ࡱ> SUR` F3bjbj 1P+hhh|$$$8\$L|-5 5 5 v-x-x-x-x-x-x-$.hU1J-h"  """-%-%%%"Rv-%"v-%%r\,TF"&- ОQ$#,Dv--0-,211$F1&-1h&-P5 r%G!\!N5 5 5 --w$$5 5 5 -""""|||Dd||||||  This document is provided as a guide to develop a suitable "Creation and Grant of Covenants". It is used to provide protection to projectspecific mitigation sites. Authors and reviewers are advised to carefully review the language and modify it as required. GRANT OF CONSERVATION EASEMENT AND COVENANTS This GRANT OF THESE CONSERVATION EASEMENT is made by____________________________, residing at ____________________________________________ (hereinafter referred to collectively as the "Grantors") to _______________________________ , (hereinafter referred to as "Grantee"). WITNESS THAT: WHEREAS, the Grantors are the owners in fee of certain real property located in the County of ______________________, in the State of (Iowa, Illinois, Missouri), described more particularly as follows, and referred to herein as the "Conservancy Area": WHEREAS, the Grantors desire and intend that the natural elements and the ecological and aesthetic values of the Conservancy Area be maintained and improved in accordance wit the terms and conditions of this Easement and these Covenants; WHEREAS, the Grantors and Grantee both desire, intend and have common purpose of conserving and preserving in perpetuity the Conservancy Area in a relatively natural condition by placing restrictions on the use of the Conservancy Area and by transferring from the Grantors to the Grantee, by the creation of a conservation easement on, over and across the Conservancy Area, Affirmative rights to ensure the preservation of the natural elements and values of the Conservation Area; and WHEREAS, the Grantors have received valuable consideration for the granting of this Easement and the making of these Covenants; This is to be used when the applicant owns the mitigation site. NOW THEREFORE, the Grantors, for valuable consideration received, do hereby give, grant, bargain and convey to the Grantee, its successors and assigns, forever, a Conservation Easement and the making of these Covenants. a. The right of the Grantee to enforce by proceedings at law or in equity the Covenants hereinafter set forth The right shall include but not be limited to, the right to bring an action in any court of competent jurisdiction to enforce the terms of these Covenants, to require the restoration of this property to its natural condition or to enjoin noncompliance by appropriate injunctive relief. The Grantee does not waive or forfeit the right to take action as may be necessary to ensure compliance with terms of these Covenants by any prior failure to act. Nothing herein shall be construed to entitle the Grantee to institute any enforcement action against the Grantors for any changes to the Conservancy Area due to causes beyond the Grantors control and without the Grantors fault or negligence (such as changes caused by fire, flood, storm, civil or military authorities undertaking emergency action or unauthorized wrongful acts of third parties). The right of the Grantee, its contractors, agents and invitees, to enter the Conservancy Area, in a reasonable manner and at reasonable times, for the purpose of inspecting the Conservancy Area to determine if the Grantor is complying with the Covenants and promises, and further to observe, study, record and make scientific studies and educational observations. The right of the Grantee to install, operate and maintain water control structures for the purpose of protecting, re-establishing and enhancing wetlands and their functional values. This includes the right to transport construction materials to and from the site of any existing or proposed water control structure. The right of the Grantee to establish or re-establish vegetation through seedings or plantings. The right of the Grantee to manipulate vegetation, topography and hydrology on the Conservancy Area through diking, pumping, water management, excavating, burning, cutting pesticide application and other suitable methods for the purpose of protecting, enhancing wetlands and wetland vegetation. AND IN FURTHERANCE of the foregoing affirmative rights, the Grantors make the following covenants on behalf of themself and their heirs, successors and assigns, which covenants shall run with and bind the Conservancy Area in perpetuity: This list is not intended to be all inclusive. Expand or delete the restrictions as necessary. If additional mitigation construction or maintenance is required in a conservancy area, ensure that these Covenants allow the mitigation plan or permit conditions to be implemented. COVENANTS a. USES. There shall be no commercial, industrial or residential activity undertaken or allowed within the Conservancy Area. b. BUILDINGS AND STRUCTURES. There shall be no buildings, dwellings, barns, roads, advertising signs, billboards or other structures built or placed in the Conservancy Area. c. TOPOGRAPHY. There shall be no dredging, filling, excavating, mining, drilling or removal of any topsoil, sand, gravel, rock, minerals or other materials. There shall be no plowing or any other activity that would alter the topography of the Conservancy Area. d. DUMPING/DISPOSAL. There shall be no dumping of trash, ashes, garbage or other unsightly or offensive material, especially including any hazardous or toxic waste. e. WATER. The hydrology of the Conservancy Area will not be altered in any way or by any means including pumping, draining, diking, impounding or diverting surface or ground water into or out of the Conservancy Area. f. AGRICULTURAL USES. No plowing, tilling, cultivating, planting, timbering, or other agricultural activities may take place within the Conservancy Area. g. The Grantors are responsible for compliance with all federal, state and local laws governing the safety and maintenance of the property, including the control of noxious weeds within the Conservancy Area. h. There shall be no operation of any motorized watercraft, vehicle, or equipment within the Conservancy Area. i. VEGETATION. Except in conjunction with the authorized uses set forth in paragraph g. above, there shall be no removal, cutting, mowing or alteration of any vegetation or change in the natural habitat in any manner. The project manager should insert the file number. NOTWITHSTANDING the foregoing restrictions, the Grantors and Grantee may construct and maintain any project features or mitigation features expressly required by Corp permit number ______________. RESERVED RIGHTS These covenants do not authorize entry upon or use of the Conservancy Area by the general public. The Grantors and their invitees may hunt and fish in the Conservancy Area so long as they comply with all federal, state and local game and fishery regulations. Nothing herein shall be construed as limiting the right of the Grantors to sell, give or otherwise convey the Conservancy Area, or any portion or portions thereof, provided that the conveyance is subject to the terms of these Covenants. GENERAL PROVISIONS These Covenants shall run with and burden the Conservancy Area in perpetuity and shall bind the Grantors, their heirs, successors and assigns. These Covenants are fully valid and enforceable by any assignee of the Grantee, whether assigned in whole or in part. The Grantors warrant that he/she/it own the Conservancy Area in fee simple, and that Grantors either own all property interests in the Conservancy Area which may be impaired by the granting of these Covenants or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Conservancy Area which have not been expressly subordinated to these Covenants by signing below. If it is determined at any time that there is any party who may have a property interest in the Conservancy Area that is superior to these Covenants, then the Grantors shall immediately obtain and record a consent and subordination agreement signed by the other party. Acceptance of these Covenants does not release the Grantors from the obligation to obtain and record a consent and subordination agreement signed by any party who may have a property interest in the Conservancy Area that is superior to these Covenants, even if such interest was of record at time of acceptance. The Grantors agree to pay any and all real property taxes and assessments levied by competent authority on the Conservancy Area. The Grantors agree that the terms, conditions, covenants and restrictions set forth in this instrument will be inserted in any subsequent conveyance of any interest in said property. The Grantors agree to notify the Grantee of any such conveyance in writing and by certified mail within 15 days after the conveyance. The Grantee may assign or transfer the right to enforce these Covenants to any Federal or state agency or private conservation organization for management and enforcement. The terms Grantors and Grantee as used herein shall be deemed to include, respectively, the Grantors and their heirs, successors, personal representatives, executors and assigns, and the Grantee and its successors and assigns. The Grantors hereby warrant and represent that the Grantors are seized of the Conservation Area in fee simple and have good right to grant and convey this Conservation Easement and make these Covenants, that the Conservancy Area is free of all encumbrances, except as hereinafter set forth. And _________________________, being the owner and holder of_____ certain ______________________ lien ______________________________ which is __________________ against said premises do hereby join in consent to said conveyance free of said lien. _______________________________ _______________________________ EXECUTIONS AND ACKNOWLEDGMENTS IN WITNESS THEREOF, the Grantors have hereto set their hand and seal this _______ day of (Month), (year). ______________________________ ______________________________ County of ________________) ) State of Iowa, Illinois, Missouri ) This instrument was acknowledged before me this _______ day of __________, by __________________ and ___________________ (name(s) with marital status). ______________________________ [SEAL] Notary Public My Commission Expires:________ Accepted this ________ day of _______, _____. Grantee: By ___________________________________ County of ________________) ) State of Iowa, Illinois, Missouri ) This instrument was acknowledged before me this _______ day of __________, by __________________ and ___________________ (name(s) with marital status). ______________________________ [SEAL] Notary Public My Commission Expires:________ IF THERE ARE ADDITIONAL HOLDERS OF INTERESTS IN THE REAL PROPERTY, CHECK HERE [ ] AND ATTACH ADDITIONAL SIGNATURE PAGES FOR THEIR CONSENT AND SUBORDINATION This instrument was drafted by: ______________________________ using a form developed by the Rock Island District, U. S. Army Corps of Engineers      page \* arabic4  5 6 7 8 M e {  ? 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