Agenda - 09-06-2007-3b - Laserfiche WebLink

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Tate Farm Conservation Easement Draft 94 BOCC I R (d) Single-Family Residential Dwellings - Two residential dwellings exist on the Property within the Farmstead Area. All appurtenant structures, such as garage and sheds, shall be contained within the "Farmstead Area." No other residential dwelling may be built on the Property. No other residential dwelling may be built on the Property except for that which is authorized in Paragraph 7 (c) of this Conservation Easement. (e) Recreational Improvements - Grantors expressly reserve the right to engage in low impact, non-developed recreational activities requiring no surface alteration of the land and posing no threat to the conservation values set herein such as hunting, fishing, hiking and bird watching, and to control access of all persons for these purposes; provided that these activities do not impact the protection and conservation of any animal habitat or other conservation values of the Property. However, under no circumstances shall golf courses, golf ranges, airstrips or helicopter pads be constructed, placed or permitted to remain on the Property. (fi Utility Services and Septic Systems - Installation, maintenance, repair, replacement, removal and relocation of electric, gas, and water facilities, 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. Grantors shall not permit or grant easements for utility transmission or distribution facilities or systems without the written consent of the Grantee. Maintenance, repair or improvement of a septic system(s) or other 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, is permitted. All other utilities are prohibited on the Property. Cellular communication towers or structures are also prohibited on the Property. 8. Subdivision The Property currently consists of a single tract of land. The subdivision of the Property, including its partition, is prohibited except as may be required by Orange County to enable the construction of the farm support dwelling provided for in Paragraph 7(c). In the event a farm support dwelling is constructed that requires Orange County subdivision approval, the new subdivided lot shall, so long as this Conservation Easement is applicable to the Property, remain in the same ownership as the parent parcel from which the farm support dwelling lot is divided so that if conveyed the tenant housing, farmstead area, and parent parcel remain together as one parcel. This prohibition applies regardless of how many separately described parcels are contained in the Property. In any event, all terms, restrictions, and conditions of this Conservation Easement shall apply to any subdivided parcel permitted by the terms of this Conservation Easement, including but not limited to the requirements of agricultural viability of the Property, the restrictions on future development, the impervious surface limits on the Property as described in Paragraph 7(b) of this Conservation Easement, 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 subdivides, partitions or otherwise divides parcels. Page 7 of 18