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S Warranty Deed of Conservation Easement between Orange County and Jason G. Davis and Rebecca J. Davis
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S Warranty Deed of Conservation Easement between Orange County and Jason G. Davis and Rebecca J. Davis
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Last modified
9/19/2014 12:24:00 PM
Creation date
9/19/2014 12:13:17 PM
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BOCC
Date
6/17/2014
Meeting Type
Regular Meeting
Document Type
Easements
Agenda Item
6i
Document Relationships
Agenda - 06-17-2014 - 6i
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2014\Agenda - 06-17-2014 - Regular Mtg.
ORD-2014-028 Resolution of Approval – Conservation Easement for Jason and Rebecca Davis and Approval of Budget Amendment #9-C
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2014
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RB58� <br /> RB5821 536 5/19 <br /> 2. PROPERTY USES. Any activity on, or use of,the Easement Area inconsistent <br /> with the purposes of this Conservation Easement is prohibited. The Easement Area shall be <br /> maintained in its natural and open condition and restricted from any development that would <br /> impair or interfere with the conservation values of the Easement Area. Without limiting the <br /> generality of the foregoing,the following is a listing of activities and uses which are expressly <br /> prohibited or which are expressly allowed. Grantors and Grantee have determined that the <br /> allowed activities do not impair the conservation values of the Easement Area. Additional <br /> retained rights of Grantors are set forth in Paragraph 3 below. <br /> 2.1 Subdivision and Conveyance. The Easement Area is a portion of a single <br /> tax parcel (herein"parcel"),which is described in Exhibit A. The Easement Area may not be <br /> further divided, subdivided or partitioned to establish additional parcels. Any future conveyance <br /> of the fee simple interest in the Easement Area shall be subject to this Conservation Easement. <br /> Grantors agree for themselves,their successors and assigns,that in the event they transfer the <br /> Easement Area, such transfer is subject to the Grantee's right of ingress, egress, and regress over <br /> and across the Easement Area for the purposes set forth herein. <br /> 2.2 Construction. No permanent structures exist on the Easement Area at the <br /> time of this Conservation Easement. The Grantors' reserve the right to construct or reconstruct <br /> new structures and other improvements described in subparagraphs (a)through(c)below. Any <br /> construction or reconstruction not permitted below is prohibited. Before undertaking any <br /> construction or reconstruction that requires advance permission, Grantor shall notify Grantee and <br /> obtain written permission from the Orange County Department of Environment,Agriculture, <br /> Parks and Recreation or a successor department. All construction or reconstruction is subject to <br /> Orange County zoning regulations and must be consistent with permits required by and issued by <br /> Orange County under its laws and ordinances for such construction activities. <br /> (a) Fences—Fences may be built on the Easement Area to identify property <br /> boundaries and thereafter repaired and replaced without any further <br /> permission of Grantee. <br /> (b) New Structures and Improvements—Grantors have the right to construct <br /> one (1) gazebo with a footprint containing no more than 100 square feet as <br /> well as no more than two (2)benches within the Easement Area. No other <br /> structures may be placed or constructed on the Easement Area, nor shall <br /> there be construction or placing of any outdoor lighting, utility pole,utility <br /> tower,conduit or line on or above the Easement Area. <br /> (c) Pedestrian Trails—Pedestrian trails may be constructed as long as such <br /> trails be of a natural surface,not be more than six (6) feet wide, and <br /> located at a minimum distance of thirty (30) feet from the top of the bank <br /> of Haley Creek. <br /> Page 5 of 15 <br />
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