Agenda - 09-02-2003-5b - Laserfiche WebLink

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Steep Bottom Branch Conservation Easement 7-11-03 draft 12 obligation for the upkeep or maintenance of the Easement Area except to the extent elsewhere required by this Conservation Easement. 6. ACCESS. No right of access by the general public to any portion of the Easement Area is conveyed by this Consen~ation Easement. However, the public has the right to view the Easement Areafrom adjacent publicly accessible areas such as public roads and waterways. [occasional tours of the property for environmental education?J 7. ENFORCEMENT. The Grantee shall have the right to prevent and correct violations of the terms of this Conservation Easement. (a) With advance written notice the Grantee may enter the Easement Area for the purpose of inspecting for violations. If the Grantee finds a violation, it may, in its discretion, take appropriate legal action. Except when an ongoing or imminent violation could substantially diminish or impair the conservation values of the Easement Area, the Grantee shall give the Grantor written notice of the violation and sixty (60) days to correct it (or begin good faith efforts to correct in the event the violation is something which cannot be reasonably corrected in sixty (60) days) before filing any legal actions. Grantee has the right to enforce the terms of this Conservation Easement by civil action, including the remedy of injunction, mandatory and prohibitory. The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. (b) Grantee shall not bring any action against Grantor for any injury or change to the Easement Area caused by third parties, or resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm and naturally caused earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to the Easement Area or harm to the Easement Area resulting from such action. 8. TRANSFER OF EASEMENT. The parties recognize and agree that the benefits of this easement are in gross and assignable. The Grantee shall have the right to transfer or assign this Conservation Easement to any qualified organization that, at the time of transfer, is a "qualified organization" under Section 170(h) of the U.S. Internal Revenue Code and provided the organization expressly agrees to assume the responsibility imposed on the Grantee by this Conservation Easement. If the Grantee ever ceases to exist or no longer qualifies under Sec. 170(h) or applicable state law, a court with jurisdiction is hereby authorized to transfer this easement to another qualified organization having similar purposes that agrees to assume the responsibility. 9. TRANSFER OF EASEMENT AREA. Grantor shall notify Grantee, in writing, at least thirty (30) days prior to any conveyance by Grantor of the Easement Area or any interest in the Easement Area, and the document of conveyance shall expressly refer to this Conservation