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EXHIBIT D Powered By Docstoc
					                                                  EXHIBIT D


                            NATURAL RESOURCE AND AGRICULTURAL
                                 AND RIGHT OF FIRST REFUSAL

                                   PERMITTED USES AND PRACTICES

The following uses and practices are not necessarily an exhaustive recital of uses and practices
consistent with this easement. However, these uses and practices are permitted under this easement,
provided that they are undertaken in accordance with the easement purpose and terms and that all
applicable governmental approvals and permits are properly obtained.

1.       Residing on the property in currently existing structures or specifically permitted new structures
as set forth below to the extent permitted by zoning regulations in effect at the time of this grant of
easement and provided all necessary permits are obtained and in a manner consistent with the
conservation purpose of this easement.

2.       Engaging in any and all agricultural uses of the agricultural land in accordance with sound,
generally accepted agricultural practices, except as specifically prohibited by this easement.
The currently accepted Agricultural Conservation Practice Standards promoted by the Natural Resources
Conservation Service of the US Department of Agriculture, or its successors, shall be applied to protect
the conservation values of the property with an emphasis on a biotechnical approach. Agricultural uses
shall not result in soil degradation, pollution or degradation of any surface or subsurface waters, or cause
harm to sensitive natural resources, particularly wildlife, wildlife habitat and riparian areas located on the
property, or cause unreasonable interference with the use and enjoyment of adjacent property.

3.       For the purpose of this easement, "agricultural uses" means: planting, raising, harvesting, and
producing agricultural, aquacultural, horticultural, and forestry crops and products of every nature and
description; and the processing, storage, and sale, including direct retail sale to the public, of crops and
products harvested and produced principally on the property. The production, processing, storage, and
sale of any of these crops or products that are not food, fiber, or plant material shall require the written
consent of Grantee.

4.      Maintaining and repairing existing house, barns, and other structures on the property. Grantor
may replace existing structures with facilities of similar size, function, capacity, and location, in the event
of destruction, deterioration, or obsolescence.

5.       Developing, with all necessary permits, no more than a total of one and one-half (1½) acres with
the express purpose of building all the facilities necessary on the property to create a nonprofit farmer-
training center on the property, including without limitation all landscaping, all set-backs, all housing for
trainees and all parking, provided that Grantee's and the State Coastal Conservancy's prior written
approval of the proposed development is obtained at least 30 days prior to planning, permitting or
otherwise undertaking any such development; said approval will not be unreasonably withheld, provided
that the proposed development is in compliance with the purpose of this easement.

6.       Construction of additional ancillary improvements (but not housing) on the agricultural land which
are accessory to and reasonably necessary for the agricultural use of the agricultural lands shall be
permitted, provided that Grantee’s prior written approval is obtained at least 30 days prior to planning,
permitting or otherwise undertaking such improvements; said approval will not be unreasonably withheld,
provided that the proposed improvements are in compliance with the purpose of this easement.

7.     Additional fencing reasonably necessary for agricultural uses permitted under this easement may
be constructed without Grantee's consent.

8.      Constructing new roads on the property to support agricultural uses, provided that Grantor
obtains Grantee’s prior written approval, which consent shall not be unreasonably withheld. All new road
construction shall incorporate erosion control measures specified by the Natural Resources Conservation

9.       Developing and maintaining water resources on the "Agricultural Lands" as described in Exhibit C
of this easement. Water resources shall include, but are not limited to, wastewater storage and use
necessary or convenient for agricultural, irrigation, and residential uses in a manner consistent with the
conservation purpose of this easement, provided that said water is utilized on the property; the sale or
transfer of water to other properties is prohibited.

10.     It is the intent of the farmer-training center to promote sustainable agricultural practices.
However, the limited use of government-approved agrichemicals, including without limitation, fertilizers
and biocides, in those amounts and with that frequency of application necessary to accomplish
reasonable agricultural purposes, are permitted.

11.      Controlling predatory and problem animals by the use of selective control techniques, consistent
with policies promulgated by the Monterey County Agricultural Commissioner.

12.      Utilizing the property for recreational, research or educational purposes that require no surface
alteration or other development of the land, including, without limitation, hiking and nature study.

13.     Removing and controlling invasive non-native vegetation and restoring and enhancing native
plant and wildlife habitat, consistent with sound conservation practices.


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