argilla road conservation land donation

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Ipswich Conservation Office

MEMORANDUM

February 19, 2016

To: Board of Selectmen

From: Alicia Geilen, Agent

RE: Acceptance of Conservation Restriction208 Argilla Road (Map 44, lot 10)

At their February 3, 2016 meeting, the Ipswich Conservation Commission voted unanimouthe Trustees of Reservations (TTOR) accepting a Conservation Restriction (CR) for 208 Arand recommended approval of the Board of Selectmen for same. This 15.3 acre property is and Karen OHanley, who are donating the CR to TTOR. The property is located primarily

Great Marsh Area of Critical Environmental Concern (ACEC) and abuts TTORs Crane Rethe west. Substantial public benefits from the permanent protection of this land includes: scenjoyment and outdoor recreation by the general public, protection of wildlife habitat, and cthe integrity of an historic property (Crane Estate, and Great Marsh ACEC).

Prohibited uses of the property are listed on pages 2 and 3 of the CR (attached); reserved rigon pages 3 and 4. All monitoring of the CR to ensure compliance will be performed by TTO

M.G.L. 18 Section 32, the Board of Selectmen must vote to approve the acceptance of the C

page 14 of the CR, before the document goes on to the state or their approval.

If needed, I can attend the Selectmens meeting on Monday, February 22, 2016 to answer q


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Grantor: Ronald P. and Karen E. OHanleyGrantee: The Trustees of ReservationsAddress of Premises: 208 Argilla Road, IpswichFor title see: Essex South District Registry of Deeds Book 14106, Page 307.

CONSERVATION RESTRICTIONto

The Trustees of Reservations

OHanley CR, Ipswich

RONALD P. and KAREN E. OHANLEY, with an address of 208 Argilla Road, Ipswthe owners of the granted premises and intending hereby to bind themselves and t

successors and assigns, who are collectively referred to herein as Grantor, actingSections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, herebyquitclaim covenants and as a gift, for nominal consideration, to The Trustees of ReMassachusetts charitable corporation established under Chapter 352 of the Acts oqualified to hold Conservation Restrictions in accordance with Chapter 184 of theMassachusetts General Laws, and having an address at 572 Essex Street, Beverly, M01915, its successors and permitted assigns ("Grantee"), in perpetuity and exclusivconservation purposes, the following described Conservation Restriction (hereinaf

Conservation Restriction or the Restriction) on a 15.3 acre portion of a 17.01parcel of land shown as Restricted on a plan entitled Conservation Restriction in Ipswich, MA, property of Ronald P. & Karen E. OHanley, dated May 27, 2015, bSurvey, Inc., and recorded herewith, located in the Town of Ipswich, Massachusettthe Premises). A reduced copy of said plan is attached hereto as Exhibit A.

For Grantors title to the Premises, see Essex County South District Reg

Deeds Book 14106, Page 307.

Purpose. This Conservation Restriction (Restriction) is defined in and authorize31-33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. Itto assure that the Premises will be retained in perpetuity predominantly in their naand open condition and to prevent any use of the Premises that will materially imp


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(NHESP) as BioMap 2 Core Habitat for Species of Conservation Concern, and as Athe Premises are identified by NHESP as BioMap2 Critical Natural Landscape as a L

Block, for Coastal Adaptation for sea level rise, and as Upland Buffer for Aquatic CPremises are identified by NHESP as Priority Habitat and Estimated Habitat; the Prpart of the duly-designated Great Marsh Area of Critical Environmental Concern. and descriptions of these resources are attached hereto as Exhibit B.

The protection of the Premises will preserve open space and enhance the scenof the general public as that phrase is used in P.L. 96-541, 26 USC 170(h)(4)(A)(iiiamended, and in regulations promulgated thereunder; specifically, the Premises are

over 700 linear feet of frontage on Argilla Road, a duly-designated scenic road purM.G.L. Ch., 40, Sect. 15c; and the Premises are identified as a Distinctive/NoteworLandscape by the Commonwealth of Massachusetts;

The protection of the Premises is also in furtherance of a clearly delineated Federlocal governmental conservation policy, as that phrase is used in P.L. 96-541, 26 U170(h)(4)(A)(iii)(II), in that the Open Space and Recreation Plan for the Town of Ipswi2020 cites as Goal 1 Acquire and Protect Significant Land for Open space and ReObjective 1-1 Acquire and protect land for open space and recreation; Goal 2: PreHistoric, Agricultural, and Scenic Character of the Town, Objective 2-2 Promote anatural, historic, and scenic features in Ipswich; and Goal 3: Protect and Manage CNatural Resources, Objective 3-2 Permanently protect salt marshes, and ObjectiveContinue and enhance protection of wildlife habitats and riverways..

The protection of the Premises will also expand and buffer an extensive conservat

centered on the Great Marsh and Plum Island Sound consisting of land owned or pa federal agency (United States Fish & Wildlife Service); the Commonwealth of Ma(Division of Fisheries & Wildlife and Department of Conservation and Recreation)municipalities (Town of Rowley and Town of Ipswich), and non-governmental agenTrustees of Reservations and the Essex County Greenbelt Association).

The conservation values of the Premises and the public benefits of this Restriction are described in more detail in a Baseline Documentation Report

kept on file at the office of Grantee, with a copy provided to the Grantor, and herein by this reference. Grantor and Grantee hereby acknowledge that this Rean accurate representation of the condition and the values of the Premises at thgranting of this Conservation Restriction and is intended to serve as an objectivbaseline for subsequent monitoring of compliance with the terms of this Restriction as described herein. Notwithstanding the BDR, the parties may uti


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(1) Constructing, placing or allowing to remain any temporary or perm

building, tennis court, landing strip, mobile home, swimming pool, asphalt opavement, sign, fence, billboard or other advertising display, antenna, utilityconduit, line or other temporary or permanent structure or facility on, abothe Premises;

(2) Mining, excavating, dredging or removing from the Premises of soil, gravel, sand, rock or other mineral resource or natural deposit; alteration onatural topography of the Premises; withdrawal of surface or ground water

Premises.

(3) Placing, filling, storing, burying or dumping of soil, refuse, trash, vehiparts, rubbish, debris, junk, waste or other substance or material whatsoevinstallation of underground storage tanks;

(4) Cutting, removing or otherwise destroying trees, grasses or other v

(5)

Activities detrimental to drainage, flood control, water conservationquality, erosion control, soil conservation, or archaeological conservation;

(6) The use, temporary or permanent parking, or storage of motorcycltrail bikes, snowmobiles and all other motor vehicles, except as necessary ffirefighters or other governmental agents to carry out their lawful duties;

(7)

Conveyance of a part or portion of the Premises alone, or division oof the Premises;;

(8) The use of the Premises for:a) Transfer of development rights to any property, whether or not adjPremises;b) Use in any calculations involving development of this or any other pwhether or not adjacent to the Premises, in any manner whatsoever;

(9) Any other use of the Premises or activity that is inconsistent with ththis Restriction or that would materially impair its conservation interests, uor activity is necessary in an emergency for the preservation of the Premiseotherwise in an emergency and is temporary in duration.


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1. Recreational Activities. Fishing, clamming, hunting, boating, hiking, hriding, snowshoeing, cross-country skiing and other non-motorized

recreational activities that do not materially alter the landscape, degenvironmental quality, or involve more than de minimisuse for commrecreational activities.

2. Forestry. In accordance with generally accepted forest managemen(a) selective pruning and cutting to prevent, control or remove hazaor insect damage, fire, or to preserve the present condition of the Pincluding vistas, wood roads and trails; (b) harvesting trees to provid

for use by the Grantor at the abutting single-family residence; and (cnotice to Grantee, the cutting of trees for any purpose, including wilimitation commercial timber production, in accordance with a plan,a professional forester licensed pursuant to M.G.L. C. 132, Sectionsinclusive, and approved by the Grantee, that is designed to protect tconservation values of the Premises, including without limitation, scwildlife habitat values and water quality.

3.

Agricultural Uses. Agricultural, horticultural and animal husbandry ocarried on in accordance with sound agricultural management pract(including without limitation the cultivation of existing fields, the mograzing of existing meadows and the installation of sight pervious, nofences) designed to protect the conservation values of the Premiseswithout limitation, wildlife habitat values and water quality.

4.

Composting & Burning. The stockpiling, burning, and composting oand brush limbs and similar biodegradable materials originating on tin locations where the presence of such activities will not have a deimpact on the purposes or conservation values of this Restriction.

5. Equestrian Uses. The construction, use, maintenance, repair, relocareplacement of sight pervious, non-chain link fences, jumps and othestructures for use in raising, boarding, exercising and training horses

6. Wildlife Habitat Improvement. With the prior written permission omeasures designed to restore native biotic communities, or to mainor restore wildlife, wildlife habitat, or rare or endangered species.

7. Archaeological Investigations. The conduct of archaeological activit


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property, the Grantee's interest in the property, and the protected values.

9. Septic System. With the prior written approval of the Grantee, whshall not be unreasonably withheld, the installation, maintenance, rereplacement of a septic system to serve the existing or a replacemelocated on Grantors adjacent un-restricted land. Said approval shagranted upon a showing that no practical alternative site exists on Gadjacent un-restricted land, and provided that the Premises and the residence are in common ownership.

10.Subdivision. Conveyance of a part or portion of the Premises, or dsubdivision of the Premises, for conservation purposes, shall be perthe written consent of the Grantee; conveyance of the Premises in shall be permitted, provided that any such conveyance is subject to, consistent with, the terms of this Conservation Restriction

The exercise of any right reserved by Grantor under this paragraph B shall be in cowith the then-current Zoning By-Law of the Town of Ipswich, the Wetlands Prote(Massachusetts General Laws Chapter 131, Section 40) and all other applicable fedand local law. The inclusion of any reserved right in this paragraph B requiring a p

public agency does not imply that the Grantee or the Commonwealth takes any powhether such permit should be issued.

C. Notice and Approval. Whenever notice to or approval by Granteeunder the provisions of paragraphs A or B, Grantor shall notify Grantee in writing,the Grantee at the address provided herein, by Certified Mail, return receipt requless than sixty (60) days prior to the Grantors commencement of the activity in q

notice shall describe the nature, scope, design, location, timetable and any other mof the proposed activity in sufficient detail to permit Grantee to make an informedto its consistency with the purposes or conservation values of this Restriction. WGrantee's approval is required, Grantee shall grant or withhold its approval in writsixty (60) days of receipt of Grantor's written request therefor, provided that the request complies in every respect with the requirements of this paragraph. Grant


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D. Extinguishment.

1.

Grantees Receipt of Property Right. The Grantor(s) and thhereby acknowledge that the donation of this Conservation Restrictto a real property right, immediately vested in the Grantee, with a fvalue that is equal at least to the proportionate value that this ConsRestriction, determined at the time of the gift pursuant to Section 1Internal Revenue Codebears to the value of the unrestricted Premistime. The parties shall include the ratio of those values with the BaDocumentation of the Premises acknowledged by the parties and o

offices of the Grantee.

2. Value of Grantees Property Right. Such proportionate valuGrantees property right shall remain constant.

3. Right of Grantee to Recover Proportional Value at Dispositicircumstances arise in the future that render the purpose of this Reimpossible to accomplish, and that therefore necessitate the extingu

this Restriction pursuant to the provisions of Treas. Reg. Section 1.14(g)(6), then this Restriction can be terminated, released or extingwhether in whole or in part, only by proceedings consistent with Mincluding review and approval by the Secretary of Energy and EnviroAffairs, and by judicial proceedings in a court of competent jurisdictotherwise required by applicable law at the time, upon the subsequexchange or involuntary conversion of the Premises after such term

extinguishment, after deducting the value of improvements made byafter the effective date of this Restriction, Grantee shall receive theinterest to which it is entitled pursuant to this paragraph and paragrD.2, above, from the remaining proceeds of such sale, exchange or conversion, and after complying with the terms of any gift, grant or requirements. The owner in whose name the Premises are titled asuch post-termination sale, exchange of involuntary conversion shalresponsibility for the satisfaction of any claims or liens against the Pr

such time.

Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any partPremises or any interest therein is taken by public authority under power of eminor other act of public authority, then the Grantor and Grantee shall cooperate in rthe full value of all direct and consequential damages resulting from such action. A


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shall use its share of the proceeds in a manner consistent with the cpurposes of this grant.

5. In the event of extinguishment or taking by public authority, provisions of this Paragraph D shall survive such extinguishment or

E. Access. The Restriction hereby conveyed does not grant to Grantepublic generally, or to any other person any right to enter upon the Premises exceGrantor hereby grants to the Grantee and its representatives the right to enter th(a) with reasonable notice, at reasonable times and in a reasonable manner for the

regular monitoring and inspecting the same to determine compliance herewith, incright to access the Premises over roads and rights of way owned by the Grantor aof way or other access ways now or hereafter available to Grantor for access to tand (b) after 30 days prior written notice, to take any and all actions with respect Premises as may be necessary or appropriate, with or without order of court, to ror otherwise enforce any violation hereof.

F. Grantees Right to Post Identifying Signage. The Grantee shall have

post signs on the boundaries of the Premises, identifying the Grantee and its interePremises, and informing the public of the nature and public benefit of the conservaPremises.

G. Legal Remedies of Grantee. The rights hereby granted shall includeenforce this Restriction by appropriate legal proceedings and to obtain injunctive aequitable relief against any violations, including without limitation relief requiring re

the Premises to their condition prior to such violation (it being hereby acknowledgGrantee will have no adequate remedy at law). The rights hereby granted shall beto, and not in limitation of, any other rights and remedies available to Grantee. Alcosts incurred by Grantee in enforcing the terms of this Conservation Restriction Grantor, including without limitation costs and expenses of suit and reasonable attand any costs of restoration necessitated by Grantors violation of the terms of thiConservation Restriction, shall be borne by Grantor; provided, however,that if Granfound to have violated the Restriction, each party shall bear its own costs. By its a

this Conservation Restriction, Grantee does not undertake any liability or obligatiothe condition of the Premises not caused by Grantee or its agents, including with rcompliance with hazardous materials or other environmental laws and regulations.election by the Grantee as to the nature and timing of its actions pursuant to its rigenforce this Conservation Restriction or otherwise exercise its rights hereunder sdeemed or construed to be a waiver of such rights.


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pay damages resulting from personal injury or property damage that occurs on theother than as the direct result of actions by Grantee or its agents, the Grantor sha

and reimburse the Grantee for these payments, as well as for reasonable attorneysother expenses of defending itself.

I. Acts Beyond Grantor's Control. Nothing contained in this Restriconstrued to entitle Grantee to bring any action against Grantor for any injury tothe Premises resulting from causes beyond the Grantor's control, including, but nfire, flood, storm and earth movement, or from any prudent action taken by Gemergency conditions to prevent, abate, or mitigate significant injury to the Prem

from such causes. In the event of damage to the Premises from acts or eventGrantors control, if it is determined to be desirable that the Premises be restorewill cooperate in attempting to restore the Premises if feasible Nothing herconstrued to preclude or limit Grantors and/or Grantees rights to recover damthird party for trespass or other violation of their respective rights in this Restriction and in the Premises. Each party hereby acknowledges the otherpursue such damages, and each party is obligated hereby to cooperate with the oto recover such damages.

J. Duration and Assignability. The burdens of this Restriction shall Premises and shall be enforceable against Grantor in perpetuity. Grantee is record or file any notices or instruments appropriate to assuring the perpetual enthis Restriction. The Grantor appoints the Grantee its attorney-in-fact acknowledge and deliver any such instruments on its behalf. Without limiting the Grantor agrees itself to execute any such instruments upon request. The be

Restriction shall inure to the Grantee, shall be in gross, and shall not be assignablexcept in the following instances from time to time: (i) as a condition of anGrantee requires that the purpose of this Restriction continue to be carriedassignee, at the time of assignment, qualifies under Section 170(h) of the Internal Rof 1986, as amended, and applicable regulations thereunder, and under Section 3184 of the Massachusetts General Laws, as an eligible donee to receive this Restriand (iii) Grantee complies with the provisions required by Article 97 of the AmendConstitution of the Commonwealth of Massachusetts, if applicable.

K. Subsequent Transfers. The Grantor shall incorporate by reference this Conservation Restriction in any deed or other legal instrument by which he diof any interest in all or a portion of the Premises, including a leasehold interest, anthe Grantee within 20 days of such transferand provide a true, complete and corrany such transfer instrument.. Failure to do so shall not impair the validity or enfo


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any interest in the Premises terminate upon transfer of that party's interest, excepfor acts or omissions occurring prior to transfer, liabilities arising under Paragraphs

(above), and liability for the transfer itself if the transfer is in violation of this Restrsurvive the transfer. Any new owner shall cooperate in the restoration of the Preremoval of violations caused by prior owner(s) and may be held responsible for anviolations.

M. Estoppel Certificates. Upon request by Grantor, Grantee shall with(45) days execute and deliver to Grantor any document, including an estoppel certcertifies the status of Grantor's compliance with any obligation of Grantor contain

Restriction, or that otherwise evidences the status of this Restriction, as may reasorequested by Grantor.

N. Amendment. If circumstances arise under which an amendment to modification of this Conservation Restriction would be appropriate, Grantor and G

jointly amend this Conservation Restriction; provided that no amendment shall bewill affect the qualification of this Conservation Restriction or the status of Granteapplicable laws, including Section 170(h) of the Internal Revenue Code of 1986 as a

Sections 31-33 of Chapter 184 of the General Laws of Massachusetts. Any amendmoccur only in exceptional circumstances, and the purposes of the amendment maynot be limited to, the clarification of an ambiguity, the strengthening of the Restrictresolution of a bona fide boundary dispute, or the correction of a drafting or scriveAny amendment shall be consistent with the purposes of this Conservation Restricnot affect its perpetual duration, shall be approved by the Secretary of Energy andEnvironmental Affairs or as required by applicable statutes in effect at the time of t

amendment and, if applicable, shall comply with the provisions of Article 97 of theMassachusetts Constitution. Any such amendment shall be recorded in the Essex South District Registry of Deeds.

O. Effective Date. This Conservation Restriction shall be effective wheGrantor and the Grantee have executed it, the administrative Approvals required of Chapter 184 of the General Laws have been obtained, and it has been recordedmanner in the Essex County South District Registry of Deeds.

P. Notices. Any notice, request, consent, approval, or communicationparty desires or is required to give to the other shall be in writing and either serveor sent by first class mail, postage pre-paid, addressed to the party to be notified alast known to the notifying party.


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(2) Liberal Construction. Any general rule of construction to thnotwithstanding, this Restriction shall be liberally construed in

grant to effect the purpose of this Restriction and the policy aof Mass. Gen. Laws Chapter 184, Sections 31-33. If any provinstrument is found to be ambiguous, an interpretation consispurpose of this Restriction that would render the provision vfavored over any interpretation that would render it invalid.

(3) Severability. If any provision of this Restriction shall to any exinvalid, the remainder shall not be affected.

(4) Entire Agreement. This instrument sets forth each and everyobligation of the parties with respect to the Restriction and sprior discussions, negotiations, understandings, or agreementthe Restriction, all of which are merged herein.

(5) Joint Obligation. The obligations imposed by this Restriction parties that together comprise "Grantor" shall be joint and se

(6) Captions. The captions in this instrument have been insertedconvenience of reference. They are not a part of this instrumhave no effect upon construction or interpretation.

(7) Pre-existing rights of the Public. Approval of this Restriction M.G.L Chapter 184, Section 32 by any municipal officials and bSecretary of Energy and Environmental Affairs is not to be corepresenting the existence or non-existence of any pre-existthe public, if any, in and to the Premises. Any such pre-existinthe public, if any, are not affected by the granting of this Restr

(8) No Merger. The parties intend that any future acquisition ofshall not result in a merger of the Conservation Restriction inThe Grantor will not grant, and the Grantee will not take, tit

of the premises without having first assigned this ConservatioRestriction, in accordance with Paragraph J, above , to ensuredoes not occur and that this Restriction continues to be enfonon-fee owner.

(9) Counterparts. This Restriction may be executed in counterp


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Grantor and Grantee have prepared an inventory of the relevand conditions of the Premises (the Baseline Documentation

and acknowledge that the same is an accurate representationcondition of the Premises as of the date of the execution of tConservation Restriction. Verified originals of the BaselineDocumentation Report will be deposited with the Grantor anpermanent records of the Grantee. If the originals of said BaDocumentation Report are subsequently destroyed by casualcircumstance, other evidence may be offered by the parties tthe condition of the property as of the date of this Restrictio

(11) Subordination. Grantor represents, and Grantee relies on Grepresentation, that as of the date of this grant there are no lmortgages outstanding against the Premises. Any such interewould disqualify this conveyance for treatment as a qualified ccontribution in accordance with Section 170(h) of the InternaCode of 1986, as amended, and applicable regulations thereusubordinated to this Conservation Restriction by subordinati

documents recorded herewith. Grantor has the right to useas collateral to secure the repayment of debt, provided that tthe Grantee to enforce the terms, restrictions and covenantsunder this Conservation Restriction, and the Grantees right proportional share of the value of the Premises pursuant to Phereof, shall not be extinguished by foreclosure of any mortgpublicly or privately placed lien recorded subsequently to thedate hereof. The terms of this Conservation Restriction, andright to enforce them, shall be superior to any mortgage or lirecorded.

(12) Homestead. By our signatures hereto, Grantors subordinateany M.G.L. Chapter 188 homestead rights add benefits we mato the Premises, and we swear under pains and penalties of pthere is no one else entitled to Chapter 188 homestead right

that has not subordinated and waived them by affixing their shereto.

(13) Attached hereto and incorporated herein are the following siGrantors: Ronald P. and Karen E. OHanleyGrantee: Barbara Erickson, President & CEO


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No documentary stamps are required, as this Restriction is a gift.

Executed under seal this _________ day of ________________, 20__.

_______________________

_______________________

COMMONWEALTH OF MASSACHUSETTS

_______________, ss. ____________________, 20

On this ____ day of _____________, 200_, before me, the undersigned notary ppersonally appeared ____________________, proved to me through satisfactoof identification, which was ____________________________, to be the perso

names are signed on the preceding or attached document, and acknowledged to msigned it voluntarily for its stated purpose

_______________________Notary PublicMy commission expires:


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ACCEPTANCE OF GRANT

The above Conservation Restriction from Ronald P. and Karen E. OHanley is acce_______ day of _______________, 20__.

THE TRUSTEES OF RESERVAT

By _____________________

Its_____________________


_______________, ss. ____________________, 20

On this ____ day of _____________, 200_, before me, the undersigned notary p

personally appeared ____________________, proved to me through satisfactoof identification, which was ____________________________, to be the personames are signed on the preceding or attached document, and acknowledged to msigned it voluntarily for its stated purpose, and that they are authorized to do so othe Corporation..



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APPROVAL OF SELECTMEN

We, the undersigned, being a majority of the Selectmen of the Town of Ipswich, Mhereby certify that at a public meeting duly held on _______________________Selectmen voted to approve the foregoing Conservation Restriction from Ronald E. OHanley to The Trustees of Reservations pursuant to M.G.L. Chapter 184, Sec

Selectmen

_______________________

_______________________

_______________________

_______________________

_______________________


_______________, ss. ____________________, 20

On this ____ day of _____________, 200_, before me, the undersigned notary ppersonally appeared ________________________, _____________________

________________________, _____________________ , and____________________, proved to me through satisfactory evidence of identifwas ____________________________, to be the persons whose names are sigpreceding or attached document, and acknowledged to me that they signed it volu

stated purpose.



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APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFCOMMONWEALTH OF MASSACHUSETTS

The undersigned, Secretary of the Executive Office of Energy and Environmental ACommonwealth of Massachusetts, hereby certifies that the foregoing Conservationto The Trustees of Reservations has been approved in the public interest pursuantChapter 184, Section 32.

Date: ____________________, 20__

____________________________________Secretary of Energy and Environmental Affairs


_______________, ss. ____________________, 20

On this ____ day of _____________, 200_, before me, the undersigned notary ppersonally appeared ____________________, proved to me through satisfactoof identification, which was ____________________________, to be the personames are signed on the preceding or attached document, and acknowledged to msigned it voluntarily for its stated purpose.



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Exhibit ASketch Plan


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argilla road conservation land donation

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