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Agenda 12-14-21; 8-e - Approval of Trail Easement – Edward Johnson Property
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Agenda 12-14-21; 8-e - Approval of Trail Easement – Edward Johnson Property
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12/14/2021
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8-e
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Agenda for December 14, 2021 BOCC Meeting
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8 <br /> 2.4. 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. Grantor does not assume any responsibility or liability <br /> to the general public for failing to do so. <br /> 2.5. Transfer. Grantor retains the right to sell, give, mortgage, lease, or otherwise convey the <br /> Trail Area subject to the terms of this Easement. <br /> 2.6 Trail Relocation. Grantor may relocate the Trail subject to the following conditions. <br /> (a) Grantor may,upon consultation with and consent of the Grantee, relocate the <br /> Trail within the Trail Area. End points of the Trail must remain in the same <br /> location as when originally constructed by Grantee. Grantor shall be responsible <br /> for all costs and expense associated with relocating the Trail. Such relocation <br /> shall include relocation of Trail signs and facilities, and associated costs. Should <br /> the Trail be relocated it must be constructed to the same standards and <br /> specifications as were applied in the original Trail construction. Consent of the <br /> Grantee shall not be unreasonably withheld. <br /> (b) Any relocation of the Trail exercised pursuant to this option shall not hinder or <br /> impede access to or use of the Trail through the Trail Area. The constructed Trail <br /> shall remain open to use until such time as the relocated Trail is complete and <br /> ready for use. <br /> ARTICLE III. RESERVED RIGHTS OF GRANTEE <br /> Grantor is not responsible for costs associated with construction and maintenance of the <br /> Trail or improvements or accessory facilities of the Trail except for improvements resulting from <br /> Grantor exercising a reserved right such as the right to relocate the Trail. Grantee reserves for <br /> 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, as well as bridges and boardwalks for crossing streams within <br /> the Trail Area. Bridges must be simple footbridges, not involving land disturbing <br /> activities other than postholes or bridge supports. <br /> 3.2. Accessory Facilities. 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 /> -4- <br />
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