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#06 - Cardinal Ridge Watermain Alternatives
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#06 - Cardinal Ridge Watermain Alternatives
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as reasonably required for other activities or uses permitted by the terms of this Open Space <br />Easement. <br />14. Signs. Owner shall not erect or install any signs or billboards on the Protected <br />Land without consent of the City. <br />15. City's Approval. The Owner may not change the use of the Protected Land <br />as described in the City's Development File without prior written approval of the City so that <br />the City can determine if the proposed change is consistent with this Open Space Easement <br />and maintains or enhances the Conservation Values of the Protected Land. Owner shall <br />submit a request in writing to the City at least ninety days prior to the proposed date of <br />commencement of the use in question . The request shall set out the use for which approval <br />is sought, its design and location, the impact of the proposed use on the Conservation Values <br />of the Protected Land, and other material information in sufficient detail to allow the City <br />to make an informed judgment that the proposed use is or is not consistent with this Open <br />Space Easement or would adversely effect the Conservation Values of the Protected Land. <br />The City shall notify Owner in writing of its decision within sixty days of its receipt of <br />Owner's request. Where the proposed use or modification of use requires a development <br />permit or other approval from the City pursuant to the City's Development Regulations, the <br />Owner shall follow the process described in such regulations and the City shall notify the <br />Owner of its decision within sixty (60) days of receipt of a completed application from the <br />Owner. The City may withhold its approval only on a reasonable determination that the <br />proposed use would be inconsistent with this Open Space Easement, impairs the <br />Conservation Values of the Protected Land, results in violation of any applicable law or <br />regulation or that it lacks information in sufficient detail to reach an informed judgment that <br />the proposed use is or is not consistent with this Open Space Easement. The City may <br />condition its approval on the Owner's acceptance of modifications which, in the City's <br />judgment, would make the proposed use, as modified, consistent with this Open Space <br />Easement or protects the Conservation Values of the Protected Land. <br />16. Public Access. No right of access by the public to any portion of the <br />Protected Land is conveyed by this Open Space Easement. <br />17 . Reserved Rights. Owner reserves all rights accruing from its ownership of <br />the Protected Land including, without limitation, the right to engage in or allow others to <br />engage in all activities or uses of the Protected Land that are not prohibited or limited by this <br />Open Space Easement or the City's Development Regulations, the right to exclude all or any <br />of the public from the Protected Land and to sell or trans fer all or part of the Protected Land <br />subject to this Open Space Easement. Owner shall inform all others who exercise any right <br />5
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