DNR Grant Requirements For Conservation Easements Model Access

DNR Grant Requirements For Conservation Easements Model Access

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DNR Grant Requirements for Conservation Easements
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Model Access Easement 9/05
Recording Area
ACCESS EASEMENT
This ACCESS EASEMENT is entered into this   day of  , 20  by and
between the Grantor, name(s) of landowner(s) legal status of
landowner(s), legal status of landowner(s) (the "Landowner") and
the Grantee, name of organization, a legal status of organization
(the “Easement Holder”).
RECITALS
A. The Landowner is the sole owner of certain real estate in the
Town, Village or City of  ,   County, Wisconsin, which is
legally described in Exhibit A and incorporated herein by this
reference (the “Landowner’s Property”).
B. The Easement Holder has entered into a purchase and sale agreement
with the Landowner to purchase a parcel of land from the Landowner
that is adjacent to the Landowner’s Property. This parcel of land is
legally described in Exhibit B and incorporated herein by this
reference (the “Protected Property”).
Name and Return Address
 
C. In connection with the Easement Holder’s purchase of the Protected
Property, the Landowner has agreed to convey to the Easement Holder,
an access easement across the Landowner’s Property.
Parcel Identification Number
 
GRANT OF ACCESS EASEMENT
In consideration of the facts recited above, the Landowner and
Easement Holder agree as follows:
1. Grant of Easement. The Landowner hereby grants and conveys to the
Easement Holder a perpetual, non-exclusive, rent-free, [ twenty-foot
]  wide easement (the “Access Easement”) for ingress and egress to
the Protected Property from   Road on, over and through that portion
of the Landowner’s Property described in Exhibit C, which is
incorporated herein by this reference (the “Easement Property”). The
location of the Easement Property is shown on the Access Easement Map
on Exhibit D.
2.
Use of Access Easement. The purpose of the Access Easement is to
provide year-round pedestrian and vehicular access to and from the
Protected Property by the Easement Holder, its agents and
personnel and the Wisconsin Department of Natural Resources, its
agents and personnel.  The Access Easement shall also provide
year-round pedestrian [ and vehicular ] access for ingress and
egress for the general public. Nothing in this Access Easement is
intended to prohibit use of the Access Easement by the Landowner,
provided such use does not interfere with the use of the Access
Easement by the Easement Holder and the Wisconsin Department of
Natural Resources, and the general public.
2.
Improvements. The Easement Holder shall have the right, but not
the obligation, to construct, at its sole expense, improvements
upon the Easement Property to make the Easement Property suitable
for vehicular and pedestrian use. The Easement Holder shall also
have the right to post signs on the Easement Property notifying
the public of their right to use the Protected Property for public
recreation purposes and to access the Protected
Property through the Easement Property. The Landowner shall not be
obligated to install any of these
improvements. Any improvements on the Easement Property made by the
Landowner shall be subject to the prior written approval of the
Easement Holder.
4. Maintenance. The Easement Holder shall be responsible for
maintaining the Easement Property to the extent necessary for the uses
described in this Access Easement.
5. Damage to Easement Property. The Landowner and Easement Holder
shall be responsible for any damage they may cause to the Easement
Property. The party responsible for such damage shall promptly make
all needed repairs, restoring the Easement Property to its condition
prior to the damage.
6. Obstructions to Use of the Easement Property. Neither the
Landowner, Easement Holder nor any person permitted to use the
Easement Property under the terms of this Access Easement may utilize
the Easement Property in a way that interferes with its use by any
other person permitted to use it. Any obstructions or impediments to
the use of the Easement Property may be removed, without notice, by
the Landowner or Easement Holder and the cost of such removal shall be
borne by the party causing or responsible for such obstruction.
7. Enforcement of Agreement. The Landowner and Easement Holder shall
have the right to legally enforce this Access Easement and the
covenants, conditions and restrictions set forth herein, by whatever
action or actions are legally available, including, without
limitation, enjoining any violation or threatened violation hereof.
8. Amendments. This Access Easement may not be modified, amended or
terminated except by execution and recording of a written instrument
signed by both the Landowner and Easement Holder. Pursuant to the
terms of [ Name of grant ], Number  , the Easement Holder must
obtain the prior written approval of the Wisconsin Department of
Natural Resources before agreeing to any modification, amendment or
termination of this Access Easement.
9. Successors. All of the terms, covenants, conditions, and
obligations set forth in this Access Easement shall inure to the
benefit of and bind the Landowner and Easement Holder, and their
respective personal representatives, heirs, successors, transferees
and assigns, and shall continue as a servitude running in perpetuity
with the Landowner’s Property.
10. Severability. If any provision or specific application of this
Access Easement is found to be invalid by a court of competent
jurisdiction, the remaining provisions or specific applications of
this Access Easement shall remain valid and binding.
11. Governing Law. This Access Easement shall be governed by and
construed under the laws of the State of Wisconsin.
IN WITNESS WHEREOF, [ Name of Landowner(s) ], has agreed to and
executed this Access Easement this _______ day of ________________,
20____.
By:___________________________________________
==============================================
[Typed or Printed Name of Landowner]
___________________________________________
[Typed or Printed Name of Landowner]
STATE OF ____________________)
)ss.
_____________________COUNTY )
Personally came before me this ______ day of _________________, 20___,
the above named _______________________________________________ to me
known to be the person who executed the foregoing
instrument and acknowledge the same.
________________________________________
Signature of Notary Public
________________________________________
Typed or Printed Name of Notary Public
Notary Public, State of _____________________
My Commission (expires) (is)________________
ACCEPTANCE OF EASEMENT HOLDER’S INTEREST
========================================
The foregoing Access Easement is hereby duly accepted by [ Name of
Easement Holder ] this ________ day of _____________________,
20______.
By:________________________________________________
[Typed/Printed Name and Title of Authorized Representative] ]
Attest:________________________________________________
[ Typed/Printed Name and Title of Authorized Representative] 
STATE OF _________________)
)ss.
__________________COUNTY )
Personally came before me this ______ day of _________________, 20___,
the above named
_______________________________________ to me known to be the person
who executed the foregoing instrument and acknowledge the same.
________________________________________
Signature of Notary Public
________________________________________
Typed or Printed Name of Notary Public
Notary Public, State of ______________________
My Commission (expires) (is)_________________
This document was drafted by [ Name of drafter ]
ATTACHMENTS
EXHIBIT A – Legal Description of Landowner’s Property
EXHIBIT B - Legal Description of Protected Property
EXHIBIT C - Legal Description of Easement Property
EXHIBIT D - Access Easement Map
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