ORD-2011-010 Budget Ordinance Amendment #7-C

Browse Search

W" 2. GRANTEE RIGHTS. To accomplish the purpose of this Trail easement, the following rights and responsibilities are granted to the Grantee by the terms of this Easement. 2.1 Provide the general public free access to and use of the Trail, subject to the laws and ordinances of the Grantee, and for the sole purposes limited to the following: walking, jogging, nature study, biking, picnicking, the riding of non - motorized vehicles, and for the general enjoyment of the natural resources and scenic beauty of the Trail; 2.2 Post any necessary rule, safety and security signs and notices on the Trail reasonably necessary to put the public on notice of such restrictions. 2.3 Notify the Grantor of any changes to the Trail, approved improvements or other modifications that would have the potential to change or alter the nature of the Trail or conditions in or on or around the Trail. 2.4 Have 24 -hour access to the Trail by foot and/or motor vehicle to carry out the terms of this Easement including, security, emergency response, and educational programs. 2.5 Manage and control or eradicate exotic non - native species or invasive species or plants and animals that threaten the conservation values of the Property. 3. GRANTOR'S RIGHTS. Grantor retains the following additional rights: 3.1 Existing uses. The right to undertake or continue any activity or use of the property not prohibited by this Easement. Prior to making any change in use of the property, Grantor shall notify Grantee in writing to allow Grantee a reasonable opportunity to determine whether such change would violate the terms of this Easement. 3.2 Transfer. The right to sell, give, mortgage, lease or otherwise convey the property subject to the terms of this Easement. The Grantor shall notify the Grantee in writing at least thirty (30) days prior to the transfer of the property, and the document of conveyance shall expressly refer to this Easement agreement. 3.3 Notwithstanding anything herein to the contrary, the parties acknowledge and agree that nothing in this conveyance of this Easement to the Grantee shall in any manner inhibit or restrict the Property to convey, through fee or easement, a corridor across the Property for construction of a roadway; including without limitations any associated bicycle and -- - pedestrian facilities. Grantor shall be entitled to change the alignment or location of the Trail and the Easement granted herein to an alternative location reasonably selected by the Grantor in the event that such a roadway is selected and developed across the Property. 3.4 Grantor retains all responsibilities and shall bear all costs and liability of any kind related to the ownership, operation, upkeep and maintenance of the Trail, including maintenance of adequate comprehensive general liability insurance coverage and any associated Trail amenities such as signs, boardwalks, bridges and any other Trail improvements that will Page 4 of 8