The owner of the herein described real estate, for himself, and for all future owners and occupants of said real estate, or any parcel or division thereof, for and in consideration of the right to develop the real estate for other than agricultural uses, hereby:
(1) Acknowledges and agrees that the real estate is adjacent to an area zoned or used for agricultural purposes, which uses include but are not limited to:
(a) Production of crops;
(b) Animal husbandry;
(c) Land application of animal waste;
(d) Raising, breeding and sale of livestock and poultry, including confinement feeding operations;
(e) Use of farm machinery; and/or
(f) The sale of farm products.
(2) Waives any and all objections to any agricultural uses within two miles of any boundary of the real estate.
(3) Agrees that agricultural uses do not constitute a nuisance so long as they are not negligently maintained, do not cause bodily injury to third parties, or directly endanger human health.
(4) Agrees that this covenant is for the benefit of Hancock County, Indiana, and for all persons engaged in agricultural uses within two miles of any boundary of the real estate and is enforceable by any of the foregoing.
(Ord. 2004-6G, passed 6-28-04)