HomeMy WebLinkAboutL 12465 P 892 SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP Recorded: 08/23/2006
Number of Pages: 11 At: 11:22:11 AM
Receipt Number : 06-0082678
TRANSFER TAX NUMBER: 06-02891 LIBER: D00012465
PAGE: 892
District: Section: Block: Lot:
1000 010.00 06.00 002 .004
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $33 .00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $5.00 NO Notation $0.00 NO
Cert.Copies $0.00 NO RPT $30.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
Comm.Pres $0.00 NO
Fees Paid $93 .00
TRANSFER TAX NUMBER: 06-02891
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
C2 3
Number of pages /( RECORDED i
2006 Aug 23 11:22:11 AM
TORRF.NS Judith.A. Pascale
CLERK OF
Serial N SUFFOLK COUNTY
L D00012465
Certificate N P 892
DT4 06-02891
Prior Ctff,N I
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
4 1 FEES
Page/Filing Fee Mortgage Amt. _
Handling 1.Basic Tax
TP-584 2.Additional Tax
Notation Sub Total _
EA-52 17(County) Sub Total
Spec./Assit.
Or
EA-5217(State) Spec./Add. _
R.P.T.S.A. TOT.MTG.TAX
Comm,of Ed. 5 OQ— ?, Dual Town Dual County
I Ield for Apportionment
Affidavit P' Transfer Tax
Certified Copy , `� Mansion Tax _
The property covered by this mortgage is or
Reg.Copy will be improved by a one or two family
Sub Total �j� dwelling only.
Other ` YES or NO
GRAND TOTAL If NO,see appropriate tax clause on page s
of this instrument.
S Real Property Tax Service Agency Verification 6 Community Preservation Fund
Dist. R—Iinn I nIML I Consideration Amount$ -0-
1000 01000 0600 002004
Stamp 04 CPF Tax Due S -0-
G-AUA
Date Improved
Initials — Vacant Land
7 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: TD
STEPHEN L. HAM, III, ESQ.
TD
MATTHEWS b HAM TD
38 NUGENT STREET
SOUTHAMPTON, NY 11968
9 Title Company Information
Co.Name `
Title#
9 Suffolk County Recording & Endorsement Page
This page fomts part of the attached Conservation Easement made by:
(SPECIFY TYPE OF INSIRUMENf)
ESTATE OF LOUISE N. BOGERT The prernises herein is situated in
SUFFOLK COUNTY,NEW YORK
TO In the'1'ownship of SOUTHOLD
THE HENRY L. FERGUSON MUSEUM INC. In the VILLAGE
or LAMLETof FISHERS ISLAND
BOXES 51TiRU 9 MUST BE TYPED OR PRINI'ED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
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CONSERVATION EASEMENT
' THIS EASEMENT is made as of the IS Ty of August, 2006 by and between Robert J.
Miller, as Executor of the Estate of Louise Noble Bogert,deceased, (the "Grantor"), and THE
HENRY L. FERGUSON MUSEUM, INC. (the"Land Trust'), a charitable corporation
organized and existing under and by virtue of the laws of the State of New York, with its
principal office at(no #) Equestrian Avenue, Fishers Island, New York 06390(the "Grantee").
WITNESSETH:
WHEREAS, Grantee is a public charity whose purposes include the conservation and
protection of environmental systems and areas and is a qualifying recipient of qualified
conservation contributions under Sections 170(b), (f)and (h)of the Internal Revenue Code of
1986 as amended the "Code" • and
WHEREAS, Grantor is the owner in fee simple of a certain piece or parcel of real estate
which in its present and proposed state contains a significant natural habitat in which fish,
wildlife or plant communities or similar ecosystems normally live and which Grantee desires and
commits itself to conserve and protect;
WHEREAS, the grant of a conservation easement by Grantor to Grantee on the real
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estate referred to herein will assist in preserving and maintaining its environmental and
ecological value and significance; and
WHEREAS, Grantor desires to grant to Grantee, and Grantee desires to accept, a
conservation easement of the Land (as defined below) pursuant to §49-0305 of the New York
Environmental Conservation Law;
NOW,THEREFORE, for and in consideration of the sum of ONE DOLLAR($1.00) and
other good and valuable consideration paid by Grantee to Grantor, the receipt of which is hereby
acknowledged, and in consideration of the covenants and undertakings hereinafter set forth,
7135M24 0D1%44)000 1
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Grantor does hereby give, grant,bargain, sell and confirm into Grantee a conservation easement
and right in perpetuity(the "Easement") in,over and upon certain real property located on
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Fishers Island in the Town of Southold, County of Suffolk and State of New York, as more
particularly described in Schedule A attached hereto and made a pari hereof(the "Land"), of the
nature and character and to the extent hereinafter expressed, for the purpose of protecting the
natural habitat therein.
1. Grantor covenants and agrees that Grantor shall maintain the Land for
conservation purposes and shall not, or permit others to, use the Land for any purposes
whatsoever that would be inconsistent with the preservation and protection of its natural habitat.
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The following activities shall be deemed to be inconsistent with the conservation purposes of this
Easement:
(a) Erection of any buildings, billboards,commercial signs or any other structures or
improvements (except as set forth in this Easement);
(b) Filling; excavating; removing soil, sand, gravel, rocks or minerals, except to the
extent reasonably necessary in connection with Grantor's rights and obligations hereunder;
constructing site improvements; or changing the topography of the Land in any manner that
would be detrimental to or that could adversely affect the conservation purposes of this
Easement;
(c) Toleration of vehicular traffic over the Land, except to the extent reasonably
necessary in connection with Grantor's rights and obligations hereunder; and
(d) Any other action,practice or use that is detrimental to or adversely affects the
reservation and protection of the natural habitat of the Land.
P
The making of topographical changes to the Land which are consistent with,or
reasonably necessary to promote,the preservation and conservation purposes of this Easement
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by Grantor shall not in and of themselves be deemed to be inconsistent with the conservation
purposes of this Easement. However, nothing herein shall require Grantor to undertake any
affirmative acts in order to preserve and protect the natural habitat of the Land, although Grantor
may elect to do so.
2. It is expressly understood by the parties that the following activities shall not in
and of themselves be considered inconsistent with the conservation purpose of this Easement: (a)
reasonable trimming of trees and the cutting of brush to maintain views; (b)creation and
maintenance of an unimproved walkway access over a part of the Land to Isabella Beach from
the remises of Grantor; and c creation and maintenance of unimproved trails over an art of
P � ( ) P YP
the Land for conservation of wildlife. The creation of an such trails or walkways shall be
Y Ys
unimproved and subject to the overriding conservation purpose of this Easement.
3. Grantor hereby covenants and agrees that Grantee shall:
(a) Enforce any and all provisions of this Easement against all persons, including
without limitation, Grantor.
(b) Enter the Land at reasonable intervals and at reasonable times for the purpose of
inspecting and determining that the Land is protected and maintained in accordance with the
provisions of this Easement.
(c) Be and will remain a qualified organization for purposes of Section 170(h) of the
Internal Revenue Code(a"Qualified Organization"). in the event Grantee ceases to be a
Qualified Organization, then Grantee or, if it shall fail to do so, Grantor shall promptly select
anotherualified Organization acceptable to Grantor and transfer all of Grantee's rights Q g eP and
obligations under this Easement to it.
(d) Exercise reasonable judgment and care in performing its obligations and
exercising its rights under the terms of this Easement.
�uwce=..me,aaa000
-3-
4. If at any time Grantee determines that there exists a violation of this Easement
caused directly or indirectly by Grantor, Grantee shall notify Grantor in writing. if the violation
has not been corrected within sixty(60)days of said notice, Grantee may institute a suit to enjoin
by temporary and/or permanent injunction such violation, or for damages for breach of covenant,
or may take such other legal action as it deems reasonably necessary to insure compliance with
the terms, conditions, covenants and purposes of this Easement; provided, however, that any
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failure so to act by Grantee shall not be deemed to be a waiver or a forfeiture of the right to
enforce any tern,condition, covenant or purpose of this Easement in the future. If ordered by a
court of competent jurisdiction as a result of a violation of this Easement caused by Grantor,
Grantee also may cause the restoration of the Land to its condition at the time of this donation,
except for changes thereto permitted or contemplated by this Easement. if Grantee shall take
action to restore the Land to its condition at the time of this donation as provided in the previous
sentence, Grantee shall give Grantor thirty(30)days'prior written notice and use reasonable care
in performing such work.
The reasonable, out-of-pocket cost of any legal action brought to enforce the terms of this
Easement, including attorney fees, and the reasonable, out-of-pocket cost of any restoration of
the Land shall be home by Grantor.
I
5. The granting of this Easement is not intended to permit or in any way give the
public the right to enter upon or use the Land for any purpose whatsoever.
6. This Easement shall run with the Land in perpetuity and the terms hereof and the
covenants and agreements herein contained shall apply to and be forever binding upon Grantor
and Grantee and their respective heirs, successors and assigns.
7. Grantor shall execute any additional instruments which Grantee reasonably
requires in order to carry out the purposes of this Easement.
717709c:4 aDSM44M oo 4-
8. Grantee is prohibited from subsequently transferring this Easement or any interest
created by this Easement, whether or not for consideration, unless Grantee requires, as a
condition of the subsequent transfer, that the conservation purpose for which the Easement is
being granted continues to be carried out and the transfer is to a Qualified Organization
reasonably acceptable to Grantor. A "transfer" shall include a merger or consolidation with or
into another entity,provided,however, that in the case of a merger or consolidation, the Grantee
shall give written notice to the Grantor of such transfer and record such notice on the land
records and, if no objection by the Grantor is received by the Grantee and recorded on the land
records within 180 days of such notice, the Grantor shall be deemed to have consented to the I
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transfer by merger or consolidation.
9. Grantor hereby agrees that, at the time of conveyance of this Easement to
Grantee, the Easement gives rise to a real property right, immediately vested in Grantee, with a
fair market value of the Easement as of the date of the conveyance that is at least equal to the
proportionate value that the Easement at the time of the conveyance bears to the fair market
value of the Land as a whole prior to considering the impact of the Easement as determined by
an appraisal of the Land prepared on behalf of Grantor in connection with the granting of this
Easement. The proportionate value of Grantee's property rights as determined by the appraisal
shall remain constant. if a change in conditions takes place that makes impossible or impractical
any continued protection of the Land for conservation purposes, and the restrictions contained
herein are extinguished by a final judicial proceeding, it being agreed that Grantor reserves the
right to bring such a proceeding, Grantee, upon a subsequent sale, exchange or involuntary
conversion of the Land, shall be entitled to a portion of the net proceeds equal to that
proportionate value of the Easement. Grantee shall use its share of the net proceeds in a manner
consistent with the conservation purposes set forth herein.
10. Grantee shall be under no obligation to maintain the Land, or any portion thereof,
or pay taxes or assessments thereon. Grantor shall pay all taxes, assessments, fees and charges
levied on or assessed against the Land by competent governmental or quasi-governmental
authority.
11. The use of the singular or plural form shall include the plural or singular form,
and the use of any gender shall include all genders as the context may require.
12. Grantor agrees that reference to this Easement and the date and the liber and page
of recording shall be made in any subsequent deed or other legal instrument by means of which
she conveys any interest in the Land.
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13. The parties hereto acknowledge and agree that there arc no third party
beneficiaries to this Easement, and no third party enforcement rights are granted hereunder.
14. Any notice which either Grantor or Grantee may desire or be required to give to
the other party shall be in writing and shall be mailed postage prepaid by certified mail, return
receipt requested,or sent by recognized overnight delivery service, or hand delivered as follows:
if to Grantor, c% Robert J. Miller, Esq.,Day,Berry& Howard, I Canterbury Green, Stamford,
Connecticut 06901, and if to Grantee, at THE HENRY L. FERGUSON MUSEUM, INC., P. O.
Box 554, (no#) Equestrian Avenue, Fishers Island,New York 06390. Each party may change
its address set forth herein by a notice to such effect to the other party given in accordance
herewith.
15. For the purposes of furthering the preservation of the Land and of furthering the
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other purposes of this Easement, and to meet changing conditions, this Easement may be
amended jointly by Grantor and Grantee by a written instrument signed by the parties hereto and
recorded in the land records of Suffolk County, New York; provided, however, that no such
713M%24 ooesoaOM -6-
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` amendment shall limit the perpetual duration or interfere with the conservation purposes of this
Easement.
16. The invalidity or unenforceability of any provision of this Easement shall not
affect the validity or enforceability of any other provision hereof.
17. Grantee shall do and perform at its own cost all acts necessary to the prompt
recording of this Easement in the land records of Suffolk County, New York.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement on the day
and year set forth below.
Dated: August I.S, 2006 �'�--
Robert JtMiller, Executor
Estate of Louise Noble Bogert, Deceased
The HENRY L. FERGUSON MUSEUM hereby
accepts this Conservation Easement and commits
itself to the protection of the conservation purposes
expressed therein and to the enforcement of the
restrictions contained herein.
THE HENRY L. FERGUSON MUSEUM, INC.
Dated: August ts, 2006 By:
Robert J. Millcr, rcasurer
0173000:4001.V1OWOD -7-
Acknowledgment outside of New York State(RPL 309-b)
State of Connecticut )
)ss: Stamford
County of Fairfield )
On August 15,2006 before me, the undersigned,personally appeared Robert J.Miller personally known
to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument,and that such individual acted, executed the instrument, and that such individual
made such appearance before the undersigned in the Town of Stamford and State of Connecticut
✓.{' c J- -
(Signature and office of inr# idual taking acknowledgment)
DIANE INZITA
MOrARY POBUC
WCOMM SMEVER®IP.30,2010
Acknowledgment outside of New York State(RPL 309-b)
State of Connecticut ) '
)ss: Stamford
County of Fairfield )
On August 15,2006 before me, the undersigned,personally appeared Robert J.Miller personally known
to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument, and that such individual acted, executed the instrument, and that such individual
made such appearance before the undersigned in the Town of Stamford and State of Connecticut
(Signature and office of indivi raI taking acknowledgment)
DIANE INZITARI
NOTARY POBUC
W COtOilk%W 8MFtM&P 80,2010
713wve:40013-W4 W _g_
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SCHEDULE A
Property description attached hereto
7135D%.'A OUN4 a000 -9-
CLAYP/T LOT
A certain tractor parcel of laud located at Fishers Island in the'fown of Southold, County
of Suffolk. Slate of New York living hounded and described as follows:
BEGINNING at a point in the Northwesterly line of a Private Road, said point being
located 940.27 feel South of a point which is 832.72 feet West of a monument marking
the United States Coast and Geodetic Survey Triangulation Station"NIIN" and thence
2 feet to a point; thence North 86 39' 00" West
,' 40"' West 86.4 P .
running North 53 I C
157.28 feel to a point; thence South 86° 59' 32" West 104.52 feet to a point; thence South
23° 30' 00" West 130.50 feet to a point; thence South 01° 42' 00" East 200.57 feel to a .
point; thence South 080 10' 00" West 70.00 feel to a point; thence South 26° 04' 20" East
125.05 feet to a point; thence South 071 40' 40" East 116.89 feet to a point of curve to the
right having a radius of 24.31 feet and the direction of whose radius at that point is South
82° 19' 20" West; thence Southwestwardly, following the arc of said curve 15.98 feet to
a point in the Northerly line of said Private Road; thence North 830 55' 20" Last 15.86
feel to a point of curve to the left having a radius of 201.00 feel and the direction of
whose radius at that point is North 06°04' 40" West; thence Northeastwardly, following
the are of said curve 118.18 feet to a point of curve to the left having a radius of 115.92
feet and the direction of whose radius at that point is North 391 46' 00" West; thence
continuing Norlheastwardly, following the arc of said curve 85.38 feel to a point; thence
North 08°02' 00" East 194.24 feel to a point of carve to the right having a radius of
332.47 feel and the direction of whose radius at that point is South 81* 58' 00" East;
thence continuing Norlheastwardly, following the arc of said curve 124.37 feel to a point;
thence North 29° 28' 00" East 105.51 feet to a point of curve to the right having a radius
of 527.67 feet and the direction of whose radius a that point is South 60° 32' 00" East',
thence continuing Norlheastwardly, following the arc of said curve for a distance of
66.82 feel to the point of beginning, the last seven lines running along the Northwesterly
line of said Private Road.
Containing 3.57 Acres, more or less.
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