A Sample Conservation Easement

 

This CONSERVATION EASEMENT made this ______day of December, 200X.

 

R E C I T A L S:

 

A. PERSON 1, and wife, PERSON 2, residing at Your Address Here, Texas 78015, (the Grantor) are the owners in fee simple of certain real property, (theProtected Property) that has ecological, scientific, educational and aesthetic value in its present state as a natural area that has not been subject to development or exploitation.  The Protected Property is located in Kendall County, Texas and is more particularly described in Exhibit A and Exhibit Battached. The Cibolo Conservancy of Texas, Inc. (the Grantee) is a non-profit corporation incorporated under the laws of the State of Texas as a tax exempt public charity under Section 501(c)(3)) and 509(a)(1) of the Internal Revenue Code, qualified under section 170(h) of the Internal Revenue Code to receive qualified conservation contributions, and having an address at Your Address Here, and whose purposes include, inter alia, preservation of natural areas for scientific, charitable, educational and aesthetic purposes.

 

B.      The Protected Property is a significant natural area that qualifies as a “...relatively natural habitat of fish, wildlife, or plants, or similar ecosystem,” as that phrase is used in P.L. 96­541, 26 USC 170(h)(4)(A)(ii), as amended, and in regulations promulgated thereunder.,  Specifically, the Protected Property supports diverse riparian and bluff communities that harbor populations of relatively rare plant species — big red sage, sycamore leaf snowbells, scarlet leatherflower, and spreading least daisy. The Protected Property includes portions of three creeks and acts as a buffer for a small adjacent city-owned property with a small high-quality stand of mesic slope woodland, which includes bigtooth maple. The Protected Property represents a portion of a natural watershed that provides a quantity of high quality run-off recharging the Southern Edwards Aquifer, upon which four federally endangered species (Texas Blind Salamander, Fountain Darter, San Marcos Gambusia, and Texas Wild Rice), and one federally threatened species (San Marcos Salamander) rely for habitat.

 

.    C.      The specific conservation values of the Property are documented in an Easement Documentation Report, prepared by Grantee and signed and acknowledged by the Grantor, that establishes the baseline condition of the Protected Property at the time of this grant and includes reports, maps, photographs, and other documentation.

 

D.      The Grantor and Grantee have the common purpose of conserving the above-described conservation values of the Protected Property in perpetuity, and the State of Texas has authorized the creation of Conservation Easements pursuant to Chapter 183 of the Texas Natural Resource Code and Grantor and Grantee wish to avail themselves of the provisions of that law.

 

E.           Grantor owns approximately eighty-seven (87) acres of land adjoining the Protected Property and intends to establish conservation easements on such adjoining land in the future.

 

 

     NOW, THEREFORE, the Grantor, for and in consideration of the facts recited above and of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute and unconditional gift, hereby gives, grants, bargains, sells and conveys unto the Grantee a Conservation Easement in Perpetuity over the Protected Property of the nature and character as follows:

 

     1.       Purpose.  The Purpose of this Conservation Easement is to ensure that the Protected Property will be retained forever predominantly in its natural, scenic and open space condition; to protect any native plants, animals, or plant communities on the Protected Property, and to prevent any use of the Protected Property that will significantly impair or interfere with the conservation values or interests of the Protected Property described above, the Grantor intends that this Conservation Easement will restrict the use of the Protected Property to only such activities as are consistent with the purpose of this Conservation Easement.

 

     2.       Prohibited Uses.  Any activity on or use of the Protected Property inconsistent with the purpose of this Conservation Easement is prohibited.  Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, except as provided in Section 3 below:

 

2.1     No Construction.  There shall be no constructing or placing of any building, tennis or other recreational court, landing strip, mobile home, swimming pool, fence or sign (other than those required by the Grantee for appropriate management), billboard or other  advertising display, antenna, utility pole, tower, conduit, line, sodium vapor light or any other temporary or permanent structure or facility on or above the Protected Property except as provided in section 3.3 herein.  However, Grantor may construct blinds, trails, and other structures so as to view, enjoy, and interpret the wildlife on the Protected Property.  Specific construction and siting of such blinds, trails, and viewing structures will be by consent in writing by Grantee, which will not be unreasonably withheld.

 

2.2.    No Excavation.  There shall be no ditching, draining, diking, filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, minerals or other materials, nor any building of additional roads or change in the topography or surface and subsurface hydrology of the Protected Property in any manner, except as may be necessary to restore, maintain, or enhance the natural hydrologic regime of the watershed, for restoration as provided in Section 3.8 below, or for roads to provide direct access to the homesite provided for in Section 3.3 below, and as reasonably necessary for construction at such homesite.

2.3     No Cutting. There shall be no removal, harvesting, destruction or cutting of trees, shrubs or plants, planting of trees, shrubs or plants, use of fertilizers, plowing, introduction of non-native animals, or disturbance or change in the natural habitat in any manner; however, Grantor may remove hackberry trees and new growth of juniper and mesquite throughout the Protected Property, may remove shrubs and plants on the homesites, and may remove shrubs and trees affected by disease, such as live oak wilt. Also, Grantor may remove by mowing encroaching dominant forbes on the Protected Property.  Grantee agrees to allow some Grantor removal of natural vegetation in areas deemed by Grantee as non-sensitive habitat to allow scenic views and visual enjoyment of the Protected Property.  Such removal of natural vegetation will be by mutual consent in writing by Grantor and Grantee.  There shall be no grazing by domestic animals except as provided below.

 

2.4     No Biocides.  There shall be no use of pesticides or biocides, including but not limited to insecticides, fungicides,  rodenticides, and herbicides, except to treat for fire ants and future non-native species that may invade the Protected Property and to treat ball moss on the live oak trees.

 

2.5     No Dumping.  There shall be no storage or dumping of ashes, trash, garbage, or other unsightly or offensive material, hazardous substance, or toxic waste, nor any placement of underground storage tanks in, on, or under the Protected Property; there shall be no changing of the topography through the placing of soil or other substance or material such as landfill or dredging spoils, nor shall activities be conducted on the Protected Property or on adjacent property, if owned by the Grantor, that could cause erosion or siltation on the Protected Property.

 

2.6     No Pollution.  There shall be no pollution, alteration, depletion or extraction of surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other water bodies, nor shall activities be conducted on the Protected Property that would be detrimental to water purity or that could alter the natural water level or flow in, over, or under the Protected Property, except as may be agreed to by Grantor and Grantee.

 

2.7     No Vehicles.  There shall be no operation of dune buggies, motorcycles, or all-terrain vehicles off of then existing roads.  Any other vehicle use shall be limited to existing roads or on driveways constructed pursuant to Section 3.3 below, or on any additional roads as approved by Grantee pursuant to Section 4.5 below; provided however, that trucks and tractors may be driven over non-road areas for ranch and land management purposes only.

 

2.8     Subdivision.  The Protected Property may not be divided, partitioned, or subdivided, nor conveyed except in either its current configuration as an entity or as follows: Grantor intends to convey, and Grantee hereby consents to the conveyance of, the 6.301 acre portion of the Protected Property described in Exhibit B attached and hereinafter described as Tract B.  Each individual parcel shall have the same prohibitions and rights herein, but for the right to further subdivide.

 

               2.9     Density.  Neither the Property nor any portion of it shall be included as part of the gross area of other property not subject to this Conservation Easement for the purposes of determining density, lot coverage, or open space requirements under otherwise applicable laws, regulations or ordinances controlling land use and building density.  No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred to any other lands pursuant to a transferable development rights scheme, cluster development arrangement or otherwise; provided, however, that with prior written permission of the Grantee, this paragraph shall not preclude such transfer of development rights resulting from the distribution or demolition of any existing residential building on the Property.

 

               2.10   No Goats, Sheep or Pigs.  There shall be no goats, sheep or pigs maintained or grazed on the Protected Property.

 

3.       Grantor's Reserved Rights.  The Grantor hereby reserves the following rights:

 

3.1     Existing Uses.  The right to undertake or continue any activity or use of the Protected Property not prohibited by this Conservation Easement.  Prior to making any change in use of the Protected Property, the Grantor shall notify the Grantee in writing to allow the Grantee a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement.

 

3.2     Transfer.  The right to sell, give, mortgage, lease, or otherwise convey the Protected Property, provided such conveyance is subject to the terms of this Conservation Easement.

 

3.3     Structures. The right to maintain such structures and fences as currently exist on the Protected Property (including the right to replace, but not expand, on the same site, with like structures used for the same or similar purposes).  Additionally, Grantor retains the right to construct, maintain, or replace one single-family residential dwelling on the one-half acre homesite reflected on Exhibit B-1 attached, which is located on Tract B of the Protected Property, together with an access roadway to the dwelling from the frontage road of Interstate Highway 10. No portion of any structure may be located closer than fifteen (15) feet to the bluff-edge of Cibolo Creek.  Grantor may construct and establish utilities, waste disposal, driveways, one water well, and incidental outbuildings on the Protected Property in association with such dwelling. Any septic system to be established in association with the dwelling must meet the more stringent of the applicable Kendall County regulations in force as of September 4, 1998 or the then current septic system regulations.  Facilities for utilities access may be underground as well as above ground.  All improvements shall be arranged in such a manner as to cause the least disturbance to the conservation values of the Protected Property.

 

3.4     Diseased Trees.  The right to cut, trench, and remove diseased trees, shrubs, or plants and to cut firebreaks, subject to the prior written approval of the Grantee pursuant to Section 4.5 below, except that such approval shall not be required in the case of emergency firebreaks.

 

               3.5     Hunting.  The right to hunt deer and game birds on the Protected Property.  Any such hunting shall be conducted strictly in accordance with applicable game laws and sound wildlife management practices.  Grantor and its assignees may erect not more than four (4) hunting blinds on the Protected Property, subject to approval of Grantee as to location, which will not be unreasonably withheld.

 

               3.6     Farming.  The right to farm any existing fields located on the Protected Property.

 

               3.7     Livestock.  The right to run cattle and horses on the Protected Property so long as the stocking rate on the Protected Property and Grantor’s adjoining eighty-seven (87) acres of land does not exceed one adult cow (or bull) and calf per fourteen (14) acres of land or one horse per twenty-eight (28) acres of land.

 

               3.8     Restoration.  The right to restore damage caused by natural disaster such as flood, to restore soil levels and contours and replace shrubs and trees lost to natural disaster with like species, and to remove shrubs and trees growing in Cibolo Creek bottom area that have proliferated as a result of construction of Cibolo Lake Dam.

 

4.       Grantee's Rights.  To accomplish the purpose of this Conservation Easement, the following rights are conveyed to the Grantee by this Conservation Easement:

 

4.1     Right to Protect.  The right to preserve and protect the conservation values of the Protected Property.

 

4.2     Right of Entry.  The right to enter the Protected Property at all reasonable times during normal business hours, but excluding weekends, and with prior notice for the purposes of:   (a) inspecting the Protected Property to determine if the Grantor is complying with the covenants and purposes of this Conservation Easement;  (b) enforcing the terms of this Conservation Easement;   (c) taking any and all actions with respect to the Protected Property as may be necessary or appropriate, with or without order of court, to remedy or abate violations hereof; and (d) monitoring and management as described below.  Grantee may notify Grantor of multiple visits with one notice.

 

4.3     Monitoring and Management.  The right, but not the obligation, to monitor the condition of the rare plant and animal populations, plant communities, and natural habitats on and watershed characteristics of the Protected Property, and to manage them, to the extent deemed appropriate by the Grantee and in coordination with Grantor, to ensure their continued presence and viability on the Protected Property.  If a dispute arises out of or related to the reasonableness of Grantor’s non-approval, and if said dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration.. Thereafter, any unresolved controversy shall be settled by arbitration in accordance with Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the decision tendered by the arbitrator(s) may be entered in any court havin­g jurisdiction thereof.  Such management and monitoring activities shall be in accordance with management practices of the Grantee, but which may not include mowing, fencing, and trapping, or prescribed burning.

 

4.4     Enforcement.  The right to prevent any activity on or use of the Protected Property that is inconsistent with the purpose of this Conservation Easement and to require the restoration of' such areas or features of the Protected Property that may be damaged by any inconsistent activity or use, pursuant to Section 10 below.

 

4.5     Discretionary Consent.  The Grantee's consent for activities otherwise prohibited under Section 2 above, or for any activities requiring Grantee's consent under Section 3 above, may be given under the following conditions and circumstances.  If, owing to unforeseen or changed circumstances, any of the activities listed in Section 2 are deemed desirable by both the Grantor and the Grantee, the Grantee may, in its sole discretion, give permission for such activities, subject to the  limitations herein.  Such requests for permission, and permission for activities requiring the Grantee's consent under Section 3, shall be in writing and shall describe the proposed activity in sufficient detail to allow the Grantee to judge the consistency of the proposed activity with the purpose of this Conservation Easement.  The Grantee may give its permission only if it determines, in its sole discretion, that such activities (1) do not violate the purpose of this Conservation Easement and (2) either enhance or do not impair any significant conservation interests associated with the Protected Property. Notwithstanding the foregoing, the Grantee and Grantor have no right or power to agree to any activities that would result in the termination of this Conservation Easement or to allow any residential, commercial or industrial structures or any commercial or industrial activities not provided for above.

 

     5.       Access.  Nothing contained in this Conservation Easement shall give or grant to the public or any person or persons, other than the Grantee and its agents and employees, a right to enter upon or to use the Protected Property or any portion thereof.

 

     6.       Costs and Liabilities. The Grantor retains 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 comprehensive general liability insurance coverage.  The Grantor shall keep the Grantee's interest in the Protected Property free of any mechanics liens arising out of any work performed for, materials furnished to or obligations incurred by the Grantor.  Grantee shall maintain its own general liability insurance coverage.

 

Each party agrees to release, hold harmless, defend and indemnify the other from any and all liabilities including, but not limited to, injury, losses, damages, judgments, costs, expenses and fees that the indemnified party may suffer or incur as a result of or arising out of the activities of the other party on the Protected Property.

 

     7.       Taxes.  The Grantor agrees to pay any real estate taxes or other assessments levied on the Protected Property.  If the Grantor becomes delinquent in payment of taxes or assessments, so that a lien is created against the Protected Property, the Grantee, at its option, shall, after written notice to the Grantor, have the right to pay such taxes or assessments and any interest and penalties thereon to discharge the lien. Thereafter, Grantee may make written demand on Grantor for full reimbursement of all sums expended by Grantee, including reasonable attorneys fees, resulting from Grantor’s failure to pay such taxes or assessments. In the event that Grantor fails to pay Grantee such sums within thirty (30) days of the giving of such written notice by Grantee, Grantee shall have the right to purchase and acquire the Grantor's interest in the Protected Property in consideration of its having paid the funds required to discharge the lien or delinquent taxes or assessments. Grantee shall also have the right to take such other actions as may be necessary to protect the Grantee's interest in the Protected Property and to assure the continued enforceability of this Conservation Easement.

 

     8.       Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Protected Property in fee simple and has good right to grant and convey this Conservation Easement; that the Protected Property is free and clear of any and all encumbrances except the permitted encumbrances specified in Exhibit C attached hereto, and that the Grantee shall have the use of and enjoy all of the benefits derived from and arising out of this Conservation Easement.

    

9.       Hazardous Waste. To the best of Grantor’s knowledge, Grantor covenants, represents and warrants to the Grantee that no hazardous substance or toxic waste exists nor has been generated, treated, stored, used, disposed of, or deposited in or on the Protected Property, and that there are not now any underground storage tanks located on the Protected Property.  Grantee, however, has not conducted any studies, searches, or detailed inspections of the Protected Property regarding hazardous substances, toxic waste, or underground tanks.

 

10.     Grantee's Remedies.  If the Grantee becomes aware of a violation of the terms of this Conservation Easement, the Grantee shall give notice to the Grantor, at the Grantor's last known address, of such violation via certified mail, return receipt requested, and request corrective action sufficient to abate such violation and restore the Protected Property to its previous condition at the time of this grant.  Grantor agrees that the Easement Documentation Report shall be deemed to provide objective information concerning the Protected Property's condition at the time of this grant.  Failure by the Grantor to abate the violation and take such other corrective action as may be requested by the Grantee within thirty (30) days after receipt of such notice shall entitle the Grantee to bring an action at law or equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement; to require the restoration of the property to its previous condition; to enjoin the non-compliance by ex parte, temporary or permanent injunction in a court of competent jurisdictions, and/or to recover any actual damages arising from the noncompliance (punitive, compensatory, and/or consequential damages shall in no event be sought or recovered).  Such damages, when recovered, must be applied by the Grantee to corrective action on the Protected Property. If the court determines that the Grantor has failed to comply with this Conservation Easement, the Grantor shall reimburse the Grantee for any reasonable costs of enforcement, including costs of restoration, court costs and reasonable attorneys fees.

 

10.1   Emergency Enforcement.  If the Grantee, in its reasonable discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, the Grantee may pursue its remedies under this Section with prior notice to the Grantor by personal communication, telephone, or pursuant to Section 17.6 herein, but without waiting for the period for cure to expire.

 

10.2   Failure to Act or Delay.  The Grantee does not waive or forfeit the right to take action as may be necessary to insure compliance with this Conservation Easement by any prior failure to act and the Grantor hereby waives any defenses of waiver, estoppel or laches with respect to any failure to act or delay by the Grantee, its successors or assigns, in acting to enforce any restriction or exercise any rights under this Conservation Easement.

 

10.3   Violations Due to Causes Beyond Grantor’s Control.  Nothing herein shall be construed to entitle the Grantee to institute any enforcement proceedings against the Grantor for any changes to the Protected Property due to causes beyond the Grantor's control, such as changes caused by fire, flood, storm, earthquake or the unauthorized wrongful acts of third persons.  In the event of violations of this Conservation Easement caused by the unauthorized wrongful acts of third persons, the Grantor agrees, upon request by the Grantee to join in any suit, or at the election of the Grantor to appoint the Grantee its attorney-in-fact for the purposes of pursuing enforcement action.

11.     Parties Subject to Easement.  The covenants agreed to and the terms, conditions, and restrictions imposed by this grant shall not only be binding upon the Grantor but also its lessees, agents, personal representatives, successors and assigns, and all other successors to Grantor in interest and shall continue as a servitude running in perpetuity with the Protected Property.

 

12.     Subsequent Transfers.  The Grantor agrees that the terms, conditions, restrictions and purposes of this grant or reference thereto will be inserted by the Grantor in any subsequent deed or other legal instrument by which the Grantor divests either the fee simple title or possessory interest in the Protected Property.  In the event that Grantor intends to sell the Protected Property, Grantor shall give Grantee written notice not less than fifteen (15) days prior to the sale of the Protected Property, such notice to include the name, address and telephone number of the purchaser of the Protected Property.

 

13.     Merger.  The Grantor and the Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Protected Property.

 

14.  Assignment. The parties hereto recognize the benefits of this easement are in gross and assignable. Any assignment shall be to a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986, that is organized and operated primarily for one of the conservation purposes specified in Section 170(h)(3) of the Internal Revenue Code and committed to hold the easement solely for the conservation purposes that the contribution was originally intended to advance. However, an assignee of Grantee or any subsequent holder of this easement shall not assign its rights and obligations under this Agreement, except by approval of Grantor, which will not be unreasonably withheld. If a dispute arises out of or related to the reasonableness of Grantor’s non-approval, and if said dispute cannot be settled through direct discussions, the Grantor and Grantee agree to follow similar procedure as described in Section 4.3 above as it relates to mediation and arbitration procedures.

 

  15.     Extinguishment.  The Grantor agrees 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, with a fair market value of the Conservation Easement as of the date of the conveyance that is at least equal to the proportionate value that this Conservation Easement at the time of the conveyance bears to the fair market value of the property as a whole at that time.

 

            The proportionate value of the Grantee’s property rights shall remain constant.  If a change in conditions takes place which makes impossible or impractical any continued protection of the Protected Property for conservation purposes, and the restrictions contained herein are extinguished by judicial proceeding, the Grantee, upon a subsequent sale, shall be entitled to a portion of the proceeds at least equal to that proportionate value of the Conservation Easement.  The Grantee shall use its share of the proceeds in a manner consistent with the conservation purposes set forth herein or for the protection of a “relatively natural habitat of fish, wildlife, or plants or similar ecosystem”, as that phrase is used in and defined under P.L. 96-541, 26 USC 170(h)(4)(A)(ii), as amended and in regulations promulgated thereunder.

 

  16.     Eminent Domain.  Whenever all or part of the Protected 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 the taking to recover the full value of the taking and all incidental or direct damages resulting from it, and the proceeds shall be divided in accordance with the proportionate value of the Grantee’s and Grantor’s interests, and Grantee’s proceeds shall be used as specified above.  All expenses incurred by the Grantor and the Grantee in such action shall be paid out of the recovered proceeds.

 

  17.     Miscellaneous Provisions.

 

17.1     Severability.  If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby.

 

            17.2     Successors and Assigns.  This Conservation Easement shall be binding upon and inure to the benefit of  Grantor and Grantee and their heirs, executors, administrators, successors and assigns.  The term Grantor shall also mean the masculine, feminine, corporate, singular or plural form of the word as needed in the context or its use.  The term Grantee shall include The Cibolo Conservancy of Texas, Inc.and its successors and assigns.

 

17.3     Re-recording.  The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Easement; for such purpose, the Grantor appoints the Grantee its attorney-in-fact to execute, acknowledge and deliver any necessary instrument on its behalf.  Without limiting the foregoing, the Grantor agrees to execute any such instruments upon request.

 

 

17.4     Captions.  The captions herein have been inserted solely for convenience of reference and are not a part or this Conservation Easement and shall have no effect upon construction or interpretation.

 

1 7.5    Counterparts.  The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it.  In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling.

 

17.6     Notices.  Any notices required in this Conservation Easement shall be sent by registered or certified mail to the following address or such address as may be hereafter specified by notice in writing:

 

                        Grantor:           PERSON 1

                                                PERSON 2

                                                Your Address Here,

                                                City, State - ZIP

 

 

                        Grantee:          The Cibolo Conservancy

                                                Attention: Attorney

                                                140 City Park Rd

                                                Boerne, TX 78006

 

            TO HAVE AND TO HOLD the said Conservation Easement unto the said Grantee forever.

 

            IN WITNESS WHEREOF, the Grantor has executed and sealed this document the day and year first above written.

 

 

                                                                        __________________________________________

                                                                        PERSON 1, Grantor

 

 

                                                                        __________________________________________

                                                                        PERSON 2, Grantor

 

 

                                                                        The Cibolo Conservancy of Texas, Inc., Grantee

                                   

                                                                        By: _______________________________________

                                                                        Its:________________________________________

STATE OF TEXAS

COUNTY OF __________

 

            On this _______ day of ______________________, 1998, before me personally appeared PERSON 1 to me personally known, who, being by me duly sworn, and acknowledged said instrument to be his free act and deed.

 

                                                            __________________________________________

                                                            Notary Public

                                                            My Commission Expires

 

 

STATE OF TEXAS

COUNTY OF __________

 

            On this _______ day of ______________________, 1998, before me personally appeared PERSON 2 to me personally known, who, being by me duly sworn, and acknowledged said instrument to be her free act and deed.

 

                                                            __________________________________________

                                                            Notary Public

                                                            My Commission Expires

 

 

STATE OF TEXAS

COUNTY OF BEXAR

 

            This instrument was acknowledged and sworn to before me on _____________, 1998, by                                                                          ofThe Cibolo Conservancy of Texas, Inc., a Texas corporation, on behalf of said corporation. 

 

 

                                                            __________________________________________

                                                            Notary Public

                                                            My Commission Expires

 

                                                            __________________________________________

                                                            Notary Public

                                                            My Commission Expires

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