AG 2012 11 19 - Laserfiche WebLink

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Easement of the nature and character and to the extent hereinafter set forth in, over, through and across the Easement Area. ARTICLE L DURATION OF EASEMENT This Stormwater Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by the Grantee against the Grantor, its personal representatives, heirs, successors, and assigns, lessees, agents, and licensees. ARTICLE IL RIGHTS RESERVED TO GRANTOR The Grantor reserves certain rights accruing from the fee simple ownership of the Property, including the right to engage in or permit others to engage in uses of the Easement Area that are not inconsistent with the purpose(s) of this Stormwater Easement. All rights reserved by the Grantor are reserved for Grantors, their representatives, successors, and assigns, and are considered to be consistent with the purposes of this Stormwater Easement. This Stormwater Easement encumbers the Property and shall run with the land; however, except for the specific restrictions and prohibitions made applicable herein to the Easement Area, Grantor shall continue to own the Property and may use it and the Easement Area in any lawful manner. A. Passive Recreational Uses. The Grantor reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Easement Area for the purposes thereof. Use of motorized vehicles on the Easement Area is prohibited except as they are used exclusively for management and maintenance. B. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses on the Easement Area not inconsistent with this Stormwater Easement and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the Easement Area shall not alter vegetation, hydrology or topography of the site. Notwithstanding the foregoing, all amenities and improvements to be located on the Easement Area shall comply with the terms set forth herein and incorporated herein by reference from the Grant Agreement. ARTICLE III. GRANTEE'S AFFIRMATIVE RIGHTS A. Right of Access, Ingress and Egress. The Grantee, and authorized representatives of the Grantee, shall have the right, upon providing reasonable advance notice to Grantor, to enter the Property and the Easement Area to engage in the Stormwater Project, to exercise the enforcement rights set forth in Article V hereof, and to monitor the Easement Area as set forth herein below. B. Maintenance and Operation. The Grantee representatives of the Grantee shall have the affirmative right Stormwater Project. All activity associated with the Stormwater CWMTF Stormwater Easement Template, rev 0 3 and authorized to engage in the Project shall be 3/9/2010 Attachment number 1 W Page 74