Michigan Easement

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 one), or corporation, partnership, or limited liability company (circle one), 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 one) 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 seq, 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.

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 ) 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.

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 days notice of undertaking any mitigation activity even if the mitigation project has been conceptually approved.

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.

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 WHEREOF, the parties have executed this Agreement on the date first above written.

STATE OF MICHIGAN }

COUNTY OF } ss

IF SIGNING ON BEHALF OF AN ORGANIZATION, THIS MUST BE COMPLETED:

The foregoing instrument was acknowledged before me this day of , 20 by , the of a corporation, partnership, or limited liability company (circle one), on behalf of the organization.

(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 , (marital status).

(Grantee)

STATE OF MICHIGAN

DEPARTMENT OF ENVIRONMENTAL QUALITY

GEOLOGICAL AND LAND MANAGEMENT

DIVISION

STATE OF MICHIGAN }

COUNTY OF } ss

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.

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)