ORD-2010-095 - Budget Amendment #5-A - Purchase of a Conservation Easement

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11 Volpe Conservation Easement (South) Draft 11 /19110 Grantors will not perform, nor knowingly allow others to perform, any act on or affecting the Easement Area that is inconsistent with the purposes of this Conservation Easement. However, unless otherwise specified below, nothing in this Conservation Easement shall require the Grantors to take any action to restore the condition of the Easement Area after any act of nature or other event over which Grantors had no control. Grantors understand that nothing in this Conservation Easement relieves her of any obligation or restriction on the use of the Easement Area imposed by law. 2. PROPERTY USES. Any activity on, or use of, the Easement Area inconsistent with the purposes of this Conservation Easement is prohibited. The Easement Area shall be maintained in its natural and open condition and restricted from any development that would impair or interfere with the conservation values of the Easement Area. Without limiting the generality of the foregoing, the following is a listing of activities and uses which are expressly prohibited or which are expressly allowed. Grantors and Grantee have determined that the allowed activities do not impair the conservation values of the Easement Area. Additional retained rights of Grantors are set forth in Paragraph 3 below. 2.1 Subdivision and Conveyance. The Easement Area consists of one single tract of land. The Easement Area may not be further divided, subdivided or partitioned to establish additional parcels. Any fixture conveyance of the fee simple interest in the Easement Area shall be subject to this Conservation Easement. Grantors agree for themselves, their successors and assigns, that in the event they transfer the Easement Area, such transfer is subject to the Grantee's right of ingress, egress, and regress over and across the Easement Area for the purposes set forth herein. 2.2 Construction. No permanent structures exist on the Easement Area at the time of this Conservation Easement, The Grantors' reserve the right to construct or reconstruct new structures and other improvements described in subparagraphs (a) through (c) below. Any construction or reconstruction not permitted below is prohibited. Before undertaking any construction or reconstruction that requires advance permission, Grantor shall notify Grantee and obtain written permission. All construction or reconstruction is subject to Orange County zoning regulations and must be consistent with permits required by and issued by Orange County under its laws and ordinances for such construction activities. (a) Fences — Any existing fences may be repaired and replaced, and new fences may be built on the Easement Area to identify property boundaries without any further permission of Grantee. (b) New Structures and Improvements — Grantors have the right to construct one (1) gazebo with a footprint containing no more than 100 square feet and no more than two (2) benches within the Easement Area. No other Page 5 of 16