A landscape buffer clause specifies the requirements for a designated area of vegetation or natural landscaping between properties or areas of development to provide visual screening, noise reduction, and environmental benefits. This clause typically outlines the dimensions, maintenance responsibilities, and types of plants or materials to be used to ensure effective separation and compliance with zoning or development regulations.
Landscape Buffer – shall mean and refer to the specific rights, privileges and easements which are established on the Land by Landlord or on individual Building Sites by Landlord or Tenant thereof subsequent to approval pursuant to Section 6.3 hereof by the recording of a Declaration of Easement in the records of the Clerk and Recorder of Bernalillo County, New Mexico. If required by the Architectural Review Committee, with respect to an individual Building Site, the submittal of the Declaration of Easement to the Architectural Review Committee by Tenant shall be mandatory prior to the time of Site Plan approval by the Architectural Review Committee, in accordance with the provisions of Section 6.3 hereof. All such rights, privileges and easements shall be for the benefit of Landlord, all other Tenants and the Land. Such rights, privileges and easements shall be a nonexclusive easement over, across and under a portion of the Building Site or the Land for the purpose of permitting the installation and maintenance of initial landscaping and replacements thereof, including, but not limited to, the sprinkler system serving the landscaping;
EASEMENTS AND RIGHTS OF ENJOYMENT IN THE LANDSCAPE BUFFER. Subject to the provisions hereinafter set forth in this Section 9, Landlord and Tenants and Subtenants specified or designated by Landlord shall have a right and easement of enjoyment in and to the Landscape Buffer located in individual Building Sites as established from time to time by the Architectural Review Committee by the recording of a Declaration of Easement in the office of the Clerk and Recorder of Bernalillo County, New Mexico, in accordance with the provisions of Section 6 hereof.
TITLE TO LANDSCAPE BUFFER. Landlord and the Tenants and Subtenants specified or designated by Landlord shall be designated as grantee in the Declaration of Easement to be granted by a Tenant with respect to the Landscape Buffer to be located on its Building Site. Such easements shall be for the benefit and enjoyment of Landlord and such Tenants and Subtenants as specified or designated by Landlord for the purpose of installing and maintaining (including repair and replacement) certain landscape improvements thereon. Notwithstanding anything contained herein to the contrary, the Tenant of any Building Site retains legal title to the leasehold estate encumbered by the Landscape Buffer.
With respect to the Norcross, GA Mortgaged Property (having an allocated loan amount of $3,250,000, or approximately 8.2% of the original principal amount), the property has a deficient landscape buffer along its western boundary line. As a condition of approval (RZ-140-86), the owner is required to maintain a 10 foot landscape buffer along the south and west boundary lines that are adjacent to residential uses. Currently, paved area encroaches into the landscaped buffer area that is required. The loan documents include a borrower covenant to comply with applicable laws, specifically including landscape buffer requirements at the Norcross, GA Mortgaged Property, in the event that the governmental authorities institute an enforcement action.
A landscape buffer is a design element used in urban planning and architecture to create a visual screen or barrier, typically composed of vegetation, to separate and define spaces. It serves several functions, such as enhancing privacy, reducing noise pollution, and improving the aesthetic appeal of an area. Landscape buffers are often implemented in settings where a transition between different land uses is needed, such as between commercial and residential zones.
You should use a landscape buffer in the following situations:
Writing a landscape buffer plan involves several key steps:
Landscape buffers are often included in the following types of contracts:
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Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
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