Res 2012-007 - Laserfiche WebLink

Home Browse Search

A. To preserve the natural condition of the Easement Area; B. To protect the Easement Area's natural resources, watershed, recharge water quality, and ecological integrity. The Easement Area is a significant contributor to recharge of the Edwards Aquifer which is a primary source of drinking water for most of Hays County. Protection of the quantity and quality of recharge in the Edwards Aquifer is a paramount concern for the City, the Authority and the citizens of Hays County. The City and the Authority wish to protect the quantity and quality of recharge by placing these restrictions on the Easement Area and will continue to do so in perpetuity. C. To protect and preserve native vegetation, habitat and native wildlife including threatened and endangered species; D. To protect significant important natural habitat such as dry to mesic juniper -oak slope /canyon floor forests, dry grassland openings and microhabitats provided by intermittent streams. These habitats provide breeding, feeding, sheltering, nesting, and foraging habitat for the Golden - cheeked Warbler and Black capped Vireo, two bird species listed as endangered under the federal Endangered Species Act that are endemic to this area. As a condition for the provision of funding from The Nature Conservancy, a District of Columbia non - profit corporation ( "TNC "), for this Easement, the City and the Authority acknowledge and agree that preservation of Golden - cheeked Warbler habitat is one of the significant Conservation Values to be protected by this Easement and retains its importance even during times or in the event that the Golden - cheeked Warbler does not physically occupy habitat on or in the immediate vicinity of the Easement Area. Accordingly, the following additional restrictions are imposed: (1) An approximately 30 acre area of land within the Easement Area as shown in Exhibit "B," attached hereto and made a part hereof for all purposes is designated as a "Habitat Preserve." Within the Habitat Preserve, the following is prohibited except when necessary for emergency preparedness and response, fire prevention, significant public safety situations, or otherwise with the approval of the United States Department of Fish and Wildlife: (a) the removal, cutting, or harvesting of brush, vegetation, Ashe junipers (commonly called "cedar ") or oaks; (b) the use of heavy machinery such as dozers, backhoes, tractors and road maintainers; or (c) the construction of utilities and facilities. E. To provide for the research, educational and monitoring activities of the Authority; F. To add the Easement Area to the San Marcos Regional Park Preserve and restrict the property to low impact human activities such as hiking, bicycling, picnic activities and camping, interpretive activities related to the Easement Area, and related maintenance activities; and Page 2 of 9 1133456v 1 11212/01015