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Form #973"Forever Wild" Easement
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"Forever Wild" Easement - Free Legal Form
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"Forever Wild"
easement.Â
Dated _________
_________ of _________, Grantor, is the owner in fee
simple of certain real property, called the "Protected Property,"
which has aesthetic, scientific, educational and ecological value in its
present state as a natural area which has not been subject to development or
exploitation, which property is described as follows: [Legal description of the
land.]
[Insert name of conservation organization or public
body], Grantee, is a [non-profit corporation incorporated under the laws of
_________] or [public body] whose purpose is to [preserve and conserve natural
areas for aesthetic, scientific, charitable and educational purposes].
The Grantor and Grantee recognize the natural scenic,
aesthetic and special character of the region in which the Protected Property
is located, and have the common purpose of conserving the natural values of the
Protected Property by the conveyance to the Grantee of a Conservation Easement
on, over and across the Protected Property, which shall conserve the natural
values of the Protected Property, conserve and protect the animal and plant
populations, and prevent the use or development of that property for any
purpose or in any manner which would conflict with the maintenance of the
Protected Property in its natural, scenic and open condition for both this
generation and future generations.
"Aesthetic, scientific, educational and
ecological value," "natural, scenic and open condition" and
"natural values" as used in this easement shall, without limiting the
generality of the terms, mean the condition of the Protected Property at the
time of this grant, evidenced by reports, photographs, maps and scientific
documentation possessed (at present or in the future) by the Grantee which the
Grantee shall make available on any reasonable request to the Grantor,
Grantor's heirs and assigns;
The Grantor, for and in consideration of the facts
above recited and of the mutual covenants, terms, conditions and restrictions
contained in this easement and as an absolute and unconditional gift conveys to
the Grantee, its successors and assigns, forever a Conservation Easement in
perpetuity over the Protected Property consisting of the following:
1 The right of view of the Protected Property in its
natural, scenic, and open condition;
2 The right of the Grantee, in a reasonable manner and
at reasonable times, to enforce by proceedings at law or in equity the
covenants set forth below, including but not limited to, the right to require
the restoration of the Protected Property to the condition at the time of this
grant. The Grantee, or its successors or assigns, does not waive or forfeit the
right to take action as may be necessary to insure compliance with the
covenants and purposes of this grant by any prior failure to act;
3 The right to enter the Protected Property at all
reasonable times for the purpose of inspecting the Protected Property to
determine if the Grantor, or Grantor's heirs or assigns, is complying with the
covenants and purposes of this grant; and further to observe and study nature
and to make scientific and educational observations and studies in such a
manner as will not disturb the quiet enjoyment of the Protected Property by the
Grantor, Grantor's heirs and assigns.
And in furtherance of these affirmative rights, the
Grantor makes the following covenants, on behalf of Grantor's self, heirs and
assigns, which covenants shall run with and bind the Protected Property in
perpetuity:
Covenants:Â Without prior express written consent from
the Grantee, on the Protected Property:
1 There shall be no construction or placing of
buildings, camping accommodations or mobile homes, fences, signs, billboards or
other advertising material, or other structures;
2 There shall be no filling, excavating, dredging,
mining or drilling, removal of topsoil, sand, gravel, rock, minerals or other
materials nor any building of roads or change in the topography of the land in
any manner excepting the maintenance of foot trails;
3 There shall be no removal, destruction or cutting of
trees or plants (except as is necessary to construct and maintain foot trails),
planting of trees or plants, spraying with biocides, grazing of domestic
animals or disturbance or change in the natural habitat in any manner;
4 There shall be no dumping of ashes, trash, garbage,
or other unsightly or offensive material, and no changing of the topography
through the placing of soil or other substance or material such as land fill or
dredging spoils;
5 There shall be no manipulation or alteration of
natural water courses, lake shores, marshes or other water bodies or activities
or uses detrimental to water purity;
6 There shall be no operation of snowmobiles,
dunebuggies, motorcycles, all-terrain vehicles or any other types of motorized
vehicles;
7 There shall be no hunting or trapping except to the
extent specifically approved by the Grantee as necessary to keep the animal
population within the numbers consistent with the ecological balance of the
area.
The Grantor, Grantor's heirs and assigns, agree to pay
any real estate taxes or assessments levied by competent authorities on the
Protected Property and to relieve the Grantee from responsibility for
maintaining the Protected Property.
The Grantor agrees that the terms, conditions,
restrictions, and purposes of this grant will be inserted in any subsequent deed,
or other legal instrument, by which the Grantor is divested of either the fee
simple title to or possessory interest in the Protected Property.
Grantee, its successors and assigns is granted this
Conservation Easement forever.
Except as expressly limited in this easement, the
Grantor reserves for Grantor's self, heirs and assigns, all rights as owner of
the Protected Property, including the right to use the property for all
purposes not inconsistent with this grant.
The covenants agreed to and the terms, conditions,
restrictions, and purposes imposed with this grant shall not only be binding
upon the Grantor but also Grantor's agents, personal representatives, heirs and
assigns, and all other successors in interest and shall continue as a servitude
running in perpetuity with the Protected Property.
[Signature]
[Add acknowledgement form used in the State where the
land is located.]
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or any other commercial use is prohibited. This includes reposting forms from this
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form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
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Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
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