Agenda - 09-15-2009 - 6a - Laserfiche WebLink

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„IIIBI1N~111 23 G. Pedestrian Foot Bridges. Grantor reserves the right to construct, maintain, and gain access to two (2) pedestrian footbridges to be constructed five (5) to ten (10) feet wide in compliance with the AASHTO and with the ADA. Such bridges may be located across the East and West Forks of the Eno River and tributaries thereto, provided such bridges are connected to the greenway trails permitted herein. Notwithstanding the foregoing, all amenities and improvements to be located on the Easement Area must comply with the terms set forth herein and in the aforementioned Grant Agreement. The Grantor shall maintain the Easement Area in a clean, natural and undisturbed state, and shall comply with all applicable land use regulations, and other applicable laws and ordinances, subject to this Conservation Easement. The total cleared, and not re-vegetated, pervious and impervious surface areas associated with all aforesaid improvements, including, but not limited to, the greenway trails, boardwalks, ramps, steps, observation/viewing platforms, pedestrian bridges, shall not ezceed ten percent (10%) of the total area of the Easement Area. Furthermore, the Parties have no right to agree to any activity that would result in the termination of this Conservation Easement. ARTICLE IIL PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Easement Area inconsistent with the purposes of this Conservation Easement is prohibited. The Easement Area shall be maintained in its natural, scenic, wooded and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of this Conservation Easement. Ezcept for those rights specifically reserved to Grantor in Article II and without limiting the generality of the foregoing, the following activities and uses are expressly prohibited or restricted. A. Industrial and Commercial Use. Industrial and commercial activities and any right of passage for such purposes are prohibited on the Easement Area. B. Agricultural, Grazing and Horticultural Use. Agriculture, grazing, horticultural and animal husbandry operations are prohibited on the Easement Area. C. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or removal of trees, or the disturbance of other natural features within the Easement Area except as noted in Article II above and for the following: (1) as incidental to boundary marking, fencing, signage, (2) selective cutting and prescribed burning or clearing of vegetation and the application of mutually approved herbicides and pesticides for fire containment, protection and damage, insect and disease control, storm-related damage, human safety, restoration of hydrology, enhancement of preferred native overstory composition, wetlands enhancement and/or control of non-native plants; subject however to a written plan for same prepared by a registered forester, (3} hunting and fishing pursuant to applicable local, state and federal rules and regulations; and (4) removal of damaged