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Agenda - 11-07-2024; 8-g - Resolution of Approval – Donated Conservation Easement on Property of Circular Design Construction, LLC (Array)
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Agenda - 11-07-2024; 8-g - Resolution of Approval – Donated Conservation Easement on Property of Circular Design Construction, LLC (Array)
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BOCC
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11/7/2024
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Business
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Agenda
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8-g
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14 <br /> 2.17 Commercial Development. Any commercial or industrial use of or <br /> activity within the Property is prohibited. This restriction on use shall not be construed to <br /> prohibit use of the Property for recreational, educational and scientific purposes, as long as such <br /> activities are otherwise consistent with this Conservation Easement. <br /> 2.18 Extinguishment of Development Rights. Except as otherwise reserved to <br /> the Grantors in this Conservation Easement, the parties agree that all development rights <br /> appurtenant to the Property are hereby released, terminated and extinguished, and may not be <br /> used on or transferred to any portion of the Grantors' Property as it now or hereafter may be <br /> bounded or described, or used or transferred to any other property adjacent or otherwise, nor <br /> used for the purpose of calculating permissible lot yield of the Grantor's Property or any other <br /> property. <br /> 3. ADDITIONAL RIGHTS RETAINED BY GRANTORS. Grantors retain the <br /> following additional rights: <br /> (a) Existing. The right to undertake or continue any activity or use of the <br /> Property not prohibited by this Conservation Easement. Prior to making any change in use of the <br /> Property, Grantors shall notify Grantee in writing to allow Grantee a reasonable opportunity to <br /> determine whether such change would violate the terms of this Conservation Easement. <br /> (b) Transfer. The right to sell, give, mortgage, lease, or otherwise convey the <br /> Property subject to the terms of this Conservation Easement. <br /> 4. GRANTEE'S RIGHTS. To accomplish the purpose of this Conservation <br /> Easement, the following rights are granted to Grantee by this Conservation Easement: <br /> (a) Right to Protect. The right to preserve and protect the conservation values of the <br /> Property and enforce the terms of this Conservation Easement. <br /> (b) Right of Entry. Grantee, its employees, representatives, and agents and its <br /> successors and assigns, have the right, after prior written notice to Grantors, to <br /> enter the protected Property at reasonable times for the purposes o£ (a) <br /> inspecting the protected Property to determine whether the Grantors, their <br /> representatives, assigns, heirs and successors are complying with the covenants <br /> and purposes of this Conservation Easement; and(b)monitoring and research as <br /> described below. <br /> (c) Monitoring and Research. The right, but not the obligation,to monitor the native <br /> plant and wildlife populations,plant communities and natural habitats on the <br /> Property. Grantee agrees that all monitoring activity, inventory and assessment <br /> work or other natural resource research conducted by Grantee or at Grantee's <br /> direction or with Grantee's permission shall be reported to Grantors. Grantors <br /> agree that all monitoring activity, inventory and assessment work or other natural <br /> Page 8 of 17 <br />
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