/ (X ID 01 2$ Received & Recorded Plymouth county rebis7ry of deeds 10 JUL 1998 12:51PM JGWi D.RIORDfiN CONSERVATION RESTRICTION REGISTER To Bk 16392 Pg 299 The Commonwealth of Massachusetts The Moby Dick Council, inc., Boy Scouts of America, a | Massachusetts corporation having its usual place of business at 39 5« Grove Street, New Bedford, Massachusetts 02740 ("Grantor"), in || consideration of One Million Dollars ($1,000,000.00), the receipt j| ^ and sufficiency of which is hereby acknowledged, hereby grants o. g with QUITCLAIM COVENANTS to the Commonwealth of Massachusetts, «o § acting through its Division of Fisheries and Wildlife within its §3 Department of Fisheries, wildlife and Environmental &aw g Enforcement, as authorized under Section 6 of Chapter 131 of the g General Laws, and through its Department of Environmental g Management, as authorized under Section 3 of Chapter 132A of the _5l General Laws, both of 100 Cambridge street, Boston, MA 02202 &g (hereinafter -Grantee"), as joint tenants, in perpetuity and -•° exclusively for the purposes of Article 97 of the Amendments to the Massachusetts Constitution and for conservation purposes, a Conservation Restriction having the terms and conditions hereinafter set forth (hereinafter ^Restriction-) on a parcel of gg land located in the towns of Plymouth and Wareham, Plymouth County, Massachusetts, containing approximately 800 acres, more or less, said parcel being more particularly described in Exhibit A attached hereto and incorporated herein as if set forth in full (the -Premises"). The Premises consist of a Building Envelope, shown on the sketch plan attached hereto as Exhibit B, with the remainder of the land being referenced hereinafter as the Conservation Zone. i. Purposes This Restriction is defined in Section 31 of Chapter 184 of the General Laws. The purposes of this Restriction are to assure the Premises will be retained in perpetuity predominantly in its natural, scenic, and open condition for fish and wildlife conservation, natural habitat protection, fire management and control, and other conservation uses consistent with the spirit and intent of Article 91 of the Amendments to the Constitution of the Commonwealth of Massachusetts, to prevent any use of the Premises that will significantly impair or interfere with the conservation values thereof, and to allow public access for enjoyment of the wildlife and open space resources of the Premises as specifically provided for herein. The conservation and permanent protection of the Premises will yield a significant public benefit for the following reasons: 20'd 0£:TI 66, £ das 99X-ZZi-^9-I: xej TBP\M
Transcript
/
(X
ID 01
2$
Received & RecordedPlymouth county
rebis7ry of deeds10 JUL 1998 12:51PM
JGWi D.RIORDfiNCONSERVATION RESTRICTION REGISTER
To Bk 16392 Pg 299
The Commonwealth of Massachusetts
The Moby Dick Council, inc., Boy Scouts of America, a| Massachusetts corporation having its usual place of business at 39
5« Grove Street, New Bedford, Massachusetts 02740 ("Grantor"), in|| consideration of One Million Dollars ($1,000,000.00), the receiptj| ^ and sufficiency of which is hereby acknowledged, hereby grantso. g with QUITCLAIM COVENANTS to the Commonwealth of Massachusetts,«o § acting through its Division of Fisheries and Wildlife within its§3 Department of Fisheries, wildlife and Environmental &awg Enforcement, as authorized under Section 6 of Chapter 131 of theg General Laws, and through its Department of Environmentalg Management, as authorized under Section 3 of Chapter 132A of the
_5l General Laws, both of 100 Cambridge street, Boston, MA 02202&g (hereinafter -Grantee"), as joint tenants, in perpetuity and-•° exclusively for the purposes of Article 97 of the Amendments to
the Massachusetts Constitution and for conservation purposes, aConservation Restriction having the terms and conditionshereinafter set forth (hereinafter ^Restriction-) on a parcel of
gg land located in the towns of Plymouth and Wareham, PlymouthCounty, Massachusetts, containing approximately 800 acres, more orless, said parcel being more particularly described in Exhibit Aattached hereto and incorporated herein as if set forth in full(the -Premises"). The Premises consist of a Building Envelope,shown on the sketch plan attached hereto as Exhibit B, with theremainder of the land being referenced hereinafter as theConservation Zone.
i. Purposes
This Restriction is defined in Section 31 of Chapter 184 ofthe General Laws. The purposes of this Restriction are to assurethe Premises will be retained in perpetuity predominantly in itsnatural, scenic, and open condition for fish and wildlifeconservation, natural habitat protection, fire management andcontrol, and other conservation uses consistent with the spiritand intent of Article 91 of the Amendments to the Constitution ofthe Commonwealth of Massachusetts, to prevent any use of thePremises that will significantly impair or interfere with theconservation values thereof, and to allow public access forenjoyment of the wildlife and open space resources of the Premisesas specifically provided for herein. The conservation andpermanent protection of the Premises will yield a significantpublic benefit for the following reasons:
20'd 0£:TI 66, £ das 99X-ZZi-^9-I: xej TBP\M
1. The Premises consist of pitchpine/scrub oak barrens, asignificant natural community type in Massachusetts, severalkettle hole ponds and occurrences of state listed rare species ♦
2. The Premises also provide a relatively undevelopednatural habitat for wildlife and plant communities and a streamand ponds for waterfowl and freshwater fish communities.Preservation of the ponds and associated wetlands, the stream, andadjacent woodlands will protect a significant wildlife andfisheries habitat,
3. Preservation of the Premises, by prohibiting alterationsto the natural character thereof and allowing public accessthereto, will protect the area's scenic and open space value andenhance the passive recreational, human enjoyment, and ecologicalvalue of this conservation open space.
11^ Prohibited Aces anrt fTffflff
In order to carry out the purposes set forth in Section Iabove, the Grantor covenants for itself and its legalrepresentatives, mortgagees, successors and assigns that thePremises will at all times be held, used, and conveyed subject tothe following restrictions, and the Grantor and its successors andassigns will not perform any activity which is inconsistent withthe aforestated purposes of this grant or which is detrimental towater quality, soil conservation, wildlife conservation or whichis otherwise wasteful of the natural resources of the Premises.Prohibited activities on, over or under the Premises shallinclude, but not be limited to, the following:
A. Constructing or placing of any dwelling, building, tenniscourt, landing strip, mobile home, swimming pool, fence, asphalt^LJS^T^ ^Vemeat' r°adway, trail, artificial waterimpoundment, parking area, sign, billboard or other advertisingdisplay, communication or utility pole or tower, conduit, linefence, barrier, wall, septic system, or any other temporary orpermanent structure or" facility on, above or under the Premisesexcept as permitted under this document, and, if permitted, theerection or placement of which in each instance shall not beginuntil Grantee has received twenty (20) days prior notice thereof-
£0'd 02: XT 66, £ das 99SZ-IZI-U9-1: x^J 313P1JQ
*•»;
B. Mining, excavating, dredging or removing from thePremises soil, loam, peat, gravel, sand, rock or other mineralresource or natural deposits, except to the extent necessary toinstall or erect the structures or facilities allowed in SectionIII hereof, or to grade or regrade the property in associationwith the activities allowed under said Section,- excepting alsothose circumstances where removal from the Premises of anyexcavate generated under these exceptions would avoid negativeimpacts to the resources, purposes or conservation valuescontemplated by this Restriction; .
C. Placing, filling, storing or dumping on the Premises ofsoil, refuse, trash, vehicle bodies or parts, rubbish, debris,3unk waste, or any other substance or material whatsoever,including the installation of underground storage tanks, exceptplacement or storage of soil from the Premises may be allowed tothe extent necessary to install or erect the structures orfacilities allowed in Section III hereof, or to grade or regradethe property in association with the activities allowed under saidSection; excepting also the placement of tree stumps, and othervegetative debris from the Premises in compliance with allapplicable laws and regulations in locations within the BuildingEnvelope, such placement and storage not to negatively impact theresources, purposes or conservation values contemplated by thisRestriction; J
D. Activities detrimental to drainage, flood control, waterconservation, erosion control, or soil conservation;
f«n,SK'vttB ?** °f automobilee' trucks, motorcycles, motorizedtrail bikes, all-terrain vehicles and snowmobiles, or any othermotorized or power-driven vehicles, with the exception only (l)for motorized wheelchairs and automobiles and four-wheeledvehicles to buildings and structures or for activities permittedunder Section III, (2) as required by Grantee to carry out itsrights and responsibilities hereunder, and (3) as required by thepolice, fire fighters, or other governmental agents in carryingout their lawful duties;
P. Removal or destruction of trees, shrubs, or any othervegetation in the Conservation Zone, except that cutting, pruning,mowing and removal may be performed to remove hazards, diseased
V0'6 T£:TT 66, £ das 99K-<L3i-<LI9-I:*BJ 313RJQ
trees, or insect damage, to preserve or provide vistas from theBuilding Envelope as defined herein, and to install the structuresand facilities allowed under Section III hereinbelow, all to bedone pursuant to recognized agricultural or horticulturalpractices approved by the Grantee pursuant to the procedures setforth in Section VTII hereinbelow, and after consultation with theMassachusetts Department of Food and Agriculture;
' ~p -.J3* ?* devel°P»eilt of new cranberry bogs or redevelopmentof old cranberry bogs; ^^
H. The planting of any invasive exotic plant speciesidentified as such on lists maintained by the Division ofFisheries and Wildlife's Natural Heritage and Endangered Speciesprogram; ^
I. Any commercial or industrial use of any kind, includingbut not limited to use as a commercial hunting, fishing orsporting club or facility, or any institutional use inconsistentwith the purposes of this Restriction;
J. The storage or application of pesticides, herbicides,insecticides, fungicides, or other chemicals or materials exceptas may be approved in writing by Grantee in accordance with theprocedures set forth in Section VIII below;
rmeaJZ *** .°-f Clf Premises for ^ other purpose, except foroutdoor recreational purposes or similar purposes permitting thePremises to remain predominately in their natural condition™X1•"V*,£ S1a11 °nly * Carried « «* Permitted in???T ^ a11 *** Provisions of this instrument; providedSE^L110 ^T1** ShalX ** Carried on or Pitted that wouldalter the existing drainage patterns, flood plains, or wetlands orresult in erosion, siltation or other forms of water pollution,-
L. Conveyance of a part of portion of the Premises alone (asfS?*!. Wlth .conveVance °f the Premises in their entirety, whichsnail be permitted), or division or subdivision of the Premisesor use or assignment of the dimensions, area or acreage of thePremises for purposes of subdivision or development of
SO'd I£:II 66. £ das 99S3-Z3Z-ZT9-T: xej 3T3UQ
unrestricted land, whether or not such land is adjacent thePremises and whether or not such land is owned by the Grantor, itssuccessors and assigns;
M. Any other uses of or activities on the Premises whichwould be inconsistent with the purposes of this Restriction ordetrimental to the conservation interests which are the subject ofthis Restriction.
Ill- Reserved Rights. Permitted &rHm>ioa
Notwithstanding anything contained in Section II, the Grantorreserves to itself and to its successors and assigns the right toconduct or permit the following acts and uses but only to theextent such acts and uses do not materially impair the purposes ofthis Restriction:
A, Operation of a nonprofit camp, including the rentingand/or leasing of the Premises for use of the camp facility layindividuals or other groups for recreational camping and/oroutdoor education purposes, or by hunters for camping during thehunting season as defined hereinbelow, and to conduct activitiesand events consistent with such operation, provided however, that*
(1) the maximum overnight occupancy of the Premises shall beno more than 350 persons, except for three two-night events(Peak Events) in any twelve month period. The maximumovernight occupancy for any Peak Event shall be no more than600 persons;
(2) all overnight stays shall occur within the BuildingEnvelope, except that outpost camping (defined as overnightstays outside the Building Envelope) shall be allowed asfollows:
(a) At six (6) standard outpost sites located in theConservation Zone, with or without running water orsanitary facilities, any such facilities to beinstalled and maintained at the sole cost of theGrantor, one of which sites may be an open air shelterbuilt on the existing cement slab near Abner Pond;
90 "d 3£Vlf "66. £""d8S 99S3-Z3Z-ZI9-I":»J 3131^0
(b) At two (2) low impact outpost sites located in theConservation Zone, neither one having running water orsanitary facilities;
(c) On any one night, not more than so persons inoutpost camping sites, and not more than 25 persons inany single outpost camping site;
(d) Prior to the Grantor locating, relocating,improving or altering any standard outpost site, theGrantee shall have the right to review and approve anyplans regarding the location, design, intensity of useand sanitary facilities of, for or within such site,said approval not to be unreasonably delayed orwithheld.
B. Within the Building Envelope, the use, maintenancerepair, relocation, demolition and replacement of the existingbuildings, wells, septic systems, utility lines, artificial waterimpoundment, signs, trails and other improvements as currentlylocated (collectively "structures and facilities"), and theinstallation and construction of additional structures andfacilities directly related to the operation of the allowednonprofit camp, including a swimming pool, provided, however, thatSLT Bt*?ct"?** «* facilities must be located at least 200feet from the high water line of any stream, pond or other waterbody, except that up to two rafts may be installed in Five MilePond, and one or more boat house, dock and life guard tower may belocated m the camp's waterfront activities area on the easterlyside of said Pond, all in compliance with all applicable laws andregulations;
C. Repair, maintenance and improvement, including pavina, ofthe existing entrance road leading into and through the Premises^wiSB?1**lt Line R°ad' t0 "* **** shova on Exhibit Bof ^ 10t£:r '^ncludin&' •**> "*•**. maintenance or replacementaf EJES* ^^f0^ ******* line along said road, as wellas installation of signs along said road related to the allowednonprofit camp use, all at the sole cost of the Grantor, inconformance with the terms of this Restriction and subject toreasonable review by Grantee regarding environmental impact-
<L0*d 2£:Vf~ 66. £ "fos ^Z-lZl-m-l'™! 313RJQ
D. Repair, maintenance and replacment of the existingelectric utility line in the Conservation Zone now running fromthe easterly bound of the Premises at land now or formerly of AD. Makepeace into the Building Envelope;
E. Construction and maintenance of fences, gates, andstone walls within the Building Envelope,-
P. The cutting and planting of trees, shrubs and othervegetation for normal improvement and maintenance of the Premisesto prevent threat of injury or damage to persons or property, tocarry out the allowed uses of the Premises, and to further theconservation interests protected by this Restriction, provided,however, that only species native to Plymouth County may beplanted in the conservation Zone, and no invasive exotic plantspecies identified as such on lists maintained by the Division ofFisheries and Wildlife's Natural Heritage and Endangered SpeciesProgram may be planted anywhere on the Premises;
G. Use of the existing nine mountain bike trails on thePremises. Establishment of new such trails within theSer^r^r.?0^' °r ™loc*io» °f «*ting trails or any portionthereof, shall be permitted only with the approval of the Grantee,f^^Lte "t*Bt they al"° SeXVS aS scientifically supported
fcrr^tJTf!? tf *?y right *"**-* *y the Grantor under thissection III snail be in compliance with the then-current ZoningBylaws applicable to the Premises, the Wetlands Protection Ac?(General Laws Chapter 131, Section 40), and all other applicablefederal, state, and local environmental protection and other lawsSL^S? aSree8 ?t t0 Seek a ******** therefrom fordevelopment purposes without written consent of Grantee Theinclusion of any reserved right in this Section III requiring apermit from a public agency does not imply that the Grantee takesany position on whether such permit should be issued. Any right
is?cr-^ie prohibitGd without -•»- ^-
"d Z£:ff "66". £ das " 99K-^L-±I9-f:XBJ 313P1JQ
IV- Access for Manarpspp^. artH fy^ jnnr»
The Grantee through its duly designated officers, directors,employees, representatives, and agents shall have the right to:
A. Enter the Premises at reasonable times and in areasonable manner, including by use of motorized vehicles, for thepurpose of inspecting the Premises, determining compliance withtbe terms of this Restriction and preventing, abating or ranedyiacrany violations thereof, provided that persons conducting suchactivities shall register with the camp ranger immediately uponentering the Premises? ^^
B. Enter the Premises at reasonable times and in areasonable manner for the purpose of studying and monitoring thenatural communities and specific species, provided that personsconducting such activities shall register with the camp rangerimmediately upon entering the Premises;
C. Enter the Premises to, at Grantee's sole expensei
(1) construct a parking area on the Premises located at themain entrance into the Premises off Southeast Line Road,sufficient for eight (8) vehicles;
(2) construct up to two unpaved, continuous recreationalwalking trails in the northwest quadrant of the Premisesfrom other land of the Grantee, including a trailleading to and around Abner Pond; and
(3) after consultation with and prior written notice to theGrantor, perform any act required to preserve, conserveor promote the natural habitat of wildlife, fish andPlants located on the Premises and manage the forestresources, including but not limited to pest controlestablishment of fire breaks, removal of fire fuels'execution of prescribed burns, establishment ofgroundwater monitoring wells and development andcarrying out of a forest cutting plan.
60'd ££:!! 66, £ das 99S£-<£Z-ZT9-I:xej 313RJQ
V. Access for thg a*™**! PnhUn
This Restriction includes the grant of the right to Grantee,its successors and assigns, to permit the public to enter upon theConservation Zone, and to permit members of the public to use theConservation Zone and existing and future ways and trails thereon,for passive daytime recreational purposes such as hunting, fishingat Abner Pond and Five Mile Pond, hiking, birdwatching, andsimilar uses, specifically excluding, however, boating or swimmingat any water body, provided that such activities do not involveuse of motorized vehicles, are not detrimental to the purposes ofor violate the terms of this Conservation Restriction, and do notunreasonably interfere with permitted uses of the Premises by theGrantor, provided further that:
(1) persons entering into the Conservation Zone, except thosepersons staying exclusively on marked Commonwealth trailsand/or fishing at Abner Pond, must first register with theCamp Ranger at a designated location immediately uponentering the Premises;
(2) hunting shall be permitted in the Conservation Zoneduring the two week period of each year when it is legal tohunt deer with modern firearms, as periodically set by theDivision of Fisheries and Wildlife (a/k/a 'shotgun season"),and that, during such period, the public may pass through theBuilding Envelope on established roads and trails withoutfirst registering as provided in subsection (1) above.
Precise terms and conditions of access and furtherlimitations on access shall be determined iyy the Director of theDivision of Fisheries and Wildlife in consultation with theCommissioner of the Department of Environmental ManagementGrantor may petition the Director to modify public access to thePremises for cause pursuant to the reasons articulated above.
OT'd ££:!! 66, £ das 99X-4&L-ZI9-I: xbj 313(^30
VI- Legal RfimAdieg of Or>ffnhftr arv* flrfmEfft
In the event of any violation of the terms of thisRestriction by either party, the party seeking to enforce theterms of this Restriction shall notify the other thereof andrequest the other to remedy such violation. If the violation isnot remedied within a reasonable time, acting party may enter uponthe Premises, with or without Order of Court, to remedy or abate.such violation, and may enforce this Restriction by appropriatelegal proceedings and to obtain injunctive and other equitablerelief against any violations, including without limitation reliefrequiring restoration of the Premises to its condition at the timeof this grant (it being agreed that the Grantor or Grantee mayhave no adequate remedy at law), and shall be in addition to, andnot in limitation of, any other rights and remedies available toeither party. If the Grantor or Grantee obtains judgment from acourt of law that confirms the other has violated the terms ofthis Restriction, the party in violation shall reimburse the otherall reasonable costs and expenses incurred in connection withobtaining and enforcing such judgment, including reasonablecounsel fees and reasonable costs incurred in remedying or abatino;the violation. *
Enforcement of the terms of this Restriction shall be at thediscretion of the either party, and any forbearance by eitherparty to exercise its rights under this Restriction shall not bedeemed or construed to be a waiver. By its acceptance of thisRestriction, Grantee does not undertake any liability orobligations relating to the condition of the Premises.
V11- Representations of th» grants, a^i^m^t-
The Grantee represents that they are governmental agencies ofthe Commonwealth of Massachusetts, that they are organized andoperated for the purpose of preserving and conserving naturalresources, natural habitats, environmentally sensitive areas andfor other charitable, scientific and educational purposes, andthat they have both the necessary funds and commitment to heldthis Restriction exclusively for conservation purposes inperpetuity and to enforce its tenns.
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The benefits of this Restriction shall be in gross and shallnot be assignable by the Grantee, its successors and assigns,unless the assignee is a -qualified organization" as defined inSection 170(h)(3) of the Internal Revenue Code of 1986, asamended, including, without limitation, a government entity,provided that, as a condition of such assignment, the assignee isrequired to hold this Restriction and enforce its terms forconservation purposes. The Grantee shall* notify the Grantor inwriting at least thirty (30) days before it assigns thisRestriction.
VIII. Required WofcifiraMi-^
Uftiless otherwise provided herein or by law, the Grantor shallnotify the Grantee in writing at least ninety (90) days prior toundertaking or allowing any uses or activities on the Premiseswhich require the approval of Grantee under Section II above, orthat are contrary to the purposes of this Restriction or that mayadversely affect the conservation interests found within thePremises.
Whenever Grantor's or Grantee's consent or approval isrequired under the terms of this Restriction, Grantor or Granteeshall grant or withhold such consent or approval in writing withinninety (90) days of receipt of written request therefor, and anysuch consent or approval shall not be unreasonably withheld solong as the granting of said consent is consistent with the termsand purposes of this Restriction. Failure to act in writingwithin the stated 90-day time period shall constitute consent orapproval.
Any written notice required hereunder shall be sent bycertified mail, return receipt requested, postage prepaid, to thefollowing addresses:
Grantor; Council ExecutiveMoby Dick Council, Inc.Boy Scouts of America
39 Grove Street
New Bedford, MA 02740
li
£T*d t7£:II 66, £ das 99£Z-lZl-ll9-l:xej 313030
Grantee: Commonwealth of Massachusetts
Chief of Wildlife Lands
Massachusetts Division of Fisheries and Wildlife100 Cambridge Street, Room 1902Boston, MA 02202
and
office of the Commissioner
Department of Environmental Management100 Cambridge Street, Room 1905Boston, MA 02202
or to such other address or addresses as may from time to time bedesignated by any party by written notice to the others.
IX* Proceeds from Rvrirt^-j^i^ptr an^fint Domain
The Grantor and Grantee agree that the granting of thisRestriction gives rise to a property right, immediately vested inthe Grantee, with a fair market value that is equal to the valueby which the Restriction reduces, at the time of the grant, thevalue of the property as a whole. Such proportionate value of theGrantee's property right at the time of the grant is thirty-sevenand one half percent (37.5%) of the total value of the Premises,and this proportionate value shall remain constant: If any changein conditions ever gives rise to extinguishment or other releaseof the Restriction under applicable law, then the Grantee, on asubsequent sale, exchange or involuntary conversion of thePremises, shall be entitled to a portion of the proceeds equal tosuch proportionate value, subject, however, to any applicable lawwhich expressly provides for a different disposition of proceeds.It **' COnservatiGDa interests protected hereby are unaffected bytfte taking, and the only interest taken by public authority is theGrantor's interest, and recovered proceeds are awarded on thebasis of the value of the Premises as restricted by thisRestriction, then the proceeds from such taking shall be payablein their entirety to Grantor.
Whenever all or any part of the Premises or any interesttherein is taken by public authority under power of eminent domain£2!? •?" -^ fommonwea1^ - or if all or any part of thisRestriction is otherwise extinguished by act of public authority(other than The Commonwealth), then the Grantor and the Granteesnail cooperate in recovering the full value of all direct andconsequential damages resulting from such action. If the publicauthority is The Commonwealth, the Grantor and Grantee shallpursue their remedies separately. All related expenses incurred2L2T <?rantor **? **" Gra*tee Sha11 firsc *• Paid out of anyrecovered proceeds, and the remaining proceeds shall bedistributed between the Grantor and the Grantee in shares equal tosuch proportionate value. The Grantee shall use its share of theSfcThLiL* mamer COnsistent with the conservation purpose set
x. Binding Rfffrjj
«. J?*. burdens of tJals Restriction shall be deemed to run withthe Premises in perpetuity and in gross and shall be binding uponand enforceable against Grantor and all future owners of anyinterest in the Premises. Grantee is authorized to record andrue any notices or instruments appropriate to assuring theperpetual enforceability of this Restriction, and Grantor herebyST?? Grantee as ite attorney-in-fact to execute, acknowledgeand deliver any such instruments on its behalf, without limitingthe foregoing, Grantor agrees to execute any such instruments uponrequest. l
tw, p^* ^fcor agrees to incorporate by reference the terms of2v^ £ iT *? *** de8d °r °ther legal ^trument by which itdivests itself of any interest in all or a portion of thePremises, including without limitation, a leasehold interest.Grantor further agrees to give one hundred eighty (180) dayswT^T^** 1° GrantSe Pri°r t0 ******* into any agreementwith a third party regarding sale or transfer of the Premises orany portion thereof, during which 180 day period the Grantee oreither one of them shall have the right, upon mutually acceptableterms and conditions, to acquire Grantor's fee interest in thePremises. The Grantor shall have the right to sell its interest
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in the Premises to a third party at the expiration of the 180 dayperiod, or upon notice from Grantee of its intention not toacquire the Premises, whichever occurs earlier.
The merger or consolidation of the Grantor with another BoyScout Council or the dissolution of the Grantor and the transferof its property in accord with Article 10 of its Articles ofIncorporation to another Council or to the Boy Scouts of Americashall not be considered a sale, transfer or divestiture of anyinterest in the Premises for the purposes of this Section.
Failure of the Grantor to give notice as provided hereinshall be a violation of this Restriction and of Grantee's rightshereunder, and shall not impair the validity of this Restrictionnor limit its enforceability in any way.
XXI. Costfi anH Liabilities
Grantor retains all responsibilities and shall bear all costsof any kind related to the ownership, operation, upkeep, andmaintenance of the Premises, including the payment of all taxesand assessments levied by competent, authority, and conformancewith all applicable federal, state, and local laws andregulations.
The Grantee hereby assumes responsibility, and agrees to holdGrantor harmless, for any property damage or bodily injury,including death, caused by or due to the negligence of the Granteeor its employees, contractors, agents, representatives orinvitees, but only to the extent Grantee's acts or failure to actcaused or contributed to such damage or injury.
XIII4 Amendm^nt^
.. If circumstances arise under which amendment to ormodification of this Restriction would be appropriate. Grantor andGrantee may by mutual written agreement jointly amend thisRestriction, provided that no amendment may be made that will beinconsistent with the purposes of this Restriction, affect itsperpetual duration, violate the provisions of Article Si of theAmendments to the Massachusetts Constitution, nor adversely affect
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SVd S£:II 66. £ das 99S3-Z^-ZT9-T:xej JTJUa
any of the significant conservation values of the Premises. Anyamendment to this Restriction shall be recorded with the PlymouthRegistry of Deeds in Plymouth, Massachusetts.
XIV. Sevtti-alvi-jjpf
If any section or provision of this Restriction shall be heldto be unenforceable by any court of competent jurisdiction, theRestriction shall be construed as though such section had not beenincluded in it. If any section or provision of the Restrictionshall be susceptible of two constructions, one of which wouldrender such section or provision invalid, then such section orprovision shall be given the construction that would render itvalid. if any section or provision of this instrument isambiguous, it shall be interpreted in accordance with the policiesand provisions expressed in Chapter 184, Sections 31-33, Chapter131, and Chapter 132A of the General Laws.
XV. Miaeel^anf^fl
(1) No Massachusetts deed excise tax stamps are required byChapter 64D, Section 1, as the Commonwealth is a party to thisinstrument.
(2) This Restriction is conveyed subject to matters of recordat the Plymouth County Registry of Deeds.
(3) Meaning and intending to convey a conservationrestriction as provided herein on the land described inCertificate of Title No. 57437, Registration Book 287, Page37, shown on Land Court Plan 14501A, and land described in aninstrument dated May 20, 1970, recorded with said Registry ofDeeds in Book 3592, Page 256.
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91 "d 9£:II 66. £ das 99SZ-lZL-l\9-l'™l 3~l3PUd
IN WITNESS WHEREOF, Moby Dick Council, Inc., Boy Scouts ofAmerica, has caused its corporate seal to be hereunto affixed andthese presents to be signed, acknowledged, and delivered inau^trt^^T^ JObn ^dvid^ its ^resident, hereto dulyauthorized, this XifT- fry of June, 1998.
MOBY DICK COUNCIL, INC.BOY SCOUTS OF AMERICA
COMMONWEALTH OP MASSACHUSETTS
Plymouth County, ss:
M\Oune-ljf, 1998
•**« Ti ^S **£-*** of J™*' 1998 before me personally appearedPrtL£T^U Wh° ^^ * me duly SWOrn <*d "* that he is thenol ^%°£ "* M6by DiCk COUnci1' Inc-' Bov Sc*«ts <* ^erica, a^^!f ^v,COr^°ratl0n ^y established under the laws of theco^onwealth of Massachusetts, that the seal affixed to theforegoing instrument is the corporate seal of said corporation,that said instrument was signed and sealed in behalf of said£5?? J* authoritv of its *°*rd of directors, and said JohnLedwidge acknowledged said instrument to be the free act and deedof said corporation.
A true copy of document ffled inPlymouth District of the Land Court ,on 1110,1998 a! I&30PMas Document No. 430447Attesfc-
<ird 92:XT"""66.T""'SS
Seal:
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313HJQ
ACCEPTANCE OF GRANT
The above Conservation Restriction from Moby J)iek Council,Inc., Boy Scouts of America, is accepted this StKf^ ^v ofJune, 1998
Commonwealth of Massachusetts
Division of Fisheries andWildlife
Jack Buckley, deputy Director
COMMONWEALTH OF MASSACHUSETTS
Suffolk County, ss= June^oTl998
Then personally appeared the above named Jack Buckley, DeputyDirector of the Division of Fisheries and Wildlife within theDepartment of Fisheries, Wildlife and Environmental LawEnforcement, and acknowledged the foregoing instrument to be thefree act and deed of said Division, before me
The above Conservation Restriction from Moby>Dick Counciligta' B°y SC°UtS °f Amercia' is accepted this £S7%7a*Y Cf June,'1998.
Commonwealth of MassachusettsDepartment of EnvironmentalManagement
By:
Peter C.Webber, Commissioner
COMMONWEALTH OF MASSACHUSETTS
Suffolk County, ss: * <-*' June f S t 1998
Then personally appeared the above named Peter c. WebberCommissioner of the Department of Environmental Management, andSfsT^ST* ^ ******* instrument to be the free a^na deelof said Department, before me
' Notary Public
My Commission Empires: /^c^^y ^/frpy
18
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EXHIBIT A
Description of the Premises
Parcel Oner All and the same parcel of land described inLand Court Certificate of Title No. 57437, registered in thename of Moby Dick Council, Inc., Boy Scouts of America, onDecember 3, 1976, containing 760 acres, more or less, being
That certain parcel of land situate in Plymouth andWarehara, in the County of Plymouth and Commonwealth ofMassachusetts, bounded and described as follows:
Northerly
Easterly
Southerly
Southwesterly
Southerly
Easterly
Southerly
Westerly
by land nor or formerly of George R. Briggs,forty-six hundred eighty-two and 20/100(4682.20) feet;
by lands now or formerly of Anna W. Barkerand of Outram Bangs sixty-five hundred fifty-seven and 50/100 (6557.50) feet;
seven hundred ninety-nine and 41/100 (799.41)feet;
three hundred eleven and 40/100 (311.40)feet;
five hundred fifty-two and 50/100 (552.50)feet /
one hundred twenty-nine and 30/100 (129.30)feet by land now or formerly of Ellena B.Besse et al.;
by said Besse et al., land and by land now orformerly of Henry Samuels thirty-one hundredsixty-eight and 40/100 (3168.40) feet;
by land now or formerly of the Commonwealthof Massachusetts seventy-four hundred thirty-seven and 70/100 (7437.70) feet.
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EXHIBIT A - Page 2
All of said boundaries are determined by the Court tobe located as shown on plan #14501A, drawn by George P.Morse, Surveyor, dated October 4, 1930, as modified andapproved by the Court, filed in the Land RegistrationOffice, a copy of a portion of which is filed withCertificate of Title No. 4501,
There is excepted and excluded from the above describedland so much land as lies under the waters of Abner Pond,Little Five Mile Pond, Five Mile Pond and Long Pond, greatponds as shown on said Plan.
Earcel Two: All and the same parcel of land described in adeed dated May 20, 1970, recorded with the Plymouth CountyRegistry of Deeds in Book 3592, Page 256, said land locatedin the Towns of Wareham and Plymouth, in the County ofPlymouth, Commonwealth of Massachusetts, bounded anddescribed as follows:
Beginning at a cement bound on the Town Line between thesaid Towns of Plymouth and Wareham, at the easterly cornerof land now or formerly of Maple Springs Company;
Thence, running South 29° 03' 40" West, One thousand twohundred fifty-two and 68/100 (1252.68) feet by said land ofMaple Springs Company to a stone bound;
Thence, South 69* 21' 40" East, Three hundred ninety-one and29/100 (391.29) feet by land of said Maple Springs Companyto a stake;
Thence, South 56° 21' 30" East, Four hundred thirty-nine and43/100 (439.43) feet by said land of Maple Springs Companythrough a drainage ditch to an iron post at land formerly ofGeorge M. Besse;
Thence, North 50° 11' 50" East, One thousand six hundredseventy-six and 05/100 (1676.05) feet by said land formerlyof George m. Besse to an iron post;
Thence, North 24<> 21' 30- West, One hundred sixty-seven and02/100 (167.02) feet to an iron post in said Town Line;
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EXHIBIT ft - Page 3
Thence, North 40* 32' 20" West, Three hundred eleven and40/100 (311.40) feet through a reservoir to an iron post;
Thence, North 86« 25' 30" West, Five hundred fifty-three and08/100 (533.08) feet by land formerly of Albert S. Hathawayto an iron post;
Thence, South 15° 07' 40" West, One hundred twenty-nine and30/100 (129.30) feet by said land of Hathaway to an ironpost in said Town Line; and
Thence, North 79° 16' 20" West, Five hundred sixty-four andno/100 (564.00) feet along said Town Line and by said landformerly of Albert S. Hathaway to the point of beginning.
Containing 39.25 acres, more or less, and shown on a plan ofland entitled "Plan of Land Situated in Plymouth & Wareham,Surveyed for Edwin o. Heleen, December 16, 1943, Walter E.'Rowley, Sur.", recorded with the Plymouth County Registry ofDeeds in Plan Book 6, Page 644.
