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OTHER-2021-056-Amendment to Conservation Easement
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OTHER-2021-056-Amendment to Conservation Easement
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Last modified
11/17/2021 11:11:10 AM
Creation date
11/17/2021 11:09:16 AM
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BOCC
Date
11/16/2021
Meeting Type
Business
Document Type
Others
Agenda Item
8-d
Document Relationships
Agenda - 11-16-2021 Virtual Business Meeting
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2021
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i <br /> c <br /> k <br /> l . Subparagraph 2 . 2 of Paragraph 2 is deleted in its entirety and replaced with the <br /> following : <br /> 2 . 2 Construction . Grantors shall have the right to construct and maintain two , <br /> and only two , permanent residences within the Easement Area . The first residence <br /> currently exists on the 14 . 32 - acre Lot 1 -A . The second residence is being constructed on <br /> Lot 2 and within a Residential Envelope identified on Exhibit B . Grantors may construct <br /> driveways , utilities , wells , and accessory structures whose use is incidental to and serves <br /> the two residences . Grantors may also construct driveways to provide access to Castell <br /> Lane from other parts of Lot IA or Lot 1B . Grantors may also construct outbuildings and <br /> improvements for agricultural , horticultural, educational , artistic or recreational purposes <br /> or for their own home-based small business , so long as authorized by Orange County <br /> zoning regulations , consistent with permits required by and issued by Orange County <br /> under its laws and ordinances for such buildings and land uses , and have advanced <br /> written permission of the Grantee . Grantee may construct a trail, parking area, and <br /> accessory structures for the NC Mountains -to - Sea Trail within the Easement Area . <br /> Furthermore , there shall be no constructing or placing of any airplane landing strip , <br /> i <br /> billboard or other advertising display, utility pole, utility tower, conduit or line on or <br /> above the Easement Area other than those necessary to service the Easement Area' s <br /> improvements and remaining compatible with the conservations values or interests of the <br /> Easement Area . Outdoor lighting shall be laced and shielded so as to minimize the <br /> g g p i <br /> impact on surrounding areas . <br /> 2 . A new subparagraph 4 (e) of Paragraph 4 is added to read as follows : <br /> (e) Right to Construct and Maintain Trails . The right, but not the obligation, to <br /> construct a trail, parking area, and accessory structures within the Easement Area, <br /> 3 . Continued Force and Effect . The parties confirm the Conservation Easement as <br /> amended by this Conservation Easement Amendment and acknowledge and agree , as amended <br /> by this amendment, the Conservation Easement is binding and remains in full force and effect . <br /> TO HAVE AND TO HOLD this Conservation Easement Amendment unto Grantee, its <br /> successors and assigns , forever . <br /> [The remainder of this page is intentionally left blank. Signature page follows . ] <br /> Page 2 of 4 <br />
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