A CONSERVATION EASEMENT NO ONE HAS READ.

By Ed Comeau- GovernmentOversite.com Below is the Conservation Easement, a legal contract, between the Town of Wakefield and NH fish and game, The US Wildlife Service and the US Department of the Interior. It will be used to conserve the land known as Union Meadows. I have a concern that this easement is not being reviewed, as any contract should, by all the citizens that will be effected by it. This easement puts private property into conservation in perpetuity, but all protocols will be enforced by government officials. Please read this easement carefully. I have redlined my concerns and added my comments in Bold.
Grantor- The Town of Wakefield Grantee- NH Fish and Game/ US Wildlife Service/ US Department of Interior. The within conveyance is a transfer to the State of New Hampshire and pursuant to RSA 78-B:2(I) it is exempt from the New Hampshire Real Estate Transfer Tax

Conservation Easement Deed The TOWN OF WAKEFIELD, a New Hampshire Municipality with a principal place of business at 2 High Street, Sanbornville, County of Carroll, State of New Hampshire, 03872 (hereinafter referred to as the "Grantor", which word includes the plural and shall, unless the context clearly indicates otherwise, include the Grantor's successors and assigns), for consideration paid, with WARRANTY covenants, grants in perpetuity to

the STATE OF NEW HAMPSHIRE, acting by and through the FISH AND GAME DEPARTMENT, with a principal office at 11 Hazen Drive, City of Concord, New Hampshire 03301 (hereinafter referred to as the "Grantee", which word includes the plural and shall, unless the context clearly indicates otherwise, include the Grantee's successors (The successor could be any future organization or entity, it is that successor that will control the property) and assigns, a Conservation Easement hereinafter (hereinafter "Easement") described with respect to six certain parcels of land (hereinafter "Property") with any improvements thereon , consisting of approximately 114.0 acres, situated on Marsh Road in the Town of Wakefield, County of Carroll State of New Hampshire, more particularly bounded and described in Appendix "A" attached hereto and made a part hereof. The Grantee has identified the area as critical wildlife habitat which includes extensive wetland, and riverine habitat, and the property provides significant habitat for waterfowl and numerous other species of wildlife. 1. Purposes The Easement hereby granted is pursuant to NH RSA 477:45-47, exclusively for the following conservation purposes (Purposes) for the public benefit: A. The conservation of lands identified as Highest Quality Habitat in the State by ecological condition in the New Hampshire Wildlife Action Plan (Can this plan be amended and changed? Does the general public know of this action plan?) and contains a diversity of habitats including palustrine and riverine wetlands, hemlock-pine forests and peat-lands B. To further the goals of the NH Wildlife Action Plan and the Wildlife Restoration Program administered by the Department of Interior, U.S. Fish and Wildlife Service, (Note: The Department of Interior, USFWS, is mentioned in the USA Country Profile -Agenda 21 chapter 15 implementation.) (Will the goals of the NHWAP and the WRP change in the future?) including but not limited to the management and enhancement of wild birds and mammals and their habitats as well as providing for public use and access to wildlife;

retain the Property forever (See imminent domain clause) in its undeveloped state for critical wildlife habitat including wetland, upland, waterfowl, and deer winter habitat, and to prevent any use of the Property that will significantly impair or interfere with its conservation values; (Who determines the conservation values?) D. To conserve and manage the wildlife habitats, wetlands, uplands, open spaces, and scenic values of which the Property consists; E. To provide for low-impact non-commercial outdoor recreation by the general public for such activities as hiking, bird watching, crosscountry skiing, hunting, fishing , trapping in accordance with RSA 210:11;
C. To

The above Purposes are consistent with the clearly delineated open space conservation goals and/or objectives as stated in the date Master Plan of the Town of Wakefield, which states "___________________________ [a]" and with New Hampshire RSA Chapter 79-A which states: "It is hereby declared to be in the public interest to encourage the preservation of open space, thus providing a healthful and attractive outdoor environment for work and recreation of the state's citizens, maintaining the character of the state's landscape, and conserving the land, water, forest, agricultural and wildlife resources. These significant conservation values are set forth in detail in baseline documentation on file with the Grantor and Grantee. All of these Purposes are consistent and in accordance with the U.S. Internal Revenue Code, Section 170(h). The Easement hereby granted with respect to the Property is as follows: 1. Use Limitations Subject to rights specified in Section(s) 3 through 5 below: Any activity on or use of the Property inconsistent with the Purposes of this Easement is prohibited. Without limiting the generality of the

foregoing, the following use limitations shall apply to the Property except as otherwise specifically provided by the Easement:
A. The

Property shall be maintained in perpetuity as open space without there being conducted thereon any agricultural, industrial or commercial activities, except forestry, including timber harvesting in accordance with a stewardship plan approved by Grantee as described in Section 3 herein and provided that the productive capacity of the Property to support diverse wildlife populations shall not be degraded by on-site activities. (Open ended statement- Stewardship plans can and will change) Definitions i. For the purposes hereof, forestry" shall include the growing, stocking, cutting, and sale of forest trees of any size for forest products or wildlife habitat management but not for nursery production; the construction of roads or other access ways for the purpose of removing forest products from the Property; and the processing and sale of products produced on the Property (such as maple syrup), all as not to be detrimental to the Purposes of this Easement and guided by a stewardship plan outlined in Section 3. ii. For the purposes hereof, wildlife habitat management shall include, but not be limited to, alteration of vegetation and soil and the placement of structures to provide habitat for a wide range of wildlife species; the construction or modification of roads or other access ways for the purpose of performing such activities, the use of farm or forest equipment, the processing and sale of agricultural or forest products produces in association with such management, all as not to be detrimental to the Purposes of this Easement and guided by a stewardship plan outlined in Section 3. iii. Riparian Buffers. For the purposes hereof, Riparian Buffers shall be the areas within 100 feet of streams and wetlands as defined below. A map entitled to be determined, on file with the Grantor and NHF&G as part of the baseline documentation, designates the approximate locations of the Riparian Buffers. In the event of a conflict between the Buffer Map and descriptions set forth below,

the latter shall govern. In the definitions below, the Stream Edge shall be measured from the edge of the normal high water mark of the Branch River and Union Meadows. Subcategories of the Riparian Buffers are as follows: No Management Buffer: The buffer extends 50 feet from the Stream Edge or to the upland edge of a mapped floodplain wetland, except where the top of the embankment is less than 50 feet from the Stream Edge, then from the Stream Edge to the top of embankment. This buffer is shown on the Buffer Map. 2) Light Management Buffer: The buffer begins at the edge of the No Management Buffer and extends to 100 feet from the Stream Edge or mapped floodplain wetland. This buffer is shown on the Buffer Map. A. Wildlife habitat management activities shall all be subject to the written approval and conditions of the Grantee regarding timing, location, scope and scale of the activities, but, may not be required to meet the stewardship planning requirements in Section 3 herein subject to the sole discretion of the Grantee. No wildlife habitat management activities shall be approved that are detrimental to the Purposes of this Easement, are inconsistent with the stewardship goals in Section 3, or degrade the productive capacity of the Property to support diverse fish and wildlife populations. (Who decides the productive capacity of the property?) B. The Property shall not be subdivided or otherwise divided into parcels of separate distinct ownership and none of the individual tracts which together comprise the Property shall be conveyed separately from one another. C. No structure or improvement, including, but not limited to, a dwelling, any portion of a septic system, parking lot, portable or composting toilet, educational building, tennis court, swimming pool, dock, athletic field, pavilion, shooting range, aircraft landing strip, tower or mobile home, shall be constructed, placed, or introduced onto the Property. However, (If you cannot have a dock 1)

and cannot use wheeled vehicles for recreation, then how do you get the boat to the water?) iv. ancillary structures and improvements including, but not limited to, an unpaved road, dam, gate, fence, bridge, culvert, or wildlife nest structure may be constructed, placed, or introduced onto the Property only to the extent necessary to accomplish the forestry, conservation or wildlife habitat management uses of the Property and provided that they are not detrimental to the Purposes of this Easement; and v. unpaved pedestrian trails and wildlife blinds may be constructed, placed, or introduced onto the Property only to the extent necessary to accomplish the low-impact noncommercial outdoor recreational or educational uses of the Property and provided that they are approved in advance by the Grantee and are not detrimental to the Purposes of this Easement. F. No removal, filling, or other disturbances of soil surface, nor any changes in topography, surface or subsurface water systems, wetlands, or natural habitat shall be allowed unless such activities: vii. are commonly necessary in the accomplishment of the forestry, conservation, wildlife habitat management, or low-impact non-commercial outdoor recreational uses of the Property as permitted by this Easement; viii. do not harm state or federally recognized rare, threatened, endangered species or other species of conservation concern, or exemplary natural communities, such determination of harm to be made at the sole discretion of the Grantee and to be based upon information from the New Hampshire Natural Heritage Inventory or the agency then recognized by the State as having responsibility for identification and/or conservation of such species; and ix. are not detrimental to the Purposes of this Easement; and x. are permitted and approved by all federal, state, local, and other governmental entities, as necessary before said activities take place. xi. do not harm state or federally recognized historical or archeological resources, such determination of harm to be made at the sole discre-

tion of the New Hampshire Division of Historic Resources or the agency then recognized by the State as having responsibility for identification and/or conservation of such resources; and (This statement will give rise to changing the perimeters of the easement at the whim of future government organizations) L. No outdoor advertising structures such as signs and billboards shall be displayed on the Property except as desirable or necessary in the accomplishment of the forestry, conservation, education, or low-impact noncommercial outdoor recreational uses of the Property, and provided such signs are not detrimental to the Purposes of this Easement. No sign shall exceed 16 square feet in size and no sign shall be artificially illuminated. M. There shall be no mining, quarrying, or excavation of rocks, minerals, gravel, sand, topsoil, or other similar materials on the Property, except in connection with any improvements made pursuant to the provisions of Sections 2.A., B., D., E., or F, above. No such rocks, minerals, gravel, sand, topsoil, or other similar materials shall be removed from the Property. N. The following restrictions shall apply to Riparian Buffers as defined in Section 2.A.i.b. 1) Within the No Management Buffer, the following additional restrictions shall apply: i) no soil disturbance, tree cutting or removal, herbicide or pesticide use. (This restriction completely isolates the public from the water use) 2) Within the Light Management Buffer, the following restrictions shall apply: i) harvesting only in frozen ground conditions or dry summer conditions; and ii) no use of heavy equipment, vehicles, or teams below the top of bank.

3) Within all Riparian Buffers there shall be no skid trails, log landings or road construction, except in circumstances where complying with this provision may result in a greater overall environmental impact or would preclude reasonable access to areas suitable for forestry. Existing roads may be retained and maintained. Any roads within a riparian buffer zone shall be designed and maintained to minimize degradation of water quality and aquatic habitat. (How are they to be designed, by whos standards?)
A. The

within described property shall in no way be used to satisfy the density, frontage or setback requirements of any applicable zoning ordinance or subdivision regulation with respect to the development of any other property. B. Use of pesticides or herbicides in connection with the permitted activities must be approved in advance in writing by the Grantee. C. There shall be no dumping, spreading, injection, burning, or burial of biosolids, man-made materials or materials then known to be environmentally hazardous. D. A fifty (50) minimal harvest buffer shall be established around all documented vernal pools, allowing only 10% basal area removal, and retaining at a minimum 75% canopy cover. All harvesting activity must be take place only in frozen ground conditions or dry summer condition. Documentation to be based on either biological criteria including: 1. Evidence of amphibian breeding. 2. The presence of a vernal pool indicator species; Or physical characteristics including: 1. The pool occupies a confined basin (standing water without a permanently flowing outlet). The pool may have an intermittent stream flowing out of it at high water, but must be isolated some of the time; and 2. pool has both a wet/dry cycle: A. The use of snowmobiles and/or non-motorized wheeled vehicles for recreational purposes shall be permitted at the discretion of the

Grantor with the approval of the Grantee, (The approval can be rejected without appeal and as the perimeters change over time, the property will be off limits) only on marked trails so placed as to have no significant negative impact on the conservation values protected by this Easement.
[b]

A. The

use of motorized wheeled vehicles for recreational purposes shall not be permitted. (In some states the definition of wheeled vehicles includes snow mobiles and since every use is subject to the approval of the grantee, the rules will change) 2. Stewardship Planning Stewardship Goals A. The right to undertake or continue any activity or use of the Property consistent with the Purposes as defined in Section 1 above and not otherwise prohibited by this Easement, provided that all substantial changes in land uses and management activities shall be in accordance with a written wildlife habitat and land management plan (the Stewardship Plan) consistent with the following stewardship goals at the time of execution of this Easement and in a manner not detrimental to the Purposes of the Easement. i. The stewardship goals are: Protection of fragile or highly erodible soils and maintenance of soil productivity; Protection of water quality, aquatic habitat, and the ecological integrity of wetlands and riparian zones; Maintenance or enhancement of native biological diversity and natural habitat values found on the Property and representative of the Seacoast Region; Identification, protection, and conservation of exemplary natural communities, unique or fragile natural areas, and rare plant and animal species on the Property, particularly those unique to or concentrated in the Salmon Falls water-

shed as identified by the Nongame and Endangered Wildlife Program, the New Hampshire Natural Heritage Bureau, or their successor entities; and Protection of unique historic and cultural features. Conservation of scenic quality as seen from public roads, trails and waters; (Who is the successor entity? The endangered wildlife program perimeters will change at the whim of what the entities find to be endangered. Wakefield will have no recourse.) ii. The goals at the time of the execution of this Easement are: To maintain or improve current distributions of waterfowl and other migratory bird populations and to help maintain optimum population levels, distributions and patterns of migration. (Distributions and patterns of migration in furtherance of the Convention of Biological Diversity treaty? Wildlands Network?) To protect, enhance, restore and manage an appropriate distribution and diversity (Who makes the determination of appropriate distribution) of wetland ecosystems and other habitats essential and significant for migratory birds, fish, shellfish and other wildlife. To protect, enhance, restore and manage exemplary and characteristic natural communities and habitats for rare, threatened and endangered species of animals and plants and natural communities. (Who makes the determination?) To protect natural areas that are important for aesthetic purposes and provide for quality public recreation and outdoor educational opportunities that are compatible with the waterfowl and wildlife resources and their management, and rare, threatened and endangered species and natural communities and their protection. (This paragraph

says provide- Who provides this- what is the cost?) To manage in consideration of a landscape perspective that respects the integrity of the ecosystem of the entire surrounding area. (Does this mean this easement controls outside of the easement area?)

Plan Preparation and Approval A. Forestry, and wildlife habitat management activities (Land Activities) shall be conducted in accordance with a stewardship plan, prepared by a licensed professional forester, a certified wildlife biologist, or by other qualified person (the Resource Professional). Any person other than a licensed professional forester or a certified wildlife biologist shall be considered a Resource Professional under this Easement only if approved in advance and in writing by the Grantee. (Therefore the only authorized professional will be dictated by the Grantee) Said Stewardship Plan must be prepared, approved and implemented in accordance with this Easement. ii. Prior to the Grantor conducting Land Activities on the Property, and if there is no existing plan that meets all the requirements of this section herein; the Grantor shall prepare the Stewardship Plan as follows: c. The Grantors Resource Professional shall draft a Plan, prepared as outlined in this section herein. d. The Grantor shall submit said Plan to Grantee for review and input regarding the wildlife habitat impacts, consistency with the Purposes stated in Section 1, the stewardship goals stated in Section 3.A. and compliance with this Easement. e. At least sixty (60) days prior to land management activities, Grantor shall submit the Stewardship Plan to the Grantee for approval. f. Within sixty (60) days after Grantees receipt of said Plan, the Grantee shall approve or disapprove the same with respect to its wildlife habitat impacts, consistency with the Purposes stated in Section 1, stewardship goals stated in Section 3.A. and compliance with this

Easement, and so inform the Grantor in writing. Any disapproval shall specify in detail the reasons therefore. If the Grantee fails to so approve or disapprove within said period, Grantor may proceed with Land Activities recognizing that the paragraph below applies. g. Grantor and Grantee acknowledge that the Stewardship Plans purpose is to guide Land Activities in compliance with this Easement and that the actual activities will determine compliance therewith. (I dont know what this means) viii. The Stewardship Plan shall specifically address and include at least the following elements: i. The long-term protection of those values for which this easement is granted, as described in Section 1. above; j. The stewardship goals set forth in Section 3.A. above; k. A statement of landowner management objectives consistent with the Purposes of this Easement and stewardship goals stated in Section 3.A. above; l. A map showing the Propertys boundaries, access roads, designated camping area and forest stand types; m. A description of the Propertys existing conditions and natural features including land cover, topography, soils, geology, wetlands, streams and ponds, wildlife habitat features, low-impact non-commercial recreational and educational uses, and boundary conditions; (This requirement is verbatim from the NRI- Natural Resource Inventory stipulation as stated in the CBD. n. Identification of plant and wildlife species of conservation concern, (Who makes this determination) and how management will enhance or avoid detrimental impacts to said plant and wildlife species; o. A [c]detailed plan for the use of the designated camping area as allowed in Section 4.C. The plan to include descriptions of limitation of numbers of campers allowed per visit, and number of visits allowed per year. p. Proposed management prescriptions for wildlife habitat management, Forestry, conservation, low-impact non-commercial recreation, and education; and

Proposed schedule of implementation of management prescriptions, including a schedule for boundary, road and trail maintenance. xviii. The Stewardship Plan shall have been prepared not more than ten (10) years prior to the date of any forestry activity. Plans prepared more than ten (10) years prior to the anticipated Land Activities date must be reviewed and updated for Grantees approval in accordance with Section 3.B. herein. (Sounds like- if the town wants to harvest trees the plan has to be in place 10 years prior to the activity. Must be approved by Grantee- again changing perimeters means they can tell you NO!) xix. In the event that the Grantor proposes a new Land Activities not included in a previously approved Plan, the Grantor shall submit an amendment to the Stewardship Plan for Grantees approval in accordance with Section 3.B. herein prior to conducting any such new management activity. Such amendments shall include any changes and additions to or deletions from the approved Plan. T. Timber harvesting with respect to such Land Activities shall be conducted in accordance with the approved Plan and be supervised by a Resource Professional and shall be subject to the following additional requirements: xxi. Harvesting shall be carried out in accordance with all applicable local, state, federal, and other laws and regulations, and in accordance with then-current, generally accepted best management practices for the sites, soils, and terrain of the Property. For references, see Best Management Practices for Forestry: Protecting New Hampshires Water Quality on Timber Harvesting Operations in New Hampshire (Sarah Smith, 2005), and Good Forestry in the Granite State: Recommended Voluntary Forest Management Practices for New Hampshire (Second Edition, December, 2010), and "Best Management Practices for Erosion Control During Trail Maintenance and Construction" (State of New Hampshire, Department of Resources and Economic Development, Division of Parks and Recreation, Trails Bureau, 1996), or similar successor standards or other publications as may be mutually agreed to by the Grantor and the Grantee; and
q.

xxii.

In areas used by, or visible to, the general public, such harvesting shall be carried out, to the extent reasonably practicable, in accordance with the recommendations contained in A Guide to Logging Aesthetics: Practical Tips for Loggers, Foresters, and Landowners (Geoffrey Jones, 1993) or similar successor standards or other publications as may be mutually agreed to by the Grantor and the Grantee. (All the requirements in this section can and will change to favor non use. Reserved Rights of the Grantor

23. 24.
[d]

Grantor retains the right to undertake or continue any activity or use of the Property consistent with the Purposes of this Easement as defined in Section 1 above and not otherwise prohibited by this Conservation Easement including without limitation the following: A. The Grantor must notify the Grantee in writing at least thirty (30) days before any exercise of the reserved rights below. B. Subject to prior approval in writing by the Grantee, the Grantor reserves the right to develop on the Property unpaved pedestrian trails and an unpaved parking area of sufficient size to accommodate 15 vehicles and to erect informational kiosks thereon. C. The Grantor retains the right to offer, on a limited basis, non-commercial, locally based, youth oriented camping in a Designated Camping Area approved by the Grantee and identified on the Designated Camping Area Map included in the Baseline Documentation Report and the Stewardship Plan. Such activity shall not to be [e]detrimental to the Purposes of this Easement as determined at the sole discretion of the Grantee, and guided by the stewardship plan outlined in Section 3. Affirmative Rights of the Grantee To accomplish the purpose of this Conservation Easement, the following rights are conveyed to Grantee by this Easement. A. Through the auspices of the Grantee, the public has the right of pedestrian access, in perpetuity, on and across the Property for low-impact
1.

non-commercial recreational activities including but not limited to hunting, fishing, trapping in accordance to RSA 210:11, hiking, cross country skiing and nature observation, in accordance with current laws and regulations. (When the current laws change, as regional planning doctrine is expanded, you will lose all control over the land) The right of overnight camping, motorized access or construction of fires on the Property by the public is not hereby conveyed. (No campfires)The Grantee agrees to cooperate with the Grantor to limit allowed public access and use of the property if the public use is not consistent with the Purposes or stewardship goals listed in Sections 1 and 3 of this Easement. B. The Grantee and its agents shall have reasonable access to the Property (Who are the Agents, who governs the enforcement authority for these agents?) and all of its parts for such inspection as is necessary to determine compliance with and to enforce this Easement and exercise the rights conveyed hereby and fulfill the responsibilities and carry out the duties assumed by the acceptance of this Easement. C. Grantee shall also have the right to, but not the obligation, and only if the Grantor fails to do so, develop on the Property an unpaved parking areas of sufficient size to accommodate 15 vehicles and to erect informational kiosks thereon. Notwithstanding the above there shall not be more than a total of one unpaved parking area of sufficient size to accommodate 15 vehicles developed on the property. D. Grantee shall have the right but not the obligation to mark and maintain the boundaries of the Easement. 5. Notification Of Transfer, Taxes, Maintenance F. The Grantor agrees to notify the Grantee in writing at least 30 days before the transfer of title to the Property. G. The Grantee shall be under no obligation to maintain the Property or pay any taxes or assessments thereon. 8. Benefits and Burdens The burden of the Easement conveyed hereby shall run with the Property and shall be enforceable against all future owners and tenants in

perpetuity; the benefits of this Easement shall not be appurtenant to any particular parcel of land but shall be in gross and assignable or transferable only to the State of New Hampshire, the U.S. Government, or any subdivision of either of them, consistent with Section 170(c)(1) of the U.S. Internal Revenue Code of 1986, as amended, or to any qualified organization within the meaning of Section 170(h)(3) of said Code, which organization has among its purposes the conservation and preservation of land and water areas and agrees to and is capable of enforcing the conservation purposes of this Easement. (Who qualifies the organization) Any such assignee or transferee shall have like power of assignment or transfer. (What does this mean?) 1. Merger The Grantor and Grantee explicitly agree that it is their express intent, forming a part of the consideration hereunder, that the provisions of the Easement set forth herein are to last in perpetuity, (Then why is there a eminent domain clause in this easement) and that to that end no purchase or transfer of the underlying fee interest in the Property by or to the Grantee or any successor (Who is this successor?) or assign shall be deemed to eliminate the Easement or any portion thereof granted hereunder under the doctrine of "merger" or any other legal doctrine. 1. Breach Of Easement B. When a breach of this Easement, or conduct by anyone inconsistent with this Easement, comes to the attention of the Grantee, it shall notify the Grantor in writing of such breach or conduct, delivered in hand or by certified mail, postage prepaid return receipt requested. C. The Grantor shall, within thirty (30) days after receipt of such notice or after otherwise learning of such breach or conduct, undertake those actions, including but not limited to restoration, which are reasonably calculated to cure swiftly said breach, or to terminate said conduct, and to repair any damage. The Grantor shall promptly notify the Grantee of its actions taken under this Section. D. If the Grantor fails to take such proper action under the preceding paragraph, the Grantee shall, as appropriate to the Purposes of this

Easement, undertake any actions that are reasonably necessary to cure such breach or to repair any damage in the Grantor's name or to terminate such conduct. The cost thereof, including the Grantee's expenses, court costs, and legal fees, shall be paid by the Grantor, provided that the Grantor is directly or primarily responsible for the breach. E. Nothing contained in this Easement shall be construed to entitle the Grantee to bring any action against the Grantor for any injury to or change in the Property resulting from causes beyond the Grantor's control, including, but not limited to, unauthorized actions by third parties, natural disasters such as fire, flood, storm, disease, infestation and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. F. The Grantee and the Grantor reserve the right, separately or collectively, to pursue all legal remedies against any third party responsible for any actions detrimental to the Purposes of this Easement. 7. Notices All notices, requests and other communications, required to be given under this Easement shall be in writing, except as otherwise provided herein, and shall be delivered in hand or sent by certified mail, postage prepaid, return receipt requested to the appropriate address set forth above or at such other address as the Grantor or the Grantee may hereafter designate by notice given in accordance herewith. Notice shall be deemed to have been given when so delivered or so mailed. 1. Severability If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid by a court of competent jurisdiction, by confirmation of an arbitration award or otherwise, the remainder of the provisions of this Easement or the application of such provision to persons or circumstances other than those to which it is found to be invalid, as the case may be, shall not be affected thereby. (Needs clarification) 1. Condemnation/Extinguishment

A. The Grantor acknowledges that at the time of the conveyance of this Conservation Easement to the Grantee, this Conservation Easement gives rise to a real property right, immediately vested in the Grantee. If a change in conditions takes place which makes impossible or impractical any continued protection of the Property for conservation purposes, and the restrictions contained herein are extinguished by judicial proceeding, the parties agree upon a subsequent sale or exchange of the Property, the Grantee shall be entitled to a portion of the net proceeds equal to the proportionate value of the Conservation Easement relative to the fair market value of the Property as a whole (or in the event that the Property is exchanged, the Grantee shall be entitled to an equivalent amount at the time of such exchange). The values of the Grantor and Grantees and both Executory Interest holders interests shall be determined by an appraisal prepared by a qualified appraiser at the time of extinguishment. By virtue of the Wildlife Restoration Program Grant from the United States Fish and Wildlife Service (sometimes the Service) for purchase of this Conservation Easement, and to the provisions set forth in the Notice of Grant Agreement recorded herewith, the Service shall be entitled to XX% of the portion of the proceeds payable to the Grantee pursuant to this Section 14 unless the Regional Director of the Service consents to or requires the Grantees use of the Services portion of the proceeds to acquire other land or interests in land of equal or greater monetary or resource value. The Grantee shall use its share of the proceeds in a manner consistent with the Purposes set forth herein or for the protection of other interest in land of equal value that serves the same approved purpose as the original property consistent with the Notice of Grant Agreement recorded herewith. (This needs to clarified) B. Eminent Domain. Whenever all or part of the Property is taken in exercise of eminent domain by public, corporate, or other authority so as to abrogate the restrictions imposed by this Conservation Easement, the Grantor and the Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking and all inci-

dental or direct damages resulting from the taking. In such event, the proceeds shall be divided between the Grantor and the Grantee in proportion to the fair market value, at the time of condemnation, of their respective interests in that part of the Property condemned. The values of the Grantors and Grantees interests shall be determined by an appraisal prepared by a qualified appraiser at the time of condemnation. By virtue of the Wildlife Restoration Program Grant from the U.S. Fish and Wildlife Service for purchase of this Conservation Easement, and to the provisions set forth in the Notice of Grant Agreement recorded herewith, the Service shall be entitled to XX% of the portion of the proceeds payable to the Grantee pursuant to this Section 14 unless the Regional Director of the Service consents to or requires the Grantees use of the Services portion of the proceeds to acquire other land or interests in land of equal or greater monetary or resource value. (If the land is in Conservation for perpetuity, how can it be taken by eminent domain? All the parties to the Convention on Biological Diversity in Europe, Asia, Canada, South America- used eminent domain to take the land out of public use to create permanent wildlife corridors that are not accessible to human beings, red zones or have become highly regulated, yellow zones.) The Grantees proceeds shall be used as specified in Section 14A. All expenses incurred by the Grantor and the Easement Holder in any such eminent domain action shall be paid out of the recovered proceeds. 13. Additional Easement Should the Grantor determine that the expressed Purposes could better be effectuated by the conveyance of an additional easement or transfer of rights, the Grantor may execute an additional instrument to that effect, provided that the Purposes of this Easement are not diminished thereby and that the public agency or qualified organization described in Section 7 above accepts the additional easement. (Who Qualifies) Such

determination and approval of an additional easement or transfer of rights shall be in writing and shall be recorded in the Carroll County Registry of Deeds. 14. GRANT AGREEMENT This Conservation Easement was acquired in part with funding received by the Grantee from grant agreement number W-XXX-L between the U.S. Fish and Wildlife Service and the State of New Hampshire, Fish and Game Department as grantee. All present and future uses of the protected property are and shall remain subject to the terms and conditions described in the Notice of Federal Grant Agreement, (What is this Federal Grant Agreement?) executed on the same date as this Easement, and recorded herewith as Appendix B, and to the other administrative requirements of the applicable grant funding program of the Service.

Nothing in this Easement shall be interpreted as a waiver of the State's sovereign immunity. (This will not protect states rights to the land within its boundaries, because this easement has affectively given power to control the land to the Grantee where all uses must be approved. The successor entities will become the Grantee. Who will those entities be in the future?) The Grantee, by accepting and recording this Easement, agrees to be bound by and to observe and enforce the provisions hereof and assumes the rights and responsibilities herein granted to and incumbent upon the Grantee, all in the furtherance of the conservation purposes for which this Easement is delivered.

IN WITNESS WHEREOF, we have hereto under set our hand this _____ day of _______________________, 2012.

Grantor Name
[f]

Grantor Name

Grantor Name STATE OF NEW HAMPSHIRE COUNTY OF On this _____ day of ____________________, 2012, before me the undersigned officer, personally appeared the Board of Selectmen, Town of New London who acknowledged the foregoing to be their voluntary act and deed for the purposes therein contained.

Before me, ______________________________________ Justice of the Peace/Notary Public My commission expires: ___________________________ Accepted: State Of New Hampshire, Fish & Game Department The State of New Hampshire, acting through its Fish and Game Department on this

day ____of __________, 2012.

________________ __________________ Glenn Normandeau, Executive Director State of New Hampshire County of ___________________ Personally appeared before me on this _______ day of _____________, 2012, Glenn Normandeau who acknowledges himself to be the Executive Director for the New Hampshire Fish and Game Department, and as such is duly authorized to executed the foregoing instrument for the purposes therein contained, by signing his name on behalf of the State of New Hampshire.

Notary Public/Justice of the Peace [seal] My Commission Expires:

APPROVALS:

Approved by the Department of Justice as to form, substance, and execution on this_____ day of __________________, 2012;

Assistant Attorney General Approved by the Governor and Executive Council: Approval Date: _________________________ Item #:____________________

APPENDIX A Property description to be added APPENDIX B Notice of Grant Agreement

The State of New Hampshire, Fish and Game Department and its successors and assigns (hereinafter DEPARTMENT) acknowledges that the above described Conservation Easement (hereinafter EASEMENT) is acquired in part with federal funds received from the Wildlife Restoration Program administered by the U.S. Fish and Wildlife Service, Division of Federal Assistance and its successors and assigns (hereinafter SERVICE) and that the Easement is subject to all the terms and conditions of Grant Agreement Number _98-L (hereinafter GRANT AGREEMENT between the Service and the Department). A copy of the Grant Agreement

is kept on file at the offices of the Service, 300 Westgate Center Drive, Hadley, MA 01035-9589 and at the offices of the Department, 11 Hazen Drive, Concord, NH 03301. The Department acknowledges that the Easement, which is the subject of this Grant Agreement, is acquired for the approved purpose of permanent protection of habitat for at-risk species. (Who determines the at risk species?) The Department further acknowledges that the Easement will be administered for the long-term protection of these habitats and species dependent thereon. The Department, as the Grant Recipient hereby acknowledge that they are responsible for ensuring that the Easement is used and will continue to be used for the approved purpose for which it is acquired and that the Easement may not be conveyed or encumbered, in whole or in part, to any other party or for any other use, whatsoever, without the written consent of the Regional Director of the U.S. Fish and Wildlife Service. If the Department loses control of the Easement, control must be fully restored to the Department or the property must be replaced, within three years, with a like Easement of equal value at current market prices and equal benefits. Further, if the Easement is used for activities that interfere with the accomplishment of the approved purpose, the violating activities shall cease and any resulting adverse effects shall be remedied. If the Department determines that the Easement is no longer needed or useful for its original purpose and the Service concurs, the Department may, with the prior written consent of the Service, either (1) acquire a conservation easement or other interest in land of equal value that serves the same approved purpose as the original property and manage the newly acquired conservation easement or other interest in land for the same purposes specified in the original Grant Agreement, or (2) repay the Service, in cash, the proportionate federal share of funds invested in the original purchase price, or to repay the Service, in cash, the proportionate federal share of the current fair market value of the Easement, or any portion thereof, whichever is higher, or (3) as a last resort, transfer the Easement to the Service or to a third-party designated or approved by the Service.

The Department, as Grant Recipient hereby confirms its obligations and responsibilities with regards to the acquired property pursuant to terms and conditions associated with Grant Agreement 98-L. By: ______________________________________ Glenn Normandeau, Executive Director Date: ________________________________, 2011 The State of New Hampshire County of _________________ Personally appeared Glenn Normandeau, Executive Director of the New Hampshire Fish and Game Department, this ______ day of _______________, 2011, and being duly authorized acknowledged the foregoing on behalf of the State of New Hampshire. Before me. ________________________________ Justice of Peace/Notary Public My Commission Expires: ____________________

Page of of Wakefield Conservation Easement

Town

[a]Is there a quote from your Master Plan that refers to land conservation? If so please insert a quote here. richard.a.cook [b]Will you want to allow snowmobiles on a existing trail? Dont need M & N. These restrictions do not prohibit motor vehicles for non-recreational uses such as forest fires or other emergencies.

richard.a.cook [c]I believe that we should try to deal with specific limitation in the Stewardship report rather then in the easement. See Section 4C for easement language on camping use. richard.a.cook [d]We should include some language in here about the use and possible removal of the garage. While the installation of gates would be allowed by the easement we can specifically mention it if you like. richard.a.cook [e]We can add a number (3) to this sentence to limit camping to if desired. richard.a.cook [f]Who will sign for the Town? BOS? richard.a.cook