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1、OLD FORT FIELD at CHASE GARDEN CREEK Conservation Restriction, Dennis, MACONSERVATION RESTRICTIONXYZ, its successors and assigns (hereinafter “Grantor), for and in consideration of _ Dollars ($_), grants to THE TOWN OF LIBERTY, a Massachusetts municipal corporation, with an address of 1 Main Street,
2、 LIBERTY, Massachusetts, 02660, acting by and through its Conservation Commission, by authority of MGL c.40 s.8c, its successors and permitted assigns (Grantee”), IN PERPETUITY and exclusively for conservation purposes, the following described CONSERVATION RESTRICTION (the “Restriction”), on three a
3、djoining parcels of vacant unregistered land totaling approximately 8.21 acres, located at 97, 105 and 107 New Boston Road, in the Town of Liberty, County of Barnstable, Commonwealth of Massachusetts, said parcels being described in Exhibit A and shown on Exhibit A-1 both of which are attached heret
4、o, said parcels hereinafter referred to as the “Premises.” For title, see deed recorded in Barnstable County Registry of Deeds Book _, Page _.Purposes: This Restriction is defined in and authorized by Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, as amended,
5、acts in amendment thereof or in addition thereto; and Sections 31-33 of Chapter 184 of the General Laws of Massachusetts. This Restriction is intended to assure that, while permitting the acts and uses described in Section B herein, the Premises will be retained in perpetuity in a natural, scenic, a
6、nd open condition for the protection of its natural resources, plants, wildlife, natural habitat, and open space. This Restriction will yield a significant public benefit because the Premises protection will advance the following policies and objectives:WHEREAS, the Town of Dennis, at a duly called
7、Special Town Meeting held on _, 2010, acting on Article _ of the Warrant, voted to purchase from the Dennis Conservation Trust a perpetual Conservation Restriction over the Premises, to be held by the Conservation Commission of the Town of Dennis, and further authorized the Board of Selectmen to pur
8、chase the Conservation Restriction utilizing funds collected through the so-called “Community Preservation Funds” pursuant to Section 298 of Chapter 149 of the Acts of 2004, an attested copy of which vote is attached hereto as Exhibit B; andWHEREAS, the Massachusetts Executive Office of Energy and E
9、nvironmental Affairs (EOEEA) Division of Conservation Services LAND Grant Program has contracted with the Grantee, as evidenced by the Project Agreement dated _, 2010, by and between the Commonwealth of Massachusetts and Grantee, attached hereto as Exhibit C (the “Project Agreement”); to grant the G
10、rantee the sum of $_ to reimburse the Grantee for a portion of its purchase costs of this Conservation Restriction; and,WHEREAS, the Great and General Court of Massachusetts established the Old Kings Highway Regional Historic District on the northern shore of Barnstable County through Chapter 740 of
11、 the Acts of 1973; and,WHEREAS, in 2001 the Massachusetts Department of Fisheries, Wildlife and Environmental Law Enforcement published a report entitled BioMap: Guiding Land Conservation for Biodiversity in Massachusetts, which identified critical habitat “areas, that if protected, would provide su
12、itable habitat over the long term for the maximum number of Massachusetts terrestrial and wetland plant, animal species, and natural communities;” and,WHEREAS, the BioMap contains Core Habitat areas, which depict the most viable habitats for rare species and natural communities in Massachusetts, and
13、 Supporting Natural Landscape areas, which buffer and connect Core Habitat areas and which identify large, naturally vegetated blocks that are relatively free from the impact of roads and other development; and,WHEREAS, in 1998, MNHESP published a report entitled Our Irreplaceable Heritage: Protecti
14、ng Biodiversity in Massachusetts, which stated, “We believe that there are eight ecosystem types or natural community assemblages that are the most important targets for biodiversity conservation. They represent the most threatened or ecologically essential areas for rare plants and animals in Massa
15、chusetts,” (p. 29) and singled out salt marsh in particular as important to conserve (p. 30); and,WHEREAS, in July 1991 the Barnstable Assembly of Delegates, pursuant to the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan, amended in 1996, 2002 and 2009, whi
16、ch provided, inter alia (references are to the 2009 Plan): Wetlands Goal to “preserve and restore the quality and quantity of inland and coastal wetlands and its buffers on Cape Cod” (WET1); Wildlife and Plant Habitat Goal to “prevent loss or degradation of critical wildlife and plant habitatand to maintain existing populations a
