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2002 S ERCD - Deed of Agricultural Conservation Easement between OC and The Wizard's Cauldron, LTD
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2002 S ERCD - Deed of Agricultural Conservation Easement between OC and The Wizard's Cauldron, LTD
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11/16/2017 2:59:30 PM
Creation date
11/16/2017 2:59:08 PM
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BOCC
Date
5/21/2002
Meeting Type
Regular Meeting
Document Type
Easements
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BooK2605 PACE 425 <br /> The land application storage and placement on the Property of domestic septic effluent <br /> and municipal, commercial or industrial sewage sludge or liquid generated from such sources for <br /> agricultural purposes may be undertaken only with the written permission of Grantee and only if <br /> in accordance with all applicable federal, state and local laws and regulations. <br /> 10. Forest Management <br /> Trees may be removed, cut and otherwise managed to control insects and disease,to <br /> prevent personal injury and property damage, for firewood and other uses, including construction <br /> of permitted improvements and fences on the Property .Any other cutting, removal or harvesting <br /> of trees may be undertaken only if the purpose is for clearing land for cultivation or use by <br /> livestock, and it is in accordance with either the conservation plan referenced in Paragraph 9 <br /> herein or a forest management plan prepared by a professional forester. <br /> 11.Mining <br /> The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel or any other <br /> mineral substance, using any method that disturbs the surface of the land, is prohibited without <br /> the advance written permission of the Grantee. The Grantee shall not give such permission, unless <br /> the Grantee determines that the proposed mining or extraction will not substantially diminish or <br /> impair the conservation values of the Property. Notwithstanding, any other provision of this <br /> Easement, no more of the Property maybe disturbed by mining or other extractive activities as <br /> may be reasonably necessary and incidental to carrying out the improvements and agricultural <br /> uses permitted on the property by this Easement. Such activities are permitted only to the extent <br /> they are consistent with Internal Revenue Code Sections 170(h)(5) and (6) and Treasury <br /> Regulation Section 1.1 70A-14(g)(4) and State law and Orange County zoning, erosion control <br /> and other applicable regulations. <br /> 12. Paving and Road Construction <br /> Subject to regulations for impervious surface restrictions, construction and maintenance <br /> of unpaved farm roads that may be reasonably necessary and incidental to carrying out the <br /> improvements and uses permitted on the Property by this Easement are permitted. No portion of <br /> the Property shall be paved or otherwise covered with concrete, asphalt, or any other impervious <br /> paving material, without the advance written permission of the Grantee. The Grantee shall not <br /> give such permission unless the Grantee determines that the proposed paving, or covering of the <br /> soil, or the location of any such road, will not substantially diminish or impair the conservation <br /> values of the Property. <br /> 13. Dumping and Trash <br /> No trash, refuse, vehicle bodies or parts, rubbish, debris,junk, waste, radioactive or <br /> hazardous waste, shall be placed, stored, dumped, buried or permitted to remain on the Property, <br /> except as reasonably required for the use of the Property for agricultural activities, and except as <br /> in accordance with applicable local, state and federal laws and regulations. The storage of <br /> agricultural products, byproducts and agricultural equipment on the Property, so long as such <br /> storage is done in accordance with all applicable government laws and regulations, is permitted. <br />
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