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2007-320B
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2007-320B
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Last modified
6/24/2016 1:27:08 PM
Creation date
9/30/2015 11:19:38 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/18/2007
Control Number
2007-320B
Agenda Item Number
9.A.1
Entity Name
Padgett Creek LLC
Subject
Option Agreement purchase Conservation Easement
Supplemental fields
SmeadsoftID
6612
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The above purposes are hereinafter sometimes referred to as "the Conservation <br /> Purposes'. Grantor intends that this Easement will confine the use of the Property to <br /> such activities as are consistent with the Conservation Purposes of this Easement. <br /> ARTICLE III . RIGHTS GRANTED TO THE GRANTEE <br /> To accomplish the purpose of this Easement the following rights are conveyed to <br /> Grantee by this Easement: <br /> A. The right to enforce protection of the conservation values of the Property; <br /> B . All future residential , commercial , industrial and incidental development rights <br /> that are now or hereafter allocated to , implied , reserved , or inherent in the Property <br /> except as may be specifically reserved to Grantor in this Easement. The parties agree <br /> that such rights are hereby terminated and extinguished and may not be used on or <br /> transferred to other property. Neither the Property nor any portion thereof may be <br /> included as part of the gross area of other property not subject to this Easement for the <br /> purposes of determining density, lot coverage , or open space requirements , under <br /> otherwise applicable laws, regulations or ordinances controlling land use and building <br /> density. No development rights that have been encumbered or extinguished by this <br /> Easement shall be transferred to any other lands pursuant to a transferable <br /> development rights scheme or cluster development arrangement or otherwise , nor shall <br /> any development rights or density credits be transferred onto the Property from other <br /> property. <br /> C . The right to enter upon the Property at reasonable times in order to monitor <br /> compliance with and otherwise enforce the terms of this Easement; provided that such <br /> entry shall be upon 48 hours prior notice to Grantor, and Grantee shall not <br /> unreasonably interfere with Grantor's use and quiet enjoyment of the Property. <br /> D . The right to prevent any activity on or use of the Property that is inconsistent <br /> with the Conservation Purpose or provisions of this Easement and to require the <br /> restoration of or to restore such areas or features of the Property that may be damaged <br /> by any inconsistent activity or use, at Grantor's cost. <br /> E . The right of ingress and egress to the Property. <br /> F. The right to have the ad valorem taxes, assessments and any other charges <br /> on the Property paid by Grantor. <br /> G . A right to notice of intent to sell . The terms of this right are such that if <br /> Grantor intends to sell the Property, or any interest therein or portion thereof, Grantor <br /> shall deliver to Grantee notice of such intent, and shall , in good faith , afford Grantee an <br /> opportunity to negotiate the acquisition of the Property, or such portion thereof or <br /> interest therein that Grantor intends to sell . If Grantee desires to negotiate the <br /> 3 <br />
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