Agenda - 11-18-2003-8h - Laserfiche WebLink

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consideration for granting this easement to the Grantee and restricting the uses of the Easement Area. I. Grantor and Gn urtee acknowledge that the characteristics of the Easement Area, its current use and state of improvement are described in Exhibit C, which is the appropriate basis for monitoring compliance with the objectives of preserving the conservation and water quality, falues; and that the Exhibit C 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 Conti oversy over its use. NOW, THEREFORE, iv i consideration of the premises and the mutual benefits recited herein, together with other goc d 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 cc nveys forever and in perpetuity to the Grantee, its successors and assigns, and the Grantee hereby accepts, a Deed of Conservation Easement of the nature and character and to the extent ] iereinafter set forth in, over, through and across the Easement Area, together with the right to preserve and protect the conservation values thereof as described in the Recitals herein. The purposes of this Conservation Easement are to provide environmental protection for surface waters an i to protect the wildlife and natural heritage values and it shall be so held, maintained, and u, >ed therefore. It is the further purpose of this Conservation Easement to prevent any use oi' the Easement Area that will significantly impair or interfere with the preservation of said -,onservation values. Grantor intends that this Conservation Easement will restrict use of the Easement Area to such activities as are consistent with the conservation values described ir. the Recitals herein. ARTIC ILE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is e lforceable by Grantee against Grantor, its representatives, successors, assigns, lessees, age: its and licensees. ARTICLE I'[. RIGHTS RESERVED TO GRANTOR Grantor reserves certain rights accruing from fee simple ownership of the Easement Area, including the right to engage in or permit others to engage in uses of the Easement Area that are not inconsistent with the purpose(s) of this Conservation Easement. All rights reserved by Grantors; ire reserved for Grantors, their representatives, successors, and assigns, and are considered to be consistent with the conservation purposes of this Conservation Easement. The following rights are expressly reserved: A. Passive Recreational Use. The Grantor reserves the right to engage and to allow others to engage in passiN e recreational uses of the Easement Area, requiring no surface alteration of the land and posing no threat to conservation values, including, without