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Conservation easement 1 covers the part of the property
consisting of the northernmost 150 feet of shoreline and all
portions landward for 120 feet from the ordinary high water mark
(encumbered shoreline 1). Deed 1 states that encumbered
shoreline 1 “contains a relatively intact forested ecosystem,
providing wildlife habitat, as well as habitat for old growth
white pine trees”, that “lake front property in and around the
area of the Property is under intense development pressure,
thereby causing or at least exacerbating the impact on rare and
protected flora and fauna of the area such as the piping plover
* * * and Huron Tansy”,9 and that petitioners and LTC
recognize the scenic and natural resource values of the
Property and share the common intention to conserve
these values in perpetuity by the conveyance of a
Conservation Easement to protect the use or development
of the Property for any purpose or in any manner which
would conflict with the maintenance of these scenic and
natural resource values.
Deed 1 states further that
The purpose of this Conservation Easement is to ensure
that the scenic and natural resource values of the
Property will be retained forever. This Conservation
Easement is intended to prevent the use or development
of the Property for any purpose or in any manner which
conflicts with the perpetual maintenance of these
scenic and natural resource values. By executing this
Conservation Easement, the Grantors acknowledge that
they are giving up development rights associated with
9 The reference in deed 1 to “wildlife”, “flora and fauna”,
and the specific species of those items was a general reference
to wildlife, flora and fauna, and the specific species found
along the Lake Michigan shoreline in Emmet County and not
necessarily on encumbered shoreline 1.
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