HomeMy WebLinkAboutL 12211 P 740 111111!IIII 11111 l1111 lilil Ilill IIIII IIlB IIl11 Ili!ill!
1111111 IIIII IIIII IIII 1111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP Recorded: 09/27/2002
Number of Pages: 11 At: 11:38:43 AM
TRANSFER TAX NUMBER: 02-08797 LIBER: D00012211
PAGE: 740
District: Section: Block: Lot:
1000 011.00 01.00 00-7-M3
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 SURCHG $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
Ccum.Pres $0.00 NO
Fees Paid $93.00
TRANSFER TAX NUMBER: 02-08797
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
2
Number of pages RECORDED
2002 Sep 27 11:38:43 AM
TORRENS Edward P.Rolaaine
CLERK OF
Serials SUFFOLK COUNTY
L DOOO12211
Certificate 0 P 740
DTi 028797
Prior Ctf.9
Deed/irlortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
4 1 FEES
Page/Filing Fee Mortgage Amt.
Handling I.Basic Tax
TP-594 2.Additional Tax
Notation Sub Total
EA-52 17(County) Sub Total SpecJAssit.
EA-5217(State) Or
Spec./Add.
R.P.T.S.A _J-0 f►y TOT.MTG.TAX
Dual Town Dual County
Cormn of Ed. 5 QSL i 1 leld for Apportionment
Alrtdavit + ♦ Transfer Tax
Certified Copy °, Mansion Tax
The property covered by this mortgage is or
Re8•Co -D will be improved by a one or two family
PY _
Sub Total dwelling only.
Other �tiL � YES or NO
GRAND TOTAL, If NO,ace appropriate tax clause on page 0
of this instrument.
Real P(LI rty Tax Service Agumy Verification 6 Community Preservation Fund
Dist. Section B lock Lot Consideration Amount S 0
rr 1000 011.00 01.00 007.003 C111'. Tnx Duc S n
Improved
Initiulse Vacant Land
SSatisfactions/Discharges/Releases List Property Owners Mailing Addre. •fn AD
RECORD 8r RETURN TO:
Stephen L. Liam, III, Esq. ID
]Matthews b Ham 7'D
45 Hampton Road
Southampton, NY 11468
EC. Nam
Title Company Information
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9 Suffolk County Recording & Endorsement Page
•Ihis page fomts part of the attached Conservation Easement made by:
(SPECIFY TYPE 01:INSTRUMINI')
CHRISTABEL VARTANIAN The premises herein is situated in
SUFFOLK COUNIY,NEW YORK.
TO In lhe'fownship of SOUTHOLD
THE HENRY L. FERGUSON MUSEUM, INC, In the VILLAGE
or 1 TAMLf."f of FISHERS ISLAND
BOXES 5 THRU 9 MUST BE TYPED OR PRIME:))IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER) /
CQNSERVATION EASEMENT
THIS EASEMENT is-made as of the L$I`
mday of September, 2002 by and between
CHRISTABEL VARTANIAN, (no#) Isabella Beach Road, Fishers Island, New York 06390 (the
"Grantor'),andTHE 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:
WH ER-EAS,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, i
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;
NOW,THEREFORE,for and in consideration ofthe sum of ONE DOLLAR($1.00)
and other good and valuable consideration paid by Grantee to Grantor,the receipt of which is hereby
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acknowledged,and in consideration ofthe 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 she shall maintain the Land for conservation
purposes and shall not herself 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; and
(c) 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.
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2. It is expressly understood by the parties that (a) creating and preserving
walkway access over any part of the Land to the currently existing wildlife observation platform on
the Land, (b) maintaining, repairing and replacing such platform and any other currently existing
improvements on the Land, and (c) trimming, clearing and otherwise maintaining trees, brush and
other vegetation on the Land by the Grantor and her successors and assigns shall not be considered
inconsistent with the conservation purposes of this easement so long as any such activities are
undertaken after all permits and approvals, if any, which may be required under applicable laws,
ordinances, rules and regulations shall have been duly obtained and when the same shall be in full
force and effect.
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 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.
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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 ofcovenant,or may
take such other legal action as it deems reasonably necessary to insure compliance with the terms,
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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.
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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.
S. 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.
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8. Grantee is prohibited from subsequently transfer-ring this Easement or any
interest created by this Easement, whether or not for Lonsideration, 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 ofa 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.
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.
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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.
1 L 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.
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 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, at Grantor's residence at(no#)Isabella Beach Road, Fishsers Island,New York 06390,
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 ofthis Casement,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.
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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 Eascmcnt 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.
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Ir
Dated: September o?0.2002
Christabel Vaatanian
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: September IT. 2002 By:
Robert!JA,4 iller, Treasurer
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State of /veil �errw- ss:
On the Zvl`day of September in the year 2002 bcfore me, the undersigned, personally appeared
Christabel Vartanian 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, and that such
individual made such appearance before the undersigned in the
'Be-A.m 1'f1SRx� wnsh,'P in Neil Utr-zg-% I
(insert the City or other political subdivision) (and insert the State or CUntry or other place
the acknowledgment was taken)
f
(signature and Ace ndividual taking acknowledgment)
Notary Public
CMDYCE J. FORSTER
Hoary Public of New Jersey
my m anisslon Expires Feb.28.2004
State of Connecticut ss:
On the 194'day of September in the year 2002 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
individualmade such appearance before the undersigned in the
0 4 S in the State of Connecticut.
(insert the City or other political subdivision)
aAw-� rn-
(signature and office of individual taking acknowledgment)
Notary Public
CONNIE M.FALKENSTEIN
NO TAR Y PUBLIC
W COMMISION EXPIRES OCT.31,2006
8
SCHEDULE A
TO
CONSERVATION EASEMENT
Grantor: Christabel Vartanian
Grantee: TIME HENRY L. FERGUSON MUSEUM, INC.
i
Conservation Easement Dated: September 18 , 2002
All that certain plot,piece or parcel of land,situate, lying and being at Fishers Island in the Town of
Southold,County of Suffolk,State of New York,being more particularly bounded and described as
follows:
BEGINNING at a monument on the southerly line of a road, said monument being located 152.78
feet North of a point which is 558.89 fleet East of a monument marking the United States Coast and
Geodetic Survey Triangulation Station"NIN", said monument also being at a point of curve to the
left having a radius of 39.82 feet and the direction of whose radius at that point is South 25 degrees
40 minutes 53 seconds East; and
RUNNING THENCE southerly following the arc of said curve, 53.91 feet to an iron pipe;
THENCE South 13 degrees 15 minutes 00 seconds East, 10 1.07 feet to a point;
THENCE South 51 degrees 13 minutes 00 seconds West, 100.80 feet to an iron pipe;
THENCE South 51 degrees 44 minutes 00 seconds West, 94.80 feet to an iron pipe;
THENCE South 04 degrees 24 minutes 00 seconds East, 36.55 feet to an iron pipe-,
THENCE South 27 degrees 52 minutes 00 seconds East, 83.50 feet to an iron pipe,-
THENCE
ipe;THENCE South 55 degrees 03 minutes 40 seconds West, 87.85 feet to an iron pipe;
THENCE North 47 degrees 32 minutes 20 seconds West, 164.06 to a point;
THENCE North 23 degrees 21 minutes 00 seconds East, 171.24 feet to a point;
THENCE North 54 degrees 54 minutes 30 seconds East, 176.41 feet to an iron pipe;
THENCE North 38 degrees 15 minutes 30 seconds West, 25.00 feet to an iron pipe at a point of
curve to the left having a radius of 29.28 feet and the direction of whose radius at that point is North
38 degrees 15 minutes 30 seconds West;
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THENCE northerly following the arc of said curve, a distance of 54.94 feet to a point on the
southerly line of said road-,
THENCE South 84 degrees 28 minutes 37 seconds East, 107.98 feet along said road line to the point
of BEGINNING.
Containing 1.34 acres more or less
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