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Agenda - 10-05-2004-6c
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Agenda - 10-05-2004-6c
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Last modified
9/2/2008 2:24:50 AM
Creation date
8/29/2008 10:24:34 AM
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BOCC
Date
10/5/2004
Document Type
Agenda
Agenda Item
6c
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RES-2004-070 Agricultural & Watershed Protection Conservation Easement -William McPherson Farm
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\Board of County Commissioners\Resolutions\2000-2009\2004
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Draft #4 clear: (9/14/04) ~ 6 <br />Conducting customary rural enterprises on any other part of the Property is not permitted without <br />the advance written permission of Grantee in each instance.. Grantee shall not give such <br />permission unless Grantee determines that the proposed use will not diminish or impair the <br />conservation values of the Properly. <br />Procedure to Conch°uct Buildings and Other Impr~~ovements <br />The Grantors' rights to construct or reconstruct buildings and other improvements are <br />described in subparagraphs (a) through (f) below. Any construction or reconstruction not <br />permitted below, or not previously approved by Grantee, is prohibited, Before undertaking any <br />construction or reconstruction that requires advance permission, the Grantors shall notify Grantee <br />and obtain written permission. All construction or reconstruction is subject to Orange County <br />zoning regulations and must be consistent with permits required by and issued by Orange County <br />under its laws and ordinances for such construction activities. <br />(a) Fences -Existing fences may be repaired and replaced, and new fences maybe <br />built on the Property for purposes of7easonable and customary management of livestock and <br />wildlife or to fence off the perimeter of the Property without any further permission of Grantee, <br />(b) Strzzct:a-es & Improvements -Existing structures, including existing agricultural <br />structures and existing improvements, may be repaired, reasonably enlarged and replaced at their <br />current locations within the "Fazmstead Area", as shown on Exhibit B, without further <br />permission from Grantee. New buildings, barns, sheds and other structures and improvements to <br />be used primarily for agricultural purposes, including the processing or sale of fazm products <br />predominantly grown or raised on the Property may be built on the Property without any further <br />permission of Grantee provided they are located in the "Fazmstead Envelope." Structures, <br />improvements and other impervious surfaces located on the Property, including those existing on <br />the date of this Conservation Easement, shall not exceed 2 percent of the total area of the <br />Property, Furthermore, structures, improvements and other impervious surfaces located in the <br />"Farmstead Envelope," including those existing on the date of this Conservation Easement, shall <br />not exceed 12 percent of the total area of the "Farmstead Envelope" or result in exceeding the <br />total impervious surface limit on the Property of'2 percent. Any new buildings, structures or <br />improvements proposed for locations outside the "Farmstead Envelope" may be built only with <br />the advance written permission of Grantee. The parties Grantee shall give such permission <br />within a reasonable time if they determine that the proposed building, structure or improvement <br />would not diminish or impair the conservation values of the Property or otherwise be inconsistent <br />with this Conservation Easement. <br />(c) Single-Family Residential Dwellings -One residential dwelling exists within the <br />"Fazmstead Envelope" on the Property as depicted on Exhibit B, No new residential dwelling <br />may be built on the Property.. All appurtenant structures (garage, sheds) for the existing <br />residential dwelling shall be contained within the "Fazmstead Envelope." <br />(d) Recreational Improvements -Grantors expressly reserve the right to engage in <br />undeveloped, low impact recreational activities such as hunting, fishing, hiking and bird <br />
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