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OTHER-2021-055-Deed of Trail Easement
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OTHER-2021-055-Deed of Trail Easement
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Last modified
11/17/2021 11:10:24 AM
Creation date
11/17/2021 11:08:32 AM
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BOCC
Date
11/16/2021
Meeting Type
Business
Document Type
Others
Agenda Item
8-d
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Agenda - 11-16-2021 Virtual Business Meeting
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2021
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6) <br /> L+' <br /> Pr <br /> 6 <br /> 2 . 3 . Vegetation Removal . Cutting or clearing of vegetation for insect or disease control , L <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 /> 1% <br /> the general public for failing to do so . <br /> F <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 . 1 <br /> ARTICLE III . RESERVED RIGHTS OF GRANTEE a <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 /> L <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 /> i <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 /> 4a <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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