10/31/1957 · LEASE · book 36 page 155 doc 5509@36/155

155 KNOW ALL MEN BY THESE PRESENTS, that we, MILTON A. FENNER and MILDRED S. FENNER, husband and wife, as joint tenants, both of the Town of Charlestown, County of Washington, State of Rhode Island, for consideration paid grant to FRANCIS E. FENNER, of said Town, County and State, with WARRANTY CONVEYANCE Options That certain parcel and tract of land, together with the buildings and improvements thereon, situate and being in the Town of Charlestown, County of Washington, State of Rhode Island and, bounded and described as follows: Beginning at a point on the westerly side of the Town Highway run through farming the farm, now or formerly of the [?] and said Town Highway runs East in the line granted; thence turning northerly, bounded easterly by said Town Highway, a distance of 209 feet; thence turning right at angle running westerly a distance of 209 feet; thence turning right at angle running southerly a distance of 209 feet; thence turning right at angle running easterly a distance of 209 feet; thence turning right and continuing in an easterly direction a distance of 209 feet, more or less, to the point and place of beginning. Bounded easterly by said Town Highway and southerly, westerly and northerly by land now or formerly of said Lloyd A. Tyler. Meaning and intending to convey the same premises conveyed by deed of Lloyd A. Tyler and Bessie A. Tyler dated March 27th, 1952 and recorded in the Records of Land Evidence, said Town of Charlestown, in Book No. 35 at Page 63. This conveyance is made and accepted subject to the right of way mentioned and described in the aforesaid deed. WITNESS our hands this 30th day of October, 1957. MILTON A. FENNER MILDRED S. FENNER No Internal Revenue Stamps required. STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, on the 30th day of October, 1957, before me personally appeared Milton A. Fenner and Mildred S. Fenner, husband and wife, both to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public. Received for record October 31st, A. D. 1957 at 9:00 o'clock, a. m., and recorded by [Signature] Town Clerk ---- STATE OF RHODE ISLAND DEPARTMENT OF AGRICULTURE AND CONSERVATION DIVISION OF FISH AND GAME AGREEMENT THIS AGREEMENT made this 6th day of September, 1957, by and between John Olof, their heirs and assigns, residing at Bradford R and State of Rhode Island, party of the first part, hereinafter called the Lessor, and the State of Rhode Island Department of Agriculture and Conservation, Division of Fish and Game and pursuant to Chapter 251, Section 1, Public Laws of 1938, hereinafter called the Lessees, WITNESSETH: 1. IN CONSIDERATION of the covenants, stipulations and conditions hereinafter set forth and In the further consideration of the sum of one dollar ($1) the receipt of which is hereby acknowledged, the Lessor, the party hereby grant, lease and let unto the Lessees for the term of Twenty (20) years from the date hereof subject to prior termination as provided in paragraph herebelow and all the rights of the competent authorities of the State of Rhode Island and the premises herein after described, all that tract of land situated in the Town of Charlestown, County of Washington and State of Rhode Island, more or less, bounded and described as follows: (see boundaries indicated on the map or by description attached hereto and made a part hereof). 2. The purpose of this agreement is to provide for the operation and maintenance of a waterfowl refuge by the Lessees on the demised premises during the term hereinafter set forth. The Lessees are the exclusive counting hunting rights thereon, and shall also have the right to undertake any management and development on the said premises designed to improve the soil and waters thereof for waterfowl utilization. Management and development of the demised premises by

156 the Lessees may include fencing, fencing of boundaries, clearing trees and brush, control of predators, markings on trees in the vegetation, and trapping of waterfowl for banding studies as well as all other necessary operations in keeping with the purpose hereof. 3. The Lessees assume all development costs apportioned to the purposes for which the said premises are leased, including, but not limited to, the cost of surveys, necessary surveys, and the construction of any buildings, roads, and other improvements. In the process of improving the proper siting of the said lands and waters, however, the Lessees hereby agree that: no fences constructed for the purpose of the wildlife refuge shall interfere with the refuge area, except that fences to protect crops from wildlife, and a fenced Land may be constructed by the Lessees to provide access to the water for livestock's watered. 4. The Lessees, or any party by them authorized, shall have the right of ingress and egress upon and over the said premises at all times, for the purpose of protecting, propagating, and managing the wildlife resources therefore, and for other purposes connected therewith. 5. The Lessees may establish a refuge for wildlife on the said premises, and such refuge may be provided for by posting signs, fencing of boundaries, cutting and plazing, except that the right to do so post against fishing and trapping shall in no way detract from the exclusive fishing and trapping rights reserved by the Lessor. 6. The Lessor shall furnish reasonable protection, through its law enforcement agencies, to the leased area in accordance with the provisions of the law. 7. The Lessor reserves exclusive trapping and fishing rights upon the said lands and waters, and may lease the said rights to others, except that the Lessor hereby agrees that fishing and trapping are permitted upon the said premises during the dates of November 1st and June 15th, both dates inclusive. 8. In case the Lessor sells the said premises the this lease shall remain in full force and effect until the expiration of said term, unless the grantee under the deed of transfer of title elects to terminate the lease. In the event of such termination, the grantee under the deed shall reimburse the Lessees for the pro rata cost of development incurred, plus the sum of $100.00 for each year and fraction thereof until the expiration of the unexpired term of this lease; in which case this lease shall be cancelled and terminate forthwith. 9. The principal consideration of this lease is the ultimate development, care and maintenance therefore of the said premises, so far as the Lessors are concerned, as a habitat and breeding ground for furbearing animals, aquatic fowl, and other game concentrates, as a game sanctuary or area for furbearing animals, for the breeding, feeding, and rearing of wild waterfowl. (Nothing contained herein shall prevent or hinder the Lessor in the exercise of its rights to conduct business on such areas as would be detrimental to the value of the area as a game refuge.) exceptions being written herein. IN WITNESS WHEREOF the Lessor has set their hands hereunto and the Lessees have caused these presents to be signed by the Administrator, Division of Fish and Game and Director, Department of Agriculture and Conservation, to be effective on the day and year first above written. JOHN OLOF (Lessor) DEPARTMENT OF AGRICULTURE AND CONSERVATION DIVISION OF FISH AND GAME By: Thomas T. Bright Administrator (Chief) By: JOHN L. REGO Director APPROVAL AS TO FORM: July 12, 1952 Department of Attorney General APPROVAL AS TO SUBSTANCE: August 21, 1952 Department of Administration [Map showing 5 Acres, Latitude N 41° 23' 20", Longitude W 71° 43' 52", and labels for "Water Control Structure" and "Southern Dam"] TOWN CLERK'S OFFICE, Charlestown, R.I. [?] 1957 RECEIVED AND FILED. TOWN CLERK. Land Leased by John Olaf to the Rhode Island Division of Fish and Game September 6 1952