TD-24-00005 Spiritwind Farm I - Laserfiche WebLink

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5. Grantor expressly intends that this TDRE runs with the land and that this Easement be perpetually binding upon Grantor, Grantor’s successors and assigns unless terminated due to changed circumstances as provided in Section 8 herein. Section 3. Purpose. The purpose of this TDRE is to remove the possibly of residential development on qualifying farmland, forest land, land containing critical areas and/or frequently flooded areas, as provided for in KCC 17.13, by transferring residential development rights from those lands, designated as "sending sites," to other eligible locations, known as "receiving sites". This is achieved by acquiring and extinguishing the residential development rights on sending sites and converting them into TDR Density Credits. The program allows for the transfer of these credits to receiving sites to increase density beyond the underlying zoning limitations. Uses of the sending site(s) after extinguishment of the residential development rights are allowed pursuant to KCC 17.13 and the underlying zoning code. Section 4. Rights Conveyed to Grantee. To accomplish the Purpose, the following rights are provided to Grantee by this Easement: 1. The right to enter the Property at reasonable times in order to monitor Grantor’s compliance with and to enforce the terms of this Easement, provided that such entry shall be conducted with a minimum of 24 calendar-day written notice. Such visit shall not in any case unreasonably interfere with Grantor’s use and quiet enjoyment of the Property. No right of access by the general public to the Property is authorized by this Easement without the Grantor’s prior consent. 2. The right to enforce the terms of this Easement, as provided for in Section 7, including the right to require the restoration of the Property to its condition prior to any violation of the terms of this Easement. 3. No other rights are granted to Grantee other than those listed in Subsections 1. and 2. of this section. Section 5. Prohibited Uses and Activities. 1. Grantor is prohibited from engaging in or permitting any of the following uses or activities on the Property: 2. Grantor shall not use the Residential Development Rights now or hereafter associated with the Property for Residential Development as the Residential Development Rights are permanently removed and extinguished from the Property. 3. Grantor shall not undertake any division, subdivision or partitioning of the Property, whether by physical or legal process, which includes, but is not limited to, any subdivision, short subdivision, platting, binding site plan, administrative segregations, boundary line adjustments, intervening ownership, one-time lot split, or other process by which the Property is divided into lots or in which title to different portions of the Property are not held in unified ownership (“Land Division”), unless such Lan d Division allocates the Reserved Development Rights, if any, between the divided parcels of Property in a manner consistent with the terms of this Easement. This Easement shall continue to encumber all portions of the Property despite not being held in unified ownership. 4. Grantor shall not construct any Residential buildings, Residential dwellings, Residential structures, or other Residential improvements of any kind on the Property except as provided in Section 6.