Agenda - 01-15-2008-3c - Laserfiche WebLink

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~o Breeze Agricultural Conservation Easement (I) 12/21/07 draft (clean) The Grantor's rights to constructor reconstruct buildings and other improvements are described in subparagraphs (a) through (f) below. Any construction or reconstruction not permitted below is prohibited. Before undertaking any construction or reconstruction that requires advance permission, the Grantor shall notify Grantee and obtain written permission. All construction or reconstruction is subject to Orange County zoning regulations and must be consistent with permits required by and issued by Orange County under its laws and ordinances for such construction activities. (a) Fences -Existing fences may be repaired and replaced, and new fences maybe built on the Property for purposes of reasonable and customary management of livestock and wildlife or to fence off the perimeter of the Property without any further permission of Grantee. (b) Structures & Improvements -Structures, improvements, roads as described in Paragraph 12, and other impervious surfaces located on the Property, including those existing on the date of this Conservation Easement, shall not exceed 2 percent of the total area of the Property. Impervious surface shall be defined as any material which covers land and inhibits the percolation of water directly into the soil, including, but not limited to, buildings, roofing, the area covered by permanent or nonpermanent structures, macadam and pavement, concrete, paved and stone driveways, roads, and parking areas, including both existing and proposed structures which are either permanent or temporary. Structures, improvements and other impervious surfaces located in the "Existing Farmstead Area," including those existing on the date of this Agricultural Conservation Easement, shall not exceed 15 percent of the total area of the "Existing Farmstead Area" or result in exceeding the 2 percent total impervious surface limit on the Property. Existing structures, including agricultural structures and existing improvements, may be repaired, reasonably enlarged and replaced at their current locations within the "Existing Farmstead Area" as shown on Exhibit A, without further permission from the Grantee. New buildings, including barns, sheds and other structures and improvements to be used primarily for agricultural purposes (including the processing or sale of farm products predominantly grown or raised on the Property) maybe built on the Property without any further permission of Grantee provided they are located in the "Existing Farmstead Area." Any new buildings, structures or improvements proposed for locations outside the "Existing Farmstead Area" shall be for agricultural purposes only and maybe built only with the advance written permission of the Grantee. The Grantee shall give such permission within a reasonable time if it determines that the proposed building, structure or improvement would not diminish or impair the Conservation Values of the Property or otherwise be inconsistent with this Conservation Easement. No residential dwelling maybe located on the Property except for that which is authorized in Paragraph 7(c) of this Conservation Easement. (c) Single-Family Residential Dwellings -Two residential dwellings and their appurtenant structures exist on the Property within the "Existing Farmstead Area." Any new appurtenant structures, such as garages and sheds, shall be contained within the "Existing