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Agenda - 11-16-2004-6a
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Agenda - 11-16-2004-6a
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Last modified
4/22/2013 4:31:18 PM
Creation date
8/29/2008 10:26:05 AM
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BOCC
Date
11/16/2004
Document Type
Agenda
Agenda Item
6a
Document Relationships
Minutes - 20041116
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2004
RES-2004-081 Approval & Acceptance of Grant-Agricultural Conservation Easement with Ira & Hazel Ward
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2004
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Draft 11 -10 -04 11 <br />and marked as the "Farmstead Area" identified on Exhibit B. At the time that construction of <br />such structure is to commence, Grantee shall be notified so that its records can be updated. <br />(d) Single - Family Residential Dwellings — One residential dwelling exists on the <br />Property within the Farmstead Area. Two residential dwellings exist outside of the "Farmstead <br />Area" on the Property. They are each depicted as "Existing Residence" within the two Existing <br />Residential Envelopes on Exhibit B. All appurtenant structures (garage, sheds) for each existing <br />residential dwelling shall be contained within the respective "Existing Residential Envelope." <br />No new residential dwelling may be built on the Property except for that which is authorized in <br />Paragraph 7 (c) of this Conservation Easement. <br />(e) Recreational Improvements - Gr'antor's expressly reserve the right to engage in low <br />impact recreational activities such as hunting, fishing, hiking and bird watching, and to control <br />access of all persons for these purposes; 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 />constricted, placed or permitted to remain on the Property. <br />(f) Utility Services and Septic Systems -- Installation, maintenance, repair, replacement, <br />removal and relocation of electric, gas, and water facilities, sewer lines and/or other public or <br />private utilities, including telephone or other communication services over or under the Property <br />for the purpose of providing electrical, gas, water, sewer, or other utilities to serve improvements <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, is <br />permitted. All other utilities are prohibited on the Property including, but not limited to, cellular <br />communication towers or structures. <br />8. Subdivision <br />The Property currently consists of four separate tracts. The further subdivision of the <br />Property, including its partition, is prohibited except as may be required by Orange County to <br />enable the construction of the farm support housing provided for' in Paragraph 7(c). This <br />prohibition applies regardless of how many separately described parcels are contained in the legal <br />description attached as Exhibit A. In any event, all terms, restrictions, and conditions of this <br />Conservation Easement shall apply to any subdivided parcel pennitted by the terms of this <br />Conservation Easement, including but not limited to the requirements of agricultural viability of <br />the Property, the restrictions on future development, the impervious surface limits on the <br />Property as described in Paragraph 7(b) of this Conservation Easement, the necessity of a <br />Conservation Plan, and the prohibition on activities that are described in this Conservation <br />Easement. It is understood that notice of this Conservation Easement will be included in any <br />instrument recorded that subdivides, partitions or otherwise divides parcels. <br />
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