DEED TO DEVELOPMENT RIGHTS CONSERVATION RESTRICTIONS

Transcription

1 DOC s Bk5 319 Pss 29 DEED TO DEVELOPMENT RIGHTS A N D CONSERVATION RESTRICTIONS THIS WARRANTY DEED made this day of ^XP/'f ( 2018, by and between CATHERINE CONTE, hereinafter referred to as the "GRANTOR", for consideration of FOUR HUNDRED SEVETY-EIGHT THOUSAND 00/100 ($478,000.00) Dollars paid grants to and the UnTLE COMPTON AGRICULTURAL CONSERVANCY TRUST, hereinafter referred to as the "Grantee". WHEREAS, the GRANTOR is the owner in fee simple that certain parcel of land located in Little Compton. RI as more particularly described on Exhibit "A" attached hereto and made a part hereof containing approximately 26 acres± located at West Main Road, Little Compton, Rhode Island; and WHEREAS, the Rhode Island General Assembly has determined that land suitable for food production has become extremely scarce in this State, that it is an increasingly valuable resource, and that it is in the best interest of the citizens of the State of Rhode Island that the remaining such land, which is most in danger of being lost, be maintained for farming uses; and WHEREAS, the GRANTEE has determined that the Premises is valuable for crop production and to restrict the use of the Premises according to terms and conditions hereinafter set forth; and WHEREAS, the GRANTOR is willing to devote the Premises to agricultural production and to restrict the use of the Premises according to terms and conditions hereinafter set forth; and WHEREAS, the grant and conveyance of the development rights by the GRANTOR to the GRANTEE will preserve the Premises for crop production and directly related uses, in accordance with the following terms and conditions: and WHEREAS, the Rhode Island General Assembly has provided for the use of "conservation restrictions" to preserve land in perpetuity for farming and agricultural uses, among others (Title 34. Chapter 39 of the Rhode Island General Laws): and WHEREAS, the parties hereto wish to avail themselves of the provisions of said law governing "conservation restrictions". NOW, THEREFORE, GRANTOR does hereby forever grant, transfer, assign and convey in perpetuity to the GRANTEE with WARRANTY COVENANTS the Development Rights and Conservation Restrietions to the Premises, of the nature and character described in Exhibit "B". "Covenants Regarding Restriction of Property to Agricultural Uses", which is attached hereto and made a part hereof, and covenants that said Development Rights and Conservation Restrictions shall bind GRANTOR and his heirs, successors and assigns, and that said Development Rights and Conservation Restrictions shall be perpetual and shall run with the land, and that the Premises shall not be converted to non-agricultural uses.

2 Bk= 319 Pss 30 GRANTOR covenant that she is seized of the Premises in fee simple, have good right to grant and convey the aforesaid Development Rights and Conservation Restrictions, that the Premises are free and clear of any and all encumbrances and that all existing liens, attachments, mortgages or similar encumbrances on the Premises have been discharged. GRANTOR further covenant that she and her heirs and assigns, agree to pay all real estate taxes and assessments levied by competent authorities on the Premises. SUBJECT TO rights of way as shown on plan and SUBJECT TO utility easements and any other easements and/or restrictions of record. a _ WITNESS our hands this p day of / % Q ^ Y /, Catherine Conte STATE OF MASSACHUSETTS COUNTY OF NANTUCKET In Nantucket on the i L 4 day of,2018 before me personally appeared CATHERINE CONTE, to me knovl^n and known by me to be the party executing the foregoing instrument and she acknowledges said instrument by her and the execution thereof, to be her free act and deed. Notary Public LESLIE A. BRESETTE Notary Public Commonwealth of Massacnusetts My Commission Expii e.< July 10,2020 TAX % *2» Oats: APR 18, 2018 RECORDER: AS TOWN OF LITTLE COtlPTON 2483 RHODE ISLAND REAL ESTATE CONVEYANCE TAX

3 Bk= 319 Pgs 31 EXHIBIT A That approximately 26+/-acre portion of the real property located at West Main Road, Little Compton, Rhode Island, identified in the tax assessor's records in the Town of Little Compton as Plat 19, Lots 34-1 and 34-2 and generally set forth as a conveyed conservation easement and restrietions on the "Plan of Survey of Land & Easement to Little Compton Agricultural Conservancy Trust - Prepared for Catherine Conte Project Location: Plat 19 - Lots 34-1 & Little Compton, RI Latest Revision: 04/13/2018" annexed hereto and made a part hereof as Exhibit C ("Map"). For further identincation purposes, the following description delineates that portion of Town of Little Compton as Plat 19, Lots 34-1 and 34-2 that shall not be intentionally burdened by the conveyed conservation easement and restriction: Beginning at a point, the northwesterly corner of the herein described parcel as Illustrated on a Plan entitled "Plan of Survey of Land & Easement to Little Compton Agricultural Conservancy Trust - Prepared for Catherine Conte Project Location: Plat 19 - Lots 34-1 & Little Compton, RI Latest Revision: 04/13/2018", and said point also being located at a "drill hole set" on the westerly face of a stone wall on the easterly side of West Main Road, so called; Thence a northeasterly direction and a distance of ' to a point identified as a "rebar set"; Thence turning an interior angle of ' 05" and a distance of 73.63' to a point at an angle point of a stone wall, said point being marked by a "drill hole set"; Thence turning an interior angle of ' 27" and a distance of ' along the centerline of a stone wall to a point at the angle point of said stone wall, said point being marked by a "drill hole set"; Thence turning an interior angle of 93 08' 57" and a distance of ' along the centerline of the stone wall to a point at the angle point of said stone wall, said point being marked by a "drill hole set"; Thence turning an interior angle of 89 13' 37" and a distance of ' to a point at the end of a stone wall; Thence along the centerline of said stone wall the following distances; 9.1', 4.6', 19.0', 25.2T, & 35.99' to the Intersection of two stone walls; Thence turning an interior angle of 86 50' 43" and a distance of 53.42' along the centerline of a stone wall to a point at an angle point of a stone wall;

4 Bk= 319 Pss 32 Thence turning an interior angle of ' 59" and a distance of 48.27' along the centerline of a stone wall to an angle point of a stone wall; Thence turning an interior angle of ' 15" and a distance of 51.55' along the centerline of a stone wall to an angle point in said stone wall; Thence turning an interior angle of 94 04' 43 and a distance of 103.3T along the centerline of a stone wall and beyond the end of said stone wall to a point being marked by a "stone bound with a drill hole found"; Thence turning an interior angle of ' 59" and a distance of 96.10' to a point identified as a "rebar set"; Thence turning an interior angle of ' 31" and a distance of ' to a point on the westerly face of a stone wall on the easterly side of West Main Road, so called; said point being identified as a "drill hole set"; Thence in a northwesterly direction along the westerly face of said stone wall a distance of 50.00' to the point of beginning of the herein described parcel, said first and course having an interior angle of 92 20' 52" said parcel containing an area of 88, square feet of land; EXHIBIT B

5 Bk= 319 P3= 33 COVENANT REGARDING RESTRICTION OF PROPERTY TO AGRICULTURAL USES A. The GRANTOR covenant for herself, her heirs, devisees, legal representatives, sueeessors and assigns, that the protected property will at all times be held, used and conveyed subject to. and not used in violation of. the following restrietions and reversed: (1) No building, residential dwelling, tennis court, artificial swimming pool, asphalt driveway, road, parking lot. mobile home, utility pole, tower, conduit or line or other temporary or permanent structure or improvement requiring construction shall be constructed, placed or permitted to remain on the Protected Property, except as follows: (a) Structures existing on the Protected Property at the time of the execution of this covenant as identified and described within the Baseline Documentation Report: and (b) Those buildings, structures, utilizes, drives and roadways now existing or permitted herein. (2) No loam, peat, gravel, soil, sand, bed rock, other natural resource or deposit, or stone wall shall be excavated, dredged, or removed from the Protected Property unless approved by the Grantee under Section B below and removal is solely for use by the GRANTOR for the purpose of grading and maintaining the existing roadway, driveways and parking areas now located on the Protected Property. Except for the foregoing, no land which is currently in agricultural use shall be disturbed. The construction of an irrigation pond(s) is permitted. (3) No refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste, radioactive or hazardous waste or other substance or material whatsoever not normally used in accepted agricultural practices shall be placed, stored, dumped or permitted to remain on the Protected Property. Except that storage of agricultural products, byproducts (including the composting of biodegradable matter for use on the protected Property) produced on the Protected Property and agricultural equipment in use on the Property is allowable so long as such storage is done in accordance with all applicable laws and regulations and in such a manner so as to not impair the Conservation Values of the Protected Property. (4) No use shall be made of the Property, and no activity thereon shall be permitted which is or may be inconsistent with the intent of this grant, being the perpetual protection and preservation of agricultural lands and

6 Bks 319 P3= 34 Open spaee lands. No activity, including, but not limited to, drainage or flood control activities shall be carried on which is detrimental to the actual or potential agricultural use of the Property, or detrimental to water conservation, soil conservation, or to good agricultural and/or forestry management practices. (5) The Protected Property, subject to the terms of this Deed, shall be used for agricultural uses including engaging in any and all open field agricultural uses in accordance with sound, generally acceptable agricultural practices, and other uses directly related to or necessary in connection with agricultural uses. Permitted agricultural uses shall include the breeding, raising, pasturing and grazing of horses, donkeys, cattle, livestock and animals of any kind for production of food and fiber; turf farming: the breeding and raising of bees, planning, raising, harvesting and producing agricultural horticultural and forestry crops and vegetables and fruit crops. (6) Except for the plans referenced and described on page 1 of this Deed, no further subdivision or division of the Protected Property or any portion thereof shall be permitted. (7) The GRANTOR hereby reserves to and for themselves their heirs, devisees, legal representative, successor and assigns all other customary rights privileges ownership not prohibited or regulated by the time of this deed or inconsistent with the protection of the agricultural and conservation values. Except as specifically set forth herein nothing contained in this deed shall give or grant any right to enter upon or use the protected property or any portion thereof where no such right existed immediately prior to the execution of this deed. (8) In the event GRANTOR it successors or assigned should fail for a period of one year to comply with the stipulation herein contained the GRANTEE reserves the right to farm the protected property and raise crops that are presently or have historically been raised on the protected property. Should this event occur GRANTEE shall indemnify and hold GRANTOR its successor and assigns harmless Ifom the negligent acts or omissions of the local grantee its agents employees contractors and assigns (9) The trails and farm roads on the Protected Property existing on the effective date of this grant, as described in the baseline Documentation Report, must be maintained and used substantially in their present condition or as reasonably necessary for the agricultural uses thereof. Notwithstanding the foregoing, all structures, roadways, and any other impervious shall in no event exceed Two percent (2%) of the surface area of the Protected property. Subject to such Two percent (2%) impervious surface limit. (10) The GRANTOR hereby reserves the right to construct or place of buildings, structures, or parking areas for agricultural purposes, including buildings for related retail sales (all be subject to the prior written approval of the GRANTEE, as provided in Section B hereof. Any existing or permitted structures, paving, and

7 Bks 319 pgs 35 permanent, non-seasonal roofltops, are subject to an impervious surface limit of 2% of the area of the Protected Premises.

8 EXHIBIT C (MAP) V1

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10 Bks 319 Pas 38 Filed in the Town Clerk's Office Little CofflPtom RI on APR 18f>i :15 All Witness TOWN CLERK