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Home My WebLink AboutL 9633 P 364 43Qlu 65 01 h 130 i*A CONSERVATION EASEMENT THIS ZASEMENT is made the 29th day of 'December, 1983, by Pnd rr)i n 5+ between Robert J. Millar of Weston, Connecticut ( "Grantor") , and /boo No 41 Pri%Wk 1W- the HENRY L. FERGUSoN mwtUM of"rishers Island, Now York pp�0 O /GO ( "Orantes") . o�000a W I T N 2 S S E T Hs WHZREAS, Grantee is a public charity whose purposes include the -� conservation and protection of environmental systema? and WHEREAS, Grantor is owner in foe simple of certain real estate which in its present and proposed state contains a significant relatively natural habitat in which fish, wildlife or plant communities or similar ecosystems normally live an! -dhi^h Grantee desires and commits itself to conserve and protect. NOW THEREFORE. for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable conaideration► paid by Grantee to Grantor, receipt of Which is hereby acknowledged, and in conaideration of the covenants anA undertakings hereinafter set forth, Grantor does hereby give, grant, bargain, sell and confirm unto Grantee a conservation easement and right in perpetuity (the "Easement") in, over and to c+rtain real property located on fishers Island in the Town of Southold, County of Suffolk and State of New York, as more particularly described in Exhibit 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. 43W PEM REA ESTATE � UoU 5EPQ4 ° 4 i NSFER TAX 0o X, TRSUFFOLK 0 C-OUNTY U109633 PACE 365 ' -2- 1 . Orentor covenants and agrees that, he shall maintain the Land for eonoarvation purposes and scall not himself or permit others to use the Land for any purposes Whatsoever Which would be inconsistent with the preservation and protection of its natured. habitat • The following activities shall b• deemed to be inconsistent with the conservation purposes of this Basement. (a) Erection of any buildings, billboards, commercial signs or any other structurear (b) f'illi.ngb excavating, removing soil or sand or gravel or rocks or minerals, constructing site improvemsnts or changing the topography of they Land in any manner Which would be detrimental to or which could adversely affect the conservation purposes of this Zasementr (c) Toleration of vehicular traffic over the Land other them over roads and paths necessary for access to adjoining properties, including the use of anownobiles, motorcycles, all-terrain or other off-road vehiclesr and (d) Any other action, practice or use Which could b• detrimental to or Which could adversely affect the prsserrvation and protection of the natural habitat of the Land. Because a significant portion of t`:t► habitat Grantor and Grantee wish to protect consists of open land %lick has been maintained ar such, the cutting of tress or brush# mowing, • �W LOOK'"' fACE 366 =3_ cultivation or planting of the Land from time to time by the Grantor shall not in and of itself be deemed to b• inconsistent with the conservation purposes of this Easement. The maintenance or relocation of existing drives or roadways, or the continuation or the granting of access for water, electrical, telephone and other utilities necessary for service to adjoining properties, shall not in and of themselves be deemed to be inconsistent with the conservation purpose of this Easement► Z. Grantor ser*rry covenants and agrees that Grantee @halls (a) 6nfore* any and all provisions of this Casement against all persons, including, without limitation, Grantor. (b) Enter the Land at reasonable intervals for the purpose of inspecting and insuring that the Land is protected and maintained in accordance with the provisions hereof. 3. If at any time Granters determines that there exists a violation of this Easement, caused directly or indirectly by the Grantor, Grantee shall notify Grantor in writing. If the violation has not been corrected within thirty (30) days of said notice, Grantee may institute a suit to enjoin by temporary and/or permanent injunction such violation, or for damages for breech of eov*pant, or may take such other action as it deems necessary to insure compliance with the terms, conditions, covenants and purposes of this E+rsementi provided, however, that any failure to to act by Grant** shall not be ds*in#d to be a waiver or a �►�tk 9� �Ac� 367 -4- forfeiture of the right to enforce any term, condition, covenant or purpose of this Easement in the 3' u re. Grants* also may cause the restoration of the Land to its condition at the time of this donation. The cost of any legal action brought to enforce the terms of this Easement and the cost of any restoration of the Land, including attorney fees, shall be borne by Grantor. 4. The granting of this Zasement is not intended to permit or in any way give the public the right to enter upon the Land for any purpose. S. This basement shall run with the Lind in perpetuity and the terms hereof and the covenants and agreements herein contained shall apply to and be forever binding upon the respective heirs, successors and assigns of Grantor and Grantee. 6. Orartor avail execute any aaditional instruments which Grantee reasonably requires in order to carry out the purposes of this Zasement, 7. If for any reason the granting of this Easement fails to qualify as a charitable contribution allowable as a deduction under the Internal Revenue Code of 1454, as amended, Grantor may terminate any and all interesto created by this Basement. S. C:cnto* 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. 9633 oc:368 ZXHIBIT A RACRIPTION GF PRaPZRTY A certain tract or parcel of land located at Disbars Island, Town of Southold, County of Suffolk one State of Now York, being bounded and described a• follows Beginning at a point on the Southwesterly line of a proposed road, said point being located 2235.54 feet North of a point which is 3123.71 foot Zest of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIP" and thence running South 62' 05 ' 00" Zest 63.65 feet to a point of curve to the right whose radius is 341.60 foot and the direction of whose radius at that point is South 27' 55 ' 00" xastr thence running Southeastwsrdly following the are of said curve, 127.00 footr thence North 2' 46 ' 36" west about 465 feet to the shore of Middle Farms Pondt thence running Northwesterly following the meanders of said shore line about 770 feett thence North 94. 24' ii" west 50.00 feet to an iron piper thence South 23' 14' ««" Rest 729.36 last to an iron pipe on said aforementioned road line at a point of curve to the right having a radius of 170.26 feet and the direction of whose radius at that point is South 27. 32 ' 10" Zoett thence Southeastwardly along said road line, following the are of said curve 164.78 feet to the point of beginning. Containing 5 .60 acror, more or less . Moreover, Grantee may only subsequently transfer this Easement to a charitable organisation qualifying, at the time of the subsequent transfer, as an eligible donor under Section 170(h) (3 ) of the internal Revenue Coda of 1954, an amended, and the applicabld regulations promulgated thorsunder or Any applicable successor provisions and the regulations promulgated thereunder. 9. 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. 10. Grantor agrees that reference to this Easement ■hall, be made in any subsequent deed, or other legal instrument, by means of Which he conveys any interest in the Land and that lie shall attach a copy of this Easement thereto. zN MiTtans wmnzor, Grantor has executed or caused this Easement to be executed the day and year first above written. Dated: A1983 ,...�.� .. •f � �r l i. r. y • r •��•••�•.•��;,iF'o¢r�i�!+•.�' 1`rP'� i A. ,+.. r LIKOW33 The HZ"Y L. FERGUSON MUS UM hereby accepts this Conservation Easement and camits itself to the protection otthe conservation purposes expressed therein and to the enforcement of the restrictions contained terrine HENRY L. FERGUSON MUSEUM Dated a diet 1983 By Simo .=.-,_ - xt.s STATE OF L`iMtef re ks- COUNTY OF Fo;•6,elj ) ••• ��aw��i�a� On thetday of e++n .� 1984, before me personally came re e�� rA*. !1- to ma known to be the person described n and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public it y Commission Expires fMreh 3r,19K` [Apply seal here] STATE OF Connecticut) ti as. Af#w 8.80716JR/ COUNTY OF yAe rev wrp ) On the -? 9" day Of 20 c�r•«A t wo , 1983, before mss person4lly cam Charles B. Fergusonto me known, rho being by me duly sworn,, did depose and say that he resides at 33 Farmstead Lanes Farmington, Connecticut, that he is the President of the Henry L. Ferguson Museum, the corporation described in and Which executed the above instrumentt and that he signed his name thereto by order of the board of directors of said corporation. j Notary Public MY Commission Exires: A�"- CApPly seal herel i "33 71 i rt Vto t4 M p G ti RECORDED t 1984