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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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BOCC
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1/16/2024
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Agenda
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8-j
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\Board of County Commissioners\BOCC Agendas\2020's\2024\Agenda - 01-16-2024 Business Meeting
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14 <br /> Grantor and Grantee have identified the area on the Property herein referred to as <br /> "Farmstead Envelope" as more fully described on Exhibit B attached hereto and <br /> incorporated herein, and more particularly described in the Baseline Documentation <br /> Report. <br /> Subject to the terms of this Conservation Easement, in addition to the uses expressly <br /> permitted in Sections 2(A), (B), and (C), Grantor reserves the right to use the Farmstead <br /> Envelope for: <br /> (i) lawful and customary rural enterprises that are carried out in farm or rural <br /> settings, including, by way of illustration, but not limitation: equestrian <br /> facilities; farm machinery repair enterprises; bed and breakfast; events for <br /> weddings, meetings, birthday parties, anniversaries, reunions and similar <br /> events; religious activities such as ceremonies and rituals; heritage tourism <br /> or educational programs; and <br /> (ii) residential purposes, short term residential tenancies, ancillary uses to a <br /> residential structure, and home occupations so long as they are incidental <br /> and subordinate to the use for residential purposes and the home occupation <br /> is otherwise in compliance with applicable federal, state, and local laws, <br /> regulations, and requirements. <br /> Grantor is prohibited from using the Farmstead Envelope for any other purpose without <br /> prior written approval from the Grantee. In requesting any such prior written approval, <br /> Grantor must notify Grantee in writing in accordance with the provisions of Section 9, <br /> including at a minimum, sufficient information to enable Grantee to determine whether the <br /> proposed use is consistent with the terms of this Conservation Easement. Grantor shall <br /> provide Grantee with any additional information requested by Grantee that is necessary or <br /> proper in Grantee's evaluation of Grantor's proposed use. In determining whether to <br /> approve Grantor's proposed use, Grantee shall take into whether the proposed use requires <br /> the expansion of structures within the Farmstead Envelope or the increase of impervious <br /> surface area within the Farmstead Envelope, and shall also take into account the impact of <br /> such use on: (a)the value of the Property as an open space (including the impact of access <br /> roads or related traffic associated with any new improvements located on the Property); (b) <br /> the Property and surrounding area's environment,including but not limited to air and water <br /> quality issues; (c) any threatened or endangered species located in or near the Property; <br /> and(d) such other considerations as the Grantee shall deem proper in order to preserve the <br /> Conservation Values of the Property. Under no circumstances shall Grantee approve any <br /> use that permits the destruction of any"significant conservation interest" as that phrase is <br /> used in Reg. Section 1.170A-14(e)(2), Income tax regs. or otherwise conflict with the <br /> conservation purposes of this Conservation Easement. <br /> The intent of the use allowance set forth within this Section 2(D) within the Farmstead <br /> Envelope is for the purpose of making ownership of the Property economically viable and <br /> possibly creating a revenue stream to maintain the buildings and structures on the Property <br /> in good condition and repair. <br /> 8 <br />
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