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l , significant areas, to restrict land divisions, to retain and protect open space values of real property and assure the availability of real property for agricultural, forest,. recreational or open space uses; and WHEREAS, Grantor desires and intends that the agricultural open space values of the Property be preserved and maintained in order to assure the availability of real property for agricultural, forestry and open space uses; and WHEREAS, the value of the Property has not been and is not likely to be adversely affected to any substantial extent by the continued maintenance in its present condition of the structures located on the Property, or by their future repair, maintenance or replacement, nor by the construction and maintenance of the additional structures specifically permitted herein; and WHEREAS, the Grantor and the Grantees desire, intend and have the common purpose of retaining the Property in agricultural open space use by placing restrictions on the use of the Property and authorizing Grantees to monitor and enforce such restrictions, all as described herein; and WHEREAS, the specific conservation values of the Property are documented in an inventory of relevant features of the Property, dated April 21, 1997, on file at the offices of the Town and incorporated by this reference ("baseline data"), which consists of reports, maps, photographs and other documentation that the parties agree provide, collectively, an accurate representation of the Property at the time of this Grant intended to serve as an objective information baseline for monitoring compliance with the terms of this Grant; and WHEREAS, the common law and the uniform conservation easement act, section 700.40 of the Wisconsin Statutes, provide for the creation and conveyance of conservation easements which impose restrictions or affirmative obligations on the owner of lands; and WHEREAS, the Town of Dunn and Gathering Waters, Inc., is each qualified to be a "holder" (as that term is defined in section 700.40(1)(b) of the Wisconsin Statutes) of conservation easements to retain natural, scenic and open space values of property pursuant to section 700.40(2) of the Wisconsin Statutes; and WHEREAS, the Grantees agree by accepting this Grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come. H:\W I P\1126\155\EAS EMEN2.MPD 0415971138 2