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1137 Sixth Ave N - 26-118-23-34-0009
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conservation easement
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Last modified
8/22/2023 4:18:26 PM
Creation date
1/9/2019 1:15:51 PM
Metadata
Fields
Template:
x Address Old
House Number
1137
Street Name
6th
Street Type
Avenue
Street Direction
North
Address
1137 6th Avenue North
Document Type
Misc
PIN
2611823340009
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4.2. Access. In order to enter the Protected Property, the Land Trust has a right of access <br /> over Outlot B,Spencer Addition, as shown on the Property Map, or any more <br /> convenient alternate approach to the Protected Property that the Owner is entitled to <br /> use now or in the future. <br /> 4.3. Rieht of Enforcement. The Land Trust has the right to prevent or remedy violatioi�s <br /> of this Easement, including prohibiting the construction of buildings or <br /> improvements, through appropriate judicial action brought in any court of competent <br /> jurisdiction against the Owner or other responsible party. <br /> a. Notice. The Land Trust may not initiate judicial action until the Owner has been <br /> � given notice of the violation, or threatened violation, of this Easement and a <br /> reasonable opportunity to correct the situation. This provision shall not apply if, <br /> in the sole discretion of the La,nd Trust, immediate judicial action is necessary to <br /> prevent or mitigate significant damage to the Conservation Values of the <br /> Protected Property or if reasonable, good faith efforts to notify the Owner are <br /> unsuccessful: <br /> � , <br /> b. Remedies: In enforcing this Easement, the Land Trust has the right to: <br /> • Temporary or permanent injunctive relief for any violation or threatened <br /> ` � violation of this Easement. <br /> � . � Require restoration of the Protected Property to its condition at the time of this <br /> , conveyance or as otherwise necessitated by a violation of this Easement. <br /> ! Sgec'ific performance or declaratory relief. <br /> � Recover damages resulting from a violation of this Easement or injwy to any <br /> Conservation�Values associated with the Protected Property. <br /> These remedies are.cumulative and are available without requiring the Land Trust <br /> to prove actual damage to the Conservation Values of the Protected Property. <br /> The Land Trust and the Owner agree that the damages created by a violation of <br /> this Easement may be determined by calculating the cost of acquiring a <br /> conservation easement over similar property. The Land Trust and the Owner also <br /> � recognize that restoration,regardless of cost,may be the only adequate remedy <br /> for certain violations of this Easement. <br /> The Land Trust is entitled to seek expedited relief, ex parte if necessary; and shall <br /> not be required to post any bond applicable to a petition for such relief. <br /> c. Costs of Enforcement. The Owner shall be responsible for all reasonable costs <br /> incurred by the Land Trust in enforcing this Easement, including without <br /> liinitation costs of suit, attorneys' fees, and expenses related to restoration of the <br /> Protected Property. If, however, the Owner ultimately prevails in a judicial <br /> ` 9 <br />
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