|
38
<br /> Model Conservation Easement Revised
<br /> such locations are physically impracticable, and must be located so as not to impair the
<br /> Conservation Values. All trail construction within the NCLWF Easement involving soil
<br /> disturbance must follow best practices for sustainable trail design and construction and must
<br /> have prior written approval by Fund. When required by the terrain, trails may include
<br /> boardwalks, ramps, and handrails to the extent necessary. Trails may include stream crossings up
<br /> to 6 feet wide, provided they are permitted by all applicable regulatory authorities. All necessary
<br /> care shall be taken to construct and maintain trails in a manner so as not to impair any
<br /> Conservation Values either during or after construction. Orange County shall have the authority
<br /> to require the closure of any trail that is detrimental to any Conservation Values.
<br /> 2.9 Trail and Recreational Accessories. Grantor and Grantees, with Grantor's
<br /> written permission, may construct and maintain park benches, litter receptacles, and directional,
<br /> educational, and informational signs along existing trails and approved new trails. All necessary
<br /> care shall be taken to construct and maintain trail and recreational accessories in a manner so as
<br /> not to impair any Conservation Values either during or after construction. Grantees shall have
<br /> the authority to require the removal of any trail or recreational accessory that is detrimental to
<br /> any Conservation Values.
<br /> 2.10 Educational Use. Grantor reserves the right to engage in and permit
<br /> others to engage in educational uses in the Easement Area not inconsistent with this
<br /> Conservation Easement, and the right of access to the Easement Area for such purposes
<br /> including organized educational activities such as site visits and observations.
<br /> 2.11 Excavation. There shall be no filling, excavation, dredging, mining or
<br /> drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no
<br /> change in the topography of the land in any manner except as necessary to allow a)the
<br /> construction of the improvements allowed above,b) the maintenance of roads, hiking, horseback
<br /> and non-motorized vehicle trails permitted hereunder, and c) the combating erosion or flooding.
<br /> 2.12 Destruction of Plants. Grantors shall have the right to cut and remove a)
<br /> diseased trees, shrubs, or other plants; b) non-native or invasive trees, shrubs, or other plants;
<br /> and c)to cut firebreaks. Grantors shall also have the right to cut and remove trees, shrubs, or
<br /> other plants to accommodate the activities expressly allowed under this Conservation Easement.
<br /> There shall be no additional removal, harvesting, destruction or cutting of native trees, shrubs or
<br /> other plants. Except for within the Farmstead Area(s), use around improvements, in gardens, or
<br /> in the agricultural areas there shall be no planting of non-native trees, shrubs, or other plants in
<br /> the Property. Furthermore, except to accommodate the activities expressly permitted in this
<br /> easement, there shall be no use of fertilizers, plowing, introduction of non-native animals, or
<br /> disturbance or change in the natural habitat in any manner.
<br /> 2.13 Water Rights, uality and Drainage Patterns. There shall be no pollution
<br /> of surface water, natural water courses, lakes,ponds, marshes, subsurface water or any other
<br /> water bodies, nor shall activities be conducted on the Property that would be detrimental to water
<br /> Page 10 of 22
<br />
|