Agenda - Parks and Recreation Commission - 03/10/2005

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Collectively, these natural, scenic and open space qualities of the Protected Property comprise its "Conservation Values." These Conservation Values have not been and are not likely to be adversely affected to any substantial extent by the continued use of the Protected Property as described above or as authorized below or by the use, maintenance or construction of those structures and improvements that presently exist on the Protected Property or that are author/zed below. CONSERVATION INTENT. The Owner and the City are committed to protecting and preserving the Conservation Values of the Protected Property in perpetuity. Accordingly, it is their intent tO create and implement a conservation and trail easement that is binding upon the current Owner and all future owners of the Protected Property and that conveys to th~ City the right to protect and preserve the Conservation Values of the Protected Property for the benefit of this generation and generations to come. The terms of this Easement are specifically intended to provide a significant public benefit by: Preserving the open and natural character of the Protected Property for scenic enjoyment by the general public from views from private properties and streets and by use of the general public when accessing the protected property by trail. · Providing wildlife a contiguous corridor for habitat which connects to other areas of openspacel streams and wetlands. · Protecting water quality by maintaining a natural buffer between Trott Brook and the adjoining land uses. LAND USE RESTRICTIONS. Any activity on or use of the Protected Property that is inconsistent with the purposes of this Easement is prohibited. This prohibition specifically includes any intrusion or future development that would interfere with the essential scenic quality of the Protected Property or the visual enjoyment of the open and natural character of the Protected Property by the general public. Except as specifically permitted'in paragraph 3 below and without'limiting the general prohibition above, restrictions imposed upon the Protected Property expressly include the following: 2.1. Industrial and Commercial Activity. No industrial or commercial use of the Protected Property is allowed except, a home business use may count the total area of the land, including the Protected Property for gross area computations as it may be necessary, or other use specifically permitted in paragraph 3 below. 2.2. Agricultural Use. No agricultural use of the Protected Property is. allowed. ' This includes tilling, plowing, commercial cultivation of row crops, livestock grazing or production, haying or feedlots. 14