Overview of Retained Rights

CUMBERLAND ISLAND NATIONAL SEASHORE

by Hal Wright and Rhett Lawrence

INDEX

1. TRACT NO. 02-109; OWNERS: Mary R. Bullard her spouse and her last surviving child

2. TRACT NO. 01-101 (d); OWNERS: Nancy J. Butler, her spouse, Landon Butler, and their issue

3. TRACT NO. 02-112; OWNERS: Lucy Carnegie Sprague Foster, Franklin Whittington Foster, their heirs and assigns 103 Exchange Street, Portland, Maine

4. TRACT NO. 01-103 (a); OWNERS: Cumberland Island Properties, Inc. (Shareholders – Henry Carter Carnegie, and James Henry Bratton, Jr., and their spouses and children)

5. TRACT NO. 02-134 (Chimney House); TRACT NO.02-145 ( Stafford House); TRACT NO. 02-191 ( Air Strip); OWNERS: Lucy Foster, her heirs and assigns; Franklin R. Foster, his heirs and assigns; Franklin R. Foster, as Trustee for Franklin Whittington Foster, his heirs and assigns; and Franklin T. Foster, as Trustee for Lucy Carnegie Sprague Foster, his heirs and assigns.

6. TRACT NO. 02-101 ( The Grange)(5.95 ACRES); TRACT NO. 02-162 (9.90 ACRES); TRACT NO. 02-110 (Grave’s Beach House) OWNERS: Lucy C. J. Graves (Talbott)

7. TRACT NO.03-145(?) DEED OF EXCHANGE #80; OWNERS: The reservers are Cumberland Island Holding Company, a corporation and Richard B. Goodsell, individually. Goodsell Land and Development Company has a 37.5 percent undivided interest in the retained estate together with the rights and privileges the remaining interest being held by Cumberland Island Holding Company of Hilton Head Island, South Carolina.

8. TRACT NO. 3-107; OWNERS: James Grover Henderson

9. TRACT NO. 01-104; OWNERS: High Point, Inc, and its shareholders names: Mrs. Claire Clement Candler, Charles Howard Candler, III, Walker Tolbert Candler, Catherine Claire Candler, Douglas Harper Candler, Charles Howard Candler, IV, Mrs. Glenn Candler Fuller, Thomas Fuller, III, Thomas Fuller, IV, Cynthia Ann Fuller, Samuel Ozburn Candler, Mrs. Beth Denny Candler, Samuel Glenn Candler, Beth Meredith Candler, Catherine MacGregor Candler, Richard Allen Candler, Mrs. Mary R. Warren, William C. Warren, III, William C. Warren, IV, Thomas R. Warren, Catherine Anne Warren, Glenn D. Warren, James K. Warren, Howard C. Warren, Mrs. Catherine W. Dukehart, Lamar Q. Ball, III, David A. Ball, and William A. Ball

10. TRACT NO. 01-119; (Tract No.01-016) (containing 2.51 acres, more or less); OWNERS: Virginia Olsen Horton, Olaf Helmer Olsen, Thora Olsen, Sonja Olsen Kinard, Karen Olsen Cate, Sonja Lewis Olsen, Karol Kinard, Karl Olaf Kinard, Charles Dexter Kimsey, Jr., Eric Daryl Kimsey, Michael Olaf Kimsey, David Huff Kimsey, Philip Olsen Kimsey, Robert Edgeworth Horton, Jr., Lewis Olsen Horton, Helene Horton, Jennifer Leigh Horton, Robert E. Horton, Gloria L. Olsen, Charles D. Kimsey, Karl W. Kinard, Jr., Henry Cate and Kathy S. Kimsey, their heirs and assigns.

11. TRACT NO. (01-102) (01-101(a)); OWNERS: Coleman S. Johnston

12. TRACT NO. 01-101 (e); OWNERS: Marius E. Johnston, Jr, Helen S. Johnston

13. TRACT NO. 01-101 (b); OWNERS: Thomas M. C. Johnston, Jr. and Mireille Johnston and their issue

14. TRACT NO. 01-122 (Deed No. 132); OWNERS: Mrs. L. S. Miller, Sr., Mary Edna Miller a/k/a Mary E. Miller, L. S. Miller, Jr. a/k/a Laurence S. Miller, Jr., Henry Burr Miller, a/k/a H. B. Miller, Mary K. Miller Cannon, Ouida Kimbrough Miller, Hampton Stephenson Bishop, Mathew Laurence Bishop, Arthur Lanier Bishop, Jr., and Any Miller Bishop

15. TRACT NO. 1-102B; OWNERS: Thornton W. Morris, his heirs and assigns.

16. TRACT NO. 01-101 (c); OWNERS: Margaret J. Richards, Kenneth Richards, her husband, and their issue.

17. TRACT NO. 04-134; OWNERS: Carol A. Ruckdeschel, Earl R. Ruckdeschel and Anne R. Ruckdeschel

18. TRACT NO. 01-113; OWNERS: Carol A. Ruckdeschel.

19. TRACT NO. 02-192; OWNERS: Gertrude Schwartz as Trustee for Andrew Carnegie, III, her successors and assigns.

20. TRACT NO. 03-101; OWNERS: Margaret C. R. Sprague, her spouse, and her last surviving child.

21. TRACT NO. 01-102 (a); OWNER: Table Point Co., Inc.

INDEX – LEGAL ISSUES

1. TRACT NO. 02-109; OWNERS: Mary R. Bullard her spouse and her last surviving child

LEGAL ISSUES RAISED: None

2. TRACT NO. 01-101 (d); OWNERS: Nancy J. Butler, her spouse, Landon Butler, and their issue

LEGAL ISSUES RAISED: The term “issue” ,as used in defining the expiration date of the reserved interest, is normally defined as the lineal descendants of the person. This term is normally not restricted to the children or the first generation of descendants, but is commonly understood to mean all lineal descendants including grandchildren, great-grandchildren, and beyond.

3. TRACT NO. 02-112; OWNERS: Lucy Carnegie Sprague Foster, Franklin Whittington Foster, their heirs and assigns 103 Exchange Street, Portland, Maine

LEGAL ISSUES RAISED: None

4. TRACT NO. 01-103 (a); OWNERS: Cumberland Island Properties, Inc. (Shareholders – Henry Carter Carnegie, and James Henry Bratton, Jr., and their spouses and children)

LEGAL ISSUES RAISED: None.

5. TRACT NO. 02-134 ( Chimney House); TRACT NO. 02-145 (Stafford House); TRACT NO. 02-191 (Air Strip); OWNERS: Lucy Foster, her heirs and assigns; Franklin R. Foster, his heirs and assigns; Franklin R. Foster, as Trustee for Franklin Whittington Foster, his heirs and assigns; and Franklin T. Foster, as Trustee for Lucy Carnegie Sprague Foster, his heirs and assigns.

LEGAL ISSUES RAISED: None.

6. TRACT NO. 02-101 (The Grange)(5.95 ACRES); TRACT NO. 02-162 (9.90 ACRES); TRACT NO. 02-110 (Grave’s Beach House) OWNERS: Lucy C. J. Graves (Talbott)

LEGAL ISSUES RAISED: Reserver has the right to substitute within 10 years from December 15, 1970 the retained rights property for another 20 acre tract.

7. TRACT NO. 03-145 (?) DEED OF EXCHANGE #80; OWNERS: The reservers are Cumberland Island Holding Company, a corporation and Richard B. Goodsell, individually. Goodsell Land and Development Company has a 37.5 percent undivided interest in the retained estate together with the rights and privileges the remaining interest being held by Cumberland Island Holding Company of Hilton Head Island, South Carolina.

LEGAL ISSUES RAISED: Cumberland Island Holding Company and Goodsell Land and Development Company originally owned a 2.0 acre tract of land which was deeded September 29, 1970 and was a partial substitution agreement of said land was executed on June 26, 1995 and May 25, 1977 and a subsequent deed was dated June 26, 1975. The current land was given by deed of exchange dated July 27, 1988 and allowed the reservers to retain all of the rights from the previous agreements. There may be an issue as to access to docks and easements to the original 2.0 acre tract of land which is no longer reserved and whether those rights continue to be reserved or do such rights of access now pertain only to the two parcels which were exchanged in the 1988 deed. There is also a question as to whether or not the Reserver can grant an easement to a party such as S. Phillips without NPS approval.

8. TRACT NO. 3-107; OWNERS: Carol A. Ruckdeschel

LEGAL ISSUES RAISED: None

9. TRACT NO. 01-104; OWNERS: High Point, Inc, and its shareholders names: Mrs. Claire Clement Candler, Charles Howard Candler, III, Walker Tolbert Candler, Catherine Claire Candler, Douglas Harper Candler, Charles Howard Candler, IV, Mrs. Glenn Candler Fuller, Thomas Fuller, III, Thomas Fuller, IV, Cynthia Ann Fuller, Samuel Ozburn Candler, Mrs. Beth Denny Candler, Samuel Glenn Candler, Beth Meredith Candler, Catherine MacGregor Candler, Richard Allen Candler, Mrs. Mary R. Warren, William C. Warren, III, William C. Warren, IV, Thomas R. Warren, Catherine Anne Warren, Glenn D. Warren, James K. Warren, Howard C. Warren, Mrs. Catherine W. Dukehart, Lamar Q. Ball, III, David A. Ball, and William A. Ball

LEGAL ISSUES RAISED: None.

10. TRACT NO. 01-119; Tract No.01-016 (containing 2.51 acres, more or less); OWNERS: Virginia Olsen Horton, Olaf Helmer Olsen, Thora Olsen, Sonja Olsen Kinard, Karen Olsen Cate, Sonja Lewis Olsen, Karol Kinard, Karl Olaf Kinard, Charles Dexter Kimsey, Jr., Eric Daryl Kimsey, Michael Olaf Kimsey, David Huff Kimsey, Philip Olsen Kimsey, Robert Edgeworth Horton, Jr., Lewis Olsen Horton, Helene Horton, Jennifer Leigh Horton, Robert E. Horton, Gloria L. Olsen, Charles D. Kimsey, Karl W. Kinard, Jr., Henry Cate and Kathy S. Kimsey, their heirs and assigns.

LEGAL ISSUES RAISED: Can the Reservers rights be assigned to more than one person? Does the Reserver retain any rights after assignment of his/her rights to another?

11. TRACT NO. (01-102) (01-101(a)); OWNERS: Coleman S. Johnston

LEGAL ISSUES RAISED: None.

12. TRACT NO. 01-101 (e); OWNERS: Marius E. Johnston, Jr, Helen S. Johnston

LEGAL ISSUES RAISED: None.

13. TRACT NO. 01-101 (b); OWNERS: Thomas M. C. Johnston, Jr. and Mireille Johnston and their issue

LEGAL ISSUES RAISED: The use of the word “issue” in forming the term of a life estate is vague in that “issue” can be defined as all lineal descendants of a person; therefore, a life estate to a person and his issue could be construed to mean that as long as a person has descendants alive, the property remains in those descendants hands.

14. TRACT NO. 01-122 (Deed No. 132); OWNERS: Mrs. L. S. Miller, Sr., Mary Edna Miller a/k/a Mary E. Miller, L. S. Miller, Jr. a/k/a Laurence S. Miller, Jr., Henry Burr Miller, a/k/a H. B. Miller, Mary K. Miller Cannon, Ouida Kimbrough Miller, Hampton Stephenson Bishop, Mathew Laurence Bishop, Arthur Lanier Bishop, Jr., and Any Miller Bishop

LEGAL ISSUES RAISED: None.

15. TRACT NO. 1-102B; OWNERS: Thornton W. Morris, his heirs and assigns.

LEGAL ISSUES RAISED: Note that if the NPS permits hunting, the Reserver shall have exclusive rights to hunt on the retained area in accordance with Federal/State regulations.

It appears that in the document from which this summary was prepared the paragraph describing the term of life estate is partially obscured by a post-it note. The part of the document that is obscured shows that the life estate ends at the death of every shareholder of Table Point Co., Inc. or upon the death of their last surviving heirs or issue. The terms heirs or issue, if those are the words used in the original document, are troubling in that they can be defined as all lineal descendants of a person; therefore, a life estate to a person and his heirs or issue can be construed to mean that as long as a person has descendants alive, the property remains in those descendants hands.

16. TRACT NO. 01-101 (c); OWNERS: Margaret J. Richards, Kenneth Richards, her husband, and their issue.

LEGAL ISSUES RAISED: The use of the word “issue” in forming the term of the life estate is vague in that “issue” can be defined as all lineal descendants of a person; therefore, life estate to a person and his issue can be construed to mean that as long as a person has descendants alive, the property remains in those descendants hands.

17. TRACT NO. 04-134; OWNERS: Carol A. Ruckdeschel, Earl R. Ruckdeschel and Anne R. Ruckdeschel

LEGAL ISSUES RAISED: The reservation of a life estate is not sufficiently clear from the documents out which this summary is prepared to show whether the life estate ends upon the last to die of Carol A. Ruckdeschel, Earl R. Ruckdeschel and Anne R. Ruckdeschel or on the death of a single individual.

Note that Carol A. Ruckdeschel had a special use permit granted for the building of a 16 foot by 16 foot structure for the storage of personal property on the reserved estate as well as the reconstruction of a roof on the subject premises.

18. TRACT NO. 01-113; OWNERS: Carol A. Ruckdeschel

LEGAL ISSUES RAISED: None

19. TRACT NO. 02-192; OWNERS: Gertrude Schwartz as Trustee for Andrew Carnegie, III, her successors and assigns.

LEGAL ISSUES RAISED: None.

20. TRACT NO: 03-101; OWNERS: Margaret C. R. Sprague, her spouse, and her last surviving child.

LEGAL ISSUES RAISED: None.

21. TRACT NO: 01-102 (a); OWNER: Table Point Co., Inc.

LEGAL ISSUES RAISED: If NPS ever constructs or maintains an airfield on Cumberland Island, the Reserver shall have a right to use such airfield and the right of access to and from the retained area during the term of the retention.

TRACT: 02-109

OWNERS

Mary R. Bullard her spouse and her last surviving child

GENERAL LOCATION

RESERVED INTEREST

Life estate for non-commercial residential purposes for the life of Mary R. Bullard, her spouse, and her last surviving child on10.10 acres, more or less.

DEED AND GRANT DATED APRIL 12, 1971

EXPIRATION DATE

Upon the last to die of the following: Mary R. Bullard, her spouse, or her last surviving child.

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Right of vehicular assess to family cemetery.

______Right to unrestricted vehicular access to established road and trail system on those lands owned or acquired by NPS on Cumberland Island.

______Right to travel to, from, and on the ocean beach, it being understood and agreed that said right to travel on the ocean beach shall terminate upon the death of Mary R. Bullard.

B: DOCK ACCESS

______No rights to main dock at Dungeness.

______Construction of private dock is allowed.

______Right to utilize wharfage owned by NPS to land supplies, which cannot be readily landed at the reserver’s private dock.

C: BEACH ACCESS

______Right to travel to, from, and on the ocean beach, it being understood and agreed that said right to travel on the ocean beach shall terminate upon the death of Mary R. Bullard, such right being non-assignable. The right of unrestrictive travel is non-assignable except as to the main road.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

______Right to construct a single family dwelling during life of Mary R Bullard

______Reserver has the right to construct and use the private dock on the land granted to her for access to and from the island.

E: EASEMENT

______Right to have utility service to property

F: ASSIGNABILITY OF RIGHT

______Right of unrestrictive travel is non-assignable except as to the main road.

G: RIGHT TO LEASE OR RENT

______Not mentioned.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

______Mary R. Bullard, her spouse and issue can sell the interest in this property, but NPS has right to first refusal.

TRACT 01-101 (d)

OWNERS

Nancy J. Butler, her spouse, Landon Butler, and their issue

GENERAL LOCATION

RESERVED INTEREST

Life estate for non-commercial residential purposes for the life of reserver, spouse and their issue on 2.6853 acres, more or less.

Deed dated 10-9-70

EXPIRATION DATE

Upon the last to die of the following, Nancy J. Butler, Landon Butler, the issue of Nancy J. Butler and Landon Butler.

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Right to unrestricted vehicular assess over main road and easement to and from “family cemetery”.

______Guaranteed right of vehicular assess to the retained use area of the Plum Orchard Road and an un-named spur road leading north towards Duck House, or in lieu thereof a satisfactory alternative route of assess.

______The right of vehicular assess to the retained use area from permitted points of assess to the island.

______Reserver’s access rights do not include the right to drive over unvegetative sand dunes.

B: DOCK ACCESS

______Reserver shall have no right to the service area and main dock at Dungeness.

______Reserver shall have the right to use wharfs on lands owned by NPS.

C: BEACH ACCESS

______Reserver has the right to construct and maintain an unobstructed pathway to the beach.

______Reservers access rights do not include the right to drive over unvegetative sand dunes.

______Reserver has the right to stabilize the dunes immediately in front of the property located near the ocean beach.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

_______Reserver has the right to maintain and improve structures existing as of 10-9-70.

______Reserver has the right to complete construction of a single family residential dwelling. If no such dwelling is built within ten years then the reserved rights are terminated.

______Reserver shall have the right to repair or rebuild structure if it is partially or completely destroyed by fire or forces of nature. This right to rebuild must be exercised within 24 months or the right will terminate upon the tender of the pro rata portion of the value of the remaining retained estate which reflects the after loss value of the improvements.

E: EASEMENT

______NPS has the right within the retained area, at mutually agreeable places, for easements and rights of ways, for hiking, riding and bike trails, for scenic roadways and underground utility lines and other similar purposes.

F: ASSIGNABILITY OF RIGHT

______Reserver agreed on behalf of themselves, their licensees, invitees, or assigns, not to commit waste or to cut or remove any timber other than required for residential building purposes. This language appears to recognize a power to assign rights.

G: RIGHT TO LEASE OR RENT

_______There is a right to lease for non commercial purposes for not less than week to week tenancies.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

______NPS has first right of refusal to purchase the reserver’s interest should the reserve wish to sell

TRACT 02-112

OWNERS

Lucy Carnegie Sprague Foster, Franklin Whittington Foster, their heirs and assigns

103 Exchange Street, Portland, Maine

GENERAL LOCATION

RESERVED INTEREST

25 year estate of use and occupancy for non-commercial residential purposes beginning on January 2, 1975, on 1.00 acres.

Deed and grant dated 01-02-75

Deed of easement dated 05-01-75

Deed of gift dated 05-20-75

Deed of gift dated 01-01-76

EXPIRATION DATE

January 2, 2000

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Reservers have a right, in perpetuity to have reasonable access to and use of, the family cemetery.

_____Reservers have a right to the roads directly adjacent to the reserved property.

______Reservers have a right to the continued use, operation and maintenance of the aircraft runway and its related structures and facilities located on the premises conveyed and on the premises adjacent thereto provided however that such use shall be in common with others so entitled to use said airstrip at the pro rata expense for use with such other persons. The NPS has the right to substitute other aircraft runways, structures, and facilities of equal or greater quality and comparable utility which the NPS may operate or maintain on Cumberland Island.

______Reservers have the right to use the main dock at Dungeness as well as the service road and main road..

______Reservers have the right of vehicular and personal ingress and egress to the reserved area, to the air strip, to the main dock at Dungeness Cumberland Island over roadways and passageways as they now exist, or as the same may be reasonably re-located by the NPS.

______Reservers have the right to maintain a vehicle or vehicles on the reserved area together with such ancillary facilities and services as are reasonable in order for the Reserver to be able to use and enjoy the access and road rights described herein ( service road and main road).

______Reservers have conveyed by Deed of Easement dated 05-01-75, to Lucy Sprague Foster, her heirs and assigns, a non-exclusive easement and right to use the airstrip, such right to terminate when Foster life estates to airstrip terminate. (See Tracts 02-134, 02-145, 02-191)

B: DOCK ACCESS

_____The Reservers have a right to use the main dock at Dungeness.

C: BEACH ACCESS

_____None.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

_____None.

E: EASEMENT

_____Reservers have a right to enter upon the other land conveyed by them to the NPS for the purpose of repair and replacing any utility lines (e.g., water mains, electrical wires, phone cables, etc.) now or hereafter serving the retained area. As to other easement rights, see the headings above.

F: ASSIGNABILITY OF RIGHT

_____None.

G: RIGHT TO LEASE OR RENT

____Right to lease reserved property from not less than week to week tenancies.

H: LEGAL ISSUES RAISED

_____None.

NATIONAL PARK SERVICE RIGHT OF FIRST REFUSAL

_____None.

TRACT 01-103 (a)

OWNERS

Cumberland Island Properties, Inc. (Shareholders – Henry Carter Carnegie, and James Henry Bratton, Jr., and their spouses and children)

GENERAL LOCATION

RESERVED INTEREST

Life estate for non-commercial residential purposes ending upon the death of the last to die of the following persons: the above-named Shareholders, and the spouses of each them, and the children of said Shareholders in life as of 10-08-70. Said life estate is on 15.0 acres described in the Deed dated October 8, 1970.

EXPIRATION DATE

RIGHTS GRANTED OR RETAINED

The Reservers life estate is contingent upon the reserver commencing and completing construction of a single family residence dwelling within 10 years from 10-08-70 on each of the parcels described above.

Note: There is a hand written note in the margin of the documents received from the NPS concerning this reserved interest which states that the reserved interest was not used and that nothing was built on said property. It appears that Tract 01-103 (a) may have reverted to NPS.

TRACT 02-134 Chimney House

TRACT 02-145 Stafford House

TRACT 02-191 Air Strip

OWNERS

Lucy Foster, her heirs and assigns; Franklin R. Foster, his heirs and assigns; Franklin R. Foster, as Trustee for Franklin Whittington Foster, his heirs and assigns; and Franklin T. Foster, as Trustee for Lucy Carnegie Sprague Foster, his heirs and assigns.

GENERAL LOCATION

RESERVED INTEREST

Life estate to Lucy Foster in an undivided 1/4 interest; life estate to Franklin R. Foster in an undivided 1/4 interest; life estate to Franklin R. Foster as Trustee for Franklin Whittington Foster in an undivided 1/4 interest; and life estate to Franklin R. Foster as Trustee for Lucy Carnegie Sprague Foster in an undivided 1/4 interest. Said life estate is to terminate upon the death of the last survivor of Lucy Foster, her heirs and assigns; Franklin R. Foster, his heirs and assigns; Franklin R. Foster, as Trustee for Franklin Whittington Foster, his heirs and assigns; and Franklin T. Foster, as Trustee for Lucy Carnegie Sprague Foster, his heirs and assigns.

This life estate is for non-commercial residential purposes on two parcels, one being a 5.83 acre parcel known as the Stafford House and the other being a 15.0 acre parcel known as the Chimneys House.

EXPIRATION DATE

All life estates to terminate at the death of the last survivor of Lucy Foster; Frank R. Foster; Franklin Whittington Foster and Lucy Sprague Foster.

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Reservers, heirs and assigns have a right of ingress and egress and use in and to the main dock, service area, service road and main road at Dungeness, to be appurtenant to and run with the life estates, as more fully described in the findings for case no. 1667.

_____Reservers have a right of unrestricted vehicular passage over the main road and an easement granting ingress and egress to the family cemetery.

______Reservers have rights of ingress and egress to the property reserved for the period of the retained estates, together with the right to continued use, operation and maintenance of the aircraft runway presently located on their land adjacent to the premises conveyed herein, jointly with other so entitled to use said airstrip, as their pro rata expense for the use with other persons subject to the right of the NPS to substitute other aircraft of equal or better quality.

_____Lucy Foster, her heirs, successors and assigns have easements and rights of ingress and egress and use over and across the roadways existing on the 40.0 acre tract known as Tract 02-145 to and from other lands now owned by the Reservers including the Stafford House property and the Chimney House Property (Tract 02-134) and the property adjacent to the 40 acres to the east.

B: DOCK ACCESS

______Reservers, their heirs and assigns have the right of ingress and egress and use in and to the main dock, service area, service road, and main road at Dungeness to be appurtenant to and run with the life estates as described in the findings for case no. 1677.

C: BEACH ACCESS

______None.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

______Reservers shall not construct additions to existing structures or construct additional structures.

E: EASEMENT

_____The NPS has a perpetual and assignable easement for passage for the use by its officials, employees, agents, and invitees, including the general public, on, over, across, and in the following property, “ an easement of passage 50 feet in width lying between two parallel lines, the westerly easement line begin a line 50 feet west of and parallel to the mean high water line of the Atlantic Ocean and the easterly easement line being the low mean high water mark of the Atlantic Ocean.”

_____The easements granted to Reservers, heirs, successors and assigns are for the non-exclusive use of the same and benefit to the land reserved during the term of the life estates.

F: ASSIGNABILITY OF RIGHT

______Note that on numerous occasions the documents speaks to the rights of Reservers their licensees, invitees, or assigns. This language suggest the Reservers have the power to assign their interest.

G: RIGHT TO LEASE OR RENT

______Reservers have a right to lease to single families for not less than week to week tenancies.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

_____Reservers agree that in the event that the Reservers, heirs, successors or assigns or any of them, wish to sell, transfer, donate their retained estates, NPS shall have the first right of refusal.

TRACT 02-101 (5.95 ACRES) (The Grange)

TRACT 02-162 (9.90 ACRES)

TRACT 02-110 ( Approx. 10 acres) (Grave’s Beach House)

OWNERS

Lucy C. J. Graves (Talbott)

GENERAL LOCATION

RESERVED INTEREST

40 Year estate ending on 12-15-2010 for non-Commercial residential purposes on the 5.95 acre tract, and a 40 year estate beginning on 3-9-78 on the 9.90 acre tract. (There is some ambiguity as to when the 9.90 acre tract estate for years ends) Right of substitution of two (2) parcels of specifically described land, such right expiring 12-15-80.

EXPIRATION DATE

As to the 5.95 acre tract: December 15, 2010

As to the 9.90 acre tract: Either December 15, 2010 or March 9, 2018

RIGHTS GRANTED OR RETAINED

A: DRIVING

_______Reserver has the right of unrestricted vehicular passage over the main road and an easement granting ingress and egress to the Family Cemetery.

______Reserver has the right of ingress and egress to the retained use areas from permitted points of access to the island and the main road together with the right to bring utilities into the retained use area.

B: DOCK ACCESS

_______Reserver has no right to the service area and main dock.

______ Reserver has the right to the Dungeness and Plum Orchard wharfs on lands owned by the NPS for access to and from the island for private purposes.

C: BEACH ACCESS

______None.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

______Reserver will maintain all improvements existing as of December 15, 1970 in a good state of repair at her own expense, and will maintain fire insurance policy.

______Reserver’s retained use right is contingent upon the commencing and completing of construction, within 10 years from December 15, 1970, of a single family residence on the 5.95 acre tract and the commencing and completion of construction of a single family residence on the 9.90 acre tract ( The Grange) prior to December 15, 1980. Failure to complete construction within this time period shall result in a termination of the retained right use on that particular parcel upon tender by NPS of the pro rata portion of the value of the remaining retained estate based on the value of the retained estate as determined by the December 15, 1970 deed and the March 9, 1978 deed.

E: EASEMENT

_______NPS has the right, within the retained area to reserve, at mutually agreeable places, easements and rights of way for hiking, riding, and bike trails, for scenic road ways and underground utilities lines, and other similar purposes.

F: ASSIGNABILITY OF RIGHT

_______There is language concerning the Reserver agreeing on behalf of herself, her licensees, invitees, or assigns, not to commit waste or to cut or remove any timber other than required for residential building purposes.

G: RIGHT TO LEASE OR RENT

______The private single family residences are permitted to be leased from not less than week to week tenancies.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

______NPS has the right of first refusal on the purchase of the aforesaid property.

TRACT NO. 03-145 (?)

DEED OF EXCHANGE #80

OWNERS

The reservers are Cumberland Island Holding Company, a corporation and Richard B. Goodsell, individually. Goodsell Land and Development Company has a 37.5 percent undivided interest in the retained estate together with the rights and privileges the remaining interest being held by Cumberland Island Holding Company of Hilton Head Island, South Carolina.

GENERAL LOCATION

Parcel One being 6.55 acres, more or less, located at the intersections of Davis Road and Old House Road with River Street as well as Parcel Two consisting of 0.38 acres, more or less, on the western most boundary of parcel one.

Deed No. 80

RESERVED INTEREST

An estate for years.

EXPIRATION DATE

40 year estate of use and occupancy ending on 9-29-2010 for non-commercial residential purposes

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Easement for ingress and egress from the main road for pedestrian and vehicular traffic via the Old House Road which may be is closed to the public by a locked gate.

______Reserver does not have rights to the service area or main dock at Dungeness.

______Reserver has granted to S. Larry Phillips of Glen County, Georgia, a non-exclusive easement of use in and to the certain roads, docks, in Cumberland Island beach to the low water mark.

______Mr. Goodsell has a right to us all roads, the dock at the 2 acres which was previously exchanged for, the easement to the beach walk and bath and dressing room facilities, and the easement to the beach to the low water mark of the Atlantic Ocean. With respect to this use, except for the roads, Mr. Goodsell’s use is subject to the prior use of the NPS, provided NPS’s use does not exclude Goodsell’s reasonable use at any time during his ownership of the retained area

B: DOCK ACCESS

_______Reserver does not have rights to the service area and main dock at Dungeness as described in the findings for Case No. 1667.

________Reserver has a right of ingress and egress to the retained area by water and Reserver may construct a dock to service his retained area. After completion of construction of said dock, Reserver shall terminate the rights to the dock in Tract 5N.

_______ Reserver has an easement to the dock in Tract 4S.

_______Reserver has granted to S. Larry Phillips of Glen County, Georgia, a non-exclusive easement of use in and to the certain roads, docks, and Cumberland Island Beach to the low water mark.

_______Mr. Goodsell has the right to use the dock on the 2.0 acres which was given to the United States of America by Goodsell in exchange for the current and reserved rights given.

C: BEACH ACCESS

______Reserver has an easement to the beach walk and bath and dressing room facilities located on 38 acres, and an easement of ingress and egress from the main road to said dock and beach walk and bath facilities, and an easement to the beach and a low water mark of the Atlantic Ocean, provided that easements shall be confined to existing roadways and trails, replacement roadways and trails constructed by NPS. Reserver has granted to S. Larry Phillips of Glen County, Georgia a non-exclusive an easement of use in and to those certain roads, docks, and the Cumberland Island Beach to the low water mark. Reserver has vehicular beach access via the Davisville Road to the beach.

_______Mr. Goodsell has a right to use all roads, the dock at the 2.0 acres which was exchanged and given to the United States of America, the easement to the beach walk and bath and dressing room facilities, and the easement to the beach to the low water mark of the Atlantic Ocean. Mr. Goodsell’s use is subject to the prior use of the NPS.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

______Reserver’s use is limited to one residence or lodge of not more than six bedrooms on the reserve property which will not blemish the retained area.. Improvements must be limited in height not to exceed the average height of the surrounding hardwood trees and are to be constructed of landscape blending exterior finish materials. Reserver also has the right to cuild a Gazebo on the Highland near the march not exceeding 400 square feet.

_______Mr. Goodsell had the right to build one two bedroom modular unit of the six bedroom residence, provided that so long as reserve owns an undivided interest over 25 percent of the retained estate, reserver shall have the right to approve any construction plans. Reserve has the right to build the other four bedrooms to complete the residence.

E: EASEMENT

_______Reserver has an easement for ingress and egress from the main road for pedestrian and vehicular traffic.

______The NPS has the right to easements and right of ways for hiking riding, and bike trails, for scenic road race, for underground utilities, and other similar purposes, at places mutually agreed to by the parties.

______Reserver has an easement for its “invitees, licenses and assigns,” to use the dock and air strip located in Tract 5-N and an easement 30 feet in width for pedestrian vehicular traffic providing access from the dock and air strip to the main road. IF the NPS provides another airstrip on Cumberland Island for the reservers use which can be safely used for a Cessna 421 or similar aircraft, reserver shall relinquish its easement for the use of this airstrip in Tract 5-N.

______Reserver has a right of ingress and egress to the retained area by water.

______Reserver may construct a dock to serve said retained area. After completion of the construction of said dock, Reserver shall terminate the rights to the dock in Tract 5N.

_______NPS will grant, immediately upon written request to Reserver, whatever easements may be required to any utility system, for the purpose of installation and maintenance of electric transmission and distribution system to Reserver’s retained area.

______Reserver has an easement to the beach walk and bath and dressing room facilities located on 38 acres.

______Reserver has an easement of ingress and egress from the main road to the dock, beach walk and bath facilities.

______Reserver has an easement to the beach and the low water mark of the Atlantic Ocean.

______These easements shall be confined to roadways and trails and replacement roadways and trails constructed by the NPS.

______Reserver has an easement to the dock in Tract 4S.

______Reserver has granted to S. Larry Phillips of Glen County, Georgia, a non-exclusive easement of use in and to those certain roads and docks in Cumberland Island Beach to the low water mark.

F: ASSIGNABILITY OF RIGHT

______All of reservers rights are available to their “invitees, licenses, successors and assigns.” This language seems to recognize the power of the Reserver to assign his/her rights to other parties.

G: RIGHT TO LEASE OR RENT

______Right to lease the reserved property for one or more weeks at a time.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

______None.

TRACT NO: 3-107

OWNERS

James Grover Henderson; J. Grover Henderson, as attorney in fact for Irene B. Henderson*

GENERAL LOCATION

Across from Davis Road –

RESERVED INTEREST

Life estate for non-commercial residential purposes ending on upon the death of both of the owners, James Grover Henderson and Irene B. Henderson*

EXPIRATION DATE

RIGHTS GRANTED OR RETAINED

A: DRIVING

_____Reserver has the right of ingress and egress from the Dungeness Dock, the Old House Creek Dock as well as the Sea Camp Dock to the main road on Cumberland Island, Camden County, Georgia.

______ Reserver may park a vehicle adjacent to the above docks and at Sea Camp dock.

B: DOCK ACCESS

______Reserver has access to Dungeness Dock and Old House Creek Dock.

C: BEACH ACCESS

______Reserver shall have vehicular beach access by way of the Davisville Road so long as the beach is owned or controlled by the State of Georgia.

______Reserver retains all rights pertaining to fishing, hunting and harvesting of clams and oysters that they originally possess.

______Note: A letter from Georgia DHR to Mr. J. Grover Henderson dated January 4, 1993, authorizing Mr. Henderson to operate motor vehicles along the shorelines of Cumberland Island.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

______Reserver may close the Davis Road in an area adjacent to where it intersects with the main road and west of the reserved estate on Davis Road. Reserver shall not materially add to nor materially alter the character of existing improvements or structures or perform any new construction or change the topography of the land without permission in writing from the NPS superintendent.

______ A special use permit was issued by the NPS in December of 1989 allowing J. Grover Henderson to build a storage building on the reserved property.

E: EASEMENTS

_______Members of the public shall have no right to enter upon the premises. The United States government shall have the right to enter upon the premises.

*Apparently deceased

F: ASSIGNABILITY OF RIGHT

_______The estate may be conveyed, assigned, or otherwise transferred to another party for non-Comercial residential purposes, the successor thereupon acquiring all the rights and obligations of the original reserver. The successor shall, within 90 days of such conveyance, assignment or transfer, so notify the superintendent.

G: RIGHT TO LEASE OR RENT

______See above.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

TRACT NO: 01-104

OWNERS

High Point, Inc, and its shareholders names: Mrs. Claire Clement Candler, Charles Howard Candler, III, Walker Tolbert Candler, Catherine Claire Candler, Douglas Harper Candler, Charles Howard Candler, IV, Mrs. Glenn Candler Fuller, Thomas Fuller, III, Thomas Fuller, IV, Cynthia Ann Fuller, Samuel Ozburn Candler, Mrs. Beth Denny Candler, Samuel Glenn Candler, Beth Meredith Candler, Catherine MacGregor Candler, Richard Allen Candler, Mrs. Mary R. Warren, William C. Warren, III, William C. Warren, IV, Thomas R. Warren, Catherine Anne Warren, Glenn D. Warren, James K. Warren, Howard C. Warren, Mrs. Catherine W. Dukehart, Lamar Q. Ball, III, David A. Ball, and William A. Ball

GENERAL LOCATION

RESERVED INTEREST

Life estate for non-commercial residential purposes ending upon the date of the death of the last surviving shareholder named above on 38 acres.

EXPIRATION DATE

Upon the death of the last surviving owner listed above.

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Ingress and egress over the existing road which passes the church located at the Half Moon Bluff Subdivision or any other route mutually agreeable to the Reservers and the NPS.

______Unrestricted vehicular passage by motorized or other conveyance on or over the portions of the main road running from Tract 5-S to Tract 5-N (virtually the entire length of the main road) together with right of access to and from the main road.

_______Right of ingress and egress to and from and including the High Point Compound over the existing High Point main road and over existing roads from the High Point compound to areas of rights and easements reserved and set forth herein, the Cumberland Wharf and the High Point Beach House on the Atlantic Ocean Beach.

______Reserver shall have no easement right for motorized conveyance to or from the Cedar Dock area.

_______Reservers do have the right to utilize all established roads and trails from Cumberland Island National Seashore so long as such roads and trails are open to any public vehicular traffic.

______Reservers reserve the right to utilize all established roads and trails on Cumberland Island National Seashore so long as such roads and trails are open to any public vehicular access.

B: DOCK ACCESS

______Access to the beach not covered in Agreement.

______ Reserver’s have exclusive right of usage to Willow Dock, located within the High Point Compound, Christmas Creek Dock also known as Cedar Dock, Brick-Kiln Dock, located on Hawkins Creek, High Point Dock

C: BEACH ACCESS

______Reservers have exclusive right of use of the structure located on the Atlantic Ocean beach, known as High Point Beach house.

______Reservers have all rights pertaining to fishing and harvesting of clams and oysters currently possessed by Reserver’s.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

_______Reserver shall have the right to easements over the property permitting the construction, maintenance, repair of the utilities at locations agreeable to NPS.

______Reservers contemplate the construction and refurbishing improvement for building and modernizing of various dwellings located upon the High Point Compound and is permitted to build such structures during a four year period beginning January 20, 1982 . After the expiration of this four year period, the Reserver shall not add or materially alter the character of existing improvements other than normal maintenance and upkeep and repairs.

E: EASEMENT

_______Reservers have standard utility easements rights and rights of easements over roads as noted above.

F: ASSIGNABILITY OF RIGHT

______Not mentioned.

G: RIGHT TO LEASE OR RENT

______Not mentioned.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

TRACT NO: 01-119

Tract No.:01-016 (containing 2.51 acres, more or less)

OWNERS

Virginia Olsen Horton, Olaf Helmer Olsen, Thora Olsen, Sonja Olsen Kinard, Karen Olsen Cate, Sonja Lewis Olsen, Karol Kinard, Karl Olaf Kinard, Charles Dexter Kimsey, Jr., Eric Daryl Kimsey, Michael Olaf Kimsey, David Huff Kimsey, Philip Olsen Kimsey, Robert Edgeworth Horton, Jr., Lewis Olsen Horton, Helene Horton, Jennifer Leigh Horton, Robert E. Horton, Gloria L. Olsen, Charles D. Kimsey, Karl W. Kinard, Jr., Henry Cate and Kathy S. Kimsey, their heirs and assigns.

GENERAL LOCATION

Near the Settlement at the north end of the island.

RESERVED INTEREST

Life estate for non-commercial residential purposes on 2.51 acres, via warranty deed dated July 25, 1977.

EXPIRATION DATE

Upon the death of the last surviving owner listed above.

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Reserver has access, ingress and egress at all times to the reserved area as existing and used as of July 25, 1977. All means of access shall be maintained by the Reserver.

B: DOCK ACCESS

_______Both docking and dock access shall be at the discretion of the superintendent except for dockage presently existing or utilized by Reserver and for property already having such docking facilities on the property in which case easement for such docking is granted.

C: BEACH ACCESS

______Not mentioned.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

_______Reservers shall be responsible for protecting their interest and investment in improvements. Should improvements be damaged reserver has a ten year period from the date of damage to replace or repair structures.

______Reserver shall not add or materially alter the character of existing improvements or structures or perform any new construction or change the topography of the land without approval of the superintendent.

E: EASEMENT

______Not mentioned.

F: ASSIGNABILITY OF RIGHT

_______The retained estate may be conveyed, assigned, or otherwise transferred to another party. The successor shall within 90 days of such conveyance, assignment, or transfer, so notify the superintendent of Cumberland Island.

G: RIGHT TO LEASE OR RENT

______See above.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

Not mentioned.

TRACT NO: (01-102) (01-101 (a))

OWNERS

Coleman S. Johnston

GENERAL LOCATION

Table Point.

RESERVED INTEREST

36 year estate for non-commercial residential purposes only beginning on 5-7-75 on 20 acres, more or less.

EXPIRATION DATE

May 27, 2011

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Reserver has the right of unrestricted vehicular access over the main road and easement granting ingress and egress to the family cemetery.

______Reserver has the right of ingress and egress to retained areas of use from permitted points of access ( perhaps only Munford Creek) to the island.

______Reserver has the right of ingress and egress to retained areas of use from the main road.

______Reserver has the right to the existing road ways or trails on the 20 acre property on the south and east of it which may be used by Reserver for ingress and egress from the property to other portions of the Island, but the use of the roadway or trail to the north of the 20 acres shall not be permitted.

B: DOCK ACCESS

______ Reserver has no right to the use of the service area and main dock at Dungeness.

______Reserver has right of ingress and egress to the 20 acres by water at those locations where said property abuts on Munford Creek.

C: BEACH ACCESS

______Not mentioned.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

______Reserver has the right to build single family residence within 6 years from 5-27-75. Failure to complete construction within the six year period shall result in a termination of the reserve right of use.

E: EASEMENT

______NPS has right to conduct archaeological testing and the salvage of artifacts.

______Reserver has the right to utility easements.

F: ASSIGNABILITY OF RIGHT

______Agreement of 5-27-75 states that the rights contained in that Agreement are not assignable; but it is agreed that Reserver may lease or assign from time to time, or concurrently with his enjoyment of the estate, tenancies or co-tenancies in the reserve estate subject to the use being solely for non-commercial single-family residential purposes.

G: RIGHT TO LEASE OR RENT

______See above.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

NPS has the first right of refusal to purchase.

TRACT NO:01-101 (e)

OWNERS

Marius E. Johnston, Jr, Helen S. Johnston

GENERAL LOCATION

RESERVED INTEREST

There is no term or life estate for use or occupancy granted to these people.

EXPIRATION DATE

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Reserver has a right of unrestricted vehicular passage over the main road and an easement granting ingress and egress to the Family Cemetery.

B: DOCK ACCESS

______Reserver does not have a right in the easement for access to and use of the Service Area and main dock at Dungeness.

C: BEACH ACCESS

______Not mentioned.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

E: EASEMENT

F: ASSIGNABILITY OF RIGHT

G: RIGHT TO LEASE OR RENT

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

TRACT NO: 01-101 (b)

OWNERS

Thomas M. C. Johnston, Jr. and Mireille Johnston and their issue

GENERAL LOCATION

Plum Orchard

RESERVED INTEREST

A life estate for non-commercial purposes granted by deed dated October 9, 1990. The property is approximately 13.1754 acres.

EXPIRATION DATE

Upon the last to die of Thomas M. C. Johnston, Jr, Mireille Johnston and their issue.

RIGHTS GRANTED OR RETAINED

A: DRIVING

_______Reserver has the right of unrestricted vehicular passage over the main road and an easement granting ingress and egress to the Family Cemetery at Dungeness.

______Reserver has the right of vehicular access to the retained use area from the permitted points of access to the island.

B: DOCK ACCESS

______ Reserver does not have rights to service area or main dock at Dungeness.

______Reserver has the right to continue to use a wharf on lands owned by the NPS for access to and from the island for private purposes.

______Reserver has the right to construct a wharf permitting access to the Cumberland Sound from retained area.

C: BEACH ACCESS

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

______Reserver has the right to complete construction of a single family residence dwelling within ten years from 10-9-70. Failure to complete construction with in ten years should result in the termination of retained right.

E: EASEMENT

______NPS has the right within the retained area for easements, right of ways, for hiking, riding, biking trails, scenic roadways and underground utility lines and other similar purposes.

F: ASSIGNABILITY OF RIGHT

G: RIGHT TO LEASE OR RENT

______Private single family residence to be leased for not less than week to week tenancies.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

NPS does have the right of first refusal to purchase the interest.

TRACT NO: 01-122 (Deed No. 132)

OWNERS

Mrs. L. S. Miller, Sr., Mary Edna Miller a/k/a Mary E. Miller, L. S. Miller, Jr. a/k/a Laurence S. Miller, Jr., Henry Burr Miller, a/k/a H. B. Miller, Mary K. Miller Cannon, Ouida Kimbrough Miller, Hampton Stephenson Bishop, Mathew Laurence Bishop, Arthur Lanier Bishop, Jr., and Any Miller Bishop

GENERAL LOCATION

Settlement at north end of the island.

RESERVED INTEREST

Life estate in all the of the above Reservers on 1.13 acres, together with the dwelling thereon.

EXPIRATION DATE

The death of the last surviving listed above.

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Not explicitly addressed.

B: DOCK ACCESS

______Reserver has the right of continued use of access to and from the property by the dock located on Faders’ Creek and the continued use of access by the dock located on Hawkin’s Creek.

C: BEACH ACCESS

_____None.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

_____Reserver shall not add to or materially alter the character of existing improvements or structures or perform any new construction or change the topography of the land without approval of NPS except that Reserver shall have the right to construct an additional 500 square feet of living space on the existing residence. Such construction should have been completed on or before August 6, 1982 and if such construction is not completed by said date, Reservers forfeit their right to additional construction.

E: EASEMENT

F: ASSIGNABILITY OF RIGHT

_____ None.

G: RIGHT TO LEASE OR RENT

______ Reserver has a right to accommodate any paying guest for tenancies of 90 days or more per tenancy.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

None.

TRACT NO: 1-102B

OWNERS

Thornton W. Morris, his heirs and assigns.

GENERAL LOCATION

Table Point.

RESERVED INTEREST

A life estate for non-commercial purposes ending on the death of each and every shareholder of Table Point Co., Inc. or the death of their last surviving heir, which ever is later, on an 8.00 acre tract together with construction thereon.

Pursuant to an affidavit of Thornton W. Morris, dated September 26, 1980, the shareholders of Table Point Co., Inc. as of the date of the deed of the subject tract were as follows: Trust of Coleman Perkins, Estate of Elizabeth V. Perkins, Catherine Perkins Hartsfield, Margaret Perkins Sise, William B. Perkins, Frederick C. Perkins, Thornton W. Morris.

The following shareholders were living as of September 26, 1980 and were using the subject property with their respective families: Catherine Perkins Hartsfield, Margaret Perkins Sise, William B. Perkins, Frederick C. Perkins, Thornton W. Morris.

EXPIRATION DATE

On the death of each and every shareholder of Table Point Co., Inc. or the death of their last surviving heirs which every is later.

RIGHTS GRANTED OR RETAINED

A: DRIVING

_____ Reserver has a right of unrestricted vehicular passage over the main road and an easement granting ingress and egress to the Family Cemetery.

_____Reserver has an easement for ingress and egress to and from the reserved area, via McIntosh Creek, also known as Malkintoon Creek.

B: DOCK ACCESS

_____Reserver does not have rights to the service area and main dock at Dungeness.

_____Reserver has an easement for ingress and egress to and from the reserved area, via McIntosh Creek, also know as Malkintoon Creek.

_____Reserver has the exclusive right to continue to use Squaw Town Wharf and any additional wharf it may construct, for access to and from the island.

C: BEACH ACCESS

_____Beach access only. NPS special use permit grants access over dunes to the ocean via Southcut Road only. Expires 2000, September 30. (See Table Point Co. Tab #21)

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

_____Reserver has the right to construct a single family dwelling at any time during the term of retention of the retained area. The construction shall include the right to provide support facilities, including but not limited to corrals, fences and outbuildings. The Reservers may maintain livestock on the retained area for their personal use.

_____The Reserver has the right to re-construct dwellings or other improvements at any time within 10 years from November 2, 1970. If a dwelling structure is partially or completely destroyed by fire or otherwise after November 2, 1980, and no other occupiable dwelling structure remains on the total retained area, the Reserver shall have a period of 24 months within which to commence rebuilding, or the right to retained use shall terminate upon the tender of the unexpired pro-rata portion of the value of the retained estate which reflects the value of the property, less improvements, as determined by the November 2, 1970 deed.

_____Reserver has the right to construct and maintain sanitary disposal facilities of all types, including garbage dumps, to be constructed and maintained in accordance with Federal/State regulations and provided that said facilities will be screened from public view from the main North/South Road as it exists on November 2, 1970.

E: EASEMENT

_____ Reserver has the right of ingress and egress to and from reserved area via McIntosh Creek, also know as Malkintoon Creek.

_____Reserver has the right to easements permitting the construction and maintenance of public utilities serving the retained use area.

F: ASSIGNABILITY OF RIGHT

_____Reserver agrees on behalf of itself, its successors and assigns, licensees and invitees not to commit waste or remove any timber for commercial purposes.

G: RIGHT TO LEASE OR RENT

______Reserver has the right to lease the private single family residences and support facilities, including dockage and island transportation rental in connection with their non-commercial residential use of the property.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

_____ NPS shall have the right of first refusal to accept or decline any offer of the sale within 30 days from the date of such notice of intention to sell by Reserver. November 2, 1970 deed contains the purchase price.

TRACT NO: 01-101 (c)

OWNERS

Margaret J. Richards, Kenneth Richards, her husband, and their issue.

GENERAL LOCATION

Directly east of Plum Orchard down Duck House Road.-

RESERVED INTEREST

A life estate for non-commercial residential purposes, for the lives of Margaret J. Richards and Kenneth Richards, her husband, and their issue, on 3.3150 acres, more or less.

EXPIRATION DATE

On the death of the last to die of Margaret J. Richards, Kenneth Richards, and their issue.

RIGHTS GRANTED OR RETAINED

A: DRIVING

_____ Reserver has unrestricted vehicular passage over the main road and an easement granting ingress and egress to the Family Cemetery.

_____Reserver has the right of vehicular access to the retained area via Plum Orchard Road and the unnamed spur road leading to Duck House, or in lieu thereof a satisfactory alternative route of access and the right of vehicular access to the retained area from permitted points of access to the island.

B: DOCK ACCESS

______ Reservers do not have rights to the service area or main dock at Dungeness. Reserver has the right to continue to use a wharf on lands owned by the NPS for access to and from the island for private purposes.

C: BEACH ACCESS

_____Reserver has the right to construct and maintain an unobstructed pathway to the beach. Reserver’s access rights do not include the right to drive over unvegetated sand dunes. Reserver has the right to stabilize the dunes immediately in front of the property located near the ocean beach.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

_____Reserver has the right to substitute within 10 years from October 9, 1970, a 4 acre or less parcel whose dimensions are approximately square, at a mutually agreeable site, the height of any building or improvement shall not exceed 40 feet. Reserver has to complete construction of a single family residential dwelling if retained use area is undeveloped , within 10 years from October 9, 1970. The right of construction is limited to a one single family residence. Failure to complete construction within ten years could result in a termination of the retained right upon tender by the NPS of a pre rata portion of the value of the remaining retained estate based on he value of the retained estate as determined in the October 9, 1970 Deed.

_____Reserver has the right to maintain and improve structures existing as of the October 9, 1970 deed on any of the areas where they have retained use rights.

E: EASEMENT

_____ NPS has a right within the retained area, at mutually agreeable places, for easements and rights-of-way for hiking, riding, and bike trails, for scenic roadways and underground utility lines, and other similar purposes.

F: ASSIGNABILITY OF RIGHT

_____Reserver agreed on behalf of themselves, their licensees, invitees, or assigns, not to commit

waste or to cut or remove any timber other than required for residential building purposes.

G: RIGHT TO LEASE OR RENT

______ Private single family residence are permitted to be leased for not less than week-to-week tenancies.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

_____NPS has the right of first refusal to purchase the Reserver’s interest in the balance of the retained estate should the Reserver wish to sell it.

TRACT NO: 04-134

OWNERS

Carol A. Ruckdeschel, Earl R. Ruckdeschel and Anne R. Ruckdeschel

GENERAL LOCATION

The Settlement.

RESERVED INTEREST

A life estate of use and occupancy for single family non-commercial residential purposes on 0.31 acres, more or less.

EXPIRATION DATE

The last to die of Carol A. Ruckdeschel, Earl R. Ruckdeschel and Anne R. Ruckdeschel.

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Reserver shall retain all legal rights heretofore held for ingress and egress to the property via existing means of access, including the right to transport materials and supplies to the reserved estate for purposes of maintaining, repairing, renovating, remodeling or reconstructing the improvements.

B: DOCK ACCESS

_____Not addressed.

C: BEACH ACCESS

_____ Access via ocean beach to reserver’s property shall be retained by Reserver so long as the beach remains an open legal access.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

_____The Reserver shall not add to or materially alter the character of existing improvements or structures or perform any new construction or change the topography of the land without first having obtained the permission in writing of the NPS.

E: EASEMENT

_____Members of the public shall have no right to enter upon any premises.

F: ASSIGNABILITY OF RIGHT

______There is language showing the rights pertain to the Reserver and his successors and/or assigns.

G: RIGHT TO LEASE OR RENT

_______Reserved area may be conveyed or subleased for not less than 90 days by the Reserver or his successors or assigns. A copy of any such conveyance or sublease shall be furnished the NPS prior to the effective date of such conveyance.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

None.

TRACT NO: 01-113

OWNERS

James Grover Henderson and Irene B. Henderson

GENERAL LOCATION

RESERVED INTEREST

Life estate of use and occupancy for non-commercial purposes ending upon the death of both owners on 1.07 acres.

EXPIRATION DATE

Upon the last to die of J. Grover Henderson and Irene B. Henderson

RIGHTS GRANTED OR RETAINED

A: DRIVING

_______Reserver has the right of ingress and egress at all times to said reserved area which will be as presently existing and used.

B: DOCK ACCESS

_______Both docking and dock access shall be at the discretion of the superintendent of seashore, except for dockage presently existing or utilized by Reserver and for property already having such docking facilities on the property.

C: BEACH ACCESS

______Reserver retains all rights pertaining to fishing, hunting, harvesting of clams and oysters that they originally possess.

______Note: A letter from Georgia DHR to Mr. J. Grover Henderson dated January 4, 1993, authorizing Mr. Henderson to operate motor vehicles along the shorelines of Cumberland Island.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

______Reserver shall not materially add to or materially alter the character of existing improvements or structures or perform any new construction or change the topography of the lands without permission of the superintendent. Presently existing improvements may be repaired or replaced if the same are damaged or destroyed.

______A special use permit was issued by the NPS in December of 1989 allowing J. Grover Henderson to build a storage building on the reserved property.

E: EASEMENT

______None.

F: ASSIGNABILITY OF RIGHT

______ The retained estate may be conveyed, assigned, or otherwise transferred to another party for non-commercial residential purposes. The successor acquiring all the rights and obligations of the original reserver. The successor shall, within 90 days of such conveyance, assignment, or transfer, so notify the superintendent.

G: RIGHT TO LEASE OR RENT

_______See Above.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

TRACT NO: 01-113

OWNERS

Carol A. Ruckdeschel.

GENERAL LOCATION

North of the Settlement.

RESERVED INTEREST

A life estate by virtue of a quitclaim deed dated February 1, 1985.

EXPIRATION DATE

Upon the death of Carol A. Ruckdeschel.

RIGHTS GRANTED OR RETAINED

Based on the quitclaim deed from C. A. Wharton a/k/a C. A. Ruckdeschel and Louis H. McKee to NPS

A: DRIVING

_____ All means of ingress and egress to the McKee property to which she had a right on March 31, 1977.

______Overly general language seems to suggest that Reserver has the right to ingress and egress between property and remainder of island via any means available but limited to means currently in existence at the time of the Agreement (1985).

B: DOCK ACCESS

_____ The use and enjoyment of all waters upon or adjacent to property including all riparian rights associated therewith.

______ Use of beach, marsh, and water areas for purposes of ingress and egress between said property and the remainder of Cumberland Island.

______ Reserver retains the right to access island via private dock or otherwise as was being utilized at time of Agreement (1985).

______Except for dockage being used by Reserver at time of Agreement, boat docking and dock access shall be at the discretion of the Park Superintendent.

C: BEACH ACCESS

_____General language seems to suggest beach as means of ingress and egress to remainder of island.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

_____No new building shall be placed or permitted to be built on the premises nor shall existing improvements be altered. Presently existing improvements may be repaired or replaced to the extent required to correct normal wear and tear and to provide normal maintenance and up keep.

E: EASEMENT

_____None.

F: ASSIGNABILITY OF RIGHT

_____There is language that infers that the Reserver’s rights are assignable.

G: RIGHT TO LEASE OR RENT

_____None stated.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

None stated.

TRACT NO: 02-192

OWNERS

Gertrude Schwartz as Trustee for Andrew Carnegie, III, her successors and assigns.

GENERAL LOCATION

RESERVED INTEREST

A 40 year estate for non-commercial residential purposes ending on October 8, 2010 on 7.50 acres, more or less.

EXPIRATION DATE

October 10, 2010.

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Reserver has an easement for unrestricted right of passage to and from the reserved area to the main road and to a wharf providing access to the island.

B: DOCK ACCESS

_____A wharf may be located at a place in Tract 1-S ( Old Bay Creek area) mutually agreeable to Reserver and NPS.

C: BEACH ACCESS

_____None.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

______Reserver’s estate is contingent upon the commencing and completion of construction of a single-family residential dwelling within 10 years from October 8, 1970. The right of construction is limited to a single-family residence. Failure to complete construction within 10 years shall result in the termination of the estate upon tender by NPS of the pro-rata portion of the value of the remaining period of the estate.

E: EASEMENT

_____NPS reserves, at places mutually agreeable to the parties, easements for underground utility lines and other similar purposes.

F: ASSIGNABILITY OF RIGHT

_____If the Reserver wishes to sell or assign at any time, the balance of her estate, the NPS shall have the first right of refusal to purchase the Reserver’s interest.

_____Reserver agrees on behalf of herself, her licensees, invitees, successors and assigns, not to commit waste or to remove any timber other than required for residential building purposes.

G: RIGHT TO LEASE OR RENT

_____Reserver shall have the right to lease for not less than week to week tenancies.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

NPS shall have the right of first refusal to purchase

TRACT NO: 03-101

OWNERS

Margaret C. R. Sprague, her spouse, and her last surviving child.

GENERAL LOCATION

Davisville.

RESERVED INTEREST

A life estate for non-commercial residential purposes for the life of the Margaret C. R. Sprague, her spouse, and last surviving child on 15.10 acres, more or less.

EXPIRATION DATE

Upon the death of the last to die of Margaret C. R. Sprague, her spouse, and her last surviving child.

RIGHTS GRANTED OR RETAINED

A: DRIVING

_____Reserver has the right of unrestricted vehicular passage over the main road and an easement granting ingress and egress to the family cemetery.

B: DOCK ACCESS

_____NPS agrees to provide a dockage area at a site mutually agreeable to the parties for he use of the Reserver.

_____Reserver shall be permitted to use a wharf owned by NPS to load and unload supplies which cannot be readily landed at the dockage area described above.

C: BEACH ACCESS

_____None.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

_____The height of any building or improvement located on the subject property shall not exceed 40 feet.

_____Reserver and her heirs shall be permitted at any time during the retention of use to construct or reconstruct a maximum of three single-family residential dwellings. This includes support facilities, fences and outbuildings as the Reserver deems necessary to contribute to the enjoyment of her estate. In the event that only a single dwelling structure is constructed and is partially or completely destroyed by fire so that no habitable dwelling is located on the retained acreage, the Reserver shall have 24 months within which to commence rebuilding , otherwise the right to use shall terminate upon tender of the unexpired pro-rata portion of the value of the retained estate.

E: EASEMENT

______Reserver has an easement of ingress and egress to and from the main road to the reserved area.

_____NPS reserves easements and right of ways for public utilities within the retained area.

_____Reserver has rights to easements permitting the construction and maintenance of public utilities serving the retained area.

F: ASSIGNABILITY OF RIGHT

G: RIGHT TO LEASE OR RENT

______Reserver may lease private single family residences including dockage and means of transportation (island transportation rental) when the property is leased for not less than a week to week tenancy.

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

NPS has a right of first refusal to purchase the subject property.

TRACT NO: 01-102 (a)

OWNER

Table Point Co., Inc.

GENERAL LOCATION

Table Point within Wilderness.

RESERVED INTEREST

Life estate for use and occupancy ending upon the death of each and every owner/shareholder with the death of his or her last surviving child, whichever is later on 186.0 acres. The shareholders of Table Point Co., Inc are Coleman C. Perkins, Elizabeth B. Perkins, catherine Mc. C. Perkins, Margaret C. Perkins, William B. Perkins and Frederick C. Perkins.

EXPIRATION DATE

On the death of each and every owner/shareholder or the last surviving child of each and every owner/shareholder whichever is later.

RIGHTS GRANTED OR RETAINED

A: DRIVING

______Reservers have no right to the service area and main dock at Dungeness.

_____Reservers have a right of unrestricted vehicular passage over the main road and an easement granting ingress and egress to the “family cemetery” at Dungeness.

B: DOCK ACCESS

_____Reserver has an easement for ingress and egress to and from reserved area, via McIntosh Creek, also known as Malkintoon Creek

_____Reserver has the exclusive right to continue to use Squaw Town Wharf for any additional wharf it may construct for access to and from the island.

C: BEACH ACCESS

_____Beach access only. NPS special use permit grants access over dunes to the ocean via Southcut Road only. Expires 2000, September 30.

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

_____Reservers have the right to construct a single-family dwelling at any time during the term of the retention of the retained area. This includes support facilities, corrals, fences and outbuildings. Reserver may maintain livestock on the retained area for their personal use.

_____Reserver has a right to reconstruct dwellings or other improvements at any time within 10 years from November 2, 1970. If any dwelling structure is partially or completely destroyed by fire or otherwise after November 2, 1980, Reserver shall have a period of 24 months within which to commence rebuilding after which if no rebuilding has taken place, such right of retained use shall terminate upon a tender of the unexpired pro-rata portion of the value by NPS.

_____Reserver has a right to construct and maintain sanitary disposal facilities of all types, including garbage dumps, to be constructed and maintained in accordance with Federal/State regulations and to be screened from public view from the main North-South road.

_____The height of any building or improvements constructed shall not exceed 40 feet.

E: EASEMENT

_____ Reserver has a right to easements permitting the construction and maintenance of public utilities serving the retained use area. If the NPS permits hunting, the Reserver shall have exclusive rights to hunt on the retained area.

F: ASSIGNABILITY OF RIGHT

G: RIGHT TO LEASE OR RENT

_____Reservers have the right to lease private single-family residences and support facilities, including dockage and vehicles for transportation (island transportation rental). The Reserver corporation may convey its reserved area, or any portion thereof, to its shareholders, without first offering the same to the NPS

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

If the Reserver wish to sell the balance of the estate, the NPS has shall the first right of refusal

TRACT NO:

OWNERS

GENERAL LOCATION

RESERVED INTEREST

EXPIRATION DATE

RIGHTS GRANTED OR RETAINED

A: DRIVING

B: DOCK ACCESS

C: BEACH ACCESS

D: CONSTRUCTION OR MAINTENANCE OF STRUCTURES

E: EASEMENT

F: ASSIGNABILITY OF RIGHT

G: RIGHT TO LEASE OR RENT

H: LEGAL ISSUES

NATIONAL PARK SERVICES RIGHT OF FIRST REFUSAL

 

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