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PD BACKGROUND REPORT (PL-PDI-2022-000004)
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2023-03-16 Leeward
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Item #2 Planning Director Initiated (PL-PDI-2022-00004)
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PD BACKGROUND REPORT (PL-PDI-2022-000004)
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Entry Properties
Last modified
3/10/2023 3:34:33 PM
Creation date
3/7/2023 2:49:28 PM
Metadata
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Template:
Plan Doc Template
Document Date
3/6/2023
Other Parcel Numbers
820120120000; 820120130000; 820120140000; 820120150000; 820011010000
Permit Number
PL-PDI-2022-000004
Parcel Number
820120010000
Description
PD BACKGROUND REPORT
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G. Grantor desires that the Conservation Values of the Protected Property be <br />preserved and maintained in perpetuity by permitting only those uses of the Protected Property <br />that do not significantly impair or interfere with the Conservation Values. And Grantee desires <br />to accept this Easement to preserve and protect in perpetuity the Conservation Values of the <br />Protected Property for the benefit of this generation, and the generations to come. <br />NOW THEREFORE, in consideration of the mutual covenants, terms, conditions, and <br />restrictions contained in this Easement, Grantor hereby voluntarily grants, conveys and warrants <br />to Grantee a conservation easement in perpetuity over the Protected Property, as defined in this <br />Easement, subject only to the mutual covenants, terms, conditions and restrictions contained in <br />this Easement and title matters of record as of the date of this Easement. <br />COVENANTS AND RESTRICTIONS <br />9. Purpose. The purpose of this Easement is to preserve the traditional forest <br />values of the Protected Property (defined as the Conservation Values), subject to the limited <br />use rights set forth herein (the "Purpose"), which Conservation Values include, but are not <br />limited to, the capacity of the Protected Property to sustainably produce commercial wood <br />products and other agricultural or agroforestry products consistent with the establishment and <br />maintenance of a productive and healthy forestland provided by, or anticipated to be restored on <br />the Protected Property; and (to the extent it is consistent with the sustainable resource <br />production values of the Protected Property), the relatively natural habitat provided by the <br />Protected Property, the historically and culturally sensitive features of the Protected Property, <br />and the open space characteristics of the Protected Property. <br />2. Rights Conveyed to Grantee. To accomplish the Purpose of this Easement the <br />following rights are conveyed to Grantee: <br />(a) Protection: Grantee has the right to enforce the provisions of this <br />Easement so as to: (i) preserve and protect the Protected Property in perpetuity; (ii) prevent any <br />use of or activity on the Protected Property that will significantly impair or interfere with the <br />Conservation Values; and (iii) enhance the Conservation Values of the Protected Property. <br />(b) Access: Grantee has the right to reasonable access to the Protected <br />Property to carry out the Purpose of this Easement as described below: <br />(i) To enter the Protected Property at least annually, at a reasonable <br />time and upon prior written notice to Grantor, for the purpose of making inspections to monitor <br />compliance with this Easement or to make a determination regarding the appropriateness of a <br />requested use or activity. <br />(ii) To enter the Protected Property at such other times as are <br />necessary if Grantee, in its sole discretion, has reason to believe a violation of the Easement is <br />occurring or has occurred, for the purpose of mitigating or terminating the violation and <br />otherwise enforcing the provisions of this Easement. Such entry shall be upon prior reasonable <br />notice to Grantor of not less than 24 hours, and Grantee shall not in any case unreasonably <br />interfere with Grantor's allowed uses and quiet enjoyment of the Protected Property. <br />(c) Enforcement: Grantee has the right to enforce this Easement and the <br />covenants and restrictions herein, including, but not limited to, the right to enjoin any use of, or <br />activity on, the Protected Property that is inconsistent with the terms and Purpose of t <br />. pro. <br />LDoPartmem of ow <br />419699 l.D(3C 4 A1lorney Ce~4 <br />
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