Agenda - 06-23-2004-9b - Laserfiche WebLink

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Draft 19 the generality of the foregoing, the following is a listing of activities and uses which are expressly prohibited or which are expressly allowed. Grantor and Grantee have determined that the allowed activities do not impair the conservation values of the Easement Area. Additional retained rights of Grantor are set forth in Paragraph .3 below, 2.1 Subdivision. The Property may not be divided, subdivided or partitioned, nor conveyed except in its current configuration as an entity. 2.2 Construction. Grantor shall have the right to construct and maintain paved or unpaved trails, for pedestrian or bicycle use only, within the Easement Area as long as the trails are no more than 10 feet wide and are constructed and located in compliance with both the guidelines of the state Clean Water Management Trust Fund, the federal Land and Water Conservation Fund and with the Site Plan provided as Exhibit B. The trails may include wooden steps or bridges where they are required by the terrain. New trails shall be located a minimum of fifteen (15) feet from the top of the bank of Bolin Creek and away from it and its tributaries, and should be sited so as to not cause disturbance to the conservation values of the Easement Area. Grantor has the right to construct or install picnic tables, benches, kiosks and interpretive signs within the Easement Area. No other structures may be placed or constructed in the Easement Area.. Furthermore, there shall be no constructing or placing of any outdoor lighting, utility pole, utility tower, conduit or line on or above the Easement Area. 2..3 Maintaining Improvements. Grantor shall have the right to maintain, remodel, and repair permitted improvements, and in the event of their destruction, to reconstruct any permitted improvement with another of similar size, function, capacity, location and material. 2.4 Agricultural Use. Agricultural uses on the Easement Area are prohibited. 2.5 Timber Harvest. Commercial timbering of trees within the Easement Area is prohibited. Trees may be removed, cut and otherwise managed to control insects and disease, to prevent personal injury and property damage, and for firewood and construction of permitted improvements in the Easement Area and fences that maybe located on the Easement Area. Cutting, removal or harvesting of trees except as expressly allowed in this Section 2.5 shall be permitted only with the written permission of the governing board of Grantee and then only in accordance with a Forest Management Plan which shall be in writing and approved by both Grantor and Grantee and provided further that all timber roads shall be constructed of permeable materials and shall be no wider than eight (8) feet. 2.6 Grazin . Grarrtor shall not graze or pasture domestic animals on the Easement Area for any purposes.