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. 4.2.1. DISTRICT and CITY shall work cooperatively to record a conservation easement on a 4.5-acre portion of the real properties identified as APNs 0321- 141-05 and 0000-000-00 owned by the DISTRICT. The 4.5-acre property is more particularly depicted on Exhibit “C-1.” This 4.5-acre property will be used by the CITY as off-site mitigation for the impacts created by the XXXXXX III BASIN IMPROVEMENTS. The CITY shall be financially responsible for any costs associated with administering the conservation easement.
Conservation Easements. Seller hereby represents to Broker, and upon which representation Broker is entitled to rely; that: (Seller to initial one):
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:
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. As a condition of the transfer of title to the Property to CCSD, Conservancy and CCSD shall execute Deeds of Conservation Easement in substantially the form attached hereto as Exhibit C (the “Conservation Easements”) and the Baseline Documentation (as defined in the Conservation Easements). The Conservation Easements shall be recorded on title to the Property immediately following recordation of the Grant Deed.
