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HomeMy WebLinkAboutCR 17213- Barnstable - DCS Review 2 6 23 KG edits 2 10 2023 for LAPC BOWLES lot 15BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 1 Property Address: Lot 15, 0 Commerce Road, Barnstable, MA 02630 GRANTOR: Thomas B. Brazelton, III GRANTEE: Barnstable Land Trust, Inc. ADDRESS OF PREMISES: Commerce Road (Lot 15), Barnstable, Massachusetts FOR GRANTOR’S TITLE SEE: Barnstable Registry District of the Land Court, Document # 1465529, noted on Certificate of Title #230,821 FOR GRANTOR’S PLAN SEE: Barnstable Registry District of the Land Court Plan No. 4686-G GRANT OF CONSERVATION RESTRICTION I. STATEMENT OF GRANT THOMAS B. BRAZELTON, III, with a mailing address at 9410 Hill Creek Drive, Verona, WI 53593, being the sole owner of the Premises as defined herein, for my successors and assigns (“Grantor”), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Ma ssachusetts General Laws, grant, with QUITCLAIM COVENANTS, to BARNSTABLE LAND TRUST, INC. (Federal ID #22-2483963), a Massachusetts non-profit corporation with its principal place of business at 1540 Main Street, West Barnstable, MA 02668 , their permitted successors and assigns (“Grantee”), for nominal consideration, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES, the following Conservation Restriction on land located in the Town of Barnstable, Barnstable County, Commonwealth of Massachusetts containing the entirety of a 1.4-acre parcel of land (“Premises”), which Premises is more particularly described in Exhibit A and shown in the attached reduced copy of a survey plan in Exhibit B, both of which are incorporated herein and attached hereto. II. PURPOSES: This Conservation Restriction is defined in and authorized by Sections 31 , 32, and 33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. The purposes of this Conservation Restriction (“Purposes”) are to ensure that the Premises will be maintained in perpetuity in its Comment [AB1]: Covered by "sole owner" phrasing on next line. BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 2 natural, scenic, or open condition, and to prevent any use or change that would materially impair the Conservation Values (as defined below). The Conservation Restriction was acquired utilizing, in part, the Conversation Land Tax Credit Program (CLTC#: 0580) authorized under the Chapter 509 Acts of 2008 Sections 1 -4 as amended by Chapter 409 Acts of 2010 Sections 4 -13 of the Massachusetts General Court. The Conservation Values protected by this Conservation Restriction include the following:  Area of Critical Environmental Concern (ACEC): The Premises consist of approximately 1.4 acres proximate to the Barnstable Harbor Area of Critical Environmental Concern (ACEC) a state-designated area due to its significance as a marine estuary.  Open Space. The Premises contributes to the protection of the scenic and natural character of Cobbs Village, an historic area near Barnstable Harbor within the Town of Barnstable and the protection of the Premises will enhance the open -space value of these and nearby lands. The Premises abuts land already conserved, including 26 acres of land under conservation restrictions held by Barnstable Land Trust, and 8.65 acres owned by Massachusetts Audubon Society.  Biodiversity. The Premises‟ northern boundary is proximal to areas designated as Critical Natural Landscape, Coastal Adaptation, and Tern Foraging areas , by the Massachusetts Division of Fisheries and Wildlife acting by and through its Natural Heritage and Endangered Species Program (“NHESP”). BioMap2, published by NHESP in 2010, was designed to guide strategic biodiversity conservation in Massachusetts over the next decade by focusing land protection and stewardship on the areas that are most critical for ensuring the long-term persistence of rare and other native s pecies and their habitats, exemplary natural communities, and a diversity of ecosystems. BioMap2 is also designed to include the habitats and species of conservation concern identified in the State Wildlife Action Plan. The Critical Natural Landscape, and specifically the Coastal Adaptation and Tern Foraging areas, support a diversity of wildlife, including migratory shorebirds and waterfowl including Snowy Egrets, Black Ducks, and Least Terns. Protection of the Premises, therefore, aligns with the NHESP‟s wildlife and habitat protection objectives and would ensure perpetual protection for each of these state -recognized habitats. The Premises is 100% within a sandplain grassland , a critically imperiled natural community (State Rank of S1 in MassWildlife‟s „Classification of the Natural Communities of Massachusetts’ by Swain, P.C., 2020) of statewide, regionwide, and global importance , and includes a stand of native little bluestem grass. The Premises was formerly used for agriculture, and now is maintained as an open grassland habitat.  Water Quality. The Premises falls 100% within the Cape Cod High Yield Aquifer, as identified by the Massachusetts Department of Environmental Protection.  Climate Change Resiliency. The Premises is identified as an area of above average Terrestrial Resilience according to The Nature Conservancy‟s (TNC) Resilient Land Comment [AB2]: Lot 14 CR has a "Public Access" purpose in between Open Space and Biodiversity. Will Lot 15 have any public access? If so, add identical Public Access purpose from Lot 14 CR. If not, leave as-is. Comment [H3]: No public access granted for this lot BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 3 Mapping Tool, including slightly above average Landscape Diversity and above average Local Connectedness. TNC‟s Resilient Land Mapping Tool was developed in or der to map „climate-resilient‟ sites that are „more likely to sustain native plants, animals, and natural processes into the future.‟ The protection of these climate resilient sites is an important step in both reducing human and ecosystem vulnerability to climate change and adapting to changing conditions.  Consistency with Clearly Delineated Town of Barnstable Conservation Policy. Protection of the Premises will further the Town of Barnstable‟s documented goals regarding conservation land. The Town outlined its conservation goals in its Open Space and Recreational Plan (1984, amended 1987, 1998, 2005, 2010, 2018), identifying goals, policies, and actions to guide conservation efforts, among them the goal of preserving “quality open spaces throughout the Town which protect and enhance its visual heritage.” Additional objectives include (references are to the 2018 Plan): 1) "Preservation of open space for protection of drinking water resources, and for protection of other natural, historic and scenic res ources is a community-wide priority; and 2) Protection of open space should continue to be an integral component of the Town's efforts." (p. 6) To achieve this vision, the Plan sets several goals for the town including: 1) "To protect and maintain the max imum amount of open space to enhance environmental protection, recreational opportunities and community character,” and 2) “Plan, coordinate and execute open space protection measures that complement community efforts to protect water supply, protect fresh and marine surface waters, [and] preserve historic, scenic and cultural resources..." (pp. 10-11). Additionally, the Barnstable Town Council‟s Strategic Plan for fiscal year 2015 identified the goal to preserve and protect significant natural and histori c resources for visual quality, outdoor recreation, public access, wildlife habitat, and cultural history. Moreover, in 1981, the Town of Barnstable adopted a Conservation Restriction Program consisting of policies and guidelines, in particular an Open Space Policy, approved by the Board of Selectmen, Assessors, and Conservation Commission, which encourages the use of conservation restrictions in perpetuity to protect natural resources in accordance with the purposes of the Open Space and Recreation Plan, and which further specified that purposes of a conservation restriction could include the following:  preserve scenic view;  protect groundwater quality for drinking purposes;  preserve open space;  to protect a trail;  preserve important natural habitats of fish, wildlife or plants; and,  limit or prevent construction on land of natural resource value. Conservation of the Premises also supports Barnstable Town Council's Strategic Plan FY2015 which seeks to promote the preservation and protection of significant natural resources for visual quality, outdoor recreation, public access, and wildlife habitat. BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 4  Protection of the Premises will assist in achieving Barnstable County conservation goals. In July 1991, the Barnstable County Assembly of Delegates, pursuant to the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan (RPP), amended in 1996, 2002, 2009, 2012, and 2018, which provided, inter alia (references are to the 2018 RPP, amended in 2021 to accommodate climate change goals and objectives): o “To protect, preserve, or restore the quality and natural values and funct ions of inland and coastal wetlands and their buffers.” (Wetland Resources Goal, p. 55). o “To protect, preserve, or restore wildlife and plant habitat to maintain the region‟s natural diversity” (Wildlife and Plant Habitat Goal, p. 55). o In reference to this Wildlife and Plant Habitat Goal, the RPP states, “For many years habitat loss due to development has been the primary thr eat to the region‟s habitats” (p. 32); and o “To conserve, preserve, or enhance a network of open space that contributes to the region‟s natural community resources and systems” (Open Space Goal, p. 55). In reference to this Open Space Goal, the RPP states, “[t]he open space of the Cape is critical to the health of the region‟s natural systems, economy, and population. Open space provides habitat for the region‟s diverse species and protection of the re gion‟s drinking water supply” (p. 30). Granting this Conservation Restriction will advance each of these goals outlined in the RPP. The Wetlands Goal will be addressed in protecting areas that will be affected by inland migration of marine wetlands with sea level rise and other climate change impacts. The Wildlife and Plant Habitat Goal will be served because the Premises contains a host of important plant and wildlife species and falls wit hin a NHESP BioMap2 Critical Natural Landscape area. The Open Space Goal will be advanced b ecause the Premises is proximal to several permanently protected parcels.  Consistency with Clearly Delineated Federal Conservation Policy. Protection of the Premises meets the definition of “conservation purposes” as defined in 26 CFR 1.170A - 14(d)(1), because its conservation would : reserve the land for education regarding the natural world; protect wildlife habitats; and it would contribute to the preserv ation of open space because it is proximate to several other parcels already conserved.  Consistency with Clearly Delineated State Conservation Policy. The Premises possesses significant open space, natural, aesthetic, ecological, plant and wildlife habit at, solid and water resource quality, watershed, and scenic values (collectively “conservation values”) of great importance to the Grantee and the people of Barnstable and the Commonwealth of Massachusetts. Protection of the Premises allows for storm prote ction by maintaining upland buffer areas as open space and protection of Barnstable Harbor water quality and habitat for saltwater finfish, shellfish and other marine species dependent on this coastal environment.  Historic and Archaeological Resources . Conservation and appropriate management of the Premises has an important public benefit by preserving historic and archeological resources within the Premises. The Premises is identified by the Massachusetts Historical Commission as being within the Old Kin g‟s Highway District listed in the State Register of Historic Places, a local historic district, and adjacent to the Dillingham House. Ancient Native American and historical period archeological sites are recorded elsewhere in Comment [AB4]: "Permanently Protected" tracks better with Open Space purpose above, which mentions Mass Audubon land in addition to just nearby CRs. Comment [AB5]: Delete this phrase if Lot 15 will not be open for any public recreation. BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 5 proximity along Maraspin Cre ek in similar environments to the Premises. The site is favorable for ancient and historical period land use and occupation. Evidence of ancient and historical period Native American activities, colonial period agricultural, industrial and residential activities may be present within undisturbed portions of the property. III. PROHIBITED and PERMITTED ACTS AND USES A. Prohibited Acts and Uses The Grantor will not perform or allow others to perform the following acts and uses which are prohibited on, above, and below the Premises: 1. Structures and Improvements. Constructing, placing, or allowing to remain any temporary or permanent structure including without limitation any building, tennis court, landing strip, mobile home, swimming pool, shed, asphalt or concrete pavement, graveled area, road, sign, fence, gate, billboard or other advertising, antenna, utilities or other structures, utility pole, tower, solar panel, solar array, conduit, line, septic or wastewater disposal system, storage tank, or dam; 2. Extractive Activities/Uses. Mining, excavating, dredging, withdrawing, or removing soil, loam, peat, gravel, sand, rock , surface water, ground water, or other mineral substance or natural deposit, or otherwise altering the topography of the Premises; 3. Disposal/Storage. Placing, filling, storing or dumping of soil, refuse, trash , vehicle bodies or parts, rubbish, debris, junk , tree and other vegetation cuttings, liquid or solid waste or other substance or material whatsoever; 4. Adverse Impacts to Vegetation. Cutting, removing, or destroying trees, shrubs, grasses or other vegetation; 5. Adverse Impacts to Water, Soil, and Other Features. Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, natural habitat, archaeological conservation, or ecosystem function; 6. Introduction of Invasive Species. Planting or introducing any species identified as invasive by the Massachusetts Invasive Plant Advisory Group or identified as invasive in such recognized inventories as the Massachusetts Introduced Pests Outreach Project, the Northeast Aquatic Nuisance Species Panel, or other such inventories, and any successor list as mutually agreed to by Grantor and Grantee; 7. Introduction of Non-Native Species. Introduction of species of animals or plants that are not native to Barnstable County, as defined by current published lists of native species, including The Vascular Plants of Massachusetts: A County Checklist, by Bruce A. Sorrie and Paul Somers, published by the Massachusetts Division of Fisheries and Wildlife Natural Heritage & Endangered Species Program (1999) or as amended or contained in a similar professionally acceptable publication available in the future, excepting the BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 6 reserved right to the introduction of native plants to the premises as allowed under (Section III. B. 3); 8. Motor Vehicles. Using, parking, or storing motorized vehicles, including motorcycles, mopeds, all-terrain vehicles, off-highway vehicles, motorboats or other motorized watercraft, snowmobiles, launching or landing aircraft, or any other motorized vehicles , acknowledging that vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials ) may have a legal right to enter the Premises; 9. Subdivision. Subdividing or conveying a part or portion of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), it being the Grantor‟s and Grantee‟s intention to maintain the entire Premises under unified ownership; 10. Use of Premises for Developing Other Land. Using the Premises towards building or development requirements on this or any other parcel; 11. Adverse Impacts to Boundary Markers. Disrupting, removing, or destroying granite fence posts, or any other boundary markers ; 12. Camping. Camping of any form. 13. Hunting, or trapping. Unless for a proven nuisance to wildlife.;, 14. Residential or Industrial Uses. Using the Premises for residential or industrial purposes; 15. Inconsistent Uses. Using the Premises for non-agricultural business purposes or commercial purposes that are inconsistent with the Purposes or that would materially impair the Conservation Values , or for any other uses or activities that are inconsistent with the Purposes or that would materially impair the Conservation Values. B. Permitted Acts and Uses Notwithstanding the Prohibited Acts and Uses described in Paragraph III .A., the Grantor may conduct or permit the following acts and uses on the Premises, provided they do not materially impair the Purposes and/or Conservation Values. In conducting any Permitted Act and Use, Grantor shall minimize impacts to the Conservation Valu es to ensure any such impairment thereto is not material. 1. Vegetation Management. Maintaining vegetation, including but not limited to, pruning, trimming, cutting, burning, animal grazing, mowing, and removing brush, all to prevent, control, and manage hazards, disease, insect or fire damage, and/or in order to maintain the condition of the Premises as documented in the Ba seline Report (see Paragraph XV), particularly related to the public scenic view and sandplai n grassland habitat maintenance. Vegetation management activities shall be carried out according to the documented Maintenance and Stewardship Agreement approved and amended by the Grantor and Grantee as the need arises; ; Comment [WS(6]: If your going to allow Native plants using the same referance guide the exempetion should be called out here. I suggest stating at the end: Excepting the reserved right to the introducion of Native plants to the premisis as allwoed under (section III. B. 3.). Or someother language more to your liking. Comment [AB7]: Moved commercial use prohibition down to next prohibited use, in line with latest Model CR. BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 7 2. Non-native, Nuisance, or Invasive species. Removing non-native, nuisance, or invasive species, interplanting native species, and controlling species in a manner that minimizes damage to surrounding, non-target species and preserves water quality; 3. Native Plants. The non-commercial propagation of herbaceous native plants native to Barnstable County, as defined by current published lists of native species, including The Vascular Plants of Massachusetts: A County Checklist, by Bruce A. Sorrie and Paul Somers, published by the Massachusetts Division of Fisheries and Wildlife Natural Heritage & Endangered Species Program (1999) or as amended or contained in a similar professionally accepta ble publication available in the future; ; 4. Composting. Stockpiling and composting stumps, trees , brush, limbs, and similar biodegradable materials originating on the Premises; 5. Natural Habitat and Ecosystem Improvement. With prior written approval of the Grantee, conducting measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, ecosystem function, or rare or endangered species including planting native trees, shrubs , and other vegetation; 6. Archaeological Investigations. Conducting archaeological activities, including without limitation archaeological research, surveys, excavation and artifact retrieval, but only in accordance with an archaeological field investigation plan prepared by or on behalf of the Grantor, and following submission of a project notification form (PNF) in accordance with Section 27C of Chapter 9 of the Massachusetts General Laws and associated regulations, as amended . The plan shall also address restoration following completion of the archaeological investigation, , and shall be approved in advance of such activity, in writing, by the Massachusetts Historical Commission‟s (MHC) State Archaeologist (or appropriate successor official) and by the Grantee. A copy of the results of any such investigation on the Premises is to be provided to the Grantee ; 7. Trails. Maintaining and constructing trails as follows: a. Trail Maintenance. Conducting routine maintenance of trails, which may include widening trail corridors up to eight (8) feet in width overall. b. New Trails. With prior written approval of the Grantee, constructing new trails or relocating existing trails, provided that any construction or relocation results in trails that conform with the width limitations above. c. Trail Features. With prior written approval of the Grantee , said approval not to be unreasonably withheld, constructing bog bridging, boardwalks, footbridges, railings, steps, culverts, bench es, cribbing, contouring, or other such feature s, together with the use of motorized equipment to construct such features ; 8. Signs. Constructing, installing, maintaining, and replacing site pervious signs with respect to the Permitted Acts and Uses, the Purposes, the Conservation Values, trespass, public access, identity and address of the Grantor, sale of the Premises, the Grantee's interest in the Premises, boundary and trail markings, any gift, grant, or other applicable Comment [WS(8]: Repetitive statment Comment [AB9]: Seems awkward to reference that Grantor can propagate native plants, by referring to a prohibited use above, since that section is where a reader looks to see what cannot be done. Probably better (if maybe still awkward) to restate the relevant reference guides. Comment [WS(10]: Agreed, the reference is great. But it should be crystal clear to any future monitor or user of the Cr what is approved and what is not. You could try BOLD the Native and Non- Native in both sections. But I would also clear up the paragraph in both sections. Comment [AB11]: Incorporating language from the prohibition we suggest deleting, formerly III.A(13) above - so that archaeology is only addressed here as a reserved rights exception to Par. III.A(2) prohibition on excavation. BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 8 source of support for the conservation of the Premises . Also the erection of signs, consistent with endangered species protection. Any signs shall not detract from the public‟s view across the Premises from the adjoining town road ; 9. Outdoor Passive Recreational Activities. Hiking, snowshoeing, nature observation, and other non-motorized outdoor recreational activities; 10. Landform protection. With the prior approval of the Grantee, measures taken in order to protect landform stability (i.e., to maintain a naturally occurring feature on the land‟s surface, e.g., bank, dune, hill, from erosion); 11. Fencing. Measures, such as the installation of sight-permeable fencing no more than four (4) feet in height, including wooden split rail fence or similar, taken in order to prevent unauthorized vehicle entry and dumping, vandalism or other acts destructive to the Premises. Also the erection of fencing or other barriers consistent with endangered species protection. Any fences shall not detract from the public‟s view across the Premises from the adjoining town road; 12. Motorized Vehicles. The use of motorized vehicles (1) by the Grantor as reasonably necessary to carry out activities permitted in this Paragraph III.B and (2) for access by Grantee for purposes set forth in Paragraph IV, and (3) for access by police, fire, emergency, public works, or other governmental personnel carrying out their official duties. The use of motorized vehicles for the purposes described herein shall be limited to the existing trails; 13. Agricultural Activities. a. Permitted Activities. “Agricultural Activities” are collectively defined as “Animal Husbandry” and “Horticulture,” define d below: i. Animal Husbandry. Raising animals, including but not limited to dairy cattle, beef cattle, poultry, sheep, swine, horses, ponies, mules, goats, and bees, for the purpose of using, consuming, or selling such animals or a product derived from suc h animals in the regular course of business; or when primarily and directly used in a related manner which is incidental thereto and represents a customary and necessary use in raising such animals and preparing them or the products derived therefrom for u se, consumption, or market. ii. Horticulture. Raising fruits, vegetables, berries, nuts, and other foods for human consumption, feed for animals, flowers, nursery products, and ornamental plants and shrubs, all for the purpose of selling such products in the regular course of business; or when primarily and directly used in a related manner which is incidental to those uses and represents a customary and necessary use in raising such products and preparing them for use, consumption, or market. b. Requirement to Follow Best Agricultural Practices. Agricultural Activities shall be conducted using organic farming methods in a manner consistent with generally accepted best management practices for sustainable farming as those Comment [JM12]: Is this for permanent fencing? Is a snow fence ok? Comment [M13]: No, you cant see through a snow fence. You could be specific about what we mean, such as wooden split rail only Comment [AB14]: This is covered by simply stating motorized vehicles can be used as reasonably necessary for the activities in this Par. III.B, since vegetation management is already a reserved right. BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 9 practices may be identified from time to time by appropriate governmental or educational institutions such as the USDA Natural Resources Conservation Service (NRCS), UMass Extension, Northeast Organic Farming Association (NOFA), Massachusetts Department of Agricultural Resources, and the like, (collectively, “Best Agricultural Practices”) and in a manner that promotes healthy soils and healthy soil practices, as such terms are defined in Chapter 358 of the Acts of 2020, which added definitions of these terms to Section 7A of Chapter 128 of the Massachusetts General Laws (“Healthy Soils and Practices”), and in a manner that does not hinder the ability of future generations to engage in Agricultural Activities on the Premises; c. Requirement for a Farm Conservation Plan. Agricultural Activities shall require a farm conservation plan, such as an NRCS Conservation Plan (“Farm Conservation Plan”), prepared for the Premises, and approved in writing by the Grantee. The Farm Conservation Plan shall be developed in accordance wi th generally-accepted Best Agricultural Practices, and shall, at a minimum, address the following: i. establish wetland buffers and/or filter strips to prevent adverse impacts to the water quality of existing wetlands and waterways; ii. in the event animal husbandry activities are proposed, establish and govern the type and number of each type of animal unit permitted on the Premises, and analyze the pasturage potential of the Premises and establish and govern the cycling of pasturage, and any other measures necessary to ensure the carrying capacity of the Premises is not exceeded in order to protect water quality, prevent soil erosion, and otherwise protect the Conservation Values; and iii. describe how Agricultural Activities will maximize soil and water conservation, and promote Healthy Soils and Practices. d. Agricultural Improvements. Constructing and maintaining improvements to conduct Agricultural Activities, provided: i. Grantor must obtain prior written approval from the Grantee for the following improvements: 1. Wells, including but not limited to artesian wells, and any irrigation structures that require subsurface installation ; 2. The right to erect and maintain open -faced fences for boundaries or livestock grazing with a maximum height of four (4) feet , so long as free wildlife passage is not severely impeded across the Premises, and provided that it is sight-permeable and does not detract from the public‟s view across the Premises from the adjoining town road; 3. The right to fence any garden using open faced animal exclosure fencing with a maximum height of four (4) feet, provided that it is sight-permeable and does not detract from the public‟s view across the Premises from the adjoining town road ; BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 10 14. Other. Such other non-prohibited activities or uses of the Premises may be permitted with the prior approval of the Grantee provided that the Grantee has made a finding, such finding to be documented in writing and kept on file at the office of the Grantee, that such activities are consistent with the Reserved Rights, do no t impair the conservation values and purposes of this Conservation Restriction, and, where feasible, result in a net gain in conservation value of the Premises. C. Site Restoration Upon completion of any Permitted Acts and Uses, any disturbed areas shall be restored substantially to the conditions that existed prior to said activities, including with respect to soil material, grade, and vegetated ground cover. D. Compliance with Permits, Regulations, Law s The exercise of any Permitted Acts and Uses under Paragraph III.B shall be in compliance with all applicable federal, state and local laws, rules, regulations, zoning, and permits, and with the Constitution of the Commonwealth of Massachusetts . The inclusion of any Reserved Right requiring a permit, license or other approval from a public agency does not imply that the Grantee or the Commonwealth takes any position whether such permit , license, or other approval should be issued. E. Notice and Approval 1. Notifying Grantee. Whenever notice to or approval by Grantee is required, Grantor shall notify or request approval from Grantee, by a method requiring proof of receipt, in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question, unless a different time period is specified herein. The notice shall: a. Describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity; b. Describe how the proposed activity complies with the terms and conditions of this Conservation Restriction , and will not materially impair the Purposes and/or Conservation Values; c. Identify all permits, licenses, or approvals required for the proposed activity, and the status of any such permits , licenses, or approvals. d. Describe any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the Purposes and Conservation Values. 2. Grantee Review. Where Grantee‟s approval is required, Grantee shall grant or withhold approval in writing within sixty (60) days of receipt of Grantor‟s request. Grantee‟s approval shall only be granted upon a showing that the proposed activity will minimize impacts to the Conservation Values and will not materially impair the Purposes and/or BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 11 Conservation Values. Grantee may require Grantor to secure expert review and evaluation of a proposed activity by a mutually agreed upon party. 3. Resubmittal. Grantee‟s failure to r espond within sixty (60) days of receipt shall not constitute approval of the request. Grantor may subsequently submit the same or a similar request for approval. IV. INSPECTION AND ENFORCEMENT A. Entry onto the Premises The Grantor hereby grants to the G rantee, and its duly authorized agents or representatives, the right to enter the Premises upon reasonable notice and at reasonable times, for the purpose of inspecting the Premises to determine compliance with or to enforce this Conservation Restriction. B. Legal and Injunctive Relief 1. Enforcement. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain compensatory relief, including without limitation, compensation for interim losses (i.e., ecological and public use service losses that occur from the date of the violation until the date of restoration) and equitable relief against any violations, including, without limitation, injunctive relief and relief requiring restoration of the Premises to its condition prior to the time of the injury (it being agreed that the Grantee will have no adequate remedy at law in case of an injunction). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. 2. Notice and Cure. In the event the Grantee determines that a violation of this Conservation Restriction has occurred and intends to exercise any of the rights described herein, the Grantee shall, before exercising any such rights, notify the Grantor in writing of the violation. The Grantor shall have thirty (30) days from receipt of the written notice to halt the violation and remedy any damage caused by it, after which time Grantee may take further action , including instituting legal proceedings and entering the Premises to take reasonable measures to remedy, abate or correct such violation, without further notice. Provided, however, that this requirement of deferment of action for thirty (30) days applies only if Grantor immediately ceases the violation and Grantee determines that there is no ongoing violation. In instances where a violation may also constitute a violation of local, state, or federal law, the Grantee may notify the proper authorities of such violation . 3. Reimbursement of Costs and Expenses of Enforcement. Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including counsel fees) incurred Comment [JM15]: Polly is concerned that all the burden is on them if there is a viola tion. We could take them to court for any reason. Comment [M16]: Yes, this is drafted to the benefit of the land trust. I would keep it in unless the Grantor is providing an endowmenrt to enable you to gop to court. But it is negotiable. State does not care. BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 12 by the Grantee in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof. In the event of a dispute o ver the boundaries of the Conservation Restriction, Grantor shall pay for a survey by a Massachusetts licensed professional land surveyor and to have the boundaries permanently marked. C. Non-Waiver Enforcement of the terms of this Conservation Restriction shall be at the sole discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. D. Disclaimer of Liability By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. E. Acts Beyond the Grantor’s Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from natural causes beyond the Grantor‟s control, including but not limited to fire, flood, weather, climate - related impacts, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significa nt injury to the Premises resulting from such causes. In the event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the Premises, if desirable and feasible. V. PUBLIC ACCESS This Conservation Restriction does not grant any right of access to the general public and the Grantor retains its rights to prohibit access to the Premises by the general public. Subject to the provisions of this Conservation Restriction, the Grantor hereby grants access to the Premises to the Grantee as reasonably necessary, after at least three (3) days verbal or written notice, to carry out activities permitted under this Restriction including activities required and allowed under the Maintenance and Stewardship Agreement referred to in Paragraph III. B.1. VI. TERMINATION/RELEASE/EXTINGUISHMENT A. Procedure If circumstances arise in the future that render the Purposes impossible to accomplish, this Conservation Restriction can only be terminated , released, or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review and approval by the Comment [JM17]: With reasonable notice Comment [AB18]: Ambiguous. Best to define a number of days' prior notice BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 13 Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, or successor official (“Secretary”), and any other approvals as may be required by Section 32 of Chapter 184 of the Massachusetts General Laws. B. Grantor’s and Grantee’s Right to Recover Proceeds If any change in conditions ever gives rise to termination, release, or extinguishment of this Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with Paragraph VI.C, subject, however, to any applicable law which expressly provides for a different disposition of the proceeds , and after complying with the terms of any gift, grant, or funding requirements. The Grantee shall use its share of any proceeds in a manner consistent with the Purposes or the protection of the Conservation Values . C. Grantee’s Receipt of Property Right Grantor and Grantee agree that the conveyance of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Conservation Restriction, determined at the time of the conveyance, bears to the value of the unrestricted Premises. The proportionate value of the Grantee‟s property right as of the Effective Date (see Paragraph XII) was determined to be XX%. Such proportionate value of the Grantee‟s property right shall remain constant. D. Cooperation Regarding Public Action Whenever all or any part of the Premises or any interest therein i s taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential dama ges resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in accordance with Paragraph VI.B and Paragraph VI.C. If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its share of any proceeds in a manner consistent with the Purposes or the protection of the Conservation Values. VII. DURATION and ASSIGNABILITY A. Running of the Burden The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. B. Execution of Instruments The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction . The Grantor, on behalf of itself and its Comment [JM19]: What circumstances does this envision? Comment [M20]: Cy pres Eminent domain Comment [H21]: To be confirmed based on final appraisal BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 14 successors and assigns, appoints the Grantee its attorney-in-fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor and its successors and assigns agree themselves to execute any such instruments upon request. C. Running of the Benefit The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantee, except when all of the following conditions are met: 1. the Grantee requires that the Purposes continue to be carried out; 2. the assignee is not an owner of the fee in the Premises; 3. the assignee, at the time of the assignment, qualifies under and 26.U.S.C. 170(h), and applicable regulations thereunder, if applicable, and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws; and 4. the assignment complies with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VIII. SUBSEQUENT TRANSFERS A. Procedure for Transfer The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantee not less than twenty (20) days prior to the effective date of such transfer. Failure to do any of the above shall not impair the validity or enforcea bility of this Conservation Restriction. If the Grantor fails to reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, then the Grantee may record, in the Barnstable Registry District of the Land Court, and at the Grantor‟s expense, a notice of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. B. Grantor’s Liability The Grantor shall not be liable for viola tions occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. IX. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall, within thirty (30) days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor‟s compliance or non-compliance with any obligation of the Grantor contained in this Conservation Restriction. BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 15 X. NON MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee agrees that it will not take title, to any part of the Premises without having first a ssigned this Conservation Restriction following the terms set forth in Paragraph VII.C to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non -fee owner. XI. AMENDMENT A. Limitations on Amendment Grantor and Grantee may amend this Conservation Restriction only to correct an error or oversight, clarify an ambiguity, maintain or enhance the overall protection of the Conservation Values, or add real property to the Premises, provided that no amendment shall: 1. affect this Conservation Restriction‟s perpetual duration; 2. be inconsistent with or materially impair the Purposes; 3. affect the qualification of this Conservation Restriction as a “qualified conservation contribution” or “interest in land” under any applicable laws, including 26 U.S.C. Section 170(h), and related regulations; 4. affect the status of Grantee as a “qualified organization” or “eligible done e” under any applicable laws, including 26 U.S.C. Section 170(h) and related regulations, and Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws ; or 5. create an impermissible private benefit or private inurement in violation of federal tax law, as determined by an appraisal, conducted by an appraiser selected by the Grantee, of the economic impact of the proposed amendment; or 6. alter or remove the provisions described in Paragraph VI (Termination/ Release/Extinguishment); or 7. cause the provisions of this Paragraph XI to be less restrictive; or 8. cause the provisions described in Paragraph VII.C (Running of the Benefit) to be less restrictive B. Amendment Approvals and Recording No amendment shall be effective unless documented in a notarized writing executed by Grantee and Grantor, approved by the Town of Barnstable and by the Secretary in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, and registered in the Barnstable Registry District of the Land Court. XII. EFFECTIVE DATE BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 16 This Conservation Restriction shall be effective when the Grantor and the Gr antee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained, and it has been recorded in the Barnstable Registry District of the Land Court. XIII. NOTICES Any notice, demand, request, consent, approval or communication 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 pre-paid, or by email with return receipt, addressed as follows: To Grantor: Thomas B. Brazelton, III 9410 Hill Creek Dr. Verona, WI 53593 tbrazelton3@gmail.com and pbraz235@gmail.com To Grantee: Barnstable Land Trust, Inc. 1540 Main Street West Barnstable MA 02668 info@blt.org or to such other address as any of the above parties shall designate from time to time by written notice to the other or , if notice is returned to sender, to an address that is reasonably ascertainable by the parties. XIV. GENERAL PROVISIONS A. Controlling Law The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in order to effect the Purposes and the policy and purposes of Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the Purposes that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision s of this Conservation Restriction shall not be affected thereby. BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 17 D. Entire Agreement This instrument sets forth the entire agreement of the Grantor and Grantee with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings , or agreements relating to the Conservation Restriction, all of which are merged herein. XV. BASELINE DOCUMENTATION REPORT The Conservation Values, as well as the natural features, current uses of, and existing improvements on the Premises, such as, but not limited to, trails, woods roads, structures, meadows or other cleared areas, agricultural areas, and scenic views, as applicable, are described in a Baseline Documentation Report (“Baseline Repor t”) prepared by Grantee with the cooperation of the Grantor, consisting of maps, photographs, and other documents and on file with the Grantee and included by reference herein. The Baseline Report (i) is acknowledged by Grantor and Grantee to be a complete and accurate representation of the condition and values of the Premises as of the date of this Conservation Restriction, (ii) is intended to fully comply with applicable Treasury Regulations, (iii) is intended to serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein , and (iv) may be supplemented as conditions on the Premise change as allowed over time . Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the Premises at the time of this grant in addition to the Baseline Report. XVI. MISCELLANEOUS A. Pre-existing Public Rights Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws by any municipal officials and by the Secretary , is not to be construed as representing the existence or non -existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre -existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. B. Release of Homestead The Grantor hereby agrees to waive, subordinate, and release any and all Homestead rights pursuant to Chapter 188 of the Massachusetts General Laws it may have in favor of this Conservation Restriction with respect to any portion of the Premises affected by this Conservation Restriction, and hereby agrees to execute, deliver and/or record any a nd all instruments necessary to effectuate such waiver, subordination and release. In all other respects, the Grantor reserves and retains any and all Homestead rights, subject to this Conservation Restriction, pursuant to Section 10(e) of Chapter 188 of the Massachusetts General Laws. C. Subordination The Grantor shall record at the Barnstable Registry District of the Land Court simultaneously with this Conservation Restriction all documents necessary to subordinate any mortgage, promissory Comment [WS(22]: Please insert the Title & date of the Baseline Report. This will ensure future CR monitors know which/what document to use when monitoring or enforcing this CR Comment [H23]: Will Add once complete BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 18 note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises. D. Executory Limitation If Grantee shall cease to exist or to be qualified to hold conservation restrictions pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, or to be q ualified organization under 26 U.S.C. 170(h), and applicable regulations thereunder, if applicable, and a prior assignment is not made pursuant to Paragraph VII, then Grantee‟s rights and obligations under this Conservation Restriction shall vest in such organization as a court of competent jurisdiction shall direct pursuant to the applicable Massachusetts law and with due regard to the requirements for an assignment pursuant to Paragraph VII. E. Prior Encumbrances This Conservation Restriction shall be in addition to and not in substitution of any other restrictions or easements of record affecting the Premises. F. The following signature pages are included in this Grant: Grantor - Thomas B. Brazelton, III Grantee Acceptance - Barnstable Land Trust, Inc. Approval of Town Manager Approval of Town of Barnstable Town Council Approval of the Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts. G. The following exhibits are attached and incorporated herein: Exhibit A: Legal Description of Premises Exhibit B: Reduced Copy of Recorded Plan of Premises Comment [JM24]: Veg mgt agreement included? Comment [M25]: No, kept on file with grantor and grantee, not recorded BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 19 WITNESS my hand and seal this ____day of ___________________, 2023, , Thomas B. Brazelton III STATE OF WISCONSIN County: On this day of , 2023, before me, the undersigned notary public, personally appeared Thomas B. Brazelton III, and proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the proceeding or attached document, and ackn owledged to me that s/he signed it voluntarily for its stated purpose. ______________________________ Notary Public: My Commission Expires: BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 20 ACCEPTANCE OF GRANT The foregoing Conservation Restriction from Thomas B. Brazelton III was accepted by Barnstable Land Trust, Inc. this __________ day of ________________, 2023. By: _________________________________ Leigh Townes Its: President, duly authorized By: _________________________________ Deborah Reuman Its: Treasurer, duly authorized COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. ________________ 2023 Then personally appeared the above -named Leigh Townes, President, Barnstable Land Trust, Inc. and Deborah Reuman, Treasurer, Barnstable Land Trust, Inc., the corporation named in the foregoing instrument, and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, to be the persons whose names are signed on the documen t, and each acknowledged they are duly authorized to act on behalf of said corporation, and each further acknowledged the foregoing instrument to be the free act and deed of said corporation, before me. Mark H. Robinson, Notary Public My commission expires: 8 July 2027 Comment [JM26]: Why is this language different from other notary language? Comment [M27]: Antiquated corporate acknowledgement that I like! BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 21 APPROVAL OF TOWN MANAGER I, Mark S. Ells, as Town Manager of the Town of Barnstable, Massachusetts, hereby approve the foregoing Conservation Restriction Restriction from Thomas B. Brazelton III, to the Barnstable Land Trust, Inc . pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. TOWN OF BARNSTABLE TOWN MANAGER: _____________________ Mark S. Ells THE COMMONWEALTH OF MASSACHUSETTS Barnstable, ss On the day of , 2023, before me, the undersigned notary public, personally appeared Mark S. Ells, the person whose name is signed on the document and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, and who being by me duly sworn did say that he is the Town Manager of the Town of Barnstable; that he is duly authorized to act on behalf the Town of Barnstable and he acknowledged the foregoing instrument to be his free act and deed. ______________________ Notary Public My Commission Expires Comment [WS(28]: Has the Town of Barnstable allowed the Town Manager the right to sign on behalf of the Town. If so please provide documentation allowing that right. Comment [H29]: Section 32 of Chapter 184 states in case of a restriction held by a charitable corporation or trust it is approved by the mayor, or in cities having a city manager the city manager, and the city council of the city Barnstable has a Town Manager and Town Council that both provide approval. BOWLES FIELD HISTORIC LANDSCAPE – Lot 15 CONSERVATION RESTRICTION BARNSTABLE MA 22 APPROVAL OF THE TOWN OF BARNSTABLE TOWN COUNCIL At a public meeting duly held on ___________ , 2023, the Town Council of the Town of Barnstable, Massachusetts, voted to approve the foregoing Conservation Restriction from Thomas B. Brazelton III, to the Barnstable Land Trust, Inc. in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. TOWN COUNCIL PRESIDENT:______________________ Matthew Levesque COMMONWEALTH OF MASSACHUSETTS Barnstable, ss On the day of , 2023, before me, the undersigned notary public, personally appeared Matthew Levesque, the person whose name is signed on the document and proved to me through satisfactory evidence of identification, which was , and who being by me duly sworn did say that he is the President of the Town Council of the Town of Barnstable; that he is duly authorized to act on behalf the Town Council; and he acknowledged the foregoing instrument to be the free act and deed of Town of Barnstable Town Council. Notary Public My Commission Expires: BRAZELTON – LOT 15 CONSERVATION RESTRICTION BARNSTABLE MA 23 APPROVAL OF SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS OF THE COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby approves the foregoing Conservation Restriction from Thomas B. Brazelton III to Barnstable Land Trust, Inc. in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. Dated: ________________, 2023 Rebecca L. Tepper Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss: On this day of , 2023, before me, the undersigned notary public, personally appeared Rebecca L. Tepper, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: BRAZELTON – LOT 15 CONSERVATION RESTRICTION BARNSTABLE MA 24 EXHIBIT A Description of Premises The Premises subject to this Conservation Restriction is a vacant tract of land located in Cobbs Village in the Town of Barnstable, Barnstable County, Commonwealth of Massachusetts, more particularly bounded and described as follows: The land in Barnstable in Barnstable County, Massachusetts shown as Lot 15 on a plan entitled “Plan of Land of Commerce Road Barnstable, MA, Prepared For Dillingham Properties LLC”, dated 5/18/2022 (Revised), by Daniel A. Ojala, PLS, Down Cape Engineering, Inc, 939 Main Street (Route 6A), YarmouthPort, MA 02675 and filed in the Land Registration Office in Boston as Land Court Plan 4686-G. Containing 1.4 acres, more or less. For Grantor's Title see Barnstable Registry District of the Land Court, Document # 1465529 noted on Certificate of Title # 230,821. Town of Barnstable Assessor Map 318, Portion of Parcel 025-001 & 025-002 Street Address: LOT 15, 0 Commerce Road, Barnstable, MA 02630 Comment [WS(30]: The Land Court document should be listed without a ","Comma. You can not insert that into the Registry & the document is actually Recorded # Document # 1465531-1 Please revise, thank you BRAZELTON – LOT 15 CONSERVATION RESTRICTION BARNSTABLE MA 25 EXHIBIT B Reduced Copy of Plan of Premises For official full size plan see Barnstable Registry District of the Land Court, Plan # 4686-G.