HomeMy WebLinkAboutL 9633 P 355 0 7e,
U10 9n,33 ?ASE 355 4364
CONSERVATION EASEMENT
THIS EASEMENT is made the U;✓day Of August, 1994, by and
between FISHERS ISLAND DEVr.L0!yMMENT CORPORATION, a corporation
organixed under the .laws of the State of New York, with a
principal piece of business at Fishers Island, New Yor
po 0 Or i u ak Ra
( "Grantor") , and the HENRY L. FERGUSON MUSEUM of 1118hers Island,
New Yor1c ( "Grantee") .
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QOgoo W I T N E S S E T Hi
WHEREAS, Grantee is a public charity whose purposes include the
cont-•cation and prutaction of environmental systemsr and
WHEREAS, Grantor is owner in fee simple of certain reel 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.
aJid THEREFORE, for and in consideration of the sum of ONE
DOLLAR (01.00) and other good and valuable consideration, paid by
Grantee to Grantor, receipt of which is hereby acknowledged, and in
consideration of the covenants and undertakings hereinafter not
forth, Grantor does hereby give, grant, bargain, sell acid confirm
unto Grantee a conservation easement and right in perpetuity (the
"Easement" ) in, over and to certain real property located on
Fishers Island in the Town of Southold, County of Suffolk and St"te
of New York, as more particularly de6c ribed 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 t�s natural habitat therein. 4 3tA
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LIM 963 !A 1356
1. Grantor covenants and agrees that he shall maintain the
Land for conservation purposes and shall not himself or permit
nthere to use the Land for any purposes whatsoever Which 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 Lasement.
(a) Erection of any buildings, billboards, commercial signs or
any other structurest
(b) Filling, excavating, removing soil or sand or gravel or
rocks or minerals, conetruct.ing site improvements or changing the
topography of the Land in any manner whiei would be detrimental to
or which could adversely affect the eonsei7vation purposes of this
Sassmentt
(c) Toleration of vehicular traffic over the Land other than
over roads and paths necessary for access -to adjoining properties,
including the use of snowmobiles, motorcycles, all-terrain or other
off-road vehiclest and
(d) Any other action, practice or use Which could be
detrimental to or which could adversely affect the preservation and
protection of the natural habitat of the Land.
Because a significant portion of the habitat Grantor and
Grantee wish to protect cons ate of open land which has been
maintained as such, the cutting of trees or brush, mowing,
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cultivation or planting of the Land from time to time by the
Grantor shall not in and of itself be deemed to be 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 purposes of this Easement.
Z. Grantor hereby covenants and agrees that Grantee ■halls
(a) Enforce any and all provisions of this Easement against
all persons, including, without limitation, Grantor.
(b) Enter the Land at reasonable in-trvalts 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 Grantee 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 correc#ad within thirty (30) dayo. of said notice,
Grantee may institute a suit to enjoin by temporary ano/or
permanent irjitinction such violation, or for damages for breach of
covenant, or may take such other action as it deems necessary to
insure compliance with the terms, conditions, covenants and
purposes of this Lassmentr provided, however, that any failure so
to act by Grantee shall not be deemed to be a waiver o: a
L1699633 PA4E
' forfeiture of the right to enforce any term, condition► covenant
or purpose of this Easement in the future. Granton 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 Lard,
including attorney fees, 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 the Land for any
purpose.
S. This Easement shalt, run with the Land in perpetuity and
the terms hereof and the covenants and agreement■ herein contained
shall apply to and be forever binding upon the respective heirs,
successors and assign■ of Grantor and Grantee.
6. Grantor shall execute any additional instruments which
Grantee reasonably requires in order to carry out the purposes of
this Easement.
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 Cods of 1954, as amended, Grantor may
terminate any and all interests creatod by this Easement.
S. Grantee is prohibited from subsequently transfering this
Easement, or any interest created by this Easement, whether or not
rur consideration, unless Grantee requires, as a condition of the
subsequent transfer, that the conservation purpose for Which the
Easement is being granted continues to to carried out.
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Moreover, grantee may only ■ubse,quently transfer this Basement
to a charitable organization qualifying# at the time of the
subsequent transfer , as an eligible donee under Section 170 (h) (3 )
of the internal Aevenue Code of 1934# as amended, and the
applicable regulations promulgated thereunder or any applicable
successor provisions and the regulations promulgated thereunder.
9. The use of the singula& or plural form shall include the
plural or singular form and the use of any gander shall include all
genders, as the context may require,
10. grantor agrees that roferrence to this Easement shall be
made ,in any sishoosquent 4e*d, or other legal instrument,. by means of
which he conveys any interest in the Loand and that he shall attach
a copy of this Easement thereto.
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EXHIBIT A
DESCRIPTION OF PROPERTY
Fishers Island Development Coreorstion to
Henry L. Ferguson Museum
A certain tract or parcel of land located at Fishers island,
Town of Southold, County of Suffol!s and Stat& of New York,
being boundrd and described as fo:lowet
Beginning at an iron pipe on the Easterly side of a proposed
road 50 feet vide , said pipe being located 2906. 25 feet North
of a point which 11 2677160 feet East of a monument marking
the United States Coast and Geodetic Survey Triangulation
Station "NIN1/ and running thence South 8' 46' $6" West 1040
feaL to a raintj thence South 84' 58' 55" West 336.01 fact
to a paint : thence South 13' 23 ' 45" East about 333 feet to
the shore of Beach Ponds thence following the meanders of
said shore line about 900 feet to land of Rita M. Cushmani
thence North 11. 02' 00" West about 440.00 feet to an iron
ywpei thence North 23. 1.4' 22" West 729.36 fest to the iron
pipe at the point of beginning.
Containing 11 .4 acres , more or less ,
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Rasement to be executed as of the day and year first above
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written.
FISHERS ISLAND
DMkOPMENT CORPORATION
Dated t August �: 1984 By l
Stephen e
President
The HENRY L. FERGUSON MUSKIJM
hereby accepts this Conservation
rarement and commits itself to
the protfetion of the conservation
purposes expressed therein and to
the enforcement of the restrictions
contained hereinr
HENRY L. FERGUSON MUSEUM
DATED: August Y, 1984 By: A
Charles B. Ferguson
President
STATE OF
COUNTY OF )
On the day of August, 1984, before me personally came
Stephen G. Areil to me known, who being by me duly sworn, did
depose and say that, he resides aE 1120 Park Avenue, New York, Now
Yorks that he is the President of the Pisher■ Island Development
Corporation, the corporation described in and which executed the
above instrument as Granton and that he signed his name Ithere%* by
order of the board of directors of said corporation.
Neftary Public 2
My Commission Expirest ►.
EApply seal herea C sdwasr
NoEw PWkr am at Newt'"
rto. 31-6157410
ON d to Nov York Coutrtr
STATE aF~ r, } Term QWne JA 1
COUNTY of ��{�►A� )
On theday of August, 1984, before we personally came
Charles B. erquson to me known, who being by me duly sworn, did
dernse and any that he resides at 33 Farmstead Lane, Farmington,
ftnnoc�icutr that he is the President of the Henry L. Ferguson
Museum, the corporation described in and which executed the above
Instrument as Oranteet and that he signed bis name thereto by order
of the board of directors of said corporation.
I P
.ary M24c "` v
My Commission Ex irest '"
[Apply ■sal here w staAMWO
te oTedi ► �
No. 07.4026440
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CONSERV&TION E`,SEKWr
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Granter
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= - HENRY L. FERGUSON MUSE M
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- Grantee
Dated.- August , 1984
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