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Agenda 11-16-2021; 8-d - Approval of Trail Easement and Conservation Easement Amendment - Carl and Eve Shy Property
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Agenda 11-16-2021; 8-d - Approval of Trail Easement and Conservation Easement Amendment - Carl and Eve Shy Property
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11/11/2021 4:57:30 PM
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11/16/2021
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Business
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Agenda
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8-d
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Minutes 11-16-2021 Virtual Business Meeting
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8 <br /> 2.3. Vegetation Removal. Cutting or clearing of vegetation for insect or disease control, <br /> control of non-native plants, removal of trees that threaten to fall on the Trail Area or on land <br /> outside the boundaries of the Trail Area; Grantors do not assume any responsibility or liability to <br /> the general public for failing to do so. <br /> 2.4. Fencing. Grantors may install fencing, at Grantors' expense, along the perimeter of the <br /> Trail Area, not to exceed five (5) feet in height and constructed of post-and-rail or other open <br /> weave construction that preserves scenic views from the Trail and Amenities. Grantors shall not, <br /> through fencing or any other means, methods, or materials, impede access to or discourage use of <br /> the Trail and Amenities. <br /> 2.5. Transfer. Grantors retain the right to sell, give, mortgage, lease, or otherwise convey the <br /> Trail Area subject to the terms of this Easement. <br /> ARTICLE III. RESERVED RIGHTS OF GRANTEE <br /> Grantors are not responsible for costs associated with construction and maintenance of <br /> the Trail and Amenities or improvements or accessory facilities of the Trail and Amenities. <br /> Grantee reserves for itself and its successors and assigns the following rights: <br /> 3.1. Improvements. Grantee reserves the right to construct a trail as follows: <br /> (a) The Trail shall be constructed of a pervious surface, no more than four(4) feet in trail <br /> width and in accordance with best management practices to minimize soil erosion and <br /> water quality impacts. <br /> (b) The Trail may be covered, if at all,by wood chips, gravel, or other porous surface. <br /> (c) The Trail may include steps and railings and other trail surface structures necessary to <br /> facilitate safe passage. <br /> 3.2. Parking Area Improvements. Grantee reserves the right to construct parking area <br /> improvements consisting of a driveway and parking area for no more than ten (10) cars <br /> located within the area marked as "AREA P" on the Plat recorded in Plat Book , <br /> Page of the Orange County Registry and attached to this easement document as <br /> Exhibit A provided that such construction meets all applicable setback, zoning and <br /> construction regulations. <br /> 3.3. Trail Amenities. Grantee reserves the right to add the following to the Trail Area: <br /> (a) A reasonable number of benches. <br /> (b) Signs to mark the Trail and provide information regarding applicable time, place, and <br /> manner restrictions. <br /> (c) Signs for interpretive purposes and to indicate the interest of Grantee in the Trail <br /> Area. <br /> (d) Fencing, gates and barriers to control access. <br /> (e) Portable toilet, composting toilet system, vault privy system, or similar at or near the <br /> parking area as described herein in section 3.2 <br /> -4- <br />
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