The following are the minimum standards for conservation easements whenever such plans are required to be submitted to the department. Although not intended to be a comprehensive list, as each easement will be different and will need to be tailored to the needs of the parties to the easement and the particular parcel(s) to which it will apply, the following items, at a minimum, shall be included in all conservation easements:
A. Identification Of Parties And Recitals:
1. The names of all grantors and grantees, including any governmental bodies or conservation organizations to be vested with a third party right of enforcement.
2. The effective date of the deed conveying the conservation easement.
3. A statement that the grantors are the sole owners, in fee simple, of the real property that will be covered by the easement, as legally described in an exhibit attached to the easement deed.
4. A description of the characteristics of the property that has been designated for protection, and the general purposes of the easement.
5. A reference to an attached baseline inventory that establishes the condition of the property at the time of conveyance.
6. The qualifications of the grantee which enable it to act as a lawful holder of the easement, or which authorize it to be vested with a third party right of enforcement. Holders of the easement and organizations with third party right of enforcement must meet the requirements of subsection 55-2101(2), Idaho Code.
7. A statement granting the easement, signed by all parties with an interest in the property.
8. A statement accepting the easement, signed by all holders of the easement and all organizations with third party right of enforcement.
9. A statement that the easement is being created pursuant to the uniform conservation easement act, title 55, chapter 21, Idaho Code.
B. Grant Provisions:
1. A detailed statement of purposes, which must include a statement that the land is to be preserved for one or more uses meeting the definition of green space set forth in section 8.6.604 of this chapter.
2. A requirement that the land be managed in conformance with applicable best management practices and approved land management plans.
3. A statement regarding the rights of the grantee, including the right to protect the conservation values of the land, to inspect the property to determine compliance with the terms of the easement, and the right to enforce the terms of the easement. This section must also outline notification and inspection procedures.
4. Procedures for enforcement of the terms of the easement, which must outline enforcement procedures, specific remedies available to the grantee to correct violations of the easement, and how enforcement costs will be handled.
5. Prohibited uses of the property, which must include further division of the land, any industrial or mining activities, and any uses that are inconsistent with the purposes of the easement. If a green space lot is to be included as an allowed residential lot, it may have residential structures in conformance with the applicable provisions of this code and the requirements of other agencies.
6. Permitted uses of the property, which may include any that meet the definition of green space set forth in section 8.6.604 of this chapter, including the construction of structures appurtenant to those uses, such as agricultural buildings.
7. Any reserved rights of the grantors.
8. If applicable, a designation of any entity which is to be granted a third party right of enforcement pursuant to subsection 55-2101(2), Idaho Code. Conservation easements pertaining to land over the Rathdrum Prairie Aquifer must grant Panhandle health district a third party right of enforcement.
9. A statement that the easement shall be perpetual in duration.
C. Miscellaneous Provisions:
1. A requirement that any future deed or lease conveying an interest in the property shall refer to the conservation easement conveyed via the deed of easement, and that the easement holder shall be provided with the name and address of any new landowners.
2. A description of how costs and liabilities, such as taxes, will be handled.
3. Provisions in the event all or a portion of the property is acquired through eminent domain proceedings or a purchase agreement reached in lieu of, or to settle such proceedings.
4. A provision that the grantee may assign its rights and obligations to another conservation organization or government agency that agrees to enforce the terms of the easement.
5. Procedures for notification to or between the parties and contact information for each party, including, at a minimum, the names, addresses, and telephone numbers of all grantors and grantees.
6. A provision that all mortgages, liens or similar encumbrances on title to the property must either be discharged or subordinated to the easement so that the easement cannot be terminated in the event of foreclosure.
7. A requirement that the deed of easement shall be recorded in the office of the county recorder.
8. A statement that the laws of the state of Idaho shall govern the easement.
9. A severability clause.
10. A provision that the covenants, terms, conditions and restrictions of the easement shall be binding upon, and inure to the benefit of the parties and their heirs, successors and assigns, and shall continue as a servitude running in perpetuity with the land.
11. Amendment procedures.
12. Notarized signatures of all grantors and grantees.
D. Attachments:
1. A legal description of the property subject to the easement.
2. A baseline inventory of the property.
3. A site plan. (Ord. 493, 6-9-2016)