2005 039 Ordinance - Laserfiche WebLink

Home Browse Search

(b) Removing nuisance and/or non-native flora and fauna by lawful means; and (c) Placing nesting structures for birds; and (d) Conducting biological surveys; and (e) Placing soil and/or rock as may be necessary to further the Conservation Purpose of the herein grants of easement. The Village, it successor and assigns shall keep the Conservation Area free of any liens arising out of any work performed for, materials futnished to or obligations incurred by or on behalf of the Village or its successors or assigns and shall indemnify and hold harmless AIK-SOM for any claims; liens or damages resulting from the Village's Management Activities. 3. Terms, Conditions and Restrictions Upon Use. The following terms, conditions and restrictions are placed upon the use of the Conservation Area by AIK-SOM and the Village: (a) With the exception of the Drainage Lines, the bio-detention basin constructed within the Bio-Detention Area, and improvements made to the Bike Path Area, no buildings, walkways, billboards, signs and/or- other structures, either temporary or permanent, which erection may require altering the topography of the Conservation Area sha11 be placed or erected by AIK-SOM or the Village; and . (b) There shall be no dumping of trash, ashes, garbage or waste by AIK-SOM or the Village; and (c) There shall be no activity, action or use reasonably determined by the Village to be detrimental or adverse to woodlands conservation, soil conservation, or bird, plants, and wildlife or habitat preservation; and (d) There sha11 be no operation of cars, trucks, snowmobiles, motorcycles or any other recreational motorized vehicles except as necessary by the Village to accomplish the Conservation Purpose. AIK-SOM shall have five (5) days written notice prior to such entry; and (e) With the exception of the Bike Path Area, tlie public shall not have access to the Conservation Area and AIK-SOM expressly retains the right to exclude persons from entry who are not authorized by AIK-SOM or the Village to enter. II. THE BIO-DETENTION BASIN AND EASENIENT AIK-SOM reserves to itself, its successors and assigns and future owners of the AIK- SOM Property or any portion thereof a perpetual easement over the portions of the Conservation Area and the Bio-Detention Area that are situated upon the AIK-SOM Property, and the Village grants to AIK-SOM, its successors and assigns and future owners of the AIK-SOM Property or any portion thereof a perpetual easement over the portions of the Conservation Area and the Bio- Detention Area that are situated upon the Village Property, for the purposes described below. 1. Bio-Detention Easement Purpose. The foregoing reservation and mutual grant of the Bio-Detention Easement is made for the purposes of constructing, installing, using, operating, repairing, replacing and maintaining a retention/detention basin and all equipment, fixtures, facilities, pipes and valves related or pertinent thereto on, over and under the Conservation Area and the Bio-Detention Area for purposes of permitting the drainage of storm water from the CLEV 1997_1472356_S.DOC 4