Agenda - Council - 07/28/2009 - Laserfiche WebLink

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(c) Shall not make any vegetative alterations on the Bank Easement Area that do not enhance or would degrade the ecological functions and values of the :Bank Easement Area, Vegetative alterations shall be limited to those listed in the approved bank plan, (d) Shall not graze livestock on the Bank Easement Area; (e) Shall not place any materials, substances or other objects, nor erect or construct any type of structure, temporary or permanent, on the Bank Easement Area. (t) Shall not allow vehicular traffic on the Bank Easement Area except for the purpose of implementing construction or maintenance activities specifically authorized in the bank plan. (g) Shall not alter the topography of the Bank Easement Area by anyy means including plowing, dredging, filling, mining or drilling. (h) Shall not modify the hydrology of the Bank Easement Area in any way or by any means including pumping, draining, ditching, diking, impounding or diverting surface or ground water into or out of the Bank Easement Area. 9. Acknowledge that the Grantor is responsible, at Grantor's cost, for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the Bank Easement Area. 10, Acknowledge that this Easement may be modified only by the joint written approval of the LOU and the State. If the Bank Easement Area has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. 11. Acknowledge that this Easement may be enforced, at law or in equity, by the LOU or the State. The LOU and the State shall be entitled to recover an award of reasonable attorney's fees from Grantor in any action to enforce this Easement. The right to enforce the terms of this Easement is not waived or forfeited by any forbearance or failure to act on the part of the State or LOU, If the subject Bank Easement Area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act ora federal farm program, then the provisions of this Easement that run to the State or the LOU may also be enforced by the United States of America in a court of competent jurisdiction. 12. Acknowledge that this Easement is not valid, nor can an account for wetland credits be established until the Easement has been accepted: by the State, the Grantor has recorded this Easement and the State has received evidence of such .recording. Page 4 of 6