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ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks
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ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks
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Last modified
3/12/2019 3:28:23 PM
Creation date
11/12/2012 11:56:22 AM
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BOCC
Date
1/24/2012
Meeting Type
Regular Meeting
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A
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Agenda - 01-24-2012 - 8a
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2012\Agenda - 01-24-2012 - Regular Mtg.
Minutes 01-24-2012
(Attachment)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2012
RES-2012-009 Resolution of Approval of Agricultural Conservation Easement between Orange County and the Eno River Association and Dennis and Linda Brooks
(Linked To)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2012
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~~~~1I~~~~~~~1~1~1~~i~~~~~~~~~~~~~-~~~~~~~H~~ <br />RB5339 64 12/24 <br />Property is allowable, so long as such storage is done outside the Riparian Comdor and in <br />accordance with all applicable government laws and regulations and in such a manner so as to <br />not impair the Conservation Values of the Property. <br />14. Water Rights <br />Grantors shall retain and reserve the right, consistent with federal, State and local laws <br />and regulations, to use any appurtenant water rights sufficient to maintain the agricultural <br />productivity of the Property. Grantors shall not transfer, encumber, lease, sell or otherwise <br />separate such water rights from title to the Property itself. <br />1 S. Natural Resource Restoration and Enhancement Activities <br />Notwithstanding any terms contained within this Conservation Easement, Grantors may <br />engage or contract others to engage in any activity designed to repair, restore, or otherwise <br />enhance the natural resources found or once present on the Property, that are consistent with the <br />Conservation Values of this Conservation Easement and subject to the written approval of the <br />Grantees and the Natural Resources Conservation Service. <br />16. Signs <br />No new signs shall be permitted on the Property except interpretive signs describing <br />activities and Conservation Values of the Property, signs identifying the owner of the Property <br />and the holder of the Conservation Easement, and signs giving directions or proscribing rules and <br />regulations for the use of the Property. All signs permitted on the Property shall conform to <br />applicable Orange County zoning, subdivision and building code regulations. <br />17. Ongoing Responsibilities of Grantors and Grantees <br />Other than as specified herein, this Conservation Easement is not intended to impose any <br />legal or other responsibility on the Grantees, or in any way to affect any existing obligation of the <br />Grantors as owners of the Property. Among other things, this shall apply to: <br />(a) Taxes - The Grantors shall continue to be solely responsible for payment of all <br />taxes and assessments levied against the Property. If the Grantees aze ever required to pay any <br />taxes or assessments on its interest in the Property, the Grantors will reimburse the Grantees for <br />the same. <br />(b) Upkeep and Maintenance - The Grantors retain all responsibilities and sha11 beaz <br />all costs and liability of any kind related to the ownership, operation, and upkeep and <br />maintenance of the Property, including maintenance of all fencing and other structures and <br />facilities necessary to comply with the terms and conditions of this Conservation Easement and <br />the maintenance of adequaxe comprehensive general liability insurance coverage. Grantees shall <br />have no obligation for the upkeep or maintenance of the Property. Grantors will remain <br />responsible for upkeep, maintenance, and repairs to any impoundments located on the Property. <br />Page 12 of 2 i <br />
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