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Agenda 01-16-24; 8-j - Resolution of Approval – Terry Road Farm, LLC Conservation Easement
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Agenda 01-16-24; 8-j - Resolution of Approval – Terry Road Farm, LLC Conservation Easement
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1/16/2024
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8-j
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Agenda for January 16, 2024 BOCC Meeting
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19 <br /> heat pump; wind energy devices; and other renewable energy systems that are not <br /> prohibited by governmental regulations); but does not include cellular or wireless <br /> communication towers. Cellular and wireless communication towers, and similar <br /> commercial towers and antenna, are prohibited on the Property. <br /> (vi) Notice to Grantee — Grantor is prohibited from proceeding with any site <br /> preparation,construction,substantial exterior alteration,replacement,relocation,or <br /> removal of any structure, building, improvement, or Utility described in Section <br /> 2(C) of this Conservation Easement without prior written approval from the <br /> Grantee. In requesting any such prior written approval, Grantor must notify <br /> Grantee in writing in accordance with the provisions of Section 9, including at a <br /> minimum, sufficient information to enable Grantee to determine whether the <br /> proposed plans are consistent with the terms of this Conservation Easement. <br /> Grantor shall provide Grantee with any additional information requested by <br /> Grantee that is necessary or proper in Grantee's evaluation of Grantor's proposed <br /> site preparation, construction, substantial exterior alteration, replacement, <br /> relocation, or removal of any structure described herein. In determining whether <br /> to approve Grantor's proposed site preparation, construction, substantial exterior <br /> alteration, replacement, relocation, or removal of any structure described herein, <br /> Grantee shall take into account the impact of such site preparation, construction, <br /> substantial exterior alteration, replacement, relocation, or removal of any structure <br /> described herein on: (a) the value of the Property as an open space (including the <br /> impact of access roads or related traffic associated with any new improvements <br /> located on the Property); (b) the Property and surrounding area's environment, <br /> including but not limited to air and water quality issues; (c) any threatened or <br /> endangered species located in or near the Property; and (d) such other <br /> considerations as the Grantee shall deem proper in order to preserve the <br /> Conservation Values of the Property. Under no circumstances shall Grantee <br /> approve any site preparation, construction, substantial exterior alteration, <br /> replacement, relocation, or removal of any structure described herein that permits <br /> the destruction of any "significant conservation interest" as that phrase is used in <br /> Reg. Section 1.170A-14(e)(2), Income tax regs. or otherwise conflict with the <br /> conservation purposes of this Conservation Easement. <br /> In all instances where Grantor is required to provide notice of a proposed activity <br /> on the Property, including but not limited to those where Grantor is requesting an <br /> approval or consent from Grantee, then TLC (not the County) shall be the notice <br /> party and TLC shall have the authority to grant or deny such request. <br /> Notwithstanding the foregoing,if the County notifies TLC and Grantor that County <br /> is exercising its rights to enforce the terms of this Conservation Easement, then <br /> after that notice, Grantor shall be required to notify the County and TLC in all <br /> instances where Grantor is required to give notice of a proposed activity on the <br /> Property, including without limitation those where Grantor is requesting an <br /> approval or a consent, and Grantor shall be required to obtain the approval or <br /> consent of both the County and TLC. <br /> 13 <br />
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