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Agenda - Council - 07/28/2009
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Agenda - Council - 07/28/2009
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Meetings
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Agenda
Meeting Type
Council
Document Date
07/28/2009
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and Water Conservation District for Further Information." <br />degradable material and shall be at least four feet in height. <br />Said monuments must be made of non - <br />tate, and the agents and. emQro�rgeand <br />4. Grants to the LGU, the S te,ienforcement Purposes <br />reasonable access to the Bank Easement Area fees ins <br />agents and employof the State are hereby granted a perpetual ingress <br />The LOU, the State, and theh <br />and egress easement ("Access Easement") for access to and from the Bank Ess <br />eenxeAccess <br />Ar"thatpecified on Legal <br />Easement shall be over and across the area ("Easem e a part her or, if not specified on Legal <br />Description and or Exhibit A attached hereto and mad d convenient route between the Bank <br />Description and or Exhibit A, the most reasonably direct an coney <br />Access Area is owned by a person <br />Easement Area and a public road. If all or any part of the Easem of ranting the <br />or entity other than Grantor, then the owner has joined in this Easement for purposes 9 - <br />Access Easement by signing below. The signed written consetitan <br />d oof 411osof interests in the tasement Access Area has been or will be ined by Grantor and recorded in the <br />same manner as specified in paragraph 5 below. This Easement granten oaccestoorentry to the Reaeallr the Easement Access Area to tgeneral public. <br />Property, the Bank Easement Area, o. <br />1 5, Represents that Grantor is (a) the fee owner of the Real Property and (b) the applicant, <br />under the replacement plan or bank plan, if different from the fee me <br />wner.Gsancorrzt <br />epresents that all <br />other parties who may have an interest in the Real Property (e,g,,rtgagce, act for deed <br />ents, etc.) have consented and subordinated their interests to this Easement <br />vendees, holders of easem at any time that there is any other party who may have an <br />interest <br />by signing below. if it is determined then Grantore of this Easement does <br />. shall immediately obtain and record a <br />in the Real Property that is prior to this Easement, <br />consent and subordination agreement signed by such other party. Acceptanc <br />not release Grantor from the obligation to obtain and record a eons <br />hats <br />d subnationagrmsigned by any party who may have an interest in the Real Proprty prior to nation <br />even if <br />such interest was as of record at the time of acceptance. <br />6. Will record this easement at Grantor's expense in the real property recthe Statehscounty <br />where the Real Property is located. Said recording shall take place with in 30 ys' <br />Grantor shall provide the original copy of the recorded easement to <br />acceptance of this Easement. The <br />the State prior to making any credits from this bank available for sale or use, <br />7. Acknowledge that this Easement shall be unlimited in duration, without beingto Mi re- nn <br />recorded. This Easement shall be deemed to be'a perpetual conservation easement pursuant <br />Stat, ch. 84C <br />Acknowledge that, unless expressly authorized in writing by the LOU in the approved <br />bank plan, Grantor, <br />. all not produce agricultural crops on the Bank Easement Area, except that this <br />(a) Shall restrict the harvest of the seeds of native vegetation if only the seed. <br />provision does not 1C . . <br />head is removed in the process. of harvest and does not involve the use vehicular, <br />motorized equipment; <br />(b) Shall not cut hay, mow vegetation or cut timber on the Bank Easement Area except as <br />allowed or prescribed in the Bank Plan; <br />Page 3 of 6 <br />
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