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S Warranty Deed of Conservation Easement between Orange County and Mark Volpe and Lori Anne Volpe
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S Warranty Deed of Conservation Easement between Orange County and Mark Volpe and Lori Anne Volpe
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Last modified
9/4/2015 3:59:52 PM
Creation date
4/1/2015 11:59:19 AM
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BOCC
Date
12/14/2010
Meeting Type
Work Session
Document Type
Easements
Agenda Item
4f
Document Relationships
Agenda - 12-14-2010 - 4f
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2010\Agenda - 12-14-2010 - Regular Mtg.
RES-2010-096 Resolution for Purchase of a Conservation Easement – Mark and Lori Volpe; and Approval of Budget Amendment # 5-A - 12-14-2010-4f
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2010
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II�I�N61191AYIIVI� RS5083 177 e/19 <br />prohibit use of the Easement Area for recreational, educational and scientific purposes, as long as <br />such activities are undertaken on a noncommercial basis. <br />2.15 Development Rights. Grantors convey to Grantee all development rights <br />that are now or hereafter allocated to, implied, reserved or inherent in the Easement Area, and <br />the parties agree that such rights are terminated and extinguished, and may not be used on or <br />transmitted to any portion of the Easement Area, as it now or hereafter may be bounded or <br />described, or to any other property. <br />3. ADDITIONAL RIGHTS RETAINED BY GRANTOR. Grantors retain the <br />following additional rights: <br />(a) Existing Uses. The right to undertake or continue any activity or use of the <br />Easement Area not prohibited by this Conservation Easement. Prior to making any change in <br />use of the Easement Area, Grantor shall notify Grantee in writing to allow Grantee a reasonable <br />opportunity to determine whether such change would violate the terms of this Conservation <br />Easement. This determination by Grantee shall be made in writing. <br />(b) Transfer. The right to sell, give, mortgage, lease, or otherwise convey the <br />Easement Area is subject to the terms of this Conservation Easement. <br />4. GRANTEE'S RIGHTS AND RESPONSIBILITIES. To accomplish the <br />purposes of this Conservation Easement, the following rights are granted to Grantee and the <br />following responsibilities are reserved to Grantee by this Conservation Easement: <br />(a) _Right to Protect. The right to preserve and protect the conservation values of the <br />Easement Area and enforce the terms of this Conservation Easement. <br />(b) Right of Entry. Grantee, its employees, representatives, and agents and its <br />successors and assigns, have the right, after reasonable advance notice to Grantors <br />or with Grantor's prior verbal consent, to enter the Easement Area for the <br />purposes of: (a) inspecting the Easement Area to determine whether the Grantors, <br />their representatives, assigns, heirs and successors are complying with the <br />covenants and purposes of this Conservation Easement; and (b) monitoring and <br />research as described below. <br />(c) Monitoring and Research. The right, but not the obligation, to monitor the native <br />plant and wildlife populations, plant communities and natural habitats on the <br />Easement Area. Grantee agrees that all monitoring activity, inventory and <br />assessment work or other natural resource research conducted by Grantee or at <br />Grantee's direction or with Grantee's permission shall be reported to Grantors. <br />Grantor agrees that all monitoring activity, inventory and assessment work or <br />other natural resource research conducted by Grantor or at Grantors' direction or <br />with Grantors' permission shall be reported to Grantee. <br />Page 8 of 15 <br />
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