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Home My WebLink About1990-08-30,Finger-; Lakes Land Trust A. Carl Leopold, President Betsy Darlington: Vice President . to zoo / w• C� �A\ o \qgq P.O. Box 4745 199 SEP - 51990 ti Ithaca, Ney York 14852 -4745' Te�y L e.or John-b -6oafer, Secretary Lois Levitan, Treasurer Augut 309 0 Dry n Planning Board Dr.7en Town Board �.. Town Hall 65 E`'Maln St: y < Dryden, NY] 3053 Dear Friends: It is my pleasure to inform you that the Finger Lakes Land Trust; has :been given two conservation- easements in the-Town of Dryden: {A'portion =of one property. is also In Caroline. The first donation was from• Katharine Payne;, at, 1743 Ellis Hollow Rd. Most. of the property is a ''significant wetland near the -_ headwaters of - Cascadilla Creek: I am enclosing, a copy of the easement for your information: - The most recent - donation was from Kenn and Susan Marash of 91 ` German Cross Rd. The property is about 74 acres, and is bounded, in . part, by German Cross Rd., the old railroad bed, lands .'of Halpern and Smith (Brookton Hollow Farm); and Six Mile Creek. It has 'several streams that drain• into the creek. " The easement would permit subdivision into three ,parcels. - One. of these - =a '16 =acre piece on which there currently is- a barn /house_ =is being sold to people who plan. to- farm their land `.; using various "ecologically friendly'! methods..' They would be Oerinitted' to build another home on. the property: The other two parcels are being retained by the Marashes, with the reserved right ` ".. to bUlld a - house. on one of', the two pieces: , Each, of the three parcels could al §o have one small cabin.:' Agcicultural structures would be permitted on any of -the paracels, with certain restrictions. We. are enclosing a copy- of the prohibited uses. and reserved rights fol- your information. A map 'of the property. Is on the back. The full document was recorded on August '22, so we do not yet hav6 the Book and Page number for. ii: If any of you would like more infor.matif, please.feel free to call me (2734707). Sincerely, ICA Betsy Darlington to conserve the natural integrity of the•Finger Lakes Region... e. t r •'. � r � 0 ?t f4` t f ,Finger-; Lakes Land Trust A. Carl Leopold, President Betsy Darlington: Vice President . to zoo / w• C� �A\ o \qgq P.O. Box 4745 199 SEP - 51990 ti Ithaca, Ney York 14852 -4745' Te�y L e.or John-b -6oafer, Secretary Lois Levitan, Treasurer Augut 309 0 Dry n Planning Board Dr.7en Town Board �.. Town Hall 65 E`'Maln St: y < Dryden, NY] 3053 Dear Friends: It is my pleasure to inform you that the Finger Lakes Land Trust; has :been given two conservation- easements in the-Town of Dryden: {A'portion =of one property. is also In Caroline. The first donation was from• Katharine Payne;, at, 1743 Ellis Hollow Rd. Most. of the property is a ''significant wetland near the -_ headwaters of - Cascadilla Creek: I am enclosing, a copy of the easement for your information: - The most recent - donation was from Kenn and Susan Marash of 91 ` German Cross Rd. The property is about 74 acres, and is bounded, in . part, by German Cross Rd., the old railroad bed, lands .'of Halpern and Smith (Brookton Hollow Farm); and Six Mile Creek. It has 'several streams that drain• into the creek. " The easement would permit subdivision into three ,parcels. - One. of these - =a '16 =acre piece on which there currently is- a barn /house_ =is being sold to people who plan. to- farm their land `.; using various "ecologically friendly'! methods..' They would be Oerinitted' to build another home on. the property: The other two parcels are being retained by the Marashes, with the reserved right ` ".. to bUlld a - house. on one of', the two pieces: , Each, of the three parcels could al §o have one small cabin.:' Agcicultural structures would be permitted on any of -the paracels, with certain restrictions. We. are enclosing a copy- of the prohibited uses. and reserved rights fol- your information. A map 'of the property. Is on the back. The full document was recorded on August '22, so we do not yet hav6 the Book and Page number for. ii: If any of you would like more infor.matif, please.feel free to call me (2734707). Sincerely, ICA Betsy Darlington to conserve the natural integrity of the•Finger Lakes Region... e. t r 1 1..0 K1A.w✓+a... C�6lt..fa�wuw/ CYU .. y, .y.�,y, v� K-1 r, •� >,.C�.,Ah ,,..wl. y C,.?.Y C,tiss - CoH,�1. wsf-K co. C<<-rk o•. pt,.g..2.2 gv (a- riz -C, • - off& rr. L4 3. Prohibited Uses. a Commercial or industrial activity, other than those occupations either consistent with or not in conflict with the purpose of this Easement; ( b ) Except as provided under Reserved Rights, placement, construction or enlargement of roads, parking lots, billboards, buildings, permanent camping accommodations, mobile homes, or other structures inconsistent with the purpose of this Easement; (c) Tree cutting, except in accordance with ecologically sound forestry conservation practices, on a sustained yield basis, or as provided under Reserved Right (b). Any tree cutting must be in accordance with Prohibited Use (h); (d) In wetlands, or along any stream. grazing of domestic animals, (e) In wooded areas: grazing of domestic animals to the extent that it would cause significant land degradation or significant'pollution of any surface or subsurface waters; (f) In any woodland, wetland or stream: use of fertilizers or biocides, except as consistent with ecologically sound and sustainable agricultural practices, 'and with protection of surface and subsurface water quality; ( g ) Any manipulation or alteration of any stream or wetland on the Property, except as provided under Reserved Right (bbb); (h) Any use or activity that causes or is likely to cause significant land degradation from a natural condition or significant pollution of any surface or subsurface waters; (1) 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, provided that construction materials, such as rock and dirt, may be taken for use on the Property from locations approved by Grantees (j) Dumping and /or disposal of wastes, refuse, or debris on the Property, except for plant or animal materials disposed of in a manner consistent with the purpose of this easement, and as consistent with ecologically sound and sustainable agricultural practices; (k) Use of motorized recreational vehicles; (1) Subdivision of the property except' as specified under Reserved Right (k); (m) Any use of the Property and any activity thereon, which is inconsistent with the purpose of this Grant, namely preservation of the Property predominantly in its natural condition and protection of the environment. 4. Reserved Ri hts. Grantors reserve all rights accruing from their ownership of the Property, 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 3 purpose of this Easement. Without limiting the generality of th foregoing, Grantor reserves the right to: (a) Reside on the Property; ( b ) Engage in agricultural uses, in accordance wit ecologically sound and sustainable agricultural practices. Except a prohibited elsewhere in this Grant, "agricultural uses" that shall b permitted are: pasturing and grazing of livestock; breeding an raising bees; planting, raising, harvesting, and producing agricultural, horticultural, and forestry crops and products$ and sale of, and appropriate road signage for, crops and products harvested and produced on the Property; (b.l.) Construct, repair, replace or enlarge structures directly related to permitted agricultural uses, provided the structure or facility is located in a manner which will minimize the loss of agricultural and forestry potential or the scenic.be.auty of the Property$ (c) Repair, replace, or enlarge the existing structure within Area One on the attached- sketch, provided no additional dwelling units are added to said structure; (d) Drill wells for water for on -site use; (e) Alter the topography within 250 feet.of a dwelling or structure; (f) Build ponds or shallow water impoundments, and enlarge existing ponds; (g) Construct unpaved access roads (not to exceed 12' in width) as may be needed for any activity permitted herein; (h) Construct an unpaved driveway, not to exceed 18 feet in width, along the right -of -way in Area One as shown on the August 39 1990 survey and described in Schedule B attached hereto and to extend said driveway to Area Two as needed for access to potential homesite; (i) Engage in, and permit others to recreational uses of the Property, including, but not skiing, hiking, hunting, and fishing, that neither produce significant surface alteration of the land and ar with the Purpose of this easement, and do not involvE motorized recreational vehicles; U) Maintain and /or create foot trails; (k) Subdivide the property to separate Areas Three as shown on the attached sketch; 9 9 en a e in, limited to, require nor e consistent the use of One, Two and (1) Construct, and later repair, replace or enlarge one additional single - family dwelling with appurtenant structures,within Area One on the attached sketch, and construct an unpaved access road to such structure; said road not to exceed 18 feet in width; (m) Construct, and later repair, replace or enlarge one additional single- family dwelling with appurtenant structures within. Area Two on the attached sketch and construct an unpaved access road to such structure; said road not to exceed 18 feet in width; u • (n campsite ,i n is defined, most, one on 300 squarie f ) Develop not more each of Areas One, Two for the purpose of t e -story cabin or lean- eet and with no public than one noncommercial and Three. A permanent his easement, as an area to, with a footprint not utilities; 491; IN ADDITION, the Grantors may. 0 permanent campsite with, at exceeding (aa) Sell, give or otherwise convey the Property or a portion thereof, subject to the terms of this Easement, after providing at least thirty (30) days written notice to Grantee, such notice to!be waived for the original Grantor. 4.2' IN ADDITION, provided use is consistent with the purpose of this Easement, Grantors may engage in the following uses and practices;, subject to the written approval of Grantee, such approval not to be unreasonably withheld or delayed. Grantor must submit written plans with supporting documentation as may be needed to evaluate the proposal. Grantee's approval may be withheld if documentation is deemed i nadeq'uate or if there is a reasonable determination by Grantee that the proposed action would be inconsistent with the purpose of this Easement. Any structures shall be located and constructed in a manner which will minimize the impact on wildlife habitat, waterways, or scenic views from public rights - of -way. In accordance with these provisions, Grantor may: (aaa) Develop large -scale solar or wind power facilities .for on -site use; (bbb) Manipulate or alter wetlands or streams tributary to Six =Mile Creek (for example, to create a new pond); (ccc) Conduct such other uses as are not in conflict with the purposes of this easement. Grantee's Remedies. If Grantee determines, that Grantors are of r ► *s```f�r6�� 1. Purpose. It is the purpose of this Easement to protect the water quality of Six Mile Creek and to assure that, except as provided herein, the Property will be retained and managed forever in its natural, ecologically balanced and scenic condition and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property. Grantors intend that this Easement will confine the use of the Property to such activities as are consistent with the purpose of this Easement. 2. Rights of Grantee. To accomplish the purpose of this Easement, the following rights are conveyed to Grantee by this Easement. (a) To preserve and protect the conservation values of the Property; (b) To enter upon the Property at least once a year, at reasonable times, in order to monitor Grantors' compliance with and otherwise enforce the terms of this Easement, provided that such entry shall be upon prior reasonable notice to Grantors, and Grantee •shall not unreasonably interfere with Grantors' use and quiet enjoyment of the Property; and (c) To prevent any activity on or use of the Property that is or may become inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Property 4arash Barn: Multiple Use with 2 story apartment,ind, "forage and horse stalls on ground floor D. Wrisley 0 4 7j Smitl Apts. E3. Wrisleny kl� A. Juhl ----- --Trails C Marash Property N o N�� G. Juhl i� Cate)J �� • dr f 1 Small Pond 1 r •� � _ - - Wooded Ravines -1. Marash Property Line Horse Pasture ``''' Woods t CamPsi +e Old Railroad Right of Way, used as trail a Six Mile Creek 2 Ponds Karig Gas Pipeline Smith/Halpern k6v- 11{ ac. Aou Artist.rendering