Agenda - 12-14-2004-6a - Laserfiche WebLink

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BOCC Draft 11-22-04 18 Residential Envelopes" to be determined in the future by mutual written agreement of the Grantor and Grantee, The parties Grantee shall give their consent within a reasonable time if they determine that the proposed residential lot would not diminish or impair the conservation values of the Property or otherwise be inconsistent with this Conservation Easement. The land or which these existing and new residential dwelling are or may be located may be subdivided from the Property, subject to all applicable Orange County zoning, subdivision and building code regulations. Nothing about Orange County's participation in or the signing of this Deed of Conservation Easement constitutes approval of the subdivision of the Property or of the permitting of these residential dwellings. All appurtenant structures (garage, sheds) for each existing and new residential dwelling shall be contained within the building envelope of the related existing and new residential dwelling. (d) Recreational hnprovenients — Grantors expressly reserve the right to engage in undeveloped, low impact recreational activities such as hunting, fishing, hiking and bird watching and to control access of all persons for these purposes; provided that these activities do not impact the protection and conservation of any animal habitat or other conservation values of the Property. However, under no circumstances shall golf courses, golf ranges, airstrips or helicopter pads be constructed, placed or permitted to remain on the Property. (e) Utility Services and Septic Systems — Installation, maintenance, repair, replacement, removal and relocation of electric, gas, and water facilities, sewer lines and/or other public or private utilities, including telephone or other communication services over or under the Property for the purpose of'providing electrical, gas, water, sewer, or other utilities to serve improvements permitted herein, and the right to grant easements over and under the Property for such purposes, is permitted. Grantors shall not permit or, grant easements for utility transmission or distribution facilities or systems without the written consent of the parties Grantee. Maintenance, repair or improvement of a septic system(s) or other underground sanitary system that exists on the Property at the time of this Conservation Easement, or the construction of a septic or other underground sanitary system, for the benefit of any of the improvements permitted herein, is permitted. 8. Subdivision The Property currently consists of two tracts. The further subdivision of the Property, including its partition, is prohibited except as provided for in Par'agr'aph 7(c). This prohibition applies regardless of how many separately described parcels are contained in the legal description attached as Exhibit A. In any event, all terms, restrictions, and conditions of this Conservation Easement shall apply to any subdivided parcel permitted by the terms of this Conservation Easement, including but not limited to the requirements of agricultural viability of the Property, the restrictions on future development, the impervious surface limits on the Property as described in Paragraph 7(b) of this Conservation Easement, the necessity of a Conservation Plan, and the prohibition on activities that are described in this Conservation Easement. It is understood that notice of this Conservation Easement will be included in any instrument recorded that subdivides, partitions or otherwise divides parcels.