Municipal Lien Certificate - Little Compton, RI

Transcription

1 Municipal Lien Certificate - Little Compton, RI Per RIGL (a);, valid for recording through: 10/08/2016 te of certificate: 08/09/2016. enalty as of: 08/09/2016 Parcel: 031/0052-2C33 Location: l OO MAPLE AVENUE Tax Payer BALME, ROBERT W/ LIFE ESTATE & FLETCHER, MELANIE & MCKENNEY, PC BO 402 CHEPACHETRI JULIE Place Recording stamp here Receivable Account # Type Detail Original Bill Amount Due Penalty Due Total Due 2016 RP Tng Tax Roll Real 031/0052-2C33 at 100 MAPLE AV 3, , , Total: 3, **LITTLE COMPTON AGRICULTURAL CONSERVANCY TRUST** NOTE: A N Y SALE OF PROPERTY IS SUBJECT TO A TRANSFER T A IMPOSED FOR THE LITTLE COMPTON AGRICULTURAL CONSERVANCY TRUST. SAID T A M U S T BE PAID PRIOR TO THE RECORDATION OF A DEED OF CONVEYANCE. ***CODE "IV F A R M, FOREST A N D OPEN SPACE - SUBJECT TO GUIDELINES OF SAID PROGRAM.IF LOT IS IN PROGRAM IT W I L L BE D U L Y NOTED. ; is to certify that the above is true and correct. Said certification is given in accordance with of the general laws of Rhode Island, Filed in the Town Clerk's Office Little CoBPtonj RI on Aug lli :41P ^ yitness Town Clerk

2 K N O W ALL M L N BY THLSL PRLSLNTS, that: RESTRICTIVE COVENANT = Pas Melanie Eletcher and Julie McKenney, who are Rhode Island residents as evidenced by affidavits (collectively, the "Grantor"), the owner of realty consisting of that certain twenty-five and six-tenths (25.6) acres located at 100 Maple Avenue, Little Compton, RI, depicted as Lot 4 Town of Little Compton Zoning Board of Review Lxhibit Plan prepared for Maciei's Tree Larm, attached hereto as Exhibit A, a portion of the same realty designated Plat 31, Lot 52-2 (the "Property"), for Live Hundred Sixty Thousand Dollars ($560,000.00), the receipt of which is acknowledged hereby, grants to Little Compton Agricultural Conservancy Trust, a Rhode Island not-for profit corporation, whose mailing address is Town Hall, P.O. Box 226, Little Compton, RI, its successors, assigns and licensees (the "Grantee"), A restrictive covenant as^follows: The Property nor any part thereof shall at any time be developed or used for any industrial use, and shall be used only for open space and agriculture, so that there shall not be constructed or maintained on the Property any structures or other improvements with the exception of those currently existing as of the date of this Restrictive Covenant. The foregoing Restrictive Covenant touches, concerns and runs with the land, and is intended to be binding upon and inure to the benefit of Grantee and its successors and assigns. 1. Rights of Grantee. To accomplish the purpose of this Conservation Easement, the following rights are conveyed to Grantee by this Conservation Easement: a. To preserve and protect the conservation values of the Premises. b. To enter upon the Premises, which is expected to be once or twice per year, at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement in accordance with section 5; provided that, except in cases where Grantee determines that immediate entry is required to prevent, terminate, or mitigate a violation of this Easement, such entry shall be upon prior reasonably notice to Grantor, and Grantee shall not in any case unreasonably interfere with Grantor's use and quiet enjoyment of the Property. c. To prevent any activity or use of the Premises that is inconsistent with the purpose of this Conservation Easement. d. To require restoration of such areas or features of the Premises that may be damaged by any inconsistent activity or use, pursuant to section 5 hereof. 2. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited:

3 29S a. The subdivision of the Premises in any manner, unless such division is required in order to utilize Grantor's rights to conveyance as allowed under "Reserved Rights", section 3.b. b. The placement or construction of any buildings, structures, or other improvements of any kind including without limitation, commercial camping accommodations, mobile homes, signs, billboards or other advertising material, tennis courts, swimming pools, parking lots, utility poles, towers, conduits, or lines or other structures>other than the stone boundary walls currently on the Premises. c. Any major or commercial oriented ditching, draining, diking, filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, minerals or other materials, or any building of roads or change in the topography of the land in any manner unless for agricultural purposes, or land maintenance, and consistent with the goals of this Conservation Easement. d. The dumping or storing of ashes, trash, garbage, wastes, refuse, debris, or other unsightly or offensive material, nor shall any activities be conducted directly on the Premises which could cause erosion or siltation on the premises. e. The operation of snowmobiles, dune buggies and off road motorcycles is prohibited as well as the storage of any vehicle or farm implement outside of a bam or shed. f. Any activity, including damming, which results in the flooding or creation of new ponds on agriculture land. Par Reserved Rights. Grantor reserves for himself, his heirs, executors, administrators, and assigns, the following reserved rights, provided, however, that the exercise of such rights will not interfere with or have an adverse impact on, the essential natural, open and scenic quality of the Premises: a. To use the premises for all purposes not inconsistent with this Conservation Easement. b. To sell, give or otherwise convey the Premises or any interest in the Premises, provided such conveyance is subject to the terms of this Conservation Easement. c. To engage in any agricultural uses permitted under the Zoning Ordinance of the Town of Little Compton including, but not limited to, the ability to cut firewood, to cut trees to create pastures for grazing, to remove brush, to build and maintain stone walls and gates or other fencing and to plant orchards, vineyards and soil crops. d. To build traditional wood, shingle and stone structures including, but not limited to, cow and horse bams, beehives and chicken coops, and fences for agricultural purposes, or gravel roads for agricultural purposes so long as the such gravel farm road does not negatively impact the conservation values of the property. To site wells and underground utilities as needed

4 Bk = 2S^S Pa = 317 e. To store vehicles not limited to farm tractors, mowers, implements, pick up trucks or other such machines on the condition that said storage shall only be inside a bam or shed. f. To construct a raft/dock for swimming and other activities in the large pond. 4. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened. Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation. If Grantor fails to cure the violation within thirty (30) days after notice thereof from Grantee, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, or environmental prior to an such injury. Without limiting Grantor's liability therefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Premises. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or miti^te significant damage to the conservation values of the Premises, Grantee may pursue its remedies under this paragraph without waiting for the thirty (30) day period provided for cure to expire. Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the tennis of this Conservation Easement, and Grantor agrees that if Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate, that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may he entitled, including costs, reasonable attorney's fees, and specific performance of the terms of this Conservation Easement, without the necessity of proving the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond the Grantor's control, including, without limitation, fire, flood, storm, or earth movement. If Grantee brings any action against Grantor and a Court of competent jurisdiction determines that Grantor has complied with the terms of this Conservation Easement, then Grantee shall reimburse Grantor for any reasonable attorneys' fees and costs incurred. 4.1, Grantee's Discretion. Enforcement of the terms of this Conservation Easement shall be at the sole discretion of Grantee, and any forbearance or delay by Grantee to exercise its rights under this Conserition Easement, in the event of any breach of any term of this Conservation Easement, shall not be deemed or construed to be a waiver by Grantee of such terms or of any subsequent breach of the same or any other term of this Conservation Easement or any of Grantee's rights under this Conservation Easement Waiver of Certain Defenses. Grantor hereby waives any defense of lathes, estoppel, or prescription. 5. Access. No right of access by the general public to any portion of the Property is conveyed by this Easement

5 Bk 5 EECUTED as an instrument under seal this 11th day of August, S»S Pa - 31 GRANTOR: Melanie Fletcher STATE OF RHODE IStViND COUNTY OF NEWPORT On this 11th day of August, 2016, before me, the undersigned notary public, personally appeared Melanie Fletcher, known by me to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public My Commission Expires:, KBBirttWEsr NQfWWPUBUCDflSM SOVE OF RHODE ISLAND GRANTOR:, ' STATE OF RHODE ISLAND COUNTY OF NEWPORT On this 11th day of August, 2016, before me, the undersigned notary public, personally appeared Julie McKenney, known by me to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose. Li Notary Public My Commission Expires: ^ ALBERT a WEST NOIARY PUBLIC D U S S M SWE OF RHODE ISLAND OOMMictsioN pypires MMOfS,

6 319 \ GRANTEE: Little Compton Agricultural Couservaucy Trust By: Name: William Richmond Its: Vice Chairman STATE OF RHODE ISLAND COUNTY OF NEWPORT On this 11th day of August, 2016, before me, the undersigned notary public, personally appeared William Richmond, the Vice Chairman of the Little Compton Agricultural Conservancy Trust, known by me to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose on behalf of the Little Compton Agricultural Conservancy Trust. Notary Public My Commission Expires:, ALBERT R WEST WTnvnrpuBLCiDiisaBB SWE OF RHODE ISLAND MY rommirfilon PyPIRFR 6.?9.201 j T.A MM TA $: 2J DATE: Au3 ll»20ta RECORDER: 5<2=rc TOWN OF LITTLE COtlF'TON 2338 RHODE ISLAND REAL ESTATE CONVEYANCE TA

7 Bk = 29S Ps A Conservation Easement over a portion of a parcel of land located on the easterly side of Maple Avenue in the Town of Little Compton, State of REode Island. Said parcel of land being designated as Tax Assessor's Plat 31 Lot 52-2 and being shown on the plan titled, "Minor Subdivision Plan prepared for The Estate of John S. Maciel, Plat 31 Lot 52 Maple Avenue, Little Compton, Rhode Island" date: October 25, 2007 (Rev. #1: 2/4/08) by Able Engineering Inc. and being recorded with the Little Compton Land Evidence Records in Plan Book 16 at Page 37. Said Conservation Easement being bounded and described as follows: Beginning at a drill hole found in the intersection of two stone walls, said point being the northeasterly corner of Lot 52-2 and being the northeasterly comer of said Conservation Easement, Thence running S 06 38'52" E along the centerline of a stone wall a distance of ' to a drill hole found in an intersection of said stone wall, Thence running S 05 53'56" E along the centerline of said stone wall a distance of ' to an angle point in said stone wall. Thence running S 06^0' 14" E along the centerline of said stone wall a distance of ' to a drill hole found in an intersection of said stone wall, said point being the southeasterly comer of Lot 52-2 and being the southeasterly comer of said Conservation Easement, Thence running S 71 03'33" W along the centerline of said stone wall a distance of ' to a drill hole found in said stone wall. Thence running S 79 12'37" W along the centerline of said stone wall a distance of to a drill hole found in said stone wall. Thence mnning S 83 45'06" W along the centerline of said stone wall and crossing Sisson Brook a distance of ' to a drill hole found in an intersection of said stone wall, Thence running S 83 26'34" W along the centerline of said stone wall a distance of ' to a drill hole found in an intersection of said stone wall. Thence running S 86 40'57" W along the centerline of said stone wall a distance of 50.21' to a drill holejund in an intersection of said stone wall. Thence running S 83 55'57" W along the centerline of said stone wall a distance of ' to a point in an intersection of said stone wall,

8 Bk s 29S Ps Thence running N '33" W along the centerline of said stone wall a distance of ' to a point. Thence running S 84 03'0r' W a distance of " to a point in the easterly line of Maple Avenue, Thence running N 05 23'42" W along the easterly line of Maple Avenue a distance of ' to a point, Thence running N 14 49'45" W along the easterly line of Maple Avenue a distance of 59.56' to a point. Thence running N 84 29'09" E a distance of ' to a point in a stone wall, Thence running N '40" W along the centerline of said stone wall a distance of ' to a point in an intersection of said stone wall, Thence running S 81 43'49" W along the centerline of said stone wall a distance of 34.34' to a point, Thence running N 10 17'41" W across a laneway and then along the centerline of a stone wall a distance of ' to a point, Thence running S 84 26'00" W a distance of ' to a point in the easterly line of Maple Avenue, Thence running N 07 41' 14" W along the easterly line of Maple Avenue a distance of ' to a point, Thence running N 84 14'28" E a distance of " to a point. Thence running N 0^47'49" W a distance of ' to a point in a stone wall, Thence running N 83 58'4r" E along the centerline of said stone wall a distance of 85.12" to a drill hole found in the end of said stone wall, Thence running N 84 19"02" E crossing a pond and partly along the centerline of a stone wall a distance of " to a drill hole found in said stone wall. Thence running N 83 58"55" E along the centerline of a stone wall a distance of ' to a drill hole found in said stone wall. Thence running N 84 09"37" E along the centerline of a stone wall a distance of ' to the point of beginning.

9 Bk 5 29S Ps = 322 Said Conservation Easement containing an area of acres, more or less. Said Conservation Easement also being designated as Lot 52-6 as shown on the plan titled, "Minor Subdivision Plan, MaciePs Tree Farm Plat 31 Lot 52-2, Maple Avenue, Little Compton, Rhode Island" date: August 10, 2016 by Able Engineering Inc. Filed in the Town Clerk's Office Little CoBPiom RI on Aus lh :41P Witness Town Clerk