Uses in General. The Protected Property shall be used as a public park that promotes and protects water quality. There shall be no agricultural, commercial or industrial activity undertaken or allowed; nor shall any new right of passage across or upon the Protected Property be allowed or granted if that right of passage is used in conjunction with agricultural, commercial, or industrial activity. Grantor shall have the right to construct, operate, and maintain on the Protected Property limited facilities for public recreation, including but not limited to picnic shelter, bathrooms, playground, benches, picnic tables, art, parking lot, and informative signage; provided that (1) a master plan, or updates to an existing master plan relating to projects more limited in scope, shall be prepared by Grantor and provided to Grantee that describes the location, size, configuration, and design elements minimizing impacts to or promoting Conservation Values (the “Master Plan”); (2) written approval of the Grantee must be obtained before any construction may begin, which approval shall not be unreasonably withheld; (3) design and implementation of the Master Plan or its updates will not, in Grantee’s reasonable opinion, impair the Conservation Values of the Protected Property; and (4) maintenance activities involving installation of impervious surfaces or a single project disturbing land cover (vegetation or soil) in an area greater than 100 square feet shall first be approved in writing by Grantee, which approval shall not be unreasonably withheld.
Appears in 2 contracts
Sources: Conservation Easement, Conservation Easement
Uses in General. The Protected Property shall be used as a public park that promotes and protects water quality. There shall be no agricultural, commercial or industrial activity undertaken or allowed; nor shall any new right of passage across or upon the Protected Property be allowed or granted if that right of passage is used in conjunction with agricultural, commercial, or industrial activity. Grantor shall have the right to construct, operate, and maintain on the Protected Property limited facilities for passive public recreation, including but not limited to picnic shelter, bathrooms, playgrounda greenway trail, benches, picnic tables, art, parking lot, and informative signage; provided that
(1) a master plan, or updates to an existing master plan relating to projects more limited in scope, shall be prepared by Grantor and provided to Grantee that describes the location, size, configuration, and design elements minimizing impacts to or promoting Conservation Values (the “Master Plan”);
(2) written approval of the Grantee must be obtained before any construction may begin, which approval shall not be unreasonably withheld;
(3) design and implementation of the Master Plan or its updates will not, in Grantee’s reasonable opinion, impair the Conservation Values of the Protected Property; and
(4) maintenance activities involving installation of impervious surfaces or a single project disturbing land cover (vegetation or soil) in an area greater than 100 square feet shall first be approved in writing by Grantee, which approval shall not be unreasonably withheld.
Appears in 2 contracts
Sources: Conservation Easement, Conservation Easement