Common use of Grant of Conservation Easement Clause in Contracts

Grant of Conservation Easement. Owners hereby create, establish, grant, and convey to City for its benefit and the benefit of the public a conservation easement over the Easement Area to preserve the wetlands, tree masses, drainage-way and floodplain within the Easement Area and to restrict development of the Easement Area subject to the following terms and conditions: A. The following uses and practices, although not an exhaustive recital of the inconsistent uses and practices, are inconsistent with the purposes of this Conservation Easement and shall be prohibited within the Easement Area: i. Construction or placing of buildings, camping accommodations, or mobile homes, fences, signs, billboard or other advertising material, or any other structure; ii. Filling, excavating, grading, dredging, mining or drilling, removal of top soil, sand, gravel, rock, minerals, or other materials; iii. Building of roads, or changing in the topography of the land in any manner excepting the maintenance of foot trails or any work requested by the City; iv. Dumping of ashes, trash, garbage, or other unsightly or offensive material; v. Changing the topography of the land by placing of soil or other substances or materials such as landfill or dredging spoils; vi. Commercial development of any nature; vii. Human introduction of non-native plant species which may compete with and result in decline or elimination of native plant species; viii. Human introduction of non-native animal species which may compete with and result in decline or elimination of native animal species; ix. Any other act which, in the opinion of the City, would be detrimental to the scenic beauty, wildlife habitat, wetlands, the natural beauty, or natural resources of the Easement Area; x. Operation of motorized vehicles except as necessary in the use of the area as provided herein; xi. The broadcast application of pesticides at any time. Spot application of pesticides for the control of noxious weeds as provided by state law will be permitted; xii. Cultivation, planting, or drilling of row crops, small grains, and forages, such as alfalfa and forage sorghum; xiii. Removal of tree masses; xiv. Changing the hydrology of the Easement Area or the land upstream. B. Notwithstanding the provisions in subparagraph A above, parking, private drives and roadways, a future bike path, water quality measures, streambank stability projects, including the removal of dead plant material and select trees as approved by the City, and grading associated with these uses and practices shall be permitted in the Easement Area as shown on the approved plans for Use Permit ▇▇. ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇. ▇▇▇▇, and Special Permit No. 2021. C. The term of this Conservation Easement will be in perpetuity unless earlier terminated pursuant to any of the following provisions: i. By the City pursuant to the provisions of Neb. Rev. Stat. § 76-2,113. ii. By the Lancaster County District Court pursuant to the provisions of Neb. Rev. Stat. § 76-2,114. The parties agree that termination of this Agreement may be total and affect the entire Easement Area, or may be partial and result in the termination of the easement over only a portion of the Easement Area.