201403613 - Laserfiche WebLink

Browse

201 403613 1. PURPOSE. The purpose of this Conservation Easement is to preserve and protect in perpetuity the Conservation Values (defined below) (the Conservation Purpose). The Property is a natural area that consists of "a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used in 26 USC 170(h)(4)(A)(ii) and applicable regulations. Specifically the Property contains native prairie, approximately 5,330 feet of frontage on the Platte River, and also provides migratory staging habitat for whooping crane, sandhill crane, waterfowl, and shorebirds. Undeveloped land along the border of the active river channel is particularly important to the ecological and hydromorphological functioning of the Platte River. The absence of buildings, lighting, or other disturbances that might disrupt the use of the river for roosting or nesting birds, along with other wildlife use, is a critical component of the Property. In addition, the undeveloped and unarmored river bank allows the river to pick up and deposit sediment and alter its course of flow; both of which are essential components of a functioning river. The native, unplowed, and diverse prairie communities on the Property are also extremely important and are rare along the Platte River corridor. Maintaining native plant diversity is particularly important because that diversity is the foundation for the diversity and abundance of other species, especially insects. Plant diversity is also essential for sustaining ecological processes such as pollination and for promoting the overall ecological resilience on the Property and surrounding areas. The attributes of the Property described in this section and in the Easement Documentation Report referenced below are collectively referred to in this Conservation Easement as the Conservation Values. 2. EASEMENT DOCUMENTATION REPORT. The Grantee and the Conservancy acknowledge that an Easement Documentation Report of the Property has been prepared and that the report has been approved in writing by the Conservancy and Grantee. A copy of the report is on file with Grantee and the Conservancy at their respective addresses for notices set forth below. The Conservancy agrees to provide a copy of the report to the Grantee's successors in title upon written request. The parties agree that the report contains an accurate representation of the natural resources and physical condition of the Property at the time of this conveyance, of the current and historical uses of the Property, and a more detailed description of the Conservation Values. 3. PROPERTY USES. Any activity on or use of the Property inconsistent with the Conservation Purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following is a listing of activities and uses which are expressly prohibited or which are expressly allowed. Additional retained rights of Grantee are set forth in Section 4 below. 3.1 Subdivision. The Property may be divided, partitioned, subdivided, or conveyed into no more than two tracts by Grantee, after which the Property shall not be further divided, subdivided or partitioned. Each of these tracts shall continue to be bound by and Page 7 of 24 Pages