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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
Date
11/7/2024
Meeting Type
Business
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Agenda
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8-g
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15 <br /> resource research conducted by the Grantors or at Grantors' direction or with <br /> Grantors' permission shall be reported to the Grantee. <br /> (d) Management of Exotics and Invasive Species. The right, but not the obligation, to <br /> control, manage or destroy exotic non-native species or invasive species of plants <br /> and animals that threaten the conservation values of the Property. Grantee will <br /> consult with Grantors prior to implementing control activities. <br /> 5. RESPONSIBILITIES OF GRANTORS AND GRANTEE NOT AFFECTED. <br /> Other than as specified herein,this Conservation Easement is not intended to impose any legal <br /> or other responsibility on the Grantors, or in any way to affect any existing obligation of the <br /> Grantors as owners of the Property. Among other things, this shall apply to: <br /> (a) Taxes - The Grantors shall be solely responsible for payment of all taxes and <br /> assessments levied against the Property. <br /> (b) Upkeep and Maintenance - The Grantee shall have no obligation for the upkeep or <br /> maintenance of the Property. The granting of this Conservation Easement shall <br /> not in and of itself be construed to create or impose upon the Grantors any <br /> obligation for the upkeep or maintenance of the Property except to the extent <br /> elsewhere required by this Conservation Easement. <br /> 6. ACCESS. No right of access by the general public to any portion of the Property <br /> is conveyed by this Conservation Easement. However, the public has the right to view the <br /> Property from adjacent publicly accessible areas such as public roads and waterways. <br /> 7. ENFORCEMENT. The Grantee shall have the right to prevent and correct <br /> violations of the terms of this Conservation Easement. <br /> (a) With reasonable advance notice provided to the Grantor or with the Grantor's <br /> prior verbal consent, the Grantee shall have the right to enter the Grantor's Property for the <br /> purpose of inspecting for compliance with the terms of this Conservation Easement. The <br /> Grantee shall have the right to prevent violations and remedy violations of the terms of this <br /> Conservation Easement through judicial action, which shall include, without limitation, the right <br /> to bring proceedings in law or in equity against any party or parties attempting to violate the <br /> terms of this Conservation Easement. Except when an ongoing or imminent violation could <br /> irreversibly diminish or impair the conservation values of the Property, the Grantee shall give the <br /> Grantor written notice of the violation and thirty(30) days to cure the violation,before <br /> commencing any legal proceedings. The Grantee may obtain an injunction to stop a violation or <br /> a threatened violation, temporarily or permanently. The parties agree that a court may issue an <br /> injunction or order requiring the Grantor to restore the Grantor's Property to its condition prior to <br /> the violation, as restoration of the property may be the only appropriate remedy. In any case <br /> where a court finds that a violation has occurred, the Grantor shall reimburse the Grantee for all <br /> its expenses incurred in stopping and correcting the violation, including but not limited to <br /> Page 9 of 17 <br />
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