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impact the Conservation Values of the Property. The Landowner expressly reserves the following <br /> rights: <br /> 3.1 The right to sell, give, bequeath, mortgage, lease or otherwise encumber or convey the Property, <br /> provided that: <br /> a. Such encumbrance or conveyance is subject to the terms of this Easement. <br /> b. The Landowner incorporates the terms of this Easement by reference in any subsequent deed <br /> or other legal instrument by which Landowner transfers any interest in all or part of the <br /> Property. <br /> c. The Landowner notifies the County of any conveyance in writing within fifteen (15)days <br /> after the conveyance, and provides the County with the name and address of the recipient of <br /> the conveyance and a copy of the legal instrument transferring rights. <br /> d. Failure of the Landowner to perform any act required in Subparagraphs 3.1 b. and 3.1 c. <br /> shall not impair the validity of this Easement or limit its enforceability in any way. <br /> 4. County's Rights and Remedies. In order to accomplish the Purpose of this Easement, Landowner <br /> expressly conveys to County the following rights and remedies: <br /> 4.1 Preserve Conservation Values. County has the right to preserve and protect the Conservation <br /> Values of the Property. <br /> 4.2 Prevent Inconsistent Uses. County has the right to prevent any activity on or use of the Property <br /> that is inconsistent with the Purpose of this Easement and to require the restoration of areas or <br /> features of the Property that are damaged by any inconsistent activity or use, pursuant to the <br /> remedies set forth below. <br /> 4.3 Enter the Property. County has the right to enter the Property to inspect it and monitor <br /> compliance with the terms of this Easement; obtain evidence for use in seeking judicial or other <br /> enforcement of the Easement; survey or otherwise mark the boundaries of all or part of the <br /> Property if necessary to determine whether there has been or may be a violation of the Easement; <br /> and otherwise exercise its rights under the Easement. The County shall provide prior notice to <br /> the Landowner before entering the Property, except in cases where there is an emergency or the <br /> County determines immediate entry is necessary to prevent, terminate or mitigate a violation of <br /> the Easement. <br /> 4.4 Remedy Violations. The County has the right to enforce the terms of this Easement and prevent <br /> or remedy violations through appropriate legal proceedings. <br /> a. Notice of Violation and Corrective Action. If the County determines that a violation of the <br /> terms of this Easement has occurred or is threatened, the County may initiate judicial action <br /> after the Landowner has been given written notice of the violation or threatened violation, <br /> and at least thirty (30) days to correct the violation. This provision shall not apply if, in the <br /> discretion of the County, immediate judicial action is necessary to prevent or mitigate <br /> significant damage to the Property or if good faith efforts to notify the Landowner are <br /> unsuccessful. <br /> 7 <br />