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20140619 13975 Co Rd P18 Kenneth Hansen■ IV 4ci 611 __ - • *40 After recording return to: The Nebraska Land Trust 9200 Andermatt Drive, Suite 7 Lincoln, NE 68526 1 2014 JUN 19 PM 1: 4 4 KARr.1'.I A. , VIADSEN WASHINGTON COUNTY REGISTER OF DEEDS BL AIR,. NF THIS CONSERVATION AND PRESERVATION EASEMENT (hereinafter "Easement ") executed this O of ��, p , 2014 by and between Kenneth E. Hansen and Diane L. Hansen, husband and wife, who reside at 13975 Co. Rd. P 18, Blair, NE 68008 (hereinafter "Grantors "), and The Nebraska Land Trust, Incorporated (hereinafter "THE LAND TRUST" or "Grantee "), a Nebraska nonprofit association, with its principal office located at 9200 Andermatt Drive, Suite 7, Lincoln, Nebraska, 68526. The Grantors and THE LAND TRUST are referred to collectively as the Parties. RECITALS: WHEREAS, the Grantors own in fee simple approximately 67 acres of real property in Washington County, Nebraska as described in the attached Exhibit "A" (herein referred to as the "Protected Property"), which possesses agricultural, aesthetic, ecological, and educational value in its present condition; and WHEREAS, the Protected Property has open farmland and grassland that is agriculturally productive and an important part of the agricultural landscape in Washington County, providing productive soils for crop production; and WHEREAS, the Protected Property includes woodlands overlooking the Missouri River Valley, which provides habitat for migratory and nesting songbirds; and WHEREAS, the Protected Property has exceptional educational value and could be used by students of any age to learn about native woodlands, bird watching and the enjoyment of nature, and IL- E D �. WHEREAS, the Protected Property provides scenic views from public roads; and WHEREAS, All of the above constitute the Conservation Values of the Protected Property; and WHEREAS, the Grantors desire to conserve the Conservation Values and present status of the Protected Property by conveyance to THE LAND TRUST of this Conservation and Preservation Easement (hereinafter "Easement") for the purpose of conserving the present status and Conservation Values of the Protected Property and to prevent the use or development of the Protected Property for any purpose or in any manner which would conflict with the maintenance of the Protected Property in the present condition for both this and all future generations except as explicitly provided for herein; and WHEREAS, the Parties hereto recognize the agricultural, natural, educational, and scenic character of the Protected Property and the Parties hereto have the common purpose of conserving the aforesaid Conservation Values of the Protected Property (hereinafter "Conservation Purposes "); and WHEREAS, THE LAND TRUST wishes to accept the Easement as provided in Sec. 76- 2,112, R.R.S. Neb., 1943 (as amended); and WHEREAS, the present status of the aesthetic, agricultural, ecological, educational, and natural condition of the Protected Property at the date this Easement becomes effective, is evidenced by reports, photographs, maps and scientific documentation possessed at the present time. Said evidences of the condition of the Protected Property are referred to collectively as the Baseline Documentation Report dated April 18, 2014, which is incorporated herein by reference; and WHEREAS, the Conservation Purposes of this Easement are recognized by, and this Easement will serve, at least and without limitation, the following clearly delineated governmental conservation statutes, policies, and programs: The Farmland Protection Policy Act, P.L. 97 -98, 7 U.S.C. §§ 4201, et seq., whose purpose is "to minimize the extent to which Federal programs and policies contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that Federal programs are administered in a manner that, to the extent practicable, will be compatible with State, unit of local government and private programs and policies to protect farmland;" The policy of the State of Nebraska to conserve fish and wildlife resources for future generations, which the Nebraska Legislature has memorialized through various conservation - related statutes; WHEREAS, THE LAND TRUST has, among its corporate purposes, the preservation of land providing open space, agricultural productivity, wildlife habitat, historical sites, and scenic qualities to ensure its continuing availability for these uses; and Hansen Farm Conservation Easement 2 20140 - 0 18 3 9 WHEREAS, THE LAND TRUST has, among its corporate purposes, the preservation of land providing open space, agricultural productivity, wildlife habitat, historical sites, and scenic qualities to ensure its continuing availability for these uses; and WHEREAS, THE LAND TRUST is a publicly supported tax exempt not - for - profit organization qualified under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code "). THE LAND TRUST is therefore qualified under Section 170(h) of the Code and possesses the authority to acquire a Conservation and Preservation Easement under the provisions of Sec. 76 -2,111 to Sec. 76- 2,118, R.R.S. Neb., 1943 (as amended) called the "Conservation and Preservation Easement Act" (the "Act "); and WHEREAS, the Grantors are the sole owner of the fee simple interest in the Protected Property; and NOW, THEREFORE, for the reasons given, and in consideration of various considerations and their mutual promises, covenants, terms, conditions, and restrictions herein, Grantors voluntarily grant and convey to THE LAND TRUST (hereinafter "Grantee "), and Grantee voluntarily accepts, a perpetual Conservation and Preservation Easement, an immediately vested interest in real property defined by the Act and of the nature and character described in this Easement, exclusively for the purpose of conserving and forever maintaining the Conservation Purposes of the Protected Property. Furthermore, Grantors and Grantee hereto agree as follows: ARTICLE I Grant of Easement Grantors, for themselves and their beneficiaries, successors and assigns (collectively, "Grantors "), hereby irrevocably grant, transfer and convey to THE LAND TRUST, its successors and assigns, this Easement encumbering the Protected Property in perpetuity as authorized by and subject to all provisions of the Code and the Act. This Easement conveyance is a donation from Grantors to the Grantee. ARTICLE II Covenants relating to the Protected Property All activities that are inconsistent with the Conservation Purposes of this Easement are prohibited. Additionally, Grantors covenant and bind the Protected Property in perpetuity, such covenants to run with the Protected Property, as follows: A. Access: There shall be no public access to the Protected Property without the prior verbal or written consent of Grantors. "Public" shall not include Grantee or guests and invitees of Grantee. Grantors hereby give consent to Grantee and its designated agents (a) to make an annual inspection of the Protected Property and (b) such other inspections as may be reasonably necessary to confirm the status of the Protected Property in the event Hansen Farm Conservation Easement 3 Grantee has cause to believe there has been a violation of this Easement. In no event shall Grantee or its agents access the Protected Property without prior reasonable notice to Grantors. Grantee shall have no right to limit the access of Grantors or any guest, invitee, licensee or tenant of Grantors or any parties who shall farm the Protected Property as tenants. S. Industrial and Commercial Uses: There shall be no development of the Protected Property for industrial, commercial or residential purposes, including but not limited to: buildings, billboards, telecommunications towers, motocross tracks, golf courses, commercial wind turbines, power lines, mobile homes, mining, water development for sale or transport off - site, and oil or gas development, except as provided under Article III below. C. Division or Subdivision of the Property: Notwithstanding that the Protected Property may have been divided or subdivided prior to this Easement, the Protected Property subject to this Easement may only be conveyed as a single tract. The Grantors do not have the right to divide, subdivide, or take any action that creates an actual or de facto division or subdivision of the Protected Property. D. Mining: All surface or open pit exploration for extraction or removal of oil, gas, and other minerals, rock, gravel, or sand found in, on, or under the Protected Property is prohibited. No sub - surface or other exploration or extraction of oil, gas, rock, gravel, sand, or other minerals, including the lease, sale, or other disposition of the rights to such materials is allowed. However, soil, sand, gravel or rock may be extracted without further permission from Grantee so long as such extraction is solely for use on the Protected Property for non - commercial purposes, is in conjunction with activities permitted herein, is accomplished in a manner which is consistent with the purpose of this Easement and does not substantially diminish or impair the Conservation Values, and has a limited and localized impact on the Protected Property. E. Dumping and Deposit of Waste: No trash, hazardous waste, debris, ashes, sawdust, liquid waste, construction waste, used chemical containers, furniture, and other non- compostable refuse may be dumped or otherwise disposed of on the Protected Property, except livestock manure associated with normal agricultural activities, and permitted by applicable state and federal laws. If the Grantors become aware of any accidental, illegal, or other placement or spilling of hazardous substances or waste or toxic materials, including oil and petroleum products, on the Protected Property, the Grantors shall notify the Grantee on a timely basis. F. Timber Harvesting: The Grantors shall not harvest timber on the Protected Property except as specifically allowed in Article III. Hansen Farm Conservation Easement 4 G. Water Resources: Grantors shall not develop water resources for the sale and transport of water off site. H. Roads: Grantors shall not construct any new roads except as specifically provided for in Section III. L Native Flora and Fauna: Grantors shall not remove or destroy any native plants, trees, vegetation, or wildlife, except as permitted in Article III, or for the control of weeds and pests consistent with generally accepted agricultural practices in Washington County, Nebraska. Notwithstanding the forgoing, Grantors may maintain and improve the Protected Property for the purpose of enhancing native wildlife, native vegetation, and educational values, subject to obtaining Grantee's prior approval which shall not be unreasonably withheld. J. Surface Alteration: Grantors shall not engage in grading that results in permanent changes to the topography of the landscape, except as provided for in Article III. K. Off -Road Vehicles: The Grantors shall not use vehicles off of existing roads and travel -ways in a manner that may result in apparent erosion or compaction of the soil, impact on the natural appearance of the Protected Property, damage or destruction to vegetation, or interference with use of the natural habitats by the wildlife species occurring on the Protected Property. The Parties recognize, however, that the use of off -road vehicles may be necessary in property management and retrieval of harvested big game animals, and such limited use is therefore expressly permitted, provided that all reasonable efforts are made to minimize any adverse impact of the use, consistent with the terms and intent of this Easement. Any off -road vehicle use must be consistent with the first sentence of this Paragraph. L. Game Proof Fences: Grantors shall not construct any big game proof fences, which are defined as any fence that cannot be crossed by elk, deer or other big game wildlife, except in the Building Envelopes and around archeological and/or cultural features. M. Noxious and Detrimental Species. The Grantors shall not introduce into the Protected Property any plant species designated as noxious or detrimental to wildlife by local, state, or federal land or wildlife agencies. N. Construction: The Grantors shall not construct any structures or facilities except as specifically provided for in Article III, below. O. Commercial Feed Lot: The Grantors shall not establish or maintain any commercial feedlot. For the purposes of this Easement, a commercial feed lot shall be defined as a permanently constructed, confined area or facility within which the land is not grazed or cropped annually, for purposes of Hansen Farm Conservation Easement 61 engaging in the business of the reception and feeding of livestock. Nothing in this Paragraph shall prevent Grantors from seasonally confining their livestock into an area for feeding consistent with historical practices. P. Utilities: Other than those permitted in Article III, additional utility structures and systems are prohibited. Q. Billboards: The Grantors shall not construct, maintain, or erect any commercial signs or billboards on the Protected Property. Small signage may, however, be displayed to state the name of the owner and the Protected Property, partners in the protection, management and use of the Protected Property, and that the property is protected by this Easement, to prohibit any unauthorized entry or use, or to advertise for the sale of the Protected Property, to advertise goods produced on the Protected Property, or to advertise 'Bed and Breakfast" lodging accommodations. R. Aircraft Facilities: The Grantors shall not construct or erect any aircraft facilities or aircraft landing facilities on the Protected Property. ARTICLE III Grantors' Reserved Rights Except as expressly limited by this Easement, Grantors reserve for themselves, their invitees, licensees, tenants, and guests all rights of an owner of the Protected Property, including the right to use it for all purposes consistent with this Easement. A. Agriculture: Grantors shall have the right to use the Protected Property for the production, processing, and marketing of agriculture crops, including "traditional" domestic livestock and organic agriculture. B. Building Envelope: Two, alternative Building Envelopes are shown on the attached " Exhibit A " , and identified as Site A and Site B. Grantors reserve the right to select one of these Building Envelopes to construct or place one single - family residence and associated outbuildings. Grantors shall notify Grantee in writing regarding their selection of either Site A or Site B prior to the commencement of any construction within the Building Envelope. Grantee, at its discretion, may require the Grantors to provide a survey of Building Envelope boundaries prior to the commencement of any new construction. Once a site is selected by the Grantors, the Alternate Building Envelope shall be null and void and Grantors shall have no further rights to construct within or alter that Alternative Building Envelope. Grantors and Grantee may amend this Easement to remove the Alternative Building Envelope, but doing so is not required in order to nullify the Alternative Building Envelope. Hansen Farm Conservation Easement G1 Any slopes that may be altered due to construction within the Building Envelope must be a 3:1 slope or less and must be reseeded to grass or other groundcover. Any allowed residence or associated outbuildings may be repaired or replaced with a similar structure located within the Building Envelope. The Grantors also have the right to construct, reconstruct, maintain and repair, if necessary, utilities and an access road to the Building Envelope. Any utility corridor and /or roadway must follow the least damaging feasible route with regard to or within the Protected Property. C. Agricultural Structures and Improvements: New major buildings and improvements such as barns, sheds, and garages which are to be used solely for agricultural purposes, including the processing or sale of agricultural products predominantly grown or raised on the Protected Property, may be built within the Building Envelope described in Exhibit A . Water lines and water tanks may be constructed anywhere on the Protected Property provided however, that any such structures shall be located with the intent of causing the least possible disturbance. D. Terraces and Dams: The Grantors may construct, maintain, replace and repair terraces, tile lines, risers, and dams on the Protected Property according to Natural Resource Conservation Service (MRCS) standards, to retain moisture and reduce erosion in cropland, provided however, that any such terraces and /or dams shall be located with the intent of causing the least possible disturbance to natural resources. E. Water Resources: In accordance with applicable laws and regulations, the Grantors may maintain, enhance and develop any new or existing water resources which may include but are not limited to wells, windmills, buried water pipelines, irrigation, stock tanks and stock ponds on the Protected Property for permitted agricultural activities, domestic needs, fish and wildlife uses, and private recreation, except in those areas known to possess archeological resources. F. Forest Management and Timber Harvest: Maintenance of wooded areas and tree cover is integral to and part of the Conservation Purposes, including wildlife habitat. As such, all activities affecting wooded areas and tree cover shall be conducted in a manner that maintains healthy woodland conditions over time and sustains and perpetuates the mix of native, naturally occurring species in representative ages and group sizes. No trees (except those described in the paragraph below) may be harvested from the area designated as woodland on the Protected Property. The Grantors may: (i) cut and gather dead, dying and down trees in the area designated as woodland for firewood for personal use and to abate disease and infestation; (ii) cut or prune trees and brush, which constitute a hazard to persons, property, or road; (iii) cut trees within the Building Envelope; (iv) control invasive woody species such as eastern red cedar, honey locust, and Siberian elm, to preserve and restore native forest habitat; and, (v) remove trees outside of the Hansen Farm Conservation Easement 7 designated woodland to maintain, improve, and preserve grasslands, croplands, fence lines, and sight lines in education and prairie restoration areas that enhance scenic value. G. Range Management and Livestock Production: The Grantors may use the Protected Property for common or typical livestock production outside of the designated woodland, including hay production, grazing, feeding, breeding, raising, and managing livestock, provided these activities do not materially jeopardize the Conservation Purposes. The term "livestock" includes American Bison (Bison bison) and other livestock that are considered "traditional" at the time of the execution of this Easement and within the local area surrounding the Protected Property. Sound range stewardship and livestock management are integral to the protection of the wildlife habitat and other Conservation Values protected by this Easement. As such, all activities affecting range health will be conducted in a manner that fosters and/or maintains the ecological function of the land, water processes, wildlife, and plant community succession. Livestock grazing shall not exceed generally accepted standards for Washington County. H. Construction of Roads: Maintenance of existing farm roads and trails is permitted, but no portion of the Protected Property outside of the Building Envelope shall be paved or otherwise covered with concrete, asphalt, or any other paving material. Nor shall any new unpaved road be constructed within the Protected Property except as needed for agricultural and educational activities. I. Installation of Utilities: Grantors may install utilities for serving those uses permitted on the Protected Property by the terms of this Easement. To the extent practicable, such utilities shall follow the least damaging feasible route with regard to or within the Protected Property. J. Walking Trails: The Grantors may construct walking trails, including benches, interpretive signs, and bridges to cross streams or ravines, subject to approval of the Grantee whose approval shall not be unreasonably withheld. K. Educational Use: The Grantors may allow the property to be used by groups of any age for educational purposes, subject to prior notification and Grantors approval. L. Fencing: The Grantors may construct, maintain, replace and repair fences on the Protected Property without prior approval of the Grantee, including localized fences as needed to control drifting snow. Big game proof fences are permitted within the Building Envelope without prior approval of the Grantee. No other big game proof fences can be constructed on the Protected Property. M. Recreational Uses: Unless otherwise restricted herein, any passive recreational and educational activities that do not impact the Conservation Purposes, Hansen Farm Conservation Easement 8 agricultural operation, and soils are permitted, including camping, hunting, and fishing consistent with state and federal laws and regulations. N. Hunting Blinds: Temporary hunting blinds may be constructed on the Protected Property, so long as they are removed after hunting season. G. Renewable Power Generation: The construction of wind, solar, biomass, and /or other renewable power generation facilities for on -site domestic use in conjunction with those activities permitted by this Easement are permitted within the Building Envelope on the Protected Property, after reasonable notice to Grantee containing a description and location map. P. Brush Piles: Grantors may place tree stumps, logs, and brush originating from the Protected Property in piles for burning, decay, or disposal outside of the designated woodland. Q. Habitat Improvement: Subject to other provisions of this Easement, the Grantors reserve the right to undertake habitat improvement projects, subject to a plan approved by the Grantee, which will enhance terrestrial and /or aquatic wildlife habitat. All such activities shall be undertaken in order to protect the Conservation Purposes of the Protected Property. Grantors may restore cropland to grassland for livestock grazing and hay production, so long as high quality certified weed -free seed is used that consists of native grass and forb species found in the local area. Grantors must plant grassland on cropland that has remained fallow for more than two years, using certified weed -free seed that consists of native grass and forb species found in the local area. R. Restoration of Grassland to Cropland: Grassland on the Protected Property that is enrolled in the federal government's Conservation Reserve Program (CRP) may be plowed and returned to crop production, subject to the terms and restrictions in the CRI' contract. S. Prescribed Fire: Grantors reserves the right to conduct prescribed burning of grasslands outside of the designated woodland to improve grassland health and to control invasive species, so long as this activity is conducted in a manner that does not impair the Conservation Values of the Property and adheres to local and state regulations. T. Agrichemicals: The Grantors may use agrichemicals outside of the designated woodland, but only in accordance with all applicable laws and in those amounts and with that frequency of application constituting the minimum necessary to accomplish reasonable farming objectives and/or to improve wildlife habitat. The use of such agents shall be conducted in such a manner as to minimize any adverse effect upon the Conservation Values of the Protected Property and to avoid any impairment of the natural ecosystems and their processes. U. 'Water Resources: In accordance with applicable laws and regulations, the Grantors may maintain, enhance and develop any new or existing water resources Hansen Farm Conservation Easement 9 which may include but are not limited to wells, windmills, buried water pipelines, irrigation, stock tanks and stock ponds on the Protected Property for permitted agricultural activities, domestic needs, fish and wildlife uses, and private recreation. V. Residual Rights: Except as limited by this Easement, the Grantors may exercise and enjoy all rights as owners of the Protected Property, including the right to use the Protected Property for any purpose consistent with this Easement. ARTICLE IV General Provisions A, Enforcement: The Grantee may enforce this Easement in law or in equity against Grantors, their successors, assigns, licensees, tenants and permitees. If there is a violation of any of the provisions of this Easement, the Grantee shall have the right to notify the party in violation, who shall promptly cure the violation by: (1) Ceasing the violation; or (2) Restoring the Protected Property to its condition before the violation; or (3) Both, as the case may be. If the violation continues, the Grantee shall have the right, but not the obligation, to pursue legal actions or proceedings at law or in equity to cause such violation to be cured. Grantors shall reimburse the Grantee for all expenses incurred, including legal fees whether in or out of court and all other related or incidental costs of proceedings, legal or otherwise, brought to cure an alleged violation of this Easement or to collect such reimbursement. Failure to enforce any restriction or covenant herein contained shall in no way be deemed a waiver of a right to do so thereafter as to the same violation or breach or as one occurring prior or subsequent thereto. Notwithstanding anything herein to the contrary, Grantors agree and acknowledge that they have no legal right or claim whatsoever arising against Grantee in the event that Grantee in the future does not enforce any restriction in the Easement or elect to become released from the Easement. B. Amendments /Assignment: If the circumstances arise under which an amendment to or modification of this Easement would be appropriate, this Easement may be amended only with the written consent of Grantors, Grantee, and local government as required by Neb. Rev. Stat. § 76 -2112. Any such amendment shall be consistent with the Conservation Purposes of the Easement, shall comply with Nebraska law and applicable federal law, and may not affect its perpetual duration. Any amendment must be in writing, signed by both Parties, and recorded in the official records of Washington County, Nebraska. Hansen Farm Conservation Easement 10 s I C. Baseline Documentation Report: The Grantors and Grantee agree that the present status of the agricultural, historic, scientific, ecological and natural condition of the Protected Property at the date this Easement becomes effective, shall be evidenced by reports, photographs, maps and scientific documentation possessed at the present time. Said evidences of the condition of the Protected Property are referred to collectively as the Baseline Documentation Report dated April 18, 2014, which has been signed and acknowledged by the Grantors and a representative of the Grantee and is incorporated herein by reference. D. Title 'Warranty: Grantors warrant that they have good title to the Protected Property; that the Grantors have the right to convey this Easement, and that the Protected Property is free and clear of any encumbrances. E. Environmental Warranty: Grantors warrant that they are in compliance with, and shall remain in compliance with, all applicable Environmental Laws. Grantors warrant that there are no notices by any governmental authority of any violation or alleged violation of, non - compliance or alleged non - compliance with or any liability under any Environmental Law relating to the operations or conditions of the Protected Property. Grantors also warrant that they have no actual knowledge of a release or threatened release of hazardous substances or hazardous wastes on the Protected Property as such substances and wastes are defined by applicable federal and state law. Grantors further warrant that they have no actual knowledge of a release or threatened release of Hazardous Materials as defined herein and by applicable federal and state law. Moreover, Grantors hereby promise to hold harmless and indemnify the Grantee against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Protected Property, or arising from or connected with a violation of any Environmental Laws by Grantors or any other prior owner of the Protected Property. Grantors' indemnification obligation shall not be affected by any authorizations provided by Grantee to Grantors with respect to the Protected Property or any restoration activities carried out by Grantee at the Protected Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Protected Property by Grantee. "Environmental Law" or "Environmental Laws" means any and all Federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right -to -know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. Hansen Farm Conservation Easement 11 2014 -OT839 right -to -know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment." F. Release: Grantee may release this Easement through appropriate legal process upon determining the Easement does not at any time in the future substantially achieve the conservation and preservation purpose, in accordance with Sec. 76- 2,113, RKS. Neb., 1979, or as authorized by any other provision of law in effect at the time such release is requested. If circumstances arise in the future such as render the purposes of this Easement impossible to accomplish, this Easement may only be terminated or extinguished, whether in whole or in part, upon request of the Grantors and Grantee by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which the Grantee shall be entitled, after the satisfaction of costs from any sale, exchange, or involuntary conversion of all or any portion of the Protected Property subsequent to such termination or extinguishment, shall be determined pursuant to Paragraph L. below. G. Responsibilities of Grantors and Grantee Not Affected: Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligation of Grantors as owners of the Protected Property. Among other things, this shall apply to: 1. Taxes: Grantors shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. If Grantee is ever required to pay any taxes or assessments on its interest in the Protected Property, Grantors will reimburse Grantee for the same. 2. Upkeep and Maintenance: Grantors shall continue to be solely responsible for the upkeep and maintenance of the Protected Property, to the extent it may be required by law. Grantee shall have no obligation for the upkeep or maintenance of the Protected Property. 3. Liability and Indemnification: Grantors shall indemnify and hold harmless Grantee, its employees, agents, and assigns for any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, Hansen Farm Conservation Easement 12 M-8 -0!.,839 zu14 actions, and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which Grantee may be subject or incur relating to the Protected Property, which may arise from, but is not limited to, Grantors' negligent acts or omissions or Grantors' breach of any representation, warranty, covenant, agreements contained in this Easement, or violations of any Federal, State, or local laws, including all Environmental Laws. 4. Recording/Fees: Promptly following its execution by the Parties, Grantors shall record the Easement with the Washington County Registrar of Deeds and pay any fees associated with such recording. Notwithstanding the foregoing, the Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Easement; for such purpose, the Grantors appoint the Grantee as Grantors' attorney -in -fact to execute, acknowledge and deliver any necessary instrument on Grantors' behalf. Without limiting the foregoing, the Grantors agree to execute any such instruments upon request. H. Monitoring: It is the obligation of both Grantors and Grantee, to monitor the Protected Property so as to keep all agricultural lands, grasslands, springs, creeks, ponds, wooded areas, and other natural conditions in the state and condition as they exist at the date hereof, and in accordance with the Baseline Documentation Report, subject to the terms and conditions specifically permitted herein. I. Perpetuity of Easement: The covenants, terms, conditions, restrictions, and purposes imposed with this grant shall bind the Parties, their agents, personal representatives, heirs, assigns, and all other successors to them in interest and shall run with the land and continue in perpetuity as servitude upon the Protected Property. J. Partial Invalidity: Invalidation of any provision of this Easement, by court judgment, order, statute or otherwise, shall not affect any other provision which shall remain in force and effect. K. Notice of Condemnation: In the event all or any part of the Protected Property is ever proposed for condemnation by the State or local government, the Grantors must notify the Grantee immediately. L. Termination /Condemnation: If the Easement is terminated, extinguished or condemned, in whole or in part, or part of the Protected Property is sold for road right-of-way pursuant to a threat of condemnation by a government agency, Grantors and Grantee agree to divide the gross sale proceeds or condemnation award in proportion to the fair market value of their respective interests in the Protected Property as determined by the ratio of the appraised value of the Easement to the unrestricted fair market value of the Protected Property as these values are determined on the date of this Easement. Hansen Farm Conservation Easement 13 In the event that the Grantors do not obtain an appraisal to determine the value of the conservation easement donation, such an appraisal may be obtained at the time of termination, extinguishment, or condemnation to determine the above ratio. If an appraisal is needed in the event of termination, extinguishment, and /or condemnation, or the threat thereof, and in the case of a condemnation, if the condemning entity will not bear the cost of an appraisal, the appraisal cost shall be equally divided between the Grantors and the Grantee. If Grantors and Grantee mutually agree in writing that the proceeds from a sale or condemnation proceeding may be less than the cost of an appraisal, Grantors and Grantee may determine the ratio for division of proceeds by mutual written agreement. M. Property Transfer: Grantors agree to incorporate the terms of this Easement in any deed or other legal instrument by which they divest themselves of any interest in all or a portion of the Protected Property, including, without limitation, a leasehold interest. Grantors further agree to give written notice to the Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. The failure of Grantors to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. N. Subordination: Any mortgage, easement, lien or other cloud on the Protected Property's title shall be subordinated to the terms of this Easement. 0. Governing Law: This Easement shall be construed to promote the purposes of the enabling statute set forth in Sec. 76 -2,111 to Sec. 76- 2,118, R.R.S. Neb., 1943 (as amended) called the "Conservation and Preservation Easement Act ", which authorizes the creation of Conservation and Preservation Easements for purposes including those set forth in the Recitals herein, and the Conservation Purposes of this Easement, including such purposes as are defined in Sections 170 (h)(4)(A) of the Internal Revenue Code. P. Acts of Nature: Unless otherwise specified, nothing in this Easement shall require Grantors to take any action to restore the condition of the Protected Property after any fire or other Act of Nature. Grantors understand and agree that nothing in this Easement relieves them of any obligation or restriction on the use of the Protected Property imposed by law. Q. Entire Agreement: This document sets forth the entire agreement of the Grantors and the Grantee with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement. If any provision is found to be invalid, the remainder of the provisions of this Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. R. "Grantors" and "Grantee ": The term "Grantors," as used in this Easement, and any pronouns used in place thereof shall mean and include the above -named Grantors, jointly and individually, and their heirs, personal representatives, executors, successors and assigns. The term "Grantee," as used in this Easement, Hansen Farm Conservation Easement 14 02014 - 0 18 3 9 and any pronouns used in place thereof shall mean The Nebraska Land Trust, Incorporated, and its successors and assigns. S. Titles: Section and Paragraph titles and subtitles are for convenience only and shall not be deemed to have legal effect. T. Costs, Liabilities, and Insurance: Grantors assume all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Protected Property, including the maintenance of adequate comprehensive general liability insurance coverage that includes any commercial hunting operation or other recreational or residential business. Grantee's name shall be listed among the insured parties on the policy. Grantors shall keep the Grantee's interest in the Protected Property free of any liens arising out of any work performed for, materials furnished to or obligations incurred by Grantors. U. Effective Date: This Easement shall be effective when signed by the Parties and recorded in Washington County. It is the intent of the Parties that this Easement shall be effective in the year 2014. Hansen Farm Conservation Easement 15 2014 - 0 18 3 9 TO HAVE AND TO HOLD the above described Conservation and Preservation Easement unto THE NEBRASKA LAND TRUST INCORPORATED and its successors and assigns forever. IN WITNESS WHEREOF, the Grantors and the Grantee have executed this Conservation and Preservation Easement on the date and year first herein set forth. Kenneth E. Hansen Diane L. Hansen STATE OF NEBRASKA ) ss. COUNTY OF CASK - q A011 The foregoing instrument was acknowledged before me on this � , A day of J L-Ay - )'P� , 2014, by Kenneth E. Hansen and Diane L. Hansen. GENERAL NOTARY - State of Nebraska ERIC PREISTER NOTARY PUBLIC My Comm. Exp. April 19, 2017 ACCEPTANCE This Conservation and Preservation Easement is hereby accepted by THE NEB SKA LAND TRUST INCORPORATED, Grantee herein. By , j David S. Sands, Executive Director �� Date: � STATE OF NEBRASKA ) ) ss. COUNTY OF Ul c, 56 The foregoing instrument was acknowledged before me on this day of ,Ns� 2014, by David S. Sands, Executive Director of The Nebraska Land Trust Incorporated. � Y GENERAL NOTARY - State of Nebraska `—'` - C , tll ERIC PREISTER Notary Public My Comm, Exp. April 19, 2017 Hansen Farm Conservation Easement 0 PLANNING COMMISSION ACTION On the day of q q , 2014, this Conservation and Preservation Easement was considered by the Plannind Commissioners of Blair, Nebraska as to that portion of the property within the easement lying within its jurisdiction. The Planning Commissioners of Blair, Nebraska recommended that the City Council of Blair, Nebraska approve the Conservation and Preservation Easement as to that portion of the property within the easement lying within its jurisdiction. V e4 o v (' k. Chaff an, Planning Commission of Blair, Nebraska APPROVAL OF THE CITY COUNCIL OF BLAIR, NEBRASKA By Resolution duly adopted on the 13 day of M ac. , 2014, the City Council of Blair, Nebraska, approved this Conservation and Preservation Easement as required by Neb. Rev. Stat. § 76 -2112 as to that portion of the property within the easement lying within its jurisdiction. 'ty Counc 1 of ir, Nebraska Hansen Farm Conservation Easement 17 2014 -Oil 8319" EXHIBIT A Description of the Property Legal Description Tax Lot Twenty (20) in Section Three (3), Township Eighteen (18) North, Range Eleven (11) East of the 6th P.M., Washington County, Nebraska; AND Tax Lot Forty -Two (42) in Section Thirty -Four (34), Township Nineteen (19) North, Range Eleven (11) East of the 6th P.M., Washington County, Nebraska. [� sect ions Building Envelope A Building Envelope B Designated Woodland Hansen Bounday a 67.7 Kenneth Hansen Potential Conservation Easement ADO 160 0 300 Ft Hansen Farm Conservation Easement 18 RESOLUTION 2014- 15 COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS: WHEREAS the City of Blair, Nebraska, has been presented with a conservation and preservation easement, WHEREAS, the Grantors desire to conserve the Conservation Values and present status of the Protected Property by conveyance to THE LAND TRUST of the Conservation and Preservation Easement for the purpose of conserving the present status and Conservation Values of the Protected Property and to prevent the use or development of the Protected Property for any purpose or in any manner which would conflict with the maintenance of the Protected Property in the present condition for both this and all future generations except as explicitly provided for herein the Easement attached hereto, marked Exhibit "A ". WHEREAS, the governing body does not find that the Easement is not in the public interest and the terms and conditions of the easement are acceptable to the municipality. BE IT FURTHER RESOLVED THAT THE MAYOR OF THE CITY OF BLAIR, NEBRASKA, is hereby authorized to execute and deliver, on behalf of the City of Blair, Nebraska, any documents that may be necessary for approval of said plan. COUNCIL MEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ANDERSEN. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN, ANDERSEN, CHRISTIANSEN, JENSEN AND HALL VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13TH DAY OF MAY, 2014. CITY OF BLAIR, NEBRASKA M REALPH, MAYOR ATTEST: BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) ss COUNTY OF WASHINGTON ) BRENDA WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 13th day of May, 2014. BRENDA WHEELER, City Clerk