201403613 - Laserfiche WebLink

Browse

2014036/3 3.24 Density. Neither the Property nor any portion of it shall be included as part of the gross area of other property not subject to this Conservation Easement for the purposes of determining density, lot coverage, or open space requirements under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred to any other lands pursuant to a transferable development rights, scheme cluster development arrangement or otherwise; provided, however, that with prior written permission of the Grantee, this paragraph shall not preclude such transfer of development rights resulting from the destruction or demolition of any existing residential building on the Property. 4. ADDITIONAL RIGHTS OF GRANTEE. Grantee, Grantee's heirs, successors and assigns, hold all rights as owners of the Property to use the Property for all purposes that are not expressly prohibited herein and that are not inconsistent with this Conservation Easement. Without limiting the generality of the foregoing, the following rights are expressly held by Grantee: 4.1 Transfer. The right to sell, give, mortgage, lease, or otherwise convey the Property subject to the terms of this Conservation Easement and consistent with the Conservation Values of this Conservation Easement. 4.2 Agricultural Uses. Notwithstanding the provisions of Section 3 above, the Property may be used to grow and harvest native hay for commercial or noncommercial use and to graze Permitted Livestock. Feeding measures allowable include, but are not limited to, haying, caking and furnishing salt and minerals. Grantee may use water from wells to provide drinking water to Permitted Livestock, but may not build dams for watering purposes. 4.3 Existing Improvements. Grantee shall have the right to maintain, remodel, remove, replace and repair existing fences,and roads, and in the event of their destruction, to reconstruct any such existing fences and roads with another of similar function, capacity, location and material, unless otherwise approved by Conservancy. 4.4 Permitted Structures. With prior written approval as to location, dimensions and design, Grantee may construct of a small storage shed. With prior written approval as to location, dimensions and design, Grantee may erect structures to generate power only if the power generated is used exclusively on the Property, to operate a well or otherwise for the activities allowed in this Conservation Easement so long as these improvements do not significantly impair or interfere with the Conservation Values. Grantee may construct temporary hunting blinds. Grantee shall at all times use best efforts and practices in the construction of permitted structures to minimize impact on the Conservation Values. All new construction shall be sited as to cause the least disturbance to the Conservation Values of the Property. Grantee agrees to use best efforts to site any new construction in such a Page 12 of 24 Pages