EASEMENT
AGREEMENT

SAMPLE OF AN ABBREVIATED EASEMENT AGREEMENT

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Easements agreements are governed by state law. Below is GCN's framework for the easement agreement. The easement has to be updated based on each state's specific laws and GCN professions that know how to do this customization.

 

THIS GIFT DEED OF GIFT CONSERVATION EASEMENT is made this

___________________ between ________________________, having an address of

________________________________ (collectively, the "Grantor"), and The Global Cooling Network, (the "Grantee"), having its principal office at 5835 Valley View Drive,

Alexandria, VA 22310.

 

WHEREAS:

A. Grantor is the sole owner in fee simple of approximately _____ acres of certain real property ("the Property") in __________ County, in the state of _______, more particularly described in Exhibit 1 attached hereto and incorporated by this reference;

 

1. Purpose. It is the purpose of this Conservation Easement to preserve and protect the natural environment of the Property and to maintain forever the conservation values of the Property, and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property.

 

The Grantee, whose primary purpose is protecting the natural habitat and preserving land resources, to receive qualified conservation contributions;

 

C. Preservation of the Property is pursuant to state governmental conservation policies and will yield a significant public benefit, specifically,

 

(1) in 1966, the General Assembly declared that the preservation of land as open space serves a public purpose by promoting the health and welfare of the citizens of the Commonwealth by encouraging more desirable and economical development of natural resources, and authorized the use of conservation easements to maintain the character of open space land (Open Space Land Act of 1966, Acts 1966, C.451; Va. Code Ann. §§10.1-

1700 - 10.1-1705);

 

(2) the Virginia Conservation Easement Act (Va. Code Ann.§§10.1-1009 - 10.1-1016) authorizes certain tax exempt charitable organizations such as the Grantee to be holders of conservation easements for the purposes of retaining or protecting natural or open space values of real property, protecting natural resources, or maintaining or enhancing air or water quality;

 

(3) the xxx Land Conservation Incentives Act of 1999 (Va. Code Ann. §§ 58.1-510 - 58.1- 513) provides an income tax credit for donors of interests in land for conservation purposes to encourage the preservation of xxx's natural resources, wildlife habitats, open spaces, and forested resources; and

 

Forest Management

Forest management is an integral element in the restoration of ecological health to the Property. A significant goal is to revegetate most of the Property with native and appropriate forest plant species, thereby improving stream and groundwater quality, air quality, plant and animal habitat, and microclimate, and providing windbreaks and noise control. Therefore, Grantor agrees to plant or use natural regeneration to maintain native trees on the Property so that no less than 75% of the acreage shall be forested as designated in Exhibits A and B. Grantor agrees to use only natural succession practices. for the management of the forest on the

 

Property to maintain, preserve, or enhance the

conservation values, and any such management plan shall provide for the protection of all healthy trees on the Property. This provision does not prevent the removal of dead trees that are hampering the farming or residential use of the Property or diseased trees and vegetation.

 

Organic Management

Grantor agrees to maintain the certification from the United States Department of Agriculture (2006 standards or greater rigor) that the Property is being maintained pursuant to organic management standards, or equivalent certification as determined by Grantee.