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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
Metadata
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Template:
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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2.3 Notify the Grantor of any changes to the Trail, approved improvements or <br /> other modifications that would have the potential to change or alter the nature of the Trail or <br /> conditions in or on or around the Trail. <br /> 2.4 Have access to the Trail to carry out the terms of this Easement including, <br /> security, emergency response, and educational programs. Access to the trail by motor vehicle is <br /> prohibited except for purposes of security, emergency response, and maintenance. <br /> 2.5 Manage and control or eradicate exotic non-native species or invasive <br /> species or plants and animals that threaten the conservation values of the Property. <br /> 3. ADDITIONAL RIGHTS RETAINED BY GRANTOR. Grantor retains the <br /> following additional rights: <br /> 3.1 Existing uses. The right to undertake or continue any activity or use of the <br /> Easement Area not prohibited by this Easement. Prior to making any change in use of the <br /> Easement Area, Grantor shall notify Grantee in writing to allow Grantee a reasonable <br /> opportunity to determine whether such change would violate the teims of this Easement. <br /> 3.2 Transfer. The right to sell, give, mortgage, lease or otherwise convey the <br /> Easement Area subject to the terms of this Easement. The Grantor shall notify the Grantee in <br /> writing at least thirty (30) days prior to the transfer of the Easement Area, and the document of <br /> conveyance shall expressly refer to this Easement agreement. <br /> 3.3 Notwithstanding anything herein to the contrary, the parties acknowledge <br /> and agree that nothing in this conveyance of this Easement to the Grantee shall in any manner <br /> inhibit or restrict the Easement Area to convey,through fee or easement, a corridor across the <br /> Easement Area for construction of a roadway, including, without limitations, any associated <br /> bicycle and pedestrian facilities. Grantor shall be entitled to change the alignment or location of <br /> the Trail and the Easement granted herein to an alternative location reasonably selected by the <br /> Grantor in the event that such a roadway is selected and developed across the Easement Area <br /> 3.4 Grantor retains all responsibilities and shall bear all costs and liability of <br /> any kind related to the ownership, operation, upkeep and maintenance of the Trail, including <br /> maintenance of adequate comprehensive general liability insurance coverage and any associated <br /> Trail amenities such as signs, boardwalks, bridges and any other Trail improvements that will <br /> allow for public enjoyment and understanding of the natural features of the Trail without <br /> impairing or interfering with the conservation values of the Trail. <br /> 3.5 All improvements allowed by this Easement by the Grantee will be subject <br /> to the review and approval by the Grantor. Grantor also has the right to enter upon the Trail for <br /> the quiet and peaceable enjoyment of the Trail and to inspect and review the management and <br /> improvements of the Trail as permitted by this easement by the Grantee. <br /> Page 4 of 8 <br />
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