DCPREZ-2014-10658 - Laserfiche WebLink

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For good and valuable consideration,the receipt and sufficiency of which are acknowledged by the GRANTORS,the GRANTORS hereby grant and convey to the HOLDERS a perpetual EASEMENT in the COVERED LAND as provided in this EASEMENT AGREEMENT.The EASEMENT takes effect when this EASEMENT AGREEMENT is accepted,and signed by the HOLDERS,and recorded with the county Register of Deeds in the county where the COVERED LAND is located. F. PURPOSE The purpose of this Easement is to preserve the availability of the COVERED LAND for agricultural use by preventing uses or activities on the land that will impair or interfere with the COVERED LAND's agricultural viability and productive capacity. G. DEFINITIONS In this EASEMENT AGREEMENT: (1) "Accessory use"means any of the following land uses,other than a building,structure,impervious surface or improvement that is consistent with the purpose of the EASEMENT: (a) An activity or business operation that is an integral part of,or incidental to, an agricultural use of the COVERED LAND. (b) A business,activity or enterprise,not associated with an agricultural use, if all of the following apply: (i) It is conducted by a person who resides on and owns or farms the COVERED LAND,or by a member of that person's immediate family. (ii)It requires no new buildings, structures or impervious surfaces. (iii)It employs no more than 4 full-time employees annually. (iv) It does not impair or limit current or future agricultural uses of the COVERED LAND or other protected farmland. (2) "Agricultural area"means that portion of the COVERED LAND that is described as an agricultural area in attached Exhibit A and mapped as an agricultural area in attached Exhibit B,regardless of whether the area is in agricultural use. If there is any discrepancy between the description in Exhibit A and the map in Exhibit B,the description in Exhibit A controls. (3) "Agricultural use"means any of the following: (a) Any of the following activities conducted for the purpose of producing an income or livelihood: (i) Crop or forage production. (ii) Keeping livestock. (iii)Beekeeping. (iv) Nursery,sod,or Christmas tree production. (v) Floriculture. (vi) Aquaculture. (vii) Fur farming. (viii) Forest management. (ix) Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program (b) Any other use that DATCP or its successor state agency identifies by rule as an agricultural use. (4) "Alteration"means the act of causing the change to or disturbance of a surface. (5) "Environmental law"means any and all Federal,state, local or municipal laws,rules, orders,regulations, statutes,ordinances,or codes of any governmental authority regulating or imposing standards of liability or standards of conduct(including common law)concerning air,water, solid waste,hazardous materials,hazard communication,radioactive material,resource protection, subdivision,inland wetlands and watercourses,health protection,and similar environmental health,safety,building,and land use as may now or at any time hereafter be in effect. (6) "Farmstead area"means that portion of the COVERED LAND that is described as farmstead area in attached Exhibit A and mapped as farmstead area in attached Exhibit B. If there is any discrepancy between the description in Exhibit A and the map in Exhibit B,the description in Exhibit A controls. Page 2 of 11