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12 <br />Br-eeze Farm Conservation Easement (Phase II) Draft #3 CLEAN <br />7. Procedure to Construct Buildings and Other Improvements <br />The Grantor's rights to construct or reconstruct buildings and other improvements are <br />described in subparagraphs (a) through (f) below. Any construction or reconstruction not <br />permitted below is prohibited. Before undertaking any construction or reconstruction that <br />requires advance permission, the Grantor shall notify Grantee and obtain written permission. All <br />construction or reconstruction is subject to Orange County zoning regulations and must be <br />consistent with permits required by and issued by Orange County under its laws and ordinances <br />as they exist now and as they may be amended from time to time for such construction activities. <br />(a) Fences -Existing fences may be repaired and replaced, and new fences may be <br />built on the Property for purposes of reasonable and customary management of livestock and <br />wildlife or to fence off the perimeter of the Property without any further permission of Grantee. <br />(b) Structures & Improvements -Structures, improvements, roads as described in <br />Paragraph 12 (Road Construction), and other impervious surfaces located on the Property, <br />including those existing on the date of this Conservation Easement, shall not exceed 2 percent of <br />the total area of the Property. Impervious surface shall be defined as any material which covers <br />land and inhibits the percolation of water directly into the soil, including, but not limited to, <br />buildings, roofing, the area covered by permanent or nonpermanent structures, macadam and <br />pavement, concrete, paved and stone driveways, roads, and parking areas, including both existing <br />and proposed structures which are either permanent or temporary. <br />Structures, improvements and other impervious surfaces located in the "Future Farmstead <br />Envelope," including those existing on the date of this Agricultural Conservation Easement, shall <br />not exceed 17 percent of the total area of the "Future Farmstead Envelope." <br />'New buildings, including barns, sheds and other structures and improvements to be used <br />primarily for agricultural purposes (including the processing or sale of farm products <br />predominantly grown or raised on the Property) may be built on the Property without any further <br />permission of Grantee provided they are located in the "Future Farmstead Envelope." <br />Any new buildings, structures or improvements proposed for locations outside the <br />"Fu-tore Farmstead Envelope" shall be for agricultural purposes only and may be built only with <br />the advance written permission of the Grantee. The Grantee shall give such permission within a <br />reasonable time if it determines that the proposed building, structure or improvement would not <br />diminish or impair the Conservation Values of the Property or otherwise be inconsistent with this <br />Conservation Easement. <br />(c) Historic Structures -The Property includes two existing structures located within <br />the "Historic Building Envelope" identified on Exhibit A, and more particularly described in the <br />Baseline Report. The two existing structures may be repaired and reasonably enlarged without <br />further permission from the Grantee. <br />Page 7 of 20 <br />