A New Easement in Madison Township

An April Tour of Our Easements It was a fabulous day. Two of the easements we toured were new last year. Left to right: Sybil, Mike, Jim, Woody, Dawn.

by Sybil Kolon

n December 2000 the RVLT accepted the donation of a conservation easement by Dawn Thomas on a 34 acre parcel on Treat Highway south of US-223. Dawn has agreed to allow the RVLT to publicize the placement of the easement, but this is not required. She would like the community to understand conservation easements in the hope that others will follow suit, possibly creating larger areas where farms and natural habitat is protected.

Dawn has lived here for seven years. Having grown up in the Chicago area, she has seen first hand the creation of suburbs from farmland. Prior to moving here she worked as an RN, worked with Community Supported Agriculture farms, and was a volunteer naturalist at Toledo Metroparks and Toledo Botanical Gardens. Dawn currently grows organic vegetables and works as a massage therapist.

With that background Dawn was receptive to the idea of permanently protecting her property with a conservation easement when she first heard about this option. She contacted the RVLT to initiate the process. Three RVLT board members visited the property and reported back to the full board. We agreed that it met our criteria and began working with Dawn to formulate the legal document that would accomplish the goals of Dawn and the RVLT.

Dawn retains all rights of ownership except those granted to the RVLT in the easement document. Other than an annual visit by a representative of the RVLT, Dawn controls access to the property as she always has.

The property is divided into three areas. The Homestead Complex contains a house and sheds, which may be maintained and replaced. Construction of a greenhouse in this area is provided for. The Conservation area consists of wetlands, a stream and woods where fencing is the only allowed construction. Cutting of firewood for on-site use, removal of invasive species and maintenance of trails is allowed. The Open Space area has been farmed in the past. Dawn wanted to allow for sustainable use of the property, and provided that this area can be used for common agricultural practices, including: crop and non-intensive animal production and forest management. Construction of wells, ponds, irrigation, solar and wind power generation, and fencing are specifically allowed.

The RVLT requires an endowment for each easement we accept, to ensure that we have the resources to defend the easement if its terms are violated. Thanks to a grant from the Stubnitz Foundation to the RVLT in Dec. 1999, Dawn did not have to cover this expense. The RVLT’s endowment account, for all easements, is set aside and available if needed.

The baseline documentation, which establishes the condition of the property at the time the easement is granted, is currently underway. This will be used during annual monitoring to verify that the terms of easement are being observed by Dawn and future owners. Dawn has identified many plant and animal species that populate the property. This will assist the RVLT in preparing the baseline documentation.

The property is surrounded on three sides by farmland. Dawn believes it is likely that some adjacent areas will be developed for residential use. Regardless of what happens to the property around it, this parcel will remain as an example of how one person can transform their dream into a reality that future generations will continue to appreciate.

Contents

Design by Kenny King.