Agenda - Council - 04/12/2016 - Laserfiche WebLink

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Page 2 Exceptions to Restrictions. Grantor, for itself and its successors and assigns, further covenants and agrees that the Easement Area shall be continued in its present condition, save and except as may be required to: 1. Control, manage and eliminate noxious weeds and prohibited invasive species. "Noxious Weeds," both "primary" and "secondary" shall be removed, but only in accordance with recommended and accepted control methods. Vegetation that is considered to be a nuisance (e.g., overhanging, damaged or dead limbs or vegetation protruding through fences), or presents a real or potential hazard to personal property, may be trimmed in accordance with accepted standards; and 2. Manage restricted noxious weeds including, but not limited to, Common or European Buckthorn, Glossy Buckthorn, and Garlic Mustard; and 3. Manage pathogens and insect infestations through industry accepted control strategies, which can include removal; and 4. Allow the City to use and exercise its easement rights to that portion of the Easement Area that may be encumbered by a drainage and utility easement; and 5. Allow any federal, state or local government agency, other than the Landowner, which may have jurisdiction over the easement area to enforce any rule, ordinance, statute or regulation; and 6. Install fencing in accordance with provisions of Ramsey City Code so long as said installation does not result in the removal of any woody plant/tree with a Diameter at Breast Height (DBH) of four (4) inches or greater; and 7. Plant and/or establish native trees and other native vegetation so long as said action(s) does not result in damage to or loss of existing trees. Inspection. Grantor grants to Grantee the right to enter upon the Easement Area for the purposes of inspection and enforcement of this Tree Preservation Easement and to take whatever actions are necessary to restore the Easement Property to its agreed -upon nature. Grantee may assess the reasonable costs of restoration against the Property, and Grantor waives all rights to contest those costs. Further, Grantee may enforce the terms of this Tree Preservation Easement by any proceeding in law or in equity to restrain violations, compel compliance, or to recover damages, including attorneys' fees and costs of the enforcement actions. No Public Access. This Tree Preservation Easement does not convey a right to the public to use the Easement Property nor does it convey any right of possession in the Easement Property to the public or the Grantee. Duration. This Tree Preservation Easement shall be effective upon recording and shall have perpetual duration. Binding Effect. The Property, and any portion thereof, shall be held, transferred, sold, conveyed, and occupied subject to and together with the covenants and restrictions contained in this Tree Preservation Easement. This Tree Preservation Easement shall be binding upon all parties having any right, title or G:\ComDev\Landuse Applications\2016\16-51 Woodlands Second Addition\Tree Preservation Easement\Updated Tree Preservation Easement.docx