Union Meadows Easment Redline 4:9:12

8/2/2019 Union Meadows Easment Redline 4:9:12

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A CONSERVATION EASE-

MENT NO ONE HAS READ.By Ed Comeau- GovernmentOversite.com

Below is the Conservation Easement, a legal contract, between the Town of Wake-

field and NH fish and game, The US Wildlife Service and the US Department of

the Interior. It will be used to conserve the land known as Union Meadows. I have

a concern that this easement is not being reviewed, as any contract should, by all

the citizens that will be effected by it. This easement puts private property into con-servation in perpetuity, but all protocols will be enforced by government officials.

Please read this easement carefully. I have redlined my concerns and added my

comments in Bold.

Grantor- The Town of Wakefield

Grantee- NH Fish and Game/ US Wildlife Service/ US Department of Interior.

The within conveyance is a transfer

to the State of New Hampshire andpursuant to RSA 78-B:2(I) it is

exempt from the New Hampshire

Real Estate Transfer Tax

Conservation Easement Deed

The TOWN OF WAKEFIELD, a New Hampshire Municipality with a

principal place of business at 2 High Street, Sanbornville, County ofCar-roll, State of New Hampshire, 03872 (hereinafter referred to as the

"Grantor", which word includes the plural and shall, unless the context

clearly indicates otherwise, include the Grantor's successors and assigns),

for consideration paid, with WARRANTY covenants, grants in perpetuity

to


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the STATE OF NEW HAMPSHIRE, acting by and through the FISHAND GAME DEPARTMENT, with a principal office at 11 Hazen Drive,City of Concord, New Hampshire 03301 (hereinafter referred to as the

"Grantee", which word includes the plural and shall, unless the context

clearly indicates otherwise, include the Grantee's successors(The suc-cessor could be any future organization or entity, it is thatsuccessor that will control the property) and assigns,a Conservation Easement hereinafter (hereinafter "Easement") described

with respect to six certain parcels of land (hereinafter "Property") with

any improvements thereon , consisting of approximately 114.0 acres, situ-

ated on Marsh Road in the Town of Wakefield, County of Carroll State of

New Hampshire, more particularly bounded and described in Appendix

"A" attached hereto and made a part hereof.The Grantee has identified the area as critical wildlife habitat which in-

cludes extensive wetland, and riverine habitat, and the property provides

significant habitat for waterfowl and numerous other species of wildlife.

1. Purposes

The Easement hereby granted is pursuant to NH RSA 477:45-47, ex-

clusively for the following conservation purposes (Purposes) for the

public benefit:

A.The conservation of lands identified as Highest Quality Habitat inthe State by ecological condition in the New Hampshire Wildlife

Action Plan (Can this plan be amended and changed?Does the general public know of this action plan?) andcontains a diversity of habitats including palustrine and riverine wet-

lands, hemlock-pine forests and peat-lands

B.To further the goals of the NH Wildlife Action Plan and the Wildlife

Restoration Program administered by the Department of Interior,

U.S. Fish and Wildlife Service, (Note: The Department of In-terior, USFWS, is mentioned in the USA Country Profile-Agenda 21 chapter 15 implementation.) (Will thegoals of the NHWAP and the WRP change in the fu-ture?) including but not limited to the management and enhance-ment of wild birds and mammals and their habitats as well as pro-

viding for public use and access to wildlife;


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C.To retain the Property forever(See imminent domain clause)in its undeveloped state for critical wildlife habitat including wet-

land, upland, waterfowl, and deer winter habitat, and to prevent any

use of the Property that will significantly impair or interfere with its

conservation values; (Who determines the conservationvalues?)

D.To conserve and manage the wildlife habitats, wetlands, uplands, open

spaces, and scenic values of which the Property consists;E. To provide for low-impact non-commercial outdoor recreation by the

general public for such activities as hiking, bird watching, cross-

country skiing, hunting, fishing , trapping in accordance with RSA

210:11;

The above Purposes are consistent with the clearly delineated

open space conservation goals and/or objectives as stated in the

date Master Plan of the Town of Wakefield, which states"___________________________[a]" and with New Hampshire

RSA Chapter 79-A which states: "It is hereby declared to be in the

public interest to encourage the preservation of open space, thus

providing a healthful and attractive outdoor environment for workand recreation of the state's citizens, maintaining the character of

the state's landscape, and conserving the land, water, forest, agri-

cultural and wildlife resources.

These significant conservation values are set forth in detail in

baseline documentation on file with the Grantor and Grantee.

All of these Purposes are consistent and in accordance with the

U.S. Internal Revenue Code, Section 170(h).The Easement hereby granted with respect to the Property is as follows:

1. Use Limitations

Subject to rights specified in Section(s) 3 through 5 below:

Any activity on or use of the Property inconsistent with the Purposes

of this Easement is prohibited. Without limiting the generality of the


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foregoing, the following use limitations shall apply to the Property ex-

cept as otherwise specifically provided by the Easement:

A.The Property shall be maintained in perpetuity as open space without

there being conducted thereon any agricultural, industrial or com-mercial activities, except forestry, including timber harvesting in ac-

cordance with a stewardship plan approved by Grantee as described

in Section 3 herein and provided that the productive capacity of the

Property to support diverse wildlife populations shall not be degrad-

ed by on-site activities. (Open ended statement- Steward-ship plans can and will change)

Definitions

i. For the purposes hereof, forestry" shall include the growing, stock-ing, cutting, and sale of forest trees of any size for forest products or

wildlife habitat management but not for nursery production; the con-

struction of roads or other access ways for the purpose of removing

forest products from the Property; and the processing and sale of

products produced on the Property (such as maple syrup), all as not

to be detrimental to the Purposes of this Easement and guided by a

stewardship plan outlined in Section 3.

ii.

For the purposes hereof, wildlife habitat management shall include,but not be limited to, alteration of vegetation and soil and the place-

ment of structures to provide habitat for a wide range of wildlife

species; the construction or modification of roads or other access

ways for the purpose of performing such activities, the use of farm

or forest equipment, the processing and sale of agricultural or forest

products produces in association with such management, all as not

to be detrimental to the Purposes of this Easement and guided by a

stewardship plan outlined in Section 3.

iii.Riparian Buffers . For the purposes hereof, Riparian Buffers shallbe the areas within 100 feet of streams and wetlands as defined be-

low. A map entitled to be determined, on file with the Grantor

and NHF&G as part of the baseline documentation, designates the

approximate locations of the Riparian Buffers. In the event of a

conflict between the Buffer Map and descriptions set forth below,


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the latter shall govern. In the definitions below, the Stream Edge

shall be measured from the edge of the normal high water mark of

the Branch River and Union Meadows. Subcategories of the Ripari-

an Buffers are as follows:

1) No Management Buffer: The buffer extends 50 feet

from the Stream Edge or to the upland edge of a mapped

floodplain wetland, except where the top of the embank-

ment is less than 50 feet from the Stream Edge, then from

the Stream Edge to the top of embankment. This buffer is

shown on the Buffer Map.

2) Light Management Buffer: The buffer begins at the

edge of the No Management Buffer and extends to 100feet from the Stream Edge or mapped floodplain wetland.

This buffer is shown on the Buffer Map.

A.Wildlife habitat management activities shall all be subject to the writ-

ten approval and conditions of the Grantee regarding timing, loca-

tion, scope and scale of the activities, but, may not be required to

meet the stewardship planning requirements in Section 3 herein sub-

ject to the sole discretion of the Grantee. No wildlife habitat

management activities shall be approved that are detrimental to thePurposes of this Easement, are inconsistent with the stewardship

goals in Section 3, or degrade the productive capacity of the Proper-

ty to support diverse fish and wildlife populations. (Who decidesthe productive capacity of the property?)

B. The Property shall not be subdivided or otherwise divided into parcels

of separate distinct ownership and none of the individual tracts

which together comprise the Property shall be conveyed separately

from one another.

C.No structure or improvement, including, but not limited to, adwelling, any portion of a septic system, parking lot, portable or

composting toilet, educational building, tennis court, swimming

pool, dock, athletic field, pavilion, shooting range, aircraft landing

strip, tower or mobile home, shall be constructed, placed, or intro-

duced onto the Property. However, (If you cannot have a dock


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and cannot use wheeled vehicles for recreation, thenhow do you get the boat to the water?)

iv.ancillary structures and improvements including, but not limited to, an

unpaved road, dam, gate, fence, bridge, culvert, or wildlife nest

structure may be constructed, placed, or introduced onto the Proper-ty only to the extent necessary to accomplish the forestry,conserva-tion or wildlife habitat management uses of the Property and provid-

ed that they are not detrimental to the Purposes of this Easement;

and

v. unpaved pedestrian trails and wildlife blinds may be constructed,

placed, or introduced onto the Property only to the extent necessary

to accomplish the low-impact noncommercial outdoor recreational

or educational uses of the Property and provided that they are ap-proved in advance by the Grantee and are not detrimental to the Pur-

poses of this Easement.

F. No removal, filling, or other disturbances of soil surface, nor any

changes in topography, surface or subsurface water systems, wet-

lands, or natural habitat shall be allowed unless such activities:

vii. are commonly necessary in the accomplishment of the forestry, con-

servation, wildlife habitat management, or low-impact non-commer-

cial outdoor recreational uses of the Property as permitted by thisEasement;

viii. do not harm state or federally recognized rare, threatened, endan-

gered species or other species of conservation concern, or exemplary

natural communities, such determination of harm to bemade at the sole discretion of the Grantee and to be

based upon information from the New Hampshire Natural Heritage

Inventory or the agency then recognized by the State ashaving responsibility for identification and/or conser-vation of such species; and

ix.are not detrimental to the Purposes of this Easement; and

x. are permitted and approved by all federal, state, local, and other gov-

ernmental entities, as necessary before said activities take place.

xi.do not harm state or federally recognized historical or archeological

resources, such determination of harm to be made at the sole discre-


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tion of the New Hampshire Division of Historic Resources or the

agency then recognized by the State as having responsibility for

identification and/or conservation of such resources; and (Thisstatement will give rise to changing the perimeters of

the easement at the whim of future government orga-nizations)

L.No outdoor advertising structures such as signs and billboards shall be

displayed on the Property except as desirable or necessary in the ac-

complishment of the forestry, conservation, education, or low-im-

pact noncommercial outdoor recreational uses of the Property, and

provided such signs are not detrimental to the Purposes of this Ease-

ment. No sign shall exceed 16 square feet in size and no signshall

be artificially illuminated.M.There shall be no mining, quarrying, or excavation of rocks, minerals,

gravel, sand, topsoil, or other similar materials on the Property, ex-

cept in connection with any improvements made pursuant to the pro-

visions of Sections 2.A., B., D., E., or F, above. No such rocks,

minerals, gravel, sand, topsoil, or other similar materials shall be re-

moved from the Property.

N. The following restrictions shall apply to Riparian Buffers as defined

in Section 2.A.i.b.1) Within the No Management Buffer, the following additional

restrictions shall apply:

i) no soil disturbance, tree cutting or removal, herbicide or

pesticide use. (This restriction completely isolatesthe public from the water use)

2) Within the Light Management Buffer, the following restric-

tions shall apply:

i) harvesting only in frozen ground conditions or dry

summer conditions; and

ii) no use of heavy equipment, vehicles, or teams below

the top of bank.


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3) Within all Riparian Buffers there shall be no skid trails, log

landings or road construction, except in circumstances where

complying with this provision may result in a greater overall

environmental impact or would preclude reasonable access to

areas suitable for forestry. Existing roads may be retained andmaintained. Any roads within a riparian buffer zone shall be

designed and maintained to minimize degradation of water

quality and aquatic habitat. (How are they to be de-signed, by whos standards?)

A. The within described property shall in no way be used to satisfy the

density, frontage or setback requirements of any applicable zoning

ordinance or subdivision regulation with respect to the developmentof any other property.

B. Use of pesticides or herbicides in connection with the permitted activ-

ities must be approved in advance in writing by the Grantee.

C. There shall be no dumping, spreading, injection, burning, or burial of

biosolids, man-made materials or materials then known to be envi-

ronmentally hazardous.

D. A fifty (50) minimal harvest buffer shall be established around all

documented vernal pools, allowing only 10% basal area removal,and retaining at a minimum 75% canopy cover. All harvesting ac-

tivity must be take place only in frozen ground conditions or dry

summer condition. Documentation to be based on either biological

criteria including:

1. Evidence of amphibian breeding.

2. The presence of a vernal pool indicator species;

Or physical characteristics including:

1. The pool occupies a confined basin (standing water with-

out a permanently flowing outlet). The pool may have an inter-mittent stream flowing out of it at high water, but must be iso-

lated some of the time; and

2. pool has both a wet/dry cycle:

A.The use of snowmobiles and/or non-motorized wheeled vehicles for

recreational purposes shall be permitted at the discretion of the


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Grantor with the approval of the Grantee, (The approval can berejected without appeal and as the perimeters changeover time, the property will be off limits) only on markedtrails so placed as to have no significant negative impact on the con-

servation values protected by this Easement.[b]

A.The use of motorized wheeled vehicles for recreational purposes shall

not be permitted. (In some states the definition ofwheeled vehicles includes snow mobiles and since ev-ery use is subject to the approval of the grantee, therules will change)

2. Stewardship Planning

Stewardship GoalsA. The right to undertake or continue any activity or use of theProperty consistent with the Purposes as defined in Section 1

above and not otherwise prohibited by this Easement, provided

that all substantial changes in land uses and management activities

shall be in accordance with a written wildlife habitat and land

management plan (the Stewardship Plan) consistent with the fol-

lowing stewardship goals at the time of execution of this Easement

and in a manner not detrimental to the Purposes of the Easement.

i. The stewardship goals are:

Protection of fragile or highly erodible soils and mainte-

nance of soil productivity;

Protection of water quality, aquatic habitat, and the eco-

logical integrity of wetlands and riparian zones;

Maintenance or enhancement of native biological diver-

sity and natural habitat values found on the Property andrepresentative of the Seacoast Region;

Identification, protection, and conservation of exemplary

natural communities, unique or fragile natural areas, and

rare plant and animal species on the Property, particularly

those unique to or concentrated in the Salmon Falls water-


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shed as identified by the Nongame and Endangered

Wildlife Program, the New Hampshire Natural Heritage

Bureau, or their successor entities; and

Protection of unique historic and cultural features.

Conservation of scenic quality as seen from public roads,trails and waters;(Who is the successor entity? Theendangered wildlife program perimeters willchange at the whim of what the entities find to beendangered. Wakefield will have no recourse.)

ii. The goals at the time of the execution of this Easement are:

To maintain or improve current distributions of water-fowl and other migratory bird populations and to help

maintain optimum population levels, distributions and pat-

terns of migration. (Distributions and patterns ofmigration in furtherance of the Convention ofBiological Diversity treaty? WildlandsNetwork?)

To protect, enhance, restore and manage an appropriate

distribution and diversity(Who makes the determi-nation of appropriate distribution) of wetlandecosystems and other habitats essential and significant for

migratory birds, fish, shellfish and other wildlife.

To protect, enhance, restore and manage exemplary and

characteristic natural communities and habitats for rare,

threatened and endangered species of animals and plants

and natural communities. (Who makes the determi-nation?)

To protect natural areas that are important for aesthetic

purposes and provide for quality public recreation and out-

door educational opportunities that are compatible with the

waterfowl and wildlife resources and their management,

and rare, threatened and endangered species and natural

communities and their protection. (This paragraph


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says provide- Who provides this- what is thecost?)

To manage in consideration of a landscape perspective

that respects the integrity of the ecosystem of the entire

surrounding area. (Does this mean this easementcontrols outside of the easement area?)

Plan Preparation and ApprovalA.Forestry, and wildlife habitat managementactivities (Land Activi-

ties) shall be conducted in accordance with a stewardship plan, pre-

pared by a licensed professional forester, a certified wildlife biolo-

gist, or by other qualified person (the Resource Professional).

Any person other than a licensed professional forester or a certifiedwildlife biologist shall be considered a Resource Professional under

this Easement only if approved in advance and in writing by the

Grantee. (Therefore the only authorized professional willbe dictated by the Grantee) Said Stewardship Plan must be

prepared, approved and implemented in accordance with this Ease-

ment.

ii. Prior to the Grantor conducting Land Activities on the Property, and if

there is no existing plan that meets all the requirements of this sec-tionherein; the Grantorshall prepare the Stewardship Plan as fol-

lows:

c. The Grantors Resource Professional shall draft a Plan, prepared as

outlined in this section herein.

d. The Grantorshall submit said Plan to Grantee for review and input re-

garding the wildlife habitat impacts, consistency with the Purposes

stated in Section 1, the stewardship goals stated in Section 3.A. and

compliance with this Easement.

e. At least sixty (60) days prior to land management activities, Grantor

shall submit the Stewardship Plan to the Grantee for approval.

f. Within sixty (60) days after Grantees receipt of said Plan, the Grantee

shall approve or disapprove the same with respect to its wildlife

habitat impacts, consistency with the Purposes stated in Section 1,

stewardship goals stated in Section 3.A. and compliance with this


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Easement, and so inform the Grantor in writing. Any disapproval

shall specify in detail the reasons therefore. If the Grantee fails to so

approve or disapprove within said period, Grantor may proceed with

Land Activities recognizing that the paragraph below applies.

g. Grantor and Grantee acknowledge that the Stewardship Plans pur-pose is to guide Land Activities in compliance with this Easement

and that the actual activities will determine compliance therewith. (Idont know what this means)

viii. The Stewardship Plan shall specifically address and include at least

the following elements:

i. The long-term protection of those values for which this easement is

granted, as described in Section 1. above;

j. The stewardship goals set forth in Section 3.A. above;k. A statement of landowner management objectives consistent with the

Purposes of this Easement and stewardship goals stated in Section

3.A. above;

l. A map showing the Propertys boundaries, access roads, designated

camping area and forest stand types;

m.A description of the Propertys existing conditions and natural features

including land cover, topography, soils, geology, wetlands, streams

and ponds, wildlife habitat features, low-impact non-commercialrecreational and educational uses, and boundary conditions;(Thisrequirement is verbatim from the NRI- Natural Re-source Inventory stipulation as stated in the CBD.

n. Identification of plant and wildlife species ofconservation concern,

(Who makes this determination) and how management willenhance or avoid detrimental impacts to said plant and wildlife

species;

o. A [c]detailed plan for the use of the designated camping area as al-

lowed in Section 4.C. The plan to include descriptions of limitation

of numbers of campers allowed per visit, and number of visits al-

lowed per year.

p. Proposed management prescriptions for wildlife habitat management,

Forestry, conservation, low-impact non-commercial recreation, and

education; and


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q. Proposed schedule of implementation of management prescriptions,

including a schedule for boundary, road and trail maintenance.

xviii.The Stewardship Plan shall have been prepared not more than ten

(10) years prior to the date of any forestry activity. Plans prepared

more than ten (10) years prior to the anticipated Land Activities datemust be reviewed and updated for Grantees approval in accordance

with Section 3.B. herein. (Sounds like- if the town wants toharvest trees the plan has to be in place 10 years pri-or to the activity. Must be approved by Grantee- againchanging perimeters means they can tell you NO!)

xix. In the event that the Grantor proposes a new Land Activities not in-

cluded in a previously approved Plan, the Grantor shall submit an

amendment to the Stewardship Plan for Grantees approval in accor-dance with Section 3.B. herein prior to conducting any such new

management activity. Such amendments shall include any changes

and additions to or deletions from the approved Plan.

T. Timber harvesting with respect to such Land Activities shall be con-

ducted in accordance with the approved Plan and be supervised by a

Resource Professional and shall be subject to the following addition-

al requirements:

xxi. Harvesting shall be carried out in accordance with all applicable lo-cal, state, federal, and other laws and regulations,and in accordance

with then-current, generally accepted best management practices for

the sites, soils, and terrain of the Property. For references, see Best

Management Practices for Forestry: Protecting New Hampshires

Water Quality on Timber Harvesting Operations in New Hampshire

(Sarah Smith, 2005), and Good Forestry in the Granite State: Rec-

ommended Voluntary Forest Management Practices for New Hamp-

shire (Second Edition, December, 2010), and "Best Management

Practices for Erosion Control During Trail Maintenance and Con-struction" (State of New Hampshire, Department of Resources and

Economic Development, Division of Parks and Recreation, Trails

Bureau, 1996), or similar successor standards or otherpublications as may be mutually agreed to by the Grantor and theGrantee; and


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xxii. In areas used by, or visible to, the general public, such harvesting

shall be carried out, to the extent reasonably practicable, in accor-

dance with the recommendations contained in A Guide to Logging

Aesthetics: Practical Tips for Loggers, Foresters, and Landowners

(Geoffrey Jones, 1993) orsimilar successor standards or oth-er publications as may be mutually agreed to by the Grantor and the

Grantee. (All the requirements in this section can andwill change to favor non use.

23.

24. Reserved Rights of the Grantor[d]

Grantor retains the right to undertake or continue any activity or use of

the Property consistent with the Purposes of this Easement as definedin Section 1 above and not otherwise prohibited by this Conservation

Easement including without limitation the following:

A.The Grantormust notify the Grantee in writing at least thirty (30)

days before any exercise of the reserved rights below.

B.Subject to prior approval in writing by the Grantee, the Grantor re-

serves the right to develop on the Property unpaved pedestrian trails

and an unpaved parking area of sufficient size to accommodate 15

vehicles and to erect informational kiosks thereon.

C.The Grantor retains the right to offer, on a limited basis, non-commer-

cial, locally based, youth oriented camping in a Designated Camp-

ing Area approved by the Grantee and identified on the Designated

Camping Area Map included in the Baseline Documentation Re-

port and the Stewardship Plan. Such activity shall not to be [e]detri-

mental to the Purposes of this Easement as determined at the sole

discretion of the Grantee, and guided by the stewardship plan out-

lined in Section 3.

1. Affirmative Rights of the Grantee

To accomplish the purpose of this Conservation Easement, the follow-

ing rights are conveyed to Grantee by this Easement.

A.Through the auspices of the Grantee, the public has the right of pedes-

trian access, in perpetuity, on and across the Property for low-impact


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non-commercial recreational activities including but not limited to

hunting, fishing, trapping in accordance to RSA 210:11, hiking,

cross country skiing and nature observation, in accordance with cur-

rent laws and regulations. (When the current laws change,

as regional planning doctrine is expanded, you willlose all control over the land)The right of overnight camp-ing, motorized access or construction of fires on the Property by the

public is not hereby conveyed. (No campfires)The Granteeagrees to cooperate with the Grantor to limit allowed public access

and use of the property if the public use is not consistent with the

Purposes or stewardship goals listed in Sections 1 and 3 of this

Easement.

B.The Grantee and its agents shall have reasonable access to the Proper-ty (Who are the Agents, who governs the enforcementauthority for these agents?) and all of its parts for such in-spection as is necessary to determine compliance with and to en-

force this Easement and exercise the rights conveyed hereby and ful-

fill the responsibilities and carry out the duties assumed by the ac-

ceptance of this Easement.

C. Grantee shall also have the right to, but not the obligation, and only if

the Grantor fails to do so, develop on the Property an unpaved park-ing areas of sufficient size to accommodate 15 vehicles and to erect

informational kiosks thereon. Notwithstanding the above there shall

not be more than a total of one unpaved parking area of sufficient

size to accommodate 15 vehicles developed on the property.

D. Grantee shall have the right but not the obligation to mark and main-

tain the boundaries of the Easement.

5.Notification Of Transfer, Taxes, Maintenance

F. The Grantor agrees to notify the Grantee in writing at least 30 days

before the transfer of title to the Property.

G. The Grantee shall be under no obligation to maintain the Property or

pay any taxes or assessments thereon.

8. Benefits and Burdens

The burden of the Easement conveyed hereby shall run with the Prop-

erty and shall be enforceable against all future owners and tenants in


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perpetuity; the benefits of this Easement shall not be appurtenant to

any particular parcel of land but shall be in gross and assignable or

transferable only to the State of New Hampshire, the U.S. Govern-

ment, or any subdivision of either of them, consistent with Section

170(c)(1) of the U.S. Internal Revenue Code of 1986, as amended, orto any qualified organization within the meaning of Section 170(h)(3)

of said Code, which organization has among its purposes the conser-

vation and preservation of land and water areas and agrees to and is

capable of enforcing the conservation purposes of this Easement.

(Who qualifies the organization)Any such assignee or trans-feree shall have like power of assignment or transfer. (What doesthis mean?)

1. MergerThe Grantor and Grantee explicitly agree that it is their express intent,

forming a part of the consideration hereunder, that the provisions of

the Easement set forth herein are to last in perpetuity, (Thenwhy is there a eminent domain clause in this easement)and that to that end no purchase or transfer of the underlying fee inter-

est in the Property by or to the Grantee or any successor(Who isthis successor?)or assign shall be deemed to eliminate the Ease-

ment or any portion thereof granted hereunder under the doctrine of"merger" or any other legal doctrine.

1. Breach Of Easement

B.When a breach of this Easement, or conduct by anyone inconsistent

with this Easement, comes to the attention of the Grantee, it shall

notify the Grantor in writing of such breach or conduct, delivered in

hand or by certified mail, postage prepaid return receipt requested.

C. The Grantor shall, within thirty (30) days after receipt of such notice

or after otherwise learning of such breach or conduct, undertake

those actions, including but not limited to restoration, which are rea-

sonably calculated to cure swiftly said breach, or to terminate said

conduct, and to repair any damage. The Grantor shall promptly noti-

fy the Grantee of its actions taken under this Section.

D. If the Grantor fails to take such proper action under the preceding

paragraph, the Grantee shall, as appropriate to the Purposes of this


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Easement, undertake any actions that are reasonably necessary to

cure such breach or to repair any damage in the Grantor's name or to

terminate such conduct. The cost thereof, including the Grantee's

expenses, court costs, and legal fees, shall be paid by the

Grantor,provided that the Grantor is directly or primarily respon-sible for the breach.

E.Nothing contained in this Easement shall be construed to entitle the

Grantee to bring any action against the Grantor for any injury to or

change in the Property resulting from causes beyond the Grantor's

control, including, but not limited to, unauthorized actions by third

parties, natural disasters such as fire, flood, storm, disease, infesta-

tion and earth movement, or from any prudent action taken by the

Grantor under emergency conditions to prevent, abate, or mitigatesignificant injury to the Property resulting from such causes.

F. The Grantee and the Grantor reserve the right, separately or collec-

tively, to pursue all legal remedies against any third party responsi-

ble for any actions detrimental to the Purposes of this Easement.

7.Notices

All notices, requests and other communications, required to be given

under this Easement shall be in writing, except as otherwise provided

herein, and shall be delivered in hand or sent by certified mail,postage prepaid, return receipt requested to the appropriate address set

forth above or at such other address as the Grantor or the Grantee may

hereafter designate by notice given in accordance herewith. Notice

shall be deemed to have been given when so delivered or so mailed.

1. SeverabilityIf any provision of this Easement, or the application thereof to any

person or circumstance, is found to be invalid by a court of competent

jurisdiction, by confirmation of an arbitration award or otherwise, the

remainder of the provisions of this Easement or the application ofsuch provision to persons or circumstances other than those to which

it is found to be invalid, as the case may be, shall not be affected

thereby. (Needs clarification)1. Condemnation/Extinguishment


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A. The Grantor acknowledges that at the time of the conveyance of

this Conservation Easement to the Grantee, this Conservation Ease-

ment gives rise to a real property right, immediately vested inthe Grantee. If a change in conditions takes place which makes

impossible or impractical any continued protection of the Property forconservation purposes, and the restrictions contained herein are extin-

guished by judicial proceeding, the parties agree upon a subsequent

sale or exchange of the Property, the Grantee shall be entitled to a por-

tion of the net proceeds equal to the proportionate value of the Conser-

vation Easement relative to the fair market value of the Property as a

whole (or in the event that the Property is exchanged, the Grantee

shall be entitled to an equivalent amount at the time of such

exchange). The values of the Grantor and Grantees and both Execu-tory Interest holders interests shall be determined by an appraisal pre-

pared by a qualified appraiser at the time of extinguishment. By

virtue of the Wildlife Restoration Program Grant from the United

States Fish and Wildlife Service (sometimes the Service) for pur-

chase of this Conservation Easement, and to the provisions set forth in

the Notice of Grant Agreement recorded herewith, the Service shall be

entitled to XX% of the portion of the proceeds payable to the Grantee

pursuant to this Section 14 unless the Regional Director of the Serviceconsents to or requires the Grantees use of the Services portion of

the proceeds to acquire other land or interests in land of equal or

greater monetary or resource value. The Grantee shall use its share of

the proceeds in a manner consistent with the Purposes set forth herein

or for the protection of other interest in land of equal value that serves

the same approved purpose as the original property consistent with the

Notice of Grant Agreement recorded herewith.(This needs to clari-

fied)

B. Eminent Domain. Whenever all or part of the Property is taken in

exercise of eminent domain by public, corporate, or other authority so

as to abrogate the restrictions imposed by this Conservation Easement,

the Grantor and the Grantee shall join in appropriate actions at the

time of such taking to recover the full value of the taking and all inci-


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dental or direct damages resulting from the taking. In such event, the

proceeds shall be divided between the Grantor and the Grantee in pro-

portion to the fair market value, at the time of condemnation, of their

respective interests in that part of the Property condemned. The val-

ues of the Grantors and Grantees interests shall be determined by anappraisal prepared by a qualified appraiser at the time of condemna-

tion. By virtue of the Wildlife Restoration Program Grant from the

U.S. Fish and Wildlife Service for purchase of this Conservation Ease-

ment, and to the provisions set forth in the Notice of Grant Agreement

recorded herewith, the Service shall be entitled to XX% of the portion

of the proceeds payable to the Grantee pursuant to this Section 14 un-

less the Regional Director of the Service consents to or requires the

Grantees use of the Services portion of the proceeds to acquire otherland or interests in land of equal or greater monetary or resource val-

ue. (If the land is in Conservation for perpetuity, howcan it be taken by eminent domain? All the parties tothe Convention on Biological Diversity in Europe, Asia,Canada, South America- used eminent domain to takethe land out of public use to create permanent wildlifecorridors that are not accessible to human beings, red

zones or have become highly regulated, yellow zones.)The Grantees proceeds shall be used as specified in Section 14A. Allexpenses incurred by the Grantor and the Easement Holder in any

such eminent domain action shall be paid out of the recovered pro-

ceeds.

13. Additional Easement

Should the Grantor determine that the expressed Purposes could better be

effectuated by the conveyance of an additional easement or transfer of

rights, the Grantor may execute an additional instrument to that effect,

provided that the Purposes of this Easement are not diminished thereby

and that the public agency orqualified organization described in Sec-tion 7 above accepts the additional easement. (Who Qualifies) Such


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determination and approval of an additional easement or transfer of rights

shall be in writing and shall be recorded in the Carroll County Registry of

Deeds.

14. GRANT AGREEMENTThis Conservation Easement was acquired in part with funding re-

ceived by the Grantee from grant agreement number W-XXX-L be-

tween the U.S. Fish and Wildlife Service and the State of New Hamp-

shire, Fish and Game Department as grantee. All present and future

uses of the protected property are and shall remain subject to the terms

and conditions described in the Notice of Federal Grant Agreement,

(What is this Federal Grant Agreement?) executed on the

same date as this Easement, and recorded herewith as Appendix B,and to the other administrative requirements of the applicable grant

funding program of the Service.

Nothing in this Easement shall be interpreted as a waiver of the State's

sovereign immunity.

(This will not protect states rights to the land within itsboundaries, because this easement has affectively givenpower to control the land to the Grantee where all usesmust be approved. The successor entities will become theGrantee. Who will those entities be in the future?)

The Grantee, by accepting and recording this Easement, agrees to be

bound by and to observe and enforce the provisions hereof and assumes

the rights and responsibilities herein granted to and incumbent upon the

Grantee, all in the furtherance of the conservation purposes for which this

Easement is delivered.


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IN WITNESS WHEREOF, we have hereto under set our hand this

_____ day of _______________________, 2012.

Grantor Name[f]

Grantor Name

Grantor Name

STATE OF NEW HAMPSHIRE

COUNTY OF

On this _____ day of ____________________, 2012, before me the un-

dersigned officer, personally appeared the Board of Selectmen, Town of

New London who acknowledged the foregoing to be their voluntary act

and deed for the purposes therein contained.

Before me, ______________________________________

Justice of the Peace/Notary Public

My commission expires: ___________________________

Accepted:State Of New Hampshire, Fish & Game DepartmentThe State of New Hampshire, acting through its Fish and Game Depart-

ment on this


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day ____of __________, 2012.

__________________________________

Glenn Normandeau,

Executive Director

State of New Hampshire

County of ___________________

Personally appeared before me on this _______ day of _____________,2012, Glenn Normandeau who acknowledges himself to be the Executive

Director for the New Hampshire Fish and Game Department, and as such

is duly authorized to executed the foregoing instrument for the purposes

therein contained, by signing his name on behalf of the State of New

Hampshire.

No-

tary Public/Justice of the Peace [seal]

My Commission Ex-

pires:

APPROVALS:


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Approved by the Department of Justice as to form, substance, and execu-

tion on this_____ day of __________________, 2012;

Assistant Attorney

General

Approved by the Governor and Executive Council:

Approval Date: _________________________ Item#:____________________

APPENDIX AProperty description to be added

APPENDIX BNotice of Grant Agreement

The State of New Hampshire, Fish and Game Department and its

successors and assigns (hereinafter DEPARTMENT) acknowledges that

the above described Conservation Easement (hereinafter EASEMENT)

is acquired in part with federal funds received from the Wildlife Restora-tion Program administered by the U.S. Fish and Wildlife Service, Division

of Federal Assistance and its successors and assigns (hereinafter SER-

VICE) and that the Easement is subject to all the terms and conditions of

Grant Agreement Number _98-L (hereinafter GRANT AGREEMENT

between the Service and the Department). A copy of the Grant Agreement


24/26

is kept on file at the offices of the Service, 300 Westgate Center Drive,

Hadley, MA 01035-9589 and at the offices of the Department, 11 Hazen

Drive, Concord, NH 03301.

The Department acknowledges that the Easement, which is the

subject of this Grant Agreement, is acquired for the approved purpose ofpermanent protection of habitat for at-risk species. (Who determinesthe at risk species?) The Department further acknowledges that theEasement will be administered for the long-term protection of these habi-

tats and species dependent thereon. The Department, as the Grant Recipi-

ent hereby acknowledge that they are responsible for ensuring that the

Easement is used and will continue to be used for the approved purpose

for which it is acquired and that the Easement may not be conveyed or en-

cumbered, in whole or in part, to any other party or for any other use,whatsoever, without the written consent of the Regional Director of the

U.S. Fish and Wildlife Service.

If the Department loses control of the Easement, control must be

fully restored to the Department or the property must be replaced, within

three years, with a like Easement of equal value at current market prices

and equal benefits. Further, if the Easement is used for activities that inter-

fere with the accomplishment of the approved purpose, the violating activ-

ities shall cease and any resulting adverse effects shall be remedied.If the Department determines that the Easement is no longer need-

ed or useful for its original purpose and the Service concurs, the Depart-

ment may, with the prior written consent of the Service, either (1) acquire

a conservation easement or other interest in land of equal value that serves

the same approved purpose as the original property and manage the newly

acquired conservation easement or other interest in land for the same pur-

poses specified in the original Grant Agreement, or (2) repay the Service,

in cash, the proportionate federal share of funds invested in the original

purchase price, or to repay the Service, in cash, the proportionate federalshare of the current fair market value of the Easement, or any portion

thereof, whichever is higher, or (3) as a last resort, transfer the Ease-ment to the Service or to a third-party designated or approvedby the Service.


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The Department, as Grant Recipient hereby confirms its obliga-

tions and responsibilities with regards to the acquired property pursuant to

terms and conditions associated with Grant Agreement 98-L.

By:

______________________________________

Glenn Normandeau, Executive Director

Date: ________________________________,

2011

The State of New Hampshire

County of _________________Personally appeared Glenn Normandeau, Executive Director of the

New Hampshire Fish and Game Department, this ______ day of

_______________, 2011, and being duly authorized acknowledged the

foregoing on behalf of the State of New Hampshire.

Before me.

________________________________Justice of Peace/Notary Public

My Commission Expires:

____________________

Page of Townof Wakefield Conservation Easement

[a]Is there a quote from your Master Plan that refers to land conserva-tion? If so please insert a quote here.richard.a.cook

[b]Will you want to allow snowmobiles on a existing trail?Dont need M & N. These restrictions do not prohibit motor vehicles fornon-recreational uses such as forest fires or other emergencies.


26/26

richard.a.cook

[c]I believe that we should try to deal with specific limitation in theStewardship report rather then in the easement. See Section 4C foreasement language on camping use.

richard.a.cook[d]We should include some language in here about the use and possi-ble removal of the garage.

While the installation of gates would be allowed by the easement wecan specifically mention it if you like.richard.a.cook

[e]We can add a number (3) to this sentence to limit camping to if de-sired.

richard.a.cook[f]Who will sign for the Town? BOS?richard.a.cook

Documents

Union Meadows Easment Redline 4:9:12