Agenda - 09-16-2003-5b - Laserfiche WebLink

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Brown Conservation Easement Draft8/28/03 10 condition; to protect native plants and animals, or plant communities on the Easement Area, while allowing traditional uses on the Easement Area that are compatible with and not destructive of the conservation values of the Easement Area, including use of pedestrian trails as provided in Paragraphs 3(c) and 4(c); and to prevent any use of the Easement Area that will impair or interfere with the conservation values or interests of the Easement Area. Grantor will not perform, nor knowingly allow others to perform, any act on or affecting the Easement Area that is inconsistent with the purposes of this Conservation Easement. However, unless otherwise specified below, nothing in this Conservation Easement shall require the Grantor to take any action to restore the condition of the Easement Area after any act of God or other event over which Grantor had no control. Grantor understands that nothing in this Conservation Easement relieves them of any obligation or restriction on the use of the Easement Area imposed bylaw. 2. EASEMENT AREA USES. Any activity on, or use of, the Easement Area inconsistent with the purposes of this Conservation Easement is prohibited. The Easement Area shall be maintained in its natural, scenic and open condition and restricted from any development that would impair or interfere with the conservation values of the Easement Area. Without limiting the generality of the foregoing, the following is a listing of activities and uses which are expressly prohibited or which are expressly allowed. Grantor and Grantee have determined that the allowed activities do not impair the conservation values of the Easement Area. Additional retained rights of Grantor are set forth in Paragraph 3 below. 2.1 Subdivision. The Property may not be divided, subdivided or partitioned, nor conveyed except in its current configuration as an entity. 2.2 Construction. Grantor has the right to construct and maintain two, and no more than two, outbuildings for horticultural, educational, or recreational purposes so long as the neither outbuilding is a) located less than 100 feet from New Hope Creek, b) more than 20 square feet in floor area, and c) so long as authorized by Orange County zoning regulations and consistent with permits required by and issued by Orange County under its laws and ordinances for such buildings and land use. Grantee has the right to construct and maintain a pedestrian trail intended for public use within the Easement Area. The trail shall be unpaved and constructed within a 50- foot trail corridor located parallel to New Hope Creek and identified in Exhibit B. The trail shall be no more than 10 feet wide and shall be sited so as to cause minimal disturbance to the conservation values of the Easement Area. Grantor may construct a pedestrian trail for private use leading from the portion of the Grantor's Property located outside of the Easement Area to the aforementioned public trail located within the Easement Area and parallel to New Hope Creek. The trail shall be unpaved and no more than 6 feet wide and shall be sited so as to cause minimal disturbance to the conservation values of the Easement Area.