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S Easement - William H Breeze Sr. for Deed of Agricultural Conservation Easement
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S Easement - William H Breeze Sr. for Deed of Agricultural Conservation Easement
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Last modified
3/14/2012 9:06:04 AM
Creation date
3/14/2012 8:39:32 AM
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BOCC
Date
6/21/2012
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
5l
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~ ~~~~~' <br />r <br />profcssional licensed Forester, and that is approved by Gr~ntee, v~fiich approv~l s~tall nat be <br />unreasonr~bly withheld. <br />Any other cutting, removat or harvesting of trees, inc~uding any canmercial harwesting of <br />trees, msy be undcrtaken only if it occurs outside of the stream buf~'er described in Paragragh 4 <br />(Right to Farm) of this Conservation Easement and it is in accordance ~with the Conservatio~ <br />Plan and forest management plan referred to in this Para~raph 10 (Forest Management). <br />Trees tnay be pl~nted, ltarvested ~nd removed within the ~ identified and m~rked as <br />"Future Farmstead Er~velape" and "Historic Be~ilding Enve}ope" on Exhibit A without t~ <br />advance written permission of the Granteo, so ~ong as done in aceordance with th~ Conservatian <br />Plan and forest man~gement plan refemd to in this Paragr~ph 10 (Forest Man~gement). <br />11. Mining <br />There shatl be no filling, excavation, dredging, mining or dril~ing, removal of topsoil, <br />sand, gravel, rock, peat, miner~ls or other materiata; and no change in the to~graphy of the land <br />in any manner except as necessary for the purpose of norm~l and custornary farming operations <br />in accordance with the Conservation Plan or combating erosion or flo~ir~g in accordat~e with <br />the Conservation Plan and ss r~sonably necESSary far ~ny maintenance, consUuction or <br />reconstruction o~ the Properiy permitted herein. Disturbed areas for the purpose of rcmoving <br />soil, gravel, roc~c, peat, minerala or other matcria~s nece~sary for pernutted ct~.stomary agrieultctr~l <br />uses on the Property will be limited to one acro in total surface ~rea and will be restored as aoon <br />as pr~cticable a~er the disturba~e. Under no circwnstances is the dril~ing for or exploration for <br />hyclroc~rbans perrttitted fn, on or to the Froperty. <br />12. Road Conatruction <br />Construction and maintenance of farm ro~ds that may be reesonably necessary ~nnd <br />incidental to carrying out the improvements and t~ses permitted on the Pmperty by this <br />Conservatian Eas~ment are permitted. Grantor may also canstruct and maintain a road to <br />provide access to the groperty identified as PIN 9878-12-6513 an the recarded plat as long a~ it is <br />constructed wichin the ~rea designated "SO' wide access right of way" on the recorded plat. Any <br />road ar cfrive sh~ll be gravel and otherwisc mcet but not exceed the Or~nge Co~nty private rond <br />standards for a Class "B" private road as tho~e standards exist at the tinze of the grant of this <br />Conservation Easement. A copy of those standards is attached hereto ss Exhibit C and <br />incorporated herein by reference. With the exception of the proposed future access mads <br />identified on Exhihit A, no raads eonstructed on the Pmperty sh~ll be paved or otherwise covertd <br />with concrete, asphalt, rock, gr~vel or any c~ther impervious m~terial, without the advance written <br />permission of GranEee. Grantee shall not give such pcrmission unless Grantee determinea that <br />the proposed p~ving, or covering of the soil, or the location of any such road, will not diminish or <br />impair the Conservatian Values of the Property. Any such raad cover+ed by any impervious <br />material including rock or gravei is subject to impervious surface requirements in Paragragh ? <br />(Procedure to Constr~t Buildings Snd Other Improvements). <br />Page 10 of 22 <br />
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