ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks

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~~~~~~~~~~~~~UUI~I~~II~~~~~~n~~~i~~~u-~-~ui RB5339 61 9~2~ (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 the recorded plat for the Conservation Easement and on Exhibit A; provided that Grantors shall not permit or grant easements for utility transmission or distribution facilities or systems without the written consent of the Grantees. Maintenance, repau or improvement of a septic system(s) or oiher 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 and if necessary to serve the existing (or replacement) residential or commercial uses located immediately adjacent to the Properiy on the property identified as Orange County PIN 9854-84- 7637, is permitted except within the "R.ipazian Corridor" identified and marked on the recorded plat for this Conservation Easement and on Exhibit A. All other utilities are prohibited on the Properly. Cellular communication towers or structures are prohibited on the Property. 8. Subdivision T'he Properiy currently consists of all or a portion of two separate pazcels of land identified as Tract One and Tract Two on the recorded Plat for this Conservation Easement. 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. tn 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 Easement. It is understood that notice of this Conservation Easement will be included in any instrument recorded that recombines, subdivides, partitions or otherwise divides the Property. Notwithstanding the foregoing, in the event that any tract which is two (2) acres in size or smaller is hereafter subdivided from the Property in accordance with the terms of this Conservation Easement and such tract is located entirely outside the boundaries of the Riparian Corridor shown on the recorded plat for the Conservation Easement and on Exhibit A, the terms, restrictions and provisions of this Conservation Easement shall no longer apply to said two-acre (or smaller) tract. Thereafter, however, such tract shall at no time in the future be recombined with the Property, and for each such two-acre (or smaller) tract that is subdivided from the Property the total number of separate tracts of which the Property may consist shall be reduced by one. For example, if one two-acre tract is subdivided fram the Property, the Property shall thereafter consist of no more than two (2) separate tracts of land. If two two-acre tracts are subdivided from the Property that Property shall thereafter consist of only one tract of land, and Page 9 of 21