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08-1981 Conservation Easement Related to Wirz Bike Trail Phase II Project
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08-1981 Conservation Easement Related to Wirz Bike Trail Phase II Project
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Last modified
3/14/2024 10:47:13 AM
Creation date
12/11/2008 12:44:17 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
12/8/2008
Doc Number
08-1981
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(f) Activities detrimental to drainage, flood control, water conservation, erosion control, <br />soil conservation, or fish and wildlife habitat preservation. <br />(g) Acts or uses detrimental to such retention of land or water areas. <br />(h) Acts or uses detrimental to the preservation of the structural integrity or physical <br />appearance of sites or properties of historical, architectural, archaeological, or cultural <br />significance. <br />3. Reserved Rights. Grantor reserves unto itself, and its successors and assigns, all rights <br />accruing from its ownership of the Property, including the right to engage in or permit or invite <br />others to engage in all uses of the Property, that are not expressly prohibited herein and are not <br />inconsistent with the purpose of this Conservation Easement, <br />4. Rights of Grantee. To accomplish the purposes stated herein, Grantor conveys the <br />following rights to Grantee: <br />(a) To enter upon and inspect the Property in a reasonable manner and at reasonable <br />times to determine if Grantor or its successors and assigns are complying with the covenants and <br />prohibitions contained in this Conservation Easement. <br />(b) To proceed at law or in equity to enforce the provisions of this Conservation <br />Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited <br />activities set forth herein, and require the restoration of areas or features of the Property that may <br />be damaged by any activity inconsistent with this Conservation Easement. <br />5. Grantee's Discretion. Grantee may enforce the terms of this Conservation Easement at <br />its discretion, but if Grantor breaches any term of this Conservation Easement and Grantee does <br />not exercise its rights under this Conservation Easement, Grantee's forbearance shall not be <br />construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or <br />
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