2003-090 Council Resolution - Laserfiche WebLink

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(c) Shall not make any vegetative alterations on the Bank Area that do not enhance or would degrade the ecological functions and values of the Bank Area. Vegetative alterations shall be limited to those listed in the approved bank plan; ' (d) Shall not graze livestock on the Bank Area; (e) Shall not place any materials, substances or other objects, nor erect or construct any type • of structure, temporary or permanent, on the Bank Area. (f) Shall not allow vehicular traffic on the Bank Area except for the purpose of implementing construction or maintenance activities specifically authorized in the bank plan. (g) Shall not alter the topography of the Bank Area by any means including plowing, dredging, filling, mining or drilling. (h) Shall not modify the hydrology of the Bank Area in any way or by any means including pumping, draining, ditching, diking, impounding or diverting surface or ground water into or out of the Bank Area. 9. Acknowledge that the Grantor is responsible, at Grantor's cost, for.weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the • public health on the Bank Area. 10. Acknowledge that this Easement may be modified only by the joint written approval of the LGU and the State. If the Bank Area has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. 11. Acknowledge that this Easement may be enforced, at law or in equity, by the LGU or the State. The LGU and the State shall be entitled to recover an award of reasonable attorney's fees from Grantor in any action to enforce this Easement. The right to enforce the terms of this Easement is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject Bank Area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Easement that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 12. Acknowledge that this Easement is not valid, nor can an account for wetland credits be established until the Easement has been accepted by the State, the Grantor has recorded this Easement and the State has received evidence of such recording. BWSR Form: wca- bank -06 (easement).doc Revised 2/12/03 Page 4 of 6