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2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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2016-694 DEAPR - Warranty Deed of Agricultural Conservation Easement for Vann Bennett and Bernadette Pelissier
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Last modified
12/7/2016 8:17:46 AM
Creation date
12/7/2016 8:14:15 AM
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BOCC
Date
12/5/2016
Meeting Type
Regular Meeting
Document Type
Others
Agenda Item
4a
Document Relationships
Agenda - 12-05-2016 - 4-a - Resolution of Approval – Conservation Easement for Persimmon Hill Farm
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\Board of County Commissioners\BOCC Agendas\2010's\2016\Agenda - 12-05-2016 - Regular Mtg.
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this Deed of Easement constitutes zoning or subdivision approval or the permitting of these <br /> residential dwellings and their appurtenant structures. <br /> (d) Recreational Improvements—Grantors expressly reserve the right to engage in <br /> low impact, non-developed recreational activities requiring no surface alteration of the land and <br /> posing no threat to the Conservation Values set herein such as hunting, fishing,hiking and <br /> camping, and to control access of all persons for these purposes; provided that these activities do <br /> not impact the protection and conservation of any animal habitat or other Conservation Values of <br /> the Property. However, under no circumstances shall golf courses, golf ranges, airstrips or <br /> helicopter pads be constructed,placed or permitted to remain on the Property. Nothing about <br /> Orange County's participation in or the signing of this Deed of Easement constitutes zoning or <br /> the permitting of these recreational improvements and their appurtenant structures. <br /> (e) Utility Services and Septic Systems—Installation, maintenance, repair, <br /> replacement, removal and relocation of electric, gas, and water facilities, septic systems, sewer <br /> lines and/or other public or private utilities, including for solar energy generation and including <br /> telephone or other communication services over or under the Property for the purpose of <br /> providing electrical, gas, water, sewer, or other utilities to serve improvements on the Property <br /> permitted herein, and the right to grant easements over and under the Property for such purposes, <br /> is permitted. Grantors shall not permit or grant easements for utility transmission or distribution <br /> facilities or systems without the written consent of the Grantee. Maintenance, repair or <br /> improvement of a septic system(s) or other underground sanitary system that exists on the <br /> Property at the time of this Conservation Easement, or the construction of a septic or other <br /> underground sanitary system, for the benefit of any of the improvements permitted herein and if <br /> necessary to serve the existing(or replacement)residential or commercial uses located <br /> immediately adjacent to the Property on the property identified as Orange County PIN 9849-68- <br /> 9257, is permitted. All other utilities are prohibited on the Property. Cellular communication <br /> towers or structures are prohibited on the Property. <br /> 8. Subdivision <br /> The Property currently consists of three separate parcels of land identified as Tract 1 and <br /> Tract 2 and Tract 3 on the recorded Plat for this Conservation Easement. Hereafter, the Property <br /> may be recombined and/or subdivided,provided that at no time shall the Property consist of <br /> more than three(3) separate tracts of land. The further subdivision of the Property, the recording <br /> of a subdivision plan, partition,or any other division of the Property into more than three tracts is <br /> prohibited. In any event, all terms, restrictions, and conditions of this Conservation Easement <br /> shall apply to all recombined and/or subdivided parts of the Property including but not limited to <br /> the requirements of agricultural viability of the Property, the restrictions on future development, <br /> the necessity of a Conservation Plan, and the prohibition on activities that are described in this <br /> Conservation Easement. It is understood that notice of this Conservation Easement will be <br /> included in any instrument recorded that recombines, subdivides,partitions or otherwise divides <br /> the Property-. <br /> Page 8 of 18 <br />
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