Agenda - 11-18-2003-8g - Laserfiche WebLink

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8 A. Passive Recreational Use . The Grantor reserves the right to engage and to allow others to engage in passive recreations uses of the Easement Area, requiring no surface alteration of the land and posing no threat to conservation values, including, without limitation, walking, fishing, or animal and plant ob.ervation; and any other purpose consistent with maintaining the conservation values of this Conservation Easement so long as such activity does not interfere with those activities to be enjoyed by the public at large and set forth by the Master Plan, and amendments thereto. B. New Hope Creek Trail ~.nd Trinityy School Trails. The Grantor covenants and agrees that the Grantee, its successors and assigns, shall have the perpetual and assignable right to construct, operate and maintai a paved or unpaved New Hope Creek Trail within the Easement Area as indicated by the Land Use Element of the Orange County Comprehensive Plan, adopted September 2, 1981, ("Master Plan") and amendments thereto. The Parties agree that all trails must be located in ~,ompliance with both the guidelines of the Fund and aforesaid Master Plan. All trails must be l ~cated at a minimum distance of fifteen (15) feet from the top of the bank of New Hope Creel:, unless such locations are physically impracticable, and in a manner that does not materiall} diminish the wooded, open space character, and scenic and natural qualities of the Easemen t Area as existing on the date of this Conservation Easement. In the construction of New Ho~~e Creek Trail, and when required by the terrain, boardwalks, ramps, handrails, and steps are permitted herein. The Grantee may also construct and maintain park benches, litter receptacles, and traiUfeature signs along New Hope Creek Trail. The Grantor reserves the right to construct and maintain trails for the use of students and faculty of the Trinity School. 'I' a trails must be constructed and located in compliance with both the guidelines of the Funck and aforesaid Master Plan and not materially diminish the wooded, open space character, scenic and natural qualities of the Easement Area as existing on the date of this Conservation Easement. C. Natural Community Restoration. The Grantor covenants and agrees that the Grantee shall have the perpetual right to perform all activities necessary to restore the natural plant and animal communities on the Easement Area. Notwithstanding the foregoin€;, the total cleared, and not re-vegetated, pervious and impervious surface areas associated with all aforesaid improvements, including, but not limited to, the greenway and exttinsion trails, shall not exceed ten (10) percent of the total area of the Easement Area. The Grantor and the Grantee shall have the right and duty to maintain the Easement Area in a clean, natural and undisturbed state, consistent the terms of this Conservation Easement and all ;applicable land use regulations, and other applicable laws and ordinances. Furthermore, Grar. for and Grantee have no right to agree to any activity that would result in the termination o f this Conservation Easement. 8