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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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designating the Property as land under the protection of Grantee , signs that identify the <br /> property, and signs relating to the uses on the Property. <br /> N . There shall be no commercial water wells on the Property. <br /> O . There shall be no commercial timber harvesting on the Property except as <br /> reserved hereafter. <br /> P . There shall be no wireless telecommunication tower facilities on the Property. <br /> ARTICLE V. GRANTOR'S RESERVED RIGHTS <br /> Grantor reserves to Grantor, and to Grantor's personal representatives , heirs , <br /> successors , and assigns, the following specified rights , which are deemed to be <br /> consistent with the purpose of the Easement. The exercise of the Reserved Rights <br /> shall be in full accordance with all applicable local , state and federal law, as amended <br /> from time to time, as well as in accordance with the purposes of this Easement. <br /> A. The right to observe , maintain , photograph , introduce and stock native fish or <br /> wildlife on the Property, to use the Property for non-commercial hiking , camping , and <br /> horseback riding and similar activities consistent with the Conservation Purposes of this <br /> Conservation Easement, so long as the same do not constitute a danger to Grantee's <br /> employees, agents, officers , and invitees , and so long as such activities do not violate <br /> any of the prohibitions applicable to the Property or Grantee's rights, as stated above . <br /> Grantor reserves , and shall continue to own , the hunting and fishing rights on , or related <br /> to, the Property and Grantor may lease and sell privileges of such rights. <br /> B . The right to conduct controlled or prescribed burning on the Property; <br /> provided , however, that Grantor shall obtain and comply with a prescribed fire <br /> authorization from the local and state regulatory agencies having jurisdiction over <br /> controlled or prescribed burning . <br /> C . The right to mortgage the Property; provided , however, that the mortgagee's <br /> lien shall be inferior to and lower in priority than this Easement; and further provided that <br /> Grantor shall obtain a written , recordable instrument from any such lender or <br /> mortgagee, that acknowledges that the Property is encumbered by this Conservation <br /> Easement and that any mortgage is subordinate to the Conservation Easement and any <br /> mortgagee in possession shall be bound by this Conservation Easement as a successor <br /> in interest to Grantor. <br /> D. The right to contest tax appraisals, assessments , taxes and other charges on <br /> the Property. <br /> E . The right to continue to use , maintain, repair, reconstruct, or relocate existing <br /> buildings, barns , dog pens , outbuildings , fences , roads, ponds , drainage ditches and <br /> such other facilities on the Property as depicted in the Baseline Documentation subject <br /> 8 <br />
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