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Agenda - 12-06-2004-6c
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Agenda - 12-06-2004-6c
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Last modified
9/1/2008 10:28:43 PM
Creation date
8/29/2008 10:26:45 AM
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BOCC
Date
12/6/2004
Document Type
Agenda
Agenda Item
6c
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Minutes - 20041206
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\Board of County Commissioners\Minutes - Approved\2000's\2004
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BOCCDraft 11-11-04 18 <br />Residential Envelopes" to be determined in the future by mutual written agreement of tare <br />Grantor and Grantee. The parties Grantee shall give their consent within a reasonable time if <br />they determine that the proposed residential lot would not diminish or impair the conservation <br />values of the Property or otherwise be inconsistent with this Conservation Easement. The land on <br />which these existing and new residential dwelling are or may be located maybe subdivided fiom <br />the Property, subject to all applicable Orange County zoning, subdivision and building code <br />regulations, Nothing about Orange County's participation in or the signing of this Deed of <br />Conservation Easement constitutes approval of the subdivision of the Property or of the <br />permitting of these residential dwellings. All appurtenant structures (garage, sheds) for each <br />existing and new residential dwelling shall be contained within the building envelope of the <br />related existing and new residential dwelling,. <br />(d) Recreational In:proven:ents -Grantors expressly reserve the right to engage in <br />undeveloped, low impact recreational activities such as hunting, fishing, hiking and bird <br />watching and to control access of all persons for these purposes; provided that these activities do <br />not impact the protection and conservation of any animal habitat or other conservation values of <br />the Property. However, under no circumstances shall golf courses, golf ranges, airstrips or <br />helicopter pads be constructed, placed or permitted to remain on the Property. <br />(e) Utility Services mtd Septic Systems -Installation, maintenance, repair, <br />replacement, removal and relocation of electric, gas, and water facilities, sewer lines and/or other <br />public or private utilities, including telephone or other communication services over or under the <br />Property for the purpose of providing electrical, gas, water, sewer, or' other utilities to serve <br />improvements permitted herein, and the right to grant easements over and under the Property for <br />such purposes, is permitted. Grantors shall not permit or grant easements for utility transmission <br />or distribution facilities or systems without the written consent of the parties Grantee.. <br />Maintenance, repair or improvement of a septic system(s) or other underground sanitary system <br />that exists on the Property at the time of this Conservation Easement, or the construction of a <br />septic or other underground sanitary system, for the benefit of any of the improvements permitted <br />herein, is permitted.. <br />8, Subdivision <br />The Property currently consists of two tracts, The further subdivision of tare Property, <br />including its partition, is prohibited except as provided for in Paragraph 7(c). This prohibition <br />applies regardless of how many separately described parcels are contained in the legal description <br />attached as Exhibit A. In any event, all terms, restrictions, and conditions of this Conservation <br />Easement shall apply to any subdivided parcel permitted by the terms of this Conservation <br />Easement, including but not limited to the requirements of agricultural viability of the Property, <br />the restrictions on future development, the impervious surface limits on the Property as described <br />in Paragraph 7(b) of this Conservation Easement, the necessity of a Conservation Plan, and the <br />prohibition on activities that are described in this Conservation Easemett. It is understood that <br />notice of this Conservation Easement will be included in any instrument recorded that <br />subdivides, partitions or otherwise divides parcels. <br />
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