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Agenda - 06-21-2011 - 5l
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Agenda - 06-21-2011 - 5l
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6/20/2011 12:38:49 PM
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6/20/2011 12:37:48 PM
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BOCC
Date
6/21/2011
Meeting Type
Regular Meeting
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Agenda
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5l
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Minutes 06-21-2011
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\Board of County Commissioners\Minutes - Approved\2010's\2011
RES-2011-063 Resolution approving the Agricultural Conservation Easement between Orange County and William Breeze Sr. Farm
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\Board of County Commissioners\Resolutions\2010-2019\2011
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15 <br />Breeze Farm Conservation Easement (Phase II) Draft #3 CLEAN <br />professional licensed forester, and that is approved by Grantee, which approval shall not be <br />unreasonably withheld. <br />Any other cutting, removal or harvesting of trees, including any commercial harvesting of <br />trees, may be undertaken only if it occurs outside of the stream buffer described in Paragraph 4 <br />(Right to-Farm) of this Conservation Easement and it is in accordance with the Conservation <br />Plan and forest management plan referred to in this Paragraph 10 (Forest Management). <br />Trees may be planted, harvested and removed within the areas identified and marked as <br />"Future Farmstead Envelope" and "Historic Building Envelope" on Exhibit A without the <br />advance written permission of the Grantee, so long as done in accordance with the Conservation <br />Plan and forest management plan referred to in this Paragraph 10 (Forest Management). <br />11. Mining <br />There shall be no filling, excavation, dredging, mining or drilling, removal of topsoil, <br />sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the land <br />in any manner except as necessary for the purpose of normal and customary farming operations <br />in accordance with the Conservation Plan or combating erosion or flooding in accordance with <br />the Conservation Plan and as reasonably necessary for any maintenance, construction or <br />reconstruction on the Property permitted herein. Disturbed areas for the purpose of removing <br />soil, gravel, -rock, peat, minerals or other materials necessary for permitted customary agricultural <br />uses on the Property will be limited to one acre in total surface area and will be restored as soon <br />as practicable after the disturbance. Under no circumstances is the drilling for or exploration for <br />hydrocarbons permitted in, on or to the Property. <br />12. Road Construction <br />Construction and maintenance of farm roads that may be reasonably necessary and <br />incidental- to carrying out the improvements and uses permitted on the Property by this <br />Conservation Easement are permitted. With the exception of the proposed future accessloads <br />identified on Exhibit A, no roads constructed on the Property shall be paved or otherwise covered <br />with concrete, asphalt, rock; gravel or any other impervious material, without the advance written <br />permission of Grantee. Grantee shall not give such permission u-mess Grantee determines that <br />the proposed paving, or covering of the soil, or the location of any such road, will not diminish or <br />impair the Conservation Values of the Property. Any such road covered by any impervious <br />material including rock or gravel is subject to impervious surface requirements in Paragraph 7 <br />(Procedure to Construct Buildings and Other Improvements). <br />13. Dumping and Trash <br />Dumping or storage of soil, trash, refuse, debris, ashes, garbage, waste, abandoned <br />vehicles or parts, appliances, machinery, or hazardous substances, or toxic or hazardous waste, or <br />any placement of underground or above ground storage tanks or other materials is prohibited. <br />Provided, however, that the storage of agricultural products, byproducts (including the <br />Page 10 of 20 <br />
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