EasementsFlashcards Glossary 20250414

Question 1

Access Drive

Answer 1

A road, drive, or land providing vehicular access

Question 2

Additional Improvement

Answer 2

an Improvement other than an Existing Improvement

Question 3

Agricultural Improvement

Answer 3

an Improvement used or usable in furtherance of Agricultural uses succh as barn, stable, silo, spring house, green house, hoop house, riding arena (whether indoor or outdoor), horse walker, manure storage pit, storage building, farm stead, feeding and irrigation facilities.

Question 4

Agricultural or Agriculture

Answer 4

One of the following: 1) production for sale of grains, vegetables, fruits, seeds, nuts, and other plant products; mushrooms; animals and their products. 2) Production of field crops and forage. 3) Production of nusery stock and sod to be removed and planted elsewhere. 4) Boarding, stabling, raising, feeding, grazing, exercising, riding, and training horses and instructing riders.

Question 5

Amendment

Answer 5

An amendment, modification, or supplement to this Grant signed by Owners and Holder and recorded in the Public Records. The term “Amendment” includes an amendment and restatement of this Grant.

Question 6

Applicable Law

Answer 6

Federal, state, or local laws, statutes, codes, ordinances, standards, and regulations appliable to the property, the Conservation Easement, or this Grant, as amended through the applicable date of reference. If this Grant is intended to meet the requirements of a qualified conservation contribution, then applicable provisions of the Code and the Regulations (including notices issuesd interpreting the Regulations) are also included in the defined term.

Question 7

Beneficiary

Answer 7

a Person given rights under the terms of this Grant (other than Owners or Holder)

Question 8

Best Management Practices

Answer 8

a series of guidelines or minimum standards (sometimes referred to as BMP’s) recommended by federals, state, and/or county resource management agencies for farming and forestry operations; for preventing and reducing pollution of water resources and other disturbances of soil, water, and vegetative resources; and for protecting wildlife habitats.

Question 9

Code

Answer 9

the Internal Revenue Code of 1986, as amended through the applicable date of reference.

Question 10

Conservation and Preservation Easements Act

Answer 10

the Pennsylvania act of June 22, 2001 (P.L. 390, No. 29)(32 P.S. ��5051-5059) as amended through the applicable date of reference.

Question 11

Construction

Answer 11

means demolition, construction, reconstruction, maintenance, expansion, exterior alteration, installation, or erection of temporary or permanent Improvements; and, whether or not in connection with any of the foregoing, excavation, dredging, mining, filling, or removal of gravel, soil, rock, sand, coal, petroleum, or other minerals.

Question 12

Default Rate

Answer 12

means and annual rate of interest equal at all times to two percent (2%) above the prime rate announced from time to time by the Wall Street Journal.

Question 13

Dwelling Unit

Answer 13

the use or intended use of an Improvement or portion of an Improvement for human habitation by one or more Persons (whether or not related). Existence of a separate kitchen accompanied by sleeping quarters is considered to constitute a separate Dwelling Unit.

Question 14

Existing Improvement

Answer 14

an Improvement existing as of the Easement Date as identified in the Baseline Documentation.

Question 15

Existing Servitude

Answer 15

an easement or other matter affecting title ot the Property (other than a Lien) accorded priority to the Conservation Easement by notice in the Public Records or other prior notice recognized under Applicable Law.

Question 16

Extraction Improvements

Answer 16

means wells, casements, impoundments, and other Improvements for the exploration, extraction, collection, containment, transport, and removal (but not processing or refining) of oil or natural gas (regardless of source) from substrata beneath the surface of the Property. The term “Extraction Improvements” includes any Access Drive required for the Construction or operation of Extraction Improvements or the removal of oil or natural gas from the Property.

Question 17

Forestry

Answer 17

means planting, growing, nurturing, managing, and harvesting trees whether for timber and other useful products or for water quality, wildlife habitat, and other Conservation Objectives.

Question 18

Height

Answer 18

means the vertical elevation of an Improvement measured from the average exterior ground elevation of the Improvement to a point, if the Improvement is roofed, midway between the highest and lowest points of the roof excluding chimneys, cupolas, ventilation shafts, weathervanes, and similar protrusions or, if the Improvment is unroofed, the top of the Improvement.

Question 19

Impervious Coverage

Answer 19

means the footprints (including roofs, decks, stairs, and other extensions) of Improvements; paved or artificiallly covered surfaces such as crushed stone, gravel, concrete, and asphalt; impounded water (such as a man-made pond); and compacted earth (such as an unpaved roadbed). Also included in Impervious Coverage are green roofs and porous pavement surfaces. Excluded from Impervious Coverage are running or non-impounded standing water (such as naturally occuring lake), bedrock and naturally occurring stone and gravel, and earth (whether covered with vegetation or not) so long as it has not been compacted by non-naturally occurring forces.

Question 20

Improvement

Answer 20

means a building, structure, facility, or other improvement, whether temporary or permanent, located on, above, or under the property.

Question 21

Indemnified Parties

Answer 21

mean Holder, each Beneficiary (if any), and their respective members, directors, officiers, employees and agents, and the heirs, personal representatives, successors, and assigns of each of them.

Question 22

Invasive Species

Answer 22

means a plant species that is non-native 9or alien) to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. In cases of uncertainty, publications such as “Plant Invaders of Mid-Atlantic Natural Areas” by the National Park Service and U.S. Fish and WIldlife Service, are to be used to identify Invasive Species.

Question 23

Lien

Answer 23

means a mortage, lien, or other encumbrance securing the payment of money.

Question 24

Litigation Expense

Answer 24

means any court filing fee, court cost, arbitration fee or cost, witness fee, and each other fee and cost of investigating and defending or asserting any claim or violation or claim for indemnification under this Grant including, in each case, attorneys’ fees, other professionals’ fees, and disbursements.

Question 25

Losses

Answer 25

mean any liability, loss, claim, settlement payment, cost, expense, interest, award, judgment, damages (including punitive damages), diminution in value, fines, fees, penalties, or other charge other than a Litigation Expense.

Question 26

Lot

Answer 26

means a unit, lot, or parcel of real estate separated or transferable for separate ownership or lease under Applicable Law.

Question 27

Market Value

Answer 27

means the fair value that a willing buyer, under no commpulsion to buy, would pay to a willing seller, under no compulsion to sell as established by appraisal in accordance with the then-current edition of Uniform Standards of Professional Appraisal Practice issued by the Appraisal Foundation or, if appliable, a qualified appraisal in conformity with �1.17A-13 of the Regulations.

Question 28

Native Species

Answer 28

mean a plant or animal indigenous to the locality under consideration. In cases of uncertainty, published atlases, particularly The Vascular Flora of Pennsylvania: Annotated Checklist and Atlas by Rhoads and Klein and Atlas of United States Trees, vols 1 & 4 by Little are to be used to establish whether or not a species is native.

Question 29

Owners

Answer 29

mean the undersigned Owner or Owners and all Persons after them who hold an interest in the Property.

Question 30

Person

Answer 30

means and individual, organization, trust, government, or other entity.

Question 31

Public Records

Answer 31

mean the public records of the office for the recording of deeds in and for the county in which the Property is located.

Question 32

Qualified Organization

Answer 32

means a governmental or charitable entity that (a) meets the criteria of a qualified organization under �1.170(A-14�(1) of the regulations and (b) is duly authorized to acquire and hold conservation easements under the Conservation and Preservation Easements Act.

Question 33

Regulations

Answer 33

mean the provisions of C.F.R. �1.170A-14, and any other regulations promulgated under the Code that pertain to qualified conservation contributions, as amended through the applicable date of reference.

Question 34

Regulatory Signs

Answer 34

mean signs (not exceeding one square foot each or such greater dimensions as are the minimum required by Applicalbe Law) to control access to the Property or for informational, directional, or interpretive purposes.

Question 35

Renewable Energy

Answer 35

means energy that can be used without depleting its source such as solar, wind, geothermal, and movement of water (hydroelectricc and tidal).

Question 36

Residential Improvements

Answer 36

mean dwellings and Improvements accessory to residential uses such as garage, swimming pool, pool house, tennis court, and children's play facilities.

Question 37

Resource Management Plan

Answer 37

means a record of the decisions and intentions of Owners prepared by a qualified resource management professional for the purpose of protecting natural resources that the Conservation Objectives aim to protect during certain operations potentially affecting those resources. It includes a resource assessment, identifies appropriate performance standards (based upon Best Management Practices where available and appropriate), and projects a multi-year description of planned activiteis for operations to be conducted in accordance with the plan.

Question 38

Review

Answer 38

means review and approval by Holder under the procedure described in article 6.

Question 39

Review Requirements

Answer 39

mean, collectively, any plans, specifications, or other information required for approval of the Subdivision, activity, use, or Improvement under Applicable Law (if any) plus the information required under (a) an exhibit incorporated into this Grant or (b) the Baseline Documentation or (c) if the information described in (a) and (b) is inappliable, unavailable, or insufficient under the circumstances, the guidelines for Review of submission set by Holder to provide sufficient information to conduct its Review.

Question 40

Site Improvement

Answer 40

means an unenclosed Improvement such as an Access Drive, Utility Improvement, walkway, boardwalk, retention/detention basin or other stormwater management facility, well, septic system, bridge, parking area or other pavement, lighting fixture, sign, mailbox, fence, wall, gate, man-made pond, berm, and landscaping treatment. The term does not include Extraction Improvements.

Question 41

Soil Conservation Plan

Answer 41

means a plan for soil conservation that meets the requirements of the Natural Resources Conservation Service as of the applicable date of reference and for erosion and sedimentation control under Applicable Law.

Question 42

Steep Slope Area

Answer 42

means an area greater than one acre having a slope greater than 15%.

Question 43

Subdivision

Answer 43

means any division of the Property or any Lot within the Property; and any creation of a unit, lot, or parcel of real estate, including subsurface portions of the Property, for separate use or ownership by any means including by lease or by implementing the condominium form of ownership. The term "Subdivision" includes any "subdivision" as defined in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended as of teh applicable date of reference.

Question 44

Sustainable

Answer 44

means land management practices that provide goods and services from an ecosystem without degrading soil or water resources and without a decline in the yield of those goods and services over time.

Question 45

Utility Improvement

Answer 45

means an Improvement for the reception, storage, or transmission of potable water, stormwater, sewage, electricity, gas, telecommunications, or other sources of power. The term does not include Extraction Improvements.

Question 46

Waiver

Answer 46

means a written commitment by which the Holder, without any obligation to do so, agrees to refrain from exercising one or more of its rights and remedies for a specific period of time with respect to a specific set of circumstances.

Question 47

Wet Area

Answer 47

means a watercourse, spring, wetland (including vernal ponds), or non-impounded standing water, and the area within 100 feet of its edge.

Question 48

Woodland Area

Answer 48

means an area within the Property described as "wooded" or "forested" in the Baseline Documentation or identified as such on the Easement Plan, or if not wooded or forested as of the Easement Date, is designated as successional woodland area on the Easement Plan.