New Search
Now, therefore, OWEB and City agree as follows: <br /> 1. Grant of Conservation Easement. City does hereby freely grant to the State of <br /> Oregon acting by and through OWEB as holder, its successors and assigns, forever, a <br /> nonpossessory conservation easement to the Property including the following covenants, <br /> 'i conditions and restrictions. <br /> 2. Restrictions on Use of the Property. The uses of the Property are limited to those <br /> described in Grantee's grant application and those consistent with wetland restoration and <br /> protection, wetlands education, and those uses listed in section 4b of Article XV of the <br /> Oregon Constitution. <br /> i <br /> 3. Right of Entry and Inspection. OWEB has the right, in a reasonable manner and <br /> at reasonable times, to enter and inspect the Property to determine compliance with this <br /> conservation easement. <br /> 4. Duration; Burdens and Benefits. The covenants and restrictions of this <br /> conservation easement are binding on City and its successors and assigns, and shall run <br /> with the Property in perpetuity. The benefits of this conservation easement are in gross <br /> and are assignable, but only to an eligible holder specified in ORS 271.725(1). <br /> ________5. Right_ofEnforcement.__City_and OWEB agree that_there s_no adequate_remedy at <br /> lau~for~nforcen~s~nt_of_flie i~se r~.s ri tions~~~oarth~~~~ction 2 of this conservation <br /> easement, and that OWEB shall be entitled to specific performance of such restrictions. <br /> 7. Maintenance or Repair Taxes or Assessments. OWEB shall have no obligation <br /> or liability for maintenance or repair of the Property, or for the payment of any real estate <br /> 8. Risk Management; Indemnification. City and OWEB acknowledge that each is <br /> insured with respect to tort liability by the State of Oregon Insurance Fund, a statutory <br /> <br /> ~I system of self-insurance established by ORS chapter 278 and subject to the Oregon Tort <br /> Claims Act (ORS 30.260 to 30.300). Each party agrees to accept that coverage as <br /> a equa e insurance o e o er p <br /> damage. City and OWEB each shall be responsible for any negligent acts or omissions of <br /> its own employees or agents under this conservation easement. <br /> 9. Assignment or Disposal. City may not assign or transfer its rights or delegate <br /> its responsibilities under this conservation easement or sell, lease, exchange or otherwise <br /> dispose of the Property without prior written approval from OWEB, which approval shall <br /> not be unreasonably withheld. <br /> 10. Severability. In the event any provision of this conservation easement is <br /> determined by a court to be void and unenforceable, all other terms of this conservation <br /> easement shall remain valid and binding. <br /> Page 2 of 3 Conservation Easement <br /> _ _ <br /> _ _ _ <br /> <br />