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<br />D-1 <br />EXHIBIT D <br /> <br />Draft Conservation Easement <br /> <br /> <br /> <br />PERMANENT CONSERVATION EASEMENT <br /> <br /> THIS EASEMENT is made this ____ day of _______________, 20___, between the Metro <br />Flood Diversion Authority, a political subdivision of the State of North Dakota with a mailing <br />address of 4784 Amber Valley Parkway South, Suite 100, Fargo, North Dakota 58104 (the <br />“Authority”), and Cass County, North Dakota, a political subdivision of the State of North Dakota, <br />with a mailing address of 1201 Main Avenue West, West Fargo, North Dakota 58078 (the <br />“Landowner”), who together agree as follows: <br /> <br />RECITALS <br /> <br />A. The Authority, a permanent joint powers entity, is the non-federal sponsor <br />responsible for delivering the Fargo-Moorhead Metropolitan Area Flood Risk Management <br />Project (the “Comprehensive Project”); and <br /> <br />B. The United States Army Corps of Engineers (“USACE”) granted a permit to the <br />Authority under Section 404 of the Clean Water Act (the “Section 404 Permit”) for those portions <br />of the Comprehensive Project that are the responsibility of the non-federal sponsors; and <br /> <br />C. The Section 404 Permit requires the Authority to undertake forest compensatory <br />mitigation and adaptive monitoring and mitigation (the “Project”) due to impacts resulting from <br />those portions of the Comprehensive Project that are the responsibility of the non-federal sponsors; <br />and <br /> <br />D. The Landowner owns certain real property necessary for the Project and agrees to <br />convey a Permanent Easement to the Authority upon, in, on, under, over, across, and through the <br />property described below, all subject to the terms and conditions contained in this Easement. <br /> <br />In consideration of $10.00, the mutual covenants contained in this Permanent Easement, <br />and other good and valuable consideration, the receipt and sufficiency of which the parties <br />acknowledge, the parties agree as follows: <br /> <br />AGREEMENT <br /> <br />1. Permanent Easement Property. The Landowner grants and conveys to the <br />Authority a Permanent Easement, including the easement rights described in this Permanent <br />Easement, upon, over, in, on, under, across, and through the following real property in Cass <br />County, North Dakota: <br /> <br />[PROPERTY DESCRIPTION] <br />