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ORD-2017-028 Conservation Easement for Center Stream Farm Addition; and Approval of Budget Amendment #3-A
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ORD-2017-028 Conservation Easement for Center Stream Farm Addition; and Approval of Budget Amendment #3-A
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3/13/2019 11:05:07 AM
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2/1/2018 11:50:34 AM
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BOCC
Date
11/20/2017
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
8.d
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Agenda - 11-20-2017 - 8-e - Resolution of Approval – Conservation Easement for Center Stream Farm Addition; and Approval of Budget Amendment #3-A
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\Board of County Commissioners\BOCC Agendas\2010's\2017\Agenda - 11-20-2017 - Regular Mtg.
Minutes 11-20-2017
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\Board of County Commissioners\Minutes - Approved\2010's\2017
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13 <br />Fickle Creek CE Attachment 4 Draft 9/19/2017 <br />improvements shall be for agricultural purposes only and may be built only with the advance <br />written permission of the Grantee. The Grantee shall not give such permission unless they <br />determine that the proposed building, structure or improvement would not diminish or impair the <br />Conservation Values of the Property or otherwise be inconsistent with this Conservation <br />Easement. <br />(c) Single- Family Residential Dwellings — No residential dwellings exist on the <br />Property. One (1), but not more than one, single - family residential dwelling, together with <br />reasonable appurtenant structures, such as garages, sheds, and septic systems may be built on the <br />Property within a one -acre "Residential Envelope" located within the area identified as "Potential <br />Future Home Site Area" on Exhibit A and outside of the stream buffers described in Paragraph 4 <br />of this conservation easement. At the time construction of such dwelling and such appurtenant <br />structures is to commence, Grantee shall be notified of the location of the designated <br />"Residential Envelope" so that its records can be updated. Nothing about Orange County's <br />participation in or the signing of this Deed of Easement constitutes zoning or subdivision <br />approval or the permitting of these residential dwellings and their appurtenant structures. <br />(d) Recreational Improvements — Grantor expressly reserves 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, except the general public shall <br />not be allowed to participate in these activities; provided that these activities do not impact the <br />protection and conservation of any animal habitat or other Conservation Values of the Property. <br />However, under no circumstances shall golf courses, golf ranges, airstrips or helicopter pads be <br />constructed, placed or permitted to remain on the Property. Nothing about Orange County's <br />participation in or the signing of this Deed of Easement constitutes zoning or the permitting of <br />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. Grantor 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 properties identified as Orange County PIN 9827 -91- <br />4605 and 9827 -90 -3609, is permitted. All other utilities are prohibited on the Property. Cellular <br />communication towers or structures are prohibited on the Property. <br />Page 7 of 18 <br />
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