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Agenda - 12/11/2008 - 4j
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Agenda - 12/11/2008 - 4j
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Last modified
12/9/2008 3:11:49 PM
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12/9/2008 3:11:47 PM
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BOCC
Date
12/11/2008
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4j
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Minutes - 20081211
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2008
RES-2008-097 Conservation Easement for Future Northeast District Park (former Kirby Property)
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2008
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<br />c. Grantor shall take any and all actions required or recommended by the OSWCD in <br />connection with its ownership and use of the Western Field and the Interior Core. Grantor shall neither <br />take nor allow any action in the Western Field or the Interior Core that violates the OSWCD Guidelines. <br />3. Allowances and Restrictions in the Water Quality Buffer, the Western Water Ouality <br />Envelope and the Eastern Forest Envelope. <br />a. Except as expressly permitted herein in this paragraph 3a, Grantor shall leave the <br />eighty-five (85) foot Water Quality Buffer located in the Envelopes and shown on the Plat ("the Water <br />Quality Buffer") in its natural, undisturbed state, and Grantor shall take no action, including, without <br />limitation, extracting natural resources or depositing trash or other materials, within the Water Quality <br />Buffer. Within six (6) months of the recording of this Conservation Easement, Grantor shall install or <br />caused to be installed fencing to keep grazing animals out of the Water Quality Buffer. Grantor may <br />construct new natural, unpaved trails, benches and informational and educational signs and kiosks within <br />the Water Quality Buffer provided that they are reasonably conducted in a manner reasonably calculated <br />to minimize impact to the Conservation Values of the Envelopes and minimize the adverse impacts to <br />water quality. Grantor may manage the forested areas in the Envelopes for wildlife habitat in accordance <br />with the Forest Management Standards set forth on Exhibit A attached hereto. <br />b. Except as expressly provided herein, Grantor conveys to Grantee all development <br />rights that are now or hereafter allocated to, implied, reserved or inherent in the Envelopes, and the parties <br />agree that such rights are terminated and extinguished, and may not be used on or transferred to any <br />portion of the Envelopes, as they now or hereafter may be bounded or described, or to any other property <br />adjacent or otherwise, nor used for the purpose of calculating permissible lot yield of the Envelopes or <br />any property. Provided, however, the Envelopes may be used for the purpose of calculating impervious <br />surface for use by Grantor of the Western Field and the Interior Core. "Impervious surface" as used in this <br />Conservation Easement shall have the same definition as contained in the Orange County Zoning <br />Ordinance. <br />c. The following activities are permitted within the Envelopes provided they are <br />reasonably conducted in a manner reasonably calculated to minimize impact to the Conservation Values <br />of the Envelopes and minimize the adverse impacts to water quality: <br />i. Construction of new perimeter fences to mark property boundaries; <br />ii. Repair and replacement of existing fences in the Envelopes; and <br />iii. Maintenance, remodeling, reworking, and repair of existing dams, ponds, and <br />utilities in the Envelopes, and in the event of their destruction, the reconstruction of any such existing <br />improvements with another of similar size, function, capacity, location and material. <br />d. The following restrictions shall apply to both the Western Water Quality <br />Envelope and the Eastern Forest Envelope: <br />Industrial and commercial uses are prohibited. <br />KCBC1vL• 252126.5 <br />5 <br />
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