Charles F. and Susan G. Glass - Page 14

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          generally neighboring landowners (or the renters of homes on that           
          land), family, or friends.  The landowners on Lake Michigan                 
          generally have an informal understanding that they (or their                
          guests, including renters of their land) may walk along Lake                
          Michigan on each other’s land.                                              
          IV.  Easement on the Property Contributed by Petitioners in 1990            
               On December 31, 1990, petitioners recorded a document                  
          (previous deed) entitled “Deed of Conservation Easement”.  The              
          previous deed reflected an easement (previous easement) that                
          petitioners contributed to the Lake Traverse Conservancy (LTC)              
          Trust (trust).  The previous easement covers the approximately              
          2.64 acres of the property consisting of the width of the                   
          property at M-119 and 250 feet inland towards Lake Michigan.8               
          The previous deed generally restricts the building, construction,           
          development, or removal of trees on the portion of the property             
          encumbered by the previous easement (encumbered woodland), but              
          allows for the building of (and removal of trees for) a                     
          3,200-square-foot garage/work space/studio and related access               
          road.  When petitioners contributed the previous easement to the            
          trust, petitioners did not consider whether or how the                      
          development of the unencumbered portion of the property would               
          affect the encumbered woodland.                                             

               8 The previous deed notes that an access road runs through             
          the previous easement to the garage, which is on a portion of the           
          property not covered by the previous easement.                              




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