|
In addition to the provisions in said subsections A through and K,above, and to the
<br /> extent not in conflict with those provisions,no alteration, change,modification,
<br /> installation, or construction, of any type or nature,whether temporary or permanent,
<br /> structural, aesthetic, or otherwise(collectively referred to in this Agreement as the
<br /> "Alterations"), shall occur on or within the Easement Premises unless and until the
<br /> Alterations are approved by the Association(or an architectural committee established by
<br /> the Association)pursuant to the terms of the Declaration;provided,that any portion of a
<br /> Sewage Treatment System within a Lot shall be maintained,repaired, and replaced by the
<br /> owner(s)of the Lot as set forth in the Declaration(and each such owner has the right to
<br /> perform such maintenance,repair, and replacement(as well as does the Association in
<br /> the event such maintenance,repair, and replacement is not properly performed by such
<br /> owner(s)).
<br /> 2. Prohibition of Sewage Treatment System in Wetland Area. No Sewage Treatment
<br /> System shall be located within the wetland area depicted on the Plat.
<br /> 3. Rights of the City. Grantor,its successors and assigns,further grants to the City the
<br /> affirmative right,but not the obligation,to do the following on the Easement Premises:
<br /> A. Preserve,improve, and enhance the slope,trees,vegetation, and natural habitat by
<br /> altering, clearing, and removing trees or other vegetation,by changing the contour
<br /> of the land,and by planting trees or other vegetation.
<br /> B. Enter upon the Easement Premises at any time to enforce compliance with the
<br /> terms of this Agreement.
<br /> 4. Reservation of Rights of and by Grantor. Grantor reserves for itself and for its successors
<br /> and assigns and its invitees, and for the Association and for the owners and occupants of
<br /> the Lots (and their families, visitors, and invitees), the right to enter upon the Easement
<br /> Premises and to do and perform on the Easement Premises such acts as are not
<br /> inconsistent with the easement rights granted to the City herein. Such uses shall be
<br /> deemed to include,but not be limited to,planting of trees,flowers, and other vegetation
<br /> consistent with a conservation easement;walking along trails and paths;bird watching;
<br /> the study of nature; and all other acts of a similar nature or purpose. In addition to the
<br /> provisions of this Section 4,or any other provision in this Agreement, and if not in
<br /> conflict with any such provision(s),no actions or activities by any person on or within the
<br /> Easement Premises shall violate the provisions of the Declaration or the Association's
<br /> Bylaws, Articles of Incorporation, or Rules and Regulations(all as may be amended,
<br /> modified or supplemented from time to time).
<br /> 5. Grant of Flowage Easement. Grantor hereby grants, gifts, quit claims and conveys to the
<br /> City a perpetual flowage easement and right and privilege to trespass with water over and
<br /> upon any or all of the Easement Premises,but not to the detriment of the Lots, the
<br /> Common Elements,the Association,or the owners or occupants of the Lots.
<br /> 804979.v4
<br /> 3
<br />
|