Fill and Sign the Michigan Easement Form

CONSERVATION EASEMENT (This instrument is exempt from County and State transfer taxes pursuant to MCL 207.505(a) and MCL 207.526, respectively) This CONSERVATION EASEMENT is created                               , 20       , by and between                                     (name) married/ single (check on e), or                                     corporation, partnership, or limited liability company (circle on e), whose address is,                                                                   (Grantor) and the Geological and Land Management Division of the Michigan Department of Environmental Quality (MDEQ), whose address is,                                     (Grantee); The Grantor is the title holder of real property located in the (circle on e) the Township/City of                                     ,                               County, and State of Michigan, more fully described in Exhibit A. (Attach legal description of the property as Exhibit A.) The Geological and Land Management Division of the MDEQ is the agency charged with administering Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA), and Grantor has applied for a permit pursuant to Part 303 to authorize activities that will impact regulated wetland. The Geological and Land Management Division of the MDEQ evaluated the permit application and determined that a permit could be authorized for certain activities within regulated wetlands provided certain conditions are met, and Grantor has agreed to grant the MDEQ a conservation easement that protects the wetland mitigation site and/or the remaining wetlands on the property and restricts further development to the area described in Exhibit B. The MDEQ shall record the conservation easement with the county register of deeds. ACCORDINGLY, Grantor conveys this Conservation Easement to Grantee pursuant to Subpart 11 of Part 21, Conservation and Historic Preservation Easement, of the NREPA, MCL 324.2140 et se q, on the terms and conditions stated below. 1. The property subject to this Conservation Easement (the Easement Premises) consists of approximately       acres, legally described as follows: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ (Insert legal description of easement premises, including amount of acreage here or attach as Exhibit B.) (A map depicting the Easement Premises is attached as Exhibit C.) Together with a right of access for ingress and egress to the easement area across adjacent or other properties as described in Exhibit D. 1 2. The purpose of this Easement is to protect the wetland functions and values existing (or established on the property consistent with MDEQ Permit Number _____-______-_____ as permitted ____/____/20___) on the Easement Premises by requiring Grantor to maintain the Easement Premises in its natural and undeveloped condition. 3. Except as authorized under MDEQ Permit Number _____-_____-_______ or as provided in paragraph 5 (and paragraph 4, if appropriate), Grantor shall refrain from, and prevent any other person from, altering or developing the Easement Premises in any way. This includes, but is not limited to, the alteration of the topography, the creation of paths or trails, the placement of fill material as defined in Part 303, the dredging, removal, or excavation of any soil or minerals, the draining of surface water, the construction or placement of any structure, plowing, tilling, or cultivating, and the alteration or removal of vegetation. 4. Grantor shall not be responsible for modifications to the Property resulting from causes beyond the owner’s control, including, but not limited to, unauthorized actions by third parties that were not reasonably foreseeable or natural disasters such as unintentional fires, floods, storms, or natural earth movement. 5. With the prior approval of the Grantee, the Grantor may perform activities associated with the construction or maintenance of the mitigation project within the Easement Premises. Grantor shall provide 5 days notice of undertaking any mitigation activity even if the mitigation project has been conceptually approved. Any activities undertaken pursuant to this paragraph shall be performed in a manner to minimize the adverse impacts to existing wetland or mitigation areas. 6. Grantor warrants that Grantor has good and sufficient title to the Property, and that any other existing interests in the property have been disclosed to the MDEQ and subordinated as necessary. 7. The Grantor warrants that the Grantor has no knowledge of hazardous substances or hazardous wastes on the property. 8. This Conservation Easement does not grant or convey to Grantee or members of the general public any right to possession or use of the Easement Premises, except for the access provided in paragraph 10. 9. Grantor shall continue to have all rights and responsibilities as owner of the property subject to the Easement. 10. Upon reasonable notice to Grantor, Grantee, and its authorized employees and agents, may enter the Easement Premises to determine whether they are being maintained in compliance with the terms of this Conservation Easement and for the purpose of taking corrective actions if Grantor for Permit Number ____-____-____, fails to comply with the mitigation conditions of the permit. 2 11. This Conservation Easement shall be binding upon the successors and assigns of the parties and shall run with the land in perpetuity unless modified or terminated by written agreement of the parties. 12. This Conservation Easement may be enforced by either an action at law or in equity and shall be enforceable against any person claiming an interest in the Easement Premises despite a lack of privity of estate or contract. 13. Grantor shall indicate the existence of this Conservation Easement on all deeds, mortgages, land contracts, plats, and any other legal instrument used to convey an interest in the Easement Premises. 14. Within 90 days after this Conservation Easement is executed, Grantor, at its sole expense, shall place signs, fences, or other suitable markings along the boundary of the Easement Premises to clearly demarcate the boundary of the Easement Premises. IN WITNESS WHEREO F, the parties have executed this Agreement on the date first above written. Signed in the presence of:                         (Grantor) Signature:                               Signature:                                                                                                       Type/Print Witness’ Name Type/Print Grantor’s Name                                     Signature:                                                 Title (if signing on behalf of an organization)                                                 Organization Name (if signing on behalf of an organization)                                                 Type/Print Witness’ Name organization STATE OF MICHIGAN } } ss COUNTY OF                         } IF SIGNING ON BEHALF OF AN ORGANIZATION, THIS MUST BE COMPLETED: 3 The foregoing instrument was acknowledged before me this       day of                   , 20       by                         , (name[s]) the                               , (title) of                                           (organization name) a                               , (state) corporation, partnership, or limited liability company (circle on e), on behalf of the organization.                               Notary Public                               County, Michigan My Commission Expires:                   (OR) IF SIGNING AS AN INDIVIDUAL OR MARRIED PERSON, THIS MUST BE COMPLETED: The foregoing instrument was acknowledged before me this       day of                   , 20       by                                     , (name[s])                               (marital status).                                     Notary Public                                     County, Michigan My Commission Expires:                   .                                     (Grantee) STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY GEOLOGICAL AND LAND MANAGEMENT DIVISION Signature:                                                                                                                   Type/Print Witness’ Name STATE OF MICHIGAN } } ss 4 COUNTY OF                   } The foregoing instrument was acknowledged before me this       day of                   , 20       , by                               , Geological and Land Management Division, Chief, State of Michigan, on behalf of the Michigan Department of Environmental Quality.                                     Notary Public                                     , County, Michigan My Commission Expires:                         Drafted by:                         AFTER RECORDING, RETURN TO: Department of Attorney General Environment, Natural Resources and Agriculture Division Geological and Land Management Division 525 West Allegan Street 525 West Allegan Street Lansing, MI 48933 P.O. Box 30458 Lansing, MI 48909-7958 Michigan Department of Environmental Quality (September 13, 2002) 5