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

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limitation, walking, fishing, or animal and plant observation; 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 and Extension Trail. The Grantor covenants and agrees that the Grantee, its successors and assigns, shall have the perpetual and assignable right to construct, operate and maintain 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 compliance with both the guidelines of the Fund and aforesaid Master Plan. The New Hope Creek Trail must be located at a minimum distance of fifteen (15) feet fiom the top of the bank of New Hope Creek, located at a maximum distance of fifty (50) feet from the top of the bank of New Hope Creek, run parallel with the top of the bank of New Hope Creek, and the trail will be no wider than ten (10) feet, unless such locations are physically impracticable, and in a manner that does not materially diminish the wooded, open space character, and scenic and natural qualities of the Easement Area as existing on the date of this Conservation Easement. In the construction of New Hope Creek, 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 trail/feature signs along New Hope Creek Trail. The Grantor reserves the right to construct and maintain an extension trail for accessing New Hope Creek Trail from the Property located outside of the Easement Area. The extension trail must be constructed and located in compliance with both the guidelines of the Fund and aforesaid Master Plan and does 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 the perpetual right to perform all activities necessary to restore the natural plant and animal communities on the Easement Area. Notwithstanding the foregoing, the total cleared, and not re- vegetated, pervious and impervious surface areas associated with all aforesaid improvements, including, but not limited to, the greenway trail, 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, Grantor and Grantee have no right to agree to any activity that would result in the termination of this Conservation Easement. ARTICLE III. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Easement Area inconsistent with the purposes of this Conservation Easement is prohibited. The Easement Area shall be maintained in its natural, scenic, wooded and open condition and restricted from any development or use that would 91