Agenda - 04-21-2009 - 4l - Laserfiche WebLink

Browse Search

3 c. Trash and Landfills. Except as expressly permitted herein, the dumping or storage on the Property of soil, trash, refuse, debris, ashes, garbage, waste, abandoned vehicles or parts, appliances, machinery, hazardous substances or toxic or hazardous waste is prohibited. Operating or authorizing others to operate a solid waste landfill on the Property is prohibited. Operating or authorizing others to operate a solid waste transfer station on the Property is prohibited. Subject to the terms hereof, an Orange County community recycling and solid waste disposal convenience center may be located and operated within the Interior Core, along with the location and storage of recycling and solid waste within such center consistent with Grantor's community recycling and solid waste disposal convenience center operation policies; provided, however, that (i) the location of such recycling and solid waste disposal center must be south of a line with a bearing of N88°03'11"E beginning at a point identified as "A" on the western boundary of the Property and ending at point identified as "B" on the eastern boundary of the Property as shown on Map 1 of 2 of the Plat; (ii) the location and operation of such recycling and solid waste disposal convenience center is at all times in compliance with the OSWCD Guidelines (as hereinafter defined) issued by Orange Soil and Water Conservation District ("OSWCD") pursuant to paragraph 2 hereofi and (iii any road or drive providing vehicle access to such center shall connect to Mincey Road only and shall not connect to Schley Road_ 2. Actions Restrictions and Allowances Specific to the Interior Core and the Western Field. a. Grantor will request that the OSWCD issue guidelines for the use of the Western Field and Interior Core (the "OSWCD Guidelines") within one year of the execution of this Conservation Easement. The OSWCD Guidelines shall establish guidelines, limitations and restrictions on Grantor's use of the Western Field and the Interior Core to ensure that uses of those Areas do not detrimentally affect or impact the Conservation Values in the Envelopes and the Water Quality Buffers (as hereinafter defined). The OSWCD Guidelines shall include, without limitation, guidelines, limitations and restrictions relating to the following: i. Sediment and soil erosion; ii. Water quality; iii. Animal waste management; iv. Stream bank stabilization and stream protection; v. Nutrient management; vi. Storm water controls; and vii. Riparian restoration. b. As soon as possible and at least six (6) months prior to the commencement of any specific intended use of the Western Field or Interior Core by Grantor (the "Specific Use"), Grantor shall present its plans for the Specific Use to OSWCD for review by OSWCD for consistency with the OSWCD Guidelines as is necessary to ensure that the Specific Use does not detrimentally affect or impact the Conservation Values in the Envelopes and the Water Quality Buffer. c. Grantor shall take any and all actions required or recommended by the OSWCD in connection with its ownership and use of the Western Field and the Interior Core. Grantor shall neither take nor allow any action in the Western Field or the Interior Core that violates the OSWCD Guidelines. 3. Allowances and Restrictions in the Water Quality Buffer the Western Water Ouality Envelope and the Eastern Forest Envelope. a. Except as expressly permitted herein in this paragraph 3.a., Grantor shall leave the eighty-five (85) foot Water Quality Buffer located in the Envelopes and shown on the Plat ("the Water Quality Buffer") in its natural, undisturbed state, and Grantor shall take no action, including, without 4