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Dec 4, 2007 draft

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Dec 4, 2007 draft

     March 2008 In all cases except where the Conservation If there is a mortgage, a subordination must be recorded prior to the CR (see sample) Commission is the Grantee, the Conservation Be sure to leave an adequate margin and room above the heading for recording information. Check Commission‟s certificate must be obtained to give

    notice to them that the land will be protected. the appropriate Registry of Deeds for their new recording requirements. WRONG: Conservation Easement CONSERVATION RESTRICTION RIGHT: Conservation Restriction OR

    Conservation Restriction and Easement (when sending drafts, date the draft and number pages) (be certain to include the bold provisions) ALL owners must be listed.

    “successors and assigns” must precede “Grantor” I, ________________ , East Main Street, Anywhere, Bristol County, Massachusetts, being the sole

    and “successors and permitted assigns” must (or all of the) owner(s), for my successors and assigns (“Grantor”), acting pursuant to Sections precede “Grantee”. 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, hereby grant to XXX [or, if to

    a municipality, the Town of ____________, acting by and through its Conservation Town CRs must be held by the Conservation

    Commission or other agency whose purposes Commission, by authority of Chapter 40 Section 8C], and its permitted successors and assigns include holding conservation or recreation (“Grantee”), for (state the consideration), in perpetuity and exclusively for conservation lands. A town cannot hold a CR over its own purposes, the following Conservation Restriction on a parcel of land located in the Town of ______, property, as that would result in merger (see non-

    merger section). Massachusetts constituting approximately ___ acres [OR “a _____ acre portion of a _______ acre parcel” if the CR is over a portion of a parcel] (“Premises”), and more particularly described in Area of CR must be stated and whether the CR is Exhibit A and attached plan/sketch plan. For Grantor’s title see ___________ County Registry over all or a portion of one or more parcels.

     of Deeds Book ______, page ______. Must have an Exhibit A metes and bounds legal [If there is a mortgage, you must obtain a subordination and record it prior to the CR]. description or a recorded or registered plan

    [If the CR was required as part of a permit, mention the permit.] showing boundaries (see M.G.L. c. 184 sec. 26(c)).

    The restricted area on plans must be labeled as a [If there are building envelopes or exclusions, mentioned them] Conservation Restriction. [If the CR will be a charitable deduction, include IRS language, make sure the purposes and prohibited acts to comply with IRS requirements] BASELINE SURVEYS apply to Conservation

    Commissions as well as land trusts, to be completed prior to the grant. I. PURPOSES: PURPOSES

    Need to identify the specific attributes of the CR This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the that are being protected. If the CR is required as a General Laws and otherwise by law. The purpose of this Conservation Restriction is to assure that condition of a permit, the permit restrictions and the Premises will be maintained in its current condition in perpetuity and for conservation items that are listed as needing protection should

    be incorporated into the CR, and a copy of the purposes, predominantly in a natural, scenic and undeveloped condition, and to prevent any use or permits provided with the draft CR. If the CR is a change that would materially impair or interfere with its conservation and preservation values. charitable donation or bargain sale for which a tax [State if the CR was purchased with or required by a grant or CPA funds and include the grant deduction will be sought, listing any state or local documents and a certified or attested copy of any town meeting votes showing the purpose of

    the purchase as an exhibit. Town meeting votes should include authorization for the granting of

    a CR. A vote for a CPA purchase should state that the purchase is for specific categories within

    “open space”, rather than just “open space purposes,” to avoid later disputes over the uses to

    government programs that have identified the area, be allowed, such as active vs. passive recreation.] or local, state or federal investment in or grants that have assisted with the protection of nearby These values include the following: [THIS SHOULD REFLECT THE ATTRIBUTES OF YOUR areas is strongly advised]

     CR AND SHOULD BE SPECIFIC TO THE CR PREMISES]: The Conservation Commission certification is Examples of values: some evidence of furtherance of local initiatives or Open Space Preservation. [Mention if this ties in to an Open Space Plan. Example:] The policies. (only required if the Conservation

    Commission is not the Grantee) protection of the Premises contributes to the protection of the scenic and natural character of ________ and the protection of the Premises will enhance the open-space value of these lands.

     Scenic Protection. The Premises are located within the 1992 Massachusetts Landscape Inventory listed as being important for its natural, scenic, and historic features.

     Flood Plain Protection. The majority of the Premises lies within the 100-year floodplain. The protection of this floodplain will ensure the continued availability of this flood storage during major storm events.

     Protection of Wildlife Habitat. The entire Premises falls within an area designated as “Priority Habitat for State-Protected Rare Species” by the Massachusetts Natural Heritage Program. The

     Premises contains approximately 3 acres of wooded wetlands and an approximately 1/2-acre vernal pool. [If there are particular listed species or habitat, note them]

     Furtherance of Government Policy. Protection of the Premises furthers the Town of xxx‟s 1996 If trails and passive recreation are for the benefit of Open Space and Recreation Plan: the protection of the Town‟s scenic landscape (Objective 2a), the the owner, but not the public, it goes in the protection of forest and farmland (Objective 2b), the protection of the Town and Region‟s water “reserved rights” section, not in the purposes

    section, since private use is not a public benefit. resources (Objectives 3a & 5a), and provides extra protection to the Town‟s most fragile resources (Objective 3b). [If the CR is a charitable deduction, it should identify any federal, state, regional Prohibited Acts or local initiatives or policies; i.e., the BioMap, Natural Heritage, Living Waters, etc.] Acts must explicitly be listed as “prohibited on,

    above and below the Premises.” Public access trails for passive recreation, education, and nature study. Alternate language Grantor will not perform, and will take reasonable actions to prevent II. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED USES others from performing the following acts and

    uses, which are prohibited, on above or below the Premises” A. Prohibited Acts and Uses

     or

     Subject to the exceptions set forth herein, the Grantor will not perform or permit the

    following acts and uses which are prohibited on, above, and below the Premises:

(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, Grantor will not allow, either by explicit billboard or other advertising display, antenna, utility pole, tower, conduit, line or other permission or tacit approval” temporary or permanent structure or facility on, above or under the Premises;

    or (2) Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel, “Grantor will neither perform nor allow…” sand, rock or other mineral resource or natural deposit or otherwise make topographical

     changes to the area; Parties to the CR may want to add other prohibitions, tailored to their circumstances. If the (3) Placing, filling, storing or dumping on the Premises of soil, refuse, trash, vehicle bodies or parties want to allow a use that is prohibited in this section, it should go in the Reserved Rights parts, rubbish, debris, junk, waste or other substance or material whatsoever or the installation section, rather than here. So, if forestry and cutting of underground storage tanks; cordwood is allowed, you would still leave item #4 here, and then just allow the desired activity, tailored to the agreement of the parties, in the (4) Cutting, removing or otherwise destroying trees, grasses or other vegetation; reserved rights section. (5) Activities detrimental to drainage, flood control, water conservation, water quality,

     erosion control, soil conservation, or archaeological conservation; The parties may want to consider whether or not to (6) Use, parking or storage of vehicles including motorcycles, mopeds, all-terrain vehicles, allow bicycles, snowmobiles, etc.

     trail bikes, or any other motorized vehicles on the Premises except for vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials) in carrying out their lawful duties;

     Subdivision (7) The disruption, removal, or destruction of the stone walls or granite fence posts on the Premises If the CR is required as part of a permit process, [if applicable]; the wording would be “no portion of the Premises may be used towards further building or development requirements on this or any other (8) Subdivision or conveyance of a part or portion of the Premises alone, or division or parcel.” Or “no portion of the Premises may be subdivision of the Premises (as compared to conveyance of the Premises in its entirety which used towards building or development

    requirements on this or any other parcel other than shall be permitted), and no portion of the Premises may be used towards building or those required by the permits mentioned herein.” development requirements on this or any other parcel.

     (9) The use of the Premises for more than de minimis commercial recreation, business, residential

     or industrial use of the Premises.

     (10) Any other use of the Premises or activity thereon which is inconsistent with the purpose

    of this Conservation Restriction or which would materially impair its conservation interests.

     B. Reserved Rights and Exceptions

     The Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only if such uses and activities do not materially impair the conservation values or Preferred: purposes of this Conservation Restriction: “All acts and uses not specifically allowed are

    prohibited.” Alternate: [Insert appropriate reservations of rights, such as the following examples] “All acts and uses not prohibited herein are permissible, but only if such uses and activities

    do not materially impair the purpose of this (1) Recreational Activities. Fishing, boating, hiking, horseback riding, cross-country skiing and Conservation Restriction or other significant other non-motorized outdoor recreational activities that do not materially alter the landscape, do not conservation interests.” degrade environmental quality, or do not involve more than de minimis use for commercial

     recreational activities; If allowed activities will involve the use of motor

    vehicles (such as forestry or agriculture) and the (2) Vegetation Management. In accordance with generally accepted forest management practices, parties wish to make it clear that vehicles used for

    these purposes are allowed: Use of motorized removing of brush, selective de minimis pruning and cutting to prevent, control or remove hazards, vehicles only as necessary (1) to conduct [the disease, insect or fire damage, or to preserve the present condition of the Premises, including vistas, permitted activities such as forestry, agriculture, woods roads, fence lines and trails and meadows; [Vistas and woods roads needs to be defined to etc.] but not including recreational activities, and

    provided such use is not detrimental to water prevent clear cutting for a 360? vista; multiple 50‟ wide woods roads, etc. tie in to a defined area, quality, wetland integrity, fragile habitat, and soil, by using language such as “as shown on Baseline Survey” (make sure the survey exists)] wildlife, and plant conservation, and that such use

    is restricted to designated areas such as roads or

    trails designated as suitable with approval of [if forestry is to be allowed, must be conducted in accordance with a forest management plan and Grantee. (Where appropriate) (2) to allow Grantee Forest Cutting Plan approved by The Department of Conservation and Recreation acting by and to carry out inspection of the Premises. through its State Forester (or any successor agency) and designed to protect and enhance the

    With the approval of the Grantee, the right conservation values of the Premises, including, without limitation, water quality, water features, to conduct or allow others to conduct active forest scenic views, wildlife habitat, etc.] management in accordance with a Forest

    Stewardship Plan prepared by a Massachusetts

    licensed consulting forester and approved by a (3) Non-native or nuisance species. The removal of non-native or invasive species, the state Service Forester. interplanting of native species, and the control of species in a manner that minimizes damage to surrounding, non-target species and preserves water quality.

     (4) Composting. The stockpiling and composting of stumps, trees and brush limbs and similar biodegradable materials originating on the Premises, provided that such stockpiling and composting

     is in locations where the presence of such activities will not have a deleterious impact on the purposes (including scenic values) of this Restriction;

     (5) 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 including selective planting of native trees, shrubs and plant

    species;

     (6) 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);

     (7) Trails. The marking, clearing and maintenance of footpaths and the periodic. Trails are to be To allow maximum flexibility for unforeseen not wider than ____ feet; circumstances or needs, you may want to consider:

    “Such other non-prohibited activities requested by (8) Signs. The erection, maintenance and replacement of signs with respect to hunting, trespass, the Grantor and expressly approved in writing by trail access, identity and address of the occupants, sale of the Premises, the Grantee's interest in the the Grantee, in its sole and exclusive discretion, Premises, and the protected conservation values; and, which permission may only be given if the Grantee

    expressly finds that the activity is consistent with, and does not materially impair, the purposes or (9) Permits. The exercise of any right reserved by Grantor under this Paragraph B shall be in conservation values of the Premises.” compliance with zoning, the Wetlands Protection Act, and all other applicable federal, state and local

     laws, rules, regulations, and permits. The inclusion of any reserved right requiring a permit from a

    public agency does not imply that the Grantee or the Commonwealth takes any position whether such permit should be issued. Consent for prohibited activities will generally require an amendment which C. Notice and Approval. Whenever notice to or approval by Grantee is required under the must be approved by the Secretary of provisions of paragraphs A or B, Grantor shall notify Grantee in writing not less than 60 days prior to EOEEA and recorded (to avoid title the date Grantor intends to undertake the activity in question. The notice shall describe the nature, issues and later claims of violations). scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of

    Notice and Approval this Conservation Restriction. Where Grantee‟s approval is required, Grantee shall grant or withhold approval in writing within 60 days of receipt of Grantor‟s request. Grantee‟s approval shall not be Used if any activities require notice, or notice and unreasonably withheld, but shall only be granted upon a showing that the proposed activity shall not approval of the Grantee.

     materially impair the purposes of this Conservation Restriction. Failure of Grantee to respond in Any provisions requiring notice to and approval by writing within 60 days shall be deemed to constitute approval by Grantee of the request as submitted, the Grantee must allow a minimum of 60 days if so long as the request sets forth the provisions of this section relating to deemed approval after 60 the Grantee is a governmental entity.

     days in the notice. III. LEGAL REMEDIES OF THE GRANTEE

     A. Legal and Injunctive Relief Legal Remedies.

     The rights hereby granted shall include the right to enforce this Conservation

    Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief

    There are some good mandated mediation clauses against any violations, including, without limitation, relief requiring restoration of the Premises in the alternative provisions list that may also be to their condition prior to the time of the injury complained of (it being agreed that the Grantee used. 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 the Grantee for the enforcement If the CR is over a portion of a parcel, permanent of this Conservation Restriction. Grantee agrees to cooperate for a reasonable period of time prior boundary markers must be installed. In the event to resorting to legal means in resolving issues concerning violations provided Grantor ceases that is not possible, the following language must be

    used: objectionable actions and Grantee determines there is no ongoing diminution of the conservation

    values of the Conservation Restriction. “In the event of a dispute over the Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses boundaries of the Conservation (including reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking Restriction, Grantor shall pay for a reasonable measures to remedy, abate or correct any violation thereof, provided that a violation of survey and permanent monumentation this Conservation Restriction is acknowledged by Grantor or determined by a court of competent of the boundaries.” jurisdiction to have occurred.

     B. Non-Waiver Enforcement of the terms of this Conservation Restriction shall be at the discretion of

     Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights.

     C. Disclaimer of Liability Language that suggests the Grantee has no

    obligation to enforce the CR is unacceptable, and By acceptance of this conservation restriction, the Grantee does not undertake any liability or does not meet the new IRS regulations which obligation relating to the condition of the Premises pertaining to compliance with and including, but require that a Grantee have the ability and not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused obligation to monitor and enforce CRs.

     by the Grantee or its agents. Should there be damage beyond the Grantor‟s control, the parties should try to restore the E. Acts Beyond the Grantor’s Control Premises if feasible. For example, if someone

    dumps a trailer load of tires or trash on the Premises, the Grantee cannot sue the Grantor for Nothing contained in this Conservation Restriction shall be construed to entitle the same, but there should be cooperation in Grantee to bring any actions against the Grantor for any injury to or change in the Premises remedying the violation. To that end, some parties

    may want to include: resulting from causes beyond the Grantor’s control, including but not limited to fire, flood, The parties to this Conservation Restriction agree storm and earth movement, or from any prudent action taken by the Grantor under emergency that in the event of damage to the Premises from conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such

    causes.

    acts beyond the Grantor‟s control, that if it is IV. ACCESS desirable and feasible to restore the Premises, the parties will cooperate in attempting to do so. The Grantor hereby grants to the Grantee, or its duly authorized agents or

    Access: Check to see if the Grantee needs an representatives, the right to enter the Premises upon reasonable notice and at reasonable times, access easement over unrestricted land to get to the for the purpose of inspecting the Premises to determine compliance with or to enforce this restricted area. If so, the grant of that access should Conservation Restriction. The Grantor also grants to the Grantee, after notice of a violation and be included in the access section. Where there are

    roads, but they are private, state that the Grantee failure of the Grantor to cure said violation, the right to enter the Premises for the purpose of taking may use the private roads to access the Premises. any and all actions with respect to the Premises as may be necessary or appropriate to remedy or abate any violation hereof, including but not limited to the right to perform a survey of boundary Any public access and limitations on public access

    should go here. lines. If the CR is being sold to the Grantee and the V. EXTINGUISHMENT Grantor will seek a deduction for their gift or

    bargain sale, the provision for a proportional distribution of proceeds is required. A. If circumstances arise in the future such as render the purpose of this Conservation Restriction impossible to accomplish, this restriction can only be terminated or extinguished, whether This provision is not recommended where the CR

    is both required by or for the purposes of obtaining in whole or in part, by a court of competent jurisdiction under applicable law. If any change in a permit AND it is imposed on portions of house conditions ever gives rise to extinguishment or other release of the Conservation Restriction under lots (as opposed to an entirely separate open space applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the lot). In the event of a partial extinguishment or

    eminent domain taking, a homeowner should not Premises, shall be entitled to a portion of the proceeds in accordance with paragraph B below, have to pay the Grantee, nor should the subject, however, to any applicable law which expressly provides for a different disposition of the homeowner be left with insufficient funds to proceeds. Grantee shall use its share of the proceeds in a manner consistent with the conservation acquire a new home (if taken by eminent domain).

    In the alternative, stating that the Grantee is not purpose set forth herein. entitled to compensation upon a disposition may be used to guard against future (mis)interpretations. B. Proceeds. Grantor and Grantee agree that the donation of this Conservation Restriction

    G.L. c. 184 sec. 32 says “conservation restrictions gives rise to a real property right, immediately vested in the Grantee, with a fair market value that are interests in land”. is at least equal to the proportionate value that this Conservation Restriction, determined at the time of the gift, bears to the value of the unrestricted property at that time. Such proportionate value of the Under certain conditions, it may be appropriate to

    state that in the event of an extinguishment or Grantee‟s property right shall remain constant.

    eminent domain taking, the Grantee receives nothing, or if the Grantee has contributed monies, C. Grantor/Grantee Cooperation Regarding Public Action this section can also provide for reimbursement to

    the Grantee of their contributions.

     Whenever all or any part of the Premises or any interest therein is taken by public authority If improvements to the property are allowed, the under power of eminent domain or other act of public authority, then the Grantor and the Grantee parties may want to agree to take into account any

    increased value due to the improvements by using shall cooperate in recovering the full value of all direct and consequential damages resulting from

    such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of

    any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and

    Grantee in shares equal to such proportionate value. If a less than fee interest is taken, the proceeds

    shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its

    “equal to such proportionate value exclusive of any share of the proceeds like a continuing trust in a manner consistent with the conservation improvements” or “subsequent improvements”, as purposes of this grant. applicable.

     VI. ASSIGNABILITY A. Running of the Burden

     The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor

     holding any interest in the Premises. B. Execution of Instruments

     The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor, on behalf

     of herself and her successors and assigns, appoint the Grantee their attorney-in-fact to execute, acknowledge and deliver any such instruments on her behalf. Without limiting the foregoing, the Grantor and her successors and assigns agree themselves to execute any such instruments

     upon request. C. Running of the Benefit

     The benefits of this Conservation Restriction shall be in gross and shall not be assignable by the Grantee, except in the following instances:

     As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out; and the Assignee, at the time of the

     assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts. Any

     assignment will comply with article 97 of the Amendments to the Constitution of the

     Commonwealth of Massachusetts, if applicable.

     VII. SUBSEQUENT TRANSFERS

     The Grantor agrees to 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 to notify the Grantee within

     20 days of such transfer. Failure to do so shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable.

     The Grantor shall not be liable for violations occurring after his or her ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer

     if in violation of this CR shall survive the transfer. Any new owner shall cooperate in the A buyer and seller, engaging in appropriate due restoration of the Premises or removal of violations caused by prior owner(s) and may be held diligence, can allocate among themselves an responsible for any continuing violations. escrow, sales price adjustment, or other method to

    resolve violations, whereas a land trust (and the public) would be left with little ability and great VIII. ESTOPPEL CERTIFICATES expense in resolving any violations in the case of Grantor who sells.

     Upon request by the Grantor, the Grantee shall, within twenty (20) days, execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor’s compliance with any obligation of the Grantor contained in this Conservation

     Restriction. IX. NON MERGER

     The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the

     Grantee agrees that it will not take title, to any part of the Premises without having first assigned this Conservation Restriction to ensure that merger does not occur.

     X. AMENDMENT Amendment If circumstances arise under which an amendment to or modification of this Conservation The Amendment clause is optional. If included, it

    should be made clear that an amendment requires Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation

    far more than the agreement of the parties, and Restriction; provided that no amendment shall be allowed that will affect the qualification of this may not be allowed by one or more of the Sec. 32 Conservation Restriction or the status of Grantee under any applicable laws, including Section 170(h) approvals. The fact that other land may be offered

    „in trade” for the CR does not guarantee approval; of the Internal Revenue Code of 1986, as amended, or Sections 31-33 of Chapter 184 of the General

    CRs are perpetual and not freely amendable. laws of Massachusetts. Any amendments to this conservation restriction shall occur only in exceptional circumstances. The Holder will consider amendments only to correct an error or The Grantor and Grantee may be required to obtain

    additional approvals to comply with the terms of oversight, to clarify an ambiguity, or where there is a net gain in conservation value. All expenses of

    all parties in considering and/or implementing an amendment shall be borne by the persons or entity

    seeking the amendment. 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 and if applicable, shall comply with the provisions of Art. 97 of the

    any funding, grants, donations, or permits if the Amendments to the Massachusetts Constitution, and any gifts, grants or funding requirements. CR was required as a condition of a permit, or if Any amendment shall be recorded in the _________________ Registry of Deeds. there is a mortgage on the property.

    If the CR was donated, a bargain sale, or XI. EFFECTIVE DATE bequeathed, and a charitable trust was established, the permission of a court of competent jurisdiction This Conservation Restriction shall be effective when the Grantor and the Grantee have after consultation and advice of the Massachusetts

    Attorney General may be required. 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 the _________ Registry of Deeds. The Grantee shall record this instrument in timely manner in the ______ Registry of Deeds.

     XII. NOTICES

     Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre-paid, addressed as follows:

    Any provisions requiring notice to and approval by the Grantee must allow a minimum of 60 days if To Grantor: the Grantee is a governmental entity.

     To Grantee: or to such other address as any of the above parties shall designate from time to time by written

     notice to the other or that is reasonably ascertainable by the parties. XIII. GENERAL PROVISIONS

     A. Controlling Law

     The interpretation and performance of this Conservation Restriction shall be governed by the laws of

     the Commonwealth of Massachusetts.

     B. Liberal Construction

     Any general rule of construction to the contrary notwithstanding, this Conservation

     Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation

    Restriction and the policy and purposes of Massachusetts General Laws Chapter 184, Sections 31-33. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the

    purpose of this Conservation Restriction that would render the provision valid shall be favored over

    any interpretation that would render it invalid.

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