DCPZP-2016-00601 - Laserfiche WebLink

Home Browse Search

> Protection of lands adjacent to Donald County Park as identified in the Dane County Parks & Open Space Plan 2006-2011. E. Qualified Organization. County is qualified to hold conservation easements under Section 700.40(1)(b) of the Wisconsin Statutes and is also a qualified organization within the meaning of Section 170(h)(3) of the Internal Revenue Code, as that section may be amended from time to time, and in the regulations promulgated thereunder. F. Conservation Intent. Landowner and County share the common purpose of preserving the Conservation Values of the Property in perpetuity. Landowner intends to place restrictions on the use of the Property to protect those Conservation Values. Landowner further intends to convey to the County, and the County agrees to accept, the right to monitor and enforce these restrictions in order to preserve,enhance and protect the Property for the benefit of this generation and generations to come. GRANT OF CONSERVATION EASEMENT In consideration of the facts recited above and the mutual covenants contained in this Easement, the receipt and sufficiency of which is hereby acknowledged, and pursuant to Section 700.40 of the Wisconsin Statutes, the Landowner hereby voluntarily grants and conveys to the County a Conservation Easement in perpetuity over, in and to the Property(herein"Easement"). This Easement consists of the following terms, rights and restrictions: 1. Purpose. The Purpose of this Easement is to preserve the Property in perpetuity in its predominantly natural, scenic, forested, agricultural, and open space condition, and to prevent any use of the Property that will adversely impact or interfere with its Conservation Values. The Landowner intends that this Easement will confine the use of the Property to activities that are consistent with the Purpose of the Easement. Further, the Purpose of this Easement is to maintain certain wooded areas in their presently undeveloped condition to enhance and protect the scenic enjoyment for the public from the adjacent lands of Donald County Park and to protect and preserve the water quality of Fryes Feeder and Mount Vernon Creek. Another purpose of the Easement is to permit the continuation of active farming in the tillable areas and to preserve the pastoral beauty of the Property for the enjoyment of the public. 2. Restrictions,Prohibited Uses and Certain Reserved Rights of the Landowner. Any activity on or use of the Property inconsistent with the Purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following provisions identify activities and uses that are expressly prohibited and some rights that are expressly reserved to the Landowner: 2.1 Animals. The Property may not be used as a game farm, shooting preserve, fur farm or deer farm, licensed under Chapter 169 of the Wisconsin Statutes, as that Chapter may be amended from time to time. The Landowner and Landowner's guests may hunt and trap game species on the Property as allowed under state law. 2