Agenda - 12-05-2016 - 4-a - Resolution of Approval – Conservation Easement for Persimmon Hill Farm

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13 Persimmon Hill Farm Conservation Easement(Bennett/Pelissier) (d) 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 camping, 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. Nothing about Orange County's participation in or the signing of this Deed of Easement constitutes zoning or the permitting of these recreational improvements and their appurtenant structures. (e) Utility Services and Septic Systems Installation, maintenance, repair, replacement, removal and relocation of electric, gas, and water facilities, septic systems, sewer lines and/or other public or private utilities, including for solar energy generation and 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 and if necessary to serve the existing (or replacement)residential or commercial uses located immediately adjacent to the Property on the property identified as Orange County PIN 9849-68- 9257, is permitted. All other utilities are prohibited on the Property. Cellular communication towers or structures are prohibited on the Property. 8. Subdivision The Property currently consists of three separate parcels of land identified as Tract 1 and Tract 2 and Tract 3 on the recorded Plat for this Conservation Easement. Hereafter, the Property may be recombined and/or subdivided,provided that at no time shall the Property consist of more than three (3) separate tracts of land. The further subdivision of the Property, the recording of a subdivision plan,partition, or any other division of the Property into more than three tracts is prohibited. In any event, all terms, restrictions, and conditions of this Conservation Easement shall apply to all recombined and/or subdivided parts of the Property including but not limited to the requirements of agricultural viability of the Property, the restrictions on future development, 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 recombines, subdivides,partitions or otherwise divides the Property. 9. Conservation Practices All agricultural operations on the Property shall be conducted in a manner consistent with the requirements of this Conservation Easement and a Conservation Plan prepared in Page 8 of 18