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Agenda - Council - 01/22/2008
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Agenda - Council - 01/22/2008
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3/19/2025 9:10:56 AM
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1/18/2008 7:33:44 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
01/22/2008
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R, and that the Easement Areas are. free from all encumbrances except the lien of real estate taxes <br />and installments. of special assessments payable therewith which are not yet due. <br />SECTION 1 <br />Scope of Easement. The purpose of this CE & R is to preserve and- protect. in perpetuity <br />the Conservation Values of the Easement Areas identified below by confining the development, <br />management and use of the Easement Areas to activities that are consistent with. the preservation <br />of these Conservation Values, by prohibiting activities that significantly impair or interfere with <br />these Conservation Values, and. by providing for remedies in the event of any violation of this <br />CE&R. <br />The terms of this CE & R are specifically intended to provide a significant. public benefit <br />by: <br />• .Preserving the open and natural character of the Easement Areas for scenic <br />enjoyment by the general public from views from private properties and streets. <br />• Providing wildlife a contiguous corridor for habitat which connects to other areas <br />of open space, streams and wetlands. <br />• Protecting water quality by maintaining a natural buffer between Trott Brook and <br />the adjoining land uses. <br />Collectively, these natural, scenic and open space qualities of the Easement Areas comprise its <br />"Conservation Values." <br />SECTION 2 <br />In furtherance of this objective, and to define the scope of the easement and. restriction, the <br />Owner, for itself, its successors and assigns, does hereby covenant and agree with the City that: <br />A. Future Development. No activity on or use of the Easement Areas that is <br />inconsistent with the purposes of this CE & R is allowed.. This prohibition <br />specifically includes any intrusion or future development that would interfere with... <br />the essential scenic quality of the Easement Areas or the visual enjoyment of the <br />open and natural character of the Easement Areas by the general public. <br />B. Industrial and Commercial Activity. No industrial or corrunercial use of the <br />Easement Areas is allowed except, a home business use inay count the total area <br />of the land, including the Easement Areas for gross area computations as it may <br />be necessary, or other use specifically permitted in Section 3 below. <br />C. Agricultural Use. No agricultural use of the Easement Areas is allowed. This <br />includes tilling, plowing, cormnercial cultivation of row crops, livestock grazing <br />or production, haying or feedlots. <br />D. Residential Development.. No residential use or development of the Easement <br />Areas is allowed except as specifically permitted in Section 3 of this. CE & R. <br />2 <br />-$~- <br />
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