l ..... 877 "',...n " n'7 u~rn nou PAGEl-v 1 THIS INDENTURE, made this 13iJ day of ~ , 1978, by and between the ADIRONDACK MOUNTAIN RESERVE, a corporation duly organized and existing under the laws of the State of New York and having a principal office and place of business in St. Huberts Tow-a of Keene, County of Essex and State of New York; as Grantor, and the STATE OF NEW YORK, as Grantee, iVITNESSETH: WHEREAS, the ADIRONDACK MOUNTAIN RESERVE (hereinafter referred to as the "Granter") is the o\Amer in fee of certain real property which is hereinafter more fully described and referred to as the "Protected Property"; and WnriEREAS, the Granter has been the owner in fee of the Protected Property and certain adjacent real property since 1887, and since that date, in recognition and by reason of the unique scenic aspects and wilderness character of said properties, has protected the same from any extensive development or exploitation, and has further kept the same, and the forests, lakes, streams, flora, fauna and other wilderness features to be found thereon, substantially in their natural state but nonetheless available and open for public use and enjoyment, with the Grantor's consent, by means of a system of trails, paths and roadways extending throughout the said properties, which trails, paths and roadways were built and continue to be maintained by the Granter or its duly authorized representatives at no public expense; and WHEREAS, the said Protected Property, in its present rela- tively undeveloped state, has substantial and significant value as a natural, aesthetic, scientific and educational resource by reason of the fact that it has not been subject to any extensive development or exploitation; and WHEREAS, the value of the Protected Property as a natural, aesthetic, scientific and educational resource was not, and is not likely to be adversely affected to any substantial extent by the continued ~..aintenance in their present condition of such -2- UBER 660 PAGE198 structures and facilities as presently exist on and upon the Protected Property and by the construction of such additional facilities as are allowed hereby; and WHEREAS, the said Protected Property is the property de- ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in the Towns of Keene and North Hudson, Essex County; New York and forming a portion of Townships 45 and 48, Totten and Crossfield's Purchase and being more particularly bounded and described as follows: BEGINNING at the northeasterly corner of Township 48 at a point marked by a 3/4 inch iron pipe in an old pile of stones and runs thence along lands described as Parcel I in a deed from the Adirondack Mountain Reserve to the People of the State of New York recorded in the Essex County Clerk's office in Liber of Deeds at page /cJ_) , and hereinafter referred to as the Benefited 4 Property, the following three (3) courses and distances: (1) s. 44° 15' 11" w. 15,039.30 feet to a point marked ""., J a drill hole in a large boulder; (2) s. 30° 45' 45" w. 8,905.08 feet to a point marked ""., J a drill hold in a ledge rock; (3) s. 67° 38' 49" w. 15,188.07 feet to a point in D. M. Arnold's westerly line of Township 48; said point being mapped and described by A. S. Hopkins in 1921 as a post marked "AMR SNY N. 4"; thence as the magnetic needle pointed in 1921 land in accordance with a survey accomplished by A. S. Hopkins in that year, and along lands of the State of New York, S. 32° 32' W. a distance of 849.42 feet and S. 1° 34' E. a distance of 2307.36 feet to a point on the easterly line of Township 45 as per abovementioned survey by A. S. Hopkins; thence running across the southeasterly corner of Lot 22, Township 45 and along the height of land known as Bartlett Ridge and in accordance with the magnetic bearings of the above referenced Hopkins Survey and being along lands of the State of New York, S. 13° 26' W. a fl -3- UBER 660 PAGE199 distance of 2513.28 feet and S. 21° 04' E. a distance of 770.88 feet to a point in the northerly line of Lot 21 marked by a copper slug in a drill hole one chain westerly from the height of land on Bartlett Ridge; thence along the southeasterly line of I 1n~~~ ~~~~-4horl ~~ P~-~01 ~n ~a~r~in ~~~~ Aniron~~ri 0 TTT a Trnm rhP :::::.:: ~::::;e~:o·:~:-;e:~~e·:,-t~:-~:::e-:~-N:~-~o:~~ ~::::~=~-r in the Essex County Clerk's office in Liber of Deeds (~t at I page 1.f.S , and also hereinafter referred to as the Benefited Property, on a magnetic course in accordance with said A. S. Hopkins Survey of 1921, S. 28° 08' W. a computed distance of 9534.37 feet to a point on the westerly line of Lot 9, Township 45 and being in of lands of Finch, Pruyn and Company, Incorporated; thence along said lot line and lands of Finch, Pruyn and Company, Incorporated, as per 1921 magnetic bearings, S. 23° 31' E. a distance of 1650.00 feet to a point .,_,..,.,., marked by .&..•v.a..a. rod set in a marshy area; thence continuing along said lands of Finch, Pruyn and Company, Incor­ porated, N. 52° 41' 54" E. a distance of 5662.49 feet to a point; thence running along lands described as Parcel II in a certain deed from the Adirondack Mountain Reserve to the People of the State of New York., recorded in the Essex County Clerk's Office in Liber of Deeds ~kC' at page /0~3 , and also hereinafter referred to as the Benefited Property, the following five (5) courses and distances: (1) N. 32° 03' 09" w. 1100. 54 feet to a drill hole in a boulder; (2) N. 55° 14' 05" E. 5873.59 feet to a drill hole in 1or!o-o........... -0- rock on Otis Ledge; (3) N. 31° 10' 26'' E. 9626.33 feet to a drill hole in 1..... <>ricro--o- rock; (4) N. 44° 02' 32" E. 9437.18 feet to a drill hole in ledge rock and { \JI"\ N. 46° 13' 40" E. 18760.54 feet to a point in the easterly line of Township 48 where the same is intersected by a -4- L/!1f.R 660 PAGf 200 certain tributary of Icy Brook and is marked by a nickel bolt in a boulder set by A. T. Davis; thence along the easterly boundary of said Township 48, N. 36° 11' 55" E., a computed distance of 1430.03 feet to a point; thence through the lands of the Grantor and along lands hereinafter referred to as the "Adjoining S. 53° 23' 30" W. a distance of 4243.06 feet to a point; thence continuing through said lands of the Granter and along lands known as the "Adjoining Property" N. 36° 36' 30" W., a distance of 1352.00 feet to a point in the center of a private road known as Lake Road; thence along the center of said Lake Road and along lands of the Granter hereinafter ref erred to as the "Adjoining Property", a distance of 4420 feet more or less as said road winds and turns to a point on the easterly line of Township 48 located on a course of S. 22° 02" W. a distance of 134.70 feet from a USGS Bench Mark labeled 1352' Elevation, WV7 1942; thence along said Township line N. 36° 50' 21" W. a distance of 3144.18 feet to a point of beginning. All bearings hereinabove set forth, except those specified by A. S. Hopkins, are Grid Bearings in accordance with the New York State System of Plane Coordinates, East Zone. WHEREAS, the State of New York (hereinafter referred to as the "Grantee") is the owner in fee of certain real property (hereinafter referred to as the "Benefited Property"), which Benefited Property adjoins and is contiguous to or otherwise in close proximity to the Protected Property; and WHEREAS, a portion of the said Benefited Property is the property heretofore conveyed by the Adirondack Mountain Reserve, as Granter, to the State of New York, as Grantee, under and by Deed dated ..:.;: ~ /i-/ ~/ , 19lt~ recorded in the office of the Clerk of the County of Essex, in Book ':~c of Deeds, at page /J"J, which has become part of the Forest Preserve of the Grantee; and WHEREAS, the remainder of said Benefited Property is Forest Preserve property of the Grantee held prior to the date of the Deed mentioned in the innnediately preceding paragraph; and -5- u&rn 660 ?AG£201 WHEREAS, the Grantee holds the Benefited Property as "forever wild" lands pursuant to the provisions of Article XIV, Section 1 of the Constitution of the State of New York and otherwise for the purpose of keeping said lands in their present natural state as a preserve for indigenous flora and fauna and protecting and conserving their wilderness character and value as a natural, aesthetic, scientific and educational resource; and WHEREAS, the Protected Property and the Benefited Property are so closely related and appurtenant to one another that any change in the present natural, scenic, open space and wooded condition of the Protected Property would have an adverse and deleterious effect on the natural character of the Benefited Property in terms of the inherent values, both tangible and intangible, afforded to the Benefited Property by reason of its relationship and close proximity to the Protected Property, the views and scenic vistas of the Protected Property which are available from the Benefited Property as well as the purity of the air, water and environment in and around the Benefited Property, the maintenance of the region as a suitable habitat for a variety of wild flora and fauna and the preservation of the wilderness character and value of the region as a natural, aesthetic, scientific and educational resource; and WHEREAS, the Grantor and the Grantee recognize the value and the special character, as a natural, aesthetic, scientific and educational resource, of the region in which their respective properties are located, and do each of them have, in common, the purpose and object of protecting and conserving the present natural state and inherent natural values, both tangible and intangible, of their respective properties as a natural, aesthetic scientific and educational resource by means of the conveyance by the Grantor to the Grantee of a Conservation Easement and Restriction or open space preservation restriction on, over and upon the Protected Property, which Conservation Easement and Restriction on, over and upon the Protected Property shall 1r ·· f!nn _.