Declaration of Trust

Sample Documents - Declaration of Trust, two documents

DECLARATION OF TRUST
Purington Preserve
Town of Bowdoin, Androscoggin County, Maine

WHEREAS, Androscoggin Land Trust, Inc. (ALT) is a non-profit conservation organization operating and existing under the laws of the State of Maine, and a tax-exempt organization under §501(c)(3) of the Internal Revenue Code, owns and operates a nature preserve in the Town of Bowdoin, which is part of the premises acquired by deed of Richard Purington to Androscoggin Land Trust, Inc. , dated , and recorded at the Androscoggin County Registry of Deeds at Book , Page ; and

WHEREAS that portion of the above referenced identified as Lots # [[39 and 49 or 42-A?]] on Town of Bowdoin Tax Map # , and more particularly described in Schedule A attached hereto and made a part hereof, is the subject of this Declaration of Trust and is hereinafter referred to as the "Purington Preserve"; and

WHEREAS, the Purington Preserve is a beautiful parcel of approximately 140 acres, with fields and forest, the remnants of a mill pond, and which in its existing undeveloped state, and its proximity to an historic residence, a nearby the cemetery and church, creates a rural village oasis in an area experiencing rapid growth of residential subdivision and development sprawl; and

WHEREAS, the Purington Preserve has been traditionally used by the local community for picnicking, low impact day-time outdoor recreation, nature observation and quiet contemplation; and

WHEREAS, the Androscoggin Land Trust, Inc. wishes to hold the Purington Preserve in trust, solely for its charitable and benevolent purposes, in order to permanently assure its preservation as an undeveloped and traditional rural agrarian and forest preserve, and to preserve the opportunity for daytime low impact outdoor recreation by residents and visitors to Bowdoin, consistent with the protection of its natural and cultural resources; and

NOW, THEREFORE, ANDROSCOGGIN LAND TRUST, INC. hereby grants to ANDROSCOGGIN LAND TRUST, INC., its successors and assigns forever, as Trustee under this express charitable trust, the aforedescribed Purington Preserve, subject to the following conditions that will run with the Purington Preserve in perpetuity, to which by acceptance of this deed ANDROSCOGGIN LAND TRUST, INC., agrees as Trustee thereof:

The Purington Preserve shall be maintained for the benefit of the general public as a traditional rural agrarian and forest preserve, available for daytime non-motorized low-impact outdoor recreation, including picnicking, walking, hiking, cross country skiing, and quiet contemplation of nature. Notwithstanding the recreational purposes of this trust, the following are prohibited on Purington Preserve: recreational courts, swimming pools, municipal facilities, through-roads, campgrounds, and stockade or chain link fencing. Grantee shall have the right to establish reasonable rules and regulations for permitted uses of the Purington Preserve, to temporarily close all or part of the same, and to prohibit, by posting or otherwise, uses it deems inconsistent with or adverse to its intended uses.

No structures or alterations to the natural features shall be permitted except those appropriate to the property's intended use as described above; provided that picnic tables, benches, plaques, unlighted signs, the maintenance and restoration of existing and historic fields, the establishment of shade and specimen trees and shrubs for aesthetic purposes and wildlife habitat improvement are specifically permitted. All vegetation management shall be conducted to preserve and enhance the scenic and natural character of the Purington Preserve for its trust purposes, including but not limited to the selective cutting and removal of forest vegetation for aesthetic purposes and the health of the forest and its habitat values, the creation of open areas for wildlife observation and habitat improvement, additional picnic areas and views from the public road, and the maintenance and cultivation of fields. The Purington Preserve shall not be transferred except to a governmental entity or a publicly supported land trust or similar organization subject to the perpetual restrictions and requirements stated in this trust deed.

IN WITNESS WHEREOF, ANDROSCOGGIN LAND TRUST, INC. has caused these presents to be signed and sealed in its corporate name by , its President, this day of April, 2001.

ANDROSCOGGIN LAND TRUST, INC.

by
its President

STATE OF MAINE
COUNTY OF ANDROSCOGGIN, ss. Date:
Personally appeared , the President and authorized representative of the Androscoggin Land Trust, Inc. and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said corporation.

Before me, ____________________________________ Notary Public/Attorney

____________________________________ Print or Type Name
My commission expires

DECLARATION OF TRUST
Boot Head, Jim's Head and Martin Preserves
Lubec, Maine

WHEREAS, Maine Coast Heritage Trust owns and operates two preserves in the Town of Lubec, the Boot and Jim's Head Preserve, and the Martin Preserve at Hamilton Cove;

WHEREAS, these places of pristine natural beauty were acquired by Maine Coast Heritage Trust with charitable donations from the general public given for the express purpose of assuring their preservation and preventing building development thereon;

WHEREAS, Maine Coast Heritage Trust holds its preserves in trust for exclusively for charitable purposes, specifically so that their natural resources and spectacular coastline will remain forever preserved for the benefit and enjoyment of the general public;

NOW THEREFORE: It is the expressed intent and charitable trust obligation of Maine Coast Heritage Trust to preserve the natural character of the Boot and Jim's Head Preserve and the Martin Preserve at Hamilton Cove, and to prohibit building development thereon. Maine Coast Heritage Trust, as a publicly funded private non-profit organization, is committed to permanent ownership of the Preserves. The affordability of managment costs under its ownership is critical to the success of this committment. Maine Coast Heritage Trust will work with the Town of Lubec to assure that activities and uses on the Preserves are beneficial to the inhabitants, and so that continued ownership of the Preserves remains affordable for the Trust. In the unlikely event that circumstances change so significantly that MCHT is no longer able to properly manage the property, Maine Coast Heritage Trust will consult with the Town of Lubec prior to considering any transfer to another conservation owner.

IN WITNESS WHEREOF, Maine Coast Heritage Trust has caused these presents to be signed and sealed in its corporate name by James J. Espy, Jr., its president, this day of , 1994.

MAINE COAST HERITAGE TRUST

by James J. Espy, Jr.
its President

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