|
Attachment 4
<br />
<br />Model Conservation Easement Revised
<br />
<br />Page 5 of 21
<br />permitted herein, constructed in a way as to maximize water quality protection, and permitted by all
<br />applicable regulatory authorities. The number and width of stream crossings must be minimized.
<br />New stream crossings and realignments thereof require the prior written approval of Grantee.
<br />
<br />2.3 Timber Harvest. Trees may be removed, cut and otherwise managed to
<br />control insects and disease, to prevent personal injury and property damage, for firewood and other
<br />uses, including construction of permitted improvements and fences on the Property. No additional
<br />timber harvesting shall be allowed.
<br />
<br />2.4 Recreational Use. Consistent with the purpose of and the limitations
<br />contained in this Conservation Easement, Grantor shall have the right to engage in and permit others,
<br />whether or not for consideration, to engage in recreational uses of the Property, including, but not
<br />limited to, hiking, camping, picnicking, horseback riding, non-motorized bicycling, lawful hunting
<br />and fishing, and other recreational uses that require no buildings, facilities, surface alteration or other
<br />development of the land so long as authorized by Orange County zoning regulations and consistent
<br />with permits required by and issued by Orange County under its laws and ordinances. Pursuit of
<br />wildlife by any form of motorized transportation is not allowed. Grantor may also construct and
<br />maintain fences, camp sites, mobile radio repeaters, transmitters or other communication devices,
<br />horse trails, foot trails, and or non-motorized vehicle trails incidental to such purposes, and may
<br />lease or license any portion of the Property for such recreational purposes. Grantor reserves the right
<br />to promulgate and enforce reasonable rules and regulations for all activities incident to recreational
<br />use of the Property, including but not limited to the right to prohibit any recreational use that would
<br />permit destruction of other significant conservation value of the Property.
<br />
<br />2.5 Excavation. There shall be no filling, excavation, dredging, mining or
<br />drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no change in
<br />the topography of the land in any manner except as necessary to allow a) the construction of the
<br />improvements allowed above, b) the maintenance of roads, hiking, horseback and non-motorized
<br />vehicle trails permitted hereunder, and c) erosion or flooding control.
<br />
<br />2.6 Destruction of Plants. Grantor shall have the right to cut and remove a)
<br />diseased trees, shrubs, or other plants; b) non-native or invasive trees, shrubs, or other plants; and c)
<br />to cut firebreaks. Grantor shall also have the right to cut and remove trees, shrubs, or other plants to
<br />accommodate the activities expressly allowed under this Conservation Easement. There shall be no
<br />additional removal, harvesting, destruction or cutting of native trees, shrubs or other plants. Except
<br />for use around improvements or in gardens there shall be no planting of non-native trees, shrubs, or
<br />other plants in the Property. Furthermore, except to accommodate the activities expressly permitted
<br />in this easement, there shall be no use of fertilizers, plowing, introduction of non-native animals, or
<br />disturbance or change in the natural habitat in any manner.
<br />
<br />2.7 Water Quality and Drainage Patterns. There shall be no pollution of surface
<br />water, natural water courses, lakes, ponds, marshes, subsurface water or any other water bodies, nor
<br />shall activities be conducted on the Property that would be detrimental to water purity or, except as
<br />11
|