HomeMy WebLinkAboutL 12613 P 642 I1111111I11111111hillllllllllll11111IIIAVIIIIIIIIIII o `
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 01/20/2010
Number of Pages: 10 At: 10:11 :36 AM
Receipt Number : 10-0007563
TRANSFER TAX NUMBER: 09-14472 LIBER: D00012613
PAGE: 642
District: Section: Block: Lot:
1000 010.00 05.00 012.023
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $50.00 NO Handling $20.00 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
Transfer tax $0.00 NO Comm-Pres $0.00 NO
Fees Paid $145.00
TRANSFER TAX NUMBER: 09-14472
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
IE
RECORDED
Number of pages 2010 Jan 20 10:11:36 Aft
.JUDITH A. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
L D0001261.3
record.Please remove all P 642
Social Security Numbers DT# 09-14472
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee Mortgage Amt.
77� 1.Basic Tax
Handling 00 2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
or
EA-52 17(County) Sub Total Spec,/Add.
EA-5217(State) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit * Mansion Tax
The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub7atal YES . or NO
Other
Grandtotal If NO, see appropriate tax clause on
CA page# of is instr me t.
4 Dist. i 1000 01000 0500 012023 5 Community Preservation Fund
1000 01000 0500 013005
Real Property P T 5 Consideration Amount$
Tax Service R RSK A
Agency 13-JOAN-1 CPF Tax Due $
Verification
improved
�
6 5atisfattlanslDtschargeslReleases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
TD
STEPHEN L.HAM,Ill,ESQ.
MATTHEWS&HAM TD
38 NUGENT STREET
SOUTHAMPTON,NY 11968 TD
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name al P44y T-4f
www.suffolkcountyny.gov/clerk Title#
B Suffolk County Recording & Endorsement Page
This page forms part of the attached CONSERVATION EASEMENT made
by: (SPECIFY TYPE OF INSTRUMENT)
WALTER C.FLOWER III The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of SOL iTHO1.D
IRE HENRY L.FERGUSON_MI IS_F,L.iM.INC. In the VILLAGE
or HAMLET of FISHERS ISLAND
BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
lover
CONSERVATION EASEMENT
THIS EASEMENT is made as of the 3a"*day of December, 2009 by and
between WALTER C. FLOWER, III, 408 Magazine Street, New Orleans, Louisiana70130
-(the"Grantor"),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:
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 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;
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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, 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 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. Grantor covenants and agrees that he shall maintain the Land for
conservation purposes and shall not himself 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
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;
2
(d) Use of the Land for a commercial recreational activity to more than a
de-minimis extent; and
(e) Any other action, practice or use that is detrimental to or adversely
affects the preservation and protection of the natural habitat of the Land.
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 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. 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 another Qualified Organization acceptable to Grantor 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.
3
3. 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 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 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 borne by Grantor.
4. 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.
5. 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.
4
6. Grantor shall execute any additional instruments which Grantee
reasonably requires in order to carry out the purposes of this Easement.
7. 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 transfer by merger or consolidation.
8. 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
5
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.
9. 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.
10. 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.
11. 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 he conveys any interest in the Land.
12. 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.
13. 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, at408 Magazine Street, New Orleans, Louisiana 70130,
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.
6
14. 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 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 amendment shall limit the-perpetual duration or interfere
with the conservation purposes of this Easement.
15. The invalidity or unenforceability of any provision of this Easement
shall not affect the validity or enforceability of any other provision hereof.
16. 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 as of the day and year set forth below.
Dated: December v 2009
zt 3 A6&1�Walter C. Flower, III
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: December , 2049 By:
Rob rt 0. Miller, Vice President-Land Trust
7
r
State of Louisiana }
Parish of Or I e'.'5 }
On the 50 r*- day of December in the year 2009 before me, the undersigned,
personally appeared Walter C. Flower, III 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 made such appearance
before the undersigned in the C. �y a¢ 0@4t) 4r l a aus in
(insert the City or other political subdivision)
the State of Louisiana.
4`
(signatu n office of individua ngacknowledgment)
JOHN D. WOGAN Notary Public= --
Notary Public L0Qj 5i4.rart oOr" =V, 3 36 6 F
State of Louisiana
Louisiana State Bar#13629
My Commission Is Issued for Life
.VY
State of Connecticut )
ss..
County of Fairfield )
On the �`�� day of December in the year20Qbefore me,the undersigned, personally
appeared Robert J. Miller personally known to me or proved to me on the basis of
j 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 i dividual made such appearance
before the undersigned in the rf % in
(insert the City sir other political subdivision)
the State of Connecticut.
(signature and office of individual taking acknowledgment)
Notary Public
CONNIiE M. FALKENSTEIN
NOTARY PUBLIC
MY OOWSS10N EXPIRES CCT.31,2011
8
r
f
SCHEDULE A
TO
CONSERVATION EASEMENT
Grantor: Walter C. Flower, III
Grantee: THE HENRY L.-FERGUSON MUSEUM, INC.
Conservation Easement Dated: December 30 , 2009
A certain tract or parcel of land located at Fishers Island in the Town of Southold, County
of Suffolk, State of New York, being bounded and described as follows:
BEGINNING at an iron pin located at the northwesterly corner of the herein described tract
or parcel, said iron pin being located 3445.86 feet West of a point which is 1117.00 feet
South of a monument marking the United State Coast and Geodetic Survey Triangulation
Station NIN"; and
RUNNING THENCE South 870 29' 32" East, 343.71 feet to a point of curve to the right
having a radius of 269.15 feet and the direction of whose radius at that point is South 390
32' 18" West;
THENCE southeastwardly following the arc of said curve, 20.00 feet to a point;
THENCE South 56'51' 05" West, 8.18 feet to a point;
THENCE South 01 °30' 01" West, 37.43 to a paint;
THENCE South 55'59' 53" West, 103.82 feet to a point;
THENCE North 870 53' 34" West, 146.51 feet to a point;
THENCE North 830 55' 18" West, 61.82 feet to a point;
THENCE North 790 33' 53" West, 89.25 feet to a point;
THENCE North 11 °05' 00"West, 40.49 feet to a monument at a point of curve to the right
having a radius of 248.00 feet and the direction of whose radius at that point is South 65°
32' 20" East;
THENCE northeastwardly following the arc of said curve, 72.19 feet to the iron pin at the
point or place of BEGINNING.
Containing 40,720 square feet, more or less.
9