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11 <br />2. PROPERTY USES. Any activity on, or use of, the Easement Area inconsistent <br />with the purposes of this Conservation Easement is prohibited. The Easement Area shall be <br />maintained in its natural and open condition and restricted from any development that would <br />impair or interfere with the conservation values of the Easement Area. Without limiting the <br />generality of the foregoing, the following is a listing of activities and uses which are expressly <br />prohibited or which are expressly allowed. Grantors and Grantee have determined that the <br />allowed activities do not impair the conservation values of the Easement Area. Additional <br />retained rights of Grantors are set forth in Paragraph 3 below. <br />2.1 Subdivision and Conveyance. The Easement Area is a portion of a single <br />tax parcel (herein "parcel "), which is described in Exhibit A. The Easement Area may not be <br />further divided, subdivided or partitioned to establish additional parcels. Any future conveyance <br />of the fee simple interest in the Easement Area shall be subject to this Conservation Easement. <br />Grantors agree for themselves, their successors and assigns, that in the event they transfer the <br />Easement Area, such transfer is subject to the Grantee's right of ingress, egress, and regress over <br />and across the Easement Area for the purposes set forth herein. <br />2.2 Construction. No permanent structures exist on the Easement Area at the <br />time of this Conservation Easement. The Grantors' reserve the right to construct or reconstruct <br />new structures and other improvements described in subparagraphs (a) through (c) below. Any <br />construction or reconstruction not permitted below is prohibited. Before undertaking any <br />construction or reconstruction that requires advance permission, Grantor shall notify Grantee and <br />obtain written permission from the Orange County Department of Environment, Agriculture, <br />Parks and Recreation or a successor department. All construction or reconstruction is subject to <br />Orange County zoning regulations and must be consistent with permits required by and issued by <br />Orange County under its laws and ordinances for such construction activities. <br />(a) Fences — Fences may be built on the Easement Area to identify property <br />boundaries and thereafter repaired and replaced without any further <br />permission of Grantee. <br />(b) New Structures and Improvements — Grantors have the right to construct <br />one (1) gazebo with a footprint containing no more than 100 square feet as <br />well as no more than two (2) benches within the Easement Area. No other <br />structures may be placed or constructed on the Easement Area, nor shall <br />there be construction or placing of any outdoor lighting, utility pole, utility <br />tower, conduit or line on or above the Easement Area. <br />(c) Pedestrian Trails — Pedestrian trails may be constructed as long as such <br />trails be of a natural surface, not be more than six (6) feet wide, and <br />located at a minimum distance of thirty (30) feet from the top of the bank <br />of Haley Creek. <br />Page 5 of 15 <br />