Agenda - 09-15-2009 - 6a - Laserfiche WebLink

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. 11N8WI1 ~, "Report's that is on file in the offices of the Grantor and the Fund, and available for public inspection. The Parties acknowledge that the Report is the appropriate basis for monitoring compliance with the objectives of preserving the conservation and water quality values; and that it is not intended to preclude the use of other evidence {e.g. surveys, appraisals) to establish the present condition of the Easement Area if there is a controversy over such present condition. NOW, THEREFORE, in consideration of the premises and the mutual benefits recited herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the Grantor hereby unconditionally and irrevocably gives, grants and conveys forever and in perpetuity to the State, its successors and assigns, and the State hereby accepts, this Conservation Easement of the nature and character and to the extent hereinafter set forth in, over, through and across the Easement Area, together with the right and easement to preserve and protect the Conservation Values. The purposes of this Conservation Easement are to provide environmental protection for surface waters and to protect the wildlife and natural heritage values and it shall be so held, maintained, and used therefore. It is the fin-ther purpose of this Conservation Easement to prevent any use of the Easement Area that will significantly impair or interfere with the preservation of said Conservation Values. Grantor intends that this Conservation Easement will restrict the use of the Easement Area to such activities as are consistent with the Conservation Values described in the Recitals herein. ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by State against Grantor, its representatives, successors, assigns, lessees, agents and licensees. ARTICLE II. RIGHTS RESERVED TO GRANTOR Grantor reserves certain rights accruing from the fee simple ownership of the Easement Area, including the right to engage in or permit others to engage in the uses of the Easement Area that are not inconsistent with the purpose(s) of this Conservation Easement. All rights reserved by the Grantor, are reserved for Grantors, their representatives, successors, and assigns, and are considered to be consistent with the conservation purposes of this Conservation Easement. The provisions, conditions, and restrictions of this Conservation Easement apply to the Easement Area. Except for the specific restrictions and prohibitions made applicable herein to the Easement Area, Grantor shall continue to own and may use the Easement Area in any lawfiil manner. Grantor expressly reserves the following rights: A. Passive Recreational Use. Grantor reserves the right to engage and to permit others to engage in passive recreational uses of the Easement Area as provided herein, and by Fund approved amendments thereto, requiring minunal surface alteration of the land, so long as related alterations, construction, improvements, maintenance, activities and uses pose no threat to the conservation values of the Easement Area.