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CONTENT INDEX:
I. PURPOSES OF THIS CONSERVATION EASEMENT
II. CONSERVATION VALUES
III. BASELINE DOCUMENTATION
IV. PROHIBITED ACTIONS
V. PERMITTED USES
VI. RIGHTS OF THE CONSERVANCY
VII. CONSERVANCY REMEDIES
VIII. NOTIFICATION PROVISION
IX. CONSERVATION EASEMENT REQUIREMENTS UNDER MICHIGAN
LAW AND US TREASURY REGULATIONS
X. OWNERSHIP COSTS AND LIABILITIES
XI. HAZARDOUS MATERIALS
XII. CESSATION OF EXISTENCE
XIII. TERMINATION
XIV. LIBERAL CONSTRUCTION
XV. NOTICES
XVI. SEVERABILITY
XVII. SUCCESSORS
XVIII. TERMINATION OF RIGHTS AND OBLIGATIONS
XIX. MICHIGAN LAW
XX. ENTIRE AGREEMENT
CONSERVATION EASEMENT AGREEMENT
DATE:
DONOR/OWNER: (INSERT DONOR'S NAME, MARITAL STATUS AND
ADDRESS)
DONEE/CONSERVANCY:
Central Lake Superior Land Conservancy
P.O. Box 7135
Marquette, Michigan 49855
For Purposes of this Conservation Easement, the Donor who is
the current Owner, and all subsequent Owners of the subject Property,
will be referred to as the "Owner" throughout this Conservation
Easement. The Donee will be referred to as the "Conservancy"
throughout this Conservation Easement. (Donor and Donee should
be listed as Grantor and Grantee in the case of a purchase of
a conservation easement).
PROPERTY: (INSERT COMPLETE LEGAL DESCRIPTION)
CONVEYANCE: The Owner conveys and warrants to the Conservancy
a perpetual Conservation Easement over the Property. The scope
of this Conservation Easement is set forth in this agreement.
This conveyance is a gift from the Donor to the Conservancy. Accordingly,
this conveyance is exempt from Transfer Tax pursuant to MCL 207.505(a)
and 207.526(a). (Delete exemption language in the case of a
purchase of the conservation easement).
THE OWNER AND THE CONSERVANCY AGREE TO THE FOLLOWING:
I. PURPOSES OF THIS CONSERVATION EASEMENT.
A. This Conservation Easement assures that the Property will
be perpetually preserved in its predominately natural, scenic,
riparian, historic, agricultural, forested, and open space (DELETE
THOSE THAT DO NOT APPLY) condition. The Purposes of this Conservation
Easement are to protect the Property's natural resource and watershed
values; to maintain and enhance biodiversity; to retain quality
habitat for native plants and animals, and to maintain and enhance
the natural features of the Property. Any uses of the Property
which may impair or interfere with the Conservation Values are
expressly prohibited.
B. The Donor is the Owner of the Property and is committed to
preserving the Conservation Values of the Property. The Owner
agrees to confine use of the Property to activities consistent
with the Purposes of this Easement and the preservation of the
Conservation Values.
C. The Conservancy is a qualified Recipient of this Conservation
Easement and is committed to preserving the Conservation Values
of the Property and is committed to upholding the terms of this
Conservation Easement. The Conservancy protects natural habitats
of fish, wildlife, plants, and the ecosystems that support them.
The Conservancy also preserves open spaces, including farms and
forests, where such preservation is for the scenic enjoyment of
the general public or pursuant to clearly delineated governmental
conservation policies and where it will yield a significant public
benefit.
II. CONSERVATION VALUES.
The Property possesses natural, scenic, riparian, historic, open
space, scientific, biological, and ecological values (DELETE
THOSE THAT DO NOT APPLY) of prominent importance to the Owner,
the Conservancy, and the public. These values are referred to
as the "Conservation Values" in this Easement. The Conservation
Values include the following:
(NOTE TO DRAFTER: It is critically important to include Conservation
Values that are specific to your Property. Include the following
values that pertain; add additional specific values; include local
policy statements, goals, and laws; delete those Conservation
Values that do not apply; delete any legislation that does not
apply. The headings are meant to stimulate ideas for listing Conservation
Values and may be deleted).
A. OPEN SPACE and SCENIC:
1. A scenic landscape and natural character which would be impaired
by modification of the Property.
2. A scenic panorama visible to the public from publicly accessible
sites which would be adversely affected by modifications of the
natural habitat.
3. Relief from urban closeness.
4. Prominent visibility to the public from (INSERT) , given
its location within a scenic corridor visible from a well-traveled
public road, trail, lake, or river and, if preserved in its natural
state, will enhance tourism.
5. Biological integrity of other land in the vicinity has been
modified by intense urbanization or resource development, and
the trend is expected to continue.
6. There is a reasonable possibility that the Conservancy may
acquire other valuable property rights on nearby or adjacent properties
to expand the Conservation Values preserved by this Conservation
Easement.
B. PUBLIC POLICY:
1. The State of Michigan has recognized the importance of protecting
our natural resources as delineated in the 1963 Michigan Constitution,
Article IV, Section 52, "The conservation and development
of the natural resources of the state are hereby declared to be
of paramount public concern in the interest of the health, safety,
and general welfare of the people. The legislature shall provide
for the protection of the air, water, and other natural resources
of the state from pollution, impairment, and destruction."
2. The Property is preserved pursuant to a clearly delineated
federal, state, or local conservation policy and yields a significant
public benefit. The following legislation, regulations, and policy
statements establish relevant public policy: (For a more extensive
list of conservation/preservation/environmental laws, see the
Appendix.)
* Water Pollution Control Act of 1972, 33 USC §§
1251 - 1387 (§1251 Goals & Policy; § 1344 Wetlands
permitting, aka "Section 404" Clean Water Act.);
* Coastal Zone Management Act, 16 USC §§ 1451
et seq.; (§§ 1451, 1452 Congressional Findings and Policy.);
* Conservation and Historic Preservation Easement, Sub
part 11 of Part 21 of the Michigan Natural Resources and Environmental
Protection Act - MCL §§ 324.2140 et seq.;
* Shorelands Protection and Management, Part 323 of the
Michigan Natural Resources and Environmental Protection Act -
MCL §§ 324.32301 et seq.;
* Sand Dune Protection and Management, Part 353 of the
Michigan Natural Resources and Environmental Protection Act, MCL
§§ 324.35301 et seq.; (Legislative Findings MCL §324.35302);
* Wetland Protection, Part 303 of the Michigan Natural
Resources and Environmental Act - MCL §§ 324.30301 et
seq.; (Legislative Findings MCL § 324.30302);
* Biological Diversity Conservation, Part 355 of the Michigan
Natural Resources and Environmental Protection Act - MCL §§
324.35501 et seq; (Legislative Findings § 324.35502);
* Inland Lakes and Streams, Part 301 of the Michigan Natural
Resources and Environmental Protection Act - MCL §§
324.30101 et seq.;
* Great Lakes Submerged Lands, Part 325 of the Michigan
Natural Resources and Environmental Protection Act - MCL §§
324.32501 et seq.;
* Farmland and Open Space Preservation, Part 361 of the
Michigan Natural Resources and Environmental Protection Act -
MCL §§ 324.36101 et seq.;
* Soil Conservation, Erosion, and Sedimentation Control,
Parts 91 & 93 of the Michigan Natural Resources and Environmental
Protection Act - MCL §§ 324.9101 et seq; 324.9301 et
seq; (Legislative Policy § 324.9302);
3. The (INSERT) governmental agency has endorsed the proposed
scenic view of the Property under a landscape inventory, pursuant
to a review process.
4. Land meets criteria established a nongovernmental conservation
organization (INSERT) endorsed by the Conservancy Board.
5. The (INSERT) office has recognized the importance of
the Property as an ecological and scenic resource, by designating
this and other land as (INSERT).
6. The Township / County of (INSERT) has designated this
area as (INSERT) in its Comprehensive Plan dated (INSERT).
7. (Insert local policy statements which apply).
C. WILDLIFE VALUES:
1. The Property is home to many species of wildlife, including:
(INSERT).
2. The Property provides vital corridor wetlands and upland wildlife
habitats which serve as a connection for wildlife movement and
create a natural "greenway" (INSERT AREA).
3. The Property is noteworthy for the (INSERT).
D. ECOLOGICAL / HABITAT:
1. The Property contains significant natural habitat in which
fish, wildlife, plants or ecosystems which support them thrive
in a natural state.
2. Valued Wetlands, as described in Wetland Protection, Part 303
of the Michigan Natural Resources and Environmental Code MCL 324.30301
et seq. are present on the Property.
3. Habitat for rare, endangered, or threatened species of animal,
fish, plants, or fungi, including: (INSERT SPECIES). (INSERT
if threatened or endangered and if in the State of Michigan or
federal) are supported on the Property.
4. The Property contains natural areas which represent high quality
examples of terrestrial or aquatic communities (INSERT).
5. The Property contains sustainable habitat for biodiverse vegetation,
birds, fish and terrestrial animals.
6. A diversity of plant and animal life are found on the Property
in an unusually broad range of habitats for a property of its
size.
7. The Property is characteristic of (INSERT). Its dominant
vegetation is (INSERT) interspersed with (INSERT other habitats,
streams, important natural features). These plant communities
are in a relatively natural and undisturbed condition and support
the full range of wildlife species found in these habitat types.
8. The Property contains natural wetland areas that provide habitat
for aquatic invertebrates, reptiles, amphibians, and aquatic and/or
emergent vegetation.
9. Valued native forest land exists on the Property, which includes
diverse native species, trees of many age classes and structural
diversity, including a multi-story canopy, standing dead trees
and downed logs.
E. WATERSHED PROTECTION:
1. The Property provides important natural land within the watershed
of (INSERT). Protection of the Property in its natural
and open space condition helps to ensure the quality and quantity
of water resources for the (INSERT) area.
2. The Property includes the (INSERT river, stream, lake),
which includes (INSERT) feet of frontage.
3. The Property has a significant amount of undeveloped frontage
on the banks/shore of (INSERT), which is a State designated
"Wild and Scenic River" under the Michigan Natural River
Act of 1970, PA 231, (OR) a State designated "Blue
Ribbon Trout Stream" considered by the Department of Natural
Resources to be one of the "Top Ten" trout streams in
Michigan.
4. Sections of the property are situated on hillsides with slopes
greater than 20% that are adjacent to or in close proximity to
(INSERT BODY OF WATER OR STREAM) and the vegetated slopes
would be highly susceptible to erosion damage and accelerated
stormwater runoff that could adversely affect water quality if
the trees or other vegetation were removed.
F. ADJACENT TO PROTECTED LANDS:
1. The Property lies in close proximity to the following conserved
properties which similarly preserve the existing natural habitat:
(INSERT).
2. This Easement protects a natural area which contributes to
the ecological viability of a local, state, or national park,
nature preserve, wildlife refuge, wilderness area, or similar
conservation area.
3. Preservation of the Property enables the Owner to integrate
the Conservation values with other neighboring lands.
G. FARMLAND:
1. The Property consists entirely of "prime farmland"
and "farmland of local importance" as classified by
the U.S. Department of Agriculture and the Natural Resources Conservation
Service.
2. The Property has a long history of productive farming and contains
significant areas with soil classifications designated as (INSERT).
3. The Property is located within _________ Township, a community
with an agricultural-based economy in an area presently experiencing
rapid development, including the subdivision of prime farmland.
G. OTHER VALUES:
1. Land is a recreational corridor or provides conservation-compatible
recreational opportunities.
2. Land has significant natural and/or geological features.
3. Land that has rare and/or unusual archeological or historically
significant features.
III. BASELINE DOCUMENTATION.
Specific Conservation Values of the Property have been documented
in a natural resource inventory attached to this Conservation
Easement Agreement. This "Baseline Documentation Report"
consists of maps, a depiction of all existing human-made modifications,
prominent vegetation, identification of flora and fauna, land
use history, distinct natural features, and photographs. In signing
this Conservation Easement Agreement, The Owner and the Conservancy
acknowledge that this natural resources inventory, the Baseline
Inventory, is an accurate representation of the Property at the
time of this donation.
IV. PROHIBITED ACTIONS.
Any activity on, or use of, the Property which is inconsistent
with the Purposes of this Conservation Easement or which is detrimental
to the Conservation Values is expressly prohibited. By way of
example, but not by way of limitation, the following activities
and uses are explicitly prohibited:
A. Division. Any division or subdivision of the Property
is prohibited.
B. Commercial Activities. Any commercial activity on the
Property is prohibited. De minimis commercial recreational activity
is, however, permitted.
C. (Optional language) except as associated with permitted
activities (such as agriculture, timber management, home business)
as specified in Section V below.
D. Industrial Activities. Any industrial activity on the
Property is prohibited.
E. Construction. The placement or construction of any human-made
modification such as, but not limited to, buildings, fences, roads,
and parking lots is prohibited.
F. Cutting Vegetation. Any cutting of trees or vegetation,
including pruning or trimming, is prohibited, except for the cutting
or removal of trees or vegetation which pose a threat to human
life or property. Notwithstanding the foregoing, the Protected
Property may be used for forest practices in accordance with a
forest management plan approved by the Grantor and the Conservancy.
The forest management plan shall be written by a responsible forestry
expert such as a consulting forester, consulting ecologist, Wisconsin
Department of Natural Resources forester, or other expert as agreed
to by the Grantor and the Conservancy. It shall provide for managing
of the forest to produce timber and related timber products in
accordance with the purpose of this Easement as set out in Paragraph
1 above. Such plan must be prepared at the expense of the Grantor.
The plan must be approved in writing by the Conservancy, in its
sole discretion, before any implementation can occur.
G. Land Surface Alteration. Any mining or alteration of
the surface of the land is prohibited, including any substance
that must be quarried or removed by methods that will consume
or deplete the surface estate, including, but not limited to,
the removal of topsoil, sand, gravel, rock, and peat. In addition,
exploring for, developing, and extracting oil, gas, hydrocarbons,
or petroleum products are all prohibited activities.
H. Dumping. Waste and unsightly or offensive material is
not allowed and may not be accumulated on the Property.
I. Water Courses. Natural water courses, lakes, wetlands,
or other bodies of water may not be altered.
J. Off-Road Recreational Vehicles. Motorized off-road vehicles
such as, but not limited to, snowmobiles, dune buggies, all-terrain
vehicles, and motorcycles may not be operated off of designated
roads on the Property.
K. Signs and Billboards. Billboards are prohibited. Signs
are prohibited, except the following signs may be displayed to
state:
* The name and address of the property or the owner's name.
* The area is protected by a conservation easement.
* Prohibition of any unauthorized entry or use.
* An advertisement for the sale or rent of the Property.
V. PERMITTED USES.
The Owner retains all ownership rights which are not expressly
restricted by this Conservation Easement. In particular, the following
rights are reserved:
A. Right to Convey. The Owner retains the right to sell,
mortgage, bequeath, or donate the Property. Any conveyance will
remain subject to the terms of the Conservation Easement and the
subsequent Owner will be bound by all obligations in this agreement.
B. (Optional) Right to Maintain and Replace Existing Structures.
The Owner retains the right to maintain, renovate, and replace
the existing structure(s) as noted in the Baseline Documentation
Report in substantially the same location and size. Any expansion
or replacement may not substantially alter the character or function
of the structure. Prior to beginning renovation or replacement
of the existing structures, the Owner will provide a written plan
to the Conservancy for the Conservancy's review and approval.
Such approval shall not be unreasonably withheld.
C. (Optional) Right to Add Designated Structures or Uses.
The Owner retains the right to add the following structures, modifications,
or uses on the following legally described portion of the Property
(Insert legal description of building envelope). Prior
to beginning construction, the Owner will provide a written plan
to the Conservancy for the Conservancy's review and approval.
Such approval shall not be unreasonably withheld.
1. _________
2. _________
3. _________
VI. RIGHTS OF THE CONSERVANCY.
The Owner confers the following rights upon the Conservancy to
perpetually maintain the Conservation Values of the Property:
A. Right to Enter. The Conservancy has the right to enter
the Property at reasonable times to monitor the Conservation Easement
Property. Furthermore, the Conservancy has the right to enter
the Property at reasonable times to enforce compliance with, or
otherwise exercise its rights under, this Conservation Easement.
The Conservancy may not, however, unreasonably interfere with
the Owner's use and quiet enjoyment of the Property. The Conservancy
has no right to permit others to enter the Property. The general
public is not granted access to the Property under this Conservation
Easement.
B. Right to Preserve. The Conservancy has the right to
prevent any activity on or use of the Property that is inconsistent
with the Purposes of this Conservation Easement or detrimental
to the Conservation Values of the Property.
C. Right to Require Restoration. The Conservancy has the
right to require the Owner to restore the areas or features of
the Property which are damaged by any activity inconsistent with
this Conservation Easement.
D. Signs. The Conservancy has the right to place signs on
the Property which identify the land as protected by this Conservation
Easement. The number and location of any signs are subject to
the Owner's approval.
VII. CONSERVANCY REMEDIES.
This section addresses cumulative remedies of the Conservancy
and limitations on these remedies.
A. Delay in Enforcement. A delay in enforcement shall
not be construed as a waiver of the Conservancy's right to eventually
enforce the terms of this Conservation Easement.
B. Acts Beyond Owner's Control. The Conservancy may not bring
an action against the Owner for modifications to the Property
resulting from causes beyond the Owners' control, including, but
not limited to, unauthorized actions by third parties, natural
disasters such as unintentional fires, floods, storms, natural
earth movement, or even an Owner's well-intentioned action in
response to an emergency resulting in changes to the Property.
The Owner has no responsibility under this Conservation Easement
for such unintended modifications.
C. Notice and Demand. If the Conservancy determines that
the Owner is in violation of this Conservation Easement, or that
a violation is threatened, the Conservancy shall provide written
notice to the Owner. The written notice will identify the violation
and request corrective action to cure the violation and, where
the Property has been injured, to restore the Property. However,
if at any time the Conservancy determines, at its sole discretion,
that the violation constitutes immediate and irreparable harm,
no written notice is required. The Conservancy may then immediately
pursue its remedies to prevent or limit harm to the Conservation
Values of the Property. If the Conservancy determines that this
Conservation Easement is, or is expected to be, violated, and
the Conservancy's good-faith and reasonable efforts to notify
the Owner are unsuccessful, the Conservancy may pursue its lawful
remedies to mitigate or prevent harm to the Conservation Values
without prior notice and without awaiting the Owner's opportunity
to cure. The Owner agrees to reimburse all reasonable costs associated
with this effort.
D. Failure to Act. If, within 28-days after written notice,
the Owner does not implement corrective measures requested by
the Conservancy, the Conservancy may bring an action in law or
in equity to enforce the terms of the Conservation Easement. In
the case of immediate or irreparable harm, or if an Owner is unable
to be notified, the Conservancy may invoke these same remedies
without notification and/or awaiting the expiration of the 28-day
period. The Conservancy is entitled to enjoin the violation through
temporary or permanent injunctive relief and to seek specific
performance, declaratory relief, restitution, reimbursement of
expenses, and/or an order compelling the Owner to restore the
Property. If the court determines that the Owner has failed to
comply with this Conservation Easement, the Owner shall also reimburse
the Conservancy for all reasonable litigation costs and reasonable
attorney's fees, and all costs of corrective action or Property
restoration incurred by the Conservancy.
E. Unreasonable Litigation. If the Conservancy initiates
litigation against the Owner to enforce this Conservation Easement,
and if the court determines that the litigation was initiated
without reasonable cause or in bad faith, then the court may require
the Conservancy to reimburse the Owner's reasonable costs and
reasonable attorney's fees in defending the action.
F. Actual or Threatened Non-Compliance. The Conservancy's
rights under this Section, Conservancy Remedies, apply equally
in the event of either actual or threatened violations of the
terms of this Easement. The Owner agrees that the Conservancy's
claim for money damages for any violation of the terms of this
Easement are inadequate. The Conservancy shall also be entitled
to affirmative and prohibitive injunctive relief and specific
performance, both prohibitive and mandatory. The Conservancy's
claim for injunctive relief or specific performance for a violation
of this Conservation Easement shall not require proof of actual
damages to the Conservation Values.
G. Cumulative Remedies. The preceding remedies of the Conservancy
are cumulative. Any, or all, of the remedies may be invoked by
the Conservancy if there is an actual or threatened violation
of this Conservation Easement.
VIII. NOTIFICATION PROVISION.
The Conservancy is entitled to 60 Days written notice whenever
its approval is required under this Conservation Easement. If
the Conservancy fails to respond within 60 Days after it receives
the written request, then its approval shall be deemed given.
This implied approval shall not extend to any activity contrary
to this Conservation Easement or impairing a Conservation Value.
The Conservancy's approval shall continue for three years. If
the approved activity is not completed within three years after
the approval date, then the Owner must re-submit the written application
to the Conservancy.
IX. CONSERVATION EASEMENT REQUIREMENTS UNDER
MICHIGAN LAW AND US TREASURY REGULATIONS.
A. This Conservation Easement is created pursuant to the Conservation
and Historic Preservation Easement, Sub part 11 of Part 21 of
the Michigan Natural Resources and Environmental Protection Act
(NREPA) - MCL §§ 324.2140 et seq.
B. This Conservation Easement is established for conservation
purposes pursuant to the Internal Revenue Code, as amended at
Title 26, U.S.C.A., Section 170(h)(1)-(6) and Sections 2031(c),
2055 and 2522, and under Treasury Regulations at Title 26 C.F.R.
§ 1.170A-14 et seq, as amended.
C. The Conservancy is qualified to hold conservation easements
pursuant to these statutes. It is a publicly funded, non-profit
501(c)(3) organization.
X. OWNERSHIP COSTS AND LIABILITIES.
In accepting this Conservation Easement, the Conservancy shall
have no liability or other obligation for costs, liabilities,
taxes, or insurance of any kind related to the Property. The Conservancy's
rights do not include the right, in absence of a judicial decree,
to enter the Property for the purpose of becoming an operator
of the Property within the meaning of the Comprehensive Environmental
Response, Compensation, and Liability Act. The Conservancy, its
members, trustees or directors, officers, employees, and agents
have no liability arising from injury or death to any person or
physical damage to any property on the Property. The Owner agrees
to defend the Conservancy against such claims arising during the
term of the Owner's ownership of the Property.
XI. HAZARDOUS MATERIALS.
The Owner warrants that they have no knowledge of a release of
hazardous substances or hazardous wastes on the Property. The
Owner agrees to protect and defend the Conservancy against any
claims of hazardous materials contamination on the Property.
XII. CESSATION OF EXISTENCE.
If the Conservancy shall cease to exist or if it fails to be
a "qualified organization" for purposes of Internal
Revenue Code Section 170(h)(3), or if the Conservancy is no longer
authorized to acquire and hold conservation easements, then this
Conservation Easement shall become vested in another entity. This
entity shall be a "qualified organization" for purposes
of Internal Revenue Code Section 170(h)(3). The Conservancy's
rights and responsibilities shall be assigned to any entity having
similar conservation purposes to which such right may be awarded
under the cy pres doctrine.
XIII. TERMINATION.
This Conservation Easement may be extinguished only by an unexpected
change in condition which causes it to be impossible to fulfill
the Conservation Easement's purposes, or by exercise of eminent
domain.
A. Unexpected Change in Conditions. If subsequent circumstances
render the Purposes of this Conservation Easement impossible to
fulfill, then this Conservation Easement may be partially or entirely
terminated only by judicial proceedings. The Conservancy will
then be entitled to compensation in accordance with the provisions
of IRC Treasury Regulations Section 1.170A-14(g)(6)(ii). The Conservancy's
use of any such compensation or proceeds shall be restricted to
uses consistent with the conservation purposes set forth in this
Conservation Easement.
B. Eminent Domain. If the Property is taken, in whole or
in part, by power of eminent domain, then the Conservancy will
be entitled to compensation by the method as is set forth in IRC
Treasury Regulations Section 1.170A-14(g)(6)(ii).
XIV. LIBERAL CONSTRUCTION.
This Conservation Easement shall be liberally construed in favor
of maintaining the Conservation Values of the Property and in
accordance with the Conservation and Historic Preservation Easement,
Sub part 11 of Part 21 of the Michigan Natural Resources and Environmental
Code MCL 324.2140 et seq.
XV. NOTICES.
For purposes of this agreement, notices may be provided to either
party by personal delivery or by mailing a written notice to the
party (at the last known address of a party) by First Class mail.
XVI. SEVERABILITY.
If any portion of this Conservation Easement is determined to
be invalid, the remaining provisions will remain in force.
XVII. SUCCESSORS.
This Conservation Easement is binding upon, and inures to the
benefit of, the Donor/Owner's and the Conservancy's successors
in interest. All subsequent Owners of the Property are bound to
all provisions of this Conservation Easement to the same extent
as the Donor.
XVIII. TERMINATION OF RIGHTS AND OBLIGATIONS.
A party's future rights and obligations under this Conservation
Easement terminate upon transfer of that party's interest in the
Property. Liability for acts or omissions occurring prior to transfer
will survive the transfer.
XIX. MICHIGAN LAW.
This Conservation Easement will be construed in accordance with
Michigan Law.
XX. ENTIRE AGREEMENT.
This Conservation Easement sets forth the entire agreement of
the parties. It is intended to supersede all prior discussions
or understandings.
| Two Witnesses: |
Owner: |
| ____________________________ |
____________________________ |
| ____________________________ |
____________________________ |
STATE OF MICHIGAN
COUNTY OF ___________________
Acknowledged before me on this _____________ of , of 2004, by
(Insert Owner's names) ________________________________, (Insert
marital status) ___________________________________.
___________________ Notary Public
My commission expires: ___________________
| Two Witnesses: |
Conservancy: |
| ____________________________ |
____________________________ |
| ____________________________ |
____________________________ |
STATE OF MICHIGAN
COUNTY OF ___________________
Acknowledged before me on this _____________ of , of 2004, by
(Insert Executive Director or signer's name) ________________________________,
known to me to be the _____________ of the Central Lake Superior
Land Conservancy.
___________________ Notary Public County Michigan
My commission expires: ___________________
AFTER RECORDING SEND TO: (Insert correct name and address)
______________________________
______________________________
______________________________
SEND TAX BILL TO: Owner
PREPARED BY: (Insert name and address)
______________________________
______________________________
______________________________
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