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2017-602 DEAPR - Brumley Forest Trail Easement
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2017-602 DEAPR - Brumley Forest Trail Easement
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Last modified
7/3/2018 2:54:43 PM
Creation date
10/31/2017 9:17:44 AM
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Contract
Date
10/30/2017
Contract Starting Date
10/30/2017
Contract Document Type
Agreement
Agenda Item
3/3/11
Document Relationships
Agenda - 03-03-2011 - 4e
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\Board of County Commissioners\BOCC Agendas\2010's\2011\Agenda - 03-03-2011
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and general welfare of its people... it is hereby declared to be the policy of the legislature to <br /> provide for the conservation of the soil and resources of this State." <br /> NOW, THEREFORE, Grantor, for and consideration of the facts recited above and of the <br /> mutual covenants,terms, conditions and restrictions contained herein, hereby give, grant and <br /> convey unto the Grantee, its successors and assigns, forever and in perpetuity for the benefit of <br /> the people of Orange County, a Public Trail Easement over the Property of the nature and <br /> character as follows: <br /> 1. EASEMENT AREA USES. Any activity on, or use of the Easement Area <br /> inconsistent with the purposes of this Easement is prohibited. The Easement Area shall be <br /> maintained in its natural, scenic and open condition and restricted from any development that <br /> would significantly impair or interfere with the conservation values of the Easement Area. <br /> Without limiting the generality of the foregoing, the following is a listing of activities and uses <br /> that are expressly allowed or are expressly prohibited. Grantor and Grantee have determined that <br /> the allowed activities do not impair the conservation values of the Property and are expressly the <br /> right of only the Grantor and Grantee. <br /> 1.1 Construction. Grantor and Grantee shall have the right, but not the <br /> obligation,to construct and maintain a pedestrian trail (the Trail) within the Easement Area <br /> described in Exhibit B and identified on Exhibit D. The Trail shall be no more than 10 feet wide <br /> and shall be sited so as to cause minimal disturbance to the conservation values of the Property. <br /> No other structures may be placed or constructed on the Easement except as provided in <br /> Paragraphs 1.2 and 1.3. <br /> 1.2 Improvements. Grantors shall have the right to maintain, remodel, <br /> construct and repair fences, roads, gates, water tanks, water wells, and utilities, and in the event <br /> of their destruction, to reconstruct such improvements, so long as authorized by Orange County <br /> zoning regulations and consistent with permits required by and issued by Orange County under <br /> its laws and ordinances for such reconstruction. <br /> 1.3 Signage. Grantor and Grantee shall have the right, but not the obligation, <br /> to construct and maintain signs to give direction,to advertise or regulate permitted uses on the <br /> Easement Area, and to prescribe rules and regulations for recreational use of the Easement Area. <br /> 2. GRANTEE RIGHTS. To accomplish the purpose of this Easement,the <br /> following rights and responsibilities are granted to the Grantee by the terms of this Easement. <br /> 2.1 Provide the general public free access to and use of the Trail, subject to <br /> the rules and regulations of the Grantor and Grantee, and for the sole purposes limited to the <br /> following: walking,jogging, nature study, and for the general enjoyment of the natural resources <br /> and scenic beauty of the Trail; <br /> 2.2 Post any necessary rule, safety and security signs and notices on the Trail <br /> reasonably necessary to put the public on notice of such restrictions. <br /> Page 3 of 8 <br />
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