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Draft 81,2910.5 (BOCC) <br />the generality of the foregoing, the following is a listing of activities and uses which are <br />expressly prohibited or which are expressly allowed. Grantor and Grantee have determined that <br />the allowed activities do not impair the conservation values of the Easement Area. Additional <br />retained rights of Grantor are set forth in Paragraph 3 below. <br />2.1 Subdivision. The Easement Area currently consists of three separate <br />tracts. The further subdivision of the Property, including its partition, is prohibited. All of the <br />Easement Area shall be kept under the same fee simple ownership. No portion of the Easement <br />Area shall be sold, conveyed, mortgaged, partitioned or subdivided so as to create the possibility <br />of fee simple ownership of any portion that would be separate or different from the fee simple <br />ownership of the remainder of the Easement Area. <br />2.2 Construction. The construction of any building or other structure within <br />the Easement Area is prohibited except as follows: <br />a) Existing fences may be repaired and replaced, and new fences <br />may be built to mark property boundaries or to help protect the <br />Arboretum without permission of the Grantee. <br />b) Existing residential structures and improvements may be <br />repaired, reasonably enlarged and replaced at their current <br />locations within the "Building Envelope," as shown on Exhibit <br />C, without further permission from the Grantee. New accessory <br />structures and improvements may be built without further <br />permission of the Grantee provided they are located in the <br />"Building Envelope" as identified on Exhibit C. At the time that <br />construction of such structure is to commence, Grantee shall be <br />notified so that its records can be updated. <br />C) New structures or improvements proposed for locations outside <br />the "Building Envelope" may be built provided they are for the <br />care and maintenance of the Arboretum, are to be located on <br />Tract A as identified on Exhibit C, and have the advance written <br />permission of the Grantee. The Grantee shall give such <br />permission within a reasonable time if it determines that the <br />proposed structure or improvement would not diminish or <br />impair the conservation values of the Easement Area or <br />otherwise be inconsistent with this Conservation Easement, <br />d) A new building for use as a visitor center or for other research <br />and educational purposes related to the Arboretum may be built <br />without further permission of the Grantee provided the building <br />footprint is less than 1,000 square feet, it is located in the