Fill and Sign the Conservation Easement Agreement Form

CONSERVATION EASEMENT AGREEMENT The purpose of a Conservation Easement is to protect in perpetuity significant natural features and to minimize the environmental impact of activities associated with land development within the Town of                               . It is the responsibility of the property owner to be fully aware of all of the conditions contained in the Conservation Easement Agreement as expressed below. The Town of                                     will vigorously enforce the conditions established herein. THIS INDENTURE made this             day of                   , 20       , by and between of the Town of                               , County of                         , and State of Connecticut, hereinafter called GRANTOR, and the TOWN OF                               , a municipal corporation having its territorial limits within the County of                         and State of Connecticut, hereinafter called GRANTEE; WITNESSETH: WHEREAS, the Grantor is the owner of real property, hereinafter described, situated in the Town of                               , County of                         , and State of Connecticut, which Grantee, acting through its Conservation Commission, has determined would be in the public interest to retain, maintain and conserve in its natural state; and WHEREAS, the Grantee, acting through its Conservation Commission, has determined that the maintenance and conservation of the said property of the Grantor can best be accomplished by the securing by Grantee of a conservation easement over, across, and upon the said property of Grantor; and WHEREAS, the Grantor is willing, in consideration of             , receipt of which is hereby acknowledged, and of possible reduction by Grantee of real property taxes on said property, to grant to said Grantee the easement and covenants as hereinafter expressed concerning said property, thereby providing for its maintenance and conservation. NOW THEREFORE, said Grantor does hereby give, grant, bargain, sell and confirm unto said Grantee, its successors and assigns forever, the right, privilege and authority as a conservation easement agreement to perpetually preserve, protect, limit, conserve and maintain the land hereinafter described in its present natural condition. All covenants contained herein are deemed to run with the land. Said Grantor further covenants and agrees to provide notice by Certified Mail to the last known address of any person or entity who hereafter shall have any possessory interest in the subject property, including but not limited to any tenant, heir, successor, or assign, of a Certified Copy of the Conservation Easement Agreement. Failure of said Grantor to provide such notice shall not constitute any waiver of Grantees rights herein. 1 Said premises subject to this Conservation Easement Agreement, hereinafter called THE CONSERVATION EASEMENT AREA are described as follows [or are described as shown on the attached Schedule A]: Said premises are delineated on the following map filed on the                                     Land Records: I. PROHIBITIONS GRANTOR FURTHER COVENANTS AND AGREES TO PROHIBIT AND REFRAIN FROM THE FOLLOWING ACTIVITIES UNDER, OVER, OR UPON THE CONSERVATION EASEMENT AREA: 1. The construction or placing of buildings, roads, signs, billboards or other advertising, or other structures on or above ground; 2. The dumping or placing of soil or other substance or material as landfill, or dumping of trash, ashes, waste, rubbish, garbage, junk, or unsightly or offensive materials; 3. The excavation, dredging or removal of loam, peat, gravel, soil, rock or other substances in such a manner as to affect the land surface or the quality or quantity of ground or surface waters; 4. The removal or destruction of trees, shrubs, or other vegetation, the destruction of wildlife or its habitat, the application of pesticides or herbicides, or any other activity or use which is or has the potential for being detrimental to drainage, flood control, water quality, erosion control, soil conservation, wildlife or the land and water areas in their natural condition; 5. The conduct of any of the foregoing activities in such proximity to The Conservation Easement Area that their result could be detrimental to drainage, flood control, water quality, erosion control, soil conservation or wildlife in The Conservation Easement Area; and 6. The removal or disturbance of The Conservation Easement Area temporary stakes prior to permanent marking, permanent iron pins or boundary markers, or any other field identifications of The Conservation Easement Area boundaries. II. EXCEPTIONS NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS: 1. The Grantee, acting through its Conservation Commission, or its successor, may upon written application of the Grantor, permit the construction, reconstruction, maintenance and repair within said premises of above-ground and below-ground public or private utilities, including sanitary sewer and/or water lines, subject to (a) demonstration of the need for the proposed activity within said premises and (b) environmental review of the siting and proposed methods of installation and maintenance of such utilities. 2. The Grantee, acting through its Conservation Commission, or its successor, shall upon written application of the Grantor, permit the removal of dead trees and dead brush from said premises in a manner acceptable to the Conservation Commission. 3. The Grantee, acting through its Conservation Commission, or its successor, may upon written application of the Grantor, permit the pruning and thinning of live trees and brush 2 on said premises. Application by the Grantor for any approval provided for hereunder shall be made to the Conservation Commission, or its successor, and shall be in accord with the procedures established by the Conservation Commission, or its successor, in effect at that time. The Grantee agrees, by acceptance hereof, to release automatically such Conservation Easement Agreement as though this instrument had never been executed by Grantor, should, at any time, said premises be condemned by some dominant government authority. The Grantor herein reserves to Grantor the right to make use of the above- described premises for any and all purposes which are in keeping with the stated intent of this Conservation Easement Agreement and which shall in no way endanger the maintenance and conservation of the above-described premises in their natural state. III. IDENTIFICATION AND INSPECTION OF CONSERVATION EASEMENTS GRANTOR FURTHER COVENANTS AND AGREES AS FOLLOWS: 1. Before commencement of site work on any property of the Grantor which contains or is adjacent to a Conservation Easement Area, Conservation Easement boundaries are to be marked with oak stakes labeled                                     with waterproof ink and tied with red flags. These stakes are to be located at each change of boundary direction and at every 100 foot intervals on straightaways. Stakes are to remain in place until easement boundary markers are installed. All Conservation Easement corners shall be permanently marked with iron pins that protrude from ground surface not more than one inch and such pins shall not contain sharp edges. 2. The Grantor hereby grants the Grantee the right to access the property for the purpose of installing and maintaining markers identifying the boundaries of The Conservation Easement Area. 3. The Grantor hereby grants the Grantee the right to have a qualified representative of the Town inspect The Conservation Easement Area following reasonable notice to current Grantor or occupant. IV. FINDING OF VIOLATION: 1. If it is determined by the Conservation Commission, or its successor, that a violation of this Conservation Easement Agreement exists, the Grantor shall be ordered to cease and desist from and prevent any activity which, in the opinion of the Conservation Commission, or its successor, is in violation of this Conservation Easement Agreement. 2. Within 60 days of such order and after appropriate notice, the Conservation Commission shall hold a hearing for the purpose of determining if the cease and desist order shall continue. 3. If the Grantor is found to have violated the terms of this Conservation Easement Agreement, the Grantor agrees, among other things, to restore The Conservation Easement Area(s) as closely as possible to its (their) natural state. Such restoration shall include but need not be limited to: (a) replanting with trees, shrubs or other appropriate vegetation acceptable to the Conservation Commission; (b) removal of any debris, trash, garbage, ashes, waste, rubbish, silt or unsightly or offensive material; (c) removal of any unauthorized buildings, signs, billboards or other advertising, or other structures on or above-ground; 3 (d) emplacement and maintenance of soil erosion and sediment controls; and (e) replacement by a land surveyor of any Conservation Easement Area markers which have been removed or disturbed. Restoration shall be at the expense of the Grantor and in accordance with plans developed by a qualified professional such as a landscape architect, land surveyor, or a professional engineer, and approved by the Conservation Commission, or its successor. 4. If either the Grantor or any other person on the Grantors property is found to have violated this Conservation Easement Agreement, the Conservation Commission, or its successor, can exercise its discretion, in accordance with applicable Town of                                     Ordinances, and following notification to the Grantor and the Grantor's opportunity to be heard concerning a Finding of Violation, and to levy a daily fine until full restoration has been achieved and certified by the Conservation Commission or a duly appointed agency. The foregoing Conservation Easement Agreement shall be permanent and binding upon the Grantor and his heirs, successors and assigns, except as hereinbefore set forth, and inure to the benefit of Grantee, its successors and assigns. TO HAVE AND TO HOLD the above-granted rights, privilege or authority unto said Grantee, its successors and assigns forever, to its and their own proper use and behoof. IN WITNESS WHEREOF, the Grantor has hereunto set or caused to be set his hand and seal the day and year first aforementioned. Signed, Sealed and Delivered in the Presence of:                                     GRANTOR                                     GRANTOR                                     GRANTEE                                     GRANTEE STATE OF CONNECTICUT ) ) ss.                         COUNTY OF                         ) Personally appeared,                                     , signer and sealer of the foregoing instrument and acknowledged the same to be his free act and deed before me. 4                                           Commissioner of the Superior Court/ Notary Public STATE OF CONNECTICUT ) ) ss.                         COUNTY OF                         ) Personally appeared,                               , signer and sealer of the foregoing instrument, and acknowledged the same to be his free act and deed as such.       (town)             , 20       , before me.                                           Commissioner of the Superior Court/ Notary Public 5