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Open Space Easement
(In Gross Conveyed To Government Body)
THIS INDENTURE made on [date], between [name], residing at [address] (The Grantor) and the Secretary of the Department of the Interior of The United States of America (the Grantee).
1. Grant of Easement. The Grantor as an irrevocable gift does hereby convey to the Grantee an easement in perpetuity, together with certain access rights more fully described herein, for the purpose of preserving and protecting the natural scenic beauty of all that tract of land lying and being in [insert description].
2. Use by Grantor. The said tract of land shall be used by the Grantor and the Grantor's heirs, assigns, transferees, and personal representatives only for general crop or livestock farming, including the construction and maintenance of buildings used for such farming. The said tract of land also may be used for soil and game conservation procedures recommended by the Grantee. In connection with such use underground telephone, electric, gas, or oil pipelines may be installed on the said tract of land but only for the purposes of transmitting messages, power, or fuel for heating and cooking.
3. Impermissible Uses. No uses other than those expressly provided for above shall be established or maintained on the said tract of land by the Grantor and the Grantor's heirs, assigns, transferees, and personal representatives. The following uses are expressly excluded from the said tract of land: (1) dumps for the disposal of ashes, junk, sawdust, trash, garbage, or any other unsightly or unsanitary material; (2) the cutting or removal of any vegetation, such as trees, shrubs, flowers, or grass, unless such cutting or removal is incidental to the permitted use of the said tract of land; (3) the erection of any new structures except those incidental to the permitted use of the said tract of land; and (4) the mining, excavation, quarrying, or removal of any materials.
4. Grantee's Rights to Enter Land and to Enforce Terms of Grant. This easement gives the Grantee, its agents, and contractors the right to enter upon the said tract of land to enforce the terms of this grant and to cure any violations thereof. The Grantee, its agents, and contractors have the right pursuant to this grant to enter upon said tract of land to remove dead, dying, or diseased vegetation, selectively cut, trim, or replant grass, trees, shrubs, or other vegetation, remove any unauthorized buildings or structures, or to terminate any unauthorized use.
IN WITNESS WHEREOF, the Grantor has executed this indenture the day and year first above written.