Conservation Easements Clause Examples

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. A. Seller is advised and acknowledges that if the Property is encumbered by one or more Conservation Easements or other restrictions limiting or affecting uses of the Property, Maryland law requires that Seller deliver to the buyer the required notice and copies of the easement(s). A buyer who does not receive the notice and copies of the easement(s) on or before entering into the contract for sale has the unconditional right upon written notice to the Seller or Seller’s agent, to rescind the Contract of Sale at any time before the receipt of the notice and copies of the easement(s) or within five (5) days following receipt of the notice and copies of the easement(s) and to the immediate return of any deposit. B. Seller hereby represents to Broker, and upon which representation ▇▇▇▇▇▇ is entitled to rely; that: (Seller to initial one): _ 1. The Property IS NOT subject to one or more Conservation Easement(s) or other restrictions limiting or affecting uses of the Property; OR _ 2. The Property IS subject to one or more Conservation Easement(s) or other restrictions limiting or affecting uses of the Property, as follows: (Seller to check applicable Conservation Easement(s)

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. Casella of Ontario shall, or shall cause its affiliate, GroundCo LLC to, execute conservation easements for the benefit of the Town on twelve (12) parcels (“Parcels”) that Casella of Ontario owns in the vicinity of the Landfill in the Town, in substantially the form set forth in Exhibit “E,” attached hereto and incorporated herein by reference (“Conservation Easements”). These Parcels shall be restricted to agricultural and residential uses and/or similar purposes consistent with agricultural and/or residential uses, and commercial and industrial uses shall be prohibited. The tax identification numbers of the Parcels are as follows: 102.00-1-52.00 117.00-1-5.00 102.00-1-53.100 117.00-1-28.000 102.00-1-59.110 102.00-1-27.000 102.00-1-42.121 102.00-1-51.100 102.00-1-53.320 117.00-1-32.110 114.00-1-35.000 101.20-1-4.000 Notwithstanding anything contained herein to the contrary, the Conservation Easements shall except from the prohibitions set forth therein any existing commercial use by third parties on said Parcels, including, without limitation, the commercial businesses presently operated on tax identification numbers 101.20-1-4.000 and 102.00-1-42.121. The obligations of Casella of Ontario under this Section to execute the Conservation Easements shall be contingent on the Town’s execution of the Operations Agreements and the Noise Easement, as contemplated herein.

Conservation Easements. In addition to acquiring lands for the Preserve Area by fee title, the Water Authority may negotiate conservation easements. The terms of all conservation easements must be approved in writing by the Wildlife Agencies and identify the Wildlife Agencies and the Water Authority as third party beneficiaries with a right of access to the easement areas and to enforce the terms of the conservation easement. All conservation easements shall be recorded in perpetuity pursuant to Civil Code section 815 et seq. and shall be subject to the Preserve Area commitments of the NCCP/HCP. If requested by the Wildlife Agencies, conservation easements shall be dedicated to the CDFG or another entity approved by the Wildlife Agencies, including but not limited to land trusts, parks agencies, and other qualified nonprofit organizations.

Conservation Easements. The Parties recognize the value of pursuing conservation easements, since it is possible that more acres of land may be protected for wildlife habitat through conservation easements as compared to the fee-simple acquisition of lands. The Parties do not intend to be limited to statutory conservation easements but may pursue other similar Interests in Land. The following are guidelines for the selection and acquisition of conservation easements to be purchased with the Funds described in Sections 10.1 through 10.3: a. Easement areas should be selected that will protect wildlife habitat from further development; b. Easement areas should be selected that will allow the CIT and Yakama Nation reasonable access for cultural activities on lands acquired under this Section 10.7; c. Easement areas should be selected that will allow reasonable public access for recreation, including hunting on lands acquired under this Section 10.7; and d. When feasible, easements should be selected in areas where the property

Conservation Easements. Developer may place conservation easements within the Property that limit the development rights as vested by this Agreement. If a conservation easement limits the development rights as vested by this Agreement, the vested rights as enabled by this Agreement shall be reduced by the amount of density transferred or encumbered by such an easement.