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Agenda - 05-01-2018 8-j - Resolutions of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C
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Agenda - 05-01-2018 8-j - Resolutions of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C
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BOCC
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5/1/2018
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8-j
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Agenda - 05-01-2018 Regular Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2018\Agenda - 05-01-2018 Regular Meeting
Minutes 05-01-2018
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\Board of County Commissioners\Minutes - Approved\2010's\2018
ORD-2018-016 Resolution of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2018
RES-2018-031 Resolution of approval of conservation easement - Iski
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\Board of County Commissioners\Resolutions\2010-2019\2018
RES-2018-032 Resolution of approval of conservation easement - Hobgood
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\Board of County Commissioners\Resolutions\2010-2019\2018
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Page 5 of 18 <br />nature or other event over which Grantor had no control. Grantor understands that nothing in <br />this Conservation Easement relieves it of any obligation or restriction on the use of the <br />Easement Area imposed by law. <br /> <br />2. PROPERTY USES. Any activity on, or use of, the Easement Area inconsistent with <br />the purposes of this Conservation Easement is prohibited. The Easement Area shall be <br />maintained in its natural and open condition and restricted from any development that would <br />impair or interfere with the conservation values of the Easement Area. Without limiting the <br />generality of the foregoing, the following is a listing of activities and uses which are expressly <br />prohibited or which are expressly allowed. Grantor and Grantee have determined that the <br />allowed activities do not impair the conservation values of the Easement Area. Additional <br />retained rights of Grantor are set forth in Paragraph 3 below. <br /> <br />2.1 Subdivision and Conveyance. The Easement Area consists of two tax <br />parcels which are described in Exhibit A. The Easement Area may not be further divided, <br />subdivided or partitioned to establish additional parcels. Any future conveyance of the fee <br />simple interest in the Easement Area shall be subject to this Conservation Easement. Grantor <br />agrees for itself, its successors and assigns, that in the event it transfers the Easement Area, <br />such transfer is subject to the Grantee’s right of ingress, egress, and regress over and across the <br />Easement Area for the purposes set forth herein. <br /> <br />2.2 Construction. The Grantor’s rights to construct or reconstruct buildings <br />and other improvements are described in subparagraphs (a) through (d) below. Any <br />construction or reconstruction not permitted below is prohibited. Before undertaking any <br />construction or reconstruction that requires advance permission, the Grantor shall notify <br />Grantee and obtain written permission. All construction or reconstruction is subject to Orange <br />County zoning regulations and must be consistent with permits required by and issued by <br />Orange County under its laws and ordinances for such construction activities. <br /> <br />(a) Fences – Existing fences may be repaired and replaced, and new fences <br />may be built on the Property to identify property boundaries without any <br />further permission of Grantee. <br /> <br />(b) Existing Structures & Improvements – The remains of a former residential <br />structure and outbuilding exist in a location identified as “AREA A” on <br />that Plat recorded in Plat Book _______, Page _______ of the Orange <br />County Registry and attached to this easement document as Exhibit C. <br />Existing structures and improvements may be repaired and replaced <br />within “AREA A” and new buildings located within “AREA A” may be <br />constructed without further permission from the Grantee provided that <br />such construction meets all applicable setback, zoning and construction <br />regulations. <br /> <br />17
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