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He also noted that approximately 7 million gallons of water flow through these lands everyday and Mr. <br />Ha is working with the U.S. Department of Energy to create enough electricity for a centralized <br />refrigeration and distribution system which would be beneficial to him and the surrounding farmers. <br />Mr. Flores asked if HILT would be the easement holder. Mr. Sensenig replied that yes, a qualified third <br />party should hold the easement in perpetuity. <br />Mr. Flores then asked what the benefit would be to the County using public funds. Mr. Sensenig replied <br />that the County avoids the cost of development by keeping the land open along with the growing <br />consciousness to maintain food sustainability and create a sustainable farming community. In addition, <br />these are "prime" farm lands with soil that is considered "high priority" and must be protected. <br />Mr. Hirakami asked if the County's' portion would be about 750,000. Mr. Sensenig replied yes, <br />approximately. <br />Mr. Hirakami asked if these lands are leased where it would go. Mr. Sensenig replied that in terms of <br />potential use, the property could be leased out in portions but it could not be subdivided. Mr. Ha is <br />giving up a great deal of value since the property may never be converted from agriculture however he <br />can reserve the rights to build agricultural buildings if necessary. <br />Ms. Markovich asked if there is a provision for public access purposes. Mr. Sensenig replied that the <br />easement would not provide for unrestricted public access, however; there are some gulches on the <br />property that may be nice for trails. <br />Mr. Hirakami asked if there are any examples in the State of this working between government and <br />private entities. Mr. Sensenig replied that he's not aware of it. He added that when a conservation <br />easement is purchased, the monies go to the landowner and they can do whatever they want since there's <br />no restriction. <br />Mr. Gilmartin commented that he doesn't see how the County can get involved since there is no equal <br />access on these farmlands. Mr. Sensenig replied that the County is purchasing an interest, it's not really <br />subsidized. The public benefit would be in the maintenance of soils, avoidance of development costs <br />and keeping clean water and food which is demonstrated nationwide. <br />Mr. Gilmartin asked which farmers get access to the land. Mr. Sensenig replied that Mr. Ha has access <br />and if he chooses to sell he has to sell all of it, it's a divided interest for the development rights. <br />Mr. Flores told the Commission that they're not talking about access easements; Mr. Ha is just selling <br />his developmental rights and will still retain ownership. This is the first time that a request for a <br />conservation easement has ever been brought before them since the inception of the Commission and in <br />the County's General Plan it identifies protection of agricultural lands. <br />Mr. Gilmartin asked if there is a requirement that the land be used for agricultural purposes. Mr. <br />Sensenig replied that yes, however; if for some reason it becomes impossible to use the land, the <br />landowner can ask the court to change the property usage. The court would then be limited to <br />conserving the property as much as possible and it could not be subdivided. It is permanent and the <br />landowner must understand. <br />-2- <br />