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HomeMy WebLinkAbout1990-04-20!t • t 3 - rt� '. :. 6'L a -_•.. rvv4 �:. .t:. -. m. } .... .11 .a.. .. .ri i.. -' .0 ... .. . -. ..... -.4 _._.. ..� .. h 114 It t 1 l.Ea 6i3 ►1Q42 t � "Cot.) AV Ark J� N DEED OF CONSERVATION EASEMENT THIS GRANT DEED OFMaNSERVATION EASEMENT is made this 2v d.;yof �} r�. 1990, by Katharine B. Payne, having an address at 1743 Ellis Ho 1Tw d. (" ran or" , _ in favor of. the Finger Lakes land Trust, a nonprofit New York corporation, having an address at P.O. Box 4745, Ithaca, NY 14852 -4745 ( "Grantee "). WITNESSETH r WHEREAS, grantor is the sole owner in fee simple of certain real property (the..'. rk 'Property ") in the .Town of Dryden, Tompkins County, State of New Yo, more particularly described in EXHIBIT A, attached hereto and incorporated herein; and WHEREAS, the property possesses natural, ecological, scientific and scenic values (collectively, "conservation values "). of great importance to the Grantor, the Finger Lakes Land Trust, and the people of the State of New York; and WHEREAS in particular, the property possesses: a wetland (part of # TA- I0) designated by the New York State Dept; of Environmental Conservation as a Class I Wetland, said wetland being near the headwaters of Cascadilla Creek; significant natural habitat for plants and animals; scenic views for the many travellers along Ellis Hollow Rd.; the original Ellis Hollow Cemetery, in which members of the Ellis Family were buried, and of significant historic interest; and WHEREAS, the specific conservation. values of the Property are documented in an inventory of relevant features of the Property, dated February, March, and April, 1990, on file at the offices of the Grantee, incorporated by this reference, and designated Ss "Baseline Documentation ", which consists of reports, maps, photographs, and other documentation that the parties agree provide, collectively, an accurate representation of the Property at the time of this Grant and which is intended to serve as an objective information baseline for • monitoring compliance with the terms of this grant; and WHEREAS, Grantor intends that the conservation values of the Property be preserved and maintained, and in particular that the wetland be afforded every possible measure of protection; and that land use patterns existing at the • time of this Grant (including, but not limited to, residing on the property and passive recreation) that do not significantly impair or interfere with those values, be allowed to to and WHEREAS, Grantor further intends, as owner of the Property, to convey to Grantee the right to preserve and protect the conservation values of the Property in perpetuity; and WHEREAS, Grantee is a publicly supported, tax- exempt nonprofit organiza- tion, qualified under Section 501(c)(3) and 170(h) of the Internal Revenue Code, whose primary, purpose- is the preservation, protection, or enhancement of land in its natural, scenic; educational, historical, agricultural, educational, forested, and /or open space condition; and WHEREAS, Grantee agrees I by accepting this Grant to honor the intentions of Grantor stated herein -and to. pre I I i and protect in perpetuity the conservation values' of the Property • for the benefit of this generation and the generations to comei NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the New York State Environmental Conservation haw, Section 49 -0301, Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ( "Easement"). 1. Purpose. It is the purpose of this Easement to assure that the Property will be retained forever in its natural and scenic condition and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property, Grantor intends that this Easement will confine the use of the Property to such activities as are consistent ,�;�t �;•� Y t T+4 � - + i .t } •..1 x '•. t� a- r cC At9 !t • t 3 - rt� '. :. 6'L a -_•.. rvv4 �:. .t:. -. m. } .... .11 .a.. .. .ri i.. -' .0 ... .. . -. ..... -.4 _._.. ..� .. h 114 It t 1 l.Ea 6i3 ►1Q42 t � "Cot.) AV Ark J� N DEED OF CONSERVATION EASEMENT THIS GRANT DEED OFMaNSERVATION EASEMENT is made this 2v d.;yof �} r�. 1990, by Katharine B. Payne, having an address at 1743 Ellis Ho 1Tw d. (" ran or" , _ in favor of. the Finger Lakes land Trust, a nonprofit New York corporation, having an address at P.O. Box 4745, Ithaca, NY 14852 -4745 ( "Grantee "). WITNESSETH r WHEREAS, grantor is the sole owner in fee simple of certain real property (the..'. rk 'Property ") in the .Town of Dryden, Tompkins County, State of New Yo, more particularly described in EXHIBIT A, attached hereto and incorporated herein; and WHEREAS, the property possesses natural, ecological, scientific and scenic values (collectively, "conservation values "). of great importance to the Grantor, the Finger Lakes Land Trust, and the people of the State of New York; and WHEREAS in particular, the property possesses: a wetland (part of # TA- I0) designated by the New York State Dept; of Environmental Conservation as a Class I Wetland, said wetland being near the headwaters of Cascadilla Creek; significant natural habitat for plants and animals; scenic views for the many travellers along Ellis Hollow Rd.; the original Ellis Hollow Cemetery, in which members of the Ellis Family were buried, and of significant historic interest; and WHEREAS, the specific conservation. values of the Property are documented in an inventory of relevant features of the Property, dated February, March, and April, 1990, on file at the offices of the Grantee, incorporated by this reference, and designated Ss "Baseline Documentation ", which consists of reports, maps, photographs, and other documentation that the parties agree provide, collectively, an accurate representation of the Property at the time of this Grant and which is intended to serve as an objective information baseline for • monitoring compliance with the terms of this grant; and WHEREAS, Grantor intends that the conservation values of the Property be preserved and maintained, and in particular that the wetland be afforded every possible measure of protection; and that land use patterns existing at the • time of this Grant (including, but not limited to, residing on the property and passive recreation) that do not significantly impair or interfere with those values, be allowed to to and WHEREAS, Grantor further intends, as owner of the Property, to convey to Grantee the right to preserve and protect the conservation values of the Property in perpetuity; and WHEREAS, Grantee is a publicly supported, tax- exempt nonprofit organiza- tion, qualified under Section 501(c)(3) and 170(h) of the Internal Revenue Code, whose primary, purpose- is the preservation, protection, or enhancement of land in its natural, scenic; educational, historical, agricultural, educational, forested, and /or open space condition; and WHEREAS, Grantee agrees I by accepting this Grant to honor the intentions of Grantor stated herein -and to. pre I I i and protect in perpetuity the conservation values' of the Property • for the benefit of this generation and the generations to comei NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the New York State Environmental Conservation haw, Section 49 -0301, Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ( "Easement"). 1. Purpose. It is the purpose of this Easement to assure that the Property will be retained forever in its natural and scenic condition and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property, Grantor intends that this Easement will confine the use of the Property to such activities as are consistent ,�;�t �;•� L18 pan lesof the firs; !part; and ' KATHARINE BOYNT.ON. PAYNE, of 1743 Ellis'Hollow Road, Ithaca, New York party of the second part, . itnes$tt}� that the part ies of the fiist _ part, in consideration of" Dollar ($ 1.00 1 lawful money of the United States, part yy t of�t�iu second ;, second part, do y hereby • grant and release unto the and assigns her�distributees g /oreuer, all THAT TRACT OR PARCEL OF LAND situate in the Town of Dryden County of Tompkins, State of New'York, bouaded and described as follows: Beginning at a point in the center line of the Ellis Hollow Road at the point of.intersection of said center line with the easterly line of that part of the property conveyed to Henry A. Myers and wife by Westley Eastman and wife by a deed dated April 29, 1939 and recorded_in_the_Tompkins County.Clerk's Office in Liber- 250 -of Deeds -at page = - -- { 396, which lies on the southerly side of said Ellis Hollow Road, and running from .,, thence•south 12 degrees west, along the easterly line of said Myers, 904 feet to an iron pipe; thence running south 78 degrees east 819 feet; thence running north 5 degrees east 577 feet; thence north•78 degrees vest 228 feet; thence north 5 degrees east 355 feet to the center line of the Ellis Hollow Road; and and thence north 78 degrees vest 466 feet along the center of the Ellis Hollow Road to the place of be- inning. Being the same premises conveyed to Edgar R.'Lemon and Donna V. Lemon by Walter 4. Simon by deed dated February 10, 1965, recorded the same date in the Tompkins ounty Clerk 'a Office in Liber 455 of Deeds at page 299 and subsequently conveyed to onna V. Lemon by quit -claim deed recorded in said Clerk's Office in Liber,526 of . _... Deeds. page 64. Said premises are more particularly shown on a survey by George chlecht, Professional Land Surveyor,and filed.in the said Clerk's Office concurrently herewith, and dated "May 8, 1984. This property cofttains 13.8 acres of.land.,more or less. 4V. 1 Being the ..erne premises conveyed to the grantors herein by Donna V: Lemon by warranty deed dated September 24; 1980, recorded in said Clerk's Office in Liber 579 of Deeds, page 1008. G' )3 iri.ci0413 • y 2 F S to ,k x 5 t �•icv�L'iA�l�- .��rf�0^'.u�"a� Oi Sh3, yi;+x•Fy - e AI. '� y' 3 I IF 4 .. .. become inconsistent with the purpose of this Easement and to require the restoration rights accruing from her of such areas or features of the Property that may be damaged by any inconsistent of the activity or use, pursuant to paragraph 5 (Grantee's Remedies). to engage in or to permit others to engage in =all 3. Prohibited Uses. are not a . SSubdivision of the Property; ! p l •,. 1tT 4 �.. '.:.a:- __ with the purpose ...�.- ....�•- ...-.t ;.. ...�..:...�_._.__...._,.�._... __'_____. . -. . _. _.. .- _ _. _....__._.. __.__.. -._.. _. ..... (c) Placement or construction of roads,, parking lots, billboards, man amammamm buildings for human habitation, permanent camping accommodations, mobile homes, right to: or other structures inconsistent with the purpose of this Easement; (d) Construction,. enlargement, or placement of any structures whatsoever except as provided under Reserved Rights; (e) Tree cutting except in accordance with sound forests management practices and on a sustained yield basis, or as provided under Reserved Rights: (f) Use of fertilizers or biocides, grazing of domestic animals, or other agricultural use except in -Area A (shown on Map, #1 in the Baseline 164.1 Documentation) and in a manner consistent with the purpose of this Easement; (};) Dumping or disposal of wastes, refuse, or debris on the Property, except for plant or animal materials generated on the Property and disposed 2 of in a manner consistent with the purpose of this Easement; (h) Any alteration of the topography, including, but not limited ' may be .required in the course of any activity permitted herein; , purpose of this Easement; including but not limited to, residing on the property, ' passive recreation, education, and scientific research. (j) Any manipulation or alteration of any stream, pond, or wetland on the Property (including, but not limited to, use of chemicals, unnatural filling, draining, or damming) except as provided under Section 4.2; (k) Any manipulation of the plant life in the wetland other than 2. Rights of .Grantee. To accomplish the purpose of this Easement. the following Any use of the Property and any activity on the Property which rights are conveyed to Grantee by this Easement: is inconsistent with the purpose of this Grant, namely the preservation of - (a) To preserve and protect the conservation values of the Propertvp ment:. . (b) To enter upon the Property at least once a year, at reasonabe - times,' in order to monitor Grantor's compliance with and otherwise enforce - the terms of this Easement,. provided that such entry snail be upon prior reasonao.e notice to Grantor,. and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and ' (c) To prevent any activity on or use of the Property that is or may i 4. become inconsistent with the purpose of this Easement and to require the restoration rights accruing from her of such areas or features of the Property that may be damaged by any inconsistent of the activity or use, pursuant to paragraph 5 (Grantee's Remedies). to engage in or to permit others to engage in =all 3. Prohibited Uses. are not a . SSubdivision of the Property; and are (b) Commercial or industrial activity, other than those occupations with the purpose consistent with the `purpose of this Lasement; Easement. In accordance (c) Placement or construction of roads,, parking lots, billboards, purpose buildings for human habitation, permanent camping accommodations, mobile homes, right to: or other structures inconsistent with the purpose of this Easement; (d) Construction,. enlargement, or placement of any structures whatsoever except as provided under Reserved Rights; (e) Tree cutting except in accordance with sound forests management practices and on a sustained yield basis, or as provided under Reserved Rights: (f) Use of fertilizers or biocides, grazing of domestic animals, or other agricultural use except in -Area A (shown on Map, #1 in the Baseline Documentation) and in a manner consistent with the purpose of this Easement; (};) Dumping or disposal of wastes, refuse, or debris on the Property, except for plant or animal materials generated on the Property and disposed _ of in a manner consistent with the purpose of this Easement; (h) Any alteration of the topography, including, but not limited to, the excavation or removal of soil, sand, gravel, rock, or sod, except as may be .required in the course of any activity permitted herein; W Any use or activity that causes or is likely to cause significant land degradation or. significant pollution of any surface or subsurface waters; (j) Any manipulation or alteration of any stream, pond, or wetland on the Property (including, but not limited to, use of chemicals, unnatural filling, draining, or damming) except as provided under Section 4.2; (k) Any manipulation of the plant life in the wetland other than removal of alien species, except as provided under Section 4.2; Any use of the Property and any activity on the Property which is inconsistent with the purpose of this Grant, namely the preservation of the Property predominantly in its natural condition and protection of the environ- -_,:_ _ ment:. . 4. Reserved Ri;;hts. Grantor reserves all rights accruing from her ownership of the including the right to engage in or to permit others to engage in =all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement. In accordance with the purpose of this Easement, Grantor reserves the right to: (a) (b) (c) (d) Reside on the Property; Within Area A, designated on Map # 1 of the Baseline Documenta- tion: •(I) maintain gardens, raise bees and /or domestic or farm animals, in accordance with sound agricultural-and agronomic practices; (2) : cut any trees; (3).. repair, "replace, or enlarge any structure, provided that no additional dwelling units are constructed; Replace or maintain the "studio ", designated on ;Map # I in the Baseline Documentation; Maintain and /or create foot trails. 3 1 r 653 4.1 ; IN' 'ADDITION, `the Grantor may, after providing forty -five (45) days written notice to the Grantee, (aa) 'Sell, give or otherwise convey the Property, subject to the terms of this Easement. I IK 4.2 IN ADDITION, Grantor may engage 'in the following uses and practices, ? subject to the written approval of Grantee. Grantor must submit written plans with supporting documentation. Grantee's approval may be withheld_ if documentation is' deemed inadequate or if there . is a reasonable determination by Grantee that the proposed action would be inconsistent with the purpose of this Easement. In accordance with these provisions, Grantor may: (aaa) Develop solar or wind power facilities for on -site use; (bbb) Build a pond or shallow water impoundment and /or enlarge the g nd -sh R Map existm ' po , ,v own` on YI Il I . the`Baseline'Documentatlon . (ccc) Cut trees or otherwise alter the +plant life in or near the wetland; (ddd). Remove animals or their constructions; (eee) ; Erect •`new structures within Area A, provided that no new dwelling units are constructed. . 5. Grantee's remedies. If Grantee determines that Grantor is in violation of the terms- of this 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 and, where the violation involves in to the Property • resulting from any use or activitiy inconsistent with the purpose of this Easement, to restore the portion of the "Property so injured, If Grantor fails to cure the violation within thirty (30) days after receipt., of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty -day period, fail I "to begin curing such violation within the thirty (30) day : ,period, or fail to continue diligently to • cure such violation until finally"' cured,' Grantee may bring an action at law or 'in equity . in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, by temporary or permanent injunction, to. recover 'any. `damages to which it may be entitled for violation of the (terms ofd this, Easement or injury to any conservation values protected by this Easement, including damages I. for 'the' loss of scenic, aesthetic, or environmental values, 'and to` require the restoration of the Property- 'to the condition that existed' prior to any such injury. Grantee, in its sole discretion,, may apply any damages recovered 111 to the cost of undertaking any corrective action on the Property.` If Grantee, in its sole discretion, determines that 'circumstances .require immediate action to prevent or mitigate significant damage to the' conservation values of the Property, Grantee may pursue its remedies under this paragraph without waiting for the period provided for cure to expire, provided Grantee makes every reasonable effort to give Grantor prior notice. Grantee's remedies described in this, - paragraph shall .be- in "addition 'to, "and not ''in""bmita'tion of,: any other rights: and remedies available to the Grantee for enforcement of this Easement 5:1 Costs of Enforcement. Any reasonable costs incurred_ by Grantee's in enforcing the 'terms 'of this Easement against Grantor, including but not limited to, costs of suit and attorney's fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be borne by' the. Grantor. If Grantor prevails in any ,action to enforce the terms of this Easement, Grantor's costs of suit, including, but _ not limited ` to, reasonable attorneys' fees, shall be borne by Grantee. 5.2 Grantee's Discretion. Enforcement of -the terms of .. this -Easement shall be at the discretion o Grantee, and any forbearance by Grantee to exercise its rights unter this Easement in the event of any breach of any a term of . this ! Easement by Grantor shall not be deemed or construed• to be a °; waiver by Grantee of such term 'or'of any subsequent breach of the same 'or any ''other`,term of .tnis Easement or of any of Grantee's rights under. this Easement. _ ho delay` -or omission . _ III by Grantee in the exercise of any right or remedy upon any breach by Grantor a shall impair such right or remedy or be construed as a v.arver fay • �� _ 1. 1 9a St ` r•`y* ' a•''F t � ��v , �=�r ,� .Y p�±�'�,: � "C}w`5'? ik d�1£/`Yf�4�+y�y,+•L` • , ar _, wi >t1�•- •.e�h."..,r�nk ��u i fn :�r^�•ri tF- t {tee Tl t r • ( - - , .. / LI.E:: 653 -A ;t I G 4 4 • - / 53 Acts Bevond Grantor's Control. Nothing contained in this Easement shall ' be construed to entitle either Grantor or Grantee to bring any action against the other for any injury to, or change in, the Property resulting from causes bevond Grantor's control, including but not limited to, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 69 Access. No .right of access by the general public to any portion of the Property is conveyed-by this Easement. 7. Costs and liabilities. Grantor retains all responsibilities and shall bear' all costs an liabiities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate comprehensive general liability insurance coverage. All future liens shall be subordinate to this Easement, 8. `Eztin uishment. If circumstances arise in the future that render the purpose of this asement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in ,part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or invoiuntary conversion of all or any, portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by New York State law at the time, in accordance with paragraph 10.1. Grantee shall use all such proceeds in a manner consistent with the conservation purposes set 'forth herein. 8.1. Proceeds. For the purposes of paragraphs 10 and 10.2, this Easement constitutes a real property interest immediately vested in Grantee, with a • fair market value that is equal to the proportionate value that the Easement bears to the value of the Property as a whole at the time of this gift. However, any increase in value that is. attributable to improvements made after the date of this Grant shall not serve to increase the value of this Easement. The values at the time of this Grant shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this Grant, pursuant to Section 170(h) of the internal Revenue Code of 1954, as amended. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. 8.2' Condemnation. If the Easement is taken, in whole or in part, by exercise of the em power of inent domain, Grantee shall be entitled to compensation in accordance with paragraph 10.1 and applicable law. 90 Assignment. This Easement is transferable by - Grantee; but Grantee may assign its rights and obligations under this Easement only to an organization that is a' qualified organization at the time of transfer under Section 170(h) of the Internal Revenue .r Code of 1954, as amended (or any successor provision then applicable); and the applicable regulations promulgated thereunder, and authorized to acquire and hold conservation easements under New York State statute (or any successor provision then applicable). As a condition of such transfer, Grantee shall require that the conservation purposes that this Grarit is intended to advance 'continue to be carried out. 10.. Subsegti_ent Transfers. Grantor hereby agrees to incorporate by reference the terms of this Easement., in any deed or other legal instrument by which she divests herself of. any intrest in all or a portion of the Property, including but not limited to; "a leasehold interest. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least forty five (45) days' prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement nor limit its enforceability in any way. I I. Certificates of Compliance. Upon request by Grantor, Grantee shall within thirty 0 ays execute and deliver to Grantor any document, incIV.ding an estoppel certificate, that certifies Grantor's compliance with any obligNon r ��' Il1iF: i► tl �a '��i�!!'::+1R�1r'!'%�Yt`•N•.•P �4.i:$t�..}�� 653 5 of Grantor contained in this Easement, and otherwise evidences the status of this Easement as may be requested by Grantor. 12. Ngtices. Any notice, demand, request, consent, approval, or communica- tion that either party desires or is required to give to the other shall be in writing and either served personally or sent by first 'class mail, postage prepaid, addressed as shown in this Grant or to such other address as either party from time to time shall designate by written notice to the other. 13. Recordation. Grantee shall record this instrument in timely fashion in the of iciall records of Tompkins County, New York, and may re- record it at any time as may be required to preserve its rights in this Easement. 14. General Provisions. a Cont ro inp Law. The interpretation and performance of this Easement shall be govern y the laws of the State of New York. (b); Liberal 'Construction.` Any general rule of construction to the contrary . notwithstanding, this Easement shall be liberally construed in favor of the Grant to effect the purpose of this Easement and the policy and purpose of NYS Environmental Consery ation Law 49 -0301. If any. provision of this instrument is . found, to be ambiguous, an interpretation consistent with the purpose of this Easement_ that would render the provision 'valid shall be favored over any interpretation that would render it invalid. (c) Severability. If any provision of this Easement is found to be invalid, the remainder of the provisions of this Easement shall not be affected thereby. M' Entire Agreement. This instrument, and the documentation referred to herein, set forth the entire agreement of the parties with respect to the Easement, ,*and supersede all prior discussions, negotiations, understandings, or agreements relating to the Easement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with paragraph 15 (Amendment). (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantors le in any respect. (f) Joint Obligation. In the event that more than one individual join in the execution of this document as Grantor, said Grantor is subject to' this Easement both jointly and severally. . (g) Successors. All covenants, terms, conditions, and restrictions of this Easements —be binding upon, and inure' to the benefit of, the parties hereto and their respective representatives, heirs, successors, and assigns, and shall continue as a servitude running in perpetuity with the Property. (h) Termination of Rights and Obli gations.' A party's rights and obligations under this asement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. (i) Counterparts. -The parties may_ execute this :instrument in two or more counterparts, which shall, in the aggregate, be signed_ by both ' parties,': each counterpart shall be deemed an original instrument as against any party who has signed, it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 15. Amendment. if circumstances arise under which an amendment to or modifica- tion of thio"Ea�sement would be appropriate, Grantor and Grantee are free to jointly amend this Easement by written document, signed and duly acknowledged, as with the case of the original agreement; provided that no amendment shall be allowed that will affect the qualification of this' Easement or the status of • Grantee under any applicable laws, including ECL Section 49 -0301 or Section 170(h) of the Internal . Revenue . Code of 1954, as amended, and any amendment shall be consistent with the purpose of this Easement, and .shall not affect its perpetual duration. Any such amendment shall . be recorded in the official records in the office of the Clerk of Tompkins County, New York State. Id ��' Il1iF: i► tl �a '��i�!!'::+1R�1r'!'%�Yt`•N•.•P �4.i:$t�..}�� 653 5 of Grantor contained in this Easement, and otherwise evidences the status of this Easement as may be requested by Grantor. 12. Ngtices. Any notice, demand, request, consent, approval, or communica- tion that either party desires or is required to give to the other shall be in writing and either served personally or sent by first 'class mail, postage prepaid, addressed as shown in this Grant or to such other address as either party from time to time shall designate by written notice to the other. 13. Recordation. Grantee shall record this instrument in timely fashion in the of iciall records of Tompkins County, New York, and may re- record it at any time as may be required to preserve its rights in this Easement. 14. General Provisions. a Cont ro inp Law. The interpretation and performance of this Easement shall be govern y the laws of the State of New York. (b); Liberal 'Construction.` Any general rule of construction to the contrary . notwithstanding, this Easement shall be liberally construed in favor of the Grant to effect the purpose of this Easement and the policy and purpose of NYS Environmental Consery ation Law 49 -0301. If any. provision of this instrument is . found, to be ambiguous, an interpretation consistent with the purpose of this Easement_ that would render the provision 'valid shall be favored over any interpretation that would render it invalid. (c) Severability. If any provision of this Easement is found to be invalid, the remainder of the provisions of this Easement shall not be affected thereby. M' Entire Agreement. This instrument, and the documentation referred to herein, set forth the entire agreement of the parties with respect to the Easement, ,*and supersede all prior discussions, negotiations, understandings, or agreements relating to the Easement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with paragraph 15 (Amendment). (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantors le in any respect. (f) Joint Obligation. In the event that more than one individual join in the execution of this document as Grantor, said Grantor is subject to' this Easement both jointly and severally. . (g) Successors. All covenants, terms, conditions, and restrictions of this Easements —be binding upon, and inure' to the benefit of, the parties hereto and their respective representatives, heirs, successors, and assigns, and shall continue as a servitude running in perpetuity with the Property. (h) Termination of Rights and Obli gations.' A party's rights and obligations under this asement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. (i) Counterparts. -The parties may_ execute this :instrument in two or more counterparts, which shall, in the aggregate, be signed_ by both ' parties,': each counterpart shall be deemed an original instrument as against any party who has signed, it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 15. Amendment. if circumstances arise under which an amendment to or modifica- tion of thio"Ea�sement would be appropriate, Grantor and Grantee are free to jointly amend this Easement by written document, signed and duly acknowledged, as with the case of the original agreement; provided that no amendment shall be allowed that will affect the qualification of this' Easement or the status of • Grantee under any applicable laws, including ECL Section 49 -0301 or Section 170(h) of the Internal . Revenue . Code of 1954, as amended, and any amendment shall be consistent with the purpose of this Easement, and .shall not affect its perpetual duration. Any such amendment shall . be recorded in the official records in the office of the Clerk of Tompkins County, New York State. � r 1 I LID' 6:)3 F It 1048 r , €1 rl TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever, CV %ITNESS WHEREOF Grantor and Grantee have set their hands on the day and year first above written, • Grantor Finger Lakes Land Trust Grantee by- wa& 1%r�, J its V to (official capacity) State of New York, County of Tompkins, sse On this 20 *a- day of ,.; in the year nineteen hundred and ninety, before me came Kt,T►►narNE Ze PAYNE to me known to• be the individual described in and who executed, the foregoing instrument, and acknowledged that she executed the same. Before me, Notary Public ELIZABETH BIXLER Notary Public. State of New York Qualified in Tompkins Co. No. 4359755 (Type or print name of Notary) My Commission Expires January 31,199 n r( � State of New York, County of Tompkins, ss. On this�day of �•'� C) in the year nineteen hundred and n of ety, before me duly sworn,.�j p or depose and say that le/she resides at a-0 4 r u�_ r n� that J2 /she is the U�u p i c of the Finger Lakes rust, the corporation described in, and which executed the above instrument; that Jae /she knows the seal of said corporation; that the seal affixed by order of the Board of Directors of said corporation and that ie /she signed t* /her name thereto by like order. (tip / • , Notary Public (Type or print name of Notary) RECcIVLD S V .. IAN F..[i,i EJTATE j {FR 2 3 130 C2 TRANSFER TA,'C TCMPKINS COUNTY MARK P. KENJERSKA Notary Pobk W the staN d Never Yak Tenrufm Ca 4426&)93 t amr urea,, rsp� �ta�76 .n'ciiins Ccuo!y, s& .. ...e........ a ........... • �odxk. M., in Liber • . of .. 114**a 006000 and exa KAL .G' / .4Q .GJr...C..P .. ...... r. Grantor Finger Lakes Land Trust Grantee by- wa& 1%r�, J its V to (official capacity) State of New York, County of Tompkins, sse On this 20 *a- day of ,.; in the year nineteen hundred and ninety, before me came Kt,T►►narNE Ze PAYNE to me known to• be the individual described in and who executed, the foregoing instrument, and acknowledged that she executed the same. Before me, Notary Public ELIZABETH BIXLER Notary Public. State of New York Qualified in Tompkins Co. No. 4359755 (Type or print name of Notary) My Commission Expires January 31,199 n r( � State of New York, County of Tompkins, ss. On this�day of �•'� C) in the year nineteen hundred and n of ety, before me duly sworn,.�j p or depose and say that le/she resides at a-0 4 r u�_ r n� that J2 /she is the U�u p i c of the Finger Lakes rust, the corporation described in, and which executed the above instrument; that Jae /she knows the seal of said corporation; that the seal affixed by order of the Board of Directors of said corporation and that ie /she signed t* /her name thereto by like order. (tip / • , Notary Public (Type or print name of Notary) RECcIVLD S V .. IAN F..[i,i EJTATE j {FR 2 3 130 C2 TRANSFER TA,'C TCMPKINS COUNTY MARK P. KENJERSKA Notary Pobk W the staN d Never Yak Tenrufm Ca 4426&)93 t amr urea,, rsp� �ta�76 .n'ciiins Ccuo!y, s& .. ...e........ a ........... • �odxk. M., in Liber • . of .. 114**a 006000 and exa KAL .G' / .4Q .GJr...C..P .. ......