2015-041 Council Resolution - Laserfiche WebLink

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• 7. Acknowledge that this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 8. Acknowledge that, unless expressly authorized in writing by the LGU in the approved bank plan, Grantor: (a) Shall not produce agricultural crops on the Bank Easement Area, except that this provision does not restrict the harvest of the seeds of native vegetation if only the seed - head is removed in the process of harvest and does not involve the use vehicular, motorized equipment; (b) Shall not cut hay, mow vegetation or cut timber on the Bank Easement Area except as allowed or prescribed in the Bank Plan; (c) Shall not make any vegetative alterations on the Bank Easement Area that do not enhance or would degrade the ecological functions and values of the Bank Easement Area. Vegetative alterations shall be limited to those listed in the approved bank plan; (d) Shall not graze livestock on the Bank Easement 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 Easement Area; • (f) Shall not allow vehicular traffic on the Bank Easement 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 Easement Area by any means including plowing, dredging, filling, mining or drilling; and (h) Shall not modify the hydrology of the Bank Easement 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 Easement 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 Easement Area. 10. Acknowledge that this Easement may be modified only by the joint written approval of the LGU and the State. If the Bank Easement 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 BWSR Form: wca-bank-13 (easement).doc Revised 3/12/14 Page4of7