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(3) Sins Signs are prohibited, except interpretive signs describing activities
<br />and the conservation values of the Easement Area, signs identifying the owner of the
<br />Property and the holder of the Stormwater Easement, signs giving directions, and signs
<br />prescribing rules and regulations for the use of the Easement Area.
<br />(4) Grading, Mineral Use, Excavation, Dredging Grading, filling,
<br />excavation, dredging, mining, drilling, and removal of topsoil, sand, gravel, rock, peat,
<br />minerals, and other materials are prohibited, except as necessitated by activities described
<br />in Article III.B.
<br />(5) Water Quality and Drainage Patterns Except as necessitated by activities
<br />described in Article III.B, diking, draining, dredging, channeling, filling, leveling,
<br />pumping, impounding or diverting, causing, allowing or permitting the diversion of
<br />surface or underground water; altering or tampering with water control structures or
<br />devices; disruption or alteration of the restored, enhanced, or created drainage patterns;
<br />and removal of wetlands, polluting or discharging into waters, springs, seeps, or
<br />wetlands, or use of pesticide or biocides are prohibited.
<br />(6) Subdivision and Conveyance The Easement Area may not be subdivided,
<br />partitioned nor conveyed, except in its current configuration as an entity or block of
<br />property nor may the Easement Area be subdivided away from the Property. Similarly,
<br />the Easement Area shall not be used to satisfy open space requirements of any cluster or
<br />other development scheme. All development rights are extinguished from the Easement
<br />Area and shall not be transferred to any other lands pursuant to a transfer of development
<br />rights scheme or cluster development arrangement or otherwise.
<br />ARTICLE V. ENFORCEMENT AND REMEDIES
<br />A. Enforcement. The Grantee shall have authority and responsibility for
<br />enforcement of this Stormwater Easement. Any forbearance by the Grantee to exercise
<br />rights hereunder in the event of breach of any term, condition, or restriction shall not be
<br />deemed or construed to be a waiver of any right of enforcement. No delay or omission
<br />by the Grantee in the exercise of any right or remedy shall impair such right or remedy,
<br />or be construed as a waiver.
<br />B. Notification. Upon breach of any of the terms, conditions, and restrictions
<br />of this Stormwater Conservation Easement by the Grantor, or anyone acting for or under
<br />authority of the Grantor, the Grantee shall, except as provided below, notify the Grantor
<br />in writing of such breach. The Grantor shall have 30 days after receipt of such notice to
<br />correct any conditions constituting such breach. If the breach remains uncorrected after
<br />30 days, the Grantee may enforce this Stormwater Easement by any appropriate legal
<br />proceedings, including actions for damages, injunctive, and other relief. In addition, the
<br />Grantee shall also have the power and authority to:
<br />(1) immediately abate or prevent any impairment or degradation of the
<br />Easement Area by acts which may be unlawful or otherwise in violation of this
<br />Stormwater Easement;
<br />CWMTF Stormwater Easement Template, rev 0 5 3/9/2010
<br />Attachment number 1
<br />F -8 Page 76
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