Williams Lake Conservation Easement

Disclaimer

[The following was transcribed by Christopher Beall from a copy of the document filed in Ulster County Deeds Liber 2890, Pages 2 - 33.  Notes within square brackets were added in 2009 and are not part of the recorded document.]

CONSERVATION EASEMENT DEED

THIS CONSERVATION EASEMENT DEED is entered into this 10th day of February, 1999 between ULSTER COUNTY CONSTRUCTION COMPANY, a corporation created by and under the laws of the State of New York and having its principal place of business on Binnewater Road in the Town of Rosendale, New York (herinafter "Grantor," which term and any pronouns used in place thereof, shall refer to the named Grantor, its successors and assigns, and any subsequent owner(s) of any portion of the Property or of any beneficial interest therein), and the RONDOUT-ESOPUS LAND CONSERVANCY, INC., a New York not-for-profit corporation with an address at P.O. Box 345, High Falls, New York 12440 [Now PO Box 144, Accord, NY 12404] (hereinafter "Grantee", or "Conservancy").

WHEREAS, Grantor is owner in fee of real property, consisting of approximately 422 acres in the Town of Rosendale, Ulster County, New York, more particularly described in a deed recorded at the Ulster County Clerk's Office on April 23, 1932 in Liber 558 of Deeds at page 321 and in a deed recorded at the Ulster County Clerk's Office on July 14, 1998 in Liber 2812 of Deeds at page 257; and

WHEREAS. much of the Property has remained in a substantially undisturbed, natural state and contains old mines that serve as places of hibernation (hibernacula) for the small brown bat, small-footed bat, Keen's bat, Indiana bat, eastern pipistrelle, and large brown bat; and

WHEREAS, the Indiana bat (Myotis sodalis), listed as an endangered on the date of this Easement by the United States Fish and Wildlife Service at 3111/67 in the Federal Register and the small-footed bat, listed in New York as a species of special concern as of the date of this Easement, were both found on the Property between 1989 and 1991 and again between 1995 and 1998 at the "Third Lake Mine," an extensive, old, multilevel limestone mine, with the largest occurrence of Indiana bat known in New York State; and

WHEREAS, the rare cricket frog (Acris crepitans crepitans), a threatened species, was last seen at the "Third Lake" (also known as Hidden Valley Lake), south of the Property, in 1960 and areas of the Property may provide habitat for this species; and

WHEREAS, the eastern wood rat (Neotoma floridana), believed to have been extirpated from the State, was observed on the Property 25 to 30 years ago and may still be present: and

WHEREAS, the Property includes the Fourth Binnewater, a deep natural lake with an undisturbed shoreline, providing wildlife habitat, recreational opportunities, and scenic beauty; and

WHEREAS, the Property also contains the Third Binnewater, a remote and undisturbed water body providing wildlife habitat; and

WHEREAS, the Property contains forested wetlands, riverine and palustrine wetlands that contribute to the significance of the Binnewater Lakes complex and the area's streams and water bodies; and

WHEREAS, much of the Property is covered by a hemlock-northern hardwood forest in various stages of succession and response to timber harvesting; and

WHEREAS, maintenance of a relatively undisturbed forest canopy may be critical to the viability of the bat population on the Property, and

WHEREAS, proper forest management is needed to protect these forest resources; and

WHEREAS, the aformentioned bat hibernacula, old mines, wildlife habitat, lakes and shorelines, streams, wetlands, and forest communities, in their current natural and undeveloped state are collectively referred to as Open Space Values; and

WHEREAS, the Property exists as a "relatively natural habitat of fish, wildlife, or plants or similar ecosystem" as that phrase is used in Public Law 96-541, 26 U.S.C. 170(h)(4)(ii) as amended; and

WHEREAS, the Property's Open Space Values are of great importance to the Grantor, the Grantee, the people of the State of New York and the general public and are worthy of preservation; and

WHEREAS, the Property is located southerly of the City of Kingston and development and use of the Property for all purposes presently permitted by law would have a significant effect on its Open Space Values; and

WHEREAS, the Property is located in an area where the Grantee is conducting an extensive land preservation effort; and

WHEREAS, the State of New York has recognized the importance of private efforts to preserve land in a natural, scenic and open condition and to provide for the limitation and restriction of development, management and use of such real property by conservation easement, including easements in gross, by the enactment of Article 49 of the Environmental Conservation Law; and

WHEREAS, the Grantor intends to preserve the Property's Open Space Values while continuing compatible land uses such as non-motorized recreation and carefully managed forestry, to the extent that such uses are compatible with such Values; and

WHEREAS, the Grantor, as owner in fee simple of the Property, desires to identify and to assure the preservation in perpetuity of the Property's Open Space Values; and

WHEREAS, Grantee is a "qualified organization" within the meaning of Section 170(h)(3) of the Code; and

WHEREAS, the Grantee is a not-for-profit, charitable organization incorporated under Section 402 of the Not-For-Profit Corporations Law of the State of New York and is a "not-for-profit conservation organization" as defined in article 49, Title 3 of the Environmental Conservation Law of the State of New York; and

WHEREAS, the Grantee intends, by acceptance of this Easement, forever to honor the intentions of the Grantor and represents that it possesses the ability to enforce the terms stated herein to preserve and protect in perpetuity the Open Space Values of the property;

NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained herein and pursuant to Article 49, Title 3 the Environmental Conservation Law of the State of New York, as amended, Grantor hereby conveys to Grantee a Conservation Easement ("Easement") consisting of the terms, covenants and obligation of the parties, all as set forth herein, over and across the Property:

1. Grant of Easement   Grantor grants to Grantee a perpetual Conservation Easement ("Easement") over the portion of the Property described in Schedule "A" as the Preserve Area For the Walter Williams Commemorative Conservation Easement and this Easement shall encumber the Preserve Area in accordance with the terms of the Easement.

2. Purpose and Implementation

2.1 Purpose.  The purpose of this Easement is to preserve in perpetuity the Open Space Values of the Preserve Area and to continue compatible recreational and forestry uses of the Preserve Area.

2.2 Implementation.  This Easement shall be implemented by limiting and restricting the use of the Preserve Area in accordance with the provisions of this Easement.

3. Declaration of Restrictions   The following restrictions apply to the Preserve Area and the subdivision thereof:

3.1 Subdivision

(a)   Subdivision is defined as one (1) additional division of the Preserve Area to create a lot, block or site, for any purpose.

(b)   Upon prior notice to and approval of the Grantee, Grantor may subdivide the Preserve Area in order to create one (1) additional lot, block, or site, but which subdivision shall be solely for the express purpose of a conveyance in fee to The Nature Conservancy, the State of New York or to a similar organization or government body, which conveyance shall be for the sole and express purpose of furthering the Purpose of this Easement.

(c)   Subdivision of the Preserve Area for any other purpose is prohibited.

3.2 Structures   No buildings, docks, or other improvements, regardless of their purpose or use, shall be permitted upon or within the Preserve Area except as specifically provided below:

(a)   Permitted Structures.

(1) Docks.  Grantor may construct, place, replace and maintain in any desired configuration up to 125 square feet of docking area.  Such docks shall be temporary and removed seasonally.

(2) Camping Platforms.  Grantor may construct and maintain not more than five (5) temporary camping platforms for the purpose of tent camping.  The total aggregate floor area of the tent platforms shall not exceed 300 square feet.

(3) Primitive Sanitary Facilities.  In accordance with any local, state and federal laws and regulations, Grantor may construct and maintain primitive sanitary facilities (outhouses, etc.).

(4) Lean-To structures.  Grantor may construct and maintain no more than three (3) enclosed structures (lean-to).  The total aggregate floor-space area of such structures shall not exceed 300 square feet.

(5) Interpretive Kiosks.  Grantor may construct and maintain kiosks for the purpose of explaining or interpreting the Preserve Area for the benefit of the public.

(6) Exercise Stations.  Grantor may construct, place, maintain and replace no more than six (6) exercise stations, as those items are commonly known as of the date first appearing on this Easement.

(b)  Placement of Permitted Structures.

(1) Shoreline and Wetland Setbacks.  In order to preserve the Open Space Values provided by wetlands and the shoreline surrounding the Lakes within the Preserve Area, Permitted Structures shall not be placed within 100 feet of the mean high water mark of any lake or within 100 feet of any stream or wetland.  The shoreline and wetland setback limitations shall not apply to kiosks or docks permitted herein, which kiosks and docks Grantor may place within 100 feet of the mean high water mark.

(2) Minimize disturbance.  Grantor shall nonetheless place and maintain the Permitted Structures with minimum impact to vegetation, soil and other natural features.  Grantor shall ensure that all camping and related activities are conducted in accordance with the purpose of this Easement.

3.3 Use   There shall be no commercial or industrial uses of the Preserve Area, except as specifically provided below:

(a)  Recreation.  Grantor may permit non-motorized, public recreational use of the Preserve Area, in accordance with the purpose of this Easement.  Public recreational uses may include hunting, biking, cross-country skiing, snowshoeing, and mountain biking.

(b)  Timber Harvesting.  Grantor and Grantee acknowledge that the forests within the Preserve Area contribute significantly to the Open Space Values.  Grantor may conduct limited and carefully-managed timber harvesting on that portion of the Preserve Area westerly of the power line easement.  In order to preserve the Open Space Values of the Preserve Area, no timber harvesting shall occur within the Preserve Area easterly of the power line easement.

(1)  Performance Standards.  Timber harvesting shall be performed, to the maximum extent possible, in accordance with the following Performance Standards:

(A)  Preservation of habitat for wildlife, particularly bat hibernacula and other habitats needed to sustain viable populations of rare or endanged species and any species of concern.

(B)  Protection of water quality and preservation of riparian areas (natural areas surrounding streams, lakes and wetlands).

(C)  Preservation of wetlands.

(D)  Preservation of the shoreline surrounding Fourth Lake and, as such, no timber harvesting shall occur within 100 feet of the mean high water mark of the Fourth Lake.

(E)  Maintenance of a diverse and uneven-age forest canopy.

(F)  Conservation of soil resources.

(2)  Government-Sponsored Forestry Programs.  Grantor may harvest timber in accordance with a forest management plan prepared in accordance with the Performance Standards cited herein, for and pursuant to Real Property Tax Law Section 480-(a), associated regulations and its successor laws and regulations, or a similar program that requires a forest management plan.

(3)  Other Timber Harvesting.  If Grantor is not enrolled in such a program:

(A)  Subject to the Performance Standards and restrictions contained herein, Grantor may annually harvest up to twenty (20) standard cords of firewood or five thousand (5,000) board feet of timber without a forest management plan or providing notice to Grantee.

(B)  If Grantor intends to exceed this harvest threshold for any single calendar year, Grantor shall provide Grantee with a forest management plan, which plan shall conform to the Performance Standards cited herein and shall be prepared by a forestry professional, and which plan shall also conform to the standards of Real Property Tax Law Section 480-(a), associated regulations and its successor laws and regulations, or a similar program that promotes long-term forest management practices and requires a forest management plan.

(C)  Said plan shall have been prepared not more than 10 (ten) years prior to the date any harvesting is expected to commence.

(D)  Grantors shall provide Grantee with a copy of the forest management plan no later than thirty (30) days before commencing the intended harvest.

(E)  Clear cutting, as that term is defined by a majority of forestry professionals at the time in question, shall not be practiced as an elected silvicultural option.

3.4 Application Of Pesticides   Grantor may apply pesticides in accordance with applicable laws and regulations.

(a)  Grantor may use pesticides only as necessary for forest management or the protection of Open Space Values.

(b)  Grantor may use pesticides on that part of the Preserve Area easterly of the power line easement, but only as necessary for the protection of Open Space Values and upon prior notice to and approval of the Grantee.

3.5 Excavation and Removal of Materials, Preservation of Bat Habitat  

(a)  No excavating, mining, drilling, dredging, removal of topsoil, sand, gravel, rock, minerals or other materials shall occur on the Preserve Area.

(b)  The topography of the Preserve Area shall not be changed except as necessary for those activities expressly permitted herein, or to maintain the Property's Open Space Values.

(c)  Notwithstanding the prohibitions herein, and upon prior notice to and approval of the Grantee, Grantor may act to preserve habitat for bats.

3.6 Clearing of Trees and Vegetation  

(a)  Cutting and /or removal of all or substantially all of the trees and other vegetation from any part of the Property is prohibited except as specifically permitted in paragraph (b) of Section 3.3 and paragraph (b) of this Section 3.6.

(b)  Cutting or removal of trees and other vegetation in a manner consistent with the purposes of this Easement is permitted under the following circumstances:

(1)  Cutting or removal of trees and other vegetation that are dead, diseased, or dangerous.

(2)  As necessary for the creation and maintenance of recreational trails.

(3)  As necessary to protect persons and property from harm, injury, or damage, including stabilizing stream banks.

3.7 Wastes  

(a)  The storage, disposal and discharge of waste onto or in the Preserve Area is prohibited, except for routine containerized storage of household waste and reasonable materials generated from permitted activities on the Property, prior to transport for proper disposal.

(b)  Direct or indirect disposal or discharge to surface waters of any waste, sewage, or other effluent, treated or untreated, is prohibited.

(c)  The storage or use of chemical wastes, radioactive or hazardous waste materials and ashes, including the spraying, application, dumping, injection or burial of materials then known to be hazardous is prohibited.

3.8 Motorized Vehicles and Boats  

(a)  Commercial use of the Preserve Area by any motorized vehicles, including but not limited to motorboats, snowmobiles, dune buggies, motorcycles, and off road or off trail motorized vehicles is prohibited.  Commercial use shall include rallies, races, contests and other events involving more than one such vehicle and/or the leasing, granting licenses for or renting the Preserve Area for use by such motorboat or vehicles from which the Grantor receives direct or indirect economic benefit.

(b)  Grantor may use motorized vehicles for activities permitted by this Easement, for responding to emergencies, or for inspection, maintenance, and patrolling and surveying.  The use of motorized vehicles for purposes of timber harvesting is permitted, provided such use does not interfere with the purposes of this Easement.

(c)  Except for emergencies or as necessary for inspection, maintenance, and patrolling and surveying, the use of motorized boats on any lake or other water body withing the Preserve Area is prohibited.

3.9 Water Courses   Diversion, damming, or altering any water course (intermittant stream, brook), wetland or lake is prohibited, except as a means to protect persons or property under emergency situations.

3.10 Ponds   Upon notice to and approval of the Grantee, Grantor may construct ponds, provided such activities do not interefere with the purpose of this Easement and Grantor has received all necessary permits and approvals.

3.11 Signs   No signs, billboards, or advertisements shall be displayed on the Preserve Area, except as customary for activities permitted by this Easement, posted signs and/or a small sign or plaque indicating that the Property is protected by a conservation easement.

4. Reserved Rights  

4.1 Grantor reserves for itself and its successors in interest, all rights with respect to the Preserve Area or any part thereof, including without limitation the right of exclusive use, possession, and enjoyment of the Preserve Area or any part thereof and the right to sell, transfer, lease, mortgage, or otherwise encumber the Preserve Area or any part thereof, as owner, subject to the restrictions and covenants set forth in this Easement.

4.2 Grantor reserves the right to undertake any of the activities expressly permitted pursuant to Section 3 of this Easement.

4.3 Grantor reserves the right to use, repair, maintain or relocate any and all existing trails or paths on the Preserve Area and to construct new trails and paths for the purpose of non-motorized recreational use, provided such trails or paths are constructed and maintained in a manner consistent with the purpose of this Easement.

4.4 Grantor reserves the right to take action necessary to preserve water levels or the natural purity of water on, under or flowing through the Preserve Area, to prevent erosion of any slope on the Preserve Area, and to protect public health and safety.

4.5 Nothing herein shall be construed as a grant to the general public of any right to enter upon any part of the Preserve Area.

4.6 Nothing contained herein shall restrict any party or person who may own an interest in the Preserve Area (or any part thereof) from time to time in imposing further restrictions unpon conveyance or otherwise.

5. Prior Approval  

5.1 Prior to commencing any activity for which notice and approval is required, Grantor shall submit to Grantee any plans or information specifically required by this Easement, or otherwise reasonably necessary for the Grantee to make an informed decision whether the proposed activity is consistent with the purposes of this Easement.

5.2 Within fifteen (15) days of Grantor's written request for approval:

(a)  Grantee shall notify Grantor that sufficient information was provided and review of the proposed activity has commenced.

(b)  That Grantee requires additional information to commence review of the the proposed activity.

5.3 Within forty-five (45) days of Grantor's written request for approval, Grantee shall grant, grant with conditions, or withhold its approval of the proposed activity.  Grantee's approval may be withheld only upon a reasonable determination that the activity as proposed would interfere with the purposes of this Easement.  In the event no response is mailed (certified or regular mail) or hand-delivered to Grantor in forty-five (45) days, Grantor may proceed with the proposed activity without approval of the Grantee.

6. Actions Beyond Grantor's Control   This Easement shall not be construed to entitle the Grantee to bring any legal action against Grantor for any injury to, or change in, the Preserve Area resulting from events beyond the control of the Grantor.  Such events include fire, flood, storm, earth movement, Acts of God, acts of third parties whose presence on the Preserve Area has not been authorized by Grantor, and any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Preserve Area resulting from such causes.

7. Inspection  

(a)  Grantee and its duly authorized representatives shall have the right to enter the Preserve Area at reasonable times, in a reasonable manner, and, when practicable, after giving notice to Grantor, to inspect for compliance with the terms of this Easement.

(b)  Such entry and inspection shall be conducted in such a manner so as not to disturb or otherwise negatively impact the ongoing business of Williams Lake Hotel.

8. Enforcement   Grantee may enforce this Conservation Easement at law or in equity, and/or pursuant to the provisions of Article 49, Title 3 of the Conservation Law, against any or all owners of the Preserve Area.  If there is a violation of any of the terms of this Easement, Grantee shall notify the party in violation, who shall promptly cure the violation by (a) ceasing the violation, or (b) restoring the property to the condition before the violation, or c) both, as appropriate.  If the violation continues beyond thirty (30) days of Grantee giving notice, Grantee shall have the right, but not the obligation, to cure it by direct action, including entering onto the Preserve Area and the Grantor shall reimburse Grantee for all expenses reasonably incurred to enforce the Easement and to cure the violation.  Failure to enforce any restriction or convenant contained herein shall in no event be deemed a waiver of a right to do so thereafter as to the same violation or breach, or as to one occuring prior thereto or subsequent thereto.

9. Conveyances Subject to This Easement   Any subsequent conveyance including without limitation, the transfer, lease, or mortgage of the Preserve Area or any portion thereof, shall be subject to this Easement, and any deed or other instrument of transfer shall contain language substantially as follows: "This (conveyance, lease, mortgage, easement, etc.) is subject to a Conservation Easement which runs with the land and which was granted to Rondout-Esopus Land Conservancy, Inc., dated _______ 19__, and recorded in the Ulster County Clerk's Office in Liber ____ of Deeds at page ___."  The failure to include such language shall not affect the validity or applicability of this Easement to the conveyed portion or portions of the Preserve Area.

10. Notification of Mortgage or Encumbrance   Grantor shall notify the Grantee in writing within ten (10) days after any subsequent conveyance including, without limitation, transfers of title, lease, mortgage of the Preserve Area or any part thereof, easement or any interest in the Preserve Area.  Grantor shall provide the full names and addresses of all grantees, lessees, mortgagees, etcetera, under any such conveyance.

11. Assignment or Transfer  

11.1 Grantee agrees that it will assign this Easement only to an assignee that agrees to continue to enforce the purposes of this Easement.  This Easement may only be assigned to an assignee that is a qualified organization as defined in Article 49, Title 3 of the New York State Environmental Conservation Law, as amended, and in Section 170(h) of the Internal Revenue Code, or successor provisions and regulations thereunder.  Any assignee must be an entity able to enforce this Easement and have purposes similar to those of the Grantee.  Any such assignee shall have like power of assignment or transfer.

11.2 It is a condition precedent to this conveyance that if Grantee or its successors or assigns is no longer able to assure compliance with the terms of this Easement, or cease to function as a non-profit land conservation organization, Grantee's estate established hereunder shall vest and pass to The Nature Conservancy, Inc., a District of Columbia non-profit organization with an Eastern New York Chapter Office at 200 Broadway, 3rd floor, Troy, New York, 12180 [Now 265 Chestnut Ridge Road, Mount Kisco, NY 10549], or its assigns.  Said vesting shall not be automatic, but shall be in the nature of a right of entry for condition broken, which right, if exercised by The Nature Conservancy, Inc., shall be exercised by mailing notice of violation by certified mail to Grantee.  Said notice shall state the reason The Nature Conservancy is exercising its right of entry, and shall declare that the estate established hereunder shall vest with The Nature Conservancy if the breach is not corrected with a period of ninety days.  A copy of the notice shall simultaneously be recorded on the appropriate land records.

11.3 If The Nature Conservancy or any of its successors or assigns cease or fail to enforce this Easement, cease to exist, or to be a "qualified organization", and upon the occurrence of such events fails to assign all its rights and interests in the Property and delegate all its responsibilities under this Easement to such a "qualified organization", then the rights and interests of Grantee under this Easement shall be vested in another "qualified organization" in accordance with law, regulations, or a court of competent jurisdiction.

11.4 Any assignment under this paragraph by the Grantee shall be subject to the Grantor's written approval, which Grantor shall not unreasonably withhold.

12. Indemnification   Grantor agrees to hold Grantee harmless against, to defend and to indemnify it for, any loss, cost or damage (including, without limitation, attorneys fees and court costs) resulting from injury to persons or property arising out of any act or omission with respect to the use of the Property, lawful or otherwise, by any person, except for injury or damage proximately caused by the gross negligence or intentional acts of Grantee.

13. Taxes and Assessments   Grantor remains liable for all taxes and assessments levied against the Property or any part thereof.

14. Notice  

14.1 All notices required by this Easement shall be in writing, personally delivered or deposited in a mail receptacle maintained by the United States Postal Service,  A mailed notice must be contained in an accurately addressed, sealed envelope marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested.

14.2 Notice to Grantor and Grantee shall be addressed to their respective addresses as set forth herein, or to such other addresses as they may designate by notice given in accordance with this Section 14.

14.3 Notice shall be deemed given and received as of the date of its personal delivery or date of its mailing in accordance with this Section 14.

15. Waiver   The Grantee may on a case-by-case basis waive any provisions of this Easement that it deems to be non-essential to fulfilling the Easement's conservation purposes.  Such waivers may not be granted with respect to the number of residences that may be built or lots created by subdivision,  Any waiver must be supported by a written finding in the minutes of the meeting of the Grantee at which it is approved.  Such finding shall state the rationale for allowing the waiver and shall indicate why such a waiver will not compromise the conservation purposes of this Easement.  Such individual waivers will not affect the future applicability of any waived provisions as applied to other situations, and any provision waived in an individual case shall continue in full force and effect for other cases.  Any such waiver shall comply with Article 49, Title 3 of the Conservation Law, Section 170(h) of the Internal Revenue Code, and any regulations promulgated thereto.  Copies of resolutions of the Grantee's Board of Directors approving such waivers shall be kept in the Grantee's permanent file with this Easement.  The Grantee shall, if requested by an owner, issue a certificate of compliance indicating that an alteration of the Preserve Area undertaken pursuant to this Section was undertaken pursuant to an approved waiver of this Easement.

16. Amendment   This Easement may be amended only by recorded instrument signed by Grantor and the Grantee.  Any such amendment shall be consistent with the purposes of this Easement and shall comply with Article 49, Title 3 of the Conservation Law, Section 170(h) of the Internal Revenue Code, and any regulations promulgated thereto, and to amendment policies duly adopted by the Grantee.

17. Extinguishment  

17.1 Grantor and Grantee acknowledge that the granting of this Easement constitutes the donation to Grantee of a fully vested interest in the Preserve Area.

17.2 If and when the restrictions contained in this Easement are involuntarily extinguished by eminent domain or otherwise, Grantor and Grantee agree to divide the proceeds in proportions equal to the fair market value of their interests in the Preserve Area as of the date of execution of this Easement, unless laws of the State of New York provide otherwise.  For purposes of this paragraph 17.2, Grantor and Grantee agree that the value of the Grantee's interest on the date of execution of this Easement shall equal the amount by which the fair market value of the Preserve Area immediately prior to the execution of this Easement is reduced by the restrictions imposed by this Easement.  Grantee agrees to devote the proceeds it receives in a manner consistent with the conservation purposes inherent in this Easement.

17.3 If this Easement is extinguished pursuant to a judicial proceeding initiated by Grantor, Grantor shall pay to Grantee the greater of the amount specified in subparagraph 17.2 above or the fair market value of the Easement on the date of the judicial extinguishment, as determined by an independent appraisal, the cost of which shall be divided equally between Grantor and Grantee.

18. Eminent Domain  

18.1 If and when the rights conveyed by, or restrictions contained in, this Easement are ever involuntarily extinguished by eminent domain taking or otherwise, Grantor and Grantee agree to divide the proceeds in proportions equal to the market value of their interests in the Preserve Area as of the date of the execution of this Easement, unless the laws of the State of New York provide otherwise.

18.2 Grantor and Grantee shall take the following actions if all or any part of the Preserve Area is taken under the power of eminent domain by public, corporate or other authority, or otherwise acquired by such authority through purchase in lieu of taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof:

(a)  Join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Preserve Area subject to taking and all incidental or direct damages resulting from the taking.

(b)  Pay, out of the recovered proceeds, all expenses reasonably incurred by the Parties to this Easement in connection with such taking.

18.3 Grantee shall be entitled to a proportionate share of the remaining recovered proceeds.

19. Subject to Conditions of Record   This Easement is subject to all rights, covenants, conditions, easements and other matters of record and shall not abrogate, impair or otherwise affect any rights that persons other than the Grantor may have to use the Preserve Area pursuant to any such rights, covenants, easements and other matters of record.

20. Vesting of Rights   This Easement gives rise to a property right and interest immediately vested in Grantee.

21. Binding Effect   This Easement shall run with the Preserve Area in perpetuity and shall bind Grantor.

22. Maintenance   Grantor shall reasonably preserve, protect and maintain the Preserve Area in furtherance of the purposes of this Easement, at Grantor's sole cost.

23. Extinguishment of Development Rights   Grantor hereby grants to Grantee all development rights now or hereafter associated with the Preserve Area, except as specifically provided herein.  The Parties agree that all development rights not reserved herein are extinguished and that the Preserve Area's acreage may not be used to calculate permissible density or lot yield for any other land.

24. Further Covenants  

24.1 In the event Grantee reasonably determines that any modification, waiver or amendment is required, or the execution and delivery by Grantor of any additional document or instrument, is necessary or desirable to qualify or perfect this Easement as a conservation easement authorized under Article 49, Title 3 of the New York State Environmental Conservation Law, Grantor shall promptly execute and deliver to Grantee such instruments of modification, amendment, other documents or instruments as Grantee may reasonably request.

24.2 Grantor represents and warrants that it is seized of the Preserve Area in fee simple and that it possesses full right and authority to grant and convey this Easement.

25. Severability   Invalidation of any provision of this Easement, by court judgement, order, statute, or otherwise, shall not effect any other provisions, which shall be and remain in force and effect.

26. Corporate Assets   This conveyance does not constitute a conveyance of all or substantially all of the Grantor's assets.

IN WITNESS WHEREOF, Grantor has executed and delivered this Conservation Easement Deed as of the date set forth above.

ULSTER COUNTY CONSTRUCTION COMPANY, INC.

By:
Anita W Peck
Title: President

STATE OF NEW YORK, COUNTY OF ULSTER ss.:
On the 10th day of February 1999, before me personally came ANITA W. PECK, to me known, who being by me duly sworn, did depose and say that she resides at Binnewater Road, Rosendale, N.Y. that she is the President of ULSTER COUNTY CONSTRUCTION COMPANY, INC., the corporation described in and which executed the foregoing instrument by order of the Board of Directors os said corporation; and that she signed her name thereto by like order.

X [Unreadable signature]
Notary public

[Stamped]
GERALD. L. WAPNER
Notary Public, State of New York
Reg. #4151775
Qualified in Ulster County
Commission Expires December 31, 1999

Accepted, ROUNDOUT-ESOPUS LAND CONSERVANCY, INC.
A New York not-for-profit corporation

By: Raecine Shurter
Raecine Shurter, President

Ulster County Construction Company to Rondout-Esopus Land Conservancy
Schedule A

DESCRIPTION OF A CONSERVATION EASEMENT
TO BE GRANTED BY
ULSTER COUNTY CONSTRUCTION CO., INC.
IN FAVOR OF ROUNDOUT ESOPUS LAND CONSERVANCY, INC.
TOWN OF ROSENDALE, ULSTER COUNTY, NEW YORK

Beginning at a point on the Easterly side of the Fourth Binnewater, formerly lands of Laura Pine, et al, Liber 1400 Page 1098, now Ulster County Construction Co., Inc., Liber 2812 Page 0256, and running:

1) thence from said point of beginning along the Easterly side of the Fourth Binnewater, as it winds and turns, the following courses and distances: Westerly 1,900± feet to a point on the Northerly line of lands of Ulster County Construction Co., Inc., Liber 1207 Page 0067;

2) thence along the Northerly line of lands of Ulster County Construction Co. Inc., Southerly and Westerly, 700± feet to a point at the Southeasterly corner of lands of Gertrude Lanitis, Liber 1486 Page 0840 [Now Marilyn and Gary Patrik, Liber 3238 Page 1];

3) thence along the Westerly side of the Fourth Binnewater and the Easterly line of lands of Tony Lanitis - Liber 1486 Page 0840, Robert A. and Betsy D. McMann - Liber 2188 Page 0077, Edward and Margaret Erickson - Liber 1465 Page 1011, Stanley and Jeannette Schuster - Liber 2587 Page 0060 [?Now part of Burgher - Liber 2654 Page 226?], George A. and Evelyn G. Burgher - Liber 1157 Page 0649 and Liber 610 Page 0063, Evelyn Burgher - Liber 1466 Page 1153 [The previous three parcels now apparently all George Burger and with revised deed references] and Mary E. Florey, Liber 1943 Page 0037 [Now Mary Fairchild - ?Liber 3805 Page 56?], Northerly 1,100± to the Southeasterly corner of lands of Kenneth P. and Adele M. Pangburn, Liber 1394 Page 0155 [Now George Bean - Liber 2941 Page 87];

4) thence along the Easterly, Northerly and Westerly line of lands of Pangburn Northerly, Westerly and Southerly, 1,600± feet to a point;

5) thence along the Westerly side of the Fourth Binnewater and the Easterly side of Binnewater Road, Northerly, 700± [Current county records show a narrow strip of land between the lake and the road as lands of Herbert C. Miller, Jr.]; to the Southeasterly corner of lands of Robert F. Dougherty and Karen L. Onderko, Liber 2507 Page 0079 [Now John Leguizamo - Liber 4524 Page 41];

6) thence along the Westerly side of the Fourth Binnewater and the Easterly line of lands of Daugherty and Onderko, Northerly, 900± feet to the Southwesterly corner of lands of Richard Moscowitz, Liber 2229 Page 20;

7) thence along the Westerly side of the Fourth Binnewater and the Southerly and Easterly line of lands of Moscowitz, Easterly and Northerly, 1,300± feet to the Southeasterly corner of lands of Geraldine Dreiser, Liber 2080 Page 206 [Now Catherine and Peter Brown - Liber 3454 Page 205];

8) thence along the Westerly line of the Fourth Binnewater and the Easterly line of lands of Dreiser, Northerly, 250± feet to the Southeasterly corner of lands of Virgil Mc Intosh, Liber 1412 Page 260 [Now Liber 4328 Page 50];

9) thence along the Westerly side of the Fourth Binnewater and the Easterly line of lands of Mc Intosh, Northerly, 400± feet to a point;

10) thence along the Fourth Binnewater, Easterly and Northerly, to the Southwesterly corner of lands of Robert Mehennet, Liber 1474 Page 425 [Now Ralph Kirk and Frances Kuzman - Liber 2453 Page 74. The 'southwesterly corner' seems to be a reference to parcel 62.2-4-5.4, which is only part of the referenced deed.];

11) thence along the Southerly line of lands of Menhennet Southeasterly 442± feet to a point;

12) thence Northeasterly 28.3± feet to a point;

[Course 13 is omitted]

14) thence Southeasterly 576.2± feet to a point;

15) thence along the Easterly line of lands of Menhennet Northeasterly 1,985.5± feet to a point at the Southeasterly corner of lands of Henry H. Hahn, Liber 1927 - Page 174 [Now Ulster County Cohousing LLC - Liber 4439 Page 71];

16) thence along the Easterly line of lands of Hahn Northeasterly 605.8± feet to a point;

17) thence along the Northerly line of lands of Hahn Northwesterly 50.8± [County maps show this distance to actually be close to 620 feet]to a point at the Southeasterly corner of lands of David Badian, Liber 1542 - Page 108 [Now Norman Kellar - Liber 2948 Page 286];

18) thence along the Easterly and Northerly line of lands of Badian the following courses and distances: Northeasterly 550.4± feet to a point;

19) thence Easterly 264± feet to a point;

20) thence Northeasterly 660± feet to a point;

21) thence Northwesterly 557± feet to a point at the Southeasterly corner of lands of Norman Kellar, Liber 2111 - Page 262;

22) thence along the Easterly and Northerly line of lands of Kellar the following courses and distances: Northeasterly 294± feet to a point;

23) thence Northwesterly 274± feet to a point;

24) thence Northeasterly 590.1± feet to a point;

25) thence Northwesterly 500± feet to a point on the approximate Town Line between the Towns of Hurley and Rosendale;

26) thence along the approximate Town Line between the Towns of Hurley and Rosendale Northeasterly 1,100± feet to a point on the Southerly line of lands of SPM Associates [Now MHAK Holding LLC - Liber 2778 Page 176];

27) thence along the Southerly line of lands of SPM Associates, Debra Muenzler, Liber 2516 - Pag 224, and Esther Adin, Liber 2160 - Page 96 [It appears that the three preceding parcels are now all part of MHAK Holdings LLC], Easterly 747.8± feet to a point on the Westerly line of lands of Paul and Agnes McGinnis, Liber 1564 - Page 60 [Now NJ Bible Church Inc - Liber 2721 Page 215];

28) thence along the Westerly and Southerly line of lands of McGinnis the following courses and distances: Southwesterly 429± feet to a point;

29) thence Southeasterly 1,610± feet to a point on the Westerly line of lands of Hidden Valley Realty Corp., Liber 1367 - Page 507 [Now Stone Ridge Country Properties & Development LLC - Liber 4272 Page 15];

30) thence along the Westerly line of lands of Hudson [sic] Valley Realty Corp. the following courses and distances: Southwesterly 1,730.5± feet to a point;

31) thence Easterly 51± feet to a point;

32) thence Southwesterly 3,779.67± feet to a point on the Northerly side of Hickory Bush-Whiteport Road [Ulster County maps show an additional southeast segment of about 60 feet before the road side is reached.];

33) thence along the Northerly side of Hickory Bush-Whiteport Road Southwesterly 440± feet to a point on the Easterly line of lands of the Town of Rosendale, Liber 2264 - Page 320 and Liber 759 - Page 94 [This includes a crossing of a 100-foot Central Hudson corridor, once thought to be a right-of-way but since determined to be owned.];

34) thence along the Easterly, Northerly and Westerly line of lands of the Town of Rosendale the following courses and distances: Northwesterly 500± feet to a point;

35) thence Southwesterly 450± feet to a point;

36) thence Southwesterly 400± feet to a point;

37) thence Easterly 120± feet to a point;

38) thence Southwesterly 883± feet to a point on the Westerly line of other lands of Ulster County Construction Co., Inc., Liber 1620 Page 83, formerly Wallkill Valley Railroad Company;

39) thence along the Northerly side of other lands of Ulster County Construction Co., Inc., formerly Wallkill Valley Railroad Company, 1,350± feet to a point on the Easterly line of other lands of Ulster County Construction Col., Inc., Liber 558 - Page 321;

40) thence along the Easterly line of other lands of Ulster County Construction Co., Inc., Liber 558 - Page 321, 50± feet to the place of beginning.

CONTAINING: 426± Acres

Excepting and reserving from the above described premises a 10.083 acre parcel of land to be conveyed by Ulster County Construction Co., Inc. to New York State Department of Environmental Conservation [Liber 3021 Page 163], and more particularly shown on Map of Lands to be acquired pursuant to Section 3-0305 of the New York State Environmental Conservation Law, Project WH-Ulster 245, prepared by New York State Department of Environmental Conservation, Bureau of Real Property, Region #3, and dated September 14, 1998.  The legal description of said 10.083 acre parcel is attached hereto as Schedule A.  [Note that this creates a second Schedule A within this one recorded document.]

The above described conservation easement is shown on a Map of Lands of Binnewater Realty Corp. and Ulster County Construction Co., Inc., prepared by Brinnier and Larios, P.C., dated December 11, 1997 and revised August 7, 1998.

[The following illustration shows the easement area in green (land) and blue/grey (water) in relation to surrounding parcels.  The diagonal line at top left is the Rosendale/Hurley town line.
Map of the easement. ]

The above described premises are subject to a twenty (20') foot wide right-of-way running Northerly and Easterly across lands of the Village and Town of Rosendale, from the Hickory Bush-Whiteport Road to the Easterly bounds of a one hundred (100') foot wide right-of-way of the Central Hudson Gas & Electric Corporation.

The above described premises are subject to a fifty (50') foot right-of-way leading from the Easterly bounds of Central Hudson Gas & Electric Corporation Northerly to the Southerly bounds of the 10.083 acre parcel to be conveyed by Ulster County Construction Co., Inc. to New York State Department of Environmental Conservation, Bureau of Real Property, said easement more particularly shown on the above referenced map.

The above described premises are subject to a one hundred (100') foot wide Central Hudson Gas & Electric Corporation right-of-way more particularly described in Liber 529 Page 37.

DECEMBER 24, 1998
REVISED JANUARY 12, 1999

CHRISTOPHER J. ZELL, P.L.S.

SCHEDULE A

ALL THAT CERTAIN TRACT OR PARCEL OF LAND in Lot Nos. 73, 74, 75, 76, 77 and 78 of the Hurley Commons situate in the Town of Rosendale, County of Ulster and State of New York being more particularly bounded and described as follows:

COMMENCING at a point marked by a recovered railroad spike set in pavement on the north side of Whiteport Road (also known as Hickory Bush Road), said point marking the southwesterly corner of lands conveyed to the Town of Rosendale by Ulster County Construction Co., Inc. by deed dated February 25, 1993, recorded in the Ulster County Clerk's Office on March 24, 1993 in Liber 2264 of Deeds at Page 319 and the southeaseterly corner of lands conveyed to the Village of Rosendale by Ulster County Construction Co., Inc. by deed dated March 3, 1950, recorded in the Ulster County Clerk's Office on March 20, 1950 in Liber 759 of Deeds at page 94,

thence running from said Point of Commencement North 72 degrees 37 minutes 58 seconds East for a distance of 228.09 feet to a point in the center of said Whiteport Road marking the center of a 100 foot wide parcel of land as shown upon a certain map entitled: "Central Hudson Gas & Electric Corp., Ohioville - N. Catskill 110 K.V. Line Right of Way Across Coykendall Estate and S. Elmendorf Prop'y" dated October 21, 1927, filed in the Ulster County Clerk's Office on December 30, 1927 as Map number 1046 in Map Book 12 at Page 18, said filed map showing lands conveyed to Central Hudson Gas and Electric Corporation by Edward Coykendall, as trustee for the last Will and Testament of Samuel D. Coykendall by deed dated December 30, 1927, recorded in the Ulster County Clerk's Office on January 5, 1928 in Liber 529 of Deeds at page 37;

thence along the centerline of said lands of Central Hudson Gas & Electric Corporation (Liber 529 Cp. 37) the following two (2) courses and distances;

1)       North 20 degrees 11 minutes 27 seconds West 195.97 feet to a point marked by a recovered three-quarter inch iron pipe; and

2)       North 10 degrees 13 minutes 46 seconds East 1,548.09 feet to a point, thence running through said lands of Central Hudson Gas & Electric Corporation (Liber 529 Cp. 37) South 79 degrees 46 minutes 14 seconds East for a distance of 50.00 feet to the POINT OR PLACE OF BEGINNING, said point being marked by a set one-half inch iron rod with a plastic cap stamped "N.Y.S.DEC" in a stone pile on the easterly bounds of said lands of Central Hudson Gas & Electric Corporation (liber 529 Cp. 37),

thence running from said POINT OR PLACE OF BEGINNING, through the lands of the Grantor herein the following six (6) courses and distances:

1)       North 42 degrees 17 minutes 22 seconds East 434.03 feet to a point marked by a set one-half inch iron rod with a plastic cap stamped "N.Y.S.DEC" in a stone pile;

2)       South 86 degrees 46 minutes 17 seconds East 328.30 feet to an 18 inch diameter hemlock tree marked on four sides as a corner;

3)       South 13 degrees 25 minutes 27 seconds East 168.37 feet to a point marked by a set one-half inch iron rod with a plastic cap stamped "N.Y.S.DEC" in a stone pile;

4)       South 27 degrees 28 minutes 19 seconds West 645.96 feet to a point marked by a set one-half inch iron rod with a plastic cap stamped "N.Y.S.DEC" in a pile of stones on the east side of a wood road;

5)       South 38 degrees 14 minutes 57 seconds West 268.38 feet to a point marked by a set one-half inch iron rod with a plastic cap stamped "N.Y.S.DEC" in a stone pile on the east side of a wood road,; and

6)       North 71 degrees 21 minutes 11 seconds West 309.57 feet to a point on the easterly bounds of said lands of Central Hudson Gas & Electric Corporation (Liber 529 Cp. 37), said last mentioned course passes through the top of a found one and one-quarter inch iron bar driven in rock at a distance of 292.32 feet,

thence along the easterly bounds of said lands of Central Hudson Gas & Electric Corporation (liber 529 Cp.37), North 10 degrees 13 minutes 46 seconds East a distance of 554.91 feet to the POINT OR PLACE OF BEGINNING.

[The following diagram shows the above parcel.  Point #1 is the railroad spike at which the plat commences, while point #5 is the POINT OR PLACE OF BEGINNING.  Segments 1-5 serve to locate the parcel with respect to the railroad spike which is a reference point for this and the subsequent parcels.  Segments 2-3 and 3-4 are also the centerline of the 100 foot Central Hudson right-of-way (repeated in a later plat).
Plat of the DEC parcel. ]

TOGETHER WITH a right-of-way for ingress, egress and regress in Lot Nos. 76, 77 and 78 of the Hurley Commons situate in the Town of Rosendale, County of Ulster and State of New York being more particularly bounded and described as follows:

BEGINNING at a point marked by a recovered railroad spike set in pavement on the north side of Whiteport Road (also known as Hickory Bush Road), said point being the southwesterly corner of lands conveyed to the Town of Rosendale by Ulster County Construction Co., Inc. by deed dated February 25, 1993, recorded in the Ulster County Clerk's office on March 24, 1993 in Liber 2264 of Deeds at page 319, and the southeasterly corner of lands conveyed to the Village of Rosendale by Ulster County Construction Co., Inc. by deed dated March 3, 1950, recorded in the Ulster County Clerk's Office on March 20, 1950 in Liber 759 of Deeds at page 94;

thence along the southerly bounds of said lands of the Village of Rosendale (Liber 759 Cp. 94) South 63 degrees 49 minutes 14 seconds West for a distance of 10.16 feet to a point,

thence running through the lands of the said Village of Rosendale (Liber 759 Cp. 94) North 36 degrees 19 minutes 45 seconds West for a distance of 160.74 feet to a point,

thence running through the lands of the said Village of Rosendale (Liber 759 Cp. 94) and running through the lands said of the Town of Rosendale (Liber 2264 Cp. 319) North 24 degrees 34 minutes 45 seconds West for a distance of 427.20 feet to a point,

thence through said lands of the Town of Rosendale (Liber 2264 Cp. 319) North 50 degrees 14 minutes 50 seconds East for a distance of 10.35 feet to a point,

thence continuing through the lands of the Town of Rosendale (Liber 2264 Cp. 319) and running through the lands of the Grantor herein North 67 degrees 21 minutes 05 seconds East for a distance of 295.16 feet to a point,

thence continuing through the lands of the Grantor herein, and through the lands of Central Hudson Gas & Electric Corporation (Liber 529 Cp.37) South 79 degrees 46 minutes 14 seconds East for a distance of 267.12 feet to a point marked by a set stone on end in a pile of stones on the easterly bounds of said Central Hudson Gas & Electric Corporation (Liber 529 Cp. 37),

thence throught he lands of the Grantor herein the following five (5) courses and distances:

1)       North 38 degrees 37 minutes 20 seconds East 154.65 feet to a point marked by a set one-half inch iron rod with a plastic cap stamped "N.Y.S.DEC" in a stone pile;

2)       North 31 degrees 22 minutes 23 seconds East 504.54 feet to a point on the southerly bounds of the lands first above described;

3)       along said southerly bounds of the lands first above described South 71 degrees 21 minutes 11 seconds East 51.26 feet to a point marked by a set one-half inch iron rod with a plastic cap stamped "N.Y.S.DEC" in a stone pile, being the southeasterly corner of the lands first above described;

4)       South 31 degrees 22 minutes 23 seconds West 519.00 feet to a point marked by a set one-half inch iron rod with a plastic cap stamped "N.Y.S.DEC" in a stone pile; and

5)       South 38 degrees 37 minutes 20 seconds West 250.32 feet to a point marked by a set one-half inch iron rod with a plastic cap stamped "N.Y.S.DEC" in a stone pile on the easterly bounds of said lands of Central Hudson Gas & Electric Corporation (Liber 529 Cp. 37),

thence along said easterly bounds of said lands of Central Hudson Gas & Electric Corporation (Liber 529 Cp. 37) North 10 degrees 13 minutes 46 seconds East for a distance of 85.15 feet to a point,

thence through the said lands of Central Hudson Gas & Electric Corporation (Liber 529 Cp.37) and through the lands of the Grantor herein North 79 degrees 46 minutes 14 seconds West for a distance of 261.22 feet to a point,

thence continuing through the lands of the Grantor herein and through the lands of said Town of Rosendale (Liber 2264 Cp. 319) South 67 degrees 21 minutes 05 seconds West for a distance of 278.57 feet to a point,

thence continuing through the said lands of the Town of Rosendale (Liber 2264 Cp. 319) the following two (2) courses and distances;

1)       South 24 degrees 34 minutes 45 seconds East 407.50 feet to a point; and

2)       South 36 degrees 19 minutes 45 seconds East 162.26 feet to a point on the southerly bounds of lands of said Town of Rosendale (Liber 2264 Cp. 319), said point being on the north side of said Whiteport Road,

thence along said southerly bounds of said lands of the Town of Rosendale (Liber 2264 Cp. 319) South 63 degrees 49 minutes 14 seconds West for a distance of 10.16 feet to the POINT OR PLACE OF BEGINNING.

[The following diagram shows the above parcel.  Point #1 is the railroad spike at which the plat begins and ends.  Point#10 corresponds to point #10 on the plat of DEC lands, above.
Plat of the access to DEC land. ]

ALSO TOGETHER WITH a 100 foot wide right-of-way for ingress, egress and regress across lands of aforsaid Central Hudson Gas & Electric Corporation (Liber 529 Cp. 37) as shown on aforesaid filed Map No. 1046, being in Lot Nos. 75, 76, 77 and 78 of the Hurley Commons situate in the Town of Rosendale, County of Ulster and State of New York, the centerline of which being more particularly bounded and described as follows:

COMMENCING at a point marked by a recovered railroad spike set in pavement on the south side of said WhitePort Road (also known as Hickory Bush Road), said point being the soutwesterly corner of lands conveyed to the said Town of Rosendale by Ulster County Construction Co., Inc by deed dated February 25, 1993, recorded in the Ulster County Clerk's Office on March 24, 1993 in Liber 2264 of Deeds at page 319, and the southeasterly corner of lands conveyed to the said Village of Rosendale by Ulster County Construction Co., Inc by deed dated March 3, 1950, recorded in the Ulster County Clerk's Office on March 20, 1950 in Liber 759 of Deeds at page 94,

thence running from said Point of Commencement North 72 degrees 37 minutes 58 seconds East for a distance of 228.09 feet to the POINT OF BEGINNING, being the intersection of the centerline of said Whiteport Road and the center of a 100 foot wide parcel of land as shown on Map entitled: "Central Hudson Gas & Electric Corp., Ohioville - N. Catskill 110 K.V. Line Right of Way Across Coykendall Estate and S. Elmendorf Prop'y" dated October 21, 1927, filed in the Ulster County Clerk's Office on December 30, 1927 as Map No. 1046 in Map Book 12 at Page 18, said filed map showing lands conveyed to Central Hudson Gas and Electric Corporation by Edward Coykendall, as trustee for the last Will and Testament of Samuel D. Coykendall by deed dated December 30, 1927, recorded in the Ulster County Clerk's Office on January 5, 1928 in Liber 529 of Deeds at page 37,

thence along the centerline of said lands of Central Hudson Gas & Electric Corporation (Liber 529 Cp. 37) the following two (2) courses and distances;

1)       North 20 degrees 11 minutes 27 seconds West 195.97 feet to a point marked by a recovered three-quarter inch iron pipe; and

2)       North 10 degrees 13 minutes 46 seconds East 1,548.09 feet to a point, said point being on a course of North 79 degrees 46 minutes 14 seconds West a distance of 50.00 feet from a set one-half inch iron rod with a plastic cap stamped "N.Y.S.DEC" in a stone pile on the easterly bounds of said lands of Central Hudson Gas & Electric Corporation (Liber 529 Cp. 37), said point also marking the Point of Beginning of the first above described parcel of land.

[The following diagram shows the above parcel.  Point #1 is the railroad spike at which the plat begins.  Segments 2-3 and 3-4 are the centerline of the 100 foot side right-of-way, while the reference stub leading southeast from corner #4 ends at the POINT OR PLACE OF BEGINNING on the DEC lands plat (corner #5 on that plat).
Plat of the access to Central Hudson transmission line land. ]

[End of transcription.]

Last updated 26 May 2012.

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