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Admiral Search& Abstract Corp.312 Exton CommonsExton, PA 19341

CONSERVATION EASEMENT ANDDECLARATION OF RESTRICTIVE COVENANTS

This Document Recorded Doc I d: 10496834 10496$3401/ 11/ 2005 Receipt##: 203539

Page 1 of 2911: 15AM Rec Fee: 83.50

Poc' C̀ode: MSA Chester County, Recorder of Deeds Office ADMIRAL SEARCH0111112005 11. 15A B_6385 P_582

CONSERVATION EASEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS

THIS GRANT OF CONSERVATION EASEMENT ND DELARATION OFRESTRICTIVE COVENANTS (" Easement") is made this,; "'- day of2004 ( the " Easement Date"), by PHILIP M. TISCHLER & NANCY' A. TISCHLER,husband and wife, having an address at 621 Rock Raymond Road, Downingtown, PA19335,("Grantors"), in favor of NATURAL LANDS TRUST, INCORPORATED, having anaddress at 1031 Palmers Mill Road, Media, Pennsylvania 19063, (" Grantee"), and the

County of Chester, a political subdivision and Municipal Corporation and County of theThird Class, and East Brandywine Township, a political subdivision and MunicipalCorporation and Township of the Second Class ("Co-Grantees").

WITNESSETH:

WHEREAS, Grantors are the sole owners in fee simple of certain real property inChester County, Pennsylvania, containing 39 acres, more or less, hereinafter called theProperty", which includes the following parcels: Tax Parcel # 30- 6- 19.

WHEREAS, the Property is more particularly described in a legal description,attached hereto as Exhibit" A". Exhibit "A" is incorporated herein by reference.

WHEREAS a plan of the Property prepared by Grantee dated,1002004, is attached hereto as Exhibit " B" ( the " Conservation Plan"). The ConservationPlan shows, among other things, the location of a Building Protection Area, twoalternative Building Expansion Areas (" Building Expansion Area A" and " BuildingExpansion Area B"), the Meadow Protection Area, and the remainder of the Propertywhich consists of the Woodland Protection Area. Until such time as Grantors have

identified which Building Expansion Area will be utilized in accordance with the terms ofthis Easement, Building Expansion Area "A" will be part of the Meadow Protection Areaand Building Expansion Area " B" will be part of the Woodland Protection Area. TheConservation Plan also shows the approximate location of a 30-foot wide right-of-waythe "Trail Easement Area") within which a public access trail ( the " Public Trail") may be

installed and used, in accordance with the terms of this Easement, for outdoorrecreation, and/or the education of the general public.

WHEREAS, the Commissioners of Chester County have designated funds forgrants/subsidies to conservancies in a cooperative undertaking to promote the health,

safety and public welfare of the citizens of Chester County by providing subsidies toeligible conservation and historic preservation organizations for the acquisition andpreservation of significant natural, historic, cultural and scenic resources; and

WHEREAS, Counties are authorized to acquire interests in real property toprotect and conserve natural or scenic resources, to protect scenic areas, to preserve

sites of historic, geologic or botanic interest, to promote sound, cohesive and efficient

land development by preserving open spaces between communities, and for purposesconsistent with the terms of the Conservation and Land Development Act ( theConservation Act"), Pa. Stat. Ann. Title 32, Section 5001 et seq; and

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WHEREAS, in February 2002, the Commissioners of Chester County adoptedLinking Landscapes: A Plan for the Protected Open Space Network in Chester County,PA as the Open Space Element of the Chester County Comprehensive Plan, whichrecommends rigorously protecting 5,000 acres of open space each year throughconservation easements or in- fee acquisition in order to retain the quality of life,ecological, and economic benefits provided by open space; and

WHEREAS, the Commissioners of Chester County have determined that it is inthe best interest of its citizens to preserve open space consistent with the strategy setforth in the Policy Element of the Chester County Comprehensive Plan Landscapes1996), and the Open Space Element of the Chester County Comprehensive Plan

Linking Landscapes ( 2002), and the Conservation Act; and

WHEREAS, pursuant to the guidelines and criteria of the Chester CountyPreservation Partnership Program, Grantee has received by virtue of an Agreement withCounty, a grant to assist it in acquiring a Conservation Easement to preserve theconservation values of the Property; and

WHEREAS, the Property possesses natural, scenic, open space, historical,educational, and/or recreational values ( collectively, "Conservation Values") of greatimportance to Grantors, the people of Chester County and the people of theCommonwealth of Pennsylvania; and

WHEREAS, in particular this easement is designed to enlarge the permanentlyprotected acreage in the area, provide a publicly accessible trail along Rock Raymond &Dowlin Forge Roads, and protect the woodlands and wildlife habitat of the property; and

WHEREAS, The Specific Conservation Values of the Propertv are documentedin an inventory of relevant features of the Property, dated2004, on file at the offices of the Grantee and incorporated herein by this reference

Baseline Documentation Report"), which consists of reports, maps, photographs, andother documentation that the parties agree provide, collectively, an accurate

representation of the Property at the time of this Grant and which is intended to serve asan objective information baseline for monitoring compliance with the terms of thisEasement; and

WHEREAS, Grantors intend that the Conservation Values of the Property bepreserved and maintained by the continuation of land use patterns, including, withoutlimitation, those relating to farming and ranching within field and building areas existingat the time of this Easement; and

WHEREAS, Grantors further intend, as owners of the Property, to convey toGrantee, the right to preserve and protect the Conservation Values of the Property inperpetuity; and

WHEREAS, Grantee is a publicly supported, tax-exempt nonprofit organization,qualified under Section 501( c)(3) and 170( h) of the Internal Revenue Code, whose

primary purpose is ( e.g. the preservation, protection, or enhancement of land in itsnatural, scenic, historical, agricultural, forested, and/or open space condition); and

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WHEREAS, The Township has enacted a program for the preservation of openspace and the purchase of conservation easements and Township has identified theProperty as a valuable open space and scenic resource to be protected in connectionwith that program.

WHEREAS, Grantee agrees by accepting this Easement to honor the intentionsof Grantors stated herein and to preserve and protect, in perpetuity the ConservationValues of the Property for the benefit of this generation and the generations to come;

WHEREAS, a public access trail ( the " Public Trail") through the Property isprovided by this Easement for outdoor recreation, and/or the education of the generalpublic.

NOW THEREFORE, in consideration of the above and the mutual covenants,terms, conditions, and restrictions contained herein, and for the further consideration ofthe sum of Eight Hundred Forty Two Thousand Eight Hundred ($ 842,800.00) Dollarslawful money of the United States of America, the receipt of which is herebyacknowledged, and pursuant to the laws of Pennsylvania, Grantors hereby voluntarilygrant, agree, declare and convey to Grantee and Co-Grantees a Conservation

Easement in perpetuity over the Property of the nature and character and to the extenthereinafter set forth (" Easement").

1. Statement of Grant.

Grantors hereby voluntarily, unconditionally and absolutely grant and conveyunto Grantee, its successors and assigns and Co-Grantees, its successors and assigns,

in perpetuity, an Easement in Gross and a Declaration of Restrictive Covenants over theProperty, as more particularly hereinafter set forth exclusively for the purposes ofpreserving and protecting the present scenic, historic, natural, agricultural, open space,and water resource values of the Property. Grantee and Co-Grantees hereby accept theEasement and agree to hold it exclusively for such purposes.

2. Purpose.

It is the purpose of this Easement to assure that the Property will be retainedforever in its natural, scenic, agricultural and forested condition and to prevent any useof the Property that will significantly impair or interfere with the Conservation Values ofthe Property. This purpose is hereinafter referred to as the: " Conservation Purposes".Grantors intend that this Easement will confine the use of the Property to such activitiesincluding, without limitation, those involving farming, ranching, personal use by Grantor,public recreation and/or education on the Public Trail, as are consistent with theConservation Purposes of this Easement.

3. Riqhts of Grantee and Co-Grantees.

To accomplish the Conservation Purposes of this Easement the following rights,subject to the limitations stated herein and in Paragraph 10 below, are conveyed toGrantee and Co-Grantees and their successors and assigns:

A. To preserve and protect the Conservation Values of the Property;

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B. To enter upon the Property at reasonable times in order to monitor Grantors'compliance with and, if applicable, to otherwise enforce the terms of thisEasement provided that such entry shall be upon prior reasonable notice toGrantors, and the Grantee and Co-Grantees shall not unreasonably interfere withGrantors' use and quiet enjoyment of the Property; and

C. To prevent any activity on or use of the Property that is inconsistent with thepurpose of this Easement and to require the restoration of such areas or featuresof the Property that may be damaged by any inconsistent activity or use,pursuant to paragraph 10.

D. To enter upon the Property at reasonable times in order to remove, manage, orotherwise control non- native invasive plants, provided that such activities entryshall be upon prior reasonable notice to Grantors, and the Grantee and Co-

Grantees shall not unreasonably interfere with Grantors' use and quiet enjoymentof the Property.

E. To construct and maintain the Public Trail.

4. Access.

Grantors grant and convey to Grantee and Co-Grantees a perpetual easementand right of way over the 30-foot wide portion of the Property designated on theConservation Plan as the Trail Area (the "Trail Area") for the purposes and subject to thelimitations set forth below.

A. Purposes.

The easement granted in this section is for the purpose of construction andmaintenance of the Public Trail within the Trail Area to be made available to thegeneral public for walking, hiking, bicycling, nature study and bridle path use andno other purpose.

B. Limitations.

i) Motorized vehicles are prohibited except in the case of emergency or inconnection with construction and maintenance of the Public Trail.

ii) Use of the Public Trail is limited to the hours between dawn and dusk.iii) Use of the Public Trail must conform to the requirements of the

Pennsylvania Recreational Use of Land and Water Act, 68 Pa. Stat. 477as amended through the applicable date of reference (" RULWA") or any

other applicable law that provides immunity or limitation of liability forowners who make their property available to the public for recreationalpurposes.

iv) The Public Trail may be closed from time to time for public safety reasonsso as to reasonably accommodate hunting, forestry or other activitieswithin the Property raising public safety concerns. Trail closure must be inaccordance with a schedule approved by Grantee after review andwithout unduly restricting public access to the Public Trail.

v) Subject to review by Grantee, other reasonable limitations upon the time,place and manner of use may be imposed so as to regulate, but not deny,access to the Public Trail.

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5. Restrictions on Uses.,

A. Activities and uses that may directly or indirectly disturb natural or scenicresources on or about the Property are limited to those permitted below insection 7 and provided in any case that the intensity or frequency of the activityor use does not materially and adversely affect maintenance or attainment ofConservation Purposes.

B. Prohibition

Other than activities and uses permitted below, no industrial, commercial,

residential, recreational, agricultural or other use of the Property is permitted

except in accordance with this Section. Other than activities and uses permitted

below, no activities or uses that disturb soil, water, vegetative, wildlife, geologic

or other natural resources are permitted within the Property. Uses that disturbnatural resources include excavating, mining or removing soil, rock or gravel;

planting, cutting or removing any vegetation; damming, impounding, transportingor collecting water or operating a fish hatchery; tilling, pasturage, planting and

harvesting crops, piling or spreading manure; dumping, piling or disposing oftrash, debris, hazardous, toxic or waste materials. Planting of InvasiveVegetation is not permitted anywhere within the Property For the purposes of

this easement, invasive plants are defined as exotic plant species not

characterized as Native Vegetation and otherwise identified as beingdemonstratively capable of damaging natural ecosystems of native plants andanimals, either directly or indirectly, once established by intentional orunintentional means. Invasive Vegetation includes, but is not limited to, Norwaymaple, multiflora rose, Autumn olive and Japanese honeysuckle.

6. Expansion of the Buildinq Protection Area

Grantors may, but are not required to, expand the Building Protection Area byselecting one of the two alternative Building Expansion Areas as shown on theConservation Plan. Until such time as Grantors expand the Building Protection Area inconformance with this section, Building Expansion Area" A" shall be considered part ofthe Meadow Protection Area and Building Expansion Area" B" shall be considered partof the Woodland Protection Area. Upon Grantors' selection of a Building ExpansionArea, the selected Building Expansion Area shall become part of the Building ProtectionArea and the remaining Building Expansion Area will permanently become part of thearea to which it was previously designated. Grantors must notify Grantee in writing oftheir decision to expand the Building Protection Area not less than 30 days prior to anyactivity or use permitted under section 7.C. of this Easement or construction of anyImprovement permitted under section 9. C. of this Easement to be conducted within the

selected Building Expansion Area. Grantee may compel Grantors to execute anamendment to this Easement evidencing Grantors selection of a Building ExpansionArea which may include a revised Conservation Plan.

7. Permitted Uses and Reserved Riqhts.

Grantors reserve to themselves, and to their personal representatives, heirs,

successors, and assigns, all rights accruing from their ownership of the Property,including the right to engage in, permit or invite others to engage in all uses of the

Property that are not expressly prohibited herein and are not inconsistent with theConservation Purposes of this Easement.

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A. Permitted Within Woodland Protection Area

The following activities and uses are permitted within the Woodland ProtectionArea as designated on the Conservation Plan ( the "Woodland Protection Area")

i) Existinq AqreementsActivities, Uses and Construction that Owners are required to allow under

easements and other servitudes affecting the Property prior to the EasementDate and running to the benefit of utility service providers and other persons thatconstitute legally binding servitudes prior in right to this Easement. For thepurposes of this easement construction ("Construction") shall mean anydemolition, construction, reconstruction, expansion, exterior alteration,

installation or erection of temporary or permanent buildings, structures orfacilities of any kind or excavation, dredging, mining, filling or removal of gravel,soil, rock, sand, coal, petroleum or other materials.

ii) Disturbance of Resources

a. Cutting, removal or harvesting of hazardous trees or vegetation thatimminently threatens or endangers persons, permitted improvements orthat would imminently fall into the public right-of-way, the Trail EasementArea, or that endangers the health of native woodland species.

b. Cutting non- native trees, shrubs and herbaceous plants.c. Removal of Invasive Species.d. Cutting of native trees and shrubs to accommodate habitat improvement

devices and/or tree stands and hunting blinds.e. Planting a diversity of native species of trees, shrubs and herbaceous

plant materials in accordance with Best Management Practices.f. Removal and disturbance of soil, rock and vegetative resources to the

extent reasonably necessary to accommodate construction of andmaintain access to improvements within the Woodland Protection Area

with restoration as soon as reasonably feasible by replanting with adiversity of native species of trees, shrubs and herbaceous plantmaterials in accordance with best management practices. For purposesof this Easement, native species shall mean a plant or animal indigenous

to the locality under consideration (" Native Species").g. Vehicular use ( including motorized vehicular use) in connection with an

activity permitted within the Woodland Protection Area or otherwise in thecase of emergency.

h. Subject to review by Grantee, removal of vegetation to accommodatereplanting with a diversity of Native Species of trees, shrubs andherbaceous plant materials.

I. Subject to review by Grantee, other resource management activitiesconsistent with Conservation Purposes and conducted in accordance with

a resource management plan approved for that activity by Grantee. Forpurposes of this Easement, a resource management plan must consist of

a record of the decisions and intentions of Grantors prepared by aqualified resource management professional for the purpose of protectingsoil, water and vegetative resources described in the Conservation

Purposes during operations that must be conducted in accordance with aResource Management Plan ( RMP). The Resource Management Plan

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includes a resource assessment, identifies appropriate performancestandards (based upon Best Management Practices where available) andprojects a multi- year description of planned activities for identifiedoperations to be conducted in accordance with the plan. Grantee is under

no obligation to approve a Resource Management Plan for forestry.

iii) Release and Disposal

a. Application of substances (other than manure) to promote health and

growth of vegetation in accordance with manufacturer's recommendationsand any federal, state or local laws, statutes, codes, ordinances,standards and regulations applicable to the Property or this ConservationEasement as amended through the applicable date of reference

Applicable Law"). Within Wet Areas (as identified on the ConservationPlan the 'Wet Areas") only substances approved for aquatic use arepermitted.

b. Piling of brush and other vegetation originating within the WoodlandProtection Area to the extent reasonably necessary to accommodate anactivity permitted within the Woodland Protection Area under thisEasement.

c. Subject to review, other activities involving application of substances,piling of materials and similar activities in accordance with a ResourceManagement Plan approved for that activity.

iv) Nature Preserve and Trail Uses

a. Activities that do not require buildings, structures, facilities or other

improvements within the Property (collectively, " Improvements") otherthan those permitted within the Woodland Protection Area and do not

materially and adversely affect natural resources within the WoodlandProtection Area. Examples of permitted activities are as follows: walking,horseback riding on trails, cross-country skiing on trails, nature study, birdwatching, fishing and hunting.

b. Subject to Review, other educational or scientific activities consistent with

and in furtherance of Conservation Purposes for the Woodland ProtectionArea.

B. Permitted Within Meadow Protection Area

The following activities and uses are permitted within the Meadow ProtectionArea as designated on the Conservation Plan ( the " Meadow Protection Area"):

i) Permitted under Precedinq SectionsActivities and uses permitted under section TA are permitted within theMeadow Protection Area. The removal of vegetation to accommodatereplanting with a diversity of Native Species of trees, shrubs andherbaceous plant materials is not subject to review or approval.

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00 Agricultural and Forestry Uses; Disturbance of Resources,

a. Uses and activities that maintain continuous vegetative cover (other

than Invasive Species) such as pasture and grazing use, meadow,

harvesting hay, turf or lawn. Not more than one Animal Unit (One

thousand ( 1, 000) pounds live weight of any animal) per 1. 5 acres of

fenced pasture is permitted.

b. Sustainable Agricultural uses that do not maintain continuousvegetative cover (such as plowing, tilling, planting and harvesting fieldcrops, horticultural and nursery use) if conducted in accordance with a

soil conservation plan furnished to Grantee. For purposes of thisEasement, "Agriculture" or" Agricultural" shall mean farming (defined

as the production of vegetables, fruits, seeds, mushrooms, nuts and

nursery crops ( including trees) for sale, the production of poultry,livestock and their products for sale, the production of field crops, hayor pasture and equestrian activities (defined as boarding, stabling,

raising, feeding, grazing, exercising and training horses and

instructing riders). For purposes of this Easement, "Sustainable" shall

mean land management practices that provide goods and servicesfrom an ecosystem without degradation of biodiversity and resourcevalues at the site and without a decline in the yield of goods andservices over time.

c. Removal and disturbance of soil, rock and vegetative resources to the

extent reasonably necessary to accommodate the construction ofImprovements permitted within the Meadow Protection Area.

d. Subject to review and approval by Grantee (which need not be given),Agricultural uses that involve removal of soil from the Property (such

as sod farming and ball- and-burlap nursery or tree-farming uses) if

conducted in accordance with a Resource Management Plan

providing for, among other features, a soil replenishment program that

will qualify the activity as a Sustainable Agricultural use.e. Subject to review by Grantee, removal or impoundment of water for

activities and uses permitted within the Meadow Protection Areaunder this Easement.

iii) Release and Disposal

a. Piling and composting of biodegradable materials originating from theProperty in furtherance of Agricultural uses within the Propertypermitted under this section. Manure piles must be located so as not

to create run- off into Wet Areas.

b. Subject to review by Grantee, disposal of sanitary sewage effluentfrom Improvements permitted under section 9. B.( ii) c if not reasonablyfeasible to confine such disposal to Building Protection Area asdesignated on the Conservation Plan ( the "Building Protection Area").

iv) Recreational and Open-Space Uses,

Non-commercial recreational and open-space uses that do not requireImprovements other than those permitted within the Meadow ProtectionArea; do not materially and adversely affect Conservation Purposes; and

do not require vehicular use other than for resource managementpurposes.

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C. Permitted Within Building Protection AreaThe following activities and uses are permitted within the Building ProtectionArea:

i) Permitted under Precedinq SectionsActivities and uses permitted under sections 7.A and 7. 13 are permittedwithin the Building Protection Area.

ii) Disturbance of Resources

Disturbance of resources within the Building Protection Area is permittedfor residential landscaping purposes and other purposes reasonablyrelated to uses permitted within the Building Protection Area. Introductionof Invasive Species remains prohibited.

iii) Release and Disposal

a. Disposal of sanitary sewage effluent from Improvements permittedunder this Easement.

b. Other piling of materials and non- containerized disposal ofsubstances and materials but only if such disposal is permitted underApplicable Law and does not adversely affect Conservation Purposesincluding those pertaining to scenic views.

iv) Residential and Other Uses

a. Residential use is permitted but limited to not more than 3 DwellingUnits. For purposes of this Easement a " Dwelling Unit" shall mean anImprovement or portion of an Improvement designed for humanhabitation by one or more persons (whether or not related). Anydwelling, guesthouse, tenant house, dormitory, clubhouse, bunkhouseor other Improvement (a " Habitable Building"). Any Habitable Buildingcontaining an apartment or other sleeping accommodations for humanhabitation with more than one kitchen is considered to contain as

many Dwelling Units as kitchens.

b. Any occupation, activity or use that is wholly contained within anenclosed Improvement permitted under section 9.0 is permitted.

Subject to review by Grantee, exterior vehicular parking and signageaccessory to such uses may be permitted by Grantee.

8. Restrictions on Improvements.

Improvements within the Property are prohibited except as permitted below inSection 9.

9. Permitted Improvements.

A. Permitted within the Woodland Protection Area

The following Improvements are permitted within the WoodlandProtection Area:

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i) Existing ImprovementsAny Improvements located on, above or under the Property as of theEasement Date as identified in the Baseline Documentation (" ExistingImprovements") may be maintained, repaired and replaced in its existinglocation. Existing Improvements may be expanded or relocated if theexpanded or relocated Improvement complies with requirementsapplicable to Additional Improvements of the same type.

ii) Existing AgreementsImprovements that Grantors are required to allow under ExistingAgreements are permitted.

iii) Additional Improvements

The following Improvements that are not already Existing ImprovementsAdditional Improvements") are permitted:

a. Fences, walls and gates.

b. Signs ( not exceeding one square foot each) to control access to theProperty or for informational, directional or interpretive purposes

Regulatory Signs").c. In addition to Regulatory Signs, signs are limited to a maximum of 6

feet in height per sign and 16 square feet in the aggregate for all signswithin the Property.

d. Habitat improvement devices such as birdhouses, beehives, and bathouses.

e. Tree stands and hunting blinds.f. Trails not to exceed 6 feet in width and covered ( if at all) by wood

chips, gravel or other highly porous materials.g. Footbridges, stream crossing structures and not more than two

stream access structures.

h. Subject to review by Grantee, access drives and Improvements forthe reception, storage or transmission of water, sewage, electric, gas

and telecommunications or other sources of power ("UtilityImprovements") to service Improvements within the Property but onlyif there is no other reasonably feasible means to provide access andutility services to the Property. The expansion of the existing accessdrive is limited to 12 feet in width unless otherwise required bymunicipal regulations, then the minimum width required by theregulations.

B. Permitted Within Meadow Protection Area

The following Improvements are permitted within the Meadow Protection Area:i) Permitted under Precedinq Sections

Any Improvement permitted under Section 9.A is permitted within theMeadow Protection Area other than access drives.

ii) Additional Improvements

The following Additional Improvements are permitted within the MeadowProtection Area except within Wet Areas:

a. Agricultural Improvements.

b. Utility Improvements reasonably required for activities and usespermitted within the Meadow Protection Area.

in

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c. Utility Improvements to service Improvements within the BuildingProtection Area if not reasonably feasible to install entirely withinBuilding Protection Area.

iii) Limitations on Additional Improvements

Improvements permitted within the Meadow Protection Area are furtherlimited as follows:

a. The height of Improvements must not exceed 35 feet.

b. Impervious Coverage must not exceed a limit of 500 square feet in theaggregate for all Improvements except farm lanes within the MeadowProtection Area. For purposes of this Easement" ImperviousCoverage" shall mean the aggregate area of all surfaces that are not

capable of supporting vegetation within the applicable area ofreference. Included in Impervious Coverage are the footprintsincluding roofs, decks, stairs and other extensions) of Improvements;

paved or artificially covered surfaces such as crushed stone, gravel,concrete and asphalt; impounded water (such as a man- made pond);and compacted earth (such as an unpaved roadbed). Excluded from

Impervious Coverage are running or non- impounded standing watersuch as a naturally occurring lake); bedrock and naturally occurring

stone and gravel; and earth (.whether covered with vegetation or not)

so long as it has not been compacted by non- naturally occurringforces.

c. Farm lanes are limited to 10 feet in width and covered ( if at all) bywood chips, gravel or other highly porous materials. Farm lanes arefurther limited, in the aggregate, to 2000 feet in length.

d. The following Utility Improvements are not permitted unless EasementHolder, without any obligation to do so, approves after Review: (A)exterior storage tanks for petroleum or other hazardous or toxicsubstances (other than reasonable amounts of oil, petroleum or

propane gas for uses within the Property permitted under thisConservation Easement); and ( B) Utility Improvements servicingImprovements not within the Property.

C. Permitted Within Building Protection AreaThe following Improvements are permitted within Building Protection Area:

i) Permitted under Preceding SectionsAny Improvement permitted under Sections 9-A or 9. 13 is permitted withinthe Building Protection Area.

ii) Additional ImlDrovements

The following Additional Improvements are permittedermitted within BuildingProtection Area except within Wet Areas:

a. Habitable Buildings and Improvements accessory to residential usessuch as garage, swimming pool, pool house, tennis court and

children' s play facilities.

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C. Subdivision Requirements

Prior to transfer of the Additional Lot or Remaining Lot following a subdivision,Grantors must do the following:

i) Establishment of Lots; Allocations.

a. Furnish Grantee with the plan of subdivision approved under Applicable

Law and legal descriptions of the each lot created or reconfigured by thesubdivision;

b. Mark the boundaries of each lot with permanent markers;c. Allocate in the deed of transfer of a lot created by the subdivision those

limitations applicable to more than one lot under this Easement. This

information will become part of the Baseline Documentation incorporatedinto this Easement.

ii) Subdivision Fee.

Grantors understand that, upon transfer of the Additional Lot or Remaining Lot,Grantee will assume additional costs associated with the obligation to administer and

enforce the Easement in accordance with its terms in perpetuity. Accordingly, Grantorsagree to pay Grantee, and Grantee has agreed to accept, a payment of not less than4000.00 (the" Subdivision Fee") payable in cash or marketable securities prior to

transfer of either the Additional Lot or Remaining Lot. The Subdivision Fee will beadjusted from and after the

5th

anniversary of the date of this Easement by an amountequal to the positive difference ( if any) in the Consumer Price Index last published priorto the date of this Easement and the Consumer Price Index last published prior to the

date the Subdivision Fee becomes due. The" Consumer Price Index" is the index

published by the Bureau of Labor Statistics of the United States Department of Labor,U. S. City Average, All Items and Major Group Figures for Urban Wage Earners andClerical Workers. If a substantial change is made in the manner of computing the index,then the index will be adjusted to the figure that would have been used had the manner

of computing the index in effect at the date of this Easement not been altered. If theindex (or a successor or substitute index) is not available, a reliable governmental or

other nonpartisan publication selected by Grantee evaluating the information used indetermining the index will be used.

iii) Amendment

Grantee may require Grantors to execute an amendment of this Easement toreflect changes and allocations resulting from subdivision that are not established to thereasonable satisfaction of Grantee by recordation of the plan of subdivision in the publicrecords.

11. Arbitration. If a dispute arises between the parties concerning the consistency of anyproposed use or activity with the Conservation Purposes of this Easement, and Grantors

agree not to proceed with the use or activity pending resolution of the dispute, then thedispute may be referred to arbitration if both Grantors and Grantee agree in writing tosuch a referral. If Grantor does not agree to arbitration and chooses to proceed, Grantor

shall be considered in violation of the conservation purposes of the easement and

subject to Grantees remedies as set forth in the following pages under section 14.Grantees Remedies. Within thirty (30) days of such written arbitration agreement, the

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parties shall select a single arbitrator to hear the matter. If the parties are unable toagree on the selection of a single arbitrator, then Grantors and Grantee shall each nameone arbitrator and the two arbitrators thus selected shall select a third arbitrator;provided, however, if either party fails to select an arbitrator, or if the two arbitratorsselected by the parties fail to select the third arbitrator within fourteen ( 14) days after theappointment of the second arbitrator, then in each such instance a proper court, on

petition of a party, shall appoint the second or third arbitrator or both, as the case maybe, in accordance with the Uniform Arbitration Act, 42, Pa.C.S.A. § 7301 et seq. or anysuccessor arbitration statutes then in effect. The matter shall be settled in accordancewith the said Arbitration Act (or its successor statutes), and a judgment on the arbitration

award may be entered in any court having jurisdiction thereof. The prevailing party shallbe entitled, in addition to such other relief as may be granted, to a reasonable sum asand for all its costs and expenses related to such arbitration, including, without limitation,the fees and expenses of the arbitrator(s) and attorneys' fees, which shall be determinedby the arbitrator(s) and any court of competent jurisdiction that may be called upon toenforce or review the award. Appeals may be taken as permitted under the UniformArbitration Act or its successor statute.

12. Density Limitations.The Property and any portion thereof shall not be included as part of the gross

area of other property not subject to this Easement for the purposes of determiningdensity, lot coverage, or open space requirements under otherwise applicable laws,regulations or ordinances controlling land use and building density. No developmentrights which have been encumbered or extinguished by this Easement shall betransferred to any other lands pursuant to a transferable development rights scheme orcluster development arrangement or otherwise. This easement extinguishes thedevelopment rights rendering them unavailable to use toward any open spacerequirements.

13. Notice, Approval and Discretionary Consent.In order to monitor compliance with the Conservation Purposes, Grantor shall

notify (hereinafter "Grantors' Notice") Grantee and Co-Grantees, in writing, no less thansixty (60) days prior to undertaking any activities where prior approval is required underparagraph 6 or prohibited under paragraph 5 but deemed desirable due to unforeseen orchanged circumstances. Grantors' Notice shall describe the nature, scope, design,location, timetable and any other material aspect of the proposed activity in sufficientdetail to enable Grantee and Co-Grantees to make informed judgments as to itsconsistency with the Conservation Purposes of this Easement. Should Co-Granteesobject to any such proposed activities, it shall so notify Grantee, in writing, within thirty30) days of receipt of Grantors' Notice. Grantee may give its permission only if it

determines that such activities: ( 1) do not violate the Conservation Purposes of thisEasement; and (2) either enhance or do not impair any significant conservation interestsassociated with the Property; and (3) Grantee has not received a notice of Co-Grantees,objection to the proposed activities. Grantee's approval or disapproval must be in writingand given to Grantors within sixty (60) days of receipt of Grantors' Notice. In no event,however, shall Grantee agree to any activities that would result in the termination of thisEasement or the development of any residential, commercial or industrial structures notprovided for herein.

14. Grantee's Remedies.

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14. 1 Notice of Violation; Corrective Action.. If Grantee determines that Grantorsare in violation of the terms of this Easement or that a violation is threatened, Granteeshall give written notice to Grantors and Co-Grantees of such violation and demand thatGrantors undertake corrective action sufficient to cure the violation and, where theviolation involves injury to the Property resulting from any use or activity inconsistentwith the Conservation Purposes of this Easement, to restore the portion of the Propertyso injured.

14.2 Iniunctive Relief. If Grantors fail to cure the violation within thirty ( 30) daysafter receipt of notice thereof from Grantee or under circumstances where the violationcannot reasonably be cured within a thirty ( 30) day period, fail to begin curing suchviolation until finally cured, Grantee may bring an action at law or in equity in a court ofcompetent jurisdiction to enforce the terms of this Easement, to enjoin the violation, exparte as necessary, by temporary or permanent injunction, to recover any damages towhich it may be entitled for violation of the terms of this Easement or injury to anyConservation Values protected by this Easement including damages for the loss ofConservation Values and to require the restoration of the Property to the condition thatexisted prior to any such injury.

14. 3 Damaqes. Grantee, in its sole discretion, may apply damages recovered tothe cost of undertaking any corrective action on the property.

14.4. Emergency Enforcement. If Grantee in its sole discretion, determines thatcircumstances require immediate action to prevent or mitigate significant damage to theConservation Values of the Property, Grantee may pursue its remedies under thissection 10 without prior notice to Grantors or without waiting for the period provided forcure to expire, provided Grantee notifies Co-Grantees by phone or electronic facsimileimmediately prior pursuing its remedies under this Paragraph.

14.5 Scope of Relief. Grantee's rights under this section 14 apply equally in theevent of either actual or threatened violations of the terms of this Easement, andGrantors agree that Grantee's remedies at law for any violation of the terms of thisEasement are inadequate and that Grantee shall be entitled to the injunctive reliefdescribed in this paragraph, both prohibitive and mandatory, in addition to such otherrelief to which Grantee may be entitled, including specific performance of the terms ofthis Easement, without the necessity of proving either actual damages or the inadequacyof otherwise available legal remedies. Grantee's remedies described in this paragraphshall be cumulative and shall be in addition to all remedies now or hereafter existing atlaw or in equity.

14.6 Costs of Enforcement. Any costs incurred by Grantee in enforcing the termsof this Easement against Grantors, including, without limitation, costs of suit andattorneys' fees, and any costs of restoration necessitated by Grantors' violation of theterms of this Easement shall be borne by Grantors. If Grantors prevail in any action toenforce the terms of this Easement, Grantors' costs of suit including, without limitation,attorneys' fees, shall be borne by Grantee.

14.7 Grantee's Discretion.. Enforcement of the terms of this Easement shall be atthe discretion of Grantee and any forbearance by Grantee to exercise its rights underthis Easement in the event of any breach of any term of this Easement by Grantors shallnot be deemed or construed to be a waiver by the Grantee of such term or of any

15

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subsequent breach of the same or any other term of this Easement or of any ofGrantee's rights under this Easement. No delay or omission by Grantee in the exerciseof any right or remedy upon any breach by Grantors shall impair such right or remedy orbe construed as a waiver.

14. 8 Grantee Riqhts in Perpetuity. Grantee retains the right in perpetuity to enforcefull compliance by owners on every restriction, limitation, term or covenant of this Easementto the full extent of the law.

14.9 Acts Bevond Grantors' Control. Nothing contained in this Easement shall beconstrued to entitle Grantee to bring any action against Grantors for any injury to orchange in the Property resulting from causes beyond Grantors' control, including, withoutlimitation, fire, flood, storm, and earth movement, or from any prudent action taken byGrantors under emergency conditions to prevent, abate, or mitigate significant injury tothe Property resulting from such causes.

15. Grantors' obligations.

15. 1 Costs and Liabilities. Except for acts of negligence on the part of Grantors,Grantors do not retain responsibility for construction, or maintenance of the Public Trail.Other than the Public Trail, Grantors retain all responsibilities and shall bear all costs

and liabilities of any kind related to the ownership, operation, upkeep, and maintenanceof the Property, including the maintenance of adequate comprehensive general liabilityinsurance coverage. With the exception of any mortgages which have beensubordinated to this easement as required in paragraph 16, Grantors shall keep theProperty free of any liens arising out of any work performed for, materials furnished to, orobligations incurred by Grantors.

15.2 Taxes. The Grantors agree to pay any real estate taxes or otherassessments levied on the Property. If the Grantors becomes delinquent in payment ofsaid taxes or assessments, such that a lien created against the Property is to beexecuted upon, Grantee and Co-Grantees; at their option, shall, after written notice tothe Grantors, have the right to purchase and acquire the Grantors' interest in the

Property by paying funds to discharge said lien or delinquent taxes or assessments, orto take such other actions as may be necessary to protect the Grantee's and Co-Grantees' interests in the Property and to assure the continued enforceability of thisEasement.

15.3 Hold Harmless. Except as pertaining to the Public Trail for which Grantorsare entitled to immunity under RULWA, Grantors hereby release and agree to holdharmless, indemnify, and defend Grantee, Co-Grantees, and their respective members,directors, officers, employees, agents, and contractors and the heirs, personalrepresentative, successors, and assigns of each ( collectively " Indemnified Parties") fromand against all liability, penalties, costs, losses, damages, expenses, causes of action,claims, demands, or judgments, including, without limitation, reasonable attorneys' fees,arising from or in any way connected with: ( 1) injury to or the death of any person,physical damage to any property, resulting from any act, omission, condition, or othermatter related to or occurring on or about the Property, regardless of cause, unless duesolely to the negligence of any of the Indemnified Parties; ( 2) the violation or allegedviolation of, or other failure to comply with, any state, federal, or local law, regulation, orrequirement, including, without limitation, CERCLA, ( or successor toxic waste or

16

111111111111 J111 11111111111111111111111111111111111049683411 Page 17 of 29

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hazardous substance laws or regulations) by any person other than any of theIndemnified Parties, in any way affecting, involving, or relating to the Property; ( 3) theobligations specified in paragraphs 15. 1 and 15.2; and ( 4) the existence oradministration of this Easement.

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15.4 Underqround Storaqe Tanks. Grantors covenant that there have not been

and there are not now any underground storage tanks, septic tanks or wells located onor under the Property or, if there have been any such tanks or wells located on theProperty, that ( i) the location has been shown on Exhibit B, ( ii) notice has been providedto the Grantee and Co-Grantees in writing, ( iii) such tanks and/or wells have been

properly registered with all appropriate authorities, ( iv) such tanks and/or wells are in fullcompliance with all applicable statutes, ordinances and regulations, and ( v) such tanksand/or wells have not resulted in the release of any hazardous or toxic substance,material, or waste into the environment.

16. Extinquishment, Condemnation, and Proceeds.

16. 1 Extinquishment. If circumstances arise in the future such as to render theConservation Purposes of this Easement impossible to accomplish, this Easement canonly be terminated or extinguished, whether in whole or in part, by judicial proceedingsin a court of competent jurisdiction. The amount of the proceeds to which Co-Granteesshall be entitled, and Grantee may be entitled, after the satisfaction of prior claims, fromany sale, exchange, or involuntary 'conversion of all or any portion of the Propertysubsequent to such termination or extinguishment, shall be determined, unless

otherwise provided by Pennsylvania law at the time, in accordance with paragraph 16.3.Grantee and Co-Grantees shall use all such proceeds in a manner consistent withConservation Purposes. Grantee, Grantors, and any successors in interests, shall

exhaust all legal remedies in order to preserve and protect the conservation purposes ofthis Easement. Grantors shall cooperate with Grantee and Co-Grantees in Grantee'sand Co-Grantees' performance of its obligations under this paragraph 16. 1.

16. 2 Condemnation. If the Easement is taken, in whole or in part, by exercise ofthe power of eminent domain, Co-Grantees shall be entitled to compensation inaccordance with applicable law. Grantee may share in such compensation, per theformula set forth in Paragraph 16. 3, if Grantee made an aquisitional cash investment in

the Property condemned.

16. 3 Proceeds. This Easement constitutes a real property interest immediatelyvested in Grantee and Co-Grantees, which, for the purposes of paragraph 16, theparties stipulate to have a fair market value determined by multiplying the fair marketvalue of the Property unencumbered by the Easement (minus any increase in value afterthe date of this grant attributable to improvements) by the ratio of the value of theEasement at the time of this grant to the value of the Property, without deduction for thevalue of the Easement, at the time of this grant. The values at the time of this Easementshall be those values used to calculate the deduction for federal income tax purposesallowable by reason of this Easement, pursuant to Section 170( h) of the InternalRevenue Code of 1954, as amended. For the purpose of this paragraph 16.3, the ratio of

the value of the Easement to the value of the Property unencumbered by the Easementshall remain constant. Grantee shall be entitled to share in the proceeds to the extent,prorata, of their monetary contribution to acquisition of the Property. For example, whereCo-Grantees paid $ 9,000.00 and Grantee paid $ 1, 000.00 to acquire an Easement forwhich the Grantors were paid $ 10, 000.00, then Co-Grantees would be entitled to 90% ofthe proceeds and Grantee would be entitled to 10% of the proceeds.

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17. Amendment.

If circumstances arise under which an amendment to or modification of thisEasement would be appropriate, Grantors, Grantee and Co-Grantees are free to amendthis Easement; provided that the amendment is approved by Grantee and Co-Granteesand no amendment shall be allowed that will affect the qualification of this Easement orthe status of Grantee under any applicable laws, including [ state statute] or Section170( h) of the Internal Revenue Code of 1986, as amended, and any amendment shallbe consistent with the Conservation Purposes of this Easement, and shall not affect itsperpetual duration. Any such amendment shall be recorded in the official records ofChester County, Pennsylvania.

18. Assignment of Grantee's Interest.This Easement is transferable, but Grantee may assign its rights and obligations

under this Easement only to an organization approved by Co-Grantees that is also aqualified organization at the time of transfer under Section 170( h) of the InternalRevenue Code of 1954, as amended (or any successor provision then applicable), andthe applicable regulations promulgated thereunder, and authorized to acquire and holdConservation Easements under Applicable Law. Grantee shall require that theConservation Values this Easement is intended to preserve will be protected and anynecessary ecological management and monitoring activities will be carried out.

19. Executory Limitation and Transfer of Grantee's Interest.If Grantee shall cease to exist or to be a qualified organization under Section

170( h) of the Internal Revenue Code of 1954, as amended, or to be authorized toacquire and hold Conservation Easements, and a prior assignment is not made pursuantto paragraph 18, then Grantee's rights and obligations under this Easement shallbecome immediately vested in the Co-Grantee. If the Co-Grantee is no longer inexistence at the time the rights and obligations under this Easement would otherwisevest in it, or if the Co-Grantee is not qualified or authorized to hold ConservationEasements as provided for an assignment pursuant to paragraph 18, or if it shall refusesuch rights and obligations, then the rights and obligations under this Easement shallbecome vested in and fall upon one of the following named entities to the extent suchentity shall evidence acceptance of and agree to fully enforce same:

a) A specified or qualified conservation organization;b) The Township of East Brandywine, a political subdivision of Chester County

and the Commonwealth of Pennsylvania; orc) Such other organization as may be designated under the doctrine of cy pres

by a court of competent jurisdiction oras shall be directed pursuantto applicable laws and with due regard to the requirements for anassignment pursuant to paragraph 18.

20. Subsequent Transfers.

Grantors agree to incorporate the terms of this Easement in any deed or otherlegal instrument by which they divest themselves of any interest in all or a portion of theProperty, including, without limitation, a leasehold interest. Grantors further agree to givewritten notice to Grantee and Co-Grantees of the transfer of any interest at least thirty30) days prior to the date of such transfer. The failure of Grantors to perform any act

required by this paragraph shall not impair the validity of this Easement or limit itsenforceability in any way.

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21. Maintenance and Assessment Obliqations of Grantee.Grantee and Co-Grantees shall be under no obligation to maintain the Property

or any portion thereof, or pay taxes or assessments thereon. Any action by Grantee orCo-Grantees such as maintenance of the Easement or any other act by Grantee or Co-Grantees to protect the Property shall be deemed merely a gratuitous act that shallcreate no obligation on the part of Grantee or Co- Grantees. Construction and

maintenance of the Public Trail shall be the responsibility of the Grantee, Co-Grantees,their succors and assigns.

22. Statement of Compliance.

Grantors hereby agree to request in writing at least thirty (30) days prior to thesale, transfer, or long term (ten years or more) lease of the Property, or any portionthereof, a written instrument from Grantee stating that Grantors are in compliance withthe terms and conditions of this Easement, or if Grantors are not in compliance with theterms and conditions of this Easement, stating what violations of this Easement exist.Grantee agrees in such cases or at any other time to acknowledge, execute, and deliverto Grantors and Co-Grantees and any mortgagee, transferee, purchaser, or lessee such

a written instrument concerning compliance within thirty (30) days of written request fromGrantors. Grantors shall provide a copy of Grantee' s compliance statement to anypurchaser, mortgagee, lessee, or assignee. Any costs incurred by Grantee indetermining compliance and advising Grantors as to compliance or costs incurred as aresult of Grantors' failure to notify Grantee and/or Co-Grantees of transfer, saleassignment, or lease of the Property, or any portion thereof, shall be paid by Grantors,their successors or assigns.

23. Coal Interests.

The following notice is given to and accepted by Grantor for the purpose and withthe intention of compliance with the requirements of the Pennsylvania Conservation andPreservation Easements Act. Nothing herein shall imply the presence or absence ofworkable coal seams or the severance of coal interest from the Property.

NOTICE: This Conservation Easement may impair thedevelopment of coal interests, including workable coal seams orcoal interests which have been severed from the Property.

24. Notices.

All notices, requests, consents, approvals, or other communication hereundershall be in writing and shall be deemed properly given if sent by U. S. certified mail,return receipt requested, addressed to the appropriate party or successor in interest atthe address most recently provided or to such other address as either party from time totime shall designate by written notice to the other.

To Grantors: Philip M. Tischler& Nancy A. Tischler621 Rock Raymond Road

Downingtown, PA 19335

To Grantee: Natural Lands Trust, Incorporated1031 Palmers Mill Road

Media, PA 19063

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To Co-Grantees: Chester County Preservation Partnership Program AdministratorChester County Department of-Parks and Recreation601 Westtown Road, Suite 160

P. O. Box 2747

West Chester, PA 19380-0990

East Brandywine Township1214 Horseshoe Pike

Downingtown, PA 1 9335- 1 1 53

25. Recordation.

Grantee shall record this instrument in timely fashion in the official records ofChester County, Pennsylvania and may re- record it at any time as may be required topreserve its rights in this Easement.

26. Failure of Grantee to Enforce.

If at any time any organization, agency, or person having rights or dutieshereunder as Grantee shall fail to enforce the restrictions set forth in this Easement,Grantor, Co-Grantees or any governmental unit of Chester County, shall have the rightto bring suit against Grantee for specific performance.

27. General Provisions.

a) Controlling Law. The laws of the Commonwealth of Pennsylvania shall govern theinterpretation and performance of this Easement.

b) Liberal Construction. Any general rule of construction to the contrary notwithstanding,this Easement shall be liberally construed in favor of the grant to effect theConservation Purposes of this Easement and the policy and purpose of LinkingLandscapes, the Open Space element of the Chester County ComprehensivePlan, Chester County Preservation Partnership Program and the Conservationand Land Development Act, Pa. Stat. Ann. Title 32, Section 5001 et seq. If anyprovision in this instrument is found to be ambiguous, an interpretation consistent

with the Conservation Purposes of this Easement that would render the provisionvalid shall be favored over any interpretation that would render it invalid.

c) Severability. If any provision of this Easement, or the application thereof to anyperson or circumstance, is found to be invalid, the remainder of the provisions ofthis Easement, or the application of such provision to persons or circumstancesother than those as to which it is found to be invalid, as the case may be, shallnot be affected thereby.

d) Entire Agreement. This instrument sets forth the entire agreement of the parties withrespect to the Easement and supersedes all prior discussions, negotiations,understandings, or agreements, relating to the Easement, all of which aremerged herein. No alternation or variation of this instrument shall be valid or

binding unless contained in an amendment that complies with paragraph 13.e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of

Grantors' title in any respect.f) Joint Obligation. The obligations imposed by this Easement upon Grantors shall be

joint and several.

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g) Successors. The covenants, terms, conditions, and restrictions of this Easementshall be binding upon, and inure to the benefit of, the parties hereto and theirrespective personal representatives, heirs, successors, and assigns and shall

continue as a servitude running in perpetuity with the Property.h) Termination of Rights and Obligations. A party's rights and obligations under this

Easement terminate upon transfer of the party's interest in the Easement or

Property, except that liability for acts or omissions occurring prior to transfer shallsurvive transfer.

i) Captions. The captions in this instrument have been inserted solely for convenienceof reference and are not a part of this instrument and shall have no effect uponconstruction or interpretation.

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

TO HAVE AND TO HOLD unto Grantee and Co-Grantees, their respectivesuccessors and assigns forever.

SIGNATURES BEGIN ON FOLLOWING PAGE]

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22

IN WITNESS WHEREOF Grantors, Grantee, and Co-Grantees have set their

hands on the day and year first above written.

GRANTORS:

Witne

Philip M. T' ler

00,*

W

Nancy A. Ti hler

GRAN'TEE:

Natural Lands Trust, Incorporated

By: C4Name: Y) C " v" av**L..Title: VICEpyeSidet4k Dev& FM t t"( wzvv u ttaCa i. s

SEAL]

ATTEST.

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CO-GRANTEES:

COUNTY OF CHESTER

By: if 0( 00Carol Aichele Chairman

SEAL]

LDona 11. Man 1 CommissionerISmn'

Andrew E. Dinniman Commissioner

ATTEST—

COMMONWEALTH OF PENNSYLVANIA:

COUNTY OF

ON THIS• DAY before me the undersianed officer ersonallyappeared k.'.n 6 Down to me or s%-a' tisfactorily

I

proven) to bethe person( s) whose name(s) is/OJr subscribed to the within instrument, and

acknowledged that he/she/they executed the same for the purposes therein contained.

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

NOTARIALAUDREY WEST, Notary Public NotarPublicco West Whiteland Twp.. Chester C younty, PA

a0L

0COr MY Commission Expires Jan. 20, 2005

Print Name:0"--)0) to 00

co

0

COMMONWEALTH OF PENNSYLVANIA

Ul Ss

U)CD COUNTY OF0

ON IS DAY before me, the undersigned officer, personallyappeetre whn acknowledged h4mherself to be theI

00!

of a,Pennsylvania non-profit corporation, and that / she as such officer, being authorized to do so, executedthe foregoing instrument for the purposes therein contained by signing the name of thecorporation by her/himself as such officer.

0

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

otary Public

Print Name:Notarial seal

Margaret R. King, Notary PublicMedia Boro, Delaware County—

MY Commission Expires June 4, 20624 member, Pennsylvania Assca.ation Of Notades

Commonwealth of Pennsylvania

ss.

County of- Ckt440(-'./On this 16& day of 2004, personally appeared beforeke, the Subscriber, a Notary Public for the State and County afores *d

ffludAl.-, 0; WAjt( andr

jF. b v̀%" 6 (Puatut/ilo, Commissioners of the County of Chester, a

political subdivision and Municipal Corporation and County of the Third Class, party tothis Agreement, and acknowledged this Indenture to be his or her act and deed of said

County, known to me personally to be such, andGIVEN under y H nd and Seal of office, the day and year aforesaid.

SEAL

Notary P blic MAVIY C. LLOYD, NotaryPublic

2 ' Mst r cougityMWest Chester BW';My() On,mission

Expife^ jurte i 5, 200 6

EAST BRANDYWINE TOWNSHIP

By. e/aTOWNSHIP SEAL] David A. Kirkner, CPA, Supervisor

B

yv,*,G. Fischer, Esq., Supervisor

By;Hudson L. Volqsq., Supervisor

Commonwealth of Pennsylvania)

ss.

County of

On this day of 2004, personally appeared beforeme, the Subscriber, a Notary Public for the State and County aforesaid, David A.Kirkner, Jay G. Fischer, and Hudson L. Voltz, Supervisors of East Brandywine

Township, a political subdivision and Municipal Corporation and Township of the SecondClass, party to this Agreement, and acknowledged this Indenture to be his act and deed

of said Township, and known to me personally to be such.

GIVEN under my Hanel and Seal of office, the day and year aforesaid.

Notarial SealWry Beth Smedley, Notaij.,Public,

East Brandywine Twr-,..Chester CountyNotary Public My commfs's-i'--' n_ 5 2007

Memb-ew, Pef 4

2510496834

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Exhibit A"

LEGAL DESCRIPTION

ALL THAT CERTAIN tract or parcel of land with the buildings erected thereon situate in EastBrandywine Township, Chester County, PA, described according to a plan prepared by RegesterAssociates, Inc., dated September 20, 2004 and last revised November 24, 2004, being DrawingNumber T-458, to wit:

BEGINNING at a spike in the title line of Public Road S. R. 4017 known as Rock Raymond

Road, marking a comer of the herein described tract and a comer of lands of the BrandywineConservancy, Inc.; thence leaving the said point of beginning, leaving Rock Raymond Road and

along lands of the Brandywine Conservancy, Inc. the following three courses and distances towit:

1) North 65 degrees 10 minutes 56 seconds East, crossing a trail easement area, 800.50 feet to a

pipe;

2) North 08 degrees 39 minutes 09 seconds West 617. 98 feet to a pipe;3) North 78 degrees 02 minutes 02 seconds East 769.23 feet to a point in line of lands of the

Lena Decovny Revocable Living Trust; thence along the same, South 16 degrees 50 minutes 00

seconds East, crossing the aforementioned trail easement area, 1723. 60 feet to a spike in the title

line of Public Road S. R. 4004 known as Dowlin Forge Road; thence along the same, South 88

degrees 54 minutes 10 seconds West 1178. 10 feet to a point marking the intersection of the titleline of Dowlin Forge Road with the title line of Rock Raymond Road, aforementioned; thence

along the title line of Rock Raymond Road the following five courses and distances to wit:

1) North 07 degrees 07 minutes 15 seconds East 223. 50 feet to an iron pin;2) North 77 degrees 33 minutes 41 seconds West 500.04 feet to a point;3) North 59 degrees 52 minutes 41 seconds West 132.00 feet to a point;4) North 48 degrees 08 minutes 30 seconds West 127.47 feet to a point;5) North 23 degrees 52 minutes 19 seconds West 93.05 feet to the first mentioned point and

place of beginning.

CONTAINING: 41. 204 acres of land be the same more or less.

Excepting therefrom the following:

Tax Parcel# 30-06-019. 1

BEGINNING at a point on the northerly side of Public Road S. R. 4004 known as Dowlin Forge

Road, marking a comer of the herein described tract, and being measured the following two

courses and distances from a spike in the title line of Public Road S. R. 4004 known as Dowlin

Forge Road, marking a comer of lands of the Lena Decovny Revocable Living Trust and a

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comer of lands of Philip M. & Nancy A. Tischler, to wit:1) South 88 degrees 54 minutes 10 seconds West 51. 95 feet to a point;

2) North 16 degrees 50 minutes 00 seconds West 25.97 feet to the said point of beginning; thence

leaving the said point of beginning, along the northerly side of Dowlin Forge Road, South 88

degrees 54 minutes 10 seconds West 285.70 feet to a point; thence leaving Dowlin Forge Road

and along lands of Philip M. & Nancy A. Fischler the following three courses and distances toWit:

1) North 01 degrees 05 minutes 50 seconds West 373. 86 feet to a point;2) North 88 degrees 54 minutes 10 seconds East 180.36 feet to a point;3) South 16 degrees 50 minutes 00 seconds East 388.42 feet to the first mentioned point and

place of beginning.

CONTAINING: 2.000 acres of land be the same more or less.

BEING UPI No. 30- 6- 19

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Al North 230 52' 19" West, 93.05' Tischler PropertyA2 North 480 08' 30" West, 127.47'

A3 North 590 52' 41" West, 132.00' WaterwaysA4 North 770 3341" West, 500.04'

Dri rewaA5 North 070 07' 15" East, 223.50' y

A6 South 880 54' 10" West, 1178. 10' Existing BuildingsA6a South 880 54' 10" West, 51. 95'

Building Protection AreaA7 South 160 50' 00" East, 1723.60'A8 North 780 02' 02" East, 769.23'

Building Expansion Area AA9 North 080 39' 09" West, 617.98'

A10 North 650 10' 56" East, 800.50' Building Expansion Area BB1 South 880 54' 10" West, 285.70' ro4niWl 11, q 1

Meadow Protection AreaB2 North 010 05' 50" West, 373. 86'

B3 South 880 54' 10" East, 180.36' Y = Trail Easement AreaB4 South 160 50' 00" East, 388.42'

Woodlands Protection AreaB4a South 160 50' 00" East, 25.97'C1 North 530 12' 31" West, 409.40'

C2 North 650 10' 56" East, 378.58'

C3 South 030 51' 35" East, 397.56'

C4 South 800 04' 55" West, 43. 18'

D1 South 800 04' 55" West, 422.29'

D1a South 800 04' 55" West, 379. 11 N,%D2 South 110 5926" East, 410.07' Lt ; ,D3 North 770 30' 43" East, 322.65' i

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E1 South 110 59' 26" East, 223.41'

E2 North 840 4829" East 309.49' or

Ol f."• 'E3 North 080 39' 09" West, 263.30' r'., -r` ' 170l. 1.

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F5 North 870 53' 53" Wes 380.58'

F6 South 110 5926" East, 633.48' r• _ ems- 4•,r• !!

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ADMIRAL SEARCH0111112005 11 15A B-6385 P-582 Feet

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Co rledbr R.OrsrNatural Lands Trust

Tischler Property Conservation Plan prepared by !. Uldacy FarmP tY Conservation Easement Flan NLT from Easeme Plan 1031 Palmers Mill Roadby39.2 acres

Media, PA 19063Regester Associates, Inc_, NATURAL

East Brandywine, Chester County Exhibit B dated 9/ 20/ 04. LANL'-,,- 610- 353- 5587Last revised 11/ 24/ 04. TR1.