US Army Corps of Engineers
Chicago District

Deed Restriction/Covenant

WHEREAS, _________________________, hereinafter called the Grantor, is the owner in fee simple of certain real property, hereinafter called "Restricted Property", located at __________________________, which property is legally described as follows:

(metes and bounds);

WHEREAS, the Restricted Property contains Waters of the United States under the regulatory jurisdiction of the Chicago District of the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act (33 USC 1344);

WHEREAS, the Grantor is the beneficiary of a Corps of Engineers permit number
[Permit Number] ("Permit") attached hereto as Exhibit A, to [describe work authorized, e.g. "place fill in wetlands contained on the Restricted Property" or "place fill in wetlands on other than the Restricted Property ("other wetlands")"] in accordance with plans which form a part of the Permit and;

WHEREAS, in consideration for the Grantor to
[describe work authorized], the Grantor will describe any mitigation that is part of the Restricted Property, e.g. for created wetlands- "mitigate the adverse environmental effects resulting from the placement of fill material in other wetlands by enhancing, enlarging, and/or creating wetlands per the approved wetland mitigation plan [and establishing a buffer around said wetlands], which when completed will be what is described as the Restricted Property and" dedicate the Restricted Property for the perpetual use as a conservancy area in accordance with the terms and conditions of this document, the Permit, and the Real Property Conservation Rights Act, 765 ILCS 120, or other applicable Illinois law;

WHEREAS, a permit to
[describe work authorized] would not have been granted but for the dedication of the Restricted Property for conservation purposes, and the Grantor specifically acknowledges as fact that said permit is issued in consideration for the execution and recording of this document and compliance with the covenants and deed restrictions herein;

WHEREAS, the Grantor acknowledges that these land use restrictions and other terms of this deed restriction may only be changed, modified, amended or revoked upon express written approval for the change, modification, amendment or revocation of this deed restriction from the U.S. Army Corps of Engineers that is witnessed, authenticated, and recorded pursuant to the law of the State of Illinois with such amendment, modification, or revocation instrument;

NOW THEREFORE, the Grantor, for and in consideration of the facts recited above enters into the following covenants and deed restrictions on behalf of himself/herself, his/her heirs and assigns:

  1. These land use restrictions and other terms of these deed restrictions and covenants may be changed, modified or revoked only upon express written approval of the U.S. Army Corps of Engineers that is witnessed, authenticated, and recorded pursuant to the law of the State of Illinois;

  2. The U. S. Army Corps of Engineers will have the right to enforce by proceedings in law or equity the covenants and deed restrictions set out herein and this right shall not be waived by one or more incidents of failure to enforce said right;

  3. Employees of the U. S. Army Corps of Engineers will have the right to view the Restricted Property in its natural, scenic, and open condition and the right to enter Restricted Property at all reasonable times for the purpose of inspecting Restricted Property to determine if the Grantor, or his heirs or assigns, is complying with the covenants and deed restrictions herein;

  4. Without prior express written consent from the U. S. Army Corps of Engineers there shall be no dredged or fill material placed on Restricted Property except as necessary for completion of mitigation as provided pursuant to the U.S. Army Corps of Engineers permit number [Permit Number];

  5. Without prior express written consent from the U. S. Army Corps of Engineers there shall be no commercial, industrial, agricultural, residential developments, buildings, or structures, including but not limited to: signs, billboards, other advertising material, or other structures placed on Restricted Property;

  6. Without prior express written consent from the U. S. Army Corps of Engineers there shall be no removal or destruction of trees or plants, mowing, draining, plowing, mining, removal of topsoil, sand, rock, gravel, minerals or other material except as necessary for completion of mitigation as provided pursuant to the U.S. Army Corps of Engineers permit number [Permit Number] and the associated special conditions;

  7. Without prior express written consent from the U. S. Army Corps of Engineers there shall be no operation of snowmobiles, dunebuggies, motorcycles, all-terrain vehicles or any other types of motorized vehicles, except as necessary for completion of mitigation as provided pursuant to the U.S. Army Corps of Engineers permit number [Permit Number];

  8. Without prior express written consent from the U. S. Army Corps of Engineers there shall be no application of insecticides or herbicides except as specified by U. S. Army Corps of Engineers permit number [Permit Number];

  9. Without prior express written consent from the U. S. Army Corps of Engineers there shall be no grazing or keeping of cattle, sheep, horses or other livestock;

  10. Without prior express written consent from the U. S. Army Corps of Engineers there shall be no hunting or trapping on the Restricted Property;

  11. Without prior express written consent from the U. S. Army Corps of Engineers there shall be no utility lines placed overhead or within the Restricted Property, including but not limited to: telephone or other communication lines, electrical, gas, water or sewer. Existing lines may remain, but any maintenance work requiring intrusion into the Restricted Property shall require prior authorization by the U.S. Army Corps of Engineers;

  12. Without prior express written consent from the U. S. Army Corps of Engineers there shall be no modifications to the hydrology of the Restricted Property, either directly or indirectly, that would allow more water onto, or that would drain water away from, the Restricted Property. Such prohibited modifications include, but are not limited to: ditching, changes to any water control structures, repairing of drainage tiles, or alterations to any naturally occurring structures;

  13. The terms and conditions of these deed restrictions and covenants shall bind the Grantor, his heirs and assigns to the extent of their legal and/or equitable interest in Restricted Property, and these deed restrictions and covenants shall run with the land in perpetuity and be binding on the Restricted Property and its owner(s) forever;

  14. The terms and conditions of these deed restrictions and covenants shall be both explicitly included in any transfer, conveyance, or encumbrance of Restricted Property or any part thereof, and; any instrument of transfer, conveyance, or encumbrance affecting all or any part of Restricted Property shall set forth the terms and conditions of this document; and

  15. If any provision of this Deed Restriction, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Deed Restriction, or the application of such provisions to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby.

IN WITNESS WHEREOF, said Grantor has caused its
[corporate seal to be hereto affixed, and has caused its name to be signed to these presents by its President, and attested by its Secretary,] OR [name to be signed] this _____ day of __________________, 20 ___.

By:

_____________________________________
      [Impress Corporate Seal Here]

Grantor Name
[or Grantor Corporation PRESIDENT Name]

[Name of Corporation]



ATTEST:



_____________________________________

[Corporation SECRETARY Name]
 

State of Illinois

County of _____________

I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that personally known to me to be
[the President of the corporation, and personally known to me to be the Secretary of said corporation, and personally known to me to be] the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that [as such President and Secretary,] they signed and delivered the said instrument, [and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation,] as their free and voluntary act, [and as the free and voluntary act and deed of said corporation,] for the uses and purposes therein set forth,

Given under my hand and official seal, this ____ day of ______________, A.D. 20 ___.

 

NOTARY PUBLIC

My Commission expires ____________________, 20___.