Forever Wild – Easement

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“Forever Wild” easement.  

 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:  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.]