CONSERVATION EASEMENT AGREEMENT

Category I
DEFINITIONS

Grantor: Fee simple owner of real property subject to a:

(i) Plan approval conditioned on compliance with a FCP; or
(ii) Plan approval conditioned on compliance with a conservation easement
agreement (issued pursuant to Chapter 50 or 59, Montgomery County
Code).

Grantee: Montgomery County Planning Board of The Maryland-National Capital Park and
Planning Commission ("Commission").

Planning Board: Montgomery County Planning Board of The Maryland-National Capital Park
and Planning Commission.

Planning Director: Montgomery County Planning Department of The Maryland-National

Capital Park and Planning Commission, Montgomery County, or the Director's designee.

Plan: Sediment control permit approved pursuant to Montgomery County Code Chapter 19;
preliminary plan approved under Montgomery County Code Chapter 50; site plan, development
plan, planned unit development or special exception application approved under Montgomery
County Code Chapter 59; mandatory referral reviewed pursuant to Article 28 of Maryland State
Code Annotated; approved major utility construction (as defined by Washington Suburban
Sanitary Commission's regulations).

Forest Conservation Plan ("FCP"): Forest Conservation Plan approved by the Planning Board
or Planning Director pursuant to Chapter 22A, Montgomery County Code.

Exhibit A:
(i) FCP approved as a condition of receiving any of the Plan approval noted above;
or
(ii) Approved and signed Plan referencing this Easement Agreement.

WITNESSETH

This easement agreement reflects a grant of easement by Grantor to the Grantee.

WHEREAS Grantor (or Grantor's agent) has obtained authority to develop pursuant to a
Plan in accordance with Montgomery County, Maryland laws; and

WHEREAS, the Planning Board or other approving authority approved Grantor's Plan
conditioned upon a requirement that development occur in strict accordance with a FCP

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approved by the Planning Board after full review of the FCP pursuant to the provisions of
Montgomery County Code Chapter 22A (Forest Conservation); Chapter 50 (Subdivision
Regulations); and/or Chapter 59 (Zoning Ordinance); and/or

The Planning Board approved Grantor's Plan conditioned upon Grantor subjecting the
property to be developed ("Property") or a portion of the Property to a conservation easement
pursuant to the provisions of Montgomery County Code Chapter 50 (Subdivision Regulations),
and/or Chapter 59 (Zoning Ordinance); and

WHEREAS, the location of this easement ("Easement") is as shown on Exhibit A

(incorporated by reference into the terms of this easement agreement); and

WHEREAS, the purpose of this easement agreement is to protect existing and future
forest cover; individual trees; streams and adjacent buffer areas, wetlands and other sensitive
natural features; and to maintain existing natural conditions to protect plant habitats, water
quality and wildlife; and

WHEREAS, the purpose includes preservation of the natural beauty of the property
subject to the easement and prevention of any alteration, construction or destruction that will tend
to mar or detract from such natural beauty; and

WHEREAS, the purpose also includes the protection and preservation of natural features
within the area of the Easement which efforts are consistent with the terms and conditions of the
approved plan and applicable law; and

WHEREAS, the Parties intend for the conditions and covenants contained in this
easement agreement to run with the land in perpetuity and to be binding on all subsequent
owners and occupants of the Property; and

WHEREAS, the Parties intend that a servitude be placed upon the Property to create a
conservation benefit in favor of the Planning Board.

NOW, THEREFORE, the Grantor has executed this easement agreement for no monetary
consideration but for the purpose of ensuring compliance with development standards imposed in
accordance with Montgomery County law as a condition of development approval. The Grantor
does hereby grant and convey unto the Planning Board, in perpetuity, an easement on the
Property of the size and location described in Exhibit A, and further described on the applicable
record plat(s), of the nature and character described herein. This easement agreement constitutes
a covenant real running with the title of the land, and is granted to preserve, protect and maintain
the general topography and natural character of the land. Grantor, its heirs, successors and
assigns covenant to abide by the following restrictions within the Easement:

1. The foregoing recitals are agreed to and incorporated herein and shall be binding
upon the parties.

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 2. No living trees or shrubs (of any size or type) shall be cut down, removed or
destroyed without prior written consent from the Planning Board. Diseased or hazardous trees or
limbs may be removed to prevent personal injury or property damage after reasonable notice to
the Planning Board, unless such notice is not practical in an emergency situation or removal of
trees is undertaken pursuant to a forest management plan approved by the Planning Director.

3. No plant materials (including, but not limited to brush, saplings, undergrowth, or

non-woody vegetation) shall be mowed or cut down, dug up, removed or destroyed unless
removed pursuant to the terms and conditions of an approved forest management plan. Noxious
weeds (limited to those weeds defined as "noxious" under Maryland State or Montgomery
County laws or regulations and “exotic or invasive plants” in the Montgomery County Trees
Technical Manual) may be removed as required by law, but the method of removal must be
consistent with the limitations contained within this easement agreement. Vegetation removal
shall be limited to noxious weeds only, and protective measures must be taken to protect nearby
trees and shrubs.

4. No mowing, agricultural activities, or cultivation shall occur. Grantor may

replace dead trees or undergrowth provided that new plantings are characteristic of trees or
undergrowth native to Maryland.

5. Nothing in this easement agreement precludes activities necessary to implement

an afforestation or reforestation efforts pursued pursuant to an approved forest conservation plan
or maintenance agreement implemented under Chapters 19 or 22A of the Montgomery County
Code.

6. The following activities may not occur at any time within the Easement Area:

a. Construction, excavation or grading (except for afforestation and

reforestation efforts conducted in compliance with an approved forest
conservation plan).

b. Erection of any building or structural improvements on or above ground,

including (but not limited to) sheds, dog pens, play equipment and
retaining walls.

c. Construction of any roadway or private drive.

d. Activities which in any way could alter or interfere with the natural ground
cover or drainage (including alteration of stream channels, stream currents
or stream flow).

e. Industrial or commercial activities.

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 f. Timber cutting, unless conducted pursuant to an approved forest
management plan approved by the Planning Director and DNR.

g. Location of any component of a septic system or wells.

h. Excavation, dredging, or removal of loam, gravel, soil, rock, sand and

other materials.

i. Diking, dredging, filling or removal of wetlands.

j. Pasturing of livestock (including horses) and storage of manure or any

other suit.

k. Alteration of stream

7. Nothing in this Agreement shall prevent construction or maintenance of

stormwater structures and/or facilities or other utilities, including, but not limited to water and
sewer lines, on, over, or under the easement area, if said structures, facilities or utilities are (i)
required to implement the Plan, (ii) shown on the approved FCP, and (iii) approved by the
appropriate governing bodies or agencies in accordance with applicable laws and regulations.

8. No dumping of unsightly or offensive material, including trash, ashes, sawdust or

grass clippings shall occur. Natural biodegradable materials may be allowed in a properly
located, designed, managed and maintained compost pile, provided the activity does not damage
adjacent trees. Upon prior written approval of the Planning Director, suitable heavy fill and other
stabilization measures may be placed to control and prevent erosion, provided that the fill is
covered by arable soil or humus and properly stabilized.

9. Fences consistent with the purposes of the easement agreement may be erected
only after written approval from the Planning Director.

10. Unpaved paths or trails consistent with the purposes of the easement agreement
may be created only after written approval from the Planning Director.

11. All rights reserved by or not prohibited to Grantor shall be exercised so as to

prevent or minimize damage to the forest and trees, streams and water quality, plant and wildlife
habitats, and the natural topographic character of the easement.

12. Grantor authorizes Planning Board representatives to enter the Property and
easement at their own risk and at reasonable hours for the purpose of making periodic inspections
to ascertain whether the Grantor, its heirs, successors or assigns have complied with the
restrictions, conditions, and easements established herein. This easement does not convey to the
general public the right to enter the Property or easement for any purpose. The easement does
not restrict or enlarge access to the general public in common open space held under community

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or homeowner association control beyond any access rights created by applicable community or
homeowner association covenants and by-laws.

13. Grantor further agrees to make specific reference to this easement agreement in a
separate paragraph of any subsequent deed, sales contract, mortgage, lease or other legal
instrument by which any interest in the Property is conveyed.

14. No failure on the part of the Planning Board to enforce any covenant or provision
herein shall waive the Planning Board's right to enforce any covenant within this easement
agreement.

15. Upon finding a violation of any of the restrictions, conditions, covenants and
easements established by this easement agreement, the Planning Board shall have the right to
enforce such provisions in accordance with any statutory authority (including, if applicable, the
imposition of civil monetary fines or penalties in amounts and by such means as may be
promulgated from time to time). The Planning Board also may seek injunctive or other
appropriate relief in any court of competent jurisdiction, including the right to recover damages
in an amount sufficient to restore the property to its original natural state, and Grantor agrees to
pay for court costs and reasonable attorney fees if the Planning Board successfully seeks judicial
relief.

16. All written notices required by this easement agreement shall be sent to the
Planning Director, M-NCPPC, 8787 Georgia Avenue, Silver Spring, Maryland 20910.

TO HAVE AND TO HOLD unto the Planning Board, its successors and assigns forever,
this Grant shall be binding upon the heirs, successors and assigns of the Grantor in perpetuity and
shall constitute a covenant real running with the title of the Property.

WITNESS: GRANTOR:

STATE OF MARYLAND

COUNTY OF to wit:

I HEREBY CERTIFY that on this day of , 20 , before me, a

Notary Public in and for the State and County aforesaid, personally appeared
, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the foregoing and annexed instrument and acknowledged that said

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individual executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

My Commission Expires:

[NOTARIAL SEAL]

WITNESS:/ATTEST GRANTEE:
Montgomery County Planning Board of the
Maryland-National Capital Park and
Planning Commission

Patricia Barney, Secretary-Treasurer Oscar S. Rodriguez, Executive Director

STATE OF MARYLAND

COUNTY OF to wit:

I HEREBY CERTIFY that on this day of , 20 , before me, a

Notary Public in and for the State and County aforesaid, personally appeared Oscar S. Rodriquez,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing
and annexed instrument and acknowledged that said individual executed the same for the purposes
therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

My Commission Expires:

[NOTARIAL SEAL]

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 ATTORNEY CERTIFICATION

I certify that this instrument was prepared under the supervision of the undersigned, an attorney
admitted to practice before the Court of Appeals of Maryland.