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<br />SECTION 1 <br /> <br />Scope of Easement. The purpose of this CE & Risto 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 /> <br />The terms of this CE & R are specifically intended to provide a significant public benefit <br /> <br />by: <br /> <br />. Preserving the open and natural character of the Easement Areas for scemc <br />enjoyment by the general public from views from trails 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 the adjoining <br />land uses. <br /> <br />Collectively, these natural, scenic and open space qualities of the Easement Areas comprise its <br />"Conservation Values." <br /> <br />SECTION 2 <br /> <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 /> <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 /> <br />B. Industrial and Commercial Activity. No industrial or commercial use of the <br />Easement Areas is allowed except, a home business use may 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 /> <br />C. Agricultural Use. No agricultural use of the Easement Areas is allowed. This <br />includes tilling, plowing, commercial cultivation of row crops, livestock grazing <br />or production, haying or feedlots. <br /> <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 /> <br />E. Right of Way. No right of way shall be granted across the Easement Areas in <br />conjunction with any industrial or commercial use. <br /> <br />2 <br />