Outlet of the Kennebec River ("Conservation Easements") to the State of Maine or any organization or agency acting on its behalf. The parties agree that any Conservation Easement shall be in compliance with the terms and conditions ("Conservation Easement Terms") attached hereto as Exhibit 12.4; provided, however, that the terms and conditions of any Conservation Easement granted by Seller prior to Closing may deviate from the Conservation Easement Terms upon the approval of Purchaser, which approval may not be unreasonably withheld, and provided further that Seller may receive at least $2,900,000 and $350,000, respectively, in consideration of the Moosehead Lake and West Outlet Conservation Easements without the consent of Purchaser. Prior to Closing, Seller shall notify Purchaser of material developments with respect to negotiations relating to any such Conservation Easement. Purchaser shall have the right to participate in such negotiations; provided, however, that prior to Closing, Seller shall control such negotiations. If Seller agrees to binding terms with respect to any Conservation Easements with the State of Maine or its agent prior to Closing in compliance with the Conservation Easement Terms, Purchaser shall close the transaction effectuating the grant of such Conservation Easement after Closing. In the event that Seller and the State of Maine (or its agent) agree upon the final terms and conditions with respect to any Conservation Easement and close on such terms and conditions prior to Closing, Seller shall forward to Purchaser by wire transfer the consideration specified in the Conservation Easement Terms, together with any reimbursement for timber, as described in Section 6(a)(4) of the Conservation Easement Terms for Moosehead Lake. If Purchaser closes in compliance with the Conservation Easement Terms after Closing, and the consideration actually paid to Purchaser for the Conservation Easements is less than the consideration set forth in the Conservation Easement Terms, Seller shall forward the difference to Purchaser by wire transfer. If Purchaser closes on such terms after Closing and the consideration actually paid to Purchaser for the Conservation Easements is more than the consideration s...
