Conservation Easement

Disclaimer

In early 1999, Anita Peck, as President of Ulster County Construction Company, granted to RONDOUT-ESOPUS LAND CONSERVANCY, INC. a conservation easement on some 426 acres of land to create the "Preserve Area For the Walter Williams Commemorative Conservation Easement".  The easement was intended "to preserve in perpetuity the Open Space Values of the Preserve Area and to continue compatible recreational and forestry uses of the Preserve Area."  Links on this page point to the relevant sections of an annotated transcript of the actual easement.

Lands included

The protected land includes all of Fourth Binnewater Lake up to the shoreline on the west and southwest.  Also protected is all of the land of Ulster Construction Company north of a point near where the right-of-way of the Wallkill Valley Railroad skirts the southeast corner of the lake and extending northward to the Rosendale-Ulster town line.  The right-of-way of the railroad is not within the protected area.  These lands include a peninsula on the north shore of the lake and another on the southeastern shore.  This land also includes the Third Binnewater Lake (not to be confused with Hidden Valley Lake, which is sometimes referred to as Third Lake).  Exempt from the easement are an imbedded 10 acre parcel conveyed to NY DEC for the protection of Indiana Bat habitat and rights-of-way to access both that parcel and a Central Hudson electric transmission line.  The annotated transcript includes a map of the Preserve Area.

Restrictions on use

The easement restricts how the land (and water) can be used.  Exceptions to most of the restrictions can be obtained from the Conservancy via a one-time-use waiver, provided the purpose of the easement is not compromised.  Amendments to the easement must be approved by both parties.

Prohibited

Prohibited activities include:

• Subdivision, except a one-time division to further the purpose of the easement.
• Structures, except as noted in the next section, and generally not within 100 feet of wetlands.
• Commercial use, except for recreation and timber harvesting as noted in the next section.
• Excavation.
• Clear cutting of trees or vegetation.
• Storage or dumping of wastes.
• Use of motorized vehicles (including boats), except for maintenance, permitted timber harvesting, and emergencies.
• Alteration of water courses.
• Signs, unless related to permitted activities.

Permitted

• Up to 125 square feet of seasonal docks.
• Up to 5 temporary camping platforms.
• Primitive sanitary facilities, such as outhouses.
• Up to 3 lean-tos.
• Interpretive kiosks.
• Up to 6 exercise stations.
• Non-motorized recreation, such as hiking, biking, and hunting.  NOTE: Nothing in the easement either guarantees or prohibits access by the general public.
• Selective timber harvesting, west of the power-line easement, in annually-limited quantities and using methods consistent with the purpose of the Preserve.
• Application of pesticides, consistent with the purpose of the Preserve.
• Construction of ponds.
• Relocation of existing trails and construction of new ones.

Enforcement of the easement is the responsibility of the Rondout-Esopus Land Conservancy, Inc.

Last updated 29 Jan 2014.

Research index