HomeMy WebLinkAboutL 12424 P 775 I�1�III�III��III���II�II�I II�I�tl�ll�I�1�I��II III I��I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP Recorded: 12/12/2005
Number of Pages: 15 At: 09:45:10 AM
Receipt Number : 05-0128476
TRANSFER TAX NUMBER: 05-18751 LIBER: D00012424
PAGE: 775
District: Section: Block: Lot:
1000 003.00 04.00 003.002
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $45.00 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 $50.00 NO
SCTM $0.00 NO Transfer tax $0.00 NO
Comm.Pres $0.00 NO
Fees Paid $125.00
TRANSFER TAX NUMBER: 05-18751
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
1 2
IRECORDED
Number of Mus 1 2005 Dec 12 D4:45:10 AM
TORRENS Eduard P.Romaine
CLERK OF
Serial# SUFFOLK COUNTY
L 000012424
Certificate# P 775
DTI) 05-18751
Prior Ctf.#
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamp-.
3 1 FEES
Page/Filing Fee Mortgage Amt.
I. Basic Tux
Handling 5. 00 2. Additional Tax
TP-584 Sub Total
SpccJAssit.
Notation
or
EA-52 17(County) Sub Total a Spec./Add.
EA-5217(State) TOT.MTG.TAX
Dual Town Dual County
R.RT.S.A. eSD Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit ' - • Mansion Tax
The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total ` YES or NO
Other - Gran)Total If NO.see appropriate tax clause on
1
i page# of this instrument.
1000 003.00 04.00 004.000 &
4 Dist. Section Block Lot 003.002 fl. 5 Community Preu rvation Fttnd
Real Property loon 00300 0400 003002 Pie Consideration Amount$ -o-
Tax Service 1000 00300 0400 004000
AgencyP T S CPF Tax Due $ -0-
Verification R 1pA A
12-OE Improved
Vacant Land
6 Satisfaction s/Diseharges/Releases List Property Owners Mailing Addre-m
RECORD&RETURN TO: TD
Stephen L. Ham, III, Esq. TD
Mattheve ti Ham
38 Nugent Street TD
Southampton, NY 11968
7T Title Comeny Information
Co_Nsmc
Title#
Suffolk County Recordiniz_& Endorsement Page
This page forms pari of the attached Conservation Easement made by:
(SPECIFY TYPE OF INSTRUMENT)
ARTHUR H.A. KUYPERS and The premises herein is situated in
R08LFTEN A. RUYPERS SUk-FOLK COUNTY.NEW YORK.
TO In the Township of SOUTHOLD
THE HENRY L FERGUSON MILS In the VILLAGE
or HAMLET of_ FISHERS ISLAND
BOXIS 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
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CONSERVATION EASEMENT
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THIS EASEMENT is made as of the Sol"day of November, 2005 by and
between ARTHUR H.A. KUYPERS (also known as Arthur H.A. Kuijpers)and ROELFIEN
A. KUYPERS, (also known as Roelfien A. Kuijpers), 22 Orange Street, Brooklyn Heights,
New York 11201 (the "Grantors"), and THE HENRY L. FERGUSON MUSEUM, INC., 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:
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WHEREAS, Grantee is a public charity whose purposes include the I
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
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Internal Revenue Code of 1986, as amended (the"Code"); and
WHEREAS, Grantors are the owners in fee simple of two certain plots,
pieces or parcels of real estate which in their present and proposed state contain a
significant natural habitat in which fish,wildlife or plant communities or similar ecosystems
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normally live and which Grantee desires and commits itself to conserve and protect;
WHEREAS, the grant of a conservation easement by Grantors to Grantee
on the real estate referred to herein will assist in preserving and maintaining its
environmental and ecological value and significance; and
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WHEREAS, Grantors desire to grant to Grantee, and Grantee desires to
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accept, a conservation easement of the Land (as defined below) pursuant-to §49-0305 of
the New York Environmental Conservation Law;
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NOW,-THEREFORE, for and in consideration of the sum of ONE DOLLAR
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($1.00) and other good and valuable consideration paid by Grantee to Grantors, the
receipt of which is hereby acknowledged, and in consideration of the covenants and
undertakings hereinafter set forth, Grantors do 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 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 part hereof(the "Land"), of the nature and character and to
the extent hereinafter expressed, for the purpose of protecting the natural habitat therein.
1. Grantors covenant and agree that, except as set forth in Section 2
below, they shall maintain the Land for conservation purposes and shall not themselves
or permit others to use the Land for any purposes whatsoever that would be inconsistent
with the preservation and protection of its natural habitat. 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
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conservation purposes of this Easement;
(c) Toleration of vehicular traffic over the Land, except to the extent
reasonably necessary in connection with Grantors' rights and obligations hereunder;
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(d) Use of the Land for a commercial recreational activity to more than a
de minimis extent; and
(e) Since the Land is adjacent to other large conservation properties that
are and will be maintained by Grantee in dense second growth woods and indigenous
brush, it is desirable to maintain the Land in a more open state to provide a diverse habitat
more suitable for various species and to provide a"transition zone"to the adjacent coastal
areas. Therefore,the trimming or removal of trees and brush,the creation of open spaces
and their maintenance by mowing, the removal of non-native invasive plants such as
honeysuckle and the planting of ornamental fauna that are not invasive, shall not be
deemed inconsistent with the conservation purposes of this Easement.
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 by Grantors shall not in and of themselves be deemed to be inconsistent with
the conservation purposes of this Easement. However, nothing herein shall require
Grantors to undertake any affirmative acts in order to preserve and protect the natural
habitat of the Land, although Grantors may elect to do so.
2. (a) Any provision of this Easement to the contrary notwithstanding,
Grantors shall have the right to utilize an area, not larger than twenty percent (20%) of
the area of Block 17 - Lot 4B, Map of Fishers Island Development Corporation (the
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designated area not larger than such twenty percent of Block 17-Lot 4B being hereinafter
referred to as the "Maintained Area"), for residential purposes such as planting and
maintenance of a lawn, garden, orchard or other vegetation and/or construction and use
of a swimming pool, tennis court or other accessory structure ancillary to the Grantors'
principal dwelling located on Block 17 - Lot 4G, Map of Fishers Island Development
Corporation, subject to the following terms and conditions:
(i) The approximately .23-acre portion of said Block 17 - Lot 4B
which is not a part of the Land described on Schedule A hereto shall nevertheless be
included within and shall constitute a part of the Maintained Area without further.notice to
Grantee.
(ii) Grantors may designate up to three portions of the Land from
Block 17 - Lot 4A, Map of Fishers Island Development Corporation, and the other part of
said Block 17 - Lot 4B to be included within and to constitute the remainder of the
Maintained Area, subject to the further terms of this subsection (a)(ii).
(A) Prior to engaging in any activity on the Land that would
otherwise be prohibited by the terms of this Easement, Grantors shall give written notice
of the portions of the Land they intend to so designate as Maintained Area and shall
provide Grantee with a survey depicting such portions.
(B) Each portion so designated shall be contiguous to Block
17 - Lot 4G, Map of Fishers Island Development Corporation, or to another portion of the
Maintained Area.
(C) Grantors and Grantee shall, within a reasonable time
after such designation shall have been made, cause an Addendum to this Easement to be
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recorded in the Office of the Suffolk County Clerk which shall describe each portion of
Maintained Area so designated by Grantors by its metes and bounds.
(iii) Nothing herein shall be construed as permitting the construction
and use of a detached principal dwelling in the Maintained Area or any other portion of the
Land.
(b) Anything in this Easement to the contrary notwithstanding, Grantors
may use, maintain and replace any existing drainage or sewerage systems located on
Block 17 - Lot 4B, Map of Fishers Island Development Corporation, subject to their
obligation to restore any portions of said parcel disturbed by such permitted activities as
nearly as practicable to their condition existing prior to such disturbance.
3. Grantors hereby covenant and agree that Grantee shall:
(a) Enforce any and all provisions of this Easement against all
persons, including without limitation. Grantors.
(b) Enterthe Land at reasonable intervals and at reasonabletimes
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,
Grantors shall promptly select another Qualified Organization acceptable to Grantors and
transfer all of Grantee's rights 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.
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4: Ifatany time Grantee determines that there exists a violation of this
Easement caused directly or indirectly by Grantors, Grantee shall notify Grantors 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 failure so to act by Grantee
shall not be deemed to be a waiver or a forfeiture of the right to enforce any term,
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 Grantors,
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 Grantors 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 borne by Grantors.
5. The granting of this Easement is not intended to permit or in anyway
give the public the right to enter upon or use the Land for any purpose whatsoever.
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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
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binding upon Grantors and Grantee and their respective heirs, successors and assigns.
7. Grantors shall execute any additional instruments which Grantee
reasonably requires in order to carry out the purposes of this Easement.
B. 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 Grantors. 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 Grantors of such
transfer and record such notice on the land records and, if no objection by the Grantors
is received by the Grantee and recorded on the land records within 180 days of such
notice, the Grantors shall be deemed to have consented to the transfer by merger or
consolidation.
9. Grantors hereby agree 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
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Grantors 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 '
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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 Grantors reserve 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. Grantors 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. Grantors agree 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 they convey any interest in the Land.
13. The parties hereto acknowledge and agree that there are no third
party beneficiaries to this Easement, and no third party enforcement rights are granted
hereunder.
14. Any notice which either Grantors or Grantee may desire or be required
to give to the other party shall be in'writing and shall be mailed postage prepaid by
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certified mail, return receipt requested, or sent by recognized overnight delivery service,
or hand delivered as follows: if to Grantors, at 22 Orange Street, Brooklyn Heights, New
York 11201, and if to Grantee, at THE HENRY L. FERGUSON MUSEUM, INC., (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 other purposes of this Easement, and to meet changing conditions, this
Easement may be amended jointly by Grantors 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 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, Grantors and Gr tee have executed this
Easement on the day and year set forth below.
Dated: November 3o , 2005 e07Y 4P
Rve fin A. Ituyp
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The HENRY L. FERGUSON MUSEUM hereby
accepts this Conservation Easementand 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: November 3', 2005 By:
Robe J. Miller, Vice President-Land Trust
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1 y •
State of New York }
ss..
County of 06JIDAx }
On the 3s day of November in the year 2005-before me,- the undersigned, personally
appeared Arthur H.A. Kuypers 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 she executed the same in her capacity, and that
by her signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument. GERMANY V.ANDRADE
Nolary Public,State of New York
No.at,AN5073W7
auarffled in New York County
Commission Expire&Feb.24, 2e��
46���
(signat and office of individual taking acknowledgment)
Notary Public
State of New York }
ss..
County of 0fW%fd.K )
On the 30 day of November in the year 2005 before me, the undersigned, personally
appeared Roelfien A. Kuypers 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.
GERMANY V.ANDRAflE
Notary Pte,state of New York
No.01A NS073587
IXWI fed in New York Cou%Da
rnwion Expires Feb-24,
(signatureUnd office of individual taking acknowledgment)
Notary Public
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State of Connecticut )
ss..
County of Fairfield )
On the 3'&day of November in the year 2005 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 thpt such individual made such appearance
before the undersigned in the in
(ins rt the City or other political subdivision)
the State of Connecticut.
(signature and office of individual taking acknowledgment)
Notary Public
CONNIE M.FALKENSTEIN
NOTARY PUBLIC
W COMMISION EXPIRES OCT.31,2006
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SCHEDULE A
to
Conservation Easement
Grantors: Arthur H.A. Kuypers and Roelfien A. Kuypers
Grantee: THE HENRY L. FERGUSON MUSEUM, ;NC.
Conservation Easement Dated: November 3a, 2005
I10CK_17 - LOT 4A
A certain tract or parcel of land located at Fishers Island in the Town of Southcld, County
of Suffolk, State of New York being bounded and described as follows:
BEGINNING at a point in the southeasterly line of a private road, said point being located
at the northerly corner of the herein described tract and also located 1630.41 feet West ,
of a point which is 274.20 feet North of a monument marking the United States Coast and
Geodetic Survey Triangulation Station "Chocomount 2"; and
THENCE RUNNING South 46 degrees 45 minutes 00 seconds East 22821 fee*to a point;
THENCE South 63 degrees 55 minutes 30 seconds East 171.23 feet to a point;
THENCE South 18 degrees 44 minutes 50 secondsWest 168.17 feet to a Foint in the
northerly line of another Private Road,said point being ata point of curve to the-left having
a radius of 706.21 feet and the direction of whose radius at that point is South 02 degrees
02 minutes 54 seconds East;
THENCE Southwestward ly,along said road line and following the arc of said ave 144.68
feet to a point;
THENCE South 76 degrees 12 minutes 50 seconds West 40.41 feet along said road line
to a point of curve to the right having a radius of 81.67 feet and the direction of whose
radius a that point is North 13 degrees 47 minutes 10 seconds West;
THENCE westwardly and northwestwardly, along said road line and following the arc of
said curve 128.61 feet to a point in the Easterly line of the first mentioned Private Road:
THENCE North 13 degrees 33 minutes 10 seconds West 166.99 feet along said road line
to a point of curve to the right having a radius of 211.57 feet and the direction of whose
radius at that point is North 76 degrees 26 minutes 50 seconds East;
THENCE northwardly, along said road line and following the arc of said curve 402.08 feet
to a point;
THENCE North 41 degrees 10 minutes 20 seconds East 11.98 feet along said road line
to the point of BEGINNING.
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Containing 2.23 Acres, more or less.
PORTION 1 -
A certain tract or parcel of land located at Fishers Island in the Town of Southcld, County
of Suffolk, State of New York being bounded and described as follows:
BEGINNING at a point in the southeasterly line of a private road,said point being located
at the westerly comer of the herein described tract and also located 1630.41 feet West of
a point which is 274.20 feet North of a monument marking the United States Coast and
Geodetic Survey Triangulation Station "Chocomount 2"; and
THENCE RUNNING North 41 degrees 10 minutes 20 seconds East 293.02 feetalong said
road line to a point;
THENCE South 74 degrees 57 minutes 30 seconds East 337.18 feet to an iron pin;
THENCE South 29 degrees 56 minutes 20 seconds West 168.75 feet to a poi it of curve
to the left having a radius of 80.00 feet and the direction of whose radius at that point is
South 29 degrees 56 minutes 20 seconds West;
THENCE westwardly and southeastward ly, following the arc of said curve 251.33 feet to
a point;
THENCE South 29 degrees 56 minutes 20 seconds West 35.91 feet to a point;
THENCE South 18 degrees 44 minutes 50 seconds West 51.42 feet to a point;
THENCE North 63 degrees 55 minutes 30 seconds West 171.23 feet to a point;
THENCE North 46 degrees 45 minutes 00 seconds West 228.21 feet to tr-e point of
BEGINNING.
Containing 2.75 Acres, more or less.
The Grantors reserve the right to use, maintain and replace any drainage or sewerage
system currently located on or crossing the above described easement area.
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