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as the piping plover * * * and Huron Tansy”,10 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 2 also states verbatim with deed 1 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
the Property. In addition, this Conservation Easement
includes covenants on the part of the Grantors to
refrain from doing certain acts, as set forth below, so
that all uses of the Property will be consistent with
this Conservation Easement. Grantee accepts this
Conservation Easement to conserve the natural resources
and scenic values of the Property for the present and
future generations. The parties acknowledge that this
Conservation Easement constitutes a servitude upon the
land and runs with the land.
Deed 2 goes on to list activities that are restricted on
encumbered shoreline 2 (e.g., mining activities and, except as
otherwise provided in deed 2, development, construction,
improvement, or similar acts that would destroy any part of
10 The reference in deed 2 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 2.
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