Agenda - 01-24-2012 - 8a - Laserfiche WebLink

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Brooks Farm - Conservation Easement Draft 42 BOCC 14 septic systems may be built, each within a two -acre "Residential Envelope" located within the areas identified as "Potential Future Home Site Area" on Exhibit A and outside of the "Riparian Corridor," also identified on Exhibit A. At the time construction of each such dwelling and such appurtenant structures is to commence, Grantee shall be notified of the location of the designated "Residential Envelope" so that its records can be updated. Nothing about Orange County's participation in or the signing of this Deed of Easement constitutes zoning or subdivision approval or the permitting of these residential dwellings and their appurtenant structures. (d) Recreational Improvements — Grantors expressly reserve the right to engage in low impact, non - developed recreational activities requiring no surface alteration of the land and posing no threat to the Conservation Values set herein such as hunting, fishing, hiking and bird watching, and to control access of all persons for these purposes; provided that these activities do not impact the protection and conservation of any animal habitat or other Conservation Values of the Property. However, under no circumstances shall golf courses, golf ranges, airstrips or helicopter pads be constructed, placed or permitted to remain on the Property. (e) Utility Services and Septic Systems — Installation, maintenance, repair, replacement, removal and relocation of electric, gas, and water facilities, septic systems, sewer lines and/or other public or private utilities, including telephone or other communication services over or under the Property for the purpose of providing electrical, gas, water, sewer, or other utilities to serve improvements on the Property permitted herein, and the right to grant easements over and under the Property for such purposes, is permitted except within the "Riparian Corridor" identified and marked on Exhibit A, provided that Grantors shall not permit or grant easements for utility transmission or distribution facilities or systems, including but not limited to easements to serve a tract of land which has been subdivided from the Property in accordance with the provisions of this Conservation Easement, without the written consent of the Grantee. Maintenance, repair or improvement of a septic system(s) or other underground sanitary system that exists on the Property at the time of this Conservation Easement, or the construction of a septic or other underground sanitary system, for the benefit of any of the improvements permitted herein, is permitted except within the "Riparian Corridor." identified and marked on Exhibit A. All other utilities are prohibited on the Property. Cellular communication towers or structures are also prohibited on the Property. 8. Subdivision The Property currently consists of all or a portion of two separate parcels of land identified as Tract A and Tract B on Exhibit A. Hereafter, the Property may be recombined and/or subdivided, provided that at no time shall the Property consist of more than three (3) separate tracts of land. The further subdivision of the Property, the recording of a subdivision plan, partition, or any other division of the Property into more than three tracts is prohibited. In any event, all terms, restrictions, and conditions of this Conservation Easement shall apply to all recombined and/or subdivided parts of the Property including but not limited to the requirements of agricultural viability of the Property, the restrictions on future development, the necessity of a Conservation Plan, and the prohibition on activities that are described in this Conservation Page 8 of 20