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Agenda - 01-23-2007-6a
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Agenda - 01-23-2007-6a
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Last modified
9/2/2008 12:18:59 AM
Creation date
8/28/2008 11:13:39 AM
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BOCC
Date
1/23/2007
Document Type
Agenda
Agenda Item
6a
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Minutes - 20070123
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2007
RES-2007-007 Resolution for Acceptance of Conservation Easement Donation Wade & Carolyn Penny
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2007
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Penny Conservation Easement Draft Nov. 27, 2006 BOCC 10 <br />and extinguished, and may not be used on or transmitted to any portion of the Property, as it now <br />or hereafter may be bounded or described, or to any other property. <br />1. PURPOSE. The purposes of this Conservation Easement are to ensure that the <br />Property will be retained forever, predominantly in its natural, forested, and open space <br />condition; to protect native plants and animals, or plant communities on the Property, while <br />allowing certain limited uses on the Property that are compatible with and not destructive of the <br />conservation values of the Property; and to prevent any use of the Property that will significantly <br />impair or interfere with conservation values or interests of the Property. <br />Grantors will not perform, nor knowingly allow others to perform, any act on or affecting <br />the Property that is inconsistent with the purposes of this Conservation Easement. However, <br />unless otherwise specified below, nothing in this Conservation Easement shall require the <br />Grantors to take any action to restore the condition of the Property after any act of God or other <br />event over which Grantors had no control. Grantors understand that nothing in this Conservation <br />Easement relieves them of any obligation or restriction on the use of the Property imposed by <br />law. <br />2. PROPERTY USES. Any activity on, or use of, the Property inconsistent with <br />the purposes of this Conservation Easement is prohibited. The Property shall be maintained in <br />its natural and open condition and restricted from any development that would impair or interfere <br />with the conservation values of the Property. Without limiting the generality of the foregoing, <br />the following is a listing of activities and uses which are expressly prohibited or which are <br />expressly allowed. Grantors and Grantee have determined that the allowed activities do not <br />impair the conservation values of the Property. Additional retained rights of Grantors are set <br />forth in Paragraph 3 below. <br />2.1 Subdivision and Conveyance. The Property may not be divided, <br />subdivided or partitioned, nor conveyed except in its current configuration as an entity. Any <br />future conveyance of the fee simple interest in the Property shall be subject to this Conservation <br />Easement. Grantors agree for themselves, their successors and assigns, that in the event it <br />transfers the Property, such transfer is subject to the Grantee's right of ingress, egress, and <br />regress over and across the Grantors' Property for the purposes set forth herein. <br />2.2 Construction. No structures may be placed or constructed on the Property. <br />Furthermore, there shall be no constructing or placing of any airplane landing strip, billboard or <br />other advertising display, utility pole, utility tower, conduit or line on or above the Property other <br />than those necessary to service the Property's improvements and remaining compatible with the <br />conservations values or interests of the Property. Outdoor lighting shall be placed and shielded <br />so as to minimize the impact on surrounding areas. <br />2.3 Existing Improvements. Grantors shall have the right to maintain, <br />remodel, and repair existing fences, utilities, and other improvements, and in the event of their <br />destruction, to reconstruct any such existing improvements with another of similar size, function,
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