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S Conservation Easement Joseph Phelps
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S Conservation Easement Joseph Phelps
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Last modified
4/17/2013 4:57:40 PM
Creation date
3/14/2013 9:32:22 AM
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BOCC
Date
6/29/2000
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
9e
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Agenda - 06-29-2000-9e
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\Board of County Commissioners\BOCC Agendas\2000's\2000\Agenda - 06-29-2000
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appropriate, with or without order of court, to remedy or abate <br /> violations hereof; (d) making scientific and educational <br /> observations and studies and taking samples in such a manner as <br /> will not disturb the quiet enjoyment of the Protected Property by <br /> Grantors; and (e) monitoring and management as described below. <br /> 4 .3 Monitoring and Management . The right, but not the <br /> obligation, to monitor the condition of the plant and animal <br /> populations, plant communities, and natural habitats on the <br /> Protected Property, and to manage them, to the extent deemed <br /> appropriate by Grantee, to ensure their continued presence and <br /> viability on the Protected Property. <br /> 4 .4 Easement . To prevent any activity on or use of the <br /> Protected Property that is inconsistent with the purpose of this <br /> Conservation Easement and to require the restoration of such areas <br /> or features of the Protected Property that may be damaged by any <br /> inconsistent activity or use, pursuant to paragraph 9 . <br /> 4 .5 Discretionary Consent . Grantee' s consent for activities <br /> otherwise prohibited under paragraph 2, above, or for any <br /> activities requiring Grantee' s consent under paragraph 2 or 3 <br /> above, may be given under the following conditions and <br /> circumstances . If, owing to unforeseen or changed circumstances, <br /> any of the activities listed in paragraph 2 (and to the extent <br /> applicable, paragraph 3) are deemed desirable by both Grantors and <br /> Grantee, Grantee may, in its sole discretion, give permission for <br /> such activities, subject to the limitations herein. Such requests <br /> for permission, and permission for activities requiring Grantee' s <br /> consent under paragraph, 2 or 3, shall be in writing and shall <br /> describe the proposed activity in sufficient detail to allow <br /> Grantee to judge the consistency of the proposed activity with the <br /> purpose of this Conservation Easement . Grantee may give its <br /> permission only if it determines, in its sole discretion, that such <br /> activities (1) do not violate the purpose of this Conservation <br /> Easement and (2) either enhance or do not impair any significant <br /> conservation interests associated with the Protected Property. <br /> Notwithstanding the foregoing, Grantee and Grantors have no right <br /> or power to agree to any activities that would result in the <br /> termination of this Conservation Easement, violation of the Orange <br /> County Zoning Ordinance or to allow any residential, commercial or <br /> industrial structures or any residential, commercial or industrial <br /> activities not provided for above. <br /> 4 . 6 Conveyance of Develoipment Rights . Grantors convey to <br /> Grantee all development rights that are now or hereafter allocated <br /> to, implied, reserved or inherent nt in the Protected Property which <br /> are inconsistent with the terms of this Conservation Easement and <br /> the Orange County Zoning Ordinance, and the parties agree that such <br /> rights are terminated and extinguished, and may not be used on or <br /> transferred to any portion of the Protected Property, as it is now <br /> or hereafter may be bounded or described, or to any other property <br /> adjacent or otherwise. Provided, however, this provision shall not <br /> be construed to prohibit the modification or alteration of lots <br />
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