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Agenda - Council Work Session - 05/11/2021
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Agenda - Council Work Session - 05/11/2021
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3/14/2025 2:58:58 PM
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5/13/2021 10:26:53 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
05/11/2021
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B. Tirnin . Unless otherwise specified in this CTE R, any required notice or <br />request for approval must be delivered at least 30 days prior to the date <br />proposed for initiating the activity in question. <br />C. Content. The notice or request for approval must include sufficient <br />information to allow the City to make an informed decision on whether any <br />proposed activity is consistent with the terms and purposes of this CTE R. <br />At a minimum this shall include (i) the location, nature and scope of the <br />proposed activity, (ii) the proposed use, design and location of any building, <br />structure or improvement and (iii) the potential impact on the Conservation <br />Values of the Easement Areas. <br />D. Approval. The City may withhold its approval if it determines that the <br />proposal is inconsistent with the terms or purposes of this CTE R or lacks <br />sufficient information to allow the City to reach an informed decision. The <br />City may condition its approval on the owner's acceptance of modifications, <br />which would, in the City's judgment, make the proposed activity consistent <br />with the CTE R or otherwise meet any concerns. Failure of the City, or its <br />successors or assigns shall not constitute an approval under any <br />circumstances. <br />12. Covenants Run With Land. This CTE R shall run with and burden the <br />Easement Areas in perp etuity. The terms, covenants and conditions hereof shall run with the <br />land and shall be binding on all present and future owners of the Easement Areas, and shall inure <br />to the benefit of the City, its permitted successors and assigns. This CTE R creates a property <br />right immediately vested in the City and its successors and assigns that cannot be terminated or <br />extinguished except as set out herein. <br />13. Extinguishment. If circumstances arise in the future that render the Purpose of <br />this CTE & R impossible to accomplish, this CTE R Easement can only be terminated or <br />extinguished, whether in whole or in part, by judicial proceeding in a court of competent <br />jurisdiction. The parties hereto agree that economic hardship on the part of the Grantee, or the <br />owners, heirs, successors or assigns shall not be sufficient grounds for extinguishment or <br />termination of this Easement. <br />14. Definitions. Unless the context requires otherwise, the term "Owner" includes, <br />jointly and severally, the current owner or owners of the Easement Areas identified above and <br />their personal representatives, heirs, successors and assigns in title to the Easement Areas. The <br />term "City" includes its successors or assigns to its interest in this CTE R. <br />15. Termination of Rights and obli ations. A party's rights and obligations under <br />this CTE c R terminate upon the transfer or termination of that party's interest in this CTE R <br />9 <br />
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