13-8-13. Requirements for conservation easements.

(1) A conservation easement shall:

(a) clearly delineate primary and secondary conservation areas;

(b) describe the features of the subject property that should be permanently protected in accordance with the Land Conservation Easement Act, Utah Code Annotated Section 57 Chapter 18;

(c) clearly identify the boundaries of the property by survey and a metes and bounds legal description;

(d) clearly list restrictions;

(e) protect the open space in perpetuity by a binding legal instrument to be recorded, which instrument shall be:

(i) a permanent conservation easement in favor of either:

(A) a land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

(B) a governmental entity with an interest in pursuing goals compatible with the purposes of this chapter;

(ii) a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

(iii) an equivalent legal tool that provides permanent protection, if approved by Tooele County ;

(f) show the area and a notation as to the conservation easement on the final plat and be duly recorded with the office of the county recorder; and

(g) provide for amendments only with the express written permission of the property owners, the holder of the easement, and Tooele County .

(2) If the entity accepting the easement is not Tooele County , then a third right of enforcement favoring Tooele County shall be included in the easement.

(3) The permanent restrictive covenants shall:

(a) clearly delineate the primary and secondary conservation areas;

(b) describe the features of the subject property that should be permanently protected;

(c) clearly identify the boundaries of the property by survey and a metes and bounds legal description;

(d) clearly list restrictions;

(e) provide for inspections of the property by Tooele County ;

(f) provide for maintenance of the property;

(g) be shown on the final plat and duly recorded with the office of the county recorder; and

(h) provide for amendments only with the express written permission of the property owners and Tooele County , which amendments to the covenant shall be recorded in the office of the county recorder. (Ord.2005-21, 09/6/05)