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Ipswich Conservation Office

MEMORANDUM
February 19, 2016
To:

Board of Selectmen

From: Alicia Geilen, Agent


RE:

Acceptance of Conservation Restriction 208 Argilla Road (Map 44, lot 10)

At their February 3, 2016 meeting, the Ipswich Conservation Commission voted unanimously in favor of
the Trustees of Reservations (TTOR) accepting a Conservation Restriction (CR) for 208 Argilla Road,
and recommended approval of the Board of Selectmen for same. This 15.3 acre property is owned by Ron
and Karen OHanley, who are donating the CR to TTOR. The property is located primarily within the
Great Marsh Area of Critical Environmental Concern (ACEC) and abuts TTORs Crane Reservation to
the west. Substantial public benefits from the permanent protection of this land includes: scenic
enjoyment and outdoor recreation by the general public, protection of wildlife habitat, and contribution to
the integrity of an historic property (Crane Estate, and Great Marsh ACEC).
Prohibited uses of the property are listed on pages 2 and 3 of the CR (attached); reserved rights are listed
on pages 3 and 4. All monitoring of the CR to ensure compliance will be performed by TTOR. Per
M.G.L. 18 Section 32, the Board of Selectmen must vote to approve the acceptance of the CR, and sign
page 14 of the CR, before the document goes on to the state or their approval.
If needed, I can attend the Selectmens meeting on Monday, February 22, 2016 to answer questions.

Grantor: Ronald P. and Karen E. OHanley


Grantee: The Trustees of Reservations
Address of Premises: 208 Argilla Road, Ipswich
For title see: Essex South District Registry of Deeds Book 14106, Page 307.

CONSERVATION RESTRICTION
to
The Trustees of Reservations
OHanley CR, Ipswich
RONALD P. and KAREN E. OHANLEY, with an address of 208 Argilla Road, Ipswich, being all
the owners of the granted premises and intending hereby to bind themselves and their heirs,
successors and assigns, who are collectively referred to herein as Grantor, acting pursuant to
Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, hereby grant, with
quitclaim covenants and as a gift, for nominal consideration, to The Trustees of Reservations, a
Massachusetts charitable corporation established under Chapter 352 of the Acts of 1891,
qualified to hold Conservation Restrictions in accordance with Chapter 184 of the
Massachusetts General Laws, and having an address at 572 Essex Street, Beverly, Massachusetts
01915, its successors and permitted assigns ("Grantee"), in perpetuity and exclusively for
conservation purposes, the following described Conservation Restriction (hereinafter, the
Conservation Restriction or the Restriction) on a 15.3 acre portion of a 17.017 +/-acre
parcel of land shown as Restricted on a plan entitled Conservation Restriction Plan of Land
in Ipswich, MA, property of Ronald P. & Karen E. OHanley, dated May 27, 2015, by Donohoe
Survey, Inc., and recorded herewith, located in the Town of Ipswich, Massachusetts (hereinafter
the Premises). A reduced copy of said plan is attached hereto as Exhibit A.
For Grantors title to the Premises, see Essex County South District Registry of
Deeds Book 14106, Page 307.
Purpose. This Conservation Restriction (Restriction) is defined in and authorized by Sections
31-33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. Its purpose is
to assure that the Premises will be retained in perpetuity predominantly in their natural, scenic,
and open condition and to prevent any use of the Premises that will materially impair or
interfere with the conservation values of the Premises. The public benefits resulting from
conservation of the Premises include, without limitation:
The Premises are a significant natural area which qualifies as a . . . relatively natural habitat of
fish, wildlife, or plants, or similar ecosystem, as that phrase is used in P.L. 96-541, 26 USC
170(h)(4)(A)(ii), as amended, and in regulations promulgated thereunder; specifically, the
Premises are identified by the Massachusetts Natural Heritage and Endangered Species Program
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(NHESP) as BioMap 2 Core Habitat for Species of Conservation Concern, and as Aquatic Core;
the Premises are identified by NHESP as BioMap2 Critical Natural Landscape as a Landscape
Block, for Coastal Adaptation for sea level rise, and as Upland Buffer for Aquatic Core; the
Premises are identified by NHESP as Priority Habitat and Estimated Habitat; the Premises are
part of the duly-designated Great Marsh Area of Critical Environmental Concern. Definitions
and descriptions of these resources are attached hereto as Exhibit B.
The protection of the Premises will preserve open space and enhance the scenic enjoyment
of the general public as that phrase is used in P.L. 96-541, 26 USC 170(h)(4)(A)(iii)(I), as
amended, and in regulations promulgated thereunder; specifically, the Premises are located with
over 700 linear feet of frontage on Argilla Road, a duly-designated scenic road pursuant to
M.G.L. Ch., 40, Sect. 15c; and the Premises are identified as a Distinctive/Noteworthy Scenic
Landscape by the Commonwealth of Massachusetts;
The protection of the Premises is also in furtherance of a clearly delineated Federal, State or
local governmental conservation policy, as that phrase is used in P.L. 96-541, 26 USC
170(h)(4)(A)(iii)(II), in that the Open Space and Recreation Plan for the Town of Ipswich 20132020 cites as Goal 1 Acquire and Protect Significant Land for Open space and Recreation,
Objective 1-1 Acquire and protect land for open space and recreation; Goal 2: Preserve the
Historic, Agricultural, and Scenic Character of the Town, Objective 2-2 Promote and protect
natural, historic, and scenic features in Ipswich; and Goal 3: Protect and Manage Critical
Natural Resources, Objective 3-2 Permanently protect salt marshes, and Objective 3-3,
Continue and enhance protection of wildlife habitats and riverways..
The protection of the Premises will also expand and buffer an extensive conservation area
centered on the Great Marsh and Plum Island Sound consisting of land owned or protected by
a federal agency (United States Fish & Wildlife Service); the Commonwealth of Massachusetts
(Division of Fisheries & Wildlife and Department of Conservation and Recreation);
municipalities (Town of Rowley and Town of Ipswich), and non-governmental agencies (The
Trustees of Reservations and the Essex County Greenbelt Association).
The conservation values of the Premises and the public benefits of this Conservation
Restriction are described in more detail in a Baseline Documentation Report (BDR) to be
kept on file at the office of Grantee, with a copy provided to the Grantor, and incorporated
herein by this reference. Grantor and Grantee hereby acknowledge that this Report provides
an accurate representation of the condition and the values of the Premises at the time of the
granting of this Conservation Restriction and is intended to serve as an objective information
baseline for subsequent monitoring of compliance with the terms of this Conservation
Restriction as described herein. Notwithstanding the BDR, the parties may utilize any other
evidence of the condition of the Premises at the time of this grant, should the BDR be
unavailable or if it does not adequately address the issues presented.
The terms of this Restriction are as follows:
A. Prohibited Uses. Except as provided in the reserved rights set forth in paragraph B
below, the Grantor will neither perform nor allow others to perform the following acts and
uses, which are expressly prohibited on, above and under the Premises:
2

(1)
Constructing, placing or allowing to remain any temporary or permanent
building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete
pavement, sign, fence, billboard or other advertising display, antenna, utility pole, tower,
conduit, line or other temporary or permanent structure or facility on, above or under
the Premises;
(2)
Mining, excavating, dredging or removing from the Premises of soil, loam, peat,
gravel, sand, rock or other mineral resource or natural deposit; alteration of the existing
natural topography of the Premises; withdrawal of surface or ground water from the
Premises.
(3)
Placing, filling, storing, burying or dumping of soil, refuse, trash, vehicle bodies or
parts, rubbish, debris, junk, waste or other substance or material whatsoever or the
installation of underground storage tanks;
(4)

Cutting, removing or otherwise destroying trees, grasses or other vegetation;

(5)
Activities detrimental to drainage, flood control, water conservation, water
quality, erosion control, soil conservation, or archaeological conservation;
(6)
The use, temporary or permanent parking, or storage of motorcycles, motorized
trail bikes, snowmobiles and all other motor vehicles, except as necessary for the police,
firefighters or other governmental agents to carry out their lawful duties;
(7)
Conveyance of a part or portion of the Premises alone, or division or subdivision
of the Premises;;
(8)

The use of the Premises for:


a) Transfer of development rights to any property, whether or not adjacent to the
Premises;
b) Use in any calculations involving development of this or any other property,
whether or not adjacent to the Premises, in any manner whatsoever;

(9)
Any other use of the Premises or activity that is inconsistent with the purpose of
this Restriction or that would materially impair its conservation interests, unless the use
or activity is necessary in an emergency for the preservation of the Premises or
otherwise in an emergency and is temporary in duration.
B.
Reserved Rights. All acts and uses not prohibited in paragraph A are
permissible, provided that such acts and uses do not materially impair the purpose or
conservation values of this Restriction or other significant interests. The following acts and
uses, otherwise prohibited in Paragraph A, are permitted, but only if such uses and activities do
not materially impair the purpose or conservation values of this Restriction.

1. Recreational Activities. Fishing, clamming, hunting, boating, hiking, horseback


riding, snowshoeing, cross-country skiing and other non-motorized outdoor
recreational activities that do not materially alter the landscape, degrade
environmental quality, or involve more than de minimis use for commercial
recreational activities.
2. Forestry. In accordance with generally accepted forest management practices,
(a) selective pruning and cutting to prevent, control or remove hazards, disease
or insect damage, fire, or to preserve the present condition of the Premises,
including vistas, wood roads and trails; (b) harvesting trees to provide firewood
for use by the Grantor at the abutting single-family residence; and (c) following
notice to Grantee, the cutting of trees for any purpose, including without
limitation commercial timber production, in accordance with a plan, prepared by
a professional forester licensed pursuant to M.G.L. C. 132, Sections 47-50
inclusive, and approved by the Grantee, that is designed to protect the
conservation values of the Premises, including without limitation, scenic and
wildlife habitat values and water quality.
3. Agricultural Uses. Agricultural, horticultural and animal husbandry operations
carried on in accordance with sound agricultural management practices
(including without limitation the cultivation of existing fields, the mowing and
grazing of existing meadows and the installation of sight pervious, non-chain link
fences) designed to protect the conservation values of the Premises including,
without limitation, wildlife habitat values and water quality.
4. Composting & Burning. The stockpiling, burning, and composting of stumps, tree
and brush limbs and similar biodegradable materials originating on the Premises
in locations where the presence of such activities will not have a deleterious
impact on the purposes or conservation values of this Restriction.
5. Equestrian Uses. The construction, use, maintenance, repair, relocation and
replacement of sight pervious, non-chain link fences, jumps and other minor
structures for use in raising, boarding, exercising and training horses.
6. Wildlife Habitat Improvement. With the prior written permission of Grantee,
measures designed to restore native biotic communities, or to maintain, enhance
or restore wildlife, wildlife habitat, or rare or endangered species.
7. Archaeological Investigations. The conduct of archaeological activities, including
without limitation survey, excavation and artifact retrieval, following submission
of an archaeological field investigation plan and its approval in writing by Grantee
and the State Archaeologist of the Massachusetts Historical Commission (or
appropriate successor official).
8. Signs. The erection, maintenance and replacement of signs with respect to
hunting, trespass, trail access, identity and address of the occupants, sale of the
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property, the Grantee's interest in the property, and the protected conservation
values.
9. Septic System. With the prior written approval of the Grantee, which approval
shall not be unreasonably withheld, the installation, maintenance, repair and
replacement of a septic system to serve the existing or a replacement residence
located on Grantors adjacent un-restricted land. Said approval shall only be
granted upon a showing that no practical alternative site exists on Grantors
adjacent un-restricted land, and provided that the Premises and the abutting
residence are in common ownership.
10. Subdivision. Conveyance of a part or portion of the Premises, or division or
subdivision of the Premises, for conservation purposes, shall be permitted with
the written consent of the Grantee; conveyance of the Premises in its entirety
shall be permitted, provided that any such conveyance is subject to, and
consistent with, the terms of this Conservation Restriction

The exercise of any right reserved by Grantor under this paragraph B shall be in compliance
with the then-current Zoning By-Law of the Town of Ipswich, the Wetlands Protection Act
(Massachusetts General Laws Chapter 131, Section 40) and all other applicable federal, state
and local law. The inclusion of any reserved right in this paragraph B requiring a permit from a
public agency does not imply that the Grantee or the Commonwealth takes any position as to
whether such permit should be issued.
C.
Notice and Approval. Whenever notice to or approval by Grantee is required
under the provisions of paragraphs A or B, Grantor shall notify Grantee in writing, delivered to
the Grantee at the address provided herein, by Certified Mail, return receipt requested, not
less than sixty (60) days prior to the Grantors commencement of the activity in question. The
notice shall describe the nature, scope, design, location, timetable and any other material aspect
of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as
to its consistency with the purposes or conservation values of this Restriction. Where
Grantee's approval is required, Grantee shall grant or withhold its approval in writing within
sixty (60) days of receipt of Grantor's written request therefor, provided that the Grantors
request complies in every respect with the requirements of this paragraph. Grantee's approval
shall not be unreasonably withheld, but shall be granted only upon a showing that the proposed
activity will not materially impair the purposes of this Restriction. Failure of Grantee to
respond in writing within such 60 days to a request which complies with the requirements of
this paragraph shall be deemed to constitute approval by Grantee of the request as submitted,
so long as the request sets forth the provisions of this section relating to deemed approval after
the passage of time, and provided that the requested activity is not prohibited herein, and will
not materially impair the purposes or conservation values of this Restriction.
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D.

Extinguishment.
1.
Grantees Receipt of Property Right. The Grantor(s) and the Grantee
hereby acknowledge that the donation of this Conservation Restriction gives rise
to a real property right, immediately vested in the Grantee, with a fair market
value that is equal at least to the proportionate value that this Conservation
Restriction, determined at the time of the gift pursuant to Section 170(h) of the
Internal Revenue Codebears to the value of the unrestricted Premises at that
time. The parties shall include the ratio of those values with the Baseline
Documentation of the Premises acknowledged by the parties and on file in the
offices of the Grantee.
2.
Value of Grantees Property Right. Such proportionate value of the
Grantees property right shall remain constant.
3.
Right of Grantee to Recover Proportional Value at Disposition. If
circumstances arise in the future that render the purpose of this Restriction
impossible to accomplish, and that therefore necessitate the extinguishment of
this Restriction pursuant to the provisions of Treas. Reg. Section 1.170A14(g)(6), then this Restriction can be terminated, released or extinguished,
whether in whole or in part, only by proceedings consistent with M.G.L. C. 184,
including review and approval by the Secretary of Energy and Environmental
Affairs, and by judicial proceedings in a court of competent jurisdiction. Unless
otherwise required by applicable law at the time, upon the subsequent sale,
exchange or involuntary conversion of the Premises after such termination or
extinguishment, after deducting the value of improvements made by Grantor
after the effective date of this Restriction, Grantee shall receive the percentage
interest to which it is entitled pursuant to this paragraph and paragraphs D.1 and
D.2, above, from the remaining proceeds of such sale, exchange or involuntary
conversion, and after complying with the terms of any gift, grant or funding
requirements. The owner in whose name the Premises are titled at the time of
such post-termination sale, exchange of involuntary conversion shall bear
responsibility for the satisfaction of any claims or liens against the Property at
such time.

Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the
Premises or any interest therein is taken by public authority under power of eminent domain
or other act of public authority, then the Grantor and Grantee shall cooperate in recovering
the full value of all direct and consequential damages resulting from such action. All related
expenses incurred by Grantor and Grantee shall first be paid out of any recovered proceeds,
and the remaining proceeds shall be distributed between the Grantor and Grantee in shares
equal to such proportionate value. If less than a fee interest is taken, the proceeds shall be
equitably allocated according to the nature of the interest taken.
4.
Continuing Trust of Grantees Share of Proceeds of Conservation
Restriction Disposition. In all cases arising under this paragraph D, the Grantee
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shall use its share of the proceeds in a manner consistent with the conservation
purposes of this grant.
5.
In the event of extinguishment or taking by public authority, the
provisions of this Paragraph D shall survive such extinguishment or taking.
E.
Access. The Restriction hereby conveyed does not grant to Grantee, to the
public generally, or to any other person any right to enter upon the Premises except as follows:
Grantor hereby grants to the Grantee and its representatives the right to enter the Premises
(a) with reasonable notice, at reasonable times and in a reasonable manner for the purpose of
regular monitoring and inspecting the same to determine compliance herewith, including the
right to access the Premises over roads and rights of way owned by the Grantor and any rights
of way or other access ways now or hereafter available to Grantor for access to the Premises,
and (b) after 30 days prior written notice, to take any and all actions with respect to the
Premises as may be necessary or appropriate, with or without order of court, to remedy, abate
or otherwise enforce any violation hereof.
F.
Grantees Right to Post Identifying Signage. The Grantee shall have the right to
post signs on the boundaries of the Premises, identifying the Grantee and its interest in the
Premises, and informing the public of the nature and public benefit of the conservation of the
Premises.
G.
Legal Remedies of Grantee. The rights hereby granted shall include the right to
enforce this Restriction by appropriate legal proceedings and to obtain injunctive and other
equitable relief against any violations, including without limitation relief requiring restoration of
the Premises to their condition prior to such violation (it being hereby acknowledged that
Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition
to, and not in limitation of, any other rights and remedies available to Grantee. All reasonable
costs incurred by Grantee in enforcing the terms of this Conservation Restriction against
Grantor, including without limitation costs and expenses of suit and reasonable attorneys fees,
and any costs of restoration necessitated by Grantors violation of the terms of this
Conservation Restriction, shall be borne by Grantor; provided, however, that if Grantor is not
found to have violated the Restriction, each party shall bear its own costs. By its acceptance of
this Conservation Restriction, Grantee does not undertake any liability or obligation relating to
the condition of the Premises not caused by Grantee or its agents, including with respect to
compliance with hazardous materials or other environmental laws and regulations. Any
election by the Grantee as to the nature and timing of its actions pursuant to 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.
H.
Indemnification. Grantor is responsible to pay and discharge when due all
property taxes and assessments lawfully imposed and to avoid the imposition of any liens that
may impact Grantees rights hereunder. Grantor acknowledges that Grantee has no
possessory rights in the Premises, nor any responsibility or right to control, maintain, or keep
up the Premises. Grantor is responsible for all costs and responsibility of ownership, control,
operation, maintenance, and upkeep of the Premises. If Grantee is ever required by a court to
7

pay damages resulting from personal injury or property damage that occurs on the Premises,
other than as the direct result of actions by Grantee or its agents, the Grantor shall indemnify
and reimburse the Grantee for these payments, as well as for reasonable attorneys fees and
other expenses of defending itself.
I.
Acts Beyond Grantor's Control. Nothing contained in this Restriction shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in
the Premises resulting from causes beyond the 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 Premises resulting
from such causes. In the event of damage to the Premises from acts or events beyond the
Grantors control, if it is determined to be desirable that the Premises be restored, the parties
will cooperate in attempting to restore the Premises if feasible Nothing herein should be
construed to preclude or limit Grantors and/or Grantees rights to recover damages from any
third party for trespass or other violation of their respective rights in this Conservation
Restriction and in the Premises. Each party hereby acknowledges the others standing to
pursue such damages, and each party is obligated hereby to cooperate with the others action
to recover such damages.
J.
Duration and Assignability. The burdens of this Restriction shall run with the
Premises and shall be enforceable against Grantor in perpetuity. Grantee is authorized to
record or file any notices or instruments appropriate to assuring the perpetual enforceability of
this Restriction.
The Grantor appoints the Grantee its attorney-in-fact to execute,
acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the
Grantor agrees itself to execute any such instruments upon request. The benefits of this
Restriction shall inure to the Grantee, shall be in gross, and shall not be assignable by Grantee,
except in the following instances from time to time: (i) as a condition of any assignment,
Grantee requires that the purpose of this Restriction continue to be carried out; (ii) the
assignee, at the time of assignment, qualifies under Section 170(h) of the Internal Revenue Code
of 1986, as amended, and applicable regulations thereunder, and under Section 32 of Chapter
184 of the Massachusetts General Laws, as an eligible donee to receive this Restriction directly;
and (iii) Grantee complies with the provisions required by Article 97 of the Amendments to the
Constitution of the Commonwealth of Massachusetts, if applicable.
K.
Subsequent Transfers. The Grantor shall incorporate by reference the terms of
this Conservation Restriction in any deed or other legal instrument by which he divests himself
of any interest in all or a portion of the Premises, including a leasehold interest, and shall notify
the Grantee within 20 days of such transfer and provide a true, complete and correct copy of
any such transfer instrument.. Failure to do so shall not impair the validity or enforceability of
this Conservation Restriction, but shall constitute a default by Grantor hereunder. Any
transfer shall comply with article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts, if applicable.
Termination of Rights and Obligations. Notwithstanding anything to the
contrary contained herein, the rights and obligations under this Restriction of any party holding
L.

any interest in the Premises terminate upon transfer of that party's interest, except that liability
for acts or omissions occurring prior to transfer, liabilities arising under Paragraphs D and L
(above), and liability for the transfer itself if the transfer is in violation of this 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.
M.
Estoppel Certificates. Upon request by Grantor, Grantee shall within forty-five
(45) days execute and deliver to Grantor any document, including an estoppel certificate, that
certifies the status of Grantor's compliance with any obligation of Grantor contained in this
Restriction, or that otherwise evidences the status of this Restriction, as may reasonably be
requested by Grantor.
N.
Amendment. If circumstances arise under which an amendment to or
modification of this Conservation Restriction would be appropriate, Grantor and Grantee may
jointly amend this Conservation Restriction; provided that no amendment shall be allowed that
will affect the qualification of this Conservation Restriction or the status of Grantee under any
applicable laws, including Section 170(h) of the Internal Revenue Code of 1986 as amended, or
Sections 31-33 of Chapter 184 of the General Laws of Massachusetts. Any amendment shall
occur only in exceptional circumstances, and the purposes of the amendment may include, but
not be limited to, the clarification of an ambiguity, the strengthening of the Restriction, the
resolution of a bona fide boundary dispute, or the correction of a drafting or scriveners error.
Any amendment shall be consistent with the purposes of this Conservation Restriction, shall
not affect its perpetual duration, shall be approved by the Secretary of Energy and
Environmental Affairs or as required by applicable statutes in effect at the time of the proposed
amendment and, if applicable, shall comply with the provisions of Article 97 of the
Massachusetts Constitution. Any such amendment shall be recorded in the Essex County
South District Registry of Deeds.
O.
Effective Date. This Conservation Restriction shall be effective when the
Grantor and the Grantee have executed it, the administrative Approvals required by Section 32
of Chapter 184 of the General Laws have been obtained, and it has been recorded in a timely
manner in the Essex County South District Registry of Deeds.
P.
Notices. Any notice, 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, addressed to the party to be notified at the address
last known to the notifying party.
Q.

Miscellaneous:
(1)

Controlling Law. The interpretation and performance of this Restriction


shall be governed by the laws of the Commonwealth of Massachusetts.

(2)

Liberal Construction. Any general rule of construction to the contrary


notwithstanding, this Restriction shall be liberally construed in favor of the
grant to effect the purpose of this Restriction and the policy and purpose
of Mass. Gen. Laws Chapter 184, Sections 31-33. If any provision in this
instrument is found to be ambiguous, an interpretation consistent with the
purpose of this Restriction that would render the provision valid shall be
favored over any interpretation that would render it invalid.

(3)

Severability. If any provision of this Restriction shall to any extent be held


invalid, the remainder shall not be affected.

(4)

Entire Agreement. This instrument sets forth each and every right and
obligation of the parties with respect to the Restriction and supersedes all
prior discussions, negotiations, understandings, or agreements relating to
the Restriction, all of which are merged herein.

(5)

Joint Obligation. The obligations imposed by this Restriction upon the


parties that together comprise "Grantor" shall be joint and several.

(6)

Captions. The captions in this instrument have been inserted solely for
convenience of reference. They are not a part of this instrument and shall
have no effect upon construction or interpretation.

(7)

Pre-existing rights of the Public. Approval of this Restriction pursuant to


M.G.L Chapter 184, Section 32 by any municipal officials and by the
Secretary of Energy and Environmental Affairs 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. Any such pre-existing rights of
the public, if any, are not affected by the granting of this Restriction.

(8)

No 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 will not grant, and the Grantee will not take, title to any part
of the premises without having first assigned this Conservation
Restriction, in accordance with Paragraph J, above , to ensure that merger
does not occur and that this Restriction continues to be enforceable by a
non-fee owner.

(9)

Counterparts. This Restriction may be executed in counterparts which


shall constitute a single instrument whether or not all signatures appear
on a single copy hereof.

(10)

Baseline Documentation: In order to establish the present condition of the


Premises and the conservation values thereon which are protected by this
Conservation Restriction, so as to enable the Grantee to monitor future
uses of the Property and to assure compliance with the terms hereof,
10

Grantor and Grantee have prepared an inventory of the relevant features


and conditions of the Premises (the Baseline Documentation Report),
and acknowledge that the same is an accurate representation of the
condition of the Premises as of the date of the execution of this
Conservation Restriction. Verified originals of the Baseline
Documentation Report will be deposited with the Grantor and in the
permanent records of the Grantee. If the originals of said Baseline
Documentation Report are subsequently destroyed by casualty or other
circumstance, other evidence may be offered by the parties to establish
the condition of the property as of the date of this Restriction.
(11)

Subordination. Grantor represents, and Grantee relies on Grantors


representation, that as of the date of this grant there are no liens or
mortgages outstanding against the Premises. Any such interests which
would disqualify this conveyance for treatment as a qualified conservation
contribution in accordance with Section 170(h) of the Internal Revenue
Code of 1986, as amended, and applicable regulations thereunder, are
subordinated to this Conservation Restriction by subordination
documents recorded herewith. Grantor has the right to use the Premises
as collateral to secure the repayment of debt, provided that the right of
the Grantee to enforce the terms, restrictions and covenants created
under this Conservation Restriction, and the Grantees right to recover its
proportional share of the value of the Premises pursuant to Paragraph D
hereof, shall not be extinguished by foreclosure of any mortgage or any
publicly or privately placed lien recorded subsequently to the effective
date hereof. The terms of this Conservation Restriction, and Grantees
right to enforce them, shall be superior to any mortgage or lien so
recorded.

(12)

Homestead. By our signatures hereto, Grantors subordinate and waive


any M.G.L. Chapter 188 homestead rights add benefits we may have in and
to the Premises, and we swear under pains and penalties of perjury, that
there is no one else entitled to Chapter 188 homestead rights and benefits
that has not subordinated and waived them by affixing their signatures
hereto.

(13)

Attached hereto and incorporated herein are the following signatures:


Grantors: Ronald P. and Karen E. OHanley
Grantee: Barbara Erickson, President & CEO
Approval of Ipswich Board of Selectmen
Approval of Secretary of MA Executive Office of Energy & Environmental
Affairs
Exhibit A: Sketch Plan
Exhibit B: Natural Resource Descriptions

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No documentary stamps are required, as this Restriction is a gift.


Executed under seal this _________ day of ________________, 20__.
_____________________________
_____________________________
COMMONWEALTH OF MASSACHUSETTS
_______________, ss.

____________________, 20__

On this ____ day of _____________, 200_, before me, the undersigned notary public,
personally appeared ____________________, proved to me through satisfactory evidence
of identification, which was ____________________________, to be the persons whose
names are signed on the preceding or attached document, and acknowledged to me that they
signed it voluntarily for its stated purpose
_____________________________
Notary Public
My commission expires:

12

ACCEPTANCE OF GRANT
The above Conservation Restriction from Ronald P. and Karen E. OHanley is accepted this
_______ day of _______________, 20__.
THE TRUSTEES OF RESERVATIONS
By __________________________
Its__________________________

COMMONWEALTH OF MASSACHUSETTS
_______________, ss.

____________________, 20__

On this ____ day of _____________, 200_, before me, the undersigned notary public,
personally appeared ____________________, proved to me through satisfactory evidence
of identification, which was ____________________________, to be the persons whose
names are signed on the preceding or attached document, and acknowledged to me that they
signed it voluntarily for its stated purpose, and that they are authorized to do so on behalf of
the Corporation..
_____________________________
Notary Public
My commission expires:

13

APPROVAL OF SELECTMEN
We, the undersigned, being a majority of the Selectmen of the Town of Ipswich, Massachusetts,
hereby certify that at a public meeting duly held on _________________________, 20__ the
Selectmen voted to approve the foregoing Conservation Restriction from Ronald P. and Karen
E. OHanley to The Trustees of Reservations pursuant to M.G.L. Chapter 184, Section 32.
Selectmen
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
COMMONWEALTH OF MASSACHUSETTS
_______________, ss.

____________________, 20__

On this ____ day of _____________, 200_, before me, the undersigned notary public,
personally appeared ________________________, _____________________ ,
________________________, _____________________ , and
____________________, proved to me through satisfactory evidence of identification, which
was ____________________________, to be the persons whose names are signed on the
preceding or attached document, and acknowledged to me that they signed it voluntarily for its
stated purpose.
_____________________________
Notary Public
My commission expires:

14

APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS


COMMONWEALTH OF MASSACHUSETTS
The undersigned, Secretary of the Executive Office of Energy and Environmental Affairs of the
Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction
to The Trustees of Reservations has been approved in the public interest pursuant to M.G.L.
Chapter 184, Section 32.
Date: ____________________, 20__
____________________________________
Secretary of Energy and Environmental Affairs

COMMONWEALTH OF MASSACHUSETTS
_______________, ss.

____________________, 20__

On this ____ day of _____________, 200_, before me, the undersigned notary public,
personally appeared ____________________, proved to me through satisfactory evidence
of identification, which was ____________________________, to be the persons whose
names are signed on the preceding or attached document, and acknowledged to me that they
signed it voluntarily for its stated purpose.
_____________________________
Notary Public
My commission expires:

15

Exhibit ASketch Plan

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