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Agenda 02-01-22; 6-a - Resolution of Approval – Conservation Easement on Draper-Savage Memorial Foundation (Moorefields) and Approval of Budget Amendment #7-A
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Agenda 02-01-22; 6-a - Resolution of Approval – Conservation Easement on Draper-Savage Memorial Foundation (Moorefields) and Approval of Budget Amendment #7-A
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1/27/2022 1:11:18 PM
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2/1/2022
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Agenda
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6-a
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Agenda for February 1, 2022 BOCC Meeting
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11 <br /> Values. <br /> FURTHER, for the purpose of providing uninterrupted access to the Easement Area, <br /> Grantor grants and conveys unto Grantee,its successors and assigns, a perpetual right of ingress, <br /> egress, and regress to and from the Easement Area from Moorefields Road, (2)across the Property, <br /> (3)in any other right-of-way appurtenant to the Property, and(4) across any other lands owned by <br /> Grantor. <br /> ARTICLE I. DURATION OF EASEMENT <br /> This Conservation Easement shall be perpetual. It is an easement in gross,runs with the <br /> land, and is enforceable by Grantee, its successors and assigns, against Grantor, its representatives, <br /> successors, assigns, lessees, agents, and licensees. <br /> ARTICLE II. RIGHTS RESERVED TO GRANTOR <br /> Grantor reserves the right accruing from the fee simple ownership of the Property to <br /> engage in or permit others to engage in the uses of the Easement Area that are not inconsistent <br /> with this Conservation Easement or the Conservation Values. All rights reserved by Grantor, are <br /> reserved for Grantor and its successors and assigns. The specific reserved rights listed below in <br /> this Article II are considered to be consistent with this Conservation Easement and the <br /> Conservation Values. Grantor shall continue to own and may use the Property in any lawful <br /> manner that is consistent with this Conservation Easement and the Conservation Values. The <br /> Parties acknowledge and agree that they have no right to agree to any activity that would result <br /> in the termination of this Conservation Easement. <br /> The Easement Area shall be restricted from any development or usage that would impair <br /> or interfere with the Conservation Values including the purposes of this Conservation Easement. <br /> The following uses are reserved as indicated: <br /> A. Access and Use. Grantor reserves the right to allow access and use of the <br /> Easement Area for the purposes of the activities permitted herein. Grantor reserves the right to <br /> generate income from individuals and groups related to the activities permitted under the rights <br /> reserved herein, so long as the activities are not detrimental to the Conservation Values. <br /> B. Passive Recreational Use. Grantor reserves the right to engage in and to permit <br /> others to engage in passive recreational uses of the Easement Area that do not require surface <br /> alteration of the land and pose no threat to the Conservation Values. By way of illustration, such <br /> passive recreational uses may include hiking,walking, scientific study, animal/plant observation, <br /> nature and environmental education, historic tours, photography, so long as such uses are <br /> consistent with the maintenance of the Conservation Values, and such uses are subject to all <br /> applicable federal, state, and local laws and regulations. <br /> C. Existing Roads and Trails. Grantor reserves the right to maintain existing <br /> unpaved roads and trails in the Easement Area. These roads and trails shall not be paved without <br /> prior written approval of Fund. The existing roads and trails may be stabilized with gravel and <br /> 4 of 17 <br />
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