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7 <br />consideration for granting this easement to the Grantee and restricting the uses of the <br />Easement Area. <br />I. Grantor and Grantee acknowledge that the characteristics of the Easement <br />Area, its current use and state of improvement are described in Exhibit C, which is the <br />appropriate basis for monitoring compliance with the objectives of preserving the <br />conservation and water quality values; and that the Exhibit C is not intended to preclude the <br />use of other evidence (e.g. surveys, appraisals) to establish the present condition of the <br />Easement Area if there is a controversy over its use. <br />NOW, THEREFORE, in consideration of the premises and the mutual benefits recited <br />herein, together with other good and valuable consideration, the receipt and sufficiency of <br />which is hereby acknowledged by the parties hereto, the Grantor hereby unconditionally and <br />irrevocably gives, grants and conveys forever and in perpetuity to the Grantee, its successors <br />and assigns, and the Grantee hereby accepts, a Deed of Conservation Easement of the nature <br />and character and to the extent hereinafter set forth in, over, through and across the Easement <br />Area, together with the right to preserve and protect the conservation values thereof as <br />described in the Recitals herein. <br />The purposes of this Conservation Easement are to provide environmental <br />protection for surface waters and to protect the wildlife and natural heritage values and it shall <br />be so held, maintained, and used therefore. It is the further purpose of this Conservation <br />Easement to prevent any use of the Easement Area that will significantly impair or interfere <br />with the preservation of said conservation values. Grantor intends that this Conservation <br />Easement will restrict use of the Easement Area to such activities as are consistent with the <br />conservation values described in the Recitals herein. <br />ARTICLE I. DURATION OF EASEMENT <br />This Conservation Easement shall be perpetual. It is an easement in gross, <br />runs with the land, and is enforceable by Grantee against Grantor, its representatives, <br />successors, assigns, lessees, agents and licensees. <br />ARTICLE IL RIGHTS RESERVED TO GRANTOR <br />Grantor reserves certain rights accruing fiom fee simple ownership of the <br />Easement Area, including the right to engage in or perrnit others to engage in uses of the <br />Easement Area that are not inconsistent with the pupose(s) of this Conservation Easement. <br />All rights reserved by Grantors are reserved for Grantors, their representatives, successors, and <br />assigns, and are considered to be consistent with the conservation puposes of this <br />Conservation Easement. The following rights are expressly reserved: <br />A. Passive Recreational Use. The Grantor reserves the right to engage and to <br />allow others to engage in passive recreational uses of the Easement Area, requiring no surface <br />alteration of the land and posing no threat to conservation values, including, without <br />7 <br />