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OTHER-2024-091-Deed of Conservation Easement for Circular Design Construction, LLC
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OTHER-2024-091-Deed of Conservation Easement for Circular Design Construction, LLC
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Last modified
12/31/2024 3:28:58 PM
Creation date
12/31/2024 3:25:55 PM
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BOCC
Date
11/7/2024
Meeting Type
Business
Document Type
Others
Agenda Item
8-g
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Agenda - 11-07-2024; 8-g - Resolution of Approval – Donated Conservation Easement on Property of Circular Design Construction, LLC (Array)
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2024\Agenda - 11-07-2024 Business Meeting
Agenda for November 7, 2024 BOCC Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2024\Agenda - 11-07-2024 Business Meeting
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BK 6866 PG 696 DOC# 30111878 <br /> 121-34 et seq...this Conservation Easement is perpetual;it restricts the Easement Area in perpetuity; <br /> and it is enforceable by Grantee against the Grantor and the Grantor's representatives, heirs, <br /> successors and assigns, lessees, agents, and licensees. <br /> Grantor will not perform,nor knowingly allow others to perform,any act on or affecting the <br /> Easement Area that is inconsistent with the purposes of this Conservation Easement. However, <br /> unless otherwise specified below,nothing in this Conservation Easement shall require the Grantor to <br /> take any action to restore the condition of the Easement Area after any act of God or other event over <br /> which Grantor had no control. Grantor understands that nothing in this Conservation Easement <br /> relieves it of any obligation or restriction on the use of the Easement Area imposed by law. <br /> 2. PROPERTY USES. Any activity on,or use of,the Easement Area inconsistent with <br /> the purposes of this Conservation Easement is prohibited. The Easement Area shall be maintained in <br /> its natural, scenic and open condition and restricted from any development that would impair or <br /> interfere with the conservation values of the Easement Area. Without limiting the generality of the <br /> foregoing,the following is a listing of activities and uses which are expressly prohibited or which are <br /> expressly allowed. Grantor and Grantee have determined that the allowed activities do not impair <br /> the conservation values of the Easement Area. Additional retained rights of Grantor are set forth in <br /> Paragraph 3 below. <br /> 11 Subdivision and Residential Use. All of the Easement Area shall be kept <br /> under the same fee simple ownership. No portion of the Easement Area shall be sold, conveyed, <br /> mortgaged,partitioned or subdivided so as to create the possibility of fee simple ownership of any <br /> portion that would be separate or different from the fee simple ownership of the remainder of the <br /> Grantor's Property. <br /> 2.2 Construction. Grantor shall have the right to construct and maintain a <br /> community garden and gathering area within the Easement Area. Grantor may construct pathways <br /> to serve the community garden and gathering area. Any new construction,not existing at the time of <br /> the execution of this Conservation Easement shall be sited so as to cause minimal disturbance to the <br /> conservation values of the Easement Area. The location and design of new construction shall be <br /> subject to the approval of the Grantee;' Grantee agrees that if the location and design of the new <br /> building meets the above standards its approval shall not be unreasonable withheld. No other <br /> structures may be placed or constructed on the Easement Area. Furthermore, there shall be no <br /> constructing or placing of any recreational court,airplane landing strip,billboard or other advertising <br /> display, utility pole (other than those necessary to service the Easement Area's improvements), <br /> utility tower, conduit or line on or above the Easement Area. Outdoor lighting shall be placed and <br /> shielded so as to minimize the impact on surrounding areas. <br /> 2.3 Existing Improvements. Grantor shall have the right to maintain, remodel, <br /> and repair existing structures,water tanks,water wells,fences,utilities,and other improvements,and <br /> in the event of their destruction, to reconstruct any such existing improvements with another of <br /> similar size,function,capacity,location and material so long as authorized by Orange County zoning <br /> Page 5 of 17 <br />
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